of Taxpeer GmbH for PodHive
1.1 These Terms and Conditions (T&Cs) apply to all contracts concluded between Taxpeer GmbH (hereinafter referred to as "GmbH") and its users via the PodHive platform. They govern the use of the services offered by the GmbH for the automatic generation of podcast content from scientific documents and research papers.
1.2 Conflicting, contradictory, or supplementary terms and conditions of users shall not become part of the contract, unless their validity is expressly agreed to in writing.
2.1 The GmbH operates a platform under the brand "PodHive" for the automatic conversion of scientific documents (PDF files, arXiv links, DOI references) into podcast content. The platform is accessible via the website podhive.de.
2.2 The GmbH offers various usage models, including free trial versions and paid subscriptions or one-time purchases. The respective scope of services is transparently displayed on the platform.
2.3 Users can upload or link scientific documents and receive automatically generated podcast content in the form of audio files. These podcasts are created by artificial intelligence and present the content in a two-host conversation format. Users can choose between different length formats (e.g., 5-10 minute summary or 80-120 minute deep dive).
2.4 The generated podcast content can be streamed via the platform or downloaded as audio files, provided this is included in the selected usage model.
3.1 The podcast content generated on the platform is created by artificial intelligence (AI). The GmbH endeavors to provide high-quality and factually correct podcasts. However, no guarantee can be given for the absolute accuracy, completeness, or scientific precision of the AI-generated content.
3.2 The podcasts serve to simplify knowledge transfer and provide a quick overview of scientific content. They do not replace the study of the original documents and do not constitute professional advice.
3.3 The interactive Q&A function allows users to ask questions about the content while listening. The answers are also generated by AI. The GmbH assumes no liability for the accuracy of these answers. The statutory provisions of § 309 No. 7b BGB remain unaffected.
3.4 Users are obliged to enter only appropriate, fact-related content when using the Q&A function. The input of offensive, discriminatory, violence-glorifying, pornographic, illegal, or otherwise inappropriate content is strictly prohibited. Users bear sole responsibility for the content they submit. The GmbH assumes no liability for content entered by users or for consequences or damages resulting therefrom. The GmbH reserves the right to temporarily or permanently block access to the platform and to take legal action in case of violations of this obligation.
4.1 Use of the platform generally requires registration. Users are obliged to provide truthful and complete information during registration.
4.2 By registering and uploading a document or selecting a paid service, users make a binding offer to conclude a contract.
4.3 For paid services, the contract is concluded by confirming the order and forwarding to the payment service provider. After successful payment, users receive a confirmation email and access to the booked services.
4.4 The GmbH reserves the right to reject offers without giving reasons, particularly in case of justified suspicion of abuse or violations of these T&Cs.
5.1 For subscription models, the contract is concluded for the selected period (e.g., monthly or annually) and automatically renews for the same period unless terminated in due time.
5.2 A subscription can be cancelled at any time at the end of the respective term. The notice period is 14 days before the end of the current billing period. Cancellation must be made in text form (e.g., by email to support@podhive.de).
5.3 For one-time purchases or single payments, no cancellation is required. Access to the purchased content remains for the specified period.
5.4 The GmbH is entitled to terminate extraordinarily with a notice period of two weeks in text form if there is an important reason. An important reason exists in particular in case of payment default, violation of these T&Cs, or abusive use of the platform.
6.1 Users are obliged to treat their access data confidentially and not to pass it on to third parties. Sharing access data or sharing accounts (account sharing) is prohibited.
6.2 The generated podcast content may only be used for personal, non-commercial purposes. Sharing, public performance, commercial use, or distribution of the content is not permitted without express written permission from the GmbH.
6.3 In case of a culpable violation of the obligation to keep access data confidential or the prohibition of account sharing, the user commits to pay a contractual penalty of 2,500 EUR to the GmbH.
6.4 The assertion of further claims for damages remains unaffected. A contractual penalty that has been incurred will be credited against any claim for damages.
6.5 The GmbH reserves the right to have the amount of the contractual penalty reviewed by a court and adjusted if necessary, if the contractual penalty is considered unreasonably high or low.
7.1 Users are responsible for ensuring that they have the necessary rights to the uploaded documents or may use them within the framework of the scientific exception (§ 60c UrhG) or other legal permissions.
7.2 The GmbH assumes no liability for copyright infringements by documents uploaded by users. Users indemnify the GmbH from all claims of third parties that arise due to the violation of copyrights or other rights by the uploaded documents.
