General terms and conditions
This is a convenience translation. The German version is legally binding.
for the Care service packages, the Vibe Code Checker and the Vertriebsmaschine
BYB Agency GmbH · BYB Labs · As of July 2026
Part A: General provisions
§ 1 Provider, scope, definitions
(1) The provider of the services is BYB Agency GmbH, trading under the BYB Labs brand, Hafenstraße 25, 68159 Mannheim, entered in the commercial register of the Amtsgericht Mannheim under HRB 749459, VAT ID DE365623289, represented by the managing directors Moritz Knabe and Anna Thalmayr (hereinafter "BYB Labs" or "we").
(2) These general terms and conditions (hereinafter "AGB") apply to all contracts for (a) the ongoing service packages "Care", "Care+" and "Care Partner" (hereinafter together the "Care packages"), (b) the software solution "Vibe Code Checker" in the Starter, Pro and Unlimited packages and (c) the software solution "Vertriebsmaschine" in the Starter, Team and Enterprise packages, concluded via our website, via a payment link provided by us or via the checkout of the payment service provider Stripe.
(3) Part A of these AGB applies to all of the aforementioned services. Part B applies in addition to the Care packages, Part C in addition to the Vibe Code Checker, Part D in addition to the Vertriebsmaschine. Part E contains consumer rights and final provisions. In the event of conflicts, the special provisions of Parts B, C and D take precedence over the general provisions of Part A.
(4) The AGB apply to consumers and to entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the legal transaction, is acting in the exercise of their trade, business or profession (§ 14 BGB).
(5) The Care+ and Care Partner packages, the Enterprise package of the Vertriebsmaschine and the conclusion of contracts for individual in-depth reviews within the meaning of § 18 paragraph 4 are addressed exclusively to entrepreneurs.
(6) Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless we expressly agree to their validity in text form.
§ 2 Conclusion of contract
(1) The presentation of the services on our website or in payment links does not constitute a binding offer, but an invitation to the customer to submit an offer.
(2) The customer submits their offer by going through the checkout and clicking the button labelled "zahlungspflichtig bestellen" (order with obligation to pay) or an equivalent unambiguous wording. The contract comes into existence when we accept the order by means of a confirmation in text form or begin to provide the service, but at the latest when the access data or the licence key is made available.
(3) The contract language is German. The contract text is stored by us. The customer receives the essential contract data and these AGB at the latest together with the confirmation in text form.
(4) Before submitting the order, the customer can correct their entries in the checkout at any time using the functions provided there.
§ 3 Prices and payment
(1) The prices applicable in each case are shown in the checkout of the payment service provider Stripe; these AGB do not contain any price information. For consumers, the prices stated in the checkout are final prices and include statutory value added tax. For entrepreneurs, amounts shown separately as net prices are subject to statutory value added tax in addition.
(2) Payment is made via the payment service provider Stripe using the payment methods offered there. Recurring charges fall due and are collected at the beginning of each billing period.
(3) We are entitled to adjust the prices for ongoing contractual relationships with effect for the future if and to the extent that our costs of providing the service (in particular for personnel, infrastructure or integrated third-party services) change. Price increases are announced to the customer in text form at least six weeks before they take effect. If the price increases by more than five per cent compared with the previous price, the customer may terminate the contract extraordinarily as of the date on which the increase takes effect; we point this out in the announcement. Price increases do not apply within a minimum term.
(4) The statutory provisions apply to the occurrence of default in payment. If the customer is in default of payment, we are entitled, after an unsuccessful reminder with a reasonable grace period, to suspend the services until the outstanding claims have been settled; in the case of the software solutions this includes blocking access or the licence.
(5) Towards entrepreneurs, set-off is permissible only with undisputed claims or claims established by a final court decision; a right of retention may be asserted only on account of claims arising from the same contractual relationship.
§ 4 Special provisions for AI supported services
(1) Our services are based wholly or partly on artificial intelligence systems. Results of such systems are probabilistic in nature and, despite careful development, may be inaccurate, incomplete or ambiguous. The customer is obliged to have results reviewed by a suitable natural person before any commercial, legal or otherwise material use (human oversight).
