Terms & Conditions

Last updated: June 2026

§ 1 Scope

  1. These General Terms and Conditions ("Terms") govern all contracts for the use of the NegoAnalyzer® software-as-a-service platform ("Service") between Andreas Goßen ("Provider") and the customer ("User").
  2. The Service is directed exclusively at businesses, freelancers and other commercial entities within the meaning of § 14 of the German Civil Code (BGB), as well as public law entities. Consumers within the meaning of § 13 BGB may only use the Service where expressly permitted by the Provider on a case-by-case basis.
  3. Any terms and conditions of the User that conflict with or deviate from these Terms shall not become part of the contract unless the Provider has expressly agreed to them in writing.
  4. These Terms shall also apply to all future business relations with the User without the need for renewed reference.

§ 2 Contracting Parties and Contract Formation

  1. Provider: Andreas Goßen, Cologne, Germany, kontakt@andreasgossen.de (also referred to as "we" or "us").
  2. A contract is formed when the User subscribes to a plan via the platform or an order form provided by the Provider, and the Provider accepts the order by activating access or by written confirmation.
  3. The Provider may decline a registration request without stating reasons.
  4. Users must provide accurate and complete information at registration and must update it promptly in the event of changes. Login credentials are confidential and must not be shared with third parties.
  5. Each User may only maintain one account. Shared use of a single account by multiple individuals is permitted only within team subscriptions with an explicitly agreed user count.

§ 3 Service Description

  1. NegoAnalyzer® is a cloud-based AI platform for the preparation, analysis, simulation and execution of negotiations. Core functionality includes: AI-powered document analysis, negotiation simulations using speech-to-speech technology, real-time market research, and the generation of negotiation playbooks.
  2. The specific scope of services owed is determined by the service description of the applicable subscription tier (Starter, Professional, Enterprise) in effect at the time of contract formation, available at negoanalyzer.ai/pricing.
  3. The Provider delivers the Service as software-as-a-service. The User has no entitlement to receive the software for installation on their own systems, unless an on-premise option has been expressly agreed.
  4. AI-generated content, analyses, recommendations and simulation results do not constitute and do not replace legal, tax, financial or other professional advice. The User is solely responsible for all decisions made on the basis of the Service.
  5. The Provider is entitled to engage third parties (subcontractors, cloud infrastructure providers) to deliver the Service, provided that this is consistent with the protection standards set out in these Terms and the applicable data protection provisions.

§ 4 Right of Use and License

  1. The Provider grants the User, for the duration of the contract, a non-exclusive, non-transferable right, limited to the agreed scope, to access and use the Service via the internet.
  2. The license is granted solely for the User's internal use and - in the case of team subscriptions - for use by the agreed number of authorized users within the same organization. Sharing login credentials with parties outside the organization is prohibited.
  3. The User is not permitted to: rent, lease or sublicense the Service; copy, modify, decompile or reverse engineer the Service or any part thereof; use the Service for the benefit of a competing negotiation software provider; use the Service to process third-party data without their explicit consent.
  4. The User may use AI-generated outputs (analyses, playbooks, simulation transcripts) for their own internal business purposes. Commercial exploitation or redistribution as a standalone product is not permitted.

§ 5 User Obligations and Acceptable Use

  1. The User agrees to use the Service exclusively for lawful purposes and in accordance with these Terms.
  2. Prohibited uses: The User must not use the Service to: prepare or conduct unlawful, deceptive, discriminatory or fraudulent negotiation practices; harm, deceive or improperly manipulate third parties; upload personal data of third parties without a lawful basis; overload, impair or attack the platform or its infrastructure; conduct automated mass access or scraping activities.
  3. The User is responsible for all content (documents, data, texts) uploaded to the platform. The User ensures that they hold the necessary rights to such content and that no third-party rights are infringed.
  4. In the event of violations of these acceptable use provisions, the Provider is entitled to suspend access to the Service immediately or to terminate the contract for cause.

§ 6 Fees and Payment

  1. Fees are determined by the price list in effect at the time of order. All prices are exclusive of applicable VAT.
  2. Monthly subscriptions are payable monthly in advance; annual subscriptions are payable annually in advance. Payment is accepted by credit card, SEPA direct debit, or invoice (Enterprise plan, by arrangement).
  3. In the event of payment default, the Provider is entitled, after issuing a reminder, to suspend access to the Service until the outstanding balance is paid in full. Statutory default interest applies pursuant to § 288 BGB.
  4. Price changes will be communicated to the User by email at least 30 days before taking effect. If the User does not object within 14 days, the change is deemed accepted. In the event of objection, the User is entitled to terminate the subscription at the end of the current billing period.
  5. Fees already paid are generally non-refundable, except where the right of withdrawal (§ 8) is validly exercised or the Provider has committed a material breach of contract.

§ 7 Term and Termination

  1. Monthly subscriptions run for an indefinite period and may be cancelled at the end of the current calendar month. Annual subscriptions run for 12 months and renew automatically for a further 12 months unless cancelled at least 30 days before the renewal date.
  2. Cancellation may be effected at any time via the account settings of the platform or in writing by email to kontakt@andreasgossen.de.
  3. The right to terminate for cause remains unaffected. Grounds for termination by the Provider include, in particular, material violations of §§ 4 or 5 of these Terms, payment arrears exceeding 30 days, or the provision of false information at registration.
  4. Upon termination, the User's access to the Service will cease. The Provider will make a data export function available to the User for a transition period of 30 days following the end of the contract. All User data will thereafter be permanently deleted.

§ 8 Right of Withdrawal (Consumers)

This section applies exclusively where the User is acting as a consumer within the meaning of § 13 BGB, which is permitted only in exceptional cases.

