> For the complete documentation index, see [llms.txt](https://docs.prove.ly/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://docs.prove.ly/about/terms.md).

# Terms

***

**Last updated: September 9, 2026**

{% hint style="info" %}
**The short version — not part of the contract.**

You get a license to use Provely inside your own organization for the term you've bought — whether you signed an Order Form or subscribed online. You own your policies and your evidence; we own the platform. You decide what goes out, and every piece of content is approved by a named person before it reaches anyone — automation on higher plans runs the rules you configured, never content you didn't approve. Provely won't tell you whether your policy is legally sufficient, and running a campaign is not a guarantee that you are compliant. Evidence can't be edited, by you or by us, because that's the point of it. Each plan keeps evidence for a stated retention period — we warn you twice before anything expires, and upgrading rescues it. Export what you need before your plan's retention or your contract ends. German law, Berlin courts, business customers only.

The binding text is below. Where the summary and the clauses differ, the clauses win.
{% endhint %}

### 1. Scope and contracting parties

**1.1** These General Terms and Conditions ("Terms") govern all contracts, deliveries and services of **Unicorn Markets GmbH**, Mühlenstr. 8a, 14167 Berlin, Germany, registered with the commercial register of the Amtsgericht Charlottenburg under HRB 235015 B ("Provely", "we", "us"), relating to the provision of the Provely platform. Full provider identification is set out in the [Imprint](https://docs.prove.ly/about/about-us#imprint).

**1.2** These Terms form an integral part of every contract concluded between Provely and its customers ("Customer", "you") concerning use of the platform and related services (together, the "Services").

**1.3** The Services are offered exclusively to entrepreneurs within the meaning of § 14 BGB, to legal persons under public law and to special funds under public law. They are not offered to consumers within the meaning of § 13 BGB.

**1.4** These Terms apply exclusively. Terms of the Customer that deviate from, conflict with or supplement these Terms become part of the contract only where we have expressly agreed to them in text form. This applies equally where we provide the Services with knowledge of such terms without objecting to them.

**1.5** Individual agreements made with the Customer in a specific case — including side agreements, amendments and supplements — take precedence over these Terms to the extent they deviate from them.

**1.6** These Terms also apply to all future services and offers provided within an ongoing contractual relationship, without the need for separate agreement in each case. The version in force at the time the relevant contract is concluded applies.

**1.7** Where these Terms require text form, § 126b BGB applies. Transmission by email, including as a PDF attachment, is sufficient unless expressly stated otherwise.

### 2. Definitions

**"Agreement"** means these Terms, the applicable Order Form or, for Self-Serve Plans, the applicable Plan Description, and the Data Processing Agreement, together.

**"Order Form"** means the ordering document agreed between the parties setting out the subscribed scope, fees, term and any commercial terms specific to the Customer.

**"Plan Description"** means the description of a plan's scope, features, limits, capacity band and Evidence retention period published by us, as applicable at the time of purchase or the relevant renewal.

**"Self-Serve Plan"** means a plan offered for online self-service purchase without an Order Form, including the free pilot plan, Campaign Packs and the Team plan.

**"DPA"** means the [Data Processing Agreement](https://docs.prove.ly/about/data-processing), which forms part of the Agreement.

**"Administrator"** means a person authorized by the Customer to operate the platform on the Customer's behalf.

**"Recipient"** means a person to whom the Customer directs a campaign through the platform.

**"Covered Persons"** means the persons covered by the Customer's subscribed plan, measured as the average number of persons concurrently covered during the relevant term.

**"Customer Content"** means policies, documents, campaign text, recipient data and any other material the Customer or its Administrators upload to or generate within the platform.

**"Evidence"** means the append-only records the platform produces about campaign and completion events.

### 3. Conclusion of contract

**3.1** A contract comes into effect when the parties agree an Order Form, or when we confirm the Customer's order in text form, or when we grant access to the Services, whichever occurs first.

**3.2** The subscribed scope of the Services follows from the Order Form or, for Self-Serve Plans, from the Plan Description applicable at the time of purchase or the relevant renewal. Where the Order Form is silent, the service description published by us at the time the contract is concluded applies.