(2) Insofar as the customer operates a system maintained by us or a system reviewed by them, they do so on their own responsibility. As between the parties, the obligations incumbent on the deployer or provider of an AI system under Regulation (EU) 2024/1689 (AI Act) are borne by the customer, insofar as they concern the deployment and operation of their system.
(3) The use of our services for practices prohibited under Art. 5 of the AI Act is not permitted. If the customer intends to use a system maintained by us in a high-risk area within the meaning of the AI Act, they must notify us of this in text form before the conclusion of the contract, and at the latest without undue delay.
(4) Our services do not include legal advice, in particular not the binding regulatory classification of the customer’s systems.
§ 5 Duties of the customer to cooperate
(1) The customer provides us with all information, content and access required for the provision of the services in good time and in a suitable form, and keeps these up to date.
(2) On request, the customer names a contact person who can make and receive declarations with effect for the customer.
(3) If the customer fails to meet their duties to cooperate, any deadlines depending on them are extended appropriately. Our claims to remuneration remain unaffected insofar as we are ready to perform.
(4) The customer is responsible for backing up their own data and source code, unless data backup has been expressly agreed as a service.
(5) The customer ensures that they are entitled to use the content, data and source code they provide or have reviewed, and that no third-party rights are infringed by the processing of such material under the contract.
§ 6 Rights of use
(1) In respect of software, reports and other work results that we make available to the customer under the contract, the customer receives a simple, non-exclusive, non-transferable and non-sublicensable right of use for their own purposes. For the software solutions Vibe Code Checker and Vertriebsmaschine, the right to use the software is limited to the term of the contract; the customer may use the reports and evaluations generated during the term for their own purposes without any time limit, including after the end of the contract.
(2) Reproduction, modification, decompilation or reverse engineering of our software is permitted only within the limits mandatorily allowed by law (§§ 69d, 69e UrhG). Passing access data or licence keys on to third parties is prohibited.
(3) Deviating or more extensive grants of rights under individual project contracts remain unaffected.
§ 7 Confidentiality
(1) The parties treat all information of the other party obtained under the contract that is marked as confidential or whose confidentiality follows from the circumstances as confidential, and use it exclusively for the performance of the contract.
(2) This obligation does not apply to information that is or becomes publicly known, that was lawfully obtained from third parties, or that must be disclosed on the basis of a statutory or official order.
(3) The confidentiality obligations continue to apply for a period of three years after the end of the contract.
§ 8 Data protection
(1) We process personal data in accordance with the statutory provisions, in particular the GDPR. Details can be found in our privacy policy.
(2) Insofar as we process personal data on behalf of the customer, in particular under the Care packages or for the Vertriebsmaschine in the Team and Enterprise packages, the parties conclude an agreement on processing on behalf pursuant to Art. 28 DSGVO before the processing begins.
(3) With the Vibe Code Checker, the analysis of the source code takes place locally in the customer’s environment. The source code is not transmitted to us or stored by us as part of the check. For licence management and billing we process account and usage data (in particular licence status and number of check runs).
(4) With the Vertriebsmaschine, inputs, conversation simulations and evaluations are processed on our systems or on the systems of the processors engaged by us. Details can be found in the privacy policy.
§ 9 Changes to the services and to these terms and conditions
(1) We are entitled to adjust the services insofar as this is necessary due to technical developments, changes to integrated third-party services, changes in the legal situation or for security reasons, and provided that the adjustment does not materially restrict the contractual scope of services to the disadvantage of the customer.
(2) Changes to these AGB are notified to the customer in text form at least six weeks before they take effect. If the customer does not object within four weeks of receiving the notification, the changes are deemed to have been accepted, provided that we expressly pointed out this legal consequence in the notification. If the customer objects, the contract is continued on the previous terms; in this case both parties have a right of termination as of the date on which the change was to take effect. Changes to the price are governed exclusively by § 3 paragraph 3.
