Last Updated: 2026-04-12
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE dbl9 Platform PLATFORM AND SERVICES. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
This Agreement is entered into by and between dbl9 GmbH, a German limited liability company (GmbH) ("dbl9," "we," "us," or "our") and the entity or individual agreeing to these terms ("Customer," "you," or "your").
1. DEFINITIONS
1.1. "Acceptable Use Policy" or "AUP" means dbl9's acceptable use policy, available at https://dbl99.de/legal/acceptable-use.
1.2. "Account" means the account created by Customer to access and use the Service.
1.3. "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting securities or equivalent ownership interest.
1.4. "Authorized User" means any individual who is authorized by Customer to use the Service under Customer's Account.
1.5. "Confidential Information" means all non-public information disclosed by one party to the other in connection with this Agreement that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
1.6. "Customer Data" means any data, content, or materials submitted, uploaded, or transmitted by Customer or its Authorized Users to the Service.
1.7. "Documentation" means the technical documentation, user guides, and other materials made available by dbl9 describing the features, functionality, and use of the Service, available at https://docs.dbl99.de.
1.8. "Intellectual Property Rights" means all patent rights, copyrights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals, and extensions thereof.
1.9. "Order Form" means an ordering document, online registration, or subscription page that references this Agreement and specifies the Service plan, fees, and other terms applicable to Customer's use of the Service.
1.10. "Personal Data" has the meaning given in applicable data protection laws, including the GDPR and CCPA.
1.11. "Service" means the dbl9 Platform cloud-based software-as-a-service platform, including any AI-powered features, APIs, and related tools made available by dbl9.
1.12. "Service Level Agreement" or "SLA" means the service level terms available at https://dbl99.de/legal/sla.
1.13. "Subscription Term" means the period during which Customer has the right to use the Service as specified in the applicable Order Form.
1.14. "Third-Party Services" means any third-party products, services, or integrations that interoperate with the Service but are not part of the Service.
2. ACCESS AND USE OF THE SERVICE
2.1. Provision of Service. Subject to the terms of this Agreement and payment of applicable fees, dbl9 grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription Term solely for Customer's internal business purposes in accordance with this Agreement and the Documentation.
2.2. Authorized Users. Customer may permit its Authorized Users to access and use the Service subject to this Agreement. Customer is responsible for all acts and omissions of its Authorized Users in connection with the Service.
2.3. Restrictions. Customer shall not, and shall not permit any third party to:
(a) sell, resell, rent, lease, license, sublicense, distribute, or otherwise make the Service available to any third party except as expressly permitted herein;
(b) use the Service to build a competitive product or service, or copy any features, functions, or user interface of the Service;
(c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service;
(d) modify, translate, or create derivative works based on the Service;
(e) remove, alter, or obscure any proprietary notices, labels, or marks on the Service;
(f) access the Service for the purpose of benchmarking or competitive analysis;
(g) use the Service in violation of the Acceptable Use Policy;
(h) use the Service to store or transmit any material that infringes or misappropriates any third party's Intellectual Property Rights;
(i) interfere with or disrupt the integrity or performance of the Service or its components;
(j) attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
2.4. Account Security. Customer is responsible for maintaining the confidentiality of its Account credentials. Customer shall immediately notify dbl9 of any unauthorized use of its Account or any other breach of security.
2.5. Acceptable Use. Customer's use of the Service is subject to the AUP. dbl9 may update the AUP from time to time upon reasonable notice. Any violation of the AUP may result in suspension or termination of Customer's access to the Service.
3. AI-SPECIFIC TERMS
3.1. AI Features. The Service may include AI-powered features, including but not limited to automated content generation, data analysis, natural language processing, and machine learning capabilities ("AI Features").
3.2. AI Output. Any output generated by the AI Features ("AI Output") is provided on an "as-is" basis. Customer acknowledges that:
(a) AI Output may not be unique and other users may receive similar or identical output;
(b) AI Output may contain errors, inaccuracies, or biases, and Customer is solely responsible for reviewing and validating all AI Output before use;
(c) dbl9 does not guarantee the accuracy, completeness, or fitness for any particular purpose of AI Output;
(d) Customer is solely responsible for its use of AI Output and for ensuring such use complies with all applicable laws and regulations.
