Legal information

Privacy Policy for the Skinalyse App

Introduction

With this privacy policy, we inform you about the scope of the processing of your personal data (hereinafter referred to as 'data').

1 Responsible for Data Processing

1.1 The person responsible for data processing in accordance with the provisions of the General Data Protection Regulation (DSGVO) is: AI BeautyXpert GmbH Nordring 33 68269 Grünstadt Phone: 017630496299 Email: info@skinalyse.de

2 General Information on Data Processing

2.1 We process data as part of our business and website operations. This also includes disclosure by transfer to third parties and, if necessary, to so-called third countries outside the European Union ('EU') and the European Economic Area ('EEA'). To the extent that we transfer data outside the EU or EEA, we have marked this accordingly below.

3 Data Processing When Downloading the App

3.1 When you download the app, certain data about you will be transmitted to the relevant Apple App Store or Google Play Store, depending on the provider and the contract concluded between you and the provider. In particular, it may include data such as your email address, surname, first name, telephone number, and, if applicable, company name, as well as the time of download.

3.2 We have no influence on the collection and processing of this data, but rather it is carried out exclusively by the Apple App Store or Google Play Store selected by you as the controller. Accordingly, we are not responsible for this collection and processing.

4 Data Processing When Using the App

4.1 When using the app, we collect certain data about you that is necessary for the operation of the app: - Device information: Access data includes IP address, device ID, device type, device-specific settings and app settings, as well as app properties, the date and time of retrieval, time zone, the amount of data transferred, and whether the data exchange was com-plete, app crash, browser type, and operating system. These access data are processed in order to technically enable the operation of the app. - Data you provide to us: The use of the App requires the creation of a user account. For this purpose, we process your first name, last name, telephone number, e-mail address and com-pany name. - Information with your consent: We process other information if you allow us to do so. The legal basis for data processing is the performance of the contract between you and us in accordance with Art. 6 para. 1 b) DSGVO. Furthermore, we collect this data if this is necessary for the functionality of the app and your interest in the protection of your per-sonal data does not outweigh this in accordance with Art. 6 para. 1 f) DSGVO or if you are involved in the collection and processing pursuant to Art. 6 para. 1 a) DSGVO.

4.2 If you use a storage space provided by us to store the data you generate with the app, we make this available via the Microsoft cloud service "Azure" of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. The legal basis for data processing is the performance of the contract between you and us in accordance with Art. 6 para. 1 b DSGVO and Art. 6 para. 1 f) DSGVO our overriding legitimate interest in providing optimal storage space. Microsoft has contractually committed itself to us to carry out data processing exclusively within the EU. However, to the extent that data transfers to the USA are possible, Mi-crosoft is certified under the EU-US Data Privacy Framework and is therefore subject to the EU Commission's adequacy decision for data transfers to the USA. Since Microsoft processes the data on our behalf, we have concluded a corresponding contract in accordance with Art. 28 DSGVO.

4.3 You use our App as Software as a Service (SaaS) in accordance with the contract concluded with us for the performance of skin analyses on your end customers. Insofar as you process personal data (such as facial photos) of your end customers in the app, AI BeautyXpert is your processor in accordance with Art. 28 DSGVO and carries out data processing exclusively on your instructions. For this purpose, we conclude an order processing agreement with you in accordance with the appendix. You use and operate the App as a controller in accordance with Art. 4 No. 7 DSGVO. Data from end customers, in particular facial photos in the context of performing skin analyses, is collected and processed exclusively by you, but not by AI BeautyXpert. You will ensure that your end customers are properly informed about data processing via data protection information in accordance with Art. 13 DSGVO. In particular, you will inform your end customer about the purposes and duration of the data processing and whether data will be passed on to third parties.

5 Contact

If you contact us, we will process the following data from you for the purpose of processing and processing your request: name, contact details - if provided by you - and your message.

6 Contract

6.1 We process your contract data for the purpose of providing services and processing the contractual relationship between you and us. According to Art. 6 para. 1 b) DSGVO, the legal basis for data processing is the fulfilment of our contractual obligations and, in individual cases, the fulfilment of our legal obliga-tions in accordance with Art. 6 para. 1 c) DSGVO. We receive your transaction data (name, date of conclusion of the contract and amount) from the Apple App Store or Google Play Store you have chosen to download the app.

