Terms and Conditions

These General Terms and Conditions (GTC) apply to all contracts concerning the use of the software makiro between Tojiki — Inhaber Jakob Mayr, Kirchweg 30, 83043 Bad Aibling (hereinafter the “Provider”) and the customer.

The offering is directed exclusively at entrepreneurs within the meaning of § 14 BGB, at legal persons under public law and at special funds under public law. No contract is formed with consumers within the meaning of § 13 BGB.

Deviating or supplementary terms of the customer do not become part of the contract, even if the Provider does not expressly object to them.

The Provider makes makiro available to the customer for use over the internet for the term of the contract (software as a service). The software is not handed over; it remains on the Provider's infrastructure.

The scope of services follows from the package booked in each case and comprises in particular the mailbox and automatic pre-sorting, the calendar, marketing functions and the creation of documents.

The Provider owes the provision of the software, not any particular commercial success and no advice on content.

The contract is concluded upon the setting up of the user account and the confirmation of these GTC during the ordering process. By confirming, the customer warrants that it is acting as an entrepreneur.

Access credentials are to be kept confidential and protected against access by third parties. The customer shall notify the Provider without undue delay of any suspicion of misuse.

The customer may use makiro free of charge for 30 days from the conclusion of the contract. The customer grants the SEPA direct debit mandate already at the beginning of the trial period; nothing is debited during the trial period apart from a verification transaction to check the mandate.

If the contract is not terminated by the end of the trial period, it continues on a paid basis. The first debit takes place at the end of the trial period. A trial period is granted only once per customer.

The prices stated in the ordering process apply. All prices are net prices plus the statutory value added tax.

The fee is due monthly in advance and is collected by SEPA direct debit through the payment service provider Mollie B.V. Invoices are made available electronically.

If a direct debit fails for a reason for which the customer is responsible, the customer bears the costs arising from this. In the event of default in payment, the Provider is entitled to block access after prior notice until the outstanding amount has been settled.

A change to the price list applies only to contracts concluded thereafter. Existing subscriptions retain the amount agreed at the conclusion of the contract.

The Provider may adjust the fee for existing contracts if the costs of providing the service change. It shall announce the adjustment in text form at least six weeks before it takes effect. The customer may terminate the contract up until the effective date, with effect as of the effective date; this right is pointed out in the announcement.

The website module is a separately bookable, chargeable extension. It comprises a publicly accessible website of the customer at an address of the form name.makiro.site as well as a contact form whose enquiries appear in the customer's mailbox.

The website module requires a running base subscription. If the base subscription ends, the website module ends as well. After it ends, the website is no longer publicly accessible; the content created by the customer remains in the account.

The website module can be terminated independently of the base subscription.

The contract runs for an indefinite period. The customer may terminate at any time — within the application under Settings → Subscription or in text form to info@tojiki.de.

The termination takes effect at the end of the current billing period. Access remains in place until then; no further debits are made. A termination during the trial period takes effect at the end of the trial period; no debit then takes place.

The Provider may terminate with three months' notice to the end of a month. The right of both parties to terminate for good cause remains unaffected.

After the end of the contract, access is blocked. The customer's data is deleted after the periods stated in the privacy policy have elapsed. The customer may export its data up until the end of the contract; on request before the periods elapse, the Provider will assist with this.

The Provider endeavours to achieve high availability, but does not owe any particular availability rate. Maintenance work is, where possible, scheduled for times of low usage and, where foreseeable, announced in advance.

The service depends on third-party services, in particular hosting, payment processing, email and calendar providers as well as providers of AI models. The Provider is not responsible for disruptions to or changes in those services; they do not give rise to any reduction in the fee.

makiro produces classifications, summaries, draft replies and further texts by machine with the aid of AI models. Such results may be incomplete or incorrect.

The customer is obliged to check machine-generated content before using or sending it. The Provider warrants neither accuracy nor completeness nor compliance with the law. The results do not constitute legal, tax or other professional advice.

The application does not send any message to third parties without the customer's approval. If the customer activates automated processes, it is responsible for their outcome.

The base subscription includes 8 million tokens per calendar month for processing by AI models. Current consumption can be viewed in the settings.

In the event of a persistent overrun, the Provider will approach the customer and offer a suitable plan. No automatic additional charging takes place.

For the term of the contract, the customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use makiro in its own business operations as intended.

There is no claim to the provision of the source code. The software may not be made available to third parties for use, rented out or resold. Beyond the mandatory statutory limits, decompilation and modification are not permitted.

All rights to the data and content that the customer brings in or produces with the application remain with the customer. The Provider receives only those rights of use therein that are necessary in order to render the contractual service.

The customer is responsible for the lawfulness of the content it brings in and publishes, in particular for the content of its website and of its marketing posts. It indemnifies the Provider against third-party claims based on an infringement of rights by that content, insofar as it is responsible for the infringement.

Details on the processing of personal data are set out in the privacy policy.

Insofar as the Provider processes personal data on behalf of the customer — in particular the data of the customer's own customers — it acts as a processor pursuant to Art. 28 GDPR. The Provider makes a data processing agreement available on request at info@tojiki.de; it takes precedence over these GTC within the scope of data processing.

Both parties shall treat the other party's confidential information as confidential and use it only in order to perform the contract. This obligation continues beyond the end of the contract.

The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the Product Liability Act (Produkthaftungsgesetz).

In the event of a slightly negligent breach of a material contractual obligation — an obligation whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely — the Provider is liable limited in amount to the damage foreseeable at the conclusion of the contract and typical for this type of contract, and in total to no more than the fee paid by the customer in the twelve months before the damaging event. Liability is otherwise excluded.

Strict liability for defects existing at the conclusion of the contract pursuant to § 536a Abs. 1 Alt. 1 BGB is excluded.

The customer remains responsible for backing up its data. For the loss of data, the Provider is liable only in the amount of the effort that would have been incurred for restoration had the customer backed up its data properly.

The Provider may amend these GTC where this is necessary in order to adapt them to a changed legal situation, to changed case law or to a changed scope of services. It shall announce the amendment in text form at least six weeks before it takes effect. If the customer does not object before the amendment takes effect, the amendment is deemed accepted; the right to object and the deadline are pointed out in the announcement. If the customer objects, either party may terminate the contract with effect as of the effective date.

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is Rosenheim, insofar as the customer is a merchant (Kaufmann), a legal person under public law or a special fund under public law.

Amendments and supplements to this contract require text form. The customer may only set off against claims that are undisputed or have been finally established by a court.

Should a provision be or become invalid, the validity of the remaining provisions remains unaffected.