Terms of Service – Use of the “Stella AI” Software
1. Scope
These Terms of Service (ToS) govern the use of the cloud-based software “Stella AI” by business customers under a Software-as-a-Service (SaaS) model. The software is provided by:
Woow Club GmbH
Kaiserdamm 87, 14057 Berlin, Germany
(hereinafter referred to as the “Provider”)
Conflicting or deviating terms and conditions of the Customer shall not apply unless expressly accepted in writing by the Provider.
2. Description of Services
2.1 The Provider grants the Customer access to “Stella AI”, an AI-powered solution for analysis-based product consultation and recommendation, primarily designed for brands and retailers in the beauty sector.
2.2 The software is operated in the cloud and made available via the Internet. Access is granted through a secure connection using a web browser.
2.3 The current scope of functionality is described in the Provider’s latest product documentation. The Provider continuously improves the software and will inform the Customer in advance of significant changes.
2.4 Updates and maintenance are typically scheduled between 10:00 PM and 7:00 AM. Temporary unavailability during these times may occur.
3. Term and Termination
3.1 The term of use is defined in the individual agreement.
3.2 Both parties may terminate the agreement for cause with immediate effect.
3.3 The right to extraordinary termination due to material breach remains unaffected.
4. Fees and Payment
4.1 Fees are based on the selected subscription package as outlined in the individual agreement.
4.2 All prices are exclusive of the applicable statutory VAT.
4.3 Invoices are payable within 7 business days after receipt without deduction.
5. Rights of Use
5.1 The Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable right to use the software for the term of the agreement.
5.2 The software remains on the Provider’s servers. No physical copy is provided.
5.3 The software may only be used for the Customer’s internal business purposes. Distribution, rental, sublicensing, or making the software publicly available is strictly prohibited.
5.4 The Customer is not permitted to use data generated via the software to develop or improve similar or competing products, services, or APIs.
5.5 The software must not be used for unlawful purposes or in any way that could damage or impair the Provider or its services.
6. Customer Obligations
6.1 The Customer must protect access credentials from unauthorized use.
6.2 The Customer is responsible for ensuring that its technical systems meet the minimum system requirements.
6.3 The Customer is solely responsible for the accuracy, lawfulness, and backup of the data it enters into the software.
6.4 The Customer shall refrain from any actions that could compromise the security or stability of the software.
6.5 Any defects or service disruptions must be reported to the Provider without delay in written form (email is sufficient).
7. Breach and Liability
7.1 In cases of serious or repeated breaches of these ToS, the Provider reserves the right to suspend access or terminate the agreement without notice.
7.2 The Customer agrees to indemnify and hold the Provider harmless from any third-party claims arising from unlawful use of the software or data.
7.3 The Provider is fully liable for damages caused by intent or gross negligence, as well as for injury to life, body, or health.
7.4 For damages caused by slight negligence in breach of essential contractual obligations (cardinal duties), liability is limited to typical foreseeable damages.
7.5 The Provider shall not be liable for data loss resulting from insufficient backup by the Customer.
8. Availability and Support
8.1 The Provider ensures an average annual availability of 99.5%, excluding maintenance, force majeure, and circumstances beyond the Provider’s control.
8.2 The Provider offers support as follows:
Email: support@askstella.ai
Phone: +49 151 2307 3434
Support requests are handled during regular business hours.
9. Data Protection and Security
9.1 Both parties commit to compliance with applicable data protection laws, especially the General Data Protection Regulation (GDPR).
9.2 The parties are joint controllers pursuant to Art. 26 GDPR in relation to the processing of personal data within the Stella AI tool. Details are regulated in a separate Joint Controller Agreement, available upon request.
9.3 The Provider stores personal data exclusively on servers located in the EU and implements technical and organizational measures (TOMs) in accordance with Art. 32 GDPR, including:
Role-based access control
Two-factor authentication
TLS/SSL encryption
Regular data backups
Firewalls and security patches
10. Reference Usage
The Provider may use the Customer’s name and logo in reference lists (e.g., on the website, in presentations, and sales materials). The Customer may revoke this consent at any time with future effect.
11. Confidentiality
Both parties agree to maintain confidentiality with respect to all information marked or understood as confidential during the term of the agreement and beyond.
12. Final Provisions
12.1 These ToS are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 The place of jurisdiction for all disputes arising from or in connection with this agreement shall be Berlin, Germany, if the Customer is a merchant.
12.3 Amendments and supplements to these ToS must be made in writing. This also applies to any waiver of the written form requirement.
12.4 If any provision of these ToS is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties will replace the invalid provision with a valid one that most closely reflects the original intent.