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End User License Agreement (EULA)

English Translation of the German original. The original prevails in case of doubt.

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Terms of use (End User License Agreement, EULA)

By clicking on the "Agree" button and/or downloading, installing or using the

"Paperchill" app (hereinafter: "App"), a contract is concluded between you (hereinafter: "Licensee") and us, Knowlix GmbH, Bahnhofstraße 17, 82327 Tutzing, Germany, e-mail: info@paperchill.com (hereinafter: "Licensor"), for the use of the App under the following terms and conditions ("Contract").

The app is an application that organizes your shared local files, images and emails (hereinafter: documents), regardless of how you have digitized them. This means you have all your information clearly organized in just one app, with a full-text search. PaperChill creates copies of your documents and saves them on your device or in your iCloud if you have activated iCloud and have enough storage space there.

The app attempts to categorize (tag) documents automatically. The categorization is based on statistical methods and may therefore be incorrect. The categorization can be corrected manually. Your Paperchill exists permanently only locally on your end device. The intelligent assistant tries to provide the user with the best possible support for all possible bureaucratic processes. Errors can occur at any time. Errors can be caused, for example, by incorrect classification of documents, incorrect recognition of the document date, incorrect reading of data from a document or incorrect compilation of document data. For example, the app helps you to compile the documents you need for your tax return, but does not act as a tax advisor or prepare a correct tax return. The PaperChill Assistant is also not a financial advisor, property manager or other specialist. The user is responsible for the accuracy of all information.

You can delete the app at any time if you wish. Documents saved in the iCloud will be retained, other PaperChill documents will also be deleted when you delete the app. You can find a detailed description of the app's functions at www.Paperchill.com/.

1. provision, technical system requirements

  • 1.1 The Licensor shall make the App available to the Licensee in the latest version in the Apple App Store. Delays in the provision of the software by the App Store are outside the Licensor's area of responsibility and therefore do not justify any claims by the Licensee against the Licensor or a right of the Licensee to terminate the contract.

  • 1.2 The Licensor is entitled to adapt the App to current technical developments, in particular with regard to new functions and to close security gaps, due to changes in the law, changes in jurisdiction or changes in the economic circumstances of the Licensor and, within this framework, to change the technical features and functionalities of the App and to make updates and upgrades to the App.

  • 1.3 The minimum system requirements for operating the app are available at https://www.paperchill.com/minimum-requirements. The licensee is responsible for checking and ensuring the suitability of the end device intended for the installation of the app with regard to the aforementioned technical requirements. Please note that the number of documents that can realistically be processed and managed on your device varies with the performance of your devices. The latest Macs with SSD can currently manage up to approx. 10,000 documents. Other devices correspondingly less.

2. rights of use

  • 2.1 All rights to the App - with the exception of the rights of use granted by these Terms of Use - are the exclusive property of the Licensor and its respective licensors. The app and the rights to it are protected by copyright law and international agreements on the protection of intellectual property.

  • 2.2 The Licensor grants the Licensee the non-exclusive, non-transferable right, limited in time and in part for a fee for the term of the Agreement, to install the App within the scope of its respective availability and to the extent made available by the Licensor in each case on an Apple end device supported by the App, i.e. iPhone, iPad or Mac, which is owned by the Licensor or is lawfully subject to the Licensor's power of disposal, and to use it exclusively in accordance with these Terms of Use.

  • 2.3 The licensee is granted the right to reproduce the app provided, insofar as the respective reproduction is necessary for the use of the app by the licensee (e.g. downloading, installing the app on the end device, loading the app). The Licensor may make a copy of the App for backup purposes, provided that the end device on which the backup copy is stored is owned by or under the exclusive power of disposal of the Licensee. The Licensee is obliged to take suitable precautions to prevent unauthorized access to the backup copy and the App by third parties.

  • 2.4 The licensee may only make modifications to the app, in particular changes and extensions, insofar as this is expressly permitted by mandatory law or has been contractually agreed with the licensor in advance. The licensee is not entitled to reengineer the software or to use it for any purpose other than the contractual use of the app. The mandatory provisions of § 69d, 69e UrhG remain unaffected by this.

