Terms of Service

(1) These Terms of Service (“Terms”) govern the contractual relationship between Postera Capital GmbH, Wilhelm-Tell-Str. 26, 40219 Dusseldorf, Germany, registered in the Commercial Register of the Local Court Dusseldorf under HRB 81270, VAT identification number DE317099338, represented by managing director(s) Martin Schmidt and Nicolas Biagosch (“Augmento”, “we”, “us”) and the user (“you”, “User”) for access to and use of the Augmento platform accessible at augmento.ai (the “Service”). Our imprint (Impressum) is available at augmento.ai/imprint.

(2) These Terms apply to all Users unless a separate written agreement supersedes them. Differing or supplementary terms of the User shall not apply unless Augmento has expressly agreed to them in writing.

(3) These Terms apply to both consumer Users (“B2C”) and business Users (“B2B”). Where a User is a consumer within the meaning of § 13 BGB or a consumer habitually resident in the European Union or the United Kingdom acting outside their trade or profession (“Consumer”), the additional consumer-protective provisions designated throughout these Terms apply. Where a User is an entrepreneur (Unternehmer) within the meaning of § 14 BGB or a business User contracting in the course of their trade or profession, the provisions applicable to business users apply. For the avoidance of doubt, Consumer provisions do not apply to business entities or to individual Users contracting in a professional capacity, including Users accessing the Service on behalf of a fund, asset manager, trading desk, research firm or similar institution, regardless of the User’s country of residence.

(4) Users based outside the European Union and the United Kingdom: Business Users habitually resident or incorporated outside the EU/UK, in particular Users based in the United States, acknowledge that the consumer-protection provisions in §§ 6 and 7 of these Terms do not apply to them. For dispute resolution, such Users and Augmento may agree by mutual written consent on an alternative jurisdiction, without prejudice to the governing-law clause in § 23(1).

(5) The current version of these Terms is always available at augmento.ai/terms.

(1) Augmento is a data analytics platform that aggregates, processes and normalises publicly available social media data from third-party platforms (currently X / Twitter, Reddit and Bitcointalk; subject to change) and applies proprietary AI-driven natural language processing to generate crypto-asset sentiment scores, indices and related derived data (“Sentiment Data” or “Data”). The Service is provided via a web dashboard, REST API and CSV exports. The Service provides only processed, aggregated Sentiment Data derived from publicly available social media content. Raw social media posts, user-generated content, user profiles, message threads or any other primary content sourced from third-party platforms (“Raw Platform Data”) are not part of the Service and are not made available to Users under any subscription tier. Any access to Raw Platform Data must be obtained directly and independently from the relevant platform operator under that operator’s own terms of service.

(2) The Sentiment Data represents the output of automated statistical and machine-learning processes applied to third-party social media content. It reflects measured social media activity at the time of data collection and is not a representation of actual market conditions, asset values or future performance.

(3) The specific features available to a User depend on the subscription tier selected. Feature descriptions are set out on the pricing page at augmento.ai/pricing. Augmento reserves the right to modify individual features within a subscription tier, provided that the core functionality of the tier is not materially reduced.

(1) Augmento may, at its sole discretion, grant selected prospective Institutional-tier customers a time-limited, free-of-charge trial access to a restricted subset of Sentiment Data (“Trial Access”). The scope and duration of any Trial Access will be confirmed in writing.

(2) Trial Access creates no entitlement to enter into a commercial subscription, to any particular data quality or to access additional datasets. Augmento may terminate Trial Access at any time without notice or reason.

(3) Sentiment Data provided during Trial Access is subject to the same usage and confidentiality restrictions as commercial subscription data under §§ 8 and 17 of these Terms.

(1) Use of the Service requires registration with a valid email address and the creation of a password. You must provide accurate, complete and current information. You are responsible for maintaining the confidentiality of your login credentials and API keys. You must not share your account or API keys with third parties.

(2) You must notify us immediately at [email protected] of any suspected unauthorised use of your account.

(3) Each User may maintain only one account. Multiple accounts per individual or entity require Augmento’s prior written consent.

(4) We reserve the right to refuse registration or to close accounts at our reasonable discretion, in particular where there are objective grounds to believe that the User is providing false information or intends to misuse the Service.