**3.3** Our documentation, including this documentation site, describes how the platform works. It is not a service level commitment and does not form part of the Agreement. Binding statements about scope and availability arise solely from the Order Form, the Plan Description and these Terms.

**3.4** For Self-Serve Plans, the contract is concluded when the Customer completes the checkout process and we confirm the order in text form or activate the plan, whichever occurs first. The Customer can review and correct its entries at any time before completing checkout. To the extent permitted for contracts between entrepreneurs, § 312i (1) sentence 1 nos. 1 to 3 BGB is excluded.

**3.5** By completing checkout or activating a Self-Serve Plan, the person acting confirms that they are acting for an entrepreneur within the meaning of § 14 BGB, a legal person under public law or a special fund under public law, and that they are authorized to bind that entity. We may rescind a contract concluded in breach of this confirmation.

**3.6** Where the Customer's workspace was arranged or is operated with the assistance of one of our authorized partners, the Customer's contract for the Services remains with us at our published prices, and these Terms and the DPA apply between us and the Customer. Services provided by the partner itself are governed by the partner's separate agreement with the Customer, to which we are not party and for which we are not responsible.

### 4. Right of use

**4.1** Subject to conclusion of the Agreement and to payment of the agreed fees when due, we grant the Customer a non-exclusive, non-transferable and non-sublicensable right, limited to the term of the Agreement, to access and use the Services for the Customer's own internal business purposes.

**4.2** The Services may be used only by the Customer's Administrators and Recipients. Resale, sublicensing, provision to third parties, service-bureau use and any other commercial exploitation of the Services require our prior agreement in text form. Authorized partners operating under a separate partner agreement with us are governed by that agreement.

**4.3** All rights in the Services — including the software, models, interfaces, workflows, evidence structures and documentation — remain with us or our licensors. No rights beyond the right of use expressly granted in clause 4.1 are transferred.

**4.4** Where the Customer's plan supports multiple legal entities, the Customer may extend use of the Services to its Affiliates. "Affiliate" means an entity that controls, is controlled by, or is under common control with the Customer within the meaning of §§ 15 ff. AktG. The Customer remains responsible for its Affiliates' use as for its own; Affiliates acquire no direct claims against us, and their Covered Persons count toward the Customer's subscribed capacity band.

### 5. The Services

**5.1** We provide a multi-tenant, cloud-based platform through which the Customer can map its policy obligations, distribute policy and awareness content to named Recipients, record reading, comprehension and attestation events, and generate audit-ready documentation of those events.

**5.2** Depending on the subscribed plan and unless the Order Form or Plan Description provides otherwise, the Services include in particular:

* modeling of legal entities, operational countries and policy categories, and display of the resulting applicability overview;
* upload of policy documents and generation of draft knowledge content, glossary terms, comprehension questions and attestation clauses;
* human review, editing and approval of that content by an Administrator;
* distribution of campaigns to Recipients and delivery of reminders;
* where the plan includes identity verification, verification of Recipient identity at sign-in;
* recording of completion and attestation events as append-only Evidence;
* calculated readiness reporting and exportable audit evidence;
* where the plan includes automation, repository monitoring, suggested and rule-based campaigns, scheduled report delivery and point-in-time reconstruction.

**5.3** We may develop, modify and update the Services, provided that the core functionality subscribed to is not materially reduced during the term.

**5.4** Features expressly designated as beta, preview or experimental are provided as-is, may be withdrawn at any time, and are excluded from clauses 12 and 17.

**5.5** We may offer a free pilot plan with the limits published in its Plan Description (currently: one legal entity, 25 Covered Persons, one campaign, one Evidence export, and an Evidence retention period of six months). The pilot plan is provided free of charge and as-is; clauses 12 and 17 do not apply to it, and our liability in connection with the pilot plan is limited to the grounds in clause 18.1 and to damage caused intentionally or by gross negligence. We may modify or discontinue the pilot plan at any time. Clause 9.5 applies to Evidence created under the pilot plan.

