General Terms and Conditions (AGB)
LYSI NXT LVL — Lysi Doc, Lysi Law and digital templates
Version date: 22.09.2026 · Version: 1.3 · Governing version: German
§ 1 Scope of application, exclusively a business-to-business (B2B) offering
(1) These Terms and Conditions (AGB) apply to all contracts between
Thomas Konstantin Neumann, trading as LYSI NXT LVL, Barbarossastr. 40 a, 10779 Berlin, Germany (hereinafter the "Provider")
and the customer regarding the provision of the software "Lysi Doc" and "Lysi Law" as well as the sale of digital templates and content.
(2) The Provider's offering is directed exclusively at entrepreneurs (business customers) within the meaning of § 14 BGB (German Civil Code), at legal entities under public law and at special funds under public law. Contracts with consumers within the meaning of § 13 BGB are not concluded. The customer expressly confirms, as part of the ordering process, that it is entering into the contract in the exercise of its commercial or self-employed professional activity.
(3) Because the contract is concluded exclusively with entrepreneurs, no statutory right of withdrawal exists. Any voluntary right of return granted by the Provider arises solely from a separate, express undertaking and is not a statutory right of withdrawal.
(4) Conflicting or supplementary terms of the customer do not become part of the contract, even if the Provider does not expressly object to them.
(5) The Provider is neither obliged nor willing to participate in consumer dispute resolution proceedings.
§ 2 Definitions
- Software — the desktop applications "Lysi Doc" and "Lysi Law" provided by the Provider, which run locally on the customer's end devices.
- Subscription — the time-limited, paid provision of the Software for use in exchange for periodic remuneration.
- Seat — the entitlement to use the Software on one end device, assigned to an e-mail address of the customer to which the license key and the download entitlement are issued.
- Digital Templates — digital content provided once against payment (e.g. document templates, configurations, checklists).
- Detection — the rule-based or heuristic identification of text passages by the Software.
§ 3 Conclusion of contract, incorporation of these Terms and Conditions
(1) The presentation of the services on the Provider's website is not a binding offer but an invitation to submit an offer.
(2) The customer submits its offer by completing the ordering process. The contract is concluded upon the Provider's order confirmation or upon provision of the access data or the license key by the Provider.
(3) These Terms and Conditions become part of the contract through the notice given during the ordering process and the customer's confirmation. They can be accessed and saved prior to conclusion of the contract.
(4) Unless otherwise agreed individually, the contract is concluded exclusively via the Provider's website. References from third-party platforms (e.g. Product Hunt, directories, blogs) constitute advertising; no contract is concluded via such platforms.
(5) The contract languages are German and English. In the event of discrepancies between the language versions, the German version shall prevail.
(6) § 312i para. 1 sentence 1 nos. 1 to 3 BGB (German Civil Code) does not apply.
§ 4 Description of services and services expressly not owed
(1) Functionality. The Software assists the user in identifying potentially sensitive content in texts and documents on a rule-based or heuristic basis, replacing it with placeholders, and subsequently restoring the original content using a locally stored mapping. The Software is a work aid and workflow tool.
(2) Services expressly not owed (negative agreement on characteristics). The Provider expressly does not owe:
a) the complete, error-free or exhaustive detection of sensitive, personal or otherwise protection-worthy data. Automated detection is by its nature incomplete; it may overlook data (false negative), misclassify it, or flag unrelated text passages (false positive);
b) anonymization or pseudonymization within the meaning of Regulation (EU) 2016/679 (GDPR);
c) the data protection compliance, lawfulness or confidentiality of content that the customer discloses, transmits or reveals after using the Software;
d) a professional, medical, legal or tax judgment regarding the processed content;
e) a specific detection rate, hit rate or accuracy, unless expressly agreed in text form in an individual case.
(3) No guarantee. The Provider assumes no guarantee within the meaning of § 443 BGB (German Civil Code) and represents no characteristic beyond the service described in this paragraph.
(4) Lysi Doc is tailored to documents and texts from the healthcare and medical practice environment, Lysi Law to documents and texts from the legal advisory environment. This tailoring relates exclusively to the detection rules used and does not change paragraph 2.
(5) Local processing. The Software processes content locally on the customer's end device. Unprotected original content is not transmitted to the Provider. The Provider does not receive, store or process the customer's content.
(6) The Software is not intended for uses in which a failure of detection could result in danger to life, health, or comparably serious consequences.
§ 5 Customer's duties to cooperate and inspect
(1) The customer alone decides which content is sensitive or protection-worthy for it.
