Date of issue: September 12th 2025

Tucan Terms of Use

These Terms of Use (“Terms”) apply to any use of and access to the Tucan platform, the Tucan website (http://localhost:8080) and all associated sub-websites, widgets, tools, features, applications, data, software, APIs (which may also be subject to separate API terms of use) and any other services made available by Tucan Systeme GmbH & Co. KG (hereinafter “Tucan” or “we/us”) (hereinafter collectively referred to as the “Platform”).

We have compiled these Terms to inform you about the rules for using Tucan and about our contractual relationship with you.

In order to use the services offered by Tucan, you must agree to these Terms of Use and to our privacy policy, which are presented to you (i) upon your first registration on the Platform, (ii) on our website at www.tucan.ai/agb and https://www.tucan.ai/privacy/ respectively, and (iii) upon every amendment of these Terms and the privacy policy. If you do not agree to these Terms, please delete your account with us and do not use our Platform, as you also agree to this contract by continuing to use the Platform.

1. Tucan’s Services

1.1. Our Services

We have developed the Tucan Platform in order to

1. offer you a fast and efficient way of converting audio into text via our speech recognition algorithm,
2. create automatic summaries and evaluations of your conversations and texts, and
3. analyse, assess and categorise texts (the results of this processing are hereinafter referred to as the “Result” or “Processed Content”).

We offer the following products via our Platform:

1. (i) Uploading audio files in various formats to our Platform, (ii) the creation of automated transcriptions of audio files uploaded via our Platform, (iii) an editor with which you can review and correct the content of the transcriptions, and (iii) the option to export and share the transcripts of your audio files in various formats (“Transcription Service“).
2. (i) A recording program for your meetings (“Tucan Bot“), (ii) a way to schedule and organise meetings via our Platform, (iii) uploading audio files in various formats to our Platform, (iv) creating summaries and analyses of these audio files (collectively “Meeting Summaries“), (v) an editor with which you can review and correct the content of the transcriptions and Meeting Summaries (collectively “Meeting Records“), (vi) an overview of all your Meeting Records, (vii) the option to summarise and analyse several Meeting Records together, and (viii) the option to export and share the Meeting Records of your audio files in various formats (“Meeting Service“).(hereinafter, the services referred to in 1.1.a to 1.1.e are also referred to as the “Product” or “the Products“)

1.2. Additional Services

Additional services, in particular consulting, support, custom development or implementation or training services, are owed by Tucan only on the basis of an express written individual agreement.

If we provide additional services in this sense, in particular if a product or service is developed for the individual use of a customer, all rights to such products or services remain reserved to Tucan, and these Terms of Use also apply to them.

1.3. API

1. Subject to a corresponding individual agreement, we will provide you with the relevant access credentials for our API.
2. The API enables you to use the technical infrastructure operated by us to automate the processing of your content by transmitting content to the technical infrastructure. Tucan processes the content in accordance with the individual agreement concluded with you, these Terms, a service description agreed with you and the respective API documentation.
3. However, we cannot warrant or guarantee the completeness, correctness or accuracy of the API responses or the Processed Content. In particular, we assume no guarantee for the correctness of the results generated by automated processing. The generated results are intended as an aid but in no way replace independent review and verification by the customer.
4. We may, at our own discretion, provide you with process examples or code samples (hereinafter collectively referred to as “Code Samples“). Code Samples are provided free of charge and are excluded from the paid services. Code Samples are provided in electronic form and can be downloaded from a dedicated website. We are not obliged to continue the development of Code Samples or to keep Code Samples functional or available at all times. Code Samples are not suitable for use in production environments and are provided for educational purposes only.
5. In particular with regard to the ongoing development of the API, we may introduce new versions of the API with additional or different functionality. In addition, we may discontinue outdated versions of the API, provided that the discontinuation is reasonable taking into account our and your interests. We will inform you of such a discontinuation in writing (e-mail is sufficient) at least four (4) weeks before the discontinuation takes effect. We will inform you about updates to the API by e-mail and via our API documentation website.

