I. Scope and Contracting Parties
These General Terms and Conditions (hereinafter “GTC”) apply to all contracts regarding the use of the “tapinomahub” SaaS service between gobecom GmbH, Malzstraße 6, 68309 Mannheim (“gobecom” or “we”) and the respective contracting parties (hereinafter “Customer”). For other products or service areas offered by gobecom, the terms and conditions provided there shall apply.
tapinomahub is exclusively intended for entrepreneurs in the sense of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Contracts with consumers are not concluded.
Any deviating, conflicting, or supplementary general terms and conditions of the customer shall not become part of this contract, even if gobecom provides services without reservation while aware of the customer’s conflicting terms and conditions. The validity of any deviating terms and conditions requires our express consent on a case-by-case basis.
These Terms and Conditions, as last incorporated into the contract, shall also apply to future contracts and services related to tapinomahub, without the need for further notice.
The agreement governing the use of tapinomahub is based on these Terms and Conditions and the customer’s order as accepted by us. These Terms and Conditions apply exclusively. Any conflicting terms and conditions shall apply only within the scope of individually negotiated agreements or conflicting agreements that take precedence as confirmed in our order confirmation.
II. Subject Matter of the Contract, Scope of Services, and Services
The Provider makes “tapinomahub,” a cloud-based, API-based SaaS platform (hereinafter referred to as the “Platform” or “tapinomahub”), available to the Customer for use via the Internet. The Platform offers structured programming interfaces (API endpoints) for automated vehicle and parts analysis, particularly in the areas of vehicle identification (VIN), parts data, AI-supported image processing, condition classification, market analysis, and document processing. The specific scope of services, in particular the available and subscribed API endpoints, query limits, rates, and fees, is set forth in the individually agreed-upon offer or a separate service agreement.
The platform is provided exclusively as a service in accordance with the provisions of the law governing service contracts (Section 611 of the German Civil Code (BGB)). gobecom is obligated to provide the platform functionality to the agreed extent in accordance with the state of the art. A specific economic success—in particular, a specific analysis result, a complete or error-free data comparison, a complete classification, a usable image generation, or a specific quality of results—is expressly not guaranteed. The absence of a usable result, an incomplete output, or a classification that deviates from the customer’s expectations does not constitute a defect in the service and does not entitle the customer to a reduction in price, withdrawal, or damages.
The customer uses the platform solely at their own risk. The customer is solely responsible for deciding whether and how to use the results, data, classifications, or generated content provided by the platform in their business processes. We are not obligated to inform the customer of any potential risks, errors, or limitations of the results provided.
Through tapinomahub, gobecom provides technical resources and data functions that the customer may use to the extent agreed upon in the contract. The sole subject matter of the contract is the provision of this technical functionality as a service. It is neither expressly promised nor implicitly suggested nor contractually obligated that
the reports, analyses, classifications, or other deliverables generated using the platform are factually accurate, complete, up-to-date, or suitable for a specific purpose,
the results of the work comply with the requirements of applicable law, particularly with respect to legal, tax, competition, or data protection matters, or
the customer may use, publish, or distribute the results of the work in a manner permitted by law.
The customer is solely and fully responsible for reviewing, using, and utilizing the deliverables. gobecom assumes no liability for any damages resulting from the customer’s use or utilization of the deliverables without first reviewing them.
The API endpoints provided via the platform include—depending on the plan or licensing model selected—the following service areas in particular:
VIN and vehicle: vehicle matching, parts retrieval, cart checks, economic evaluation, vehicle intake, vehicle records, and listing generation.
Parts and OE: basic OE data, normalization, replacement chains, aftermarket references, price evaluation, and SEO.
Scanner and documents: structured extraction from registration documents, VIN images, general documents, labels, and part numbers.
VDI and recalls: VDI 4081 catalogue data and uploads, plus vehicle- and part-related recall queries.
Vision and AI: damage and condition analysis, quality assessment, background removal, image compositing and generation, identifier redaction, ELV classification, and licence-plate recognition.
