Terms and Conditions

This translation is provided for convenience. The German version (www.hebby-memories.com/agb/) is legally binding.

§ 1 Services

(1) For the term of the contract we provide you with your own Hebby instance (software as a service), separate from other customers and with its own database, on a server in Frankfurt am Main, Germany. You use it through the portal in your browser and through the MCP interface from your AI agents (for example Claude Code or Codex). Hebby stores, links and finds the information ("memories") that you and your agents put there. The website describes the functions in detail at the time of your order.

(2) You use language models through your own subscription or your own API key with a provider of your choice (for example Anthropic or OpenAI). This contract does not include any services of these providers; costs for them arise with your provider under its terms.

(3) In the "Personal" plan, one person uses Hebby. In the "Business" plan, you choose the number of people ("seats") when you order; that many people may use Hebby for you. Per person, up to five agents can be connected in the "Personal" plan and up to ten in the "Business" plan, on any number of computers. An agent always belongs to exactly one person and cannot be shared with others. In the "Business" plan, people can share the memories of their agents with other people in the team; permissions can be assigned per person and per agent.

(4) You can change the number of seats during the term by email. We charge additional seats at the price of your subscription per seat; we tell you the amount and the date from which it applies by email before the change. A reduction takes effect at the end of the current paid period. With PayPal, the payment service may require you to approve the changed quantity again.

(5) We operate, maintain and update the software and back up your instance every night. We do not promise a specific availability; we strive for trouble-free operation. Where possible, we carry out maintenance at times of low use and announce longer maintenance in advance. Your statutory rights in case of defects (§ 12) remain unaffected.

(6) Hebby is in Early Access and is being developed continuously. We may change Hebby if there is a valid reason for it, in particular to adapt to new technical developments or security requirements, to a changed legal situation, to correct errors or to extend functions, as long as the service under paragraph 1 is preserved in its essence. Changes are free of charge for you. If a change affects your access or use more than just insignificantly, we will inform you in good time beforehand, clearly and comprehensibly, in text form about the features and the time of the change; as a consumer you can then terminate the contract free of charge under § 327r (3) and (4) BGB within 30 days of the information or the change. This does not apply if you can continue to use the previous version at no additional cost.

(7) We provide the updates that are necessary for Hebby to remain in conformity with the contract, including security updates; we install them ourselves.

(8) Hebby technically enforces the limits under paragraph 3 (people, agents per person, permissions). To use it you need a current browser, and for the agents an MCP-capable AI client.

(9) Support and complaints: by email to office.weihrauch@gmail.com. In the "Business" plan we handle requests with priority. We do not promise fixed response times.

§ 2 Conclusion of contract

(1) The presentation of the plans on the website is not a binding offer but an invitation to order.

(2) In Early Access you can order with payment only through a personal invitation link that is valid for your email address. The order process:

1. You choose the plan and billing interval (monthly or yearly), in the "Business" plan the number of people, enter your details and choose the payment method.
2. Before you submit, the form shows plan, price, billing interval, term and cancellation conditions. Until then you can correct input errors in the form fields.
3. By clicking "Order with obligation to pay" you make a binding offer.
4. We send you an email with a confirmation link. By clicking it you confirm your email address and are forwarded to the payment service (PayPal or Stripe), where you approve the subscription.
5. We accept your offer by sending you the contract confirmation by email. We send it as soon as the payment service has confirmed the approval and the first payment, and before we provide your Hebby. Only then is the contract concluded.

(3) If you do not approve the subscription with the payment service, or if we cannot accept the order (for example because the amount or number of people at the payment service does not match the order), no contract is concluded; we refund any amounts already paid without delay.

(4) The contract language is German. We store the contract text. You receive it by email with the contract confirmation (plan, price, payment method, start, term, version of the terms, these terms with the data processing agreement, withdrawal information and model withdrawal form). The current version of these terms is available at www.hebby-memories.com/en/terms/, the legally binding German version at www.hebby-memories.com/agb/; we send you earlier versions on request.

(5) We have not submitted to any particular codes of conduct.

§ 3 Prices and payment

(1) The prices shown at the time of your order on www.hebby-memories.com/en/pricing/ and in the order form apply. The Early Access prices are currently:

In the "Business" plan, the total amount per billing period is the price per person times the number of people, plus VAT on this amount (example: 3 people monthly = €29.97 plus €5.69 VAT = €35.66). There are no further costs (such as shipping or setup costs).

(2) You pay in advance for the respective billing period (month or year) as a subscription through PayPal or through Stripe (credit card, SEPA direct debit, Apple Pay or Google Pay), as far as the order form offers the payment method for your plan. The first payment falls due when you approve the subscription with the payment service, each further payment at the start of the next billing period; the payment service collects it automatically. The terms of the payment service between you and the payment service also apply. For SEPA direct debit, Stripe announces the collection at least one day in advance (shortened pre-notification).