(2) The customer is obliged to independently review and approve the Software's output before any disclosure, transmission or revelation — in particular before transmission to AI systems, service providers or other third parties. The Software does not replace this review.
(3) The customer must ensure the system requirements are met, install updates provided by the Provider within a reasonable time, and back up its local mapping data itself.
(4) The customer keeps access data and license keys confidential and notifies the Provider without delay of their loss.
§ 6 No legal or data protection advice, customer's responsibility
(1) The Provider does not provide legal, data protection, tax or medical advice. Content of the Software, the documentation and the templates constitutes general guidance and is not a substitute for a case-by-case review.
(2) The use of the Software does not, in itself, cause the customer's data processing or its use of AI systems to satisfy the requirements of the GDPR or other law.
(3) The customer remains the controller within the meaning of Art. 4 no. 7 GDPR for the processing it carries out. In particular, it is itself responsible for the legal basis of its processing, for any required data processing agreements with its own service providers and AI providers, for information duties, for reviewing the output pursuant to § 5 para. 2, and for maintaining professional and private secrets (§ 203 StGB (German Criminal Code)).
§ 7 Rights of use (Subscription)
(1) For the term of the Subscription, the Provider grants the customer a simple, non-exclusive, non-transferable and non-sublicensable right to use the Software to the agreed extent — limited to the number of paid Seats — for its own internal business purposes.
(2) A Seat is assigned to an e-mail address provided by the customer and entitles the holder to install and use the Software on one end device. Each additional end device requires an additional Seat. The license key and the download entitlement are issued to that e-mail address; the customer keeps these credentials confidential and does not pass them on to third parties. The assignment may be changed to a different e-mail address as of the next billing period. Seats may be added or reduced as of the next billing period. Remuneration is based on the number of active Seats per billing period.
(3) Renting, lending, passing on or making the Software available to third parties, including within the framework of data-center or SaaS models, is not permitted.
(4) The customer may not reverse-engineer, decompile or disassemble the Software, except to the extent permitted by mandatory statutory provisions; the customer's rights under §§ 69d and 69e UrhG (German Copyright Act) remain unaffected.
(5) All rights to the Software, its components, detection rules and documentation remain with the Provider. There is no claim to disclosure of the source code.
(6) The Provider is entitled, after giving reasonable advance notice, to verify compliance with the agreed number of users in a reasonable manner. If the customer exceeds the agreed number of Seats, it must pay the then-current list price for the excess Seats retroactively from the start of the excess. Further rights of the Provider remain unaffected.
(7) The right of use ends upon termination of the contract. The customer must cease use; the Provider is entitled to deactivate the license key and to restrict the scope of functions accordingly.
§ 8 Digital Templates (one-time purchase)
(1) Digital Templates are provided against a one-time payment. The customer receives a simple, non-exclusive, perpetual right to use and adapt the template for its own internal business purposes.
(2) Passing on, reselling, publishing or making the template available to third parties — including in modified form and including as part of the customer's own offerings — is not permitted.
(3) Templates are provided immediately upon conclusion of the contract. § 4 paras. 2 and 3 and § 6 apply accordingly: templates are general work aids, and the customer must itself assess their suitability for the specific individual case.
(4) There is no claim to updates of templates already purchased.
§ 8a Test and beta versions
(1) The Provider may make test, preview or beta versions of the Software available free of charge for trial purposes. These are not intended for productive use.
(2) For test and beta versions provided free of charge, the Provider is liable only for intent and gross negligence (§§ 521, 599 BGB (German Civil Code) applied accordingly).
(3) Liability for damages resulting from injury to life, body or health remains unaffected.
(4) There is no claim to support, updates or a particular availability for test and beta versions.
(5) The Provider may discontinue the provision of test and beta versions at any time and without notice.
(6) Data and file formats of test and beta versions may change; continued usability of generated data in later versions is not owed.
(7) §§ 4, 5 and 6 apply to test and beta versions accordingly.
§ 9 Term, renewal, termination
(1) Unless otherwise agreed, the Subscription runs for one month and is renewed for a further month each time unless terminated by the end of the current billing period.
(2) Termination may be declared in text form (§ 126b BGB) or via the administrative function provided by the Provider.
(3) The right to terminate for good cause remains unaffected. Good cause exists for the Provider in particular in the event of material payment default, an unjustified chargeback, or a material excess of the licensed number of users despite a warning notice.
