Terms and conditions

§ 1 Scope and contracting parties#

1.1 These terms and conditions apply to the provision and use of the software “Dory” by Georg Ortner, trading as the sole trader DoryAI, Rigaer Straße 47A, 10247 Berlin, VAT ID DE405789769 (below “we” or “us”) towards the organisation that books Dory (below “you” or “your organisation”).

1.2 The offer is aimed at entrepreneurs within the meaning of § 14 BGB, at associations and other organisations, and at legal persons under public law. We do not verify that status. If mandatory law gives you a consumer right of withdrawal, that right remains unaffected; § 5 and the withdrawal policy then apply to you.

1.3 Your organisation’s own terms apply only if we have agreed to them in text form.

1.4 These terms apply together with Annex 1 (data processing), which is part of this contract and is accepted with it.

§ 2 Definitions#

Dory

The software available at app.dory-ai.com, together with the language models it calls and the integrations it offers.

Organisation

Our contracting party. All members of an organisation share Files, integrations and one credit balance.

Member

A person your organisation has invited. The roles are owner, admin and member.

Chat

One person's exchange with Dory. Chats are private to that person.

Document

A text or a file your organisation stores under Files.

Credit

The unit in which Dory's work is billed (§ 4).

Integration

A connection to one of your own tools, authorised by you and revocable by you at any time.

Content

Everything your organisation enters into Dory or has Dory generate.

§ 3 How the contract comes about#

3.1 Registration and free trial#

You create an account, confirm the email address and store a payment method. When the account is opened, a free trial contract comes about. Your organisation receives 500 credits, once.

Storing the card triggers no payment. There is no deadline, nothing expires, and the trial contract does not turn into a paid subscription automatically. Once the trial credits are used up, Dory cannot run anything until you choose a plan yourself. Each organisation can use the trial once.

3.2 Paid subscription#

If you choose a plan, Dory takes you to an order page of our payment provider Stripe. There you see the plan, the price and VAT before you submit. By clicking the “Order with obligation to pay” button, you make a binding offer. The paid subscription contract comes about when we confirm the order or activate the service.

The trial contract under § 3.1 and the subscription contract are two separate contracts. Trial credits remain in place after a subscription is taken out.

3.3 Who acts for the organisation#

The owner acts for your organisation. Admins can invite and remove people, change roles, set up shared integrations, buy credits and switch the plan. What these people do takes effect for and against your organisation.

§ 4 Services, credits and payment#

4.1 What a plan includes#

Every plan includes unlimited members, all integrations, all models and all features. The plans differ in exactly one number: the credits included per billing period.

4.2 What credits are used for#

Credits are used for the work Dory carries out for your organisation. That includes:

• answers in a Chat, including answers triggered by a scheduled task or an external trigger;
• work Dory does in the background on your own content: summaries and titles of Chats, creating and merging memories, and checking its own research results;
• web search, fetching web pages and capturing a website;
• transcription of audio, billed per minute started;
• queries to paid data sources, currently LinkedIn queries and search engine, keyword and domain data.

Reading, searching your own material, exporting and most integrations cost nothing. More powerful models use more credits than standard models; the app points this out before you choose a model. What a single action uses depends on length and model and cannot be stated as a fixed number per answer.

4.3 Order of use and expiry#

1. Credits are used up in this order:
   1. the plan credits included in the current billing period;
   2. trial credits;
   3. credits bought on top.
2. Plan credits expire at the end of the billing period. They do not carry over. Trial credits and credits bought on top do not expire.
3. The billing period follows the payment provider’s cycle, not the calendar month.

4.4 Buying credits on top#

You can buy credits on top at any time in whole euros, at least €20 and at most €2,000 per purchase. How many credits you get per euro depends on your plan and is shown to you before the purchase. Each purchase on top is a separate contract for digital content supplied immediately.

