Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "Terms") apply to all contracts between Sören Heinzmann (hereinafter "Provider") and the user (hereinafter "Customer") regarding the use of the Bygmind app and related services.

(2) Deviating, conflicting, or supplementary terms of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity.

§ 2 Subject Matter

(1) The Provider provides the Customer with a mobile application for on-site documentation and AI-powered document creation ("Bygmind App"). The app serves all industries where on-site documentation is required — including construction, energy, real estate, insurance, inspection, and consulting.

(2) The Bygmind App comprises two tiers:

a) Offline features (free, no account required):

• Photo capture with annotation directly in the image
• Audio recordings with on-device offline transcription
• Automatic speaker identification
• Video recording
• Unlimited projects
• Full offline functionality — no internet connection required
• No registration or sign-up required

All data is stored and processed exclusively on the Customer's device. No data is transmitted to the Provider's servers.

b) AI Agent features (requires external AI provider):

• AI-powered creation of reports, proposals, assessments, and other documents
• Intelligent analysis and recommendations
• Export and sharing of generated documents

For the AI Agent features, the Customer connects their own AI provider (e.g., via an API key). Data processing occurs directly between the Customer's device and their chosen AI provider. The Provider of Bygmind has no access to this data and does not act as an intermediary.

c) Bygmind Cloud (optional):

The Provider offers an optional Bygmind account with cloud synchronization, team features, and Bygmind-hosted AI ("Bygmind Cloud"). Registration is required for Bygmind Cloud. When using Bygmind Cloud, data is transferred to the Provider's servers located in Germany, subject to European data protection standards. Details are set out in a supplementary agreement.

§ 3 Use Without Registration

(1) The offline features and AI Agent features (with the Customer's own AI provider) are available without registration and without a Bygmind account.

(2) If the Customer registers for Bygmind Cloud, they are obliged to provide truthful and complete information and to keep it up to date. The Customer is responsible for keeping their login credentials confidential.

§ 4 Prices and Payment Terms

(1) The Bygmind App is free. There are no fees for the offline features or the AI Agent features.

(2) For the AI Agent features, the Customer bears the costs of their chosen AI provider directly. These costs arise in the contractual relationship between the Customer and their AI provider, not with the Provider of Bygmind.

(3) For paid features (e.g., Bygmind Cloud), prices and payment terms are communicated separately and require the Customer's explicit consent.

§ 5 Rights of Use and Obligations

(1) The Provider grants the Customer a simple, non-transferable right to use the Bygmind App.

(2) The Customer may only use the app for lawful purposes.

(3) The following is prohibited:

• Decompiling, disassembling, or reverse engineering the app
• Use for unlawful purposes
• Circumventing technical protection measures

§ 6 Data Protection and Data Processing

(1) The Provider processes personal data in accordance with the Privacy Policy and applicable data protection laws, in particular the GDPR.

(2) When using the offline features and on-device transcription, no data is transmitted to the Provider's servers. All processing occurs locally on the Customer's device.

(3) When using the AI Agent features, data is transmitted directly to the Customer's chosen AI provider. The Provider of Bygmind has no access to this data. The AI provider's own privacy policy applies. The Customer is responsible for selecting an appropriate AI provider.

(4) When using Bygmind Cloud, data is transferred to the Provider's servers in Germany and is subject to European data protection standards. Details are set out in the Privacy Policy.

§ 7 Availability

(1) The offline features of the Bygmind App are available at all times regardless of internet connection.

(2) The AI Agent features require an internet connection to the Customer's chosen AI provider. Availability depends on the respective AI provider.

(3) For Bygmind Cloud, the Provider strives for high availability but cannot guarantee uninterrupted service.

§ 8 Liability

(1) The Provider is fully liable for intent and gross negligence as well as for injury to life, body, or health.

(2) In cases of slight negligence, the Provider is only liable for breach of material contractual obligations (cardinal obligations). Liability in this case is limited to foreseeable, typically occurring damage.

(3) Liability for the accuracy of automatically generated content is excluded. This includes in particular transcriptions of voice recordings as well as AI-generated documents such as reports, proposals, and assessments. All automatically generated content constitutes drafts that the Customer must independently review before use.

(4) The Provider assumes no liability for the services of the Customer's chosen AI provider.

§ 9 Termination

(1) Use of the free Bygmind App may be terminated at any time by uninstalling the app. No notice of termination is required.

(2) Paid features may be terminated in accordance with the applicable terms.

(3) The right to extraordinary termination for good cause remains unaffected.

§ 10 Amendments to Terms

(1) The Provider reserves the right to amend these Terms with effect for the future, in particular upon introduction of new features or changes to existing services.

(2) Changes will be communicated to the Customer in an appropriate manner. For material changes, the Customer will be notified at least 30 days before they take effect.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the Provider's place of residence.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.