Version 1.0 · Effective date: January 2026
1.1 "Provider" means EvoMed Consulting GmbH, Hafenallee 43, 63067 Offenbach am Main, Germany.
1.2 "StarMap AI" means the proprietary AI-powered software platform provided as a cloud-based software-as-a-service, including optional modules branded as "NOVA" (together: "AI Tools").
1.3 "Client" means a legal entity or partnership entering into these Terms for business purposes (§ 14 BGB).
1.4 "Authorized Users" means employees or contractors of the Client authorized to access StarMap AI under the Client's account.
1.5 "Subscription" means the time-limited right to access and use StarMap AI under a selected plan.
1.6 "Client Data" means all data, content, and information submitted by or on behalf of the Client into StarMap AI.
1.7 "Output" means AI-generated results produced based on Client Data.
1.8 "AGB" means standard terms and conditions under §§ 305–310 BGB.
2.1 The Provider grants the Client a non-exclusive, non-transferable, time-limited right to access and use StarMap AI via the internet for internal business purposes only.
2.2 StarMap AI is provided as a decision-support tool for business strategy, operational planning, market positioning, and workflow and adoption analysis in MedTech.
2.3 StarMap AI is not a medical device, not CE-marked as such, and must not be used for clinical, diagnostic, therapeutic, or patient-related decision-making.
2.4 The Provider does not owe a specific business, regulatory, or commercial outcome.
3.1 Access requires creation of an account by the Client or its designated administrator.
3.2 The Client is responsible for all activities under its accounts, must ensure Authorized Users comply with these Terms, and must keep credentials confidential.
3.3 Account sharing between multiple legal entities or unrelated users is prohibited.
3.4 The Provider may implement reasonable security measures (e.g. MFA).
4.1 Fees, billing cycles, and included features are defined in the applicable order form or online checkout.
4.2 Fees are net, exclusive of VAT and other applicable taxes.
4.3 Invoices are payable within 14 days of invoice date unless agreed otherwise.
4.4 In case of late payment, statutory default interest (§ 288 BGB) applies.
4.5 The Provider may suspend access after prior notice if payment remains outstanding.
5.1 The Client shall use StarMap AI only in accordance with Annex A (Acceptable Use Policy).
5.2 In particular, the Client must not:
5.3 The Client must cooperate with reasonable security investigations.
6.1 Intended Use Limitation. StarMap AI provides analytical and strategic support only. Outputs are not advice.
6.2 Human Oversight. The Client must ensure that all Outputs are reviewed and validated by qualified human decision-makers before any action is taken.
6.3 Transparency Disclaimer. Outputs may be incomplete, inaccurate, biased, or outdated. The Provider does not guarantee correctness.
6.4 No Regulatory or Legal Guarantee. StarMap AI does not provide legal, regulatory, medical, or compliance advice.
7.1 The Provider retains all rights to the platform, AI models, prompts, system configurations, and documentation.
7.2 The Client retains ownership of its Client Data.
7.3 Outputs. The Client receives a perpetual, internal-use license to use Outputs for its business purposes. The Provider may use Outputs only in aggregated, anonymized form to improve the service, unless the Client objects in writing.
7.4 No rights are transferred beyond those expressly granted.
8.1 Each party shall treat confidential information as strictly confidential.
8.2 Confidentiality obligations survive termination for 3 years, trade secrets indefinitely.
8.3 Disclosure is permitted where legally required.
9.1 Each party acts as independent controller unless otherwise agreed.
9.2 Where the Provider processes personal data on behalf of the Client, a Data Processing Addendum (Annex C) applies.
9.3 Personal data input is discouraged. Health or patient data is strictly prohibited, unless an enterprise agreement and DPA are in place.
9.4 Sub-processors may be used (e.g. hosting, AI infrastructure).
9.5 International transfers comply with GDPR (e.g. SCCs).
9.6 See our Privacy Policy for details.
10.1 Target availability is defined in Annex B (Service Level & Support Policy).
10.2 Planned maintenance may occur with reasonable notice.
10.3 No guarantee of uninterrupted availability.
11.1 StarMap AI is provided "as is" and "as available", within the limits of German law.
11.2 Mandatory statutory rights remain unaffected.
12.1 Unlimited liability for intent, gross negligence, injury to life, body, or health, and mandatory statutory liability.
