Legal

Privacy Policy

Valid from: April 9, 2026

1. General Information

This Privacy Policy explains how Kukan UG (haftungsbeschränkt) collects and processes personal data through the website kukan.ai and our social media profiles. Personal data means any information relating to an identified or identifiable natural person, including name or IP address.

Data Controller:
Kukan UG (haftungsbeschränkt)
Brunnenstrasse 41, 10115 Berlin, Germany
Email: privacy@kukan.ai
Legal representative: Gerrit McGowan
Data protection inquiries: privacy@kukan.ai

Legal bases for processing:

  • Art. 6(1)(a) GDPR: Processing with your consent
  • Art. 6(1)(b) GDPR: Contract performance and pre-contractual measures
  • Art. 6(1)(c) GDPR: Compliance with legal obligations
  • Art. 6(1)(f) GDPR: Legitimate interests (answering inquiries, website security)

Data transfers outside the EEA are protected by EU Commission adequacy decisions, the EU–U.S. Data Privacy Framework, or standard contractual clauses where no adequacy decision exists.

Storage durations:

  • Contact form inquiries: 6–12 months after resolution
  • CRM data: Duration of relationship plus 3 years
  • Log files: Maximum 14 days
  • Google Analytics: 14 months
  • Accounting documents: 10 years (§147 AO)
  • Commercial correspondence: 6 years (§257 HGB)

Your rights as a data subject:

  • Right of access (Art. 15 GDPR)
  • Right to rectification (Art. 16 GDPR)
  • Right to erasure (Art. 17 GDPR)
  • Right to restriction of processing (Art. 18 GDPR)
  • Right to object (Art. 21 GDPR)
  • Right to data portability (Art. 20 GDPR)
  • Right to withdraw consent (Art. 7(3) GDPR)

Exercise your rights by contacting: privacy@kukan.ai

Right to lodge a complaint with the supervisory authority:
Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219, 10969 Berlin | Phone: +49 30 13889-0
Email: mailbox@datenschutz-berlin.de | www.datenschutz-berlin.de

No fully automated decision-making per Article 22 GDPR is used as standard practice. Mandatory data fields are marked on the website; refusal to provide mandatory data may result in contract rejection or service discontinuation.

Making contact: When you contact us by email or form, we collect your name, email address, telephone number (if provided), and message content. Legal basis: Art. 6(1)(f) GDPR (legitimate interest in responding to inquiries) or Art. 6(1)(b) GDPR for pre-contractual enquiries. Data is deleted or anonymised 6–12 months after resolution.

Customer surveys: Periodic surveys are conducted to understand customer needs. Legal basis: legitimate interest in service improvement. Data is deleted once survey results have been evaluated.

Direct marketing (cold outreach): We may send a single unsolicited B2B email to businesses that may benefit from our services, using publicly available contact data (company websites, Google Maps, public directories). Legal basis: Art. 6(1)(f) GDPR and §7(2) UWG. You may object at any time by replying to the email or contacting privacy@kukan.ai — we will immediately cease contact and add you to our permanent suppression list. Non-responsive data is deleted within 90 days.

2. Data Processing on Our Website

Website visitors from Germany: We store or access terminal equipment information (cookies, IP addresses) either on the basis of technical necessity (§25(2)(2) TTDSG) or with your consent (§25(1) TTDSG). See our Cookie Policy for details.

Informative use of the website: When you visit our website, your browser automatically transmits the following data, which we store temporarily in log files for up to 14 days for security and stability purposes: IP address, date and time of request, time zone, page requested, HTTP status code, data volume transferred, referrer URL, browser type and version, operating system, and language settings. Legal basis: Art. 6(1)(f) GDPR (legitimate interest in website security and functionality).

Web hosting: Our website is hosted by Squarespace, Inc., 8 Clarkson Street, New York, NY 10014, USA. Squarespace processes content, usage, meta, and contact data in the EU and USA. Squarespace is certified under the EU–U.S. Data Privacy Framework. Privacy policy: squarespace.com/privacy

Contact form: Data submitted via the contact form (name, email address, message, and any voluntarily provided information) is stored solely for the purpose of processing and responding to your enquiry. Legal basis: Art. 6(1)(f) or Art. 6(1)(b) GDPR. Data is deleted 6–12 months after resolution; contract-related enquiries may be retained up to 3 years.

HubSpot CRM: We use HubSpot CRM for customer relationship management. Provider: HubSpot, Inc., 25 First Street, Cambridge, MA 02141, USA. Data processed: contact data (name, email, company), usage data, content data (inquiry details), meta data (device, IP). Processing takes place on EU servers. HubSpot is EU–U.S. Data Privacy Framework certified; a Data Processing Agreement per Art. 28 GDPR is in place. Retention: duration of relationship plus 3 years. Privacy policy: legal.hubspot.com/privacy-policy

Google Analytics 4: With your consent, we use Google Analytics 4 (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland) to understand how visitors interact with our website. Data collected: pages visited, time spent, interactions, device type, browser, and anonymised IP address. IP anonymisation is activated — IP addresses are shortened within the EU/EEA before any transmission to the USA. Legal basis: Art. 6(1)(a) GDPR and §25(1) TTDSG (consent). Data is automatically deleted after 14 months.

Withdraw consent at any time via: (1) the cookie banner, (2) the Google Analytics Opt-out Add-on, or (3) privacy@kukan.ai. Google LLC is EU–U.S. Data Privacy Framework certified. Further information: policies.google.com/privacy

3. Data Processing on Social Media Platforms

We maintain organisational profiles on social media platforms for service presentation and stakeholder communication. Platform operators process user data for advertising and research purposes and may store cookies on your device. Servers may be located outside the EU. When you contact us via social media, we process your message data to respond to your enquiry. Legal basis: Art. 6(1)(f) GDPR. Retention: typically 6–12 months after the last interaction.

LinkedIn: Operator: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. LinkedIn processes data for targeted advertising and analytics. We act as joint controller for certain page analytics (Page Insights). Privacy policy: linkedin.com/legal/privacy-policy | Opt-out: linkedin.com/psettings

Instagram: Operator: Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. Meta processes data for advertising, personalisation, and analytics. We act as joint controller for business page insights. Privacy policy: instagram.com/legal/privacy | Opt-out via Settings > Privacy and Security > Data Sharing.

Facebook: Operator: Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. Meta processes data for advertising, personalisation, and analytics. Meta bears primary responsibility for Page Insights data and handles data subject rights requests relating to that processing. Privacy policy: facebook.com/privacy/policy | Opt-out via Settings & Privacy > Ads > Ad Preferences.

4. Changes to This Privacy Policy

We reserve the right to update this Privacy Policy to reflect changes in our practices, technology, legal requirements, or other factors. The current version is always available on this page. The “Valid from” date at the top indicates the last revision. We will notify you of material changes via a prominent notice on the website prior to the changes taking effect. We encourage you to review this policy periodically.

5. 3D Scene Content & Personal Data

Kukan creates interactive 3D scenes of physical spaces using photogrammetry and Gaussian