§ 10 Warranty and liability
(1) The statutory warranty rights apply. Towards consumers, §§ 327 ff. BGB additionally apply to digital products.
(2) We are liable without limitation for damage arising from injury to life, body or health, for intent and gross negligence, under the Produkthaftungsgesetz (German Product Liability Act) and to the extent of any guarantee expressly given by us.
(3) In the case of a slightly negligent breach of a material contractual obligation, that is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely, our liability is limited to the foreseeable damage typical of the contract at the time it was concluded. Otherwise, liability for slight negligence is excluded.
(4) Towards entrepreneurs, liability under paragraph 3 sentence 1 is limited in amount, per case of damage, to the remuneration paid to us by the customer under the contract concerned in the last twelve months before the damaging event.
(5) The above limitations of liability also apply to the personal liability of our executive bodies, employees and vicarious agents.
(6) Claims for damages by the customer on account of a defect become time-barred towards entrepreneurs twelve months after the statutory start of the limitation period; this does not apply in the cases covered by paragraph 2.
§ 11 Use as a reference
Towards entrepreneurs we are entitled to name the customer as a reference to the customary extent, using their name and logo, unless the customer objects in text form. Towards consumers, use as a reference takes place only with express consent.
Part B: Special conditions for the Care packages
§ 12 Subject matter of the Care packages
(1) The Care packages are ongoing service packages for a digital solution of the customer previously built or maintained by us (hereinafter the "system"). Which system is covered by the contract follows from the underlying project or from the description in the checkout.
(2) The Care package covers the ongoing maintenance of the system, the upkeep of security and compatibility and a monthly status report. The response time to reports by the customer is 48 hours on working days.
(3) The Care+ package additionally covers the ongoing improvement of the system at our professional discretion, a monthly record of activities and, on request, a monthly coordination meeting; meetings not taken lapse. The response time is 24 hours on working days.
(4) The Care Partner package additionally covers a named permanent contact person at senior level and prioritised handling. A response is given by the end of the working day, at the earliest four hours after the report is received.
(5) The Care packages are service contracts. We owe professional, careful activity within the agreed response times, not the achievement of a particular outcome, in particular no specific availability of the system and no remedy of a malfunction within a particular period.
(6) The Care packages do not cover the development of new functions, substantial rebuilds or extensions of the system, or services for systems other than the one covered. We offer such services on the basis of separate agreements.
§ 13 Term and cancellation of the Care packages
(1) The Care packages have a minimum term of six months from the conclusion of the contract. After the minimum term has expired, the contract runs for an indefinite period and may be cancelled by either party with one month’s notice to the end of the month.
(2) Consumers may additionally cancel the contract using the cancellation button provided on our website.
(3) The right of both parties to extraordinary termination for good cause remains unaffected.
(4) Remuneration already paid in advance for periods after a justified cancellation takes effect is refunded on a pro rata basis.
§ 14 Third-party services and usage costs
(1) The costs of third-party services required for the operation of the system (in particular accounts with AI providers, hosting and interfaces) are borne by the customer. The customer concludes the corresponding contracts in their own name; use takes place via the customer’s accounts.
(2) We are not responsible for the availability, performance and terms of third-party services. If third-party providers change their services or terms in a way that materially impairs the provision of our services, the parties agree on an adjustment; § 9 remains unaffected.
Part C: Special conditions for the Vibe Code Checker
§ 15 Subject matter of the Vibe Code Checker
(1) The Vibe Code Checker is a software solution for the automated initial review of source code and associated project components for technical irregularities and legal risk indications, in particular in the areas of code quality, typical security vulnerabilities, dependencies, data protection, imprint obligations, licensing questions and requirements of the AI Act.
(2) The check is carried out locally in the customer’s environment. The source code checked is not transmitted to us and is not stored by us. Use requires an online connection in order to check the licence status and to count the check runs.
(3) The result of a check run is an automatically generated report with notes and prioritised recommendations for action. The report reflects the state of the stored check logic at the time of the run.