4.5 Prices and VAT#

All prices are net prices plus statutory VAT. VAT is calculated according to your registered seat and your VAT identification number and is shown on the invoice. Invoices and receipts are provided by our payment provider.

4.6 Payment, stored card and automatic top-ups#

Payment runs through our payment provider Stripe. By accepting these terms when ordering, you agree that the payment method you have stored is saved and charged again for the following payments:

• the monthly renewal of your subscription;
• automatic top-ups, if an admin in your organisation has switched them on.

Automatic top-ups are off by default. If you switch them on, you decide yourself at which remaining balance a top-up happens, with which amount, and up to which monthly ceiling. These payments happen without you present. You can switch automatic top-ups off again at any time; an automatic invoice still open is then cancelled. If an automatic top-up is declined, we do not retry it: we cancel the invoice straight away, point it out to you in the app, and send an email. You then buy credits yourself or store a different card.

This does not apply to the renewal of the subscription. If a renewal is declined, Stripe retries the payment several times over about two weeks and notifies you as it does. If it ultimately fails, the subscription is set to “unpaid”: the monthly plan credits stop, and without a balance Dory cannot run anything. Reading, searching and exporting stay available. You reactivate the subscription by settling the most recent open invoice in the customer portal.

A plan change takes effect from the next renewal. There is no pro-rata billing, neither in your favour nor in ours.

4.7 No refunds#

Outside a statutory right of withdrawal (§ 5), payments made are not refundable. In particular:

• Cancelling does not lead to a refund of the current billing period; that follows from the exclusion of pro-rata billing in § 4.6.
• Unused credits are not paid out in money, neither plan credits nor credits bought on top.
• Plan credits that expire at the end of the billing period are not compensated.

Credits bought on top and trial credits remain usable after a cancellation (§ 9.3). They do not expire; they are only not paid out.

§ 5 Right of withdrawal#

If you are a consumer with a statutory right of withdrawal, the conditions, the periods and the model withdrawal form in our withdrawal policy apply; it is part of this contract.

The withdrawal period for a paid subscription starts when the subscription contract under § 3.2 is concluded, not at registration: nothing is bought at registration. Each purchase of credits on top under § 4.4 has its own withdrawal period.

The right of withdrawal can lapse early if you expressly consent to immediate performance and confirm that you thereby lose your right of withdrawal. The details and the provisions that apply are set out in the withdrawal policy. We send you a confirmation of the contract on a durable medium with the order confirmation by email.

§ 6 Your content and your obligations#

6.1 Your content stays yours#

Your organisation remains the owner of its content. You grant us only the rights we need in order to provide the service to you: to store, transmit and process content so that Dory can answer, and to pass the part required for an answer to the model you have chosen. Nothing your organisation enters is used to train models.

6.2 What you take care of#

1. That your organisation’s access stays protected, including the access of the people you invite.
2. That you are entitled to process your content in Dory and to allow Dory access to the connected tools.
3. Lawful use. The following in particular are prohibited:
   1. content that infringes third-party rights;
   2. attempts to access other organisations’ data;
   3. automated use that endangers operation.
4. Telling us if you notice something that is not right.

If a person breaches these obligations, we can block their access and inform you of it. In the case of a serious breach, we can terminate the contract for cause (§ 9.4).

6.3 Check the results#

Dory writes drafts, answers and analyses and names the sources so that you can check them. Before Dory creates, changes or sends anything, it asks; reading never asks. What a language model outputs can still be wrong, incomplete or out of date without the text showing it. The results are therefore a starting point for your own judgement, not a replacement for it. If a result is to form the basis of a decision with legal, financial or health-related weight, check it against the named sources and your own professional judgement before you use it. We do not warrant that a particular result is correct, complete or fit for a particular purpose.

6.4 Notice under the AI Act#

Dory is an AI system. Anyone working with Dory is interacting with an AI system and not with a human being. That already follows from the name, the description and the design of the product (Art. 50 (1) Regulation (EU) 2024/1689); we point it out expressly here.