7 Direct Advertising for Existing Customers

In order to provide you with regular information about our company and offers, we offer to send you an e-mail newsletter. With your newsletter registration, we process the data you entered when registering (e-mail address and other voluntary information). To prevent misuse, we will send you an e-mail after your registration asking you to con-firm your registration (double opt-in procedure). In order to be able to prove the registra-tion process in accordance with the law, your registration will be logged. The registration and confirmation time as well as your IP address are affected. The legal basis for sending the newsletter is your consent in accordance with Art. 6 para. 1 a) DSGVO. The data processing in connection with the sending of the confirmation e-mail for your registration and the associated data logging is carried out in accordance with Art. 6 para. 1 f) DSGVO on the basis of our legitimate interest in proving your proper registration.

8 Duration of Data Storage

8.1 We only store personal data for as long as is necessary for the purposes for which it is processed or for as long as a consent you have given has been withdrawn by you. Inso-far as statutory retention obligations must be observed, the storage period for certain da-ta can be up to 10 years, regardless of the purposes of processing.

9 Your Rights as a Data Subject

9.1 If you wish, you will receive information about all personal data that we have stored about you at any time free of charge.

9.2 Correction, deletion, restriction of processing (blocking), objection: If you no longer agree to the storage of your personal data or if it has become incorrect, we will arrange for the deletion or blocking of your data or make the necessary corrections (to the extent possible under applicable law) upon a corresponding instruction. The same applies if we are to process data only restrictively in the future. You have a right to object in particular in cases in which your data is necessary due to the performance of a task that is in the public interest or the data processing is carried out on the basis of our legitimate interest, as well as profiling based on this. You are also entitled to such a right of objection in the case of data processing for the purpose of direct marketing.

9.3 Right of revocation in the case of consent with effect for the future: You can revoke your consent at any time with effect for the future. Your revocation does not affect the lawfulness of the processing up to the time of the revocation.

9.4 Data portability: If data processing is carried out on the basis of a contract, pre-contractual negotiations, consent or with the help of automated processes, you have the right to data portability. Upon request, we will provide you with your data in a common, structured and machine-readable format so that you can transmit the data to another controller if you wish.

9.5 Restriction of processing: Data for which we are not able to identify the data subject, e.g. if it has been anonymised for analysis purposes, is not covered by the above rights. You may be able to access, delete, block, correct or transfer this data to another company if you provide us with additional information that allows us to identify it.

9.6 Exercising your rights as a data subject and the right to lodge a complaint: If you have any questions about the processing of your personal data, if you have any questions about the processing of your personal data, if you have any information, if you wish to have your data corrected, you will have access to the person responsible referred to in section 1.

9.7 You also have the option of complaining to a supervisory authority about your rights as a data subject.

Appendix - Agreement pursuant to Art. 28 DSGVO on the processing of personal data

Agreement pursuant to Art. 28 DSGVO on the Processing of Personal Data

1 General

1.1 AI BeautyXpert grants the Customer the use of the App on the basis of a contract under Section A ("Main Agreement"). In doing so, AI BeautyXpert processes personal data of end customers, for which the customer is responsible within the meaning of the DSGVO or data protection regulations.

1.2 The present agreement pursuant to Section B on order processing ("DPA") specifically regulates the respective associated data protection obligations. This DPA is an annex and an integral part of the main contract. In cases of contradiction, the provisions of this AVV shall take precedence in case of doubt.

2 Scope of the Assignment

2.1 The provisions of this DPA shall apply whenever AI BeautyXpert receives access/access to personal data ("Data") for which the Customer is responsible within the meaning of the data protection regulations in the context of its main contractual provision of services. In these cases, AI BeautyXpert processes data on behalf of and in accordance with the instructions of the customer within the meaning of Art. 28 DSGVO (order processing). The customer remains the controller in the sense of data protection law. In this respect, the customer is responsible for compliance with all data protection regulations, in particular the DSGVO, but also for ensuring that the statutory rights of data subjects in connection with personal data are complied with.