Translation and integration: translation services and, where agreed, client, workspace, usage, plan, rate-limit, and sponsorship functions.
With regard to the actual scope of features available under the subscribed plan, the service description provided on the Provider’s website or in the offer at the time the contract is concluded shall be decisive. Planning notes, roadmap entries, or announcements regarding features under development (in particular endpoints with the status “planned,” “concept,” or “research”) do not give rise to any contractual claims on the part of the customer. Such features only become part of the contract upon their express activation and inclusion in the subscribed plan.
After the contract is concluded, gobecom will provide the customer with login credentials and user documentation for the available endpoints in electronic form. We are not obligated to provide any further documentation.
We are entitled, but not obligated, to update, further develop, and adapt the platform at any time, particularly in response to changes in the legal landscape, technical advancements, or to enhance IT security. gobecom may modify, replace, or discontinue existing endpoints, provided that such changes do not materially impair the Customer’s contractual use of the platform. In the event of a material impairment, gobecom will notify the customer in writing with reasonable advance notice; in this case, the customer is entitled to a special right of termination.
gobecom is not obligated to adapt the platform to the customer’s individual needs, system environments, or data structures. We are not liable for the compatibility of the API and/or the data provided through it with the customer’s systems or requirements.
We are entitled to engage subcontractors (in particular hosting providers, data providers, and AI model operators) to fulfill our obligations.
tapinomahub is provided exclusively as a cloud-based API service. There is no entitlement to deployment on the customer’s own systems (on-premise).
III. Demo Access
gobecom may voluntarily provide the customer with temporary demo access prior to the conclusion of the contract. Demo access allows the customer to use all platform features included in the plan to a limited extent (e.g., a limited number of queries). There is no entitlement to the provision of demo access, nor to a specific scope or duration thereof.
The customer is solely responsible for verifying, during the demo period, the suitability and compatibility of the platform with their systems, requirements, and business processes. If the customer fails to perform this verification in whole or in part, gobecom shall not be held liable. Demo access provides the customer with all functions essential to the subscribed plan; after the contract is concluded, the customer may not claim to have been unaware of certain functions or their limitations.
Data or results generated during the demo period cannot be accessed after the demo period has ended. gobecom does not guarantee data retention beyond the demo period.
The demo account is subject to the same terms of use as the regular account; in particular, the prohibition on use by third parties and the sharing of login credentials applies.
IV. Conclusion of the Agreement and Licensing Models
The contract is concluded when the customer accepts an offer from gobecom or when gobecom accepts a contract offer from the customer. Offers made by gobecom are subject to change without notice unless they are expressly designated as binding. The contract is documented in writing.
Licensing models: gobecom offers tapinomahub under the following licensing models:
Annual license: The contract term is 12 months from the agreed start date. Unless otherwise agreed, payment for the entire contract term is due in advance. The contract is automatically renewed for an additional 12 months unless it is terminated in writing with three months' notice prior to the end of the contract term.
Monthly license: The contract term is one month from the agreed start date. Payment is due monthly in advance. The contract is automatically renewed for an additional month unless it is terminated in writing with two weeks' notice prior to the end of the respective month.
The selected licensing model is specified in the relevant offer or order confirmation. Changing the licensing model during the term of the contract is not permitted, unless otherwise expressly agreed in writing.
V. API Use, Provision, Availability, and Maintenance
During the term of the contract, gobecom makes the platform’s API endpoints available to the customer for use via the Internet. This access is provided at the point where the data center used by the provider connects to the public Internet (connection point). The Internet connection, as well as the connection between the connection point and the customer’s IT systems, are not included in the scope of services provided by gobecom.
Unless otherwise agreed, gobecom guarantees an average monthly availability of 97.5% for the core functionalities of tapinomahub at the handover point. Availability is defined as the customer’s ability to use the core functions included in the subscribed plan. Excluded from the availability calculation are (i) announced maintenance windows, (ii) periods of force majeure, and (iii) disruptions beyond gobecom’s control (e.g., disruptions to the Internet, the hosting provider, third-party AI model services, or third-party API interfaces). The measurement instruments of gobecom in the data center are decisive for proving availability.