1.5 On-Premise Installation

1. An installation of our software on your servers (hereinafter “On-Premise“) must be agreed with you in writing and in an individual agreement. If we have not expressly done so, no On-Premise installation of our software will take place.
2. The On-Premise installation of our software does not confer on the customer and users any greater or additional rights to our Products beyond the agreed On-Premise installation for the agreed purposes and for the agreed term of our contract with you.
3. If On-Premise has been agreed, you undertake

1. to grant us free access to your server whenever Tucan requires it, in particular for technical or billing purposes, but at least once every three months and in any case to enable us to install updates for our software installed on your servers,
2. to provide us with technical support free of charge when installing the updates, and
3. to send us, for billing purposes, a monthly report on the use of the software, which is generated automatically by the installed software (by e-mail is sufficient);
4. to enable us, subject to confidentiality, to have remote access for the purpose of contract monitoring; and
5. upon termination of our contract, to remove all our products, software or algorithms from your systems without retaining copies, and to allow us to inspect and verify your facilities and systems in order to ensure full compliance with this contract.

2. Who May Use Our Platform

Our services are directed exclusively at businesses (the “Customers”). If you use Tucan for your business, you confirm that you have the right to agree to these Terms both for yourself and for your business, and that the results obtained and the services used benefit exclusively the Customer that is Tucan’s contractual partner.

3. Registration and Accounts

3.1 General

1. Unless otherwise agreed, you may grant access to the Products, at your sole discretion, to any number of your employees, employees of your affiliated companies, freelancers or service providers (collectively “Users“), provided that

1. all agreed technical restrictions are complied with; and
2. each of these Users has confirmed to you that (a) he/she understands the agreed confidentiality and the usage restrictions of our Products, (b) that he/she is bound by confidentiality towards Tucan, and (c) that the Customer is responsible for ensuring that each User uses the Products exclusively in accordance with these Terms and the contract agreed with the Customer.
3. You have a sufficient number of free licences available.

2. You are fully responsible for the use of the Products by each and every User. You are obliged to inform us immediately of any suspected misuse by a User or any suspected breach of this contract and to cooperate with us in the investigation of such a breach and in all measures we take to enforce this contract.
3. In order to access most of the functions of the Platform, you must register on our Platform. When you register, you may be required to provide us with certain information about yourself, e.g. your name, your e-mail address and the name of your organisation. If you wish to designate individual Users to access and use the Platform under your account (hereinafter “Authorised Users”), you may also be required to provide us with certain information about such Authorised Users (e.g. name and e-mail address). You agree that the information you provide to us is accurate, that you will keep it accurate and up to date at all times, and that you have all necessary rights and permissions to provide such information. You assume responsibility for all activities that take place under your account. If you believe that your account is no longer secure, you must notify us immediately at team@tucan.ai.
4. By individual agreement, we may also agree other registration, login or identity solutions with you. Sections 3.1.a and 3.1.b apply to these accordingly.

3.2. Authorised Users

1. You are responsible for

1. identifying all of your Authorised Users,
2. approving your Authorised Users’ access to the Platform and establishing appropriate access controls in connection with your account,
3. preventing unauthorised access by your Authorised Users,
4. determining the scope of your Authorised Users’ permissions, and
5. all activities that occur under the usernames or accounts of your Authorised Users as a result of your Authorised Users’ access to and use of the Platform.

2. If you have received access credentials for accessing and using the Platform from your organisation or a licensee, or otherwise access the service via the account of your organisation or a licensee, you acknowledge and agree that your access to the Platform, as provided by your organisation or the licensee, is subject to the agreement between Tucan and your organisation or the licensee. You also acknowledge that your organisation or the licensee may terminate the access to the Platform it provides to you at any time. Tucan assumes no liability towards you in connection with any such deletion or termination of the contractual relationship.
3. By granting access to a Product or designating a User to use a Product, the Customer undertakes that it has a legal basis for the processing of personal data of meeting participants and has obtained all necessary consents from each User to whom it grants access to the Platform or permits to use a Product, and that it will fully indemnify Tucan against all claims by a User, including with respect to data protection.
4. Each User account can be identified by Tucan vis-à-vis the Customer; Tucan may also transfer any User account to the Customer’s account and/or restrict or terminate access to the User account.

4. Fees and Payment Terms

4.1. General

1. Tucan charges flat fees, recurring monthly licence fees or fees per user/document. Unless expressly agreed otherwise, the payment terms of these Terms of Use apply.
2. Agreed flat fees for specific functions of the Platform are payable to Tucan in full and in advance at the beginning of a licence period, unless payment in instalments has been expressly agreed.
3. Recurring monthly licence fees are due for payment at the beginning of each month of the licence period.
4. Where fees have been agreed for a specific maximum number of users or a specific volume/number of documents/recordings per licence period, any use in excess thereof within that licence period is not permitted and will, among other things, be invoiced in accordance with this contract (see in particular 4.2); lower use per licence period does not entitle you to a (pro rata) refund of fees or costs.
5. Online or in-person time of Tucan managers and technicians, including for consulting, troubleshooting and error resolution, which the Customer commissions or requests, is charged at hourly rates insofar as it exceeds the agreed, included project support time. The hourly rates are charged in minimum increments of 15 minutes and at net hourly rates of EUR 350 for managers and EUR 280 for technicians.