**5.6** Campaign Packs entitle the Customer to run one campaign up to the recipient limit stated in the Plan Description, including one Evidence export, with an Evidence retention period of twelve months from purchase. Campaign Packs are one-off purchases and do not renew. Payment and refunds are governed by clause 13.8.

### 6. No outcome owed

**6.1** We owe the provision of the Services. We do not owe any particular result, learning outcome, comprehension level, completion rate, or regulatory or compliance outcome.

**6.2** In particular, the Services do not constitute legal advice and do not assess whether the Customer's policies are adequate, current or legally sufficient. We do not monitor regulatory developments on the Customer's behalf and do not tell the Customer what its policies should say. Use of the Services, including any templates relating to the EU AI Act (Regulation (EU) 2024/1689) or any other regulation, does not ensure, and does not by itself demonstrate, compliance with that regulation.

**6.3** The Customer alone determines which obligations apply to it, which policies satisfy those obligations, which people must receive them and whether the Evidence produced is sufficient for the Customer's own regulatory purposes.

**6.4** Whether a supervisory authority, auditor, certifier or court accepts the Evidence is outside our control, and we give no assurance in that respect.

### 7. Customer Content

**7.1** The Customer is solely responsible for Customer Content, including its lawfulness, accuracy, completeness and appropriateness, and for holding all rights necessary to upload and distribute it.

**7.2** We do not review or validate Customer Content and are not responsible for its correctness or legal compliance. Automated processing of a document by the platform is not a review of it.

**7.3** The Customer grants us the non-exclusive right to host, reproduce, transmit and process Customer Content to the extent required to provide the Services. Processing of personal data is governed exclusively by the [DPA](https://docs.prove.ly/about/data-processing).

**7.4** We do not use Customer Content to train machine learning models, and we do not disclose it to third parties except to the subprocessors listed in the DPA or where legally required.

**7.5** The Customer is responsible for ensuring it has a lawful basis to include each Recipient in a campaign and for meeting any information, consultation or co-determination obligations that apply to it, including any obligation to involve a works council.

### 8. AI-assisted drafting, templates, automation and human approval

**8.1** The platform uses AI to produce **drafts** of knowledge content, glossary terms, questions and attestation clauses from documents the Customer supplies. Drafts are proposals, not approved content.

**8.2** No campaign content reaches a Recipient without approval by a named Administrator, which freezes the approved content and records the approving identity. On plans that include automation, campaigns may be initiated automatically by rules the Customer's Administrators have configured — for example, requalification upon a material policy update or onboarding of new Recipients. The configuration of such a rule is the Administrator's deliberate act, and automated campaigns use only content approved under this clause. See [How AI is used](https://docs.prove.ly/ai-in-provely/ai).

**8.3** By approving content, the Customer adopts it as its own and accepts responsibility for it under clause 7.1. This applies regardless of whether the content was drafted by AI, based on a template, or written by an Administrator. The Customer is likewise responsible for the automation rules its Administrators configure.

**8.4** AI-generated output may be inaccurate, incomplete or unsuitable notwithstanding that it cites a source passage. The Customer is required to review drafts before approval, and we give no warranty as to the accuracy or fitness of draft output.

**8.5** No personal data of Recipients is transmitted to the AI component. The subprocessor performing AI inference is identified in the DPA.

**8.6** We may provide pre-built campaign or content templates. Templates are generic starting points, are not legal advice, and do not reflect the Customer's specific obligations. Clause 8.3 applies to content the Customer approves on the basis of a template.

### 9. Evidence, records, retention and export

**9.1** Evidence is append-only by design. Neither the Customer nor we can edit or delete individual Evidence records. Corrections are made by adding corrective records. The Customer accepts that we cannot accommodate requests to alter Evidence, and that this immutability is a characteristic of the Services rather than a defect.

**9.2** Content that has been approved and locked cannot be altered. Changes are made by creating a new version and, where appropriate, a new campaign.

**9.3** Erasure of a Recipient's identifying data is supported and severs identity while leaving the non-identifying Evidence structure intact, as described in [Erasure and GDPR](https://docs.prove.ly/data-protection-and-security/erasure-and-gdpr). Erasure is irreversible.