Periods of minor restrictions are not taken into account when calculating availability.
Since tapinomahub relies on data and services from external third-party providers (in particular data providers, vehicle databases, AI model providers, and vehicle market data aggregators), gobecom assumes no warranty or liability for the continuous availability, consistency of content, or completeness of individual API endpoints, data fields, data point types, or data sources, nor for the functions of the tapinomahub platform that depend on them. gobecom is entitled to discontinue or modify endpoints or data fields with reasonable notice if the underlying external data sources are no longer available or are only available to a limited extent. The customer shall have no claims for reduction in price or damages arising therefrom, provided that the core functionality under the contract is otherwise maintained. In the event of serious impairments caused by such changes, the customer shall have the right to terminate the user agreement for cause, excluding any further claims.
We are entitled to temporarily suspend the platform on a regular basis for maintenance, security, or optimization purposes. Scheduled maintenance is generally performed outside of normal business hours (Monday through Friday, 9:00 a.m.–6:00 p.m. CET) and announced in writing or via the customer portal at least 48 hours in advance. We are entitled to perform regular maintenance work twice per calendar month for a duration of up to four hours each time; these times are considered agreed-upon maintenance windows and are not counted as downtime in the availability calculation. gobecom may carry out urgent measures (in particular in the event of acute security risks, critical system instabilities, or imminent data protection incidents) at any time without prior notice; in such cases, gobecom will inform the customer as soon as possible regarding the nature and expected duration of the interruption.
Fair Use / API Usage Limits: Use of the platform is limited to the contractually agreed query volumes (call limits, rate limits per time unit). If these limits are exceeded or in the event of misuse (e.g., automated bulk queries outside the intended integration, unusual data load), gobecom is entitled to technically throttle, restrict, or temporarily deactivate API access without the customer having any claims arising therefrom.
VI. Rights of Use and Restrictions on Use
gobecom grants the customer a simple, non-exclusive, non-transferable, and non-sublicensable right to use tapinomahub to the extent agreed upon in the contract for the duration of the contract. The platform or its components are not physically transferred to the customer.
Use exclusively for the customer’s own business purposes: The customer may use tapinomahub exclusively for its own business purposes and exclusively through its own personnel. Any use for or on behalf of third parties—in particular, the provision of the platform, API access, or results as a standalone service to third parties, as a white-label service, API reselling, application service providing, or in a similar manner—is prohibited without our express consent. This applies regardless of whether such further use is for a fee or free of charge.
The Customer is not authorized to reproduce, decompile, disassemble, reverse engineer, or otherwise analyze the Platform, its components, data structures, algorithms, or AI/ML models. In particular, the Customer is prohibited from:
systematically query the platform or individual API endpoints using automated scripts, bots, crawlers, or similar mechanisms (anti-scraping) if this goes beyond the programmatic integration specified in the contract or is clearly intended to export large volumes of data;
to reconstruct or replicate the architecture, structure, organization, or content of gobecom’s datasets, data fields, or data models provided via the API through systematic or combined queries (dataset rebuilding);
to create a dataset, through aggregation, consolidation, or reuse of API outputs, that substantially replaces, replicates, or substitutes gobecom’s database or knowledge base.
Technical safeguards implemented by gobecom, including rate limits, IP-based access restrictions, or authentication mechanisms, must not be circumvented.
The Customer is not authorized to use outputs, results, data, classifications, analysis results, or other content generated or retrieved via the Platform (hereinafter “Platform Outputs”), in whole or in part, to train, refine, evaluate, or benchmark its own or third-party AI or machine learning models. This applies regardless of whether the Platform Outputs are used unmodified, modified, aggregated, or in combination with other data, and regardless of whether the use is commercial or non-commercial.
The customer shall neither store the raw data provided by us in a substantially unaltered form, nor temporarily store or permanently archive it in an isolated or enriched form. Any use of the raw data that goes beyond the specific comparison is prohibited.