4.2. Price

1. We may, at our own discretion, provide you with a paid or free trial subscription for selected Products (hereinafter “POC” or “Trial Period“).
2. If you continue to use one of the Products after the Trial Period without an express written agreement for such continued use, you will be invoiced twice the agreed monthly price, subject to Tucan’s other rights in such a case (including, without limitation, a cease-and-desist declaration).
3. If, for a Trial Period lasting longer than one month, payment in monthly instalments and a flat amount have been agreed, the agreed monthly price is deemed to be the pro rata price (e.g. if a flat amount of EUR 4,500 has been agreed for a Trial Period of three months, the agreed monthly price is deemed to be EUR 1,500).
4. All fees and agreed prices are stated in euros and are agreed and invoiced by Tucan plus any applicable taxes, fees and duties, in particular German value added tax at the applicable rate. All fees and prices are non-refundable.
5. All amounts are payable in full in the currency stated on the invoice, without set-off or retention. You bear all applicable bank and transfer charges as well as the costs of currency conversion. Payment is deemed to have been made when it has been received in Tucan’s Berlin bank account.
6. Tucan may, at its own discretion, make (promotional) offers to any of its customers, e.g. with different functions or different prices than those agreed with you. Unless directed at you, such offers do not apply to your offer or to this agreement.
7. Recurring licence fees (plus any taxes, surcharges etc.) are, unless otherwise agreed in writing in the individual case, agreed on a monthly basis and are due for payment monthly in advance on the first day of each month, beginning with the start of the licence period. If flat licence fees are agreed, the entire licence fees (plus any taxes and surcharges etc.) are, in the absence of any other written agreement, due in full at the beginning of the licence period. Fees per user/document are calculated monthly in advance on the basis of the agreed maximum permitted number of users/documents, unless expressly agreed otherwise in the individual case.
8. Should you default on a payment to us, for whatever reason, default interest of 9% above the 3-month Euribor applicable at our registered office is agreed, in addition to all other remedies available to us by law or contract (in particular including blocking access to the Platform).
9. If you have been granted a licence (i) for a specific number of Authorised Users and/or (ii) for a specific number of documents/recordings to be processed, and one of these agreed numbers is exceeded for whatever reason, you shall pay, subject to all other rights to which Tucan is entitled in such a case (including but not limited to early termination for good cause), for each such excess, per excess user or document/recording and for each month or part thereof of excess use, the higher of (i) 1% of the agreed monthly licence fee or (ii) EUR 190.

4.3 Changes to Prices and Services

1. We reserve the right to change, supplement or discontinue the services and the Platform at any time, temporarily or permanently (including by restricting or discontinuing certain functions of the Platform).
2. We are constantly working to improve our services for you. We will endeavour to inform you in good time, but cannot guarantee this. We assume no liability for any change to the services or the discontinuation of the services, the Platform or parts of the services.
3. We reserve the right to adjust the prices and services for licences from time to time if a valid reason so requires, with the changes applying to your contract from the beginning of the calendar month following notification of the price change.Such a reason exists, for example (but not exclusively), if the adjustment or change is necessary (i) to implement changed technical requirements, such as a new technical environment or other urgent operational reasons, or (ii) to implement changed legal requirements or case law, or (iii) to adapt to changed market conditions, or (iv) if the changes and adjustments are made in the interest of the Customer, e.g. to improve usability or security (non-exhaustive list of valid reasons). No price changes are permitted during trial periods agreed in the individual case.

   In the event that (i) the price change announced by Tucan constitutes a price increase of more than 12% or a change impairs your access to or the usability of the Products more than insignificantly, and (ii) a fixed term without a right of termination for you with effect from the end of that term has been agreed, you have a one-time extraordinary right of termination effective at the end of the calendar month following the month in which the price change was notified. To exercise this extraordinary right of termination, please send us an e-mail to team@tucan.ai stating the reason for termination. If you do not exercise this extraordinary right of termination, the terms of the contract apply (at the increased price and otherwise unchanged).