7.3 The GmbH reserves the right to review uploaded documents and to delete them or refuse to generate podcast content if there is suspicion of legal violations.
8.1 The prices for the services offered are based on the price list displayed on the platform at the time of contract conclusion. All prices include statutory value-added tax.
8.2 Payment is made via the payment service provider Stripe (https://stripe.com/de). Users can choose from various payment methods.
8.3 For subscriptions, the debit is made automatically at the beginning of each billing period. In case of payment default, the GmbH is entitled to block access to the platform.
9.1 Consumers have a statutory right of withdrawal of 14 days from the conclusion of the contract.
9.2 The right of withdrawal expires prematurely if the GmbH has begun to execute the contract (e.g., generation of a podcast) after the user has expressly consented and confirmed that they lose their right of withdrawal by this consent.
9.3 The withdrawal must be sent in text form (e.g., by email) to support@podhive.de. A sample withdrawal form:
(*) Delete as applicable.
10.1 The GmbH continuously endeavors to provide a stable and error-free platform as well as high-quality AI-generated content. However, no guarantee can be given for the constant availability of the platform or the absolute accuracy of the generated content.
10.2 The GmbH assumes no liability for the factual accuracy of the AI-generated podcasts. The content is for informational purposes only and does not replace scientific engagement with the original documents.
10.3 Claims of users for damages are excluded, unless otherwise specified below. Excluded are claims for damages due to injuries to life, body, or health as well as claims from the violation of essential contractual obligations (cardinal obligations). Also excluded is liability for damages that are based on intentional or grossly negligent breaches of duty by the GmbH, its legal representatives, or vicarious agents.
10.4 In case of violation of essential contractual obligations, the GmbH is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence.
10.5 The above limitations of liability also apply in favor of the legal representatives and vicarious agents of the GmbH.
10.6 The provisions of the Product Liability Act remain unaffected.
11.1 All podcast content generated by the platform as well as the platform itself are protected by copyright. The rights lie with the GmbH and its licensors.
11.2 Users receive a simple, non-transferable, non-sublicensable right to use the podcast content generated for them exclusively for personal, non-commercial use.
11.3 Any form of reproduction, distribution, public communication, or commercial use of the podcast content requires the express prior written consent of the GmbH.
11.4 Downloading podcast audio files is only permitted within the framework of the download functions offered on the platform. The technical circumvention of protective measures or the extraction of content in any other way is prohibited.
12.1 The processing of personal data is carried out in accordance with applicable data protection regulations, particularly the General Data Protection Regulation (GDPR).
12.2 Detailed information on data processing can be found in our privacy policy at podhive.de/datenschutz.
12.3 Uploaded documents are processed for the generation of podcast content. The GmbH stores these documents only as long as necessary for the provision of services, unless a longer retention period is required by law or contractually agreed.
13.1 The GmbH reserves the right to change these T&Cs. Users will be informed of changes by email or via the platform.
13.2 The changes are deemed approved if users do not object within 14 days of receipt of the notice. The GmbH will point out the significance of the objection period in the change notice.
13.3 In case of objection, the GmbH is entitled to terminate the contractual relationship extraordinarily.
14.1 Users are themselves responsible for the technical requirements to use the platform. This includes an internet-enabled device, a stable internet connection, and a current web browser.
14.2 The GmbH assumes no liability for technical problems on the part of users or for connection interruptions.
15.1 The GmbH is entitled to temporarily or permanently block user accounts if there are concrete indications of a violation of these T&Cs, in particular in case of:
15.2 Before a permanent block, the GmbH will hear the user, if this is reasonable.
15.3 After termination of the contract, users can request deletion of their account. The GmbH will delete the data insofar as no statutory retention obligations oppose this.
16.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Law.
16.2 The contract language is German.
16.3 Should a provision of these T&Cs be invalid, the validity of the remaining provisions remains unaffected. A regulation that comes closest to the economic purpose of the invalid provision shall take the place of the invalid provision.
16.4 The place of jurisdiction for all disputes arising from this contractual relationship is the registered office of the GmbH, provided that the user is a merchant, legal entity under public law, or public-law special fund.
Online Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform). This can be accessed at https://ec.europa.eu/consumers/odr/.
Note pursuant to § 36 VSBG (Consumer Dispute Resolution Act): Taxpeer GmbH is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.