(3) Price protection (price guarantee): The price shown when you ordered applies unchanged for the entire duration of your contract, including every renewal and, in the "Business" plan, for seats added later. Later price changes apply only to new orders. In the "Personal" plan the gross price stays the same even if the VAT rate changes; in the "Business" plan we charge the VAT rate that applies by law. We do not terminate in order to circumvent price protection, for example to offer you a new contract at a higher price (§ 6 (1)).

(4) We issue invoices electronically and send them by email, to businesses unprompted for each billing period, to consumers on request.

§ 4 Payment default and pausing

(1) If a payment fails, the payment service retries it under its own rules. If the payment is still outstanding after the last attempt (with PayPal on a monthly interval after two failed payments, on a yearly interval after the first; with Stripe after the last retry) or if the payment service suspends the subscription, we may pause your Hebby until payment is received (right of retention). We inform you about this by email.

(2) While paused, your Hebby is not accessible; your data is retained (§ 11). Pausing does not end the contract. As soon as the outstanding payment is received, your Hebby resumes automatically. Amounts already due remain owed.

(3) Our right to terminate for good cause (§ 6 (2)) remains unaffected. If the pause lasts six months, the contract ends: we terminate it for good cause at the end of the six months and tell you beforehand by email; in the same email we announce the deletion of your data. If the outstanding payment is received by then, your Hebby continues and the termination lapses. § 11 (2) applies to your data, with the proviso that the six months run from the start of the pause; data is deleted only after the contract has ended.

§ 5 Term and termination by you

(1) The contract begins when it is concluded and runs for an indefinite period until terminated. It is billed in advance monthly or yearly, depending on the interval chosen; the billing period renews automatically by a further month or year respectively. There is no further minimum term; your minimum commitment is the billing period paid for (one month or one year).

(2) You can terminate at any time without notice period. The termination takes effect at the end of the current month or year that has already been paid for; until then you can continue to use Hebby. If you name a later date, the contract ends at the end of the billing period in which that date falls. We refund nothing for the rest of the paid period (paragraph 3).

(3) Yearly interval: The contract renews automatically by a further year unless you terminate; this also applies after the first year of the contract. The termination takes effect at the end of the paid year. A switch to the monthly interval and a monthly termination during a paid year are not provided for. We refund nothing for the rest of a paid year; we make a pro rata refund only if you complain to us about it.

(4) The easiest way to terminate is the button "Cancel contracts here", which is linked on every page of the website (www.hebby-memories.com/kuendigen/), without signing in (§ 312k BGB). We confirm receipt immediately by email with the content, date and time of the termination and the end of the contract. You can also terminate by email to office.weihrauch@gmail.com or by letter; a termination requires text form. If you only end the subscription with the payment service, we treat this as a termination at the end of the paid period.

(5) The right of both sides to terminate for good cause remains unaffected; the page /kuendigen/ offers extraordinary termination for this. We check whether there is good cause; if there is none, we treat the declaration as an ordinary termination under paragraph 2. Until our check, we carry it out as an ordinary termination at the end of the paid period; if there is good cause, we end the contract earlier and refund the remainder.

§ 6 Termination by us

(1) We can terminate the contract ordinarily with one month's notice in text form. We refund pro rata the part of an amount paid in advance that relates to the time after the end of the contract.

(2) We can terminate the contract for good cause without notice, in particular if

• you misuse Hebby despite a warning in text form, for example contrary to § 7 (2) to (4);
• you store or distribute unlawful content through Hebby or infringe the rights of third parties and do not stop the violation without delay after being asked to; in the case of serious violations a warning is not required;
• you are in default with an amount that is due and do not pay even after a reminder with a deadline of at least 14 days;
• you gave false essential information when ordering, for example regarding name or address.

(3) Instead of terminating, in the cases of paragraph 2, first and second bullet point, we may block your Hebby temporarily, as far as necessary to stop the violation; we inform you without delay.

§ 7 Your obligations

(1) Keep your password, access data and agent keys secret and protect your computers and agents against unauthorised access. If you notice misuse, tell us without delay. Keep your email address up to date; we send contractual notices to it.

(2) Store only content that you are allowed to store. You are responsible for the content of your instance and its lawfulness, including content that your agents put there. Do not store content that violates criminal law.

(3) Do not use Hebby in a way that impairs the server, security or other customers, in particular not through attacks, malware, circumventing protective measures or a load that clearly exceeds the usual use by the booked people and agents.

(4) In the "Business" plan, you let only as many people use Hebby as you have booked seats. You are responsible for your people complying with these terms. You assign the permissions in the team yourself.