  1. Consumers have a statutory right of withdrawal of 14 days from the date of contract formation. To exercise this right, the User must provide an unambiguous statement to the Provider (e.g. by email to kontakt@andreasgossen.de).
  2. The right of withdrawal expires early if the User expressly agrees that access to the Service is granted before expiry of the withdrawal period and simultaneously acknowledges that this results in loss of the right of withdrawal.
  3. In the event of a valid withdrawal, the Provider will refund all payments received without undue delay, and in any event within 14 days of receiving the withdrawal notice, using the same payment method as used in the original transaction.
  4. If the Service has been partially used before the withdrawal period expires, the User must pay compensation for the value of the services already rendered.

§ 9 Data Protection and Data Processing

  1. The processing of personal data in connection with use of the Service is governed by the Provider's Privacy Policy, available at negoanalyzer.ai/privacy.
  2. Where the User processes personal data of third parties using the Service, the Provider acts as a data processor within the meaning of Art. 28 GDPR. In this case, the parties will execute a Data Processing Agreement (DPA), which the Provider will make available upon request.
  3. No use for AI training: The Provider will not use documents, data or negotiation content uploaded by the User to train, fine-tune or improve AI models. User data is used exclusively for the purpose of delivering the contractually agreed Service.
  4. All data is stored and processed exclusively on servers located within the European Union.

§ 10 Confidentiality

  1. Both parties agree to treat all confidential information of the other party obtained in the course of the contractual relationship as strictly confidential and not to disclose it to third parties without prior written consent.
  2. Confidential information includes in particular: negotiation strategies, uploaded documents and business data of the User; technical information, pricing models and trade secrets of the Provider.
  3. The confidentiality obligation does not apply to information that is or becomes publicly known through no fault of the receiving party, or that was already known to the receiving party prior to conclusion of the contract.
  4. The confidentiality obligation survives the termination of the contractual relationship for a period of five years.

§ 11 Availability and Support

  1. The Provider aims to maintain the highest possible availability of the Service. Guaranteed availability levels are only owed where a separate Service Level Agreement (SLA) has been agreed, as included in Enterprise subscriptions.
  2. Planned maintenance windows will, where possible, be scheduled outside normal business hours and communicated at least 24 hours in advance.
  3. Brief interruptions resulting from unforeseen technical faults, force majeure or outages of third-party providers (e.g. cloud infrastructure) do not give rise to claims for damages, provided the Provider has not acted with gross negligence or intent.
  4. The scope of technical support is determined by the User's chosen subscription tier, as detailed in the current service description at pricing.html.

§ 12 Limitation of Liability

  1. The Provider's liability is unlimited in respect of damages arising from injury to life, body or health, and in respect of damages caused by intentional or grossly negligent conduct.
  2. In all other cases, the Provider shall only be liable for breaches of material contractual obligations (cardinal duties) - i.e., obligations whose fulfilment is essential to the proper performance of the contract. In such cases, liability is limited to the typical, foreseeable loss at the time of contracting.
  3. Liability for indirect damages, including in particular lost profits, lost business opportunities or data loss, is excluded to the extent not caused by intent or gross negligence.
  4. The Provider's total annual liability arising from or in connection with any given contract is capped at the total subscription fees paid by the User in the 12 months preceding the damaging event, except where clause 1 above applies.
  5. The Provider accepts no liability for the accuracy, completeness or fitness for purpose of AI-generated analyses, recommendations or simulation results. These do not constitute legal, tax or business advice.

§ 13 Intellectual Property

  1. All rights to the NegoAnalyzer® platform, including its software, trademarks, methodologies, user interfaces, algorithms and other components, remain exclusively with the Provider or its licensors.
  2. Documents and data uploaded by the User ("User Content") remain the intellectual property of the User. The User grants the Provider the limited right to use User Content to the extent necessary to deliver the Service during the term of the contract.
  3. AI-generated outputs produced on the basis of User Content are made available to the User for internal use. Ownership of such outputs, subject to any copyrightability of the Provider's contributions, transfers to the User.
  4. The User may not use the word mark or logo "NegoAnalyzer®" or any other marks of the Provider without prior express written consent.

§ 14 AI-Specific Terms

  1. The Service employs artificial intelligence technologies. AI systems may produce errors and may deliver results that are in individual cases inaccurate, incomplete or misleading. Users are required to critically review all AI-generated results before making decisions based on them.
  2. The AI models underpinning the Service are trained on existing publicly available data and internal training data. They do not have access to current market or legal developments unless this is expressly provided through a function designated as real-time research.
  3. Simulations and AI counterpart conversations serve exclusively as practice and preparation tools. They do not represent actual negotiating parties or their real positions.
  4. The User agrees not to use the platform to develop or train competing AI systems.

§ 15 Amendments to Terms and Service

  1. The Provider reserves the right to amend these Terms with at least 30 days' notice before the changes take effect. Amendments will be communicated to the User by email. If the User does not object within 14 days of receiving the notice, the amended Terms are deemed accepted. The notice will explicitly draw attention to the significance of inaction.
  2. In the event of an objection, the User is entitled to terminate the contract for cause effective as of the date the changes take effect.
  3. The Provider is entitled to adjust, expand or modify the functional scope of the Service at any time, to the extent that this is reasonable for the User. Material permanent reductions in functionality will be communicated with at least 30 days' notice.

§ 16 Miscellaneous

  1. These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Cologne, Germany, provided that the User is a merchant, a legal entity under public law or a public-law special fund.
  3. Should any provision of these Terms be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the applicable statutory rule.
  4. No collateral agreements exist. Any amendments or supplements to this contract must be made in writing.

Version: June 2026  ·  NegoAnalyzer® is a registered trademark of Andreas Goßen, Cologne, Germany.  ·  Contact: kontakt@andreasgossen.de