4. If a change concerns exclusively time-critical security updates, extensions of functions, only immaterial components of the Products (such as design or presentation changes), or if it is not a negative change within the meaning of Section 4.3.c, we will inform you clearly and comprehensibly about the change within the Platform. In all other cases, we will inform you clearly and comprehensibly about the respective adjustment or change at least two (2) months in advance by e-mail to the administrator e-mail address stored in your account (hereinafter “Change Notification“). The Change Notification contains the characteristics and the date of the change or adjustment as well as your rights described below in Sections 4.3.c to 4.3.f and the legal consequences of your silence.
5. If you continue to use or have access to the Products after the expiry of your contract, you are obliged to pay us twice the agreed price for each period or part thereof of use of or access to a Product after the expiry of the contract. Payment does not render the use after expiry of the notice period lawful, and all other claims of Tucan, including without limitation injunctive relief or exclusion from the use of Tucan products and services, apply independently of and in addition to the payment under this paragraph e).
6. These Terms apply accordingly to all changes and to the Products in the version as amended by the changes.

4.4. Payment Processing, Invoicing, Grant of Rights

1. You authorise Tucan and its third-party payment processors to charge and debit all amounts for orders placed by you and licences ordered by you, as described in these Terms or published by Tucan, including all applicable taxes, in accordance with the payment method specified in your account or agreed by individual agreement. If taxes other than (German) value added tax are levied on our services or Products, you are responsible for their payment and will indemnify Tucan against such taxes. You also remain solely responsible for the payment of taxes (such as sales or value added tax) in your country.
2. Direct debit authorisations are irrevocable for the duration of this contract. If you pay for your licences or orders with a credit card, Tucan or a payment processor commissioned by Tucan may obtain a pre-authorisation of your credit card account prior to your purchase in order to verify that the credit card is valid and has the necessary funds to cover your purchase. Any credit card fees incurred are to be borne by you.
3. Unless otherwise required by law, all invoices will be made available to you exclusively in digital form (e.g. as a PDF file by e-mail to the invoice e-mail address you have specified, or for retrieval in your customer account).
4. All invoices will, unless otherwise required by law, be made available to you exclusively in digital form (e.g. as PDF files by e-mail to the invoice e-mail address you have specified, or for retrieval by you in your customer account).
5. We reserve the right to block your access to our Platform or API if you have failed to pay any part of the remuneration due to us for more than 14 days or within 5 working days of receiving our payment reminder (by e-mail is sufficient). Once you have settled all outstanding claims, we will restore your access without delay, but no later than within three (3) working days after receipt of full payment in our account.
6. In addition to the remuneration due, we may charge your account or that of your organisation with all necessary fees or costs incurred in connection with a chargeback or the collection of an amount that is due but unpaid, including collection fees.
7. We may restrict, suspend or terminate your access to the Platform if you obtained access to the Platform via a third-party licensee and the licensee has failed to pay licence fees that are due.

4.5. Your Licences

1. Access to certain areas of the Platform may be tied to automatically recurring payments (“Licences”) or to a one-time payment (“One-Time Licence”). If you book one or more Licences, you authorise Tucan or our third-party payment processors to charge all amounts due on the payment due date for all Licences booked by you, on an ongoing and periodic basis until you cancel. If you book a One-Time Licence, you authorise Tucan or our third-party payment processors to charge all amounts due on the payment due date.
2. The “Billing Date” is the monthly or annually recurring calendar day on which you acquired your first Licence, or otherwise the due date on the invoice issued to you. When one or more Licences are booked, your account will automatically be charged on the Billing Date with all applicable licence fees and taxes for the next licence period, which, depending on the option agreed with us, may be one month or one year (hereinafter “Licence Period”). Unless otherwise agreed in the individual case, at the end of the Licence Period your Licence automatically renews for a further period equal to the selected Licence Period, unless you cancel your Licences or we cancel them.
3. If you book additional Licences during the Licence Period, you will be charged a pro rata licence fee for these Licences for the remainder of the current Licence Period. You must cancel your booked Licences before renewal in order to avoid your account being charged the next periodic licence fee. Tucan or our third-party payment processors will charge the periodic licence fee via the payment method you have selected. You can expand, change or cancel your Licences on the settings page of your Tucan account or by contacting us at team@tucan.ai.
4. If you book a One-Time Licence, the “Billing Date” is the calendar day of your booking. Your account will automatically be charged on the Billing Date with all applicable licence fees and taxes. In this case, your Licence does not renew automatically and no further charge will be made to your account by us, unless you book further Licences or One-Time Licences.

5. Your Rights

5.1. Scope of the Licence

Subject to your purchase of one or more Licences and your full and continued compliance with these Terms of Use, we grant you a strictly personal, worldwide, non-transferable, non-sublicensable, non-leasable, non-exclusive licence right, revocable by us, to use our services on the Platform to the extent set out in the individual agreement, and to use the Results generated by you via our services.

