Terms and conditions

Section 1. Scope

(1) These Terms and Conditions (the “Terms”) apply to all contracts between Octon Holding GmbH, Paul-Ehrlich-Straße 7, 79106 Freiburg im Breisgau, registered in the commercial register of the Local Court of Freiburg im Breisgau under HRB 736329 (the “provider”), and the customer for use of the Software-as-a-Service platform BeStride.

(2) The customer's differing terms do not apply unless the provider expressly agrees to them in text form.

(3) BeStride is primarily intended for people starting a business or already working on a self-employed basis. By registering, users confirm that they use the platform for business or freelance purposes.

Section 2. Subject matter

(1) The provider makes BeStride available to the customer as a web-based Software-as-a-Service platform. BeStride supports the creation and operation of a business with the following core functions:

• AI-assisted product and offer development from an initial description
• Creation and hosting of an individual sales page or web application
• Payment processing through Stripe Connect (customer payments and payouts)
• Step-by-step guidance through legal and administrative requirements
• Customer management (CRM), quotes, invoices and accounting integration
• AI assistance with text, analysis and recommendations

(2) The precise scope of functions depends on the customer's billing period. Modules are unlocked in stages when the relevant business requirements are met. The scope of services published when the contract is concluded applies.

(3) The provider may develop the software and change or replace individual functions, provided the essential core functions are preserved. Material restrictions in functionality will be announced with reasonable notice.

Section 2a. No tax, legal or accounting advice

(1) BeStride expressly does not provide tax, legal or accounting advice and is not certified accounting software. The platform does not replace advice from qualified professionals such as tax advisers, auditors or lawyers.

(2) Invoicing, expense management and financial documentation functions provide only organisational support for the customer. Legal texts, templates and recommendations generated by the platform are aids and do not replace review by a lawyer.

(3) The AI assistant provides general information and suggestions based on the data entered. These are not binding advice and do not replace the judgement of qualified professionals.

(4) The customer is solely responsible for:

• The accuracy and completeness of all data entered
• Compliance with tax and commercial law obligations
• Consulting qualified advisers in good time
• Proper bookkeeping in accordance with statutory requirements (including GoBD and HGB)

(5) The provider is not liable for loss resulting from failure to follow this guidance or from insufficient professional advice.

Section 3. Contract formation and registration

(1) The contract is concluded when the customer registers on the website. Registration uses a magic link or code sent by email, without a password. By requesting the sign-in link, the customer confirms that they have read and accepted these Terms, the Privacy Policy and the Data Processing Agreement (DPA). The time of acceptance and the version of the documents are recorded.

(2) The customer must provide truthful information when registering and keep it up to date.

(3) The customer is responsible for keeping access to their account confidential. Suspected unauthorised access must be reported to the provider without undue delay.

Section 4. Performance and withdrawal

(1) Services begin immediately after the contract is concluded at the customer's express request, confirmed by starting to use the service. For digital services provided immediately at the customer's request, any statutory right of withdrawal expires in accordance with section 356(4) and (5) BGB when performance starts (fully supplied digital content) or when the service has been fully performed, as applicable.

(2) BeStride is intended for business purposes. Business customers have no statutory right of withdrawal.

Section 5. Prices and payment

(1) The platform subscription costs, for the Side Business plan, 49 € per month and, for the Self-Employment plan, 90 € per month (including any applicable VAT). It can be cancelled with effect from the end of the monthly billing period. Payment is made in advance by credit card or SEPA direct debit through Stripe.

(2) If payment is overdue, the provider may suspend access or terminate for cause after an unsuccessful reminder and a reasonable additional payment period.

(3) The provider may adjust prices at the end of the current billing period with at least 30 days' notice. If the increase exceeds 10%, the customer may terminate with effect from the date of the increase.

Section 5a. AI allowance and credits

(1) AI functions are billed through credits. The Side Business plan includes 500 credits and the Self-Employment plan includes 1000 credits per paid monthly billing period. Consumption is based on recorded AI usage; more complex tasks use more credits. Credits are not a cash balance and cannot be paid out.

(2) New credits are provided only after successful payment of the monthly invoice. Unused credits expire at the end of the paid billing period and do not roll over. Additional credits also expire at the end of the period displayed at purchase.

(3) When the allowance is exhausted, further AI runs pause. Additional credits may be purchased. Plan changes take effect with the next monthly invoice; the new allowance becomes available only after that invoice is paid. Other functions remain available with an active subscription.

