1.1. Use of the websites offered by SCAILE Technologies GmbH and/or its subsidiaries and brands, including HyperNiche AI (the "HyperNiche Website"), is only permitted under these terms. These General Terms of Use may be supplemented, modified, or replaced by additional terms (e.g., for purchases of products and/or services). By logging in — or, if no login is required, by using the site — you accept these terms in their current version.
1.2. If you access the HyperNiche Website as or on behalf of a company — i.e. in the course of commercial or self-employed activity — or on behalf of a public body, Sections 312i (1) 1-3 of the German Civil Code do not apply.
1.3. For content or offers targeted at companies or public bodies, the user acts as representative and binds their organisation with their actions and knowledge.
2.1. SCAILE Technologies GmbH provides certain information and software on the HyperNiche Website, possibly with documentation, for retrieval or download.
2.2. SCAILE reserves the right to suspend operation of the HyperNiche Website — partially or completely — at any time. Given the nature of the internet and computer systems, SCAILE does not warrant uninterrupted availability of the Website.
3.1. Some pages of the HyperNiche Website may be protected by password. Access to these pages is restricted to registered users for security reasons. There is no entitlement to registration. SCAILE reserves the right to impose registration requirements on previously open pages. SCAILE may revoke access at any time — without explanation — especially if the user:
3.2. Where registration is required, users must provide true and accurate information and update it if it changes. Users must ensure they receive emails sent to their registered address.
3.3. After registration, the user will receive a username and temporary password ("credentials"). On first login, the password must be changed. Credentials enable users to view/manage their data and consents.
3.4. Users must keep credentials secret; any actions under the credentials are the user's responsibility. After each session, the protected area must be exited. If misuse is suspected, users must immediately inform SCAILE in writing (or by email).
3.5. Upon receiving such a notice, SCAILE will block access using those credentials. Re-activation requires a separate request or re-registration.
3.6. Users may request deletion of their account in writing at any time, provided no ongoing contractual relationships are affected. SCAILE will delete all personal data unless legally required to retain it.
4.1. Use of content, software, and documentation provided on the HyperNiche Website is governed by these terms or by specific license terms agreed at download. License terms take precedence.
4.2. SCAILE grants users a non-exclusive, non-transferable right to use content, software, and documentation to the extent intended by provision.
4.3. Software is provided in compiled form without charge. There is no right to source code, except for open-source components, where open-source license terms apply; source code will be made available under those terms, possibly for cost reimbursement.
4.4. Users may not distribute, rent, transfer, or otherwise make available any of the content, software, or documentation to third parties, nor reverse-engineer it, unless legally permitted. Backup copies are permitted only for personal archival purposes.
4.5. All content, software, and documentation are protected by copyright and intellectual property laws. Users must respect intellectual-property notices, trademarks, and copyright to retain integrity.
4.6. Mandatory provisions of German copyright law (Sections 69a ff. UrhG) remain unaffected.
5.1. Except as expressly permitted above, users may not modify, copy, reproduce, sell, rent, use, or otherwise exploit content, trademarks, or other materials from the HyperNiche Website without prior written consent.
5.2. Users are granted no rights to SCAILE's business name, patents, trademarks, or other protected rights, and SCAILE is not obligated to grant any such rights.
5.3. Any ideas or suggestions submitted via the Website may be used by SCAILE for product or service development free of charge unless the user expressly reserves rights and makes this reservation known.
6.1. Users shall not:
6.2. SCAILE may suspend access at any time if users breach their obligations.
The HyperNiche Website may provide links to third-party sites. SCAILE does not check or endorse these sites and accepts no liability. Access is at users' own risk.
8.1. For free content, software, or documentation, SCAILE excludes liability for defects — except in cases of intent or willful misconduct.
8.2. Technical specifications or capabilities of products described may change; actual performance must be confirmed at purchase.
9.1. Liability is limited according to section 8, except in cases of statutory product liability, intent or gross negligence, injury to life/body/health, or where guarantees are given. Liability for typical, foreseeable losses is limited in lesser cases.
9.2. Although SCAILE aims to keep the Website virus-free, it makes no guarantees; users are advised to use antivirus protection.
9.3. This does not shift the burden of proof to the detriment of users.