The customer is also prohibited from:
to use the platform in a manner that is intended to, or risks, compromising the stability, security, or integrity of the platform or gobecom’s infrastructure (system-damaging use), in particular through excessive, coordinated, or deliberately overloading requests;
to circumvent contractually agreed query limits or rate limits through technical or organizational means, specifically by using multiple accounts, rotating authentication tokens, API gateways, or similar measures;
to use the platform, its content, or the insights gained through it specifically for the development or maintenance of products or services that are in direct competition with tapinomahub or gobecom (competitive analysis) without the express consent of gobecom.
All rights to tapinomahub not expressly granted herein remain with gobecom or its licensors.
VII. Login Credentials, Protection Against Misuse, and Reporting Requirements
After the contract is concluded, gobecom will provide the customer with API keys and other login credentials in electronic form. The customer must protect these login credentials in accordance with state-of-the-art security standards, treat them as confidential, and prevent unauthorized third parties from accessing them. Login credentials may only be disclosed to the customer’s own authorized personnel.
The customer is obligated to prevent unauthorized use of the platform by third parties within its sphere of influence. The customer must take appropriate technical and organizational measures to ensure that API keys, authentication tokens, and other means of access do not fall into the hands of unauthorized persons and are not misused.
The customer must notify us immediately—without undue delay—if (a) login credentials have become known to unauthorized third parties or there is reason to suspect this, (b) unauthorized access to the platform has occurred or is suspected, or (c) unusual patterns in usage behavior indicate possible misuse. The notification must be provided in writing and must include all information known to the customer regarding the nature, time, and extent of the suspected misuse.
If there is reasonable suspicion of misuse, particularly unauthorized use by third parties, gobecom is entitled to suspend the relevant account without prior notice and issue new login credentials. Such a suspension does not affect the customer’s obligation to pay.
For any unauthorized use of the platform by third parties resulting from a culpable breach of duty by the customer (e.g., failure to adequately secure login credentials, unauthorized disclosure), the customer shall owe gobecom the fees that would have been incurred for the entire term of use had the platform been properly licensed. Any further claims by gobecom remain unaffected.
VIII. Special Provisions Regarding AI Outputs and Generated Content
In particular, the platform provides AI-powered services (including automatic condition classification, AI image generation, background removal, image enhancement, VIN recognition, part number extraction from documents, and market and profitability analyses). These AI services are algorithmic processes with no guarantee of results. gobecom is obligated to provide the AI processing functionality, but not to deliver a complete, error-free, usable result or one that meets specific requirements. A specific result—in particular, a complete match, a correct assignment, or a specific image quality—is not an obligated service.
gobecom makes no warranty as to the accuracy, completeness, timeliness, or suitability of the results, classifications, comparisons, analyses, or generated content provided for any particular purpose. This applies in particular to:
VIN-based data (emissions data, cost-effectiveness analyses, damage reports)
AI-generated condition classifications and part number extractions
Market analysis and price forecast data
Dismantling Priorities and Revenue Estimates
AI-generated or AI-edited images and visual content
Note regarding potential third-party rights in generated content: Images and other visual or other content generated or edited by the platform (in particular AI-generated product images, enhanced images, or images with transparent backgrounds) may contain design features that resemble or are subject to third-party rights—in particular copyrights, registered designs, trademark rights, or other intellectual property rights. This cannot be completely ruled out from a technical standpoint. gobecom expressly does not guarantee that generated content is free from such third-party rights. The customer is solely the creator or editor of the content; tapinomahub merely provides the technical tools and resources used for this purpose. We are entitled to refer to the customer’s status as creator or editor in the event of a claim by a third party.
Disclaimer Regarding Publication and Use: gobecom shall not be liable for any claims by third parties (regardless of their nature or origin) arising from the publication, reproduction, distribution, exploitation, or other use of AI-generated or AI-edited content by the customer. The legal review of generated content for intellectual property conflicts prior to any use—in particular prior to publication on marketplaces, in online stores, or in other commercial contexts—is the sole responsibility of the customer.