Copyright notices, serial numbers, version numbers, trademarks or other identification features of the app may not be changed or removed by the licensee under any circumstances. The same applies to the suppression of the screen display of such features.

  • 2.5 The above terms and conditions also apply to all updates/upgrades and program supplements for the App provided to you by the Licensor, unless these are the subject of a separate agreement. In this case, the terms and conditions of the respective update/upgrade or program supplement shall apply exclusively.

  • 2.6 To ensure the functionality of the App and the integrity of the local files released by the Licensee, the Licensor shall create a copy of these files on the Licensee's end device and shall only store the information required to organize the files on this copy.

In order to continuously improve the functionalities of the app, the Licensor will generate random gradients from this information in a mathematical process and use them for machine learning. Neither personal data of the licensee will be processed nor will the local files released by the licensee be used in their perceptible form. If the licensee also uses the so-called "Assistant" with the extended functionalities, the history of search queries, the answers of the model and documents processed in the cloud to solve complex tasks of the user, which the licensee has released, can be used to improve an Al model and to prioritize new functions. For this purpose and to this extent, the licensee grants the necessary, geographically unrestricted, transferable rights of use until the respective documents are deleted right to deletion) by the licensee.

If documents that the licensee has released or search histories are anonymized by the licensor and irreversibly separated from the identity of the licensee, the licensee also grants the licensor the right to use these documents released by the licensee for an unlimited period of time. The right to use the anonymized documents shall not expire upon deletion of the respective source document.

The rights to the app remain unaffected by this.

2.7 All other rights are reserved by the Licensor.

3. remuneration

Installation of the app is free of charge. The right of termination in accordance with section 8 remains unaffected.

Additional functionalities can be added for an extra charge. These include, for example, the automatic capture of documents from e-mails and the user's photo library. Knowlix GmbH incurs considerable costs when using the Paper Chill backend. For this reason, there are usage limits above which the use of the backend can be throttled or blocked for individual users. The quotas for the free version are:

20 pages per month and 40 general chat questions. For users of the paid version

"Private Secretary" with a monthly subscription: 400 pages per month and 200 general chat requests. For users of the paid version "Private Secretary" with an annual subscription: 4800 pages per year and 2400 general chat requests. The tolerated exceeding of quotas by Knowlix GmbH in one or more periods is not transferable to future periods.

4. data protection

The Licensor collects, processes and uses the Licensee's personal data in accordance with and in compliance with the data protection information available at https://www.Paperchill.com/en/datenschutz .

5 Warranty, liability

Any warranty claims due to material defects and defects of title of the app can only arise in the relationship between the licensor and the licensee and are determined according to the following conditions.

5.1 If the app is provided free of charge:

The Licensor shall only be liable for material defects and defects of title, regardless of the legal grounds, insofar as the Licensor has fraudulently concealed the respective material defect or defect of title. Otherwise, the Licensor, its legal representatives and vicarious agents shall only be liable for compensation for any damage incurred due to the free provision of the app in the event of intentional or grossly negligent misconduct. Claims under the Product Liability Act remain unaffected.

5.2 If the app is provided for a fee:

  • 5.2.1 The Licensor warrants that the App is in the objectively and subjectively contractually compliant condition at the time it is made available and that no third-party rights prevent its use by the Licensee to the contractually agreed extent in the country in which the App was first acquired. After one year from the date of provision of the app, this shall only apply if the licensee proves that the app was not in the contractual condition at the time of provision.

  • 5.2.2 The Licensor shall provide information about updates to the App on its website, accessible at www.Paperchill.com/, and make these available for download from the Apple App Store. The Licensee is free to download and install the respective update. If the Licensee does not install the updates provided by the Licensor, the Licensor shall not be liable for any deviations from the contractual condition of the App that are attributable to the absence of the corresponding update. 

  • 5.2.3 If the Licensee is entitled to a refund of the usage fee for the App, this must be asserted against the operator of the Apple App Store. The Licensee shall have no further claims against the respective operator of the App Store, in particular claims for damages due to defects.