5.2. Licence Restrictions

1. You may not (a) reproduce, distribute, publicly display or publicly perform the Platform or the technologies behind it; (b) make changes to the Platform; (c) interfere with or circumvent any function of the Platform, including security or access control mechanisms; (d) access the Platform or use the service in violation of usage restrictions or other restrictions in connection with the scope of the licence you have acquired. If you are prohibited from using the Platform under applicable law, you may not use it. In addition, you may not violate the conduct guidelines under Section 7 of this contract.
2. From time to time, we may restrict your access to some or all parts of the Tucan Platform in order to fix errors or carry out a software update. We will make reasonable efforts to resolve problems and errors in the Tucan Platform as quickly as possible; however, we cannot guarantee that the processing of your data will be free of disruptions and errors.

5.4. Rights to the Platform

The Platform is owned and operated by Tucan Systeme GmbH & Co. KG (“Tucan”). All graphics, designs, information, data, computer code (including source code and all object code), products, software, services and all other elements of the Platform (“Components”) provided directly or indirectly by Tucan are protected by copyright and other laws and are the sole property of Tucan Systeme GmbH & Co. KG. All Components contained in the Platform are the sole property of Tucan or its third-party licensors. We reserve all rights to the Components that are not expressly granted to you in these Terms or in writing. You irrevocably undertake, for an unlimited period extending beyond the term of this agreement, not to engage in any activities that compete directly or indirectly with the services of Tucan Systeme GmbH & Co. KG, and not to support third parties in doing so in any form whatsoever.

6. Your Content

6.1. Rights to Content & Grant of Rights

1. You retain all ownership rights to all content that you upload to the Platform and that is processed by us (hereinafter collectively “Data“). You grant us a worldwide, non-exclusive, royalty-free right (with the right to grant sublicences) to host, store, transmit, display, perform, reproduce, modify, export, process, transcribe, transform and copy your Data, in whole or in part, exclusively for the purposes of fulfilling our contractual obligations towards you, operating our Platform and improving our services to you. You can delete your content from your account at any time. If agreed with you in the individual case, your Data may also be deleted automatically after the expiry of a period determined by you, provided that no statutory retention period prevents this. At the latest after the statutory retention period, content will be permanently deleted by us. After deletion, we will not retain any records of your deleted Data and the Data cannot be recreated by us.
2. You alone are responsible for your content, in particular for ensuring that the content, its processing on our Platform and its use do not violate any statutory provisions or give rise to claims by third parties. You are aware that the processing of your content is automated, and you also acknowledge that we have no obligation whatsoever to verify or review the content uploaded by you or your Authorised Users, in particular not with regard to its compliance with the law.
3. We will only access your content and/or Processed Content

1. if and to the extent necessary to identify and fix technical errors that are liable to jeopardise the availability of the Platform or our API, or
2. if you request us in writing (by e-mail is sufficient) to access your Data or Results (e.g. to review a Processed Content). Access to your Data and/or Processed Data is granted only in individual cases, in a logged procedure, to selected Tucan personnel bound by confidentiality and after approval by Tucan’s management;provided that nothing contained herein shall restrict or limit Tucan’s right and ability to perform the services and deliver the Products as agreed herein. In particular, without limiting the foregoing, we are entitled to create and retain access logs for billing, security and statistical purposes. Such access logs may contain data or metadata of API requests, such as the time of the API request and the size of the transmitted content.

6.2. Access to Your Content by Third Parties

We may enable you to share your content and the Processed Content, in whole or in part, with other users of the Platform as well as with third parties who do not use Tucan (hereinafter “Sharing Function“).

You acknowledge and agree that, although we provide you with this Sharing Function (for which you may or may not have to pay extra), you alone bear responsibility for the content you share. Tucan assumes no responsibility for any consequences and/or damages arising from your use of the Sharing Function; rather, you warrant to us that you hold all necessary rights to your content, and you will, upon our request, fully indemnify and hold us harmless against any claims by third parties in respect of your content, should such claims of whatever kind be asserted against us.

6.3. Grant of Rights to Authorised Users

By making content available via the Platform to other Authorised Users of the Platform or to third parties, you grant these users a non-exclusive right to access, use, modify and reproduce such content as permitted by these Terms of Use and the functionality of the Platform.