The information provided on the platform does not constitute technical, legal, tax, or business advice and is not a substitute for such advice. We are not obligated to alert customers to potential errors in input data, implausible results, or financial risks.
The customer bears sole responsibility for all operational and business decisions made based on the platform’s output (e.g., purchase calculations, disassembly decisions, pricing, marketplace listings). The customer must conduct its own validity checks before using platform results for business-critical processes.
IX. Customer Obligations and Duty to Cooperate
The customer is solely responsible for ensuring that the data, content, and processes processed via tapinomahub comply with legal requirements—in particular data protection law, competition law, trademark law, and product safety law—as well as contractual agreements with its customers and business partners. gobecom is not obligated to perform any legal review, validation, or provide any legal advice.
The customer shall provide, at its own expense, a fully functional IT infrastructure and Internet connection and shall ensure that its systems meet the documented minimum technical requirements for API integration.
The customer shall provide the platform only with data, images, and documents whose processing in accordance with the order does not infringe upon the rights of third parties. The customer warrants that it is authorized to transmit the content entered.
The customer is solely responsible for ensuring that their data is properly backed up. gobecom has no duty of safekeeping or custody with respect to the data; the platform is not a backup or archiving solution. gobecom is not obligated to provide data backup beyond the contractually agreed-upon measures. Before using the platform, the customer must scan any data or files they upload for malware.
The customer shall designate at least one knowledgeable contact person who is available during normal business hours and is able to make or facilitate decisions.
The customer must provide an email address through which contractual communications will be legally valid. The customer is solely responsible for ensuring that this email address remains active and that incoming messages from gobecom can be received. The customer may not claim non-receipt of messages if they were sent to the provided address.
The customer agrees not to use tapinomahub for any illegal or immoral purposes, and in particular not to transmit any illegal, misleading, or falsified data.
We are entitled to treat all information provided by the customer—in particular, information regarding the customer’s identity, business, IT environment, requirements, input data, and the documents and files submitted—as accurate and complete, without being obligated to verify it. The customer is liable for any losses incurred by gobecom resulting from the customer providing incorrect, incomplete, or misleading information or failing to provide necessary information in a timely manner.
gobecom is under no obligation to provide advice or recommendations regarding
the selection, processing, quality control, or legal admissibility of input data,
the use, interpretation, or legal assessment of output data and results,
the technical integration of the API into the customer’s IT systems, the configuration of interfaces, the selection of appropriate data formats, or the design of the customer’s data processing procedures,
the suitability of the platform or its results for the customer’s specific business processes, compliance requirements, or regulatory purposes.
Consulting services in the areas mentioned above may be agreed upon for a separate fee based on a separate consulting agreement; however, there is no entitlement to the conclusion of such a consulting agreement. We reserve the right to refuse to provide separate consulting services or to make such services contingent upon the customer’s prior fulfillment of reasonable obligations. Information provided as part of regular support does not constitute an obligation to provide consulting services and does not replace the customer’s own independent review.
X. Support and Troubleshooting
To the extent provided for in the offer, gobecom provides email support during normal business hours (Monday through Friday, excluding public holidays at the provider’s headquarters). Inquiries are processed in the order in which they are received. There is no entitlement to assistance from a specific individual.
Any malfunctions must be reported to the provider in writing without delay. Reports of malfunctions should be as specific as possible (description of symptoms, time of occurrence, affected endpoints, sample requests, error codes). The provider is not obligated to resolve the malfunction within a specific timeframe unless expressly agreed otherwise.
We are not obligated to provide support if a malfunction results from non-contractual use of the platform, failure to meet minimum technical requirements, or circumstances within the control of the customer or a third party. If a malfunction reported by the customer proves to be unreproducible or not attributable to the provider, gobecom is entitled to bill the customer for the expenses incurred in connection therewith.
Any individual consulting, implementation support, or error analysis in the customer’s system environment that goes beyond the agreed scope of services will be billed separately on a time-and-materials basis at the applicable hourly rates.