  • 5.2.4 Subject to the provision in Section 5.2.5, the Licensor shall be liable without limitation, including for its legal representatives and vicarious agents, only in the event of (i) intent or gross negligence, (ii) injury to life, limb or health, iii to the extent of a guarantee assumed by it and (iv) under the Product Liability Act.

  • 5.2.5 The Licensor's liability for slightly negligently breached obligations that are essential for achieving the purpose of the contract and on the achievement of which the Licensee regularly relies and may rely is limited to the amount of damage that is foreseeable and typical for the type of transaction. In all other cases, the Licensor shall not be liable, with the exception of the cases specified in Clause 5.2.4.

6. Third-party services (e.g. Anthropic PBC, Google Mail, Microsoft Exchange, etc.)

6.1 The App allows the Licensee to connect to various third party data sources through which the Licensee can access third party websites, apps or other products or services ("Third Party Services") (see also Sections 8 and 9). The Licensor has no control over the Third Party Services and, accordingly, the Licensor is not responsible for the actions of such Third Party Services and assumes no liability in connection with such Third Party Services. The agreements with any such third party data source providers are solely between Licensee and the applicable third party data source provider and may be subject to additional terms of use or agreements applicable to such third party data source providers. Licensee agrees that it is solely responsible for and authorized to import data from such third party data sources. There is no supervision, control or assumption of liability by the Licensor in connection with data that the Licensee imports from third party data sources and the Licensor is not responsible for its quality, accuracy, nature and/or management. The Licensee agrees that it is solely responsible for all content that it creates, transmits, shares or displays based on the data that it imports using the App.

6.2When

using the services of third-party providers, the respective terms of use

of the third-party provider shall apply in relation to the Licensee, in particular

  • Large Language Model Anthropic by Anthropic, PBC:
https://www.anthropic.com/legal/commercial-terms; https://www.anthropic.com/legal/consumer-terms;
https://www.anthropic.com/legal/aup;

  • Auth 2.0 for accessing Google AP|s: https://developers.google.com/terms;

  • Microsoft Exchange API Auth: https:/learn.microsoft.com/en-us/legal/microsoft-apis/terms-of-use.

7. revocation instruction

If the licensee is a consumer, he is entitled to a statutory right of withdrawal in accordance with the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

Right of withdrawal

The licensee has the right to revoke the contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the date of conclusion of the contract.

In order to exercise the right of withdrawal, the licensee must inform the licensor, Knowlix GmbH, Bahnhofstraße 17, 82327 Tutzing, e-mail: info@paperchill.com by means of a clear statement (e.g. a letter sent by post or an e-mail) of his decision to withdraw from the contract. The licensee may use the attached model withdrawal form for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

Consequences of revocation

If the Licensee withdraws from the contract, the Licensor shall reimburse any payments made, including delivery costs (with the exception of additional costs reliving offere the act has ate see ell motediatay the at ta latest withi

fourteen days trom the day on which the Licensor receives notification of the withdrawal from the contract. For this repayment, we will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise with the licensee; in no case will fees be charged for this repayment.

Note

The right of revocation expires in the case of a contract for the delivery of digital content not contained on a physical data carrier if the licensor has begun to execute the contract after the licensee has expressly agreed that the licensor may begin to execute the contract before the expiry of the revocation period and has confirmed that he is aware that the licensee loses his right of revocation by agreeing to the commencement of the execution of the contract.

Sample withdrawal form

(If the contract is to be revoked, the licensee can complete and return this form).

To the Knowlix GmbH,

Bahnhofstrasse 17

82327 Tutzing

E-mail: info@paperchill.com

  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*/the provision of the following service (*)

â—¦Ordered on (*)/received on (*)

â—¦Name of the consumers)

â—¦Address of the consumers)

  • Signature of the consumers) (only for notification on paper)

â—¦Date

(*) Delete as appropriate.