3.3. Customer Responsibility. Customer shall not use AI Features to:
(a) generate content that violates any applicable law, regulation, or third party's rights;
(b) generate content that is harmful, deceptive, or misleading;
(c) make automated decisions that have legal or similarly significant effects on individuals without appropriate human oversight;
(d) circumvent any technical limitations or safety measures of the AI Features.
3.4. AI Input Data. Customer acknowledges that data submitted to AI Features ("Input Data") may be processed by the Service to generate AI Output. dbl9's use of Input Data is governed by the Privacy Policy and, where applicable, the Data Processing Addendum.
3.5. No Training on Customer Data. dbl9 shall not use Customer Data or Input Data to train, improve, or develop general-purpose AI models without Customer's prior written consent. dbl9 does not use Customer Data to train general-purpose AI models without explicit written consent. See our Privacy Policy for details.
4. FEES AND PAYMENT
4.1. Fees. Customer shall pay the fees specified in the applicable Order Form ("Fees"). Unless otherwise stated in the Order Form, all Fees are quoted in EUR and are non-refundable.
4.2. Payment Terms. Fees are due within 30 days of the invoice date. If Customer fails to make any payment when due, dbl9 may (a) charge interest on the overdue amount at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less), and (b) suspend access to the Service upon 15 days' prior written notice.
4.3. Taxes. All Fees are exclusive of taxes. Customer is responsible for all applicable taxes, levies, and duties (excluding taxes based on dbl9's net income) arising from Customer's purchase and use of the Service.
4.4. Price Changes. dbl9 may change its Fees upon at least 30 days' prior written notice before the start of a renewal Subscription Term.
5. PROPRIETARY RIGHTS
5.1. dbl9 IP. dbl9 and its licensors retain all right, title, and interest in and to the Service, Documentation, and all related technology, including all Intellectual Property Rights therein. No rights are granted to Customer except as expressly set forth in this Agreement.
5.2. Customer Data. As between the parties, Customer retains all right, title, and interest in and to Customer Data. Customer grants dbl9 a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Customer Data solely to the extent necessary to provide and improve the Service in accordance with this Agreement and the Privacy Policy.
5.3. Feedback. If Customer provides any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service ("Feedback"), dbl9 shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate such Feedback into the Service.
5.4. Aggregated Data. dbl9 may collect and use aggregated, anonymized, or de-identified data derived from Customer's use of the Service ("Aggregated Data") for purposes of improving the Service, generating analytics, and for other lawful business purposes, provided that such data cannot reasonably be used to identify Customer or any individual.
6. CONFIDENTIALITY
6.1. Obligations. Each party shall (a) protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information (but not less than reasonable care), and (b) not use or disclose the other party's Confidential Information except as necessary to perform its obligations or exercise its rights under this Agreement.
6.2. Exclusions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure.
6.3. Compelled Disclosure. The receiving party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that the receiving party gives the disclosing party prompt written notice (to the extent permitted by law) and reasonable assistance in contesting such disclosure.
7. WARRANTIES AND DISCLAIMERS
7.1. Mutual Warranties. Each party represents and warrants that: (a) it has the legal power and authority to enter into this Agreement; and (b) it will comply with all applicable laws in its performance under this Agreement.
7.2. Service Warranty. dbl9 warrants that during the Subscription Term, the Service will perform materially in accordance with the Documentation. Customer's sole and exclusive remedy for breach of this warranty is, at dbl9's option, to (a) correct the non-conformity, or (b) terminate the affected Order Form and refund any prepaid, unused Fees for the remainder of the Subscription Term.
7.3. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." dbl9 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. dbl9 DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.
7.4. AI DISCLAIMER. WITHOUT LIMITING THE FOREGOING, dbl9 MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY AI OUTPUT. AI FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH ITS USE OF AI OUTPUT.