XI. Term and Termination
The term of the agreement is determined by the selected licensing model (Section IV. 2.). The right to terminate the agreement for cause remains unaffected. Termination must always be in writing.
In particular, a valid reason shall be deemed to exist for gobecom if (a) the customer is more than 30 days in arrears with due payments despite a reminder, (b) the customer persistently violates material contractual obligations—in particular those regarding rights of use, access security, or reporting misuse—or (c) the customer uses tapinomahub for or on behalf of third parties in violation of Section VI or culpably and seriously violates usage restrictions.
Upon termination of the contract, gobecom will deactivate access to the platform. gobecom will make usage logs available to the customer for download in a standard machine-readable format within 30 days of the contract’s termination, provided this is technically feasible. Thereafter, the customer’s data will be permanently deleted, unless required to be retained by law. gobecom has no right of retention or lien on the data.
The customer is responsible for exporting and backing up the data and results processed via the platform in a timely manner prior to the end of the contract. We are under no obligation to provide the customer with data in any specific format or with any specific characteristics. The customer’s use of the platform does not give rise to any claims against us for the provision of additional data, code, or functions beyond the contractual provision of the platform itself.
XII. Compensation and Payment Terms
The fee is specified in the relevant offer or service agreement. For annual licenses, the annual fee is due in advance, unless otherwise agreed. For monthly licenses, the monthly fee is due in advance at the beginning of each billing month. Invoices are due for payment within 10 days, without any deductions.
The obligation to pay applies for the entire agreed contract term, regardless of whether and to what extent the customer actually uses the platform. Unused API calls, unused features, or a lower-than-expected usage rate do not entitle the customer to a refund, credit, or offset against fees already paid.
We are entitled to adjust prices for recurring services appropriately effective at the start of a new contract period, but no earlier than after the first 12 months have elapsed. Price changes must be announced in writing at least six weeks before they take effect. If the customer does not object within four weeks of receiving the notice, the change shall be deemed approved. gobecom will refer to the right of objection in the notice. In the event of a timely objection, both parties are entitled to terminate the contract extraordinarily as of the effective date of the price change.
If the customer defaults on payment, gobecom is entitled to charge statutory late payment interest and to suspend the provision of services until all outstanding claims have been paid in full.
The customer is entitled to set-off and retention rights only to the extent that the customer’s counterclaims are undisputed or have been legally established. The customer may assert a right of retention only in connection with the same contractual relationship.
gobecom retains ownership of the deliverables provided until all outstanding amounts have been paid in full. All grants of rights are subject to payment of the fees owed for the respective service.
XIII. Data Protection and Data Security
gobecom processes the customer’s personal data and—to the extent that this is unavoidable within the scope of tapinomahub—personal data contained in transmitted documents or files, exclusively in accordance with legal requirements and the relevant contract. gobecom implements state-of-the-art measures to protect the data (Art. 32 GDPR).
To the extent that gobecom acts as a data processor for the customer within the meaning of Article 28 of the GDPR, the parties shall enter into a separate data processing agreement (DPA). We are not obligated to accept any DPA drafts provided by the customer that deviate from our standard documents. Additional costs incurred in reviewing individual DPA drafts may be billed based on reasonable expenses.
The customer is responsible for ensuring the lawfulness of data processing within its sphere of control, in particular for ensuring that there is an appropriate legal basis for the transfer of data to the platform.
We are entitled to use data provided by the customer—with the exception of personal data—in a fully anonymized and aggregated form to improve and train the AI models we use, provided that no conclusions can be drawn about the customer or their trade secrets. Such data will not be used for any other business purposes of our own or disclosed to third parties. The customer may object to this use at any time in writing.
Uploaded images and documents are stored only for the duration of the respective processing and logging and are deleted after the contractually agreed retention period has expired, provided that no statutory retention requirements prevent this.
XIV. Liability
gobecom has unlimited liability for damages resulting from injury to life, limb, or health, as well as for damages caused intentionally or through gross negligence, and for damages under the Product Liability Act.