2.2 Data processing by AI BeautyXpert is carried out in the manner, scope and for the purpose specified below: (a) Type and purpose of the intended processing: Implementation of a skin analysis, based on a portrait photo of the end customer taken by the app. (b) Types of personal data: Image data: Portrait photo of the end customer; Facts about the end customer's facial skin with the resulting care recommendation. (c) Categories of data subjects: The categories of data subjects for the processing: Customers.

2.3 The duration of the processing corresponds to the duration of the main contract.

2.4 The data transfer from the customer to AI BeautyXpert is encrypted via the app via Hypertext Transfer Protocol Secure (HTTPS).

2.5 AI BeautyXpert reserves the right to anonymize or aggregate the data so that it is no longer possible to identify individual data subjects, and to use it in this form for the purpose of needs-based design, further development and optimization as well as the provision of the service agreed in accordance with the main contract. The parties agree that anonymized or aggregated data pursuant to the above shall no longer be considered personal information for the purposes of this Agreement.

2.6 Data processing by AI BeautyXpert generally takes place within the European Union (EU) or in another contracting state of the Agreement on the European Economic Area (EEA). AI BeautyXpert is nevertheless permitted to process customer data outside the EEA in compliance with the provisions of this DPA, provided that it informs the customer in advance of the place of data processing and the requirements of Art. 44 - 48 DSGVO are met or an exception under Art. 49 DSGVO applies.

3 Customer Responsibility

3.1 The customer is solely responsible for the lawfulness of the processing of the data and for safeguarding the rights of the data subjects in the relationship between the parties.

3.2 It is the customer's responsibility to provide AI BeautyXpert with the data in a timely manner for the provision of services under the main contract. The customer must inform AI BeautyXpert immediately and completely if he discovers errors or irregularities with regard to data protection regulations or his instructions during the examination of AI BeautyXpert's performance.

4 Customer's Authority to Issue Instructions

4.1 The customer has a comprehensive right to give instructions to AI BeautyXpert with regard to processing on behalf of the customer.

4.2 AI BeautyXpert processes the data in accordance with the instructions of the customer, unless AI BeautyXpert is legally obliged to process it otherwise. In the latter case, AI BeautyXpert will communicate these legal requirements to the customer in text form before processing, unless the relevant law prohibits such communication due to an important public interest.

4.3 If AI BeautyXpert is of the opinion that an instruction of the Customer violates this DPA or the applicable data protection law, it is obliged to inform the Customer of this immediately. If a corresponding notification is given to the customer, AI BeautyXpert is entitled to suspend the execution of the instruction until it has been confirmed by the customer. The parties agree that the sole responsibility for the processing of the data in accordance with the instructions lies with the customer.

5 Requirements for AI BeautyXpert Staff

5 In order to fulfil its obligations, AI BeautyXpert will only use persons who have committed themselves to confidentiality or are subject to appropriate legal confidentiality.

6 Involvement of Subcontractors

6.1 AI BeautyXpert is authorized to establish subcontracting relationships with subcontractors ("Subcontractor Relationship") within the scope of its contractual obligations. AI BeautyXpert must ensure that the provisions agreed in this contract also apply to the subcontractors commissioned by it, whereby the customer is to be granted all control rights vis-à-vis the subcontractor in accordance with Section 8 of this DPA.

6.2 In justified cases, the customer can object to the establishment of a subcontractor relationship.

6.3 There is a subcontractor relationship within the meaning of these provisions with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA, which provides the Microsoft cloud service "Azure". Data processing takes place exclusively within the EU. The Customer hereby expressly declares its consent to these subcontractors.

6.4 AI BeautyXpert must regularly (i.e. at least once a year) check compliance with the obligations of the subcontractors used in an appropriate form, if necessary by means of certifications.

7 Security of Processing (Technical-Organizational Measures)

7.1 AI BeautyXpert will design its internal organization in such a way that it meets the special requirements of data protection and undertakes to take all appropriate technical and organizational measures for the appropriate protection of customers in accordance with Art. 32 DSGVO and to maintain them for the duration of the processing of customer data. AI BeautyXpert will provide customers with an overview of the measures taken under this DPA upon request.