§ 7 Availability and support#

We operate Dory with the aim of high availability and carry out maintenance so that interruptions stay short. We do not owe any particular availability, and short interruptions are not a defect. There is no service level agreement.

Support runs by email to support@dory-ai.com and is included in every plan. There is no support product, no promised response times and no ticket quota.

§ 8 Data protection#

Under data protection law, your organisation is the controller for its content. We process it strictly on your instructions. The data processing agreement under Art. 28 GDPR is Annex 1 to these terms; you do not have to request it separately. It names all sub-processors.

What we store for you is stored in Frankfurt am Main. Processing by language models does not take place exclusively in the EU; which providers are involved and on what basis data is transferred is set out in Annex 1.

How we process personal data as a controller in our own right is set out in the privacy policy for this website and in the privacy policy for the app.

§ 9 Term, renewal and cancellation#

9.1 Term#

The subscription contract runs for one month and renews by one month at a time for as long as it is not cancelled. The free trial contract runs indefinitely and can be ended by either side at any time.

9.2 Cancellation#

You can cancel at any time, without a notice period and without giving reasons. The cancellation takes effect at the end of the current billing period. Until then, access stays unchanged.

Two routes are open to you, and both are equivalent:

• in the app via Stripe’s customer portal, reachable in the settings under billing;
• by email to support@dory-ai.com. A cancellation sent this way is carried out by us and confirmed to you.

9.3 What happens to your data after cancellation#

Your data stays. After the subscription ends you can still read, download and export everything, but you can no longer run anything that costs credits. There is no retention period and no deletion run: access stays in this state until you take out a subscription again or request deletion.

Credits bought on top and trial credits stay usable until they are used up. You cannot add new integrations in this state; existing ones stay usable. Background work started by Dory itself (summaries, memories, analyses) no longer happens.

Deleting the account is a separate, express step by your organisation. The owner requests it in the settings; we carry it out within one month. A running subscription must be cancelled first. Deletion is final. Invoices and payment receipts stay with the payment provider, because tax law requires them to be kept.

9.4 Cancellation by us#

We can cancel the contract with 30 days’ notice to the end of a billing period. The right to terminate for cause remains unaffected for both sides; for us, cause exists in particular in the case of a serious breach of § 6.2.

§ 10 Liability#

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

10.2 In the case of simple negligence, we are liable only for the breach of a material contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the damage that is typical for this type of contract and foreseeable.

10.3 Liability under 10.2 is also limited in amount to the fees your organisation paid us in the twelve months before the event causing the damage.

10.4 For the loss of data we are liable only up to the effort that would have arisen for restoring it from a properly maintained backup.

10.5 Any further liability is excluded. The limitations also apply to our legal representatives and vicarious agents.

§ 11 Changes to these terms#

We can change these terms if a change is necessary for legal or technical reasons or because the product has changed. We notify you of the change in text form at least 30 days before it takes effect. If you do not object before it takes effect, the change is deemed accepted; we point this out separately in the notice. If you do object, you can cancel the contract up to that point in time.

§ 12 Final provisions#

12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which a consumer has their habitual residence remain unaffected.

12.2 The exclusive place of jurisdiction is Berlin, insofar as you are a merchant, a legal person under public law or a special fund under public law, or insofar as a place of jurisdiction can otherwise be validly agreed.

12.3 Changes and additions to this contract require text form. That also applies to the waiver of this clause.

12.4 If a provision is invalid, the rest of the contract remains valid.

12.5 We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body.

12.6 These terms exist in German and English. In the event of any discrepancy, the German version prevails.

Annex 1 Data processing (DPA)#

This annex is the contract on the processing of personal data on behalf of a controller under Art. 28 GDPR between your organisation as controller and us as processor. It is accepted together with the terms and does not have to be signed separately.

