General Terms and Conditions (GTC) for the Use of MechanX Services

1. Scope

These General Terms and Conditions (GTC) govern the contractual relationship between MechanX UG (limited liability), Kolonnenstr. 8, 10827 Berlin (hereinafter "MechanX" or "we") and the users (hereinafter "user" or "you") of the services provided by MechanX. The services include the website (mechanxai.com), the web app (app.mechanx.ai), and the mobile applications (apps) for Android and iOS (hereinafter collectively referred to as the "Platform").

By using our services, you agree to these GTC.

2. Description of Services

2.1 General

MechanX offers an AI-powered platform to assist workshops and automotive technicians with vehicle fault diagnosis. The platform enables users to create diagnoses, perform error analyses, and receive appropriate solution suggestions using AI and chat functions.

2.2 Costs

The use of the platform's basic functions is currently free of charge. MechanX reserves the right to offer paid services or extended functions in the future. In such cases, users will be informed in a timely manner and, if necessary, asked for their consent.

3. Registration and User Account

3.1 Registration Requirements

Registration is required to access certain features of the Platform. Only fully adult and legally competent natural persons may register. The data requested during registration must be provided completely and accurately.

3.2 Registration Process

Registration is carried out by entering your email address and confirming the registration via a confirmation email sent to that address. A user account ("Account") is created upon registration.

3.3 Account Security

Users must keep their login credentials confidential and protect them from unauthorized third-party access. In the event of suspected account misuse, MechanX must be notified immediately.

3.4 Suspension of Accounts

Users whose accounts have been suspended by MechanX are prohibited from registering again.

4. Use of the Platform

4.1 Permitted Use

The Platform may only be used for personal professional or private purposes related to vehicle fault diagnosis. Any use of the Platform for other purposes is prohibited.

4.2 Prohibited Actions

The following actions are prohibited:

• Using the Platform for illegal or unethical purposes.
• Employing automated systems or software (e.g., bots, scrapers) to extract data from the Platform without MechanX's consent.
• Copying, modifying, distributing, or publicly reproducing content or data from the Platform unless explicitly permitted.
• Uploading or distributing viruses, malware, or any other harmful code.
• Taking measures that could impair the functionality or security of the Platform.
• When using the AI functions, inputting or generating any illegal, offensive, discriminatory, or otherwise inappropriate content.
• Misusing the AI functions to create spam, malware, or other harmful content.

4.3 User Responsibility

Users are responsible for all activities conducted through their Account. They agree to use the Platform appropriately and comply with all applicable laws.

5. Liability

5.1 Liability of MechanX

MechanX is fully liable for intent and gross negligence as well as for damages arising from injury to life, body, or health. In cases of slight negligence, MechanX is liable only for breaches of essential contractual obligations (cardinal obligations), with liability limited to the typical, foreseeable damage.

5.2 Disclaimer of Liability

MechanX does not assume any liability for the accuracy, completeness, or timeliness of the AI-generated diagnoses, recommendations, or other information. The use of the provided information is at the user's own risk. The results generated by the AI should always be verified by qualified professionals before any decisions are made based on them.

5.3 Limitation of Liability

The liability limitations stated in this section apply only to the extent permitted by law. While MechanX strives for the highest possible accuracy of the AI-generated information, no guarantee can be given. Users are encouraged to critically assess and, if necessary, verify the generated information.

6. Copyrights and Rights of Use

6.1 Rights of MechanX

All content, texts, graphics, logos, images, and software on the Platform are protected by copyright and are the property of MechanX or its licensors. Any reproduction, modification, distribution, or exploitation beyond the limits of copyright law requires prior written consent from MechanX.

6.2 User Rights of Use

MechanX grants users a simple, non-transferable, and non-exclusive right to use the Platform in accordance with these GTC.

6.3 Rights to AI-Generated Content

Unless expressly agreed otherwise, the rights to content generated by the AI remain with MechanX.

7. Copyrights and Rights of Use for User Content

7.1 User's Own Content

Users may only upload or input content (e.g., images, texts, data)—including vehicle or diagnostic data—for which they hold the necessary rights and that do not infringe on third-party rights.

7.2 Granting of Usage Rights

By uploading or inputting content, the user grants MechanX a non-exclusive, unlimited (in time and geographically) right to use such content in the context of providing the services. This includes, in particular, the right to store, process, reproduce, and utilize the content as necessary for service provision.

7.3 Confidentiality and Data Protection

MechanX treats all user-provided content as confidential and uses it solely for the provision of its services. Disclosure to third parties will only occur to the extent necessary for contract fulfillment or as required by law.

7.4 User Responsibility

Users must ensure that the transmission and use of their content do not violate any third-party rights. Users indemnify MechanX against all claims by third parties arising from any violation of their rights through the provided content.

8. Data Protection

Protecting your personal data is important to us. Details regarding the collection, processing, and use of personal data are provided in our Privacy Policy. Upon account deletion, all personal data will be completely removed within 30 days, unless statutory retention requirements mandate longer storage. Anonymized or aggregated data may continue to be used for statistical purposes.

9. Use of AI Models

9.1 Use of OpenAI

MechanX utilizes language models (Large Language Models) from OpenAI within the application to provide various services, including but not limited to text generation and analysis.

9.2 Data Processing by OpenAI

By using MechanX services, you agree that OpenAI may process your data as part of the provision of these services.

9.3 Security Measures

MechanX implements strict security measures to ensure the confidentiality of sensitive information, including encryption, anonymization, and strict access controls.

9.4 No Use for AI Training

User queries and data are not used to train the AI models unless the user has explicitly consented.

9.5 Additional Information

Further details on data processing by OpenAI can be found in OpenAI's Privacy Policy.

10. Data Security

The provider employs state-of-the-art security measures to protect user data. This includes, among other measures:

• Encryption of data during transmission and storage.
• Regular security audits and penetration tests.
• Strict access control and authentication mechanisms.
• Regular backups and disaster recovery plans.

11. Changes to the GTC

11.1 Notification of Changes

MechanX reserves the right to amend these GTC for future application. Significant changes will be communicated to users at least 30 days prior to their effective date via email or through the Platform.

11.2 Right to Object

If a user does not object to the changes within 30 days after receiving the notification and continues to use the services, the changes are deemed accepted. The notification will inform users of their right to object and the consequences of not doing so.

12. Termination of the Contractual Relationship

12.1 Termination by the User

Users may terminate and have their account deleted at any time.

12.2 Termination by MechanX

MechanX is entitled to terminate the contractual relationship with a notice period of two weeks. In cases of serious breaches of these GTC or legal provisions, MechanX may terminate the contractual relationship without notice.

13. Governing Law and Jurisdiction

13.1 Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 Jurisdiction

If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this contract shall be MechanX's registered office.

14. Severability Clause

Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid and enforceable regulation that most closely approximates the economic purpose of the invalid provision shall be deemed agreed upon.

15. Contact Information

For any questions or concerns regarding these GTC, please contact:

MechanX UG (limited liability)
Kolonnenstr. 8
10827 Berlin, Germany
Email: [email protected]