7.2 AI BeautyXpert reserves the right to change the technical and organizational measures taken, ensuring that the contractually agreed level of protection is not undercut. AI BeautyXpert must inform the customer immediately if it has reason to believe that the measures according to Section 7.1 are no longer sufficient and will take appropriate technical and organizational measures.

8 Control Rights

8.1 The Customer shall be entitled to regularly satisfy himself that the provisions of this contract have been complied with, in particular the implementation and compliance with the technical and organizational measures pursuant to Section 7 of this DPA. For this purpose, he can, for example, obtain information from AI BeautyXpert, have any existing attestations submitted to him by experts, certifications or internal tests, or have the technical and organizational measures of AI BeautyXpert checked personally or by a knowledgeable third party during normal business hours, provided that the latter is not in a competitive relationship with AI BeautyXpert. Customer will only carry out checks to the extent necessary and will show reasonable consideration for AI BeautyXpert's operations. The parties shall agree on the time and type of examination in good time.

8.2 The customer documents the control result and communicates it to AI BeautyXpert. In the event of errors or irregularities that the Customer discovers, in particular during the examination of order results, the Customer must inform AI BeautyXpert immediately. If facts are discovered during the inspection whose future avoidance requires changes to the ordered procedure, the customer shall immediately notify AI BeautyXpert of the necessary procedural changes.

9 Rights of Data Subjects

9.1 AI BeautyXpert will, where necessary, support the customer with technical and organizational measures to comply with its obligation to respond to requests to exercise the rights of data subjects to which they are entitled.

9.2 AI BeautyXpert will only provide information to third parties or the data subject after prior consent by the customer. Inquiries addressed directly to AI BeautyXpert will be forwarded to the customer immediately.

9.3 AI BeautyXpert will provide the customer with information about the stored data, the recipients of data to whom AI BeautyXpert passes it on in accordance with the order, and the purpose of the storage, if the customer does not have this information itself or can obtain it itself.

9.4 AI BeautyXpert will enable the customer to correct, delete or restrict further processing of customer data within the scope of what is reasonable and necessary or, at the request of the customer, to correct, block or restrict further processing itself, if and to the extent that this is impossible for the customer itself.

9.5 AI BeautyXpert ensures that it can hand over to the customer the entire data record stored on a data subject in a structured, common and machine-readable format to be determined by the customer on a case-by-case basis.

10 Other Obligations of AI BeautyXpert

10.1 AI BeautyXpert is obliged to keep a register of all categories of processing activities carried out on behalf of the customer in accordance with Art. 30 para. 2 DSGVO. The list must be made available to the customer upon request.

10.2 AI BeautyXpert is obliged to support the customer in the preparation of a data protection impact assessment in accordance with Art. 35 DSGVO and any prior consultation of the supervisory authority in accordance with Art. 36 DSGVO.

10.3 The costs for any expenses in accordance with Section 10.2 shall be borne by the Customer.

11 Data Deletion

11.1 AI BeautyXpert will delete the personal data after the generation of the skin analysis when the customer leaves the view on the analysis result.

11.2 Documentation that serves to prove the orderly and proper processing of customer data may be retained by AI BeautyXpert even after the end of the contract.

12 Contract Duration and Termination

12.1 The term and termination of this DPA are governed by the provisions on the term and termination of the main contract. Termination of the main contract automatically results in termination of this contract. An isolated termination of this contract is excluded.

13 Liability

13.1 The liability of AI BeautyXpert and the customer is based on Art. 82 DSGVO.

13.2 AI BeautyXpert and the customer each indemnify themselves from liability if a party proves that it is not responsible in any respect for the circumstance by which the damage occurred to a data subject. This shall also apply mutatis mutandis in the event of a fine imposed on AI BeautyXpert or the Customer, whereby the exemption shall be granted to the extent that the respective other party shares responsibility for the violation sanctioned by the fine.

14 Final Provisions

14.1 This Agreement is governed by German law. The place of jurisdiction is the registered office of AI BeautyXpert. However, AI BeautyXpert is also entitled to bring an action at the customer's general place of jurisdiction in all cases. Overriding statutory provisions, in particular exclusive competences, shall remain unaffected.