(4) If the customer defaults on payment, the Provider is entitled, after an unsuccessful reminder and advance notice, to block access until payment is received. The obligation to pay remains unaffected by this.
(5) Because content is processed exclusively locally, the Provider holds no content of the customer that would need to be handed over after termination of the contract. Backing up and exporting local mapping data is the customer's responsibility. Contract and billing data are retained in accordance with the statutory retention periods.
§ 10 Prices, payment, VAT
(1) The prices stated on the website at the time the contract is concluded apply. All prices are net prices and are exclusive of statutory value-added tax, currently 19%.
(2) Payment is made via the payment service provider Stripe. Details of data processing by Stripe can be found in the privacy policy. Invoicing is carried out by the Provider.
(3) For services to entrepreneurs domiciled in another member state of the European Union with a valid, verified VAT identification number, billing is carried out without German VAT under the reverse-charge procedure (tax liability of the recipient of the service, Art. 196 of Directive 2006/112/EC). The customer is obliged to provide a valid VAT identification number and to notify changes without delay. For customers domiciled outside the European Union, billing is carried out without German VAT to the extent legally provided for; the customer must, upon request, provide the necessary evidence, in particular regarding its status as an entrepreneur and its domicile. If a statement proves incorrect, the Provider is entitled to charge the VAT retroactively.
(4) The Subscription fee is due in advance for the respective billing period.
(5) The customer may only set off against the Provider's claims with undisputed or legally established counterclaims.
§ 11 Price adjustment
(1) Prices agreed for a current billing period remain unchanged for that period.
(2) The Provider may adjust prices with effect for future renewal periods. An adjustment presupposes that the Provider's costs for development and maintenance of the Software, for hosting and infrastructure services, for licenses of third-party components used, for payment processing, or for personnel have changed; the adjustment may not exceed the change in these cost items. Cost reductions must be taken into account in the same manner.
(3) The Provider notifies a price adjustment in text form at least six weeks before it takes effect. The customer may terminate the Subscription, effective at the end of the current billing period, up until the adjustment takes effect; this right is pointed out in the notification.
(4) A price guarantee expressly granted to the customer takes precedence over this provision.
§ 12 Defects, duty to inspect, limitation period
(1) The Provider provides the Software for the term of the Subscription in a condition suitable for contractual use within the meaning of § 4. A defect exists only if the Software falls short of the owed service described in § 4. In particular, the failure to detect, misclassification, or over-flagging of content pursuant to § 4 para. 2 does not constitute a defect.
(2) The customer must report defects comprehensibly in text form without delay after discovery, providing the information necessary for reproduction. Obvious defects must be reported without delay after provision.
(3) The Provider remedies defects within a reasonable period, in particular by means of an update, a workaround, or a reference to a reasonable alternative approach.
(4) Strict (fault-independent) liability of the Provider for defects that already existed at the time of provision (§ 536a para. 1 alt. 1 BGB (German Civil Code)) is excluded. Excluded from this are claims for injury to life, body or health, as well as claims for damages caused intentionally or through gross negligence; the statutory rules apply in this regard.
(5) Claims arising from defects become time-barred within one year from the statutory commencement of the limitation period. Excluded from this shortening are claims for injury to life, body or health, claims for damages caused intentionally or through gross negligence, claims arising from an assumed guarantee, and claims under the Product Liability Act; the statutory limitation periods apply to these.
(6) Furthermore, no defect exists to the extent that the impairment has been remedied by an update provided by the Provider which the customer has not installed.
§ 13 Liability
(1) The Provider is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body or health.
(2) In the case of ordinary negligence, the Provider is liable only for the breach of a material contractual obligation. Material contractual obligations are those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the type of contract.
(3) No further liability of the Provider exists.
(4) Liability arising from an expressly assumed guarantee and liability under the Product Liability Act remain unaffected.
(5) To the extent the Provider's liability is limited under the preceding paragraphs, this also applies to the personal liability of its legal representatives, employees and vicarious agents.
(6) For loss of data, the Provider is liable only for the expense that would have been necessary to restore the data had the customer carried out proper and regular data backups. Paragraphs 1, 2 and 4 remain unaffected.
§ 13a Indemnification
(1) The customer shall indemnify the Provider against claims of third parties — including claims by data subjects and measures by supervisory authorities — arising from the customer's use of the Software, its processing or disclosure of content, or its breach of obligations under §§ 5 or 6, to the extent the customer is responsible for this.
(2) The indemnification also covers reasonable costs of legal defense.