(1) Basic access to the Service is provided free of charge. Certain premium features require a paid subscription (“Subscription”). The applicable fees (“Subscription Fees”), billing periods and included features are set out on the pricing page at augmento.ai/pricing. For Institutional-tier customers, alternative fee structures — including combinations of recurring fees and equity participation — may be agreed in a separate written agreement, which shall take precedence over these Terms.

(2) Subscription Fees are due in advance for each billing period. Payment is processed by Paddle.com Market Ltd (“Paddle”), who acts as Merchant of Record and handles billing, VAT / sales tax and invoicing. By purchasing a Subscription, you also agree to Paddle’s Consumer Terms of Service, available at paddle.com/legal. Invoices are issued in electronic form.

(3a) Business subscribers: Subscriptions renew automatically at the end of each billing period unless cancelled at least 3 (three) days before the renewal date via the billing portal at augmento.ai/billing.

(3b) Consumer subscribers: Subscriptions renew automatically at the end of each billing period. Augmento will send a reminder email to the registered email address at least 7 (seven) days before each renewal date, stating the renewal date, the applicable Subscription Fee and the cancellation deadline. If Augmento fails to send such notice, the Consumer subscriber may cancel the renewed Subscription with immediate effect at any time following the renewal date.

(3c) Cancellation by Users not subject to § 7: Users who are not EU or UK Consumers may cancel any Subscription at any time via the billing portal at augmento.ai/billing with effect from the end of the current billing period, subject to the 3-day cancellation deadline before renewal in § 5(3a).

(4a) Price adjustments for business subscribers: Augmento may adjust Subscription Fees at any time with 30 (thirty) days’ prior written notice by email, stating the new fee, the effective date and the right to terminate. If the new fee represents an increase exceeding 5% of the current Subscription Fee, the business User has the right to terminate the Subscription with effect from the end of the current billing period by notifying Augmento before the new fee takes effect. If the business User does not terminate within the notice period, the new fee applies from the effective date.

(4b) Price adjustments for Consumer subscribers: Augmento may adjust Subscription Fees for Consumer subscribers at most once per calendar year with 30 (thirty) days’ prior written notice by email. A price increase of any amount entitles the Consumer subscriber to terminate the Subscription with effect from the end of the current billing period by notifying Augmento before the new fee takes effect. Consumer rights under § 7 remain unaffected.

(5) All prices are exclusive of applicable taxes unless otherwise stated. VAT is applied and handled by Paddle in accordance with applicable law.

(6) In the event of late payment, Augmento reserves the right to suspend access to the Service after a grace period of 14 (fourteen) days following a payment reminder, and to charge statutory default interest pursuant to § 288 BGB.

(1) Subscription Fees are non-refundable except: (a) as required by mandatory law; (b) where the Service has been unavailable for a cumulative period exceeding 5 (five) business days within a billing period due to Augmento’s fault; or (c) at Augmento’s sole discretion on a case-by-case basis.

(2) Consumer withdrawal rights are governed by § 7 of these Terms and take precedence over this § 6.

(3) In the event of termination of a paid Subscription by Augmento for reasons other than the User’s breach, Augmento shall refund a pro-rated portion of any prepaid Subscription Fee corresponding to the unused period.

This § 7 applies exclusively to Users who are natural persons acting outside their trade or profession and who are habitually resident in a Member State of the European Union or in the United Kingdom (“Consumers”). It does not apply to business subscribers or to Users habitually resident outside the EU/UK.

(1) Right of withdrawal (Widerrufsrecht): You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason. The withdrawal period starts on the day the contract is concluded (i.e., the day of subscription confirmation).

(2) Waiver of right of withdrawal for digital services already commenced: If you request that the Service commence before the expiry of the withdrawal period, you expressly acknowledge and agree that your right of withdrawal expires upon commencement of the Service. By completing your purchase and ticking the corresponding confirmation box at checkout, you expressly consent to the immediate commencement of the digital service and confirm that you are aware that your right of withdrawal is thereby lost.

(3) To exercise your right of withdrawal, you must notify Augmento (Postera Capital GmbH, Wilhelm-Tell-Str. 26, 40219 Dusseldorf; email: [email protected]) of your decision to withdraw by means of an unequivocal statement before the 14-day period expires. You may use the model withdrawal form set out below, but this is not mandatory.