A1.1 Subject matter, nature, purpose and duration#

Subject matter and purpose. We process the personal data contained in your content in order to provide Dory: to store Chats, Documents and memories, to answer with the model you have chosen, and to reach the tools you have connected.

Nature of the processing. Collecting, storing, organising, reading, querying, transferring to the sub-processors named in A1.5, deleting.

Duration. The processing runs for the term of the main contract.

A1.2 Categories of data subjects and data#

Which data is processed is determined by your organisation through what it enters into Dory and which tools it connects. Typically that is:

• Data subjects: members of your organisation; people your organisation works on in Dory, such as contacts at customers, prospects, suppliers and applicants; senders and recipients of the connected mailboxes.
• Categories of data: master data and contact data, contents of messages and Documents, appointment and case data, data from connected systems, and usage and log data.

Special categories of personal data under Art. 9 GDPR are not intended for Dory. Enter them only if your organisation has its own legal basis for doing so.

A1.3 Instructions#

We process personal data exclusively on documented instructions from your organisation, including with regard to a transfer to a third country. The instructions are this contract, the settings your admins choose in the app, and the requests your members make in the app. Further instructions are given by you in text form to support@dory-ai.com.

If we are legally obliged to carry out a processing operation, we inform you beforehand, unless the law prohibits that. We tell you if we are of the view that an instruction infringes data protection law.

A1.4 Confidentiality#

All people who have access to personal data on our behalf are bound to confidentiality and have been instructed in data protection. The obligation continues beyond the end of their work for us.

A1.5 Sub-processors#

You agree to the use of the following sub-processors. Contracts under Art. 28 GDPR are in place with all of them. For providers outside the EU, transfers are based on EU standard contractual clauses under Art. 46 GDPR and, where available, on a certification under the EU-US Data Privacy Framework.

Infrastructure and storage

Language models and audio

Integrations and tools

Payment, operations and communication

We inform you in text form at least 30 days before a new sub-processor is used. You can object for an important data protection reason. If the objection cannot be resolved, you can terminate the main contract for cause as at the date of the change.

Integrations you connect yourself are not sub-processors of ours: there, your organisation determines the recipient and the legal basis.

A1.6 Technical and organisational measures#

We take the measures required under Art. 32 GDPR, in particular:

• encryption of transmission (TLS) and of storage;
• separation of different organisations’ data at application level;
• access to production systems only for the people who need it, with two-factor authentication;
• encrypted storage of the access credentials for connected tools;
• backups on separate systems whose restoration is tested;
• logging of security-relevant events;
• procedures for regularly reviewing and evaluating these measures.

We may develop the measures further, as long as the level of protection is not reduced.

A1.7 Support for your organisation#

We support your organisation with appropriate technical and organisational measures in

• answering data subject requests under Chapter III GDPR. If a data subject approaches us, we refer them to your organisation and inform you;
• meeting the obligations under Art. 32 to 36 GDPR, that is, data security, notification of personal data breaches, communication to data subjects, data protection impact assessment and prior consultation.

We report a personal data breach to you without undue delay after becoming aware of it and provide the information you need for your own notification under Art. 33 GDPR.

A1.8 Deletion and return#

Your organisation can export its data from the app itself at any time. After the end of the main contract, the data remains readable at first (§ 9.3) so that you can export it or continue the subscription.

At your request we delete the personal data or return it; the owner’s request to delete the account counts as such a request. We carry out the deletion within one month. Data subject to a statutory retention obligation is excluded, in particular invoices and payment receipts.

A1.9 Evidence and audits#

On request we provide you with the information required to demonstrate compliance with the obligations under Art. 28 GDPR. Verification is by documentation and self-disclosure, in particular by the description of the measures under A1.6 and by answering a questionnaire, not by an on-site audit.

If the evidence gives reasonable cause, we agree on how to proceed in the individual case.

Questions about this annex go to support@dory-ai.com. A person who works on the system answers. This document exists in German and English. In the event of any discrepancy, the German version prevails.