8. LIMITATION OF LIABILITY
8.1. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. CAP ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO dbl9 DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8.3. EXCEPTIONS. THE LIMITATIONS IN SECTIONS 8.1 AND 8.2 SHALL NOT APPLY TO: (A) EITHER PARTY'S BREACH OF SECTION 6 (CONFIDENTIALITY); (B) CUSTOMER'S BREACH OF SECTION 2.3 (RESTRICTIONS) OR THE AUP; (C) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS; OR (D) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
9. INDEMNIFICATION
9.1. By dbl9. dbl9 shall defend, indemnify, and hold harmless Customer from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from allegations that the Service, as provided by dbl9 and used in accordance with this Agreement, infringes or misappropriates any third party's Intellectual Property Rights.
9.2. By Customer. Customer shall defend, indemnify, and hold harmless dbl9 from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) Customer Data; (b) Customer's or its Authorized Users' use of the Service in violation of this Agreement, the AUP, or applicable law; or (c) Customer's use of AI Output.
9.3. Procedure. The indemnifying party's obligations are conditioned on: (a) prompt written notice of the claim; (b) sole control over the defense and settlement of the claim; and (c) reasonable cooperation from the indemnified party at the indemnifying party's expense.
10. TERM AND TERMINATION
10.1. Term. This Agreement commences on the date Customer first accepts it and continues until all Subscription Terms have expired or been terminated.
10.2. Subscription Term. Each Subscription Term shall be as specified in the applicable Order Form. Unless otherwise specified, Subscription Terms automatically renew for successive periods equal to the initial Subscription Term unless either party provides written notice of non-renewal at least 30 days prior to the end of the then-current term.
10.3. Termination for Cause. Either party may terminate this Agreement or any Order Form: (a) if the other party materially breaches this Agreement and fails to cure such breach within 30 days after receiving written notice thereof; or (b) if the other party becomes insolvent, files for bankruptcy, or ceases to operate in the ordinary course.
10.4. Termination for Convenience. Customer may terminate this Agreement for convenience at any time by providing 30 days' prior written notice. No refund will be issued for unused portions of the Subscription Term unless otherwise specified in the applicable Order Form.
10.5. Effect of Termination. Upon termination or expiration: (a) Customer's rights to access and use the Service immediately cease; (b) each party shall return or destroy the other party's Confidential Information; and (c) dbl9 shall make Customer Data available for export for a period of 30 days following termination, after which dbl9 may delete Customer Data in accordance with its standard policies.
10.6. Survival. Sections that by their nature are intended to survive termination shall survive, including Sections 1, 4 (for accrued obligations), 5, 6, 7.3, 7.4, 8, 9, 10.5, 10.6, and 11.
11. GENERAL PROVISIONS
11.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the laws of the Federal Republic of Germany, without regard to its conflict of laws principles.
11.2. Dispute Resolution. Any dispute arising out of or relating to this Agreement shall be resolved exclusively by the courts located in Neuruppin, Germany, and each party consents to the personal jurisdiction of such courts.
11.3. Entire Agreement. This Agreement, together with all Order Forms, the AUP, the SLA, the Privacy Policy (https://dbl99.de/legal/privacy), the Data Processing Addendum (https://dbl99.de/legal/dpa), and any other documents incorporated by reference, constitutes the entire agreement between the parties regarding the subject matter hereof.
11.4. Amendments. dbl9 may update this Agreement from time to time. Material changes will be communicated with at least 30 days' prior notice. Continued use of the Service after the effective date of changes constitutes acceptance.
11.5. Assignment. Neither party may assign this Agreement without the other party's prior written consent, except that either party may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
11.6. Force Majeure. Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.
11.7. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
11.8. Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
11.9. Notices. All notices under this Agreement shall be in writing and sent to the addresses specified in the applicable Order Form or Account settings. Notices are deemed given upon receipt.
11.10. Independent Contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
11.11. Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
12. CONTACT
For questions about these Terms of Service, please contact:
dbl9 GmbH Gewerbegebiet N 11
Neustadt, Brandenburg 16845 Germany
Email: office@dbl99.de Website: https://dbl99.de
dbl9 Terms of Service v1.0