8. special provisions in relation to Apple, Inc. ("Apple")

To implement the Minimum Terms of Developer's End-User License Agreement required by Apple, the following regulations also apply:

8.1 These Terms of Use are agreed between the Licensor and the Licensee and not with Apple as the operator of the App Store. Apple is not obliged to provide support services, rectification of material defects or defects of title or other services for the app on the basis of these Terms of Use.

  • 8.2 If the App was downloaded from the App Store operated by Apple, the contract concluded with the Licensor on the basis of these Terms of Use shall also benefit the operator of the App Store, who shall be entitled to assert claims against the Licensee under this contract (genuine contract for the benefit of third parties).

  • 8.3 The Licensee undertakes - subject to conflicting provisions of national or EU law

- not to use the App if it is resident in a country that is subject to a U.S. government embargo or that has been classified by the U.S. government as a country that

"promotes terrorism" or that is on a U.S. government list of export bans or restrictions, or if it is itself on a list of persons with whom business is restricted or prohibited, unless prior approval has been obtained from the competent authority.

The same applies to any export restrictions imposed by the Federal Republic of Germany and the EU.

8.4 All questions, complaints or claims by the Licensee regarding the App and its use should be directed to the Licensor using the contact details set out in the preamble to these Terms. The Licensor, and not Apple, is solely responsible for reviewing and processing such claims.

If product liability claims or claims due to a violation of applicable legal (in particular consumer protection or data protection law) or regulatory requirements are asserted against Apple by the App, the Licensor shall indemnify Apple against any existing claims.

If claims are asserted against Apple due to an infringement of third-party rights by the App, the Licensor shall assume responsibility for the examination and - depending on the circumstances of the individual case - the fulfillment, defense or amicable settlement of such a claim.

8.5 The Licensee undertakes to comply with any applicable contractual terms and conditions of third parties when using the App, insofar as it has been made aware of these and could reasonably have been aware of their content.

9. special provisions in relation to Anthropic PBC ("Anthropic")

If the licensee decides to use the additional functions of the Large Language Model Anthropic when using the app (opt-in), the following provisions also apply:

8. 1With regard to the use of the Anthropic Large Language Model, the Acceptable Use Policy (AUP) available

at https://www.anthropic.com/legal/aup must be

observed, in particular the Universal Usage Standards and the High-Risk Use Case Requirements, for example for the areas of law, health, finance and insurance.

  • The Licensor further advises the Licensee that no reliance should be placed on statements of fact in Outputs without independently verifying their accuracy, as they may be incorrect, incomplete or misleading or may not correspond to current events or information.

  • Licensee shall not and shall not attempt to (a) access Anthropic's Services to develop a competing service; (b) reverse engineer or duplicate the Services; or (c) assist a third party's attempt to engage in any of the conduct restricted in this sentence.

8.4n all other respects, the provisions of Section 6 shall apply.

10 Contract term and termination

The contract is concluded for an indefinite period. It can be terminated by either party at any time. The right to terminate without notice for good cause remains unaffected.

11. final provisions

The law of the Federal Republic of Germany shall apply to the contract. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the licensee is a consumer and has his habitual residence in a country other than the Federal Republic of Germany, the mandatory provisions of the law of that country, which may not be deviated from by agreement, shall remain unaffected.

If the Licensee is a merchant, a legal entity under public law, a special fund under public law or an entrepreneur (§ 14 BGB) with its registered office outside Germany or if a Licensee moves its place of residence or habitual abode to a location outside Germany after conclusion of the contract, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Munich, Germany.

License notes:

The app also contains components that are subject to the following third-party license agreements:

libEtPan! - a mail stuff libraryCopyright (C) 2001 - 2005 - DINH Viet Hoa All rights reserved redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

  • redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

  • neither the name of the libEtPan! project nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE AUTHORS AND CONTRIBUTORS ''AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

https://github.com/airbnb/lottie-spm

Copyright 2018 Airbnb, Inc.

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.

You may obtain a copy of the License at

https://www.apache.org/licenses/LICENSE-2. 0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and limitations under the License.

August 2024

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