(5) If you connect language models through your own account, comply with that provider's terms.

(6) Additionally back up memories that are important to you yourself using the export function, if a loss would be particularly serious for you. Our obligation to back up every night (§ 1 (5)) remains unaffected.

§ 8 Rights of use

(1) For the term of the contract we grant you the simple, non-transferable and non-sublicensable right to use Hebby over the internet within the scope of these terms, in the "Business" plan for the booked people. The software is not handed over to you. Hebby contains open-source components; their licences, which are delivered with the software, apply to them.

(2) Your content remains yours. You grant us only the rights we need to operate Hebby for you (store, process, back up, restore). We do not analyse your content for our own purposes and do not train AI models with it.

§ 9 Scope and definitions

(1) These terms apply to all contracts for hosted Hebby in the "Personal" and "Business" plans concluded through www.hebby-memories.com, including contracts concluded with a voucher (§ 16).

(2) A "consumer" is any natural person who concludes the contract for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity (§ 13 BGB). A "business" is anyone who acts in the exercise of their commercial or self-employed professional activity when concluding the contract (§ 14 BGB). "Customer" ("you") is our contracting party; if you order for business purposes, it is the ordering company.

(3) The "Personal" and "Business" plans are open to consumers and businesses. In the order form you state whether you order privately (as a consumer) or for business purposes (as a business, with the name of the company). This determines in particular the right of withdrawal (§ 14) and the warranty (§ 12). In the "Business" plan we always state the total price including VAT in addition to the price plus VAT.

(4) Hebby "Self-Hosted" (purchase for operation on your own servers) is not covered by these terms. It is sold only to businesses and only on request under a separate written contract.

(5) Different, conflicting or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them.

§ 10 Data protection and data processing

(1) How we process your data as controller (order, contract, payment, website) is explained in our privacy policy at www.hebby-memories.com/en/privacy/.

(2) If you store personal data of other people in Hebby for your professional or business activity, we process it on your behalf (Art. 28 GDPR). The data processing agreement in the annex to these terms applies to this; it is concluded together with the contract. If you order for business purposes, it always applies. You receive it with the contract confirmation.

§ 11 End of the contract and your data

(1) During the term you can export your memories through the portal at any time.

(2) When the contract ends (also after a withdrawal) we pause your Hebby. We then keep your data for a further six months. During this time you can return by email (your Hebby then continues with your data and a new subscription) or request an export of your memories; we make it available for download within 14 days. After the six months have passed, we delete your instance with all its content; we inform you beforehand by email.

(3) If storage space on the server runs short, we may delete the data of ended contracts before the six months have passed, starting with those that ended longest ago. We inform you beforehand by email so that you can export your data or return. After deletion we inform you by email.

(4) Deleted data disappears from the nightly backups as soon as the backups concerned expire, after 90 days at the latest.

(5) We keep your contact and contract data (name, address, plan, payments), invoices and accounting records for the statutory periods (§ 14b UStG, § 147 AO: eight or ten years) and delete them afterwards.

§ 12 Defects

(1) The statutory rights in case of defects apply. For consumers these are the provisions on digital products (§§ 327 ff. BGB).

(2) Towards businesses, liability irrespective of fault for defects that already existed at the conclusion of the contract (§ 536a (1) first alternative BGB) is excluded. Businesses report defects without delay in text form.

§ 13 Liability

(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent that we have given a guarantee.

(2) In case of slightly negligent breach of an essential contractual obligation, we are liable only for the foreseeable damage typical for the contract. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you can regularly rely.

(3) In all other respects we are not liable for slight negligence.

(4) In case of loss of data, for slight negligence we are liable only for the effort needed to restore the data from the last backup; this does not apply to the extent the loss is due to our having breached our obligation to back up every night (§ 1 (5)).

(5) These limitations also apply to our vicarious agents. They do not apply to the extent mandatory law provides otherwise, in particular not to consumers' claims under §§ 327 ff. BGB, to the extent these are independent of fault.

§ 14 Right of withdrawal

Consumers have a statutory right of withdrawal. Details are in the withdrawal information that you receive with these terms and can find at www.hebby-memories.com/widerruf/ (German). You can also withdraw online using the button "Withdraw from contract", which is linked on every page of the website (www.hebby-memories.com/widerrufen/). Businesses have no right of withdrawal.

§ 15 Changes to these terms

(1) We offer you changes to these terms in text form at least six weeks before they are due to take effect; we show the changes side by side with the previous wording.

(2) Your consent is deemed given if you do not object in text form before they take effect, but only if the change

• is necessary to adapt these terms to a changed legal situation, to case law or to requirements of authorities, or to replace a provision that has become invalid, or
• is exclusively to your advantage or governs new services that are free of charge for you.