In the event of a breach of material contractual obligations (cardinal obligations) due to slight negligence, gobecom’s liability is limited to foreseeable damages typical for this type of contract and, in terms of amount, to the remuneration paid by the customer during the twelve months preceding the event giving rise to the damage. In all other cases—in particular in the event of a slightly negligent breach of non-essential contractual obligations—gobecom’s liability is excluded.
Disclaimer of Liability for Accuracy of Results: gobecom’s liability for damages resulting from the inaccuracy, incompleteness, outdated nature, or unsuitability of the data, classifications, comparisons, analyses, or results provided by the platform is completely excluded. This applies in particular to decisions made by the customer that are based exclusively or primarily on platform outputs (e.g., purchase calculations, dismantling prioritization, pricing).
Disclaimer of Liability for AI-Generated Content: gobecom shall not be liable for any claims by third parties—in particular those arising from copyright, design, or trademark law—resulting from the publication, exploitation, or other use of AI-generated or AI-edited content by the customer. gobecom is not liable for ensuring that generated content is free from third-party rights.
Liability for lost profits, lost savings, indirect damages, and consequential damages is excluded, unless there is evidence of willful misconduct or gross negligence.
Subject to paragraph 1 above, we shall not be liable for financial losses, lost profits, miscalculations, economic losses, or any other direct or indirect damages resulting from the customer’s business decisions—in particular, purchase calculations, pricing decisions, dismantling decisions, inventory valuations, bidding decisions at auctions, or other business decisions—based on market price, valuation, profitability, or other analytical results provided by the platform.
gobecom’s liability for data loss is limited to the costs that would be incurred to restore the data if the customer had performed proper data backups. If the customer has failed to perform the required data backups, gobecom shall not be liable for any resulting consequential damages.
The foregoing limitations of liability also apply to the legal representatives, employees, and agents of gobecom if claims are asserted directly against them, as well as to claims for reimbursement of expenses.
XV. Indemnification by the Customer
The Customer shall, upon first request, indemnify gobecom and its employees, agents, and vicarious agents against all claims by third parties brought against gobecom due to the Customer’s unlawful or non-contractual use of tapinomahub, in particular due to:
Violations of data protection, competition, copyright, design, or trademark laws
Transmission of illegal, misleading, or counterfeit data or content
Publication, exploitation, or other use of AI-generated or AI-edited content that infringes on the rights of third parties
Use of the platform for or on behalf of third parties in violation of Section VI. 2.
Inadequate protection of login credentials, resulting in unauthorized access by third parties
The indemnification also covers reasonable legal defense costs (court and attorney fees in accordance with statutory rates). gobecom will promptly notify the customer of any claims asserted and, to the extent reasonable, enable the customer to mount an appropriate legal defense.
XVI. Warranty
Warranties in the legal sense exist only if a warranty agreement is in writing and expressly uses the term “warranty.”
Strict liability under Section 536a(1) of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded.
The warranty does not cover only minor impairments to the performance of the service.
Any claims for defects by the customer are contingent upon the customer notifying us of the defect in writing immediately upon discovery. Unless otherwise required by mandatory statutory time limits, claims for defects expire one year after the customer becomes aware of the defect.
gobecom may demand reimbursement for the costs incurred in conducting a defect inspection if a claimed defect turns out to be unfounded.
XVII. Intellectual Property Rights and References
All rights to tapinomahub and the platform—including, but not limited to, copyrights, neighboring rights, and trademark rights—remain with gobecom or its licensors.
We are entitled to name the customer as a reference client (e.g., on our website, in presentations, or in pitch materials) and to use the customer’s name, logo, and a general description of our collaboration, unless the customer objects in writing on a case-by-case basis.
Results generated by the Customer using the Platform—in particular image analysis, condition classification, market price, or valuation data, as well as other outputs resulting from the Platform’s processing of the Customer’s input data (hereinafter “Derived Data”)—are generated by the Customer at its own responsibility. To the extent that such Derived Data is eligible for copyright protection and the Customer is entitled to an exclusive right thereto, such right shall remain with the Customer.