(4) The provider may adjust the allowance allocated to a plan with reasonable notice where necessary because of changes in third-party costs.

Section 5b. Revenue share on customer payments

(1) In addition to the monthly subscription, the provider retains a revenue share (platform fee) from customer payments processed through the platform:

• 4% on the first 100,000 € of net revenue per business and calendar year
• 1.5% on the portion above 100,000 € of net revenue per business and calendar year

(2) The calculation excludes VAT and applies to revenue collected through the platform. If a payment crosses the threshold, its portions are calculated separately. The calendar year begins on 1 January in the Europe/Berlin time zone. Refunds and lost chargebacks reduce revenue in the original payment year; the share attributable to the affected payment is returned proportionately. Other completed payments are not recalculated retrospectively. Payment processing fees apply separately. For recurring customer subscriptions, no more than 4% is initially retained and any excess is automatically credited to the connected payment account after payment is received.

(3) All deductions (Stripe fee, platform fee, net amount, current tier and remaining amount before the next tier) are shown to the cent in the Payments module.

(4) The user remains the seller to their customers; the provider processes payments as a service provider.

Section 6. Availability and support

(1) The provider aims for average monthly software availability of 99%. This excludes planned maintenance, force majeure (section 10c) and disruptions outside the provider's control.

(2) Support is available by email at team@octonholding.de during normal business hours.

Section 6a. Remedies for defects

(1) If there is a defect, the customer is initially entitled to have it remedied within a reasonable period.

(2) A defect means a material impairment of core functions that departs from the agreed condition. Minor deviations, individual minor errors and changes that preserve functionality during further development do not constitute defects.

(3) If remediation fails, the customer may reduce the fee by an appropriate amount.

Section 7. Rights of use and customer obligations

(1) The customer receives a non-exclusive, non-transferable right to use the software under these Terms for the duration of the contract.

(2) The customer undertakes:

• To use the software only for lawful purposes
• Not to upload content that breaches applicable law, third-party rights or public morals
• Not to misuse AI functions to generate unlawful content, misleading communications or manipulative mass messages
• Not to decompile or manipulate the software or bypass its security mechanisms
• To keep credentials confidential and not disclose them to third parties
• To report identified security incidents to the provider without undue delay

Section 7a. Rights in data and exclusion of AI training

(1) Data entered, imported or generated by the customer remains the customer's property or under their control, as applicable. The provider acquires no rights beyond the licence necessary to perform the contract.

(2) The provider does not use customer data to train its own or third-party AI models. For the AI services used (Anthropic), use of the submitted data for training is contractually excluded through a Data Processing Addendum and no-training provision.

(3) The customer warrants that they are authorised to enter and process the data they supply and have obtained any necessary consent from affected persons.

Section 7b. Confidentiality

(1) Both parties undertake to keep the other party's confidential information confidential and not disclose it to third parties without express consent.

(2) Confidential information includes, in particular, customer business data and the provider's non-public technical and operational information.

(3) The confidentiality obligation continues for three years after the contract ends.

Section 7c. Suspension for breach

(1) Where there are reasonable grounds to suspect a material breach of section 7, the provider may suspend access temporarily.

(2) The provider will inform the customer of the suspension and allow seven days for a response, unless an immediate threat to third parties prevents this.

(3) If the breach is confirmed, the provider may terminate for cause.

(4) If suspension was unjustified, fees for the suspension period will be refunded proportionately.

Section 8. Data protection and DPA

(1) The provider processes personal data in accordance with the Privacy Policy and applicable data protection law (GDPR and BDSG).

(2) Where the provider processes personal data on the customer's behalf (particularly data of their customers, leads and contacts), the Data Processing Agreement (DPA) also applies and is concluded upon acceptance of these Terms. The DPA is available at /avv.

(3) The customer will be informed of material changes to subprocessors (DPA, section 8) and may object within 30 days, with a right to terminate for cause.

(4) Some AI processing takes place through providers based in the USA (Anthropic), safeguarded by EU Standard Contractual Clauses (SCCs).

(5) The customer can download their data using the software's export function and delete their account at any time.

Section 9. Term and termination

(1) The contract continues for an indefinite term. With monthly billing, it may be cancelled at any time with effect from the end of the current billing month.

(2) The right to terminate for cause remains unaffected.

