Terms and conditions (Allgemeine Geschäftsbedingungen)

§ 1 Subject matter

These terms govern the provision of the OCTOVO software and the associated thinking capacity (“quota”, „Kontingent“) by TCB GmbH to consumers and businesses. OCTOVO is a program the customer installs on their own devices, where it works on their emails, files, appointments and connected channels. Deviating terms of the customer apply only if we agree to them in writing.

§ 2 Trial phase and conclusion of contract

Every paid contract is preceded by a free trial phase of 14 days. It begins with the first sign-in in the program, requires no payment details and does not roll over into a paid subscription by itself. During the trial phase all capabilities are open; the included thinking capacity is limited to around 200 tasks and 2 devices. After expiry, the installation switches to the free read-only mode described in § 5 for as long as you do not choose a plan. No obligation to pay and no obligation to cancel arises.

The presentation on the website is not an offer but an invitation to place an order. By clicking „zahlungspflichtig bestellen“ (order with an obligation to pay) you make an offer; the contract comes into being with our confirmation by email or with activation. The contract text is stored and can be retrieved in your account.

§ 2a Consents when creating the account

When creating the account you agree to four things individually: these terms, the data processing agreement, the sending of emails about your contract and the AI liability notice. You also confirm that you have read the privacy policy. No checkbox is pre-ticked; if one is missing, no account is created, and we tell you which one is missing.

Emails about your contract are invoices, outage reports, maintenance announcements, changes to these terms and security notices. They belong to the contract and cannot be unsubscribed from while it runs. Advertising is expressly not meant by this: It is voluntary, requires its own confirmation by email and can be withdrawn at any time with one click — without logging in, effective immediately and without disadvantages for you.

For each consent we record the time, the wording and a version stamp derived from the text, so that it remains provable which text you agreed to. What is stored about this is set out in the privacy policy; you can view it in your account.

§ 3 Right of use

For the term you receive a simple, non-exclusive, non-transferable right to use OCTOVO on the number of simultaneously active devices stated in the plan. Prohibited are: passing the credentials on to third parties, circumventing the licence check, reverse engineering beyond the legally permitted limits (§ 69e UrhG remains unaffected) and use for unlawful purposes.

§ 4 Quota and add-on packages

Every plan includes a monthly quota of thinking capacity, which can be viewed in the program at any time. Two things must be distinguished here:

• The quota included in the plan belongs to the respective billing period. What you do not use within it is not carried over into the next period.
• Separately paid add-on packages do not expire at the end of the month. They remain with your account until they are used up, and are drawn on only once the included quota of the current period is exhausted.

If both are used up, OCTOVO keeps working at a reduced performance level („Sparmodus“, economy mode). Automatic top-ups happen only if you switch them on, and only up to the monthly cap you set yourself. You are notified of every top-up without delay.

§ 5 Term and termination

Depending on your choice, the contract runs monthly or yearly and renews for the same duration unless it is cancelled by the end of the current period. Cancellation is possible at any time in the customer portal with one click (§ 312k BGB). After the contract ends, all data remains on your device; OCTOVO switches to a permanently free read-only mode in which it carries out nothing new.

§ 6 Prices and payment

The prices stated at the time of ordering apply, including statutory VAT. Payment is made via Stripe. We announce price changes for running contracts at least six weeks in advance in text form; you can object and cancel before they take effect.

§ 7 Availability

OCTOVO works on your device and can be used there independently of us. For the thinking capacity via our server we aim for an availability of 99 percent as an annual average, excluding announced maintenance windows and outages at upstream providers. If the thinking capacity fails, OCTOVO automatically catches up on due orders.

§ 8 Obligations of the customer

You are responsible for being allowed to use the connected accounts (mailboxes, calendars, social networks) and for complying with their terms in doing so. You remain the sender of all messages OCTOVO sends in your name. You back up your data yourself; OCTOVO supports you in this with version history, trash and export.

§ 9 Limits of the service

OCTOVO provides no legal, tax or medical advice. It uses AI models that can make mistakes; that is why everything outgoing requires approval by default. If you switch approval off, you bear the responsibility for the messages then sent autonomously.

§ 10 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body and health, and under the Produkthaftungsgesetz (Product Liability Act). For simple negligence we are liable only for the breach of a material contractual obligation and limited to the foreseeable damage typical of the contract. Any further liability is excluded. For consumers, the statutory warranty rights, in particular §§ 327 ff. BGB for digital products, remain unchanged.

§ 11 Changes to these terms

We communicate changes in text form at least six weeks before they take effect. If you do not object before they take effect, they are deemed accepted; we point out this effect separately in the notification. For consumers this applies only to changes that are reasonable and not materially to your disadvantage.

§ 12 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods; for consumers, mandatory provisions of their state of residence remain unaffected. The place of jurisdiction is Straubing if you are a merchant (Kaufmann), a legal person under public law or a special fund under public law. Should a provision be invalid, the remainder of the contract remains valid.