12.2 For simple negligence, liability is limited to foreseeable damages arising from breach of essential contractual obligations (Kardinalpflichten).
12.3 Liability is capped at the subscription fees paid in the preceding 6 months.
12.4 No liability for lost profits, indirect damages, or decisions taken solely based on Outputs.
13.1 Subscriptions renew automatically unless terminated with 30 days' notice.
13.2 Either party may terminate for cause.
13.3 The Provider may suspend access for misuse, security threats, or non-payment.
13.4 Upon termination, the Client may export data within 30 days; data is deleted thereafter.
14.1 The Provider may log usage for security, misuse prevention, and billing.
14.2 Monitoring is proportionate and GDPR-compliant.
15.1 The Provider may update these Terms with 30 days' notice.
15.2 If the Client objects, it may terminate before changes take effect.
16.1 German law applies, excluding CISG.
16.2 Exclusive jurisdiction: Frankfurt am Main, Germany.
16.3 Injunctive relief remains available.
17.1 Assignment requires consent (except intra-group).
17.2 Severability clause applies (§ 306 BGB).
17.3 Notices may be given electronically.
1.1 The Parties expressly agree that StarMap AI is designed and intended to operate without the processing of personal data.
1.2 The Client shall, as a primary obligation, avoid the input of personal data into StarMap AI.
1.3 Health data, patient data, and other special categories of personal data (Art. 9 GDPR) are strictly prohibited and must not be processed under any circumstances.
1.4 This Annex C applies only if and to the extent that the Parties explicitly agree in writing that the Provider processes limited personal data on behalf of the Client within the meaning of Art. 28 GDPR. If no such written agreement exists, this Annex C shall have no effect.
2.1 Default Position (No Processing on Behalf). Unless expressly agreed otherwise, the Parties act as independent controllers, and the Provider does not process personal data on behalf of the Client.
2.2 Exceptional Processor Role. Only if explicitly agreed in writing: the Client acts as data controller, and the Provider acts as data processor within the meaning of Art. 28 GDPR, solely for the limited purposes defined in Section 3.
4.1 Permitted data categories (if unavoidable): business contact data (e.g. name, role, business email), professional context information.
4.2 Prohibited data categories: health data, patient data, genetic or biometric data, data relating to minors, any special categories under Art. 9 GDPR.
4.3 Data subjects: employees or representatives of the Client only.
If Annex C is activated, the Provider shall:
6.1 The Provider may engage sub-processors only to the extent technically necessary (e.g. hosting providers).
6.2 A current list of sub-processors shall be made available upon request.
6.3 The Provider shall impose equivalent data protection obligations on sub-processors.
7.1 Any transfer of personal data outside the EU/EEA shall occur only if unavoidable and only with appropriate safeguards, including EU Standard Contractual Clauses (SCCs), where applicable.
8.1 The Provider implements technical and organizational measures designed to prevent the ingestion of personal data, limit access on a need-to-know basis, and ensure system integrity and availability.
8.2 Detailed TOMs may be provided upon justified request.
9.1 Upon termination of the Subscription, personal data (if any) shall be deleted without undue delay, and in any case no later than 30 days, unless legal retention obligations apply.
9.2 Backup retention is limited and technically unavoidable only.
10.1 Given the data-avoidance design, on-site audits are excluded unless legally required.
10.2 Audit obligations shall be satisfied through documentation, certifications (if available), and written confirmations.
11.1 This Annex C does not expand the Provider's liability beyond what is agreed in the main Terms of Service.
11.2 The liability limitations in the Terms of Service apply accordingly.
12.1 In case of conflict, this Annex C prevails only with respect to activated processing activities.
12.2 Otherwise, the main Terms of Service prevail.
This Annex C applies only if expressly activated by a separate written agreement signed by both Parties. Without such activation, no data processing on behalf of the Client is agreed.
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