14.2 The defence of the right of retention pursuant to § 273 BGB is excluded with regard to the processed data.

14.3 Should individual provisions of this GCU be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with such a legally permissible provision that comes as close as possible to the purpose of the invalid provision and thereby satisfies the requirements of Art. 28 DSGVO.

14.4 In the event of any contradiction between this GCU and other agreements between the parties, in particular the main contract, the provisions of this contract shall prevail.

Terms & Conditions

1 General, Scope of Application

1.1 These General Terms and Conditions ("GTC") apply to all services provided by AI BeautyXpert GmbH, represented by its managing directors Dr. Andreas Tenten and Andrea Tenten, Nordring 33, 68269 Grünstadt (hereinafter referred to as "AI BeautyXpert" or "we") in connection with the use of the skin analysis app "skinalyse" ("App") by the customer.

1.2 The GTC only apply if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

1.3 The GTC shall apply in the version valid at the time of conclusion of the contract with the customer. Individual agreements take precedence over the provisions in these T&Cs.

1.4 These T&Cs apply exclusively. We will not recognise any deviating terms and conditions of the customer unless we have agreed to their validity in writing. Our terms and conditions also apply if we perform the service unconditionally in knowledge of the customer's deviating terms and conditions or if the customer has expressly referred to its own terms and conditions.

1.5 All agreements made between AI BeautyXpert and the Customer for the purpose of executing this Agreement shall be set forth in writing. This applies in particular to the assumption of guarantee declarations.

1.6 These Terms and Conditions shall also apply to all future business relationships with the Customer, even if they are not expressly mentioned again in agreements.

1.7 Offers from AI BeautyXpert are always subject to change and non-binding, unless they are marked as binding offers.

1.8 In accordance with Section 312 i (2) sentence 2 of the German Civil Code (BGB), it is agreed that the customer waives the fulfilment of the information obligations in electronic business transactions pursuant to Section 312 i (1) Nos. 1 - 3 BGB.

2 Object of Agreement

2.1 AI BeautyXpert has developed software to operate the App that allows Customer to use it in the form of an App Software-as-a-Service ("SaaS" or "SaaS Service"). The customer also posts its own usage content ("end customer data") there.

2.2 The subject of the contract is: - The rental of the App to the Customer for use via the Internet for the purpose of carrying out a skin analysis and, if necessary, skin improvement monitoring for end customers in accordance with Section 3 of these Terms and Conditions; - The provision of computing power and storage space by AI BeautyXpert to the Customer in accordance with Section 4 of these Terms and Conditions; - "Customer" is the person who uses the app as a SaaS service and uses it to process data from its "end customers". In this respect, AI Expert acts as a processor in accordance with Section 13.3 of these GTC on the instructions of the Customer.

2.3 The establishment and maintenance of the data connection between the customer's device and the servers of AI BeautyXpert are not part of the service.

2.4 The source code of the app is also not the object of the service.

3 Provision of the App

3.1 For the duration of this contract, the app will be made available to the customer via the Internet via download via the Apple App Store and Google Play Store for a fee. The app will go live as soon as the setup has been approved by the customer. AI BeautyXpert may optionally provide additional or newly created functionality during the course of the contract against payment of additional remuneration. This also falls within the scope of this contract if ordered by the customer.

3.2 The app can be used by the customer via mobile devices. For use, the customer must establish a data connection to the AI BeautyXpert servers.

3.3 If the customer's end customer so wishes, his data, including his facial image and the analysis results, will not be transferred to the memory in accordance with Clause 4 and processed there, but will remain on the customer's end device and can be deleted there immediately after the analysis has been carried out.

3.4 During the term of the contract, AI BeautyXpert will adapt the app to market-relevant technical changes (e.g. new versions of operating systems) as necessary. However, the customer is not entitled to any specific improvements or extensions. Should the Customer require adjustments due to new or changed requirements, AI BeautyXpert may offer these to the Customer for a fee on the basis of a separate agreement.

3.5 The app is available in German. AI BeautyXpert may optionally offer additional languages for the user interface, but is not obligated to do so.