(4) Effects of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you without undue delay and in any event no later than 14 days from the day on which we are informed of your decision. We will use the same means of payment as you used for the initial transaction, unless expressly agreed otherwise.

§ 8.1 General Licence Grant

Subject to payment of applicable Subscription Fees and compliance with these Terms, Augmento grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service and Sentiment Data strictly in accordance with your subscription tier, as set out in §§ 8.2 and 8.3 below.

§ 8.2 Personal Licence (Tiers: Standard, Advanced, Professional)

(a) The Personal Licence authorises solely the natural person who holds the Subscription account (“Licence Holder”) to use the Sentiment Data.

(b) Permitted use: own internal research, personal investment analysis and personal investment decisions made by the Licence Holder on their own account.

(c) The following uses are expressly not permitted under a Personal Licence:

• sharing the Sentiment Data with any third party, including colleagues, employees or other departments of the same employer or organisation;
• using the Sentiment Data in the development or improvement of products, services or models that are distributed or marketed to third parties;
• feeding the Sentiment Data into systems or workflows accessible to more than one individual;
• using the Sentiment Data in the course of a commercial activity as a signal provider, investment advisor, asset manager or portfolio manager.

(d) Users who wish to use the Sentiment Data in a professional or organisational context require a Commercial Licence (Institutional tier).

§ 8.3 Commercial Licence (Tier: Institutional)

(a) The Commercial Licence authorises the legal entity or registered partnership that holds the Subscription account (“Licensee”) to use the Sentiment Data for its own internal business purposes. The licence does not extend to any parent company, subsidiary, affiliated entity or other legal person connected to the Licensee, regardless of ownership relationship.

(b) Permitted use under a Commercial Licence:

• internal research, analysis and investment decision-making by the Licensee’s own employees, officers, consultants and advisors;
• embedding the Sentiment Data in internal systems, models and workflows of the Licensee;
• internal distribution of Sentiment Data and Generated Content (as defined in § 8.4) to the Licensee’s own employees, officers, consultants and advisors.

(c) The following uses require a separate written distribution or affiliate-licence agreement with Augmento:

• any use of Sentiment Data or Generated Content by a parent company, subsidiary, affiliated entity or joint venture of the Licensee;
• distributing Sentiment Data or Generated Content to unaffiliated third parties;
• embedding the Sentiment Data in products or services delivered to external customers of the Licensee;
• building a database, index or competing service primarily based on the Sentiment Data.

(d) Augmento offers separate licence agreements for multi-entity and group-level usage on request. Please contact [email protected].

§ 8.4 Generated Content

(a) Derived works created by a User using the Sentiment Data — including charts, reports, algorithms, statistical models and trading signals (“Generated Content”) — remain the intellectual property of the User.

(b) The use and distribution of Generated Content is subject to the same restrictions as the Sentiment Data itself: Personal Licence holders may use Generated Content solely for their own purposes; Commercial Licence holders may distribute Generated Content internally within the Licensee entity, but not to any affiliated entity, parent, subsidiary or unaffiliated third party without a separate distribution agreement.

(c) Generated Content must not be used in a manner that discloses the methodology, weighting or composition of Augmento’s Sentiment Data to third parties.

(d) Notwithstanding the above, a Commercial Licence holder may continue to use and retain, internally within the Licensee entity, Generated Content that was lawfully created during the Subscription term, even after the Subscription has ended.

§ 8.5 Non-Exclusivity

The licence granted under this § 8 is non-exclusive. Augmento is entitled to licence Sentiment Data or substantially similar data to other customers without notifying the User.

You agree not to:

• access or query the Service by automated means in excess of your plan’s documented API rate limits, or attempt to circumvent any technical access controls;
• use the Service or Sentiment Data to build or operate a database, index or product that competes with or replicates Augmento’s Service;
• redistribute, resell, sublicence or otherwise make the Sentiment Data or any substantial portion thereof available to third parties, whether directly or indirectly;
• reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code, scoring methodology, weighting models or algorithms of the Service;
• use the Service or Sentiment Data in connection with market manipulation, front-running or any conduct that violates applicable financial market regulations, including the EU Market Abuse Regulation (MAR, EU 596/2014) or the EU Markets in Crypto-Assets Regulation (MiCA, EU 2023/1114);
• use the Service or Sentiment Data in any way that violates applicable laws, including sanctions regulations, anti-money laundering laws, data protection laws or export control regulations;
• introduce malicious code, viruses, bots or any automated mechanism designed to overload, disrupt or harm the Service;
• misrepresent your identity, affiliation or the purpose for which you are accessing the Service;
• use a free or lower-tier account to access features or data volumes that are only available under a higher-tier plan;
• systematically screen-scrape, cache or download Sentiment Data beyond what is permitted under your API plan.