Notwithstanding the preceding paragraph, we are entitled to use, process, and aggregate Derived Data as well as all other data generated, aggregated, or consolidated via the Platform—in particular market price, valuation, classification, and analysis data—in a fully anonymized form that cannot be traced back to individual customers, and to make such data available to third parties, including for a fee. The Customer expressly acknowledges that gobecom retains unrestricted rights to its own data infrastructure, evaluation models, and the resulting aggregated data sets and may market these independently of the individual customer relationship. The customer shall refrain from using Derived Data or other platform outputs as the basis for an independent data or information service offering to third parties without our express consent.
XVIII. Confidentiality
Both parties are obligated to treat confidential information that comes to their knowledge in the course of performing this Agreement with the care of a prudent businessperson, to use such information solely for the purpose of performing this Agreement, and not to disclose it to third parties. This obligation shall remain in effect even after the termination of this Agreement.
The duty of confidentiality does not apply to information that (a) is or becomes generally known without any breach of contract by the receiving party, (b) was already lawfully known to the receiving party, (c) is lawfully disclosed by a third party without any obligation of confidentiality, or (d) must be disclosed pursuant to statutory provisions, an order by a government agency, or a court order.
XIX. Suspension and Extraordinary Termination
We reserve the right to temporarily suspend the customer’s access to the platform with immediate effect and without prior notice if
the customer is in default of payment and gobecom has notified the customer of this in writing,
there is reasonable suspicion that the access is being misused or has been made available to unauthorized third parties,
the customer violates material obligations regarding use, in particular the prohibition on third-party use (Section VI. 2.) or security obligations,
the customer’s continued use jeopardizes the security, stability, or integrity of the platform or other users’ systems,
the customer processes or distributes illegal content via the platform.
The suspension will be lifted as soon as it is verifiably established that the reason for the suspension has been resolved and the customer has paid any outstanding amounts in full. During a suspension, the customer’s obligation to pay remains unaffected; gobecom is not obligated to provide services for the duration of a justified suspension and is not liable for any damages incurred by the customer as a result.
The right of both parties to terminate the agreement immediately for cause remains unaffected. For gobecom, cause exists in particular if
the customer is more than 30 days past due on payments despite a reminder and the granting of an extension,
the customer persistently violates material contractual obligations or does so despite a warning—in particular regarding usage rights, access security, or the grounds for suspension set forth in paragraph 1,
if the customer uses tapinomahub in violation of Section VI.2 for or on behalf of third parties, or discloses API access credentials,
the customer has provided gobecom with false information regarding their identity, their authorization to use the service, or the data they have submitted.
Notice of termination for cause must be provided in writing. In the event of justified termination for cause by gobecom for a reason attributable to the customer, gobecom’s claim for payment for the remaining regular term of the contract shall remain in full force; any savings in expenses shall be offset to the extent that they are expressly identified as specific cost components of the payment.
gobecom is not liable for any damages incurred by the customer as a result of a justified suspension of access
XX. Amendment to the Terms and Conditions
We reserve the right to amend these Terms and Conditions with future effect, provided that such amendments do not result in a fundamental change to the structure of the contract and are reasonable for the customer.
The customer will be notified of any changes in writing at least six weeks before they are scheduled to take effect. If the customer does not object within four weeks of receiving the notice, the amended Terms and Conditions shall be deemed accepted. gobecom will expressly refer to the right to object and the consequences of remaining silent in the notice of change.
If an objection is raised within the specified time limit, the previous Terms and Conditions shall remain in effect; in that case, we are entitled to terminate the contract with three months' notice, effective at the end of the month.
XXI. Final Provisions
The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of performance and exclusive venue for all disputes arising out of or in connection with this Agreement shall be—to the extent permitted by law—the registered office of gobecom.
Any side agreements, amendments, or additions to this contract must be in writing, unless a more stringent form is required by law. This also applies to any waiver of the written form requirement.
In the event of translations of these Terms and Conditions into other languages, the German version shall prevail in the interpretation of the contract terms.
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision.
Stand: 07/2026