**9.4** The Customer may export Evidence at any time during the term using the platform's export functions, within any export limits of its plan. **The Customer is responsible for exporting and retaining all Evidence it requires before the applicable retention period or the Agreement ends.** Return and deletion after termination are governed by clause 19.5 and the DPA.

**9.5** Evidence is retained for the retention period of the Customer's plan, as stated in the Plan Description. We will warn the Customer in text form at least sixty days and again at least fourteen days before Evidence reaches the end of its retention period. Evidence that has not been exported and is not covered by an extended retention period is irrevocably deleted thirty days after expiry of its retention period. Upgrading to a plan with a longer retention period extends retention to all Evidence not yet deleted, including Evidence within the thirty-day post-expiry window. Deletion under this clause is performed on the Customer's instruction as documented in the subscribed Plan Description; clause 9.4 remains unaffected.

### 10. Administrators, Recipients and connected systems

**10.1** The Customer is responsible for the acts and omissions of its Administrators and Recipients as if they were its own, and for the accuracy of the recipient data it enters.

**10.2** Administrator access is role-based. The Customer is responsible for assigning roles appropriately, for removing access when a person leaves or changes role, and for the confidentiality of access credentials. The Customer must notify us without undue delay of any suspected unauthorized access.

**10.3** Where the Customer's plan includes Recipient identity verification, verification relies on the Recipient's own organizational identity provider. The Customer is responsible for ensuring its Recipients are able to authenticate through a supported provider. We are not responsible for the availability or behavior of that provider.

**10.4** Recipients are not our contractual partners. Their use of the platform is governed by their relationship with the Customer.

**10.5** Where the Customer's plan includes repository monitoring, the Customer may connect third-party repositories (such as document management, collaboration or version-control systems) for policy monitoring. The Customer is responsible for holding the rights necessary to grant such access and for the availability and behavior of the connected system; clause 12.3 applies. We access connected repositories only to detect and retrieve policy documents and versions.

### 11. Acceptable use

The Customer shall not, and shall not permit any third party to:

* reverse engineer, decompile or disassemble the Services, except to the extent § 69e UrhG permits and cannot be excluded by contract;
* use the Services to develop a competing product or service, or to train a machine learning model;
* circumvent access controls, tenant separation, usage limits, plan entitlements or the approval mechanism described in clause 8.2;
* upload unlawful, infringing or malicious material, or material containing special categories of personal data within the meaning of Art. 9 GDPR unless expressly agreed in advance;
* use the Services in a way that impairs their availability, integrity or security for other customers.

We may suspend access where there is a concrete and substantiated indication of a material breach of this clause, and will notify the Customer without undue delay and lift the suspension once the cause is remedied.

### 12. Availability and support

**12.1** We provide the Services with commercially reasonable care. Any binding availability target and any support scope, channel or response time follow from the Order Form. Where the Order Form is silent, no service level is owed.

**12.2** Planned maintenance will be scheduled to minimize disruption where reasonably possible, and we will give advance notice where the impact is material.

**12.3** Downtime caused by circumstances outside our reasonable control — including failures of the Customer's identity provider, of a repository connected by the Customer, of public networks, or of a subprocessor listed in the DPA — does not constitute a breach.

### 13. Fees, term and payment

**13.1** Fees follow from the Order Form, the Plan Description or our price list applicable at the time the contract is concluded.

**13.2** Unless otherwise agreed, fees are based on the subscribed plan or capacity band, the integrations and features enabled, and the support level agreed. Banded plans are measured in Covered Persons. All fees are stated in Euro and are exclusive of statutory value added tax.

**13.3** Fees are payable in advance for each billing period. For plans agreed under an Order Form, we may invoice at the beginning of the relevant period; invoices are due within fourteen (14) days of receipt without deduction. For Self-Serve Plans, fees are charged at checkout and at the beginning of each renewal period via the payment method stored with our payment processor.

**13.4** Where additional scope, integrations or features are added during the term, we may adjust the fees accordingly from the point of the change. For banded plans, exceeding the subscribed capacity band during a term does not change fees mid-term; we will notify the Customer, and the band is trued up at the next renewal based on average concurrent Covered Persons. A reduction in numbers does not lead to a retroactive reduction for the current billing period.