6.4 Feedback

If you decide to provide us with suggestions or proposals for improvements to the Platform (“Feedback”), you hereby grant Tucan an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to use the Feedback in any manner and for any purpose, including improving the service and creating new products and services. If we implement your suggestions in whole or in part, this does not give rise to any claim or right on your part, unless we agree otherwise in writing in advance.

6.5. Content Containing Voice Recordings of Third Parties

Among other things, Tucan offers you the option of uploading recorded conversations and transcribing them via the Platform. Depending on your location, the laws regarding your responsibility to inform recorded persons in advance of such a recording of the conversation vary. Please inform yourself in advance about the legal requirements of your location for recording conversations. You acknowledge and agree that you alone are responsible for notifying persons in connection with recordings in accordance with applicable laws, that you have a legal basis for the processing of personal data of meeting participants and for obtaining their consent, and you will indemnify and hold us harmless should third parties assert claims against us in respect of your content.

6.6. Disclaimer of Liability for Your Content

We disclaim any liability in connection with your content. You alone are responsible for your content and for the consequences of uploading your content to the Platform, and you will indemnify and hold us harmless should third parties assert claims against us in respect thereof. By uploading content to the Platform, you confirm and warrant that:

1. You are the creator and rights holder of the content or hold the necessary licences, rights, consents and permissions to upload content to Tucan and to grant Tucan the rights agreed in this agreement, in the manner provided for in these Terms of Use;
2. None of your content, through the use of the Platform as provided for in these Terms, (i) infringes or misappropriates the rights of third parties, in particular patent, trademark or copyright rights, trade secrets, the right to privacy and other intellectual property rights and personality rights; or (ii) slanders, defames or injures other persons; or (iii) causes Tucan, through your use or further processing thereof, to violate laws or regulations;
3. Your content is not insulting, defamatory, inflammatory, racist, pornographic, glorifying violence or war, discriminatory or otherwise unlawful or immoral, and does not refer or link to such content.
4. You accept that Tucan must reserve the right to refuse services or to delete files or texts in whole or in part if, in Tucan’s reasonable legal opinion, there is a risk that individual provisions of this agreement, in particular this Section 6.6, are not fully complied with, even if through no fault of your own. This therefore applies in particular in the event and for the duration of a disagreement between us as to whether this condition is met.

6.7 Duty to Review Your Content

We are not obliged to review or monitor content uploaded to the Platform by you or your Authorised Users and are in no way responsible or liable for content. However, Tucan may, at any time and without prior notice, search, remove, edit or block content that, in our sole discretion, violates these Terms.

If we are notified by a user or rights holder that content does not comply with these Terms, we may investigate the allegation and decide, at our sole discretion, whether to remove the content, and we reserve the right to do so at any time and without prior notice.

6.8. Marketing

Unless you object in writing, Tucan may use you as a reference and list you, together with other clients and customers that Tucan lists as references, as a customer of Tucan in marketing materials and promotional activities, without, however, ever disclosing details of the contract with you or your contact details.

7. Rules of Conduct for Using Our Services

You hereby agree to the following conduct guidelines for the use of the services. We also reserve the right to supplement or amend them. On Tucan, it is prohibited to:

1. upload or otherwise create unlawful or illegal content;
2. upload or create content that infringes the rights of third parties or induces anyone to do so (in particular patent, trademark or copyright rights, trade secrets, the right to privacy and other intellectual property rights and personality rights);
3. upload or create content if you are not the author of the content or do not have the express permission of the author;
4. upload or create content that is insulting, defamatory, inflammatory, racist, pornographic, glorifying violence or war, discriminatory or otherwise unlawful or immoral, or that refers or links to such content;
5. upload or distribute viruses, corrupted files or other harmful, destructive or disruptive files, code or links referring to such;
6. use our services in a manner, or take any other measures, that are liable to disrupt, impair or wholly or partially prevent the performance of our services, or use them in a manner that has other negative effects on the Platform or the user experience of other users;
7. jeopardise the ongoing operation or the security system of the Platform, or circumvent security rules, or even attempt to do so, or test the security system (hacking, bots);
8. develop or use, without our consent, a program that interacts with our services;
9. log in, or attempt to log in, under another person’s account without the consent of the account owner;
10. use the Platform, without our express written consent, for direct or indirect commercial purposes or as a component of a commercial product or service;
11. carry out fraudulent activities, including impersonating a natural or legal person, or stating or making credible a false company affiliation;
12. transfer, sell or otherwise make available to third parties the access or materials granted to you under this contract and these Terms without our express prior written consent (with the exception of approved uses, as agreed);
13. modify, adapt, translate or create derivative works from the SaaS platform, the underlying software or any associated documentation;
14. decompile, disassemble, reverse engineer or otherwise attempt to determine the source code, object code, underlying structure, ideas, algorithms or mechanisms of the Platform;
15. use the Platform or parts thereof to develop a competing product, a competing service or a similar offering;
16. circumvent or disable technical protection measures of the SaaS platform.