(3) Cancellation is available through the software's account settings or by email to team@octonholding.de.

(4) After the contract ends, the customer has a 30-day grace period to export their data. After that period, customer data is permanently deleted unless statutory retention obligations prevent deletion, particularly under section 147 AO.

Section 10. Liability

(1) The provider has unlimited liability for death, personal injury or damage to health, and for damage caused intentionally or through gross negligence.

(2) In cases of slight negligence, the provider is liable only for breach of essential contractual obligations, limited to foreseeable damage typical of the contract and capped at the fees paid by the customer in the preceding 12 months.

(3) Liability for data loss is limited to the typical recovery cost that would have arisen if the customer had made regular backups.

(4) The provider expressly excludes liability for:

• Incorrect tax, legal or business decisions made by the customer
• Reliance on AI-generated analyses, text or recommendations without independent review
• Lost profit, lost business opportunities or other indirect loss
• Reputational or non-material damage
• Damage caused by third parties where the provider has taken appropriate security measures

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

Section 10a. Third-party services and integrations

(1) BeStride supports connections to third-party services. The following integrations are initially offered: Stripe (payment processing, an essential platform component) and Lexoffice/Lexware (optional accounting integration, only when connected).

(2) Third-party services are governed by their respective terms. The provider is not responsible for their availability, functionality or privacy practices.

(3) The provider is not liable for damage caused by third-party outages, API changes or data loss.

Section 10b. Artificial intelligence and agent applications

(1) BeStride uses AI functions for offer development, page creation, text, analysis and recommendations. These provide assistance only and do not replace human judgement.

(2) Actions affecting external parties (such as publishing a page, sending messages to others or submitting official forms) are performed only after the user's express confirmation. Preparatory actions without external effects may be performed independently, with the user informed.

(3) Pages and applications created by the AI agent undergo multiple security checks (static scanning, moderation and review) and are published only after the user's express approval. Generated code runs on an isolated sites subdomain and has no access to internal platform systems.

(4) AI-generated content is provided without warranty. The provider does not warrant the accuracy, completeness or fitness for a particular purpose of AI-generated analyses, text or recommendations.

(5) Automated classifications, such as receipt scanning or contact scoring, are visible and can be corrected manually at any time. The platform does not make legally binding automated decisions under Article 22 GDPR; a person confirms the decision.

(6) The transparency obligations under Article 50 of the EU AI Act are observed; AI-generated content is identified as such in the platform.

(7) The provider is not liable for decisions made on the basis of AI recommendations.

Section 10c. Force majeure

The provider is not liable for failure to perform where this results from circumstances beyond its reasonable control, including natural disasters, epidemics, war, terrorism, sabotage, power outages, cyberattacks, official measures, strikes or failure of essential cloud infrastructure. Agreed deadlines are extended accordingly.

Section 10d. Customer responsibilities

(1) The customer is solely responsible for:

• The accuracy, completeness and lawfulness of all data entered
• Compliance with all applicable statutory requirements, including tax, commercial and data protection law
• Regular backups of their data
• Reviewing documents generated by the software before sending them
• Obtaining professional advice on tax, legal or business questions

(2) The customer indemnifies the provider against third-party claims arising from a breach of these obligations, including reasonable legal defence costs.

Section 10e. Beta functions

(1) Some functions may be offered as beta features. They are provided as is, without warranty, and may be changed or removed at any time.

(2) Liability for beta functions is excluded to the extent permitted by law.

Section 11. Changes to these Terms

(1) The provider may amend these Terms where necessary because of changes in law, technical developments or new functions.

(2) Changes will be communicated to the customer in text form, by email or a notice in the software, at least 30 days before taking effect.

(3) Amended Terms take effect only with the customer's active consent. Silence does not constitute consent. If the customer does not agree, the existing contract continues under its previous terms until the next available ordinary termination date.

Section 12. Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The courts of Freiburg im Breisgau have jurisdiction over disputes arising from this contract if the customer is a merchant or has no general place of jurisdiction in Germany.

(3) If a provision is invalid or unenforceable, the remaining provisions remain valid.

(4) Amendments and additions must be in text form; email is sufficient.

Section 13. Dispute resolution

(1) The European Commission provides information about out-of-court consumer dispute resolution at: Consumer redress in the EU.

(2) The provider is neither obliged nor willing to participate in proceedings before a consumer dispute resolution body (section 36 VSBG).