**13.5** In the event of payment default we may, after a reminder with a reasonable grace period, suspend access to the Services until payment is received in full. Statutory default interest applies. Further statutory rights, including termination for cause, remain unaffected.

**13.6** The Customer may set off only against claims that are undisputed or have been finally determined by a court, and may exercise a right of retention only in respect of claims arising from the same contractual relationship.

**13.7** For plans agreed under an Order Form, we may adjust fees with effect from the next renewal term by giving notice in text form at least three (3) months before the end of the current term; where the increase exceeds five per cent (5%), the Customer may terminate with effect from the end of the current term by giving notice within four (4) weeks of receiving ours. For Self-Serve Plans, we may adjust fees by giving notice in text form at least six (6) weeks before the adjustment takes effect, with effect from the next billing period; the Customer may terminate with effect from the date the adjustment takes effect by giving notice before that date.

**13.8** Campaign Packs are paid in full at checkout. A Campaign Pack purchase may be cancelled and refunded within fourteen (14) days of purchase, provided the campaign has not been launched. Once the campaign has been launched, the service is substantially performed and no refund is owed.

### 14. Data protection

**14.1** Processing of personal data on the Customer's behalf is governed by the [DPA](https://docs.prove.ly/about/data-processing), which forms part of the Agreement.

**14.2** The Customer acts as controller and we act as processor within the meaning of Art. 4 GDPR.

**14.3** In case of conflict, the order of precedence is: (i) the EU Standard Contractual Clauses, for transfer matters; (ii) the DPA; (iii) these Terms and the Order Form.

### 15. Confidentiality

**15.1** Each party shall keep confidential all information of the other party that is designated as confidential or that is evidently confidential by its nature, shall use it only for the purposes of the Agreement, and shall disclose it only to personnel and advisers who need it and are bound by equivalent obligations.

**15.2** This does not apply to information that is or becomes public without breach, was already lawfully known, is independently developed, or must be disclosed by law or by order of a court or authority. In the latter case, the disclosing party shall, where legally permissible, notify the other party in advance.

**15.3** These obligations survive the end of the Agreement by three (3) years, and indefinitely for trade secrets within the meaning of the GeschGehG.

**15.4** We may name the Customer as a reference customer only with the Customer's prior agreement in text form.

### 16. Third-party rights

**16.1** We will defend the Customer against claims by third parties alleging that the contractual use of the Services infringes their intellectual property rights, provided the Customer notifies us without undue delay, leaves the conduct of the defence to us and provides reasonable assistance.

**16.2** Where such a claim arises, we may at our discretion modify the Services so that no infringement subsists, obtain the necessary rights, or terminate the Agreement with a refund of prepaid fees for the unused remainder of the term.

**16.3** This clause does not apply where the claim arises from Customer Content, from use in breach of the Agreement, or from modifications not made by us.

**16.4** The Customer shall indemnify us against third-party claims arising from Customer Content or from use of the Services in breach of the Agreement, unless the Customer is not responsible for the breach.

### 17. Warranty

**17.1** We warrant that the Services will materially conform to the service description during the term. The statutory provisions on rental law (§§ 535 ff. BGB) apply to the provision of the Services, subject to the following.

**17.2** § 536a (1) BGB is excluded to the extent it establishes liability without fault for defects existing at the time of conclusion of the contract.

**17.3** The Customer shall report defects without undue delay in text form, with sufficient detail to allow reproduction.

**17.4** Immaterial impairments do not constitute a defect. Nor does the immutability of Evidence described in clause 9.1, the absence of an outcome described in clause 6, or the limitation of features to those of the subscribed plan as stated in the Plan Description.

### 18. Liability

**18.1** We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the Produkthaftungsgesetz, and to the extent we have assumed a guarantee.

**18.2** In the case of simple negligence, we are liable only for breach of a material contractual obligation — an obligation whose fulfillment makes proper performance of the Agreement possible in the first place and on whose fulfillment the Customer may regularly rely. In that case our liability is limited to the damage that is foreseeable and typical for this type of contract.