8. Copyright

8.1 Contact

1. Tucan complies with all applicable copyright laws and regulations, in particular the German Act on Copyright in the Information Society (Gesetz zur Regelung des Urheberrechts in der Informationsgesellschaft).
2. If you have a copyright-related complaint about uploaded content, please write to us immediately by e-mail at team@tucan.ai or by post atTucan Systeme GmbH & Co. KG Schützallee 7, 14169 Berlin, Germany

8.2. Procedure in the Event of Established Copyright Infringements

We will immediately delete all accounts of users associated with established copyright infringements and exclude them from further use of our Platform.

9. Term, Termination and Changes to the Services

9.1. Term

1. This contract is concluded when you accept these Terms and an offer submitted by us and/or an individual agreement that refers to these Terms.
2. The agreement is concluded for an indefinite period unless a fixed term has been agreed.
3. Subject to other terms agreed herein (in particular Articles 4.2 (b) and 4.3 (e) of this contract), if you have agreed a fixed term with us and continue to use some or all of our Products or services after the agreed expiry date, Tucan may, at its own discretion, declare by express written statement to you that the contract is thereby automatically extended into a contract of indefinite duration.

9.2. Termination

1. We naturally hope that you will use our services for a long time. However, subject to all other terms of the contract,

1. if the contract is concluded for an indefinite period, both you and we may terminate the contract in writing with 30 days’ notice to the end of any calendar month; and
2. if the contract was concluded for a fixed term or a trial period and no specific agreement on termination has been made, termination before the end of the agreed fixed term is not permitted (and any attempt to terminate before that date is ineffective).

2. The right to terminate without notice for good cause, which cannot be effectively excluded by law, remains reserved to each contracting party.
3. To be effective, you must notify us of the termination by contacting us at team@tucan.ai and informing us of (i) the termination and (ii) the effective date of termination on which you are terminating.If you terminate for good cause, you must state the full reason for termination; otherwise you do not need to state any reasons for termination in your notice.

   If any of these elements of the notice is missing or the termination otherwise does not correspond to what has been agreed with regard to termination, it is ineffective and deemed not to have occurred. A termination that is not received in due time but is otherwise formally correct takes effect on the next ordinary termination date (last day of the next Licence Period) without any further declaration by either party being required.

4. We are entitled to terminate this contract (i) at any time for good cause with immediate effect, e.g. if you breach this contract or the law, or (ii) also without good cause, in which case our termination takes effect at the end of the Licence Period in which the termination is received by you (by e-mail to the administrator e-mail address stored in the system). We will try to inform you in advance, but cannot guarantee this. If you breach any provision of these Terms, your right to access the Platform and use our services expires immediately and automatically in any case.

9.3. Consequences of Termination

Termination of this contract means that we may discontinue or restrict our services to you. After termination, Tucan has no particular obligations towards you, unless we have agreed otherwise with you in the individual case.

In the event of termination (by whomever), (i) your licence right ends and you must cease using the Platform on the termination date or, where applicable, immediately, (ii) you are no longer entitled to access your account, (iii) you must pay Tucan all unpaid amounts due prior to termination, and (iv) all relevant contractual provisions and contractual obligations, including but not limited to payment obligations arising prior to termination and Sections 4, 5, 6, 10, 11, 12 and 15 of this agreement, survive and remain in force.

9.4. Changes to These Terms of Use

We are entitled to amend or supplement these Terms of Use in compliance with the applicable regulations.

10. Warranty

1. Tucan’s services are offered to you subject to availability. We endeavour to maintain the proper functioning and availability of the services at all times, but cannot guarantee or warrant this.
2. In particular, we cannot warrant that our services(i) are free of viruses,

   (ii) function without delay, other disruptions and errors,

   (iii) are secure and work well on all devices; or

   (iv) are suitable for a particular purpose for you.

3. You are aware that the Results generated via our Platform are the results of machine processing of your content. We can therefore neither ensure nor guarantee the correctness or accuracy of the analyses, system responses, displayed sources and the Processed Content. In particular, we assume no guarantee for the correctness of the results produced by automated processing. It is your responsibility to review the Results.
4. It is your responsibility to install the necessary security measures, such as a modern firewall, on your devices in order to protect yourself and your data.
5. In particular, we also assume no warranty for loss of data.