(4) The legal check logic was developed in cooperation with the law firm WBS.LEGAL. The customer’s contractual partner for the Vibe Code Checker is exclusively BYB Labs; no client relationship with WBS.LEGAL or with individual lawyers arises from its use.
§ 16 Packages, check runs and fair use
(1) The Vibe Code Checker is offered as a subscription in the Starter, Pro and Unlimited packages. The number of check runs booked in each case follows from the checkout.
(2) A check run is the complete check of one project. Unused check runs lapse at the end of the respective billing month; they are not carried over to subsequent months, not accumulated and not refunded. At the start of a new billing month the booked quota is available to the customer again in full.
(3) In the Unlimited package, use within the scope of intended use is unlimited. Abusive use is not permitted, in particular automated mass execution without a substantive checking purpose, use for third parties outside the customer’s own business operations or the customer’s own private use, or the circumvention of technical protection measures. In the event of abusive use we are entitled to terminate extraordinarily after an unsuccessful warning in text form.
(4) There is no entitlement to uninterrupted availability of the licence server. We announce maintenance work in advance where possible. If the licence server is unreachable for more than 24 consecutive hours for reasons for which we are responsible, we extend the affected billing month appropriately.
§ 17 Term and cancellation of the Vibe Code Checker
(1) The subscription runs for an indefinite period and may be cancelled by either party with effect from the end of the current billing month. There is no minimum term.
(2) Consumers may additionally cancel the contract using the cancellation button provided on our website.
(3) The right of both parties to extraordinary termination for good cause remains unaffected.
§ 18 Initial check only, no legal advice and no tax advice
(1) The Vibe Code Checker provides an automated, generalised initial check. It replaces neither individual legal advice nor a complete technical security audit and does not constitute a legal service in an individual case within the meaning of the Rechtsdienstleistungsgesetz (German Legal Services Act).
(2) The reports contain automatically generated indications of possible risks. We do not warrant that all technical or legal risks of a project will be identified, or that a project will be free of objections if all indications are acted upon. Responsibility for the launch and operation of the project checked remains with the customer.
(3) The notes on the AI Act constitute an indicative initial classification. A binding regulatory classification remains reserved to an individual review.
(4) At the customer’s request we arrange or provide more extensive reviews ("in-depth reviews"). The technical in-depth review is provided by BYB Labs on the basis of a separate contract. The legal in-depth review is provided by WBS.LEGAL on the basis of an independent client relationship directly between the customer and WBS.LEGAL; we are not a party to that client relationship.
§ 19 Updates
(1) During the term of the contract we provide the updates required to maintain the conformity of the software with the contract, including security updates, and inform the customer of their availability.
(2) The check logic is continuously maintained by us. There is no entitlement to the inclusion of particular new check content or functions.
(3) If the customer does not install updates provided within a reasonable time, we are not liable for defects that are based solely on the absence of the update, provided that we informed the customer about the update and the consequences of not installing it.
Part D: Special conditions for the Vertriebsmaschine
§ 20 Subject matter of the Vertriebsmaschine
(1) The Vertriebsmaschine is a web-based software solution (software as a service) for training sales conversations. Users hold simulated conversations with AI generated conversation partners and receive automated, structured feedback on their conversations.
(2) The functional scope of the package booked in each case, such as sector-specific scenarios, difficulty levels, leaderboards or evaluation functions for managers, follows from the description of services in the checkout or on our website.
(3) The simulated conversation partners are fictitious and AI generated. Their statements and the automated feedback do not constitute professional or legal recommendations. We owe the provision of the software during the term of the contract, not the achievement of a particular training or sales success of the customer or their users.
(4) Use requires an internet connection. There is no entitlement to uninterrupted availability. We announce maintenance work in advance where possible. If the Vertriebsmaschine is unreachable for more than 24 consecutive hours for reasons for which we are responsible, we extend the term of the contract appropriately.