(3) The Provider shall inform the customer without delay of any claims asserted and shall leave the defense to the customer to the extent reasonable.
§ 14 Data protection
(1) The Provider processes the customer's personal data (account, contract and billing data, license and account data) as controller for the performance of the contractual relationship. Details can be found in the Provider's privacy policy.
(2) Content that the customer processes with the Software is processed locally on the customer's end device and is not transmitted to the Provider. The Provider does not process this content on the customer's behalf and is therefore not a processor within the meaning of Art. 28 GDPR. A data processing agreement regarding this content is therefore not required and is not concluded.
(3) Should the Provider offer functions in the future in which it processes personal data on the customer's behalf, a separate data processing agreement will be concluded for this purpose and the privacy policy will be adjusted accordingly.
(4) Transmissions from the Software to the Provider are limited to the following:
a) The license key check is carried out entirely locally on the end device. No data is transmitted to the Provider in this process.
b) The update service retrieves update information and downloads updates. In doing so, the technically necessary connection data arise, in particular IP address, program version and operating system. No license or customer identifier is transmitted in this process.
c) Usage counters are transmitted only following the user's prior consent, which may be revoked for the future at any time. Only count values, program version and operating system are transmitted in this process.
d) Under no circumstances are processed content, file names, user names, device identifiers or mapping data transmitted to the Provider.
§ 15 Confidentiality
(1) The parties shall treat confidential information of the other party confidentially, use it only for contractual purposes, and disclose it only to employees and agents who require it for the performance of the contract and who are bound accordingly.
(2) Excluded are information that is publicly known, was developed independently, or must be disclosed pursuant to law or an order of an authority or court.
(3) The obligation applies for the term of the contract and for three years thereafter.
(4) The Provider may name the customer as a reference only with prior consent.
§ 16 Support, updates, availability
(1) The Provider provides support in German or English by e-mail to support@lysi-doc.com during usual business hours. No particular response or recovery time is agreed unless separately promised in text form. The customer shall not transmit unprotected original content or personal data of third parties as part of support. If the customer nevertheless transmits such data, the Provider shall delete it after processing the request; the Provider does not thereby become a processor.
(2) During the term, the Provider provides updates that maintain the contractual usability of the Software, including adaptations to changed operating system environments, to the extent this is possible with reasonable effort. There is no claim to new functions or particular detection rules.
(3) The Software runs locally; no availability commitment is given for server services. To the extent ancillary services are operated — in particular the update service and the download — maintenance windows and interruptions may occur. License verification is carried out locally on the end device; an issued license key remains usable until its expiry date independent of the availability of the Provider's services.
(4) The Provider may further develop the scope of functions and replace individual functions, provided the service purpose described in § 4 is preserved. The Provider shall give at least six weeks' advance notice of any more than insignificant restriction of the agreed scope of services; § 11 para. 3 sentence 2 applies accordingly.
§ 17 Third-party components and open-source software
The Software contains third-party components, including open-source software. The associated license and copyright notices are available within the Software or at https://lysi-doc.com/third-party.html. To the extent third-party license terms contain overriding provisions, these apply to the relevant component.
§ 18 Export control and sanctions
The customer shall comply with applicable export, import and sanctions regulations, in particular those of the European Union and the Federal Republic of Germany. The customer represents that it is not listed on any relevant sanctions list and that it will not pass on the Software, directly or indirectly, to listed persons or into sanctioned territories.
§ 19 Amendments to these Terms and Conditions
(1) The Provider may amend these Terms and Conditions with effect for future renewal periods, provided the amendment is necessary due to a change in the legal situation, an established body of case law, a regulatory requirement, or a change in the range of services, and does not unreasonably disadvantage the customer.
(2) The Provider shall communicate the amended terms in text form at least six weeks before they take effect and shall point out the right of termination. The customer may terminate, effective at the end of the current billing period, up until the amendment takes effect.
(3) Amendments to material contractual components, in particular the description of services under § 4 and the liability provision under § 13, require agreement with the customer.
§ 20 Final provisions
(1) The law of the Federal Republic of Germany applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(2) To the extent the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract is Berlin, Germany. The Provider remains entitled to sue at the customer's general place of jurisdiction.
(3) The place of performance is the Provider's registered seat.
(4) Amendments and supplements to this contract require text form.
(5) Should a provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions shall take the place of the invalid provision (§ 306 para. 2 BGB (German Civil Code)).
(6) The transfer of rights and obligations under this contract to third parties requires the consent of the other party; excepted is a transfer within the framework of a universal succession.