11. Limitation of Liability

1. We are liable, irrespective of the legal basis, only for damages you suffer that are caused by gross negligence or intent, as well as for damages incurred by you as a result of a breach of a material contractual obligation (cardinal obligation), in which case, however, liability is limited to the damage typical for the contract and reasonably foreseeable at the time of conclusion of the contract. Cardinal obligations are obligations that are necessary for the proper performance of this contract and on which you, as the contracting party, may regularly rely.
2. Under no circumstances are we liable for (i) pure financial losses; (ii) lack of commercial success; (iii) lost profits; (iv) consequential damages; or (v) damages of third parties.
3. In any event, all claims against us, our employees, representatives, executives and vicarious agents arising from or in connection with this contract are limited in aggregate to the lower of either (i) ten times the fees paid by you for the Products under this contract or (ii) an amount of EUR 500,000 (in words: five hundred thousand euros).
4. These limitations of liability also apply accordingly to the personal liability of Tucan’s employees, representatives and vicarious agents, insofar as such liability should exist.

12. Indemnification

12.1. Indemnification

You agree to indemnify, compensate and defend Tucan and all of its partners, representatives and employees against all claims, damages, obligations, losses, liabilities, costs and expenses (including legal fees) that

(i) have arisen in any connection with your use of Tucan’s services;

(ii) have arisen from a breach of any of your obligations under this contract.

12.2. Hold Harmless

You agree to hold Tucan and all of its partners, representatives and employees harmless in respect of copyright infringements and other infringements of third-party rights arising from your use of our services.

12.3. Obligation After Termination of the Contract

Even after termination of this contract or of your use of Tucan, the indemnification obligations towards Tucan under these Terms remain in force for an indefinite period.

13. Data Protection

The protection of your data is very important to us. You can read all information about how we handle your data at any time in our privacy policy (www.tucan.ai/datenschutz).

14. Assignment and Performance by Vicarious Agents

1. We are entitled to transfer our rights and services, or parts thereof, to third parties without having to notify you or obtain your consent. As a rule, however, we will inform you in advance, and should you object for valid reasons, we will not carry out the assignment and transfer, provided that we are entitled to terminate the contract early if we decide to do so at your request.
2. We are entitled to commission third parties, in whole or in part, with the performance of some or all of our contractual obligations towards you. If third parties process your data, we must inform you thereof or obtain your express written consent (by e-mail is sufficient). Please note the data processing agreements agreed with you in each case.

15. Terms and Conditions, Set-Off, Governing Law and Collateral Agreements

1. Your general terms and conditions do not become part of the agreement unless we have expressly agreed to them in writing.
2. You may only set off against our claims or assert a right of retention if your counterclaim is undisputed, has been finally established by a court and stands in a reciprocal relationship to the claim in question.
3. Should individual provisions of this contract be wholly or partially invalid, or become invalid as a result of a change in the law or through supreme court case law, the remainder of the contract remains valid.In such a case, the invalid provision is deemed to be replaced by a provision that comes economically closest to the invalid provision and to the intention of the parties at the time of conclusion of the contract, as reflected in the wording of this contract, but is valid and enforceable.
4. There are no oral collateral agreements to this contract, and all prior agreements of the parties relating to the subject matter of this contract are superseded by this contract. Amendments to this contract must be made in writing and signed by you and us, unless otherwise provided in these Terms. This also applies to any amendment of this written form requirement.
5. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the court with jurisdiction over commercial matters in Berlin. It is agreed that German law applies exclusively (however, excluding (i) the conflict-of-law rules referring to other laws and (ii) the UN Convention on Contracts for the International Sale of Goods).

16. Contact

We welcome comments, feedback, questions or concerns at any time. You are welcome to contact us by sending an e-mail to team@tucan.ai.

Declarations to you are sent to the administrator e-mail address you have provided; declarations to us are sent to the following address: team@tucan.ai, and are deemed to have been delivered on the day of dispatch.

Berlin, 1 September 2025

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Language Precedence

This English version of the Terms of Use is provided for convenience only. In the event of any discrepancy, contradiction or difference in interpretation between this English version and the German version, the German version shall prevail and shall be the sole binding version.

Diese englische Fassung der Nutzungsbedingungen dient nur der Information. Im Falle von Widersprüchen oder Abweichungen zwischen der englischen und der deutschen Fassung ist die deutsche Fassung maßgeblich und allein verbindlich.

Berlin, 12 September 2025