(1) All intellectual property rights in the Service — including the software, platform architecture, algorithms, natural language processing models, scoring methodologies, indices, documentation and brand assets (collectively “Augmento IP”) — vest exclusively in Postera Capital GmbH. These Terms do not transfer any ownership of or proprietary interest in Augmento IP to the User.

(2) Raw social media content aggregated from third-party platforms remains subject to the intellectual property rights of the respective platform operators and original authors. Augmento does not own and does not purport to licence such content to Users.

(3) Exclusion of Raw Platform Data: Augmento does not grant and does not purport to grant any right, licence or access to Raw Platform Data (as defined in § 2(1)). All intellectual property rights in Raw Platform Data vest in the respective platform operators and original content authors. No subscription tier, individual agreement or course of dealing creates any entitlement to Raw Platform Data. Users seeking access to raw social media data must contract directly with the relevant platform operator.

(4) Feedback and suggestions: Any feedback, suggestions or ideas regarding the Service that you submit to Augmento (“Feedback”) are provided on a non-confidential basis. You hereby grant Augmento a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify and incorporate such Feedback into the Service and any related products, without restriction or compensation.

(1) The Sentiment Data is derived from social media content published on third-party platforms (currently X/Twitter, Reddit and Bitcointalk). Augmento does not control these platforms and is not responsible for changes in their content, data availability, API access terms or fee structures.

(2) Changes in upstream data access.

(2a) Trigger: If a third-party platform operator materially restricts, suspends or increases the cost of API access by more than 50% compared to the cost level at the time of the most recent Subscription Fee setting, in a manner that renders continued provision of the affected Service in its current form economically or technically impractical, Augmento may exercise the rights set out in clauses (2b) to (2e) below.

(2b) Standard notice (planned or foreseeable changes): Where Augmento has at least 30 days’ advance notice of the relevant platform change, Augmento shall give Users at least 30 (thirty) days’ prior written notice before: (i) modifying the scope or coverage of the affected Service; or (ii) terminating the affected subscription tier(s). This applies to all Users including Consumer subscribers.

(2c) Accelerated notice (platform-forced change with limited notice — business subscribers only): Where the relevant platform change is announced by the platform operator with less than 30 days’ notice, Augmento shall give business Users written notice as soon as practicable and in any event no later than the earlier of: (i) 14 (fourteen) days prior to the change taking effect; or (ii) the date on which Augmento itself first receives notice of the change from the platform operator. Consumer subscribers are not subject to this accelerated notice and retain the protections in clause (2d).

(2d) Consumer subscribers — emergency and accelerated changes: Where an upstream platform change takes effect with less than 30 days’ notice to Augmento, Consumer subscribers shall in all cases: (i) receive written notice from Augmento as soon as practicable; and (ii) have the right to terminate the affected Subscription with immediate effect and receive a pro-rated refund of any prepaid Subscription Fees corresponding to the unused period. Augmento shall process such refund within 14 days of receiving the termination notice.

(2e) User termination right: In all cases under clauses (2b) and (2c), the affected User has the right to terminate the Subscription with effect from the date the modification or termination of the Service takes effect, regardless of any applicable notice period. Augmento shall specify this right clearly in the notice sent under clauses (2b) or (2c).

(2f) Force majeure: Complete and immediate cessation of a platform’s API access without prior notice, rendering the affected Service technically impossible, is governed by § 18 (Force Majeure) and is not subject to the notice requirements of this § 11(2).

(3) Augmento will use commercially reasonable efforts to maintain Service availability. The Service may be subject to scheduled maintenance (announced at least 48 hours in advance), emergency maintenance and interruptions caused by third-party infrastructure providers. Service level commitments are set out in § 12.