4 Provision of Storage Space

4.1 The customer is provided with the required storage space for storing the data generated by the app or end customer data.

4.2 AI BeautyXpert ensures that the data transferred to the storage space can be accessed via the Internet in the app.

4.3 AI BeautyXpert takes appropriate precautions against data loss and to prevent unauthorized access to the customer's data by third parties. To this end, AI BeautyXpert will take commercially available safety precautions to an appropriate extent.

4.4 AI BeautyXpert backs up the customer's data through daily backups on a redundant backup system. The backups are made incrementally and retained for 7 days. After the retention period expires, the oldest backup is deleted daily.

4.5 If the installation of a backup becomes necessary due to the fault of the customer, the customer must reimburse AI BeautyXpert for the expenses incurred as a result.

5 Support

5.1 AI BeautyXpert accepts inquiries from the customer about the operation of the app by e-mail on weekdays (Mon-Fri) between 9 a.m. and 6 p.m. CET and will answer them promptly if possible.

5.2 Statutory national holidays, public holidays in Rhineland-Palatinate and the period from 23 December to 06 January are not considered support times.

6 Rights of Use to the Customer App

6.1 The Customer is granted the non-exclusive, non-sublicensable right to access the App via the Internet and to use it as intended, which is limited in time for the term of this Agreement.

6.2 The customer grants AI BeautyXpert the rights of use necessary for the execution of the contract to the end customer data, which he transfers to the provided storage space in connection with the use of the app. The customer guarantees that he has the appropriate rights to use the end customer data. This includes, in particular, the right to make the data accessible via the Internet in the event of queries and to be able to reproduce and transmit them for this purpose and to reproduce them for the purpose of data backup. In any case, the customer remains the sole owner of the end customer data and the data contained therein.

6.3 The customer himself shall ensure that the consent of his end customers to necessary image rights or the right to his own image is obtained and informs his end customers about the data processing carried out by him in accordance with Art. 13 DSGVO.

7 Interruption/Impairment of Accessibility

7.1 Adjustments, changes and additions to the services covered by the contract as well as measures that serve to identify and eliminate malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.

7.2 The basic functions of the SaaS service are monitored regularly. AI BeautyXpert ensures an annual average availability of the customer app of 98%. Announced maintenance work does not count towards downtime. AI BeautyXpert will endeavor to announce maintenance at least 7 days before it begins.

8 Obligations of the Customer

8.1 The customer undertakes not to store or have stored any illegal content that violates the laws, official requirements or rights of third parties on the storage space provided.

8.2 The Customer is obliged to prevent unauthorized access by third parties to the protected areas of the App by taking appropriate precautions and to keep his access data confidential accordingly.

8.3 The customer is obliged to check his data and information for viruses or other harmful components before transmission and to use commercially available virus protection programs for this purpose.

8.4 In the event of malfunctions, functional failures or impairments of the App, the Customer is obliged to inform AI BeautyXpert immediately and as precisely as possible. If the customer fails to make such a notification, § 536c BGB shall apply accordingly.

8.5 In the event of a violation of the above Sections 8.1 – 8.4, AI BeautyXpert is entitled to immediately block the App and, if necessary, terminate the contract extraordinarily.

9 Remuneration

9.1 For the provision of the Customer App, the granting of the storage space and the execution of all maintenance work as well as the necessary updates, the Customer undertakes to pay the remuneration resulting from the offer.

9.2 All price information and agreements are in euros and do not include the statutory value added tax applicable at the time the service is provided.

9.3 AI BeautyXpert is entitled to increase the monthly remuneration with a notice of two months.

10 Warranty/Liability

10.1 In accordance with the rules of tenancy law, AI BeautyXpert provides a guarantee for the agreed quality of the app and for the fact that the use of the app by the customer to the contractual extent does not conflict with the rights of third parties.

10.2 In the event of material defects, AI BeautyXpert will, at its discretion, either provide the customer with a new, defect-free version of the app or remedy the defect within a reasonable period of time. AI BeautyXpert can show the customer reasonable ways to avoid the effects of the defect (workaround). A workaround can extend the reasonable deadline for remedying the defect.