In both cases consent applies only if the change affects neither the prices nor your main obligations, nor term and termination, to your disadvantage. We point out this consequence of your silence, your right to object and the deadline specially in the offer of the change.

(3) All other changes apply only if you expressly consent. If you object or do not consent, the contract continues on the previous terms; the right of both sides to terminate under §§ 5 and 6 remains unaffected.

§ 16 Voucher

(1) If you order with a voucher, you choose the "Personal" or "Business" plan in the order form; there is no billing interval. In the "Business" plan you then choose the number of people (§ 1 (3)). You use the chosen plan free of charge for the period we told you with the voucher. If no period is stated, use is free of charge for an indefinite period; either side can terminate it at any time with one month's notice in text form.

(2) A voucher is not paid out in cash. After the free use ends, costs arise only if you newly order a paid plan. § 11 applies to your data.

§ 17 Provider

The provider is Weihrauch IT & Consulting, owner Oliver Weihrauch, Hebby Memories, email: office.weihrauch@gmail.com ("we", "us").

§ 18 Dispute resolution and final provisions

(1) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Hamburg. We may also sue at your general place of jurisdiction.

(4) Should a provision of these terms be invalid, the rest of the contract remains valid; the statutory provision replaces the invalid provision (§ 306 BGB).

Annex: Data processing agreement

between the customer ("controller") and Weihrauch IT & Consulting, owner Oliver Weihrauch, Hebby Memories ("processor").

1. Subject matter, duration, nature and purpose

(1) The processor operates a Hebby instance for the controller (Terms § 1). In doing so, it processes the personal data that the controller, its people and its agents store in the instance.

(2) Nature of the processing: storing, organising, linking, searching, converting into numerical vectors, backing up, restoring, deleting. Purpose: provision of Hebby under the main contract.

(3) Type of data: whatever the controller stores, typically names, contact details, contents of conversations, notes, work and project information, access and usage data of the controller's people. The controller stores special categories (Art. 9 GDPR) only if it has a legal basis for doing so and considers the technical and organisational measures (no. 6) sufficient.

(4) Data subjects: the controller's people (employees, team members), its customers, business partners and other people about whom it stores information.

(5) Duration: same as the main contract, afterwards until deletion under no. 8.

2. Instructions

The processor processes the data only on documented instructions from the controller, including with regard to transfers to third countries, unless it is required to do so by Union or German law; in that case it informs the controller beforehand, unless the law prohibits this. Instructions are the main contract, the settings in the instance and instructions in text form. If the processor considers an instruction unlawful, it says so without delay.

3. Confidentiality

The processor processes the data itself. If it uses other persons, it obliges them to confidentiality beforehand, unless they are subject to a statutory duty of confidentiality.

4. Sub-processors

(1) The controller authorises the following sub-processors:

Language model providers that the controller connects with its own account (for example Anthropic, OpenAI) are not sub-processors of the processor; the controller itself governs the relationship with them.

(2) The processor informs the controller in text form at least 30 days in advance of any intended addition or replacement. The controller can object for an important data protection reason; it can then terminate the main contract at the time of the change. The processor imposes the same data protection obligations on every sub-processor (Art. 28 (4) GDPR).

5. Assistance

The processor assists the controller with suitable measures in fulfilling the rights of data subjects (Art. 12 to 22 GDPR) and the obligations under Art. 32 to 36 GDPR. It reports a personal data breach without delay, if possible within 24 hours of becoming aware of it, with the information under Art. 33 (3) GDPR to the extent available. It forwards requests from data subjects to the controller.

6. Technical and organisational measures (Art. 32 GDPR)

• Separate instance per customer with its own database, its own network and its own firewall rule; container separation.
• Access to the instance only through TLS-encrypted connections; sign-in with password (stored as a hash) or agent key; limit on sign-in attempts.
• Administrative access to the server only by the processor, by key.
• Nightly encrypted backup on a separate backup device.
• Regular security updates of operating system and software.
• No analysis of the content, no training of AI models, usage statistics switched off.

7. Audits

The processor makes available to the controller all information needed to demonstrate compliance with these obligations and allows checks, as a rule by written information; on-site checks after registration with reasonable notice and without disrupting operations.

8. Return and deletion

After the main contract ends, the processor keeps the data for a further six months so that the controller can return or request an export (Terms § 11), and deletes it afterwards; earlier if the controller requests this in text form or after notice under Terms § 11 (3). The data disappears from the backups when they expire, after 90 days at the latest. An obligation to retain data under Union or German law remains unaffected.

9. Liability, precedence

Art. 82 GDPR applies to liability; otherwise the liability rules of the main contract apply. In case of conflict, this agreement takes precedence over the main contract in matters of data protection.