Terms of Service (ToS) of Qontext GmbH

1. General and Scope

1.1 The provider of the services described below is

Qontext GmbH, Bergstraße 16/17, c/o Lorenz Hieber, 10115 Berlin (“Qontext”, “we”).

1.2 Qontext provides a context management platform (“Platform”) enabling companies (“Customer”) to centrally manage company-wide context and make it available via interfaces for use in AI processes, workflows, automations, and applications.

1.3 These GTC govern the use of the Platform where the engagement is placed via our website or on the basis of a Qontext offer.

1.4 The offering is directed exclusively at businesses (Sec. 14 BGB). Consumers are excluded from use.

1.5 Individual agreements (e.g., offer/order form, service descriptions, DPA) take precedence over these GTC in case of conflict.

1.6 Conflicting or deviating terms and conditions of the Customer shall not apply unless Qontext expressly agrees to their application in text form.

2. Subject Matter and Platform Functions

2.1 The Platform includes, in particular, the following core functions:

  • Data connectivity to third-party systems (e.g., CRM, knowledge, file or ticketing systems) via connectors/integrations or API.

  • Data preparation (including structuring, linking, enrichment, ranking, and updating of context).

  • Context provisioning via APIs for use in AI processes (prompts, agents, workflows, automations, custom applications).

2.2 The Customer may retrieve relevant context via API calls and integrate it into its own systems. Context data provided by Qontext is for support purposes only. It does not replace the Customer’s own assessment of suitability, completeness, and accuracy. Qontext is not liable for the Customer’s use of such data, in particular not for its use towards end customers or for results of AI models generated on the basis of such context data.

2.3 Third-party systems/services are provided under the responsibility of the respective third-party provider. Qontext is not the provider of such services, assumes no warranty for their availability/functionality, and is not liable for service limitations resulting from their changes, disruptions, or outages.

2.4 Provision/Hosting. Unless agreed otherwise, the Platform is provided as SaaS via data centers within the EU/EEA up to the handover point (data center network connection). The Customer is responsible for internet access and the client environment.

3. Registration and Customer Account

2.5 Tenant separation. Customer data is stored logically/technically segregated per tenant.

3.1 Use requires registration and creation of a customer account.

3.2 The Customer ensures the accuracy/completeness of its information and keeps it up to date (in particular contacts, billing and contact details).

3.3 Access credentials must be treated as confidential and protected against unauthorized access. Customer employees/authorized users are not deemed third parties.

4. Trial Period

4.1 Qontext may grant the Customer a one-month trial (“Trial Period”) free of charge, potentially with limited functionality; details follow from the offer/onboarding.

4.2 Opt-out: Unless the Customer terminates use by the end of the Trial Period or deactivates the trial environment, use automatically transitions to regular, paid operation in accordance with the price/service overview.

5. Conclusion of Contract

The presentation of services does not constitute a binding offer. By placing an order (e.g., clicking “order with obligation to pay”), the Customer submits a binding offer. The contract is concluded by order confirmation or commencement of performance by Qontext. The acceptance period is five days.

6. Availability, Maintenance, Disruptions

6.1 Qontext aims for 99% availability per calendar month (excluding planned maintenance, force majeure, and third-party fault outside our control).

6.2 Planned maintenance will—where possible—be announced at least 7 days in advance and preferably carried out outside regular business hours.

6.3 Disruptions must be reported by the Customer without undue delay and with specifics (error pattern, timestamp, logs, reproducibility). Qontext will respond within one business day with a qualified update (excluding minor issues).

7. Rights of Use

7.1 For the contract term, Qontext grants the Customer a simple, non-transferable, revocable right to use the Platform within the contractually agreed scope.

7.2 Prohibited in particular: renting/leasing/resale, unauthorized sharing of access, activation of unlicensed features, reverse engineering (except as permitted by law), removal/modification of protection/legal notices, and circumvention of technical protection measures.

8. Customer Obligations

8.1 The Customer grants Qontext the necessary simple rights of use in Customer-provided content/data (“Customer Content”) for contract performance (in particular storage, reproduction, structuring, transmission). The Customer remains the rights holder of its content.

8.2 The Customer ensures its use complies with third-party rights (e.g., copyright, trademark, personality rights) and statutory requirements and that no unlawful content is transmitted.