10.3 In all cases of contractual and non-contractual liability, AI BeautyXpert will pay damages exclusively in accordance with the following limits: (a) in the event of intent and gross negligence, without restriction; (b) in the case of slight negligence, only due to a breach of a material contractual obligation in the amount of the foreseeable damage typical of the contract;

10.4 The strict liability of AI BeautyXpert pursuant to § 536a para. 1 1st alternative BGB due to defects that already exist at the time of conclusion of the contract is excluded.

10.5 The limitations of liability in accordance with the above paragraphs do not apply to liability for personal injury and to liability under the Product Liability Act.

11 Force Majeure

11.1 AI BeautyXpert is exempt from the obligation to perform under this contract insofar as the non-performance of services is due to the occurrence of force majeure circumstances after the conclusion of the contract.

11.2 Circumstances of force majeure include, for example, war, strikes, riots, expropriations, cardinal changes in law, storms, floods and other natural disasters, as well as pandemics or other circumstances for which AI BeautyXpert is not responsible.

11.3 Each party to the contract must immediately inform the other party in writing of the occurrence of a case of force majeure.

12 Term and Termination

12.1 The contract begins with the conclusion of the successful payment via the Apple App Store or Google Play Store. The term of the contract results from the underlying offer. The contract is extended for another month at a time if it is not terminated beforehand.

12.2 The customer has the right to terminate the contract on a monthly basis. The notice of termination must be made in text form. An email meets this requirement.

12.3 The right of the parties to extraordinary termination for good cause remains unaffected. Good cause for extraordinary termination exists in particular if: (a) a party repeatedly violates essential contractual obligations under this contract despite a warning; (b) either party commits an act of tort in connection with this Agreement; (c) one of the parties ceases business operations in whole or in part, and the continued operation is not secured by a direct legal successor.

12.4 With the termination of the contract, for whatever reason, the contractual rights of use of the customer end.

13 Confidentiality and Data Protection

13.1 AI BeautyXpert and the Customer undertake to keep confidential all information received or becoming known to them by the other party prior to or during the performance of the Agreement in relation to the Agreement or its performance that is legally protected or contains business or trade secrets or is designated as confidential, even after the end of the Agreement, unless: they are publicly known without violating the duty of secrecy. The contracting parties shall instruct their employees and other persons employed about the need for confidentiality of the information.

13.2 AI BeautyXpert and the customer undertake to comply with the data protection regulations, in particular the General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG). If the customer collects, processes or uses personal data, he guarantees that he is entitled to do so in accordance with the applicable data protection regulations and, in the event of a violation, indemnifies AI BeautyXpert against any claims by third parties.

13.3 With regard to the processing of personal data of the customer's end customers on the provided storage space in the context of the use of the SaaS service, the parties enter into a contract processing agreement in accordance with Section B. In this respect, AI BeautyXpert is a processor for the customer in accordance with Art. 28 DSGVO and acts exclusively on the instructions of the customer, who uses and oper-ates the app as a controller in accordance with Art. 4 No. 7 DSGVO. Data from end cus-tomers, in particular facial photos in the context of performing skin analyses, is collected exclusively by the customer, but not by AI BeautyXpert. The customer shall ensure that the end customer is properly informed about the data processing by means of data pro-tection information in accordance with Art. 13 DSGVO. The customer informs the end customer in particular about the purposes and duration of the data processing and whether data will be passed on to third parties.

14 Applicable Law, Place of Jurisdiction

This Agreement is governed by German law. For disputes arising from this contract, the exclusive place of jurisdiction is the registered office of AI BeautyXpert. However, AI BeautyXpert is also entitled to bring an action at the customer's general place of jurisdiction in all cases. Overriding statutory provisions, in particular exclusive competences, shall remain unaffected.

15 Other

15.1 No verbal ancillary agreements have been made. Changes, additions and additions to this contract are only valid if they are agreed in writing between the contracting parties. This also applies to the amendment of the written form clause itself.

15.2 Should any provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties are obliged to replace the invalid provision with an effective provision that comes as close as possible to the economic purpose of the invalid provision. The same applies in the event of a gap in the contract.