(4) Augmento will use commercially reasonable efforts to ensure that Sentiment Data delivered via the API does not contain malware, harmful code or malicious programming routines.

(1) Augmento targets a monthly availability of at least 95% for all paid-tier API and web dashboard access (the “Uptime Target”), corresponding to a maximum of approximately 37 hours of unplanned downtime per calendar month. Scheduled maintenance will be announced at least 48 hours in advance via the platform dashboard or email.

(2) The following periods are excluded from the Uptime calculation:

• outages of third-party data source platforms (X/Twitter, Reddit, Bitcointalk) or other third-party infrastructure providers;
• denial-of-service attacks or network intrusions;
• scheduled maintenance windows announced in accordance with clause (1);
• Force Majeure Events as defined in § 18.

(3) If actual monthly availability falls below the Uptime Target for reasons attributable to Augmento, the User shall receive a billing credit equal to 10% of the pro-rated monthly Subscription Fee for each complete 1% by which availability falls below the Uptime Target. The credit will be applied to the next invoice. Credits are the User’s sole and exclusive remedy for service unavailability, subject to § 15.

(4) Augmento will continuously monitor Service performance. Upon written request, Augmento will provide the User with a report detailing uptime and downtime statistics for the requested reporting period.

(5) Institutional-tier customers may negotiate alternative or enhanced service levels in a separate written SLA addendum, which shall take precedence over this § 12.

(1) Augmento is not registered as an investment firm, investment advisor, crypto-asset service provider (CASP), portfolio manager or financial intermediary in any jurisdiction. The Service does not constitute investment advice, portfolio management, financial analysis or any regulated financial service within the meaning of MiFID II, MiCA or any other applicable financial regulation.

(2) The Sentiment Data, scores, indices and any other content provided through the Service are provided for informational and research purposes only. Nothing in the Service or these Terms constitutes a recommendation to buy, sell, hold or otherwise deal in any crypto-asset, financial instrument or investment product.

(3) Sentiment scores and indices reflect aggregated, algorithmically processed social media activity and are subject to inherent limitations, including: (a) the accuracy and representativeness of the underlying social media data; (b) errors in natural language processing and sentiment classification; (c) time delays between social media activity and data processing; and (d) the non-predictive nature of past sentiment patterns with respect to future price movements.

(4) You are solely responsible for your own investment research, due diligence and decisions. Crypto-assets are highly volatile and carry a significant risk of total loss of capital.

(1) The Sentiment Data is the product of automated statistical and machine-learning processing of third-party social media data. Augmento makes no warranty as to the accuracy, completeness, timeliness or fitness for purpose of the Sentiment Data for any particular trading strategy, model or investment objective.

(2) Any statistical correlation between the Sentiment Data and crypto-asset price movements that may be observable in historical data (commonly referred to as ‘alpha’ or ‘predictive value’) reflects past patterns only and is not a contractually guaranteed feature of the Service. Augmento does not represent that such correlations will persist, and does not provide information about the current strength of any such correlations.

(3) Changes in the composition or coverage of the Sentiment Data resulting from modifications to upstream platform APIs, data availability or platform terms of service do not constitute a defect in the Service, provided that Augmento notifies affected Users in writing.

(4) Institutional-tier customers may agree individual data quality benchmarks and cure rights in a separate written agreement.

(1) Mandatory liability: Nothing in these Terms limits or excludes Augmento’s liability for: (a) death or personal injury caused by Augmento’s negligence; (b) damages resulting from wilful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit) by Augmento, its legal representatives or senior employees; (c) fraudulent misrepresentation; or (d) any other liability that cannot be excluded or limited by mandatory law.

(2) Cardinal obligations: Where Augmento breaches a material contractual obligation whose fulfilment is essential to the proper performance of the contract and on which the User reasonably relies (Kardinalpflicht), Augmento’s liability shall be limited to the foreseeable, contract-typical damage.

(3) Aggregate liability cap: Subject to clauses (1) and (2), Augmento’s total aggregate liability to a User arising from or in connection with these Terms or the Service — whether in contract, tort or otherwise — shall not exceed the total Subscription Fees paid by the User in the 12 (twelve) months immediately preceding the event giving rise to the claim, or EUR 500 (whichever is greater).