§ 21 Packages and user accounts
(1) The Starter package covers access for a single user. In the Team package the remuneration is based on the number of user accounts booked; the number booked follows from the checkout. The Enterprise package is offered with an individual functional and usage scope on the basis of a separate agreement; these AGB apply in addition.
(2) Accounts are personal. Passing access data on to third parties and the simultaneous use of one account by several persons are prohibited. Entrepreneurs may assign accounts exclusively to their own staff and for their own business operations.
(3) The number of user accounts may be increased at any time with effect from the booking; the remuneration is calculated pro rata from that point. A reduction takes effect at the end of the current billing period.
(4) If the customer uses evaluation or leaderboard functions in relation to their own employees, the customer is responsible for the permissibility of that use under the applicable employment law and data protection provisions.
§ 22 Free trial accounts
We may provide free trial accounts at our own discretion. They are agreed outside the checkout, are not transferable and may be ended by us at any time. A trial account does not automatically turn into a paid subscription; a paid contract comes into existence exclusively through a separate conclusion pursuant to § 2.
§ 23 Term and cancellation of the Vertriebsmaschine
(1) The subscriptions for the Starter and Team packages are offered with monthly or annual billing; the billing period chosen follows from the checkout. With monthly billing the subscription runs for an indefinite period and may be cancelled by either party with effect from the end of the current billing month; there is no minimum term. With annual billing there is a minimum term of twelve months; after it expires the subscription continues for an indefinite period and may be cancelled by either party with one month’s notice to the end of the month. Charges already paid for periods after a justified cancellation takes effect are refunded on a pro rata basis. For the Enterprise package, the term provisions of the individual agreement apply.
(2) Consumers may additionally cancel the contract using the cancellation button provided on our website.
(3) The right of both parties to extraordinary termination for good cause remains unaffected.
Part E: Consumer rights and final provisions
§ 24 Right of withdrawal for consumers
(1) Consumers have the statutory right of withdrawal. The details follow from the withdrawal instructions in Annex 1 to these AGB, which are also made available to the consumer in the checkout and with the contract confirmation. A model withdrawal form is attached as Annex 2.
(2) With the Vibe Code Checker we begin to provide the software before the withdrawal period has expired only if the consumer has expressly agreed to this and has confirmed their knowledge that their right of withdrawal lapses once performance of the contract begins (§ 356 Absatz 5 BGB).
(3) With the Care packages and with the Vertriebsmaschine we begin to provide the services before the withdrawal period has expired only at the express request of the consumer. In the event of withdrawal after performance has begun, the consumer must pay compensation for the value of the services provided up to the withdrawal.
§ 25 Consumer dispute resolution
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
§ 26 Final provisions
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Towards consumers this choice of law applies only insofar as it does not displace mandatory consumer protection provisions of the state in which the consumer has their habitual residence.
(2) If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is Mannheim.
(3) Should individual provisions of these AGB be or become invalid, the validity of the remaining provisions remains unaffected.
Annex 1: Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the contract was concluded.
To exercise your right of withdrawal, you must inform us (BYB Agency GmbH, BYB Labs, Hafenstraße 25, 68159 Mannheim, email: thorsten@byb-labs.io) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the attached model withdrawal form for this, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested the performance of services to begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Special note on the expiry of the right of withdrawal
With the Vibe Code Checker, the right of withdrawal expires if we have begun to supply the software after you have expressly agreed that we begin performance of the contract before the withdrawal period has expired and you have confirmed your knowledge that, by giving your consent, you lose your right of withdrawal once performance of the contract begins.
Annex 2: Model withdrawal form
If you wish to withdraw from the contract, please complete this form and send it back.
To:
BYB Agency GmbH, BYB Labs
Hafenstraße 25
68159 Mannheim
Email: thorsten@byb-labs.io
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
______________________________________________
Ordered on (*) / received on (*): ______________________________
Name of consumer(s): ______________________________
Address of consumer(s): ______________________________
Signature of consumer(s) (only if this form is notified on paper): ______________________________
Date: ______________________________
(*) Delete as appropriate.