8.3 The Customer is responsible for backups of its content and for appropriate access and authorization concepts.

8.4 The Customer is obliged to assess the suitability of context data provided by Qontext independently and to manage its use (in particular towards end customers and in AI processes) on its own responsibility.

8.5 The Customer shall indemnify Qontext against third-party claims arising from unlawful use of the Platform/Customer Content (including reasonable legal costs), unless such claim is caused by willful misconduct or gross negligence of Qontext.

9. Fees and Payment Terms

9.1 Fees are as set out in the offer. Unless otherwise agreed, recurring fees are due at the beginning of the billing period; invoices are payable within 14 days.

9.2 All prices are net plus statutory VAT.

9.3 Model change: Qontext reserves the right, with reasonable prior notice (as a rule 30 days), to change the pricing structure to a usage-based model. In such case, the Customer has a special termination right effective upon the change.

9.4 The Customer may only set off undisputed or finally adjudicated claims; Sec. 320 BGB remains unaffected.

10. Warranty

10.1 Secs. 536 et seq. BGB apply; strict liability for initial defects (Sec. 536a(1) Alt. 1 BGB) is excluded.

10.2 Qontext remedies reported defects, at its discretion, by repair or replacement. Ordinary termination for failure to provide contractual use is permissible only after unsuccessful cure.

10.3 Qontext assumes no warranty for the accuracy/completeness/currency of data sourced from third-party systems, for results of the Customer’s AI processes, or for the Customer’s intended uses.

11. Liability

11.1 Qontext is liable without limitation for intent and gross negligence, for damages arising from injury to life, body, or health, and under the Product Liability Act.

11.2 In cases of simple negligence, Qontext is liable only for breaches of material contractual duties (cardinal obligations) and limited to the foreseeable, typical damage.

11.3 To the extent permitted by law, liability is otherwise excluded. The foregoing applies accordingly to Qontext’s organs, employees, and vicarious agents.

11.4 Qontext is not liable for outages/changes of third-party services (e.g., source/target systems, cloud infrastructure).

12. Suspension and Deletion

12.1 Qontext may temporarily or permanently suspend access where there are concrete indications of a violation of these GTC or applicable law; the Customer’s interests will be duly considered.

12.2 Qontext may remove unlawful content or content violating Sec. 8 after prior request to self-delete.

13. Term and Termination

13.1 The contract commences on the date specified in the offer and is initially concluded for one contract month. It automatically renews for successive one-month terms unless terminated by either party with one month’s notice to the end of the then-current contract month.

13.2 The right to extraordinary termination for cause remains unaffected (e.g., payment default pursuant to Sec. 543 BGB).

13.3 Terminations must be made in text form (email suffices).

13.4 Upon contract end, access is deactivated; Customer Content is deleted in due time—subject to statutory retention duties. Data export is available during the contract term by prior agreement.

14. Data Protection and Processing on Behalf

14.1 Qontext processes personal data as a controller in accordance with the Privacy Notice.

14.2 Where Qontext processes personal data on behalf of the Customer, the parties shall conclude a Data Processing Agreement (Art. 28 GDPR), which forms part of the contractual relationship.

15. Confidentiality

15.1 Both parties undertake to treat the other party’s confidential information confidentially, to use it solely for contractual purposes, to disclose it only to those who need to know, and to protect it appropriately.

15.2 These obligations continue after contract end. Statutory retention obligations remain unaffected.

16. Changes to Services and GTC

16.1 Qontext may adjust services/GTC to reflect unforeseeable technical, economic, or legal changes, taking due account of the Customer’s legitimate interests. Functional enhancements may be introduced at any time.

16.2 Changes will be notified in advance by email. If the Customer does not object within 4 weeks, the changes are deemed accepted for the future. In case of objection, Qontext may extraordinarily terminate with 2 weeks’ notice, provided this was indicated in the notice.

16.3 Changes to the subject matter/core obligations that would alter the overall contractual balance require an offer to continue under the amended terms.

17. Final Provisions

17.1 The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws rules.

17.2 Place of jurisdiction—where permitted—is Berlin. Qontext remains entitled to sue at the Customer’s general place of jurisdiction.

17.3 Should any provision be or become invalid, the validity of the remaining provisions shall not be affected.

17.4 The contract language is German; any translations are for information only.