**18.3** Subject to clause 18.1, our aggregate liability for all events occurring in a contract year is limited to the fees paid by the Customer under the Agreement in the twelve (12) months preceding the event giving rise to liability.

**18.4** We are not liable for loss of data where the loss would have been avoided by the Customer exporting Evidence in accordance with clause 9.4, nor for the consequences of an erasure performed under clause 9.3, nor for the deletion of Evidence at the end of the applicable retention period carried out in accordance with clause 9.5.

**18.5** Any further liability is excluded. The above limitations also apply in favor of our employees, agents and vicarious agents.

**18.6** Nothing in this clause alters the allocation of liability under Art. 82 GDPR or clause 15 of the DPA.

### 19. Term, termination and data return

**19.1** For plans agreed under an Order Form, the initial term and any notice period follow from the Order Form; where the Order Form is silent, the initial term is twelve (12) months, renewing automatically for successive periods of the same length unless terminated with three (3) months' notice to the end of the then-current term.

**19.2** For Self-Serve Plans, the following applies unless the Plan Description states otherwise: monthly plans renew for successive monthly periods and may be terminated by either party with effect from the end of the current billing month; annual plans renew for successive twelve-month periods and may be terminated by either party with one (1) month's notice to the end of the current term; Campaign Packs are one-off purchases and require no termination; the free pilot plan may be ended by either party at any time.

**19.3** Termination must be in text form. For Self-Serve Plans, termination may also be effected through the account or billing portal; the confirmation we send satisfies the text form requirement.

**19.4** The right of either party to terminate for cause without notice remains unaffected. Cause for us includes payment default despite a reminder and a reasonable grace period, and a material breach of clause 11 that is not remedied within a reasonable period.

**19.5** On termination, access to the Services ends. Return and deletion of personal data are governed by section 14 of the DPA. The Customer is responsible for exporting the Evidence it requires before termination takes effect. We will, on request made before the end of the term, keep the Customer's data available for export for thirty (30) days after termination. Evidence whose retention period under clause 9.5 has already expired is not restored.

**19.6** Clauses 4.3, 7.1, 9.1, 15, 16.4, 18 and 21 survive termination.

### 20. Changes to these Terms

**20.1** We may amend these Terms with effect for the future where necessary to reflect changes in law, case law, the Services or our commercial model, provided the amendment does not materially disadvantage the Customer.

**20.2** We will notify the Customer of the amended version in text form at least six (6) weeks before it is to take effect. The Customer may object in text form within four (4) weeks of receipt. If the Customer objects, the Agreement continues on the previous terms until the end of the current term, and either party may terminate with effect from that date.

**20.3** We will draw attention to the objection right and to the consequence of not objecting in the notification.

### 21. Final provisions

**21.1** The Customer may assign the Agreement only with our prior agreement in text form, which will not be unreasonably withheld. We may transfer the Agreement to an affiliate or to a successor in the context of a reorganization or a transfer of the business, in which case the Customer may terminate with effect from the date of transfer.

**21.2** We may engage subcontractors. Subprocessors of personal data are governed by the DPA.

**21.3** There are no verbal side agreements. Amendments require text form, including any waiver of this requirement.

**21.4** Should any provision be or become invalid, the validity of the remaining provisions is unaffected.

**21.5** The Agreement is governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

**21.6** The exclusive place of jurisdiction for all disputes arising from or in connection with the Agreement is Berlin, Germany, provided the Customer is a merchant, a legal person under public law or a special fund under public law. Our right to bring proceedings at the Customer's general place of jurisdiction remains unaffected.

**21.7** These Terms are published in English. Where a German version is also published, the German version prevails.

***

### Related

* [Data Processing](https://docs.prove.ly/about/data-processing)
* [Privacy Policy](https://docs.prove.ly/about/privacy-policy)
* [Partner Terms](https://docs.prove.ly/about/partner-terms)
* [Imprint](https://docs.prove.ly/about/about-us#imprint)
* [What Provely does not do](https://docs.prove.ly/reference/what-provely-does-not-do)


---

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