(4) Excluded heads of loss: Subject to clause (1), Augmento shall not be liable for: (a) loss of profits; (b) loss of revenue; (c) trading losses; (d) loss of anticipated savings; (e) loss of business opportunities; (f) loss of data; or (g) any indirect, incidental, special or consequential loss.

(5) NOTICE FOR US AND NON-EU BUSINESS USERS: The limitations and exclusions of liability in this § 15 are MUTUAL. They limit both Augmento’s liability to you and your liability to Augmento. These limitations apply to the maximum extent permitted by applicable law in your jurisdiction.

(6) For Consumers: Consumer statutory rights under applicable mandatory consumer protection law are not affected by the above limitations.

(1) You agree to indemnify, defend and hold harmless Augmento and its officers, directors, employees and agents from and against any third-party claims, damages, losses, costs and expenses (including reasonable legal fees) arising directly from: (a) your material breach of these Terms; (b) your wilful infringement of a third party’s intellectual property rights in connection with the Service; or (c) your wilful violation of applicable law in connection with your use of the Service.

(2) Your aggregate indemnification obligation under this § 16 shall not exceed EUR 5,000 or three times your annual Subscription Fee (whichever is greater) per incident, unless the claim arises from your wilful misconduct.

(3) Augmento shall promptly notify you of any claim for which indemnification is sought, grant you reasonable control over the defence and provide reasonable assistance.

(4) This § 16 does not apply to Consumer Users with respect to claims arising from Augmento’s own breach of obligations.

(1) Confidential Information means any non-public technical, commercial or strategic information disclosed by one party to the other in connection with the Service that is designated as confidential or that a reasonable person would recognise as confidential. For the avoidance of doubt, the Sentiment Data and Augmento’s pricing and commercial terms are Confidential Information of Augmento.

(2) Each party agrees to: (a) use Confidential Information of the other party solely in connection with the performance of these Terms; (b) not disclose Confidential Information to any third party without the disclosing party’s prior written consent, except to its employees, officers, consultants and advisors who have a need to know and are bound by equivalent confidentiality obligations; and (c) apply at least the same degree of care to protect the other party’s Confidential Information as it applies to its own, but in no event less than reasonable care.

(3) Confidentiality obligations under this § 17 apply during the Subscription term and for a period of 3 (three) years after its termination. For information constituting trade secrets within the meaning of the German Trade Secrets Act (GeschGehG), the obligation applies without time limit.

(4) Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach by the receiving party; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is required to be disclosed by law or court order, provided the disclosing party is notified promptly and to the extent legally permissible.

(5) Augmento’s Privacy Notice governs the treatment of personal data and takes precedence over this § 17 where both apply.

(1) Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure arises from circumstances beyond the reasonable control of that party (“Force Majeure Event”), including but not limited to: acts of God; government actions; sanctions; war; terrorism; civil unrest; epidemics or pandemics; electrical, internet or telecommunications outages; acts or omissions of third-party infrastructure or data source providers; and material changes to third-party API access terms or fee structures.

(2) The party affected by a Force Majeure Event shall notify the other party promptly and take all reasonable steps to mitigate the impact.

(3) If a Force Majeure Event affecting Augmento’s ability to provide the Service persists for more than 30 (thirty) consecutive days, the User may terminate the affected Subscription by written notice to Augmento. Consumer Users shall receive a pro-rated refund of any prepaid Subscription Fees for the unused period.

(1) These Terms apply from the date of registration and continue until the User’s account is deleted or the Terms are terminated in accordance with this § 19.

(2) Ordinary termination: Either party may terminate a paid Subscription at the end of the current billing period in accordance with § 5(3a) or § 5(3b) as applicable. Free accounts may be deleted by the User at any time via account settings.

(3) Termination by Augmento for cause: Augmento may terminate the contract with 14 (fourteen) days’ prior written notice if: (a) the User materially breaches these Terms and (i) fails to cure the breach within 7 (seven) days of written notice specifying the breach, or (ii) the breach is not capable of remedy; or (b) insolvency, liquidation or enforcement proceedings are commenced against the User.

