Terms and Conditions (Beta Version)

1. Scope and Subject Matter

These Terms apply to the use of the App in its beta testing phase. The App is provided solely for testing, evaluation, and feedback purposes.

No entitlement to uninterrupted availability, specific features, or future releases exists.

2. Beta Status

The App is a beta version and is still under development. You acknowledge and agree that:

• The App may contain errors, bugs, or inaccuracies
• Functions may change, be limited, or be discontinued at any time
• Data loss or interruptions may occur
• Use of the beta App is at your own risk.

3. Eligibility

The App may only be used by persons who are at least 14 years old (or the minimum legal age in their jurisdiction).

By using the App, you confirm that you meet this requirement.

4. Permitted Use

You may use the App solely for lawful purposes and in accordance with these Terms.

In particular, you must not:

• Reverse engineer, decompile, or attempt to extract source code
• Circumvent security or access controls
• Use the App in a manner that violates applicable laws
• Upload unlawful, infringing, or harmful content

5. User Content

You are solely responsible for any content you upload or enter into the App, including documents submitted for AI processing.

You confirm that you have the necessary rights to use and upload such content and that it does not violate third-party rights.

6. AI Features and External Providers

Certain App features use an external AI provider (Anthropic / Claude) to generate AI-based summaries or responses when AI features are enabled and used.

When you request an AI-based feature:

• Relevant content you submit for the feature (for example, text from a document) is transmitted to the AI provider for the purpose of generating the requested output
• We aim to minimize the amount of data sent and may attempt to redact sensitive information before transmission; however, redaction may not catch everything
• Foldy does not store the content you submit for AI processing on its own servers as part of providing the AI output
• We do not use your documents to train our own models
• The AI providers retention (if any) depends on the providers service configuration and terms

Where required, processing is carried out under GDPR-compliant agreements and safeguards, including safeguards for international transfers where applicable.

7. Apple TestFlight

The App is distributed via Apple TestFlight. Apple independently collects diagnostic data such as device information, operating system version, crash logs, and usage statistics.

Apple acts as an independent data controller for this data. Apple's data processing is governed exclusively by Apple's Privacy Policy.

8. Privacy and Data Protection

Personal data is processed in accordance with applicable data protection laws, including GDPR and BDSG.

For the iOS App beta (including TestFlight), processing is described in our Privacy Policy, which forms an integral part of these Terms.

The foldy.ai website is covered by the website privacy policy available on our main website.

Where processing is based on your consent (for example, for AI features), you may withdraw consent at any time by disabling AI features in the App and by not using AI features.

9. No Commercial Availability

The beta App is provided free of charge. No purchase contract, service contract, or entitlement to future paid or free services is created.

10. Intellectual Property

• All rights to the App, website, software, trademarks, and content remain exclusively with Foldy
• No rights are transferred to you except the limited right to use the App in accordance with these Terms.

11. Termination

We may restrict, suspend, or terminate access to the App at any time, in particular if:

• The beta program ends
• These Terms are violated
• Legal or security reasons require termination

No notice period is required.

12. Disclaimer

The App is provided "as is" and "as available".

To the maximum extent permitted by German law:

• No warranties are given regarding availability, accuracy, or fitness for a particular purpose
• We do not guarantee error-free operation

13. Limitation of Liability

Liability is governed by German law.

We are liable without limitation for damages caused by intent or gross negligence, as well as for injury to life, body, or health.

In cases of slight negligence, we are liable only for the breach of essential contractual obligations (wesentliche Vertragspflichten), and liability is limited to foreseeable damages typical for this type of contract.

Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

14. Feedback

If you provide feedback, suggestions, or bug reports, you grant us a non-exclusive, royalty-free, irrevocable right to use such feedback for development and improvement purposes without compensation.

15. Changes to These Terms

We may update these Terms at any time. The current version is always available on our website.

Continued use of the App after changes become effective constitutes acceptance of the updated Terms.

16. Governing Law and Jurisdiction

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).

If you are a merchant (Kaufmann), legal entity under public law, or special fund under public law, exclusive place of jurisdiction is Germany.