(4) Immediate suspension: Augmento may suspend (but not terminate) the User’s access with immediate effect and without prior notice where Augmento has reasonable grounds to believe that: (a) the User’s actions pose an imminent security risk to the Service or other users; (b) the User is engaged in serious or repeated prohibited conduct under § 9; or (c) continued access would violate applicable law. Augmento will notify the User of the suspension and its reasons promptly, and will investigate the matter within 14 days. If the grounds are not substantiated, access will be restored.

(5) Effects of termination: Upon termination, the User’s licence to access and use the Service ceases immediately. Augmento shall delete or anonymise the User’s personal data in accordance with the Privacy Notice and applicable data retention obligations. §§ 10, 13, 14, 15, 16, 17, 20 and 21 survive termination.

(6) Consumer right of ordinary termination: Consumers retain the statutory right of ordinary termination. Notice periods in these Terms shall not exceed one month.

(1) The processing of personal data in connection with the Service is governed by Augmento’s Privacy Notice, available at augmento.ai/privacy, which forms an integral part of the contractual relationship.

(2) Where a User provides personal data of its own employees or clients to Augmento in the context of API integration or Institutional-tier use, a Data Processing Agreement (DPA) must be concluded separately pursuant to Art. 28 GDPR. Please contact [email protected].

(3) Users have the data subject rights set out in the Privacy Notice, including rights of access, rectification, erasure, restriction and data portability.

(1) Augmento may amend these Terms from time to time. Any amendments will be communicated to registered Users by email to the address on file at least 30 (thirty) days before the changes take effect.

(2) The notification email will specify the amended clauses, the nature of the changes and the effective date. If the User does not object in writing within 30 (thirty) days of receiving the notification, the amendments shall be deemed accepted. Augmento shall expressly draw the User’s attention to this consequence in the notification. The User’s right to terminate the Subscription before the amended Terms take effect is not affected.

(3) Amendments to pricing are governed by § 5(4a) and § 5(4b) as applicable.

(4) Amendments that solely benefit the User (e.g., additional features or reduced fees) may be made without prior notice.

(5) Mandatory Consumer rights are not affected by this § 21.

(1) You represent that you are not located in a country subject to a German, EU or US government embargo, and that you are not listed on any EU or US sanctions list (including the EU Consolidated Sanctions List or OFAC’s SDN list).

(2) You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the Service and shall not use or export the Service or Sentiment Data in violation of any such laws.

(1) These Terms and any non-contractual obligations arising out of or in connection with them are governed by the law of the Federal Republic of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) US and other non-EU/UK business Users: Notwithstanding clause (1), business Users contracting from a US or other non-EU/non-UK address who do not qualify as Consumers under these Terms may, by separate written agreement with Augmento, agree to submit disputes to a mutually agreed US forum (e.g. courts of the State of New York or federal courts in the Southern District of New York) applying New York law, in lieu of the German-law jurisdiction in clause (3). Any such agreement must be made in writing signed by both parties. Absent such agreement, German law and jurisdiction under clause (3) apply.

(3) For B2B contracts: The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Dusseldorf, Germany. Augmento reserves the right, at its option, to bring proceedings before any other competent court.

(4) For Consumer contracts: The above choice of jurisdiction does not deprive Consumers of the protection of mandatory provisions of the law of their country of habitual residence.

(5) EU Online Dispute Resolution: Augmento is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body (VSBG). The EU ODR platform is available at http://ec.europa.eu/consumers/odr.

(1) Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force. The invalid provision shall be replaced by the applicable statutory rule or, where permitted, by a valid provision that comes as close as possible to the intended commercial purpose.

(2) No waiver: Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

(3) Assignment: Augmento may assign its rights and obligations under these Terms to an Affiliate or in connection with a merger, acquisition or sale of all or substantially all of its assets, provided that the User is notified promptly and their contractual position is not materially worsened. Users may not assign their rights or obligations without Augmento’s prior written consent. Users who hold a Subscription have no right of first refusal in the event of a change of control of Augmento, unless such a right has been separately agreed in writing.

(4) Entire agreement: These Terms, together with the Privacy Notice and any separately executed DPA or commercial licence agreement, constitute the entire agreement between the parties with respect to the Service and supersede all prior oral or written agreements on the same subject matter.

(5) Language: These Terms are provided in English. In the event of any conflict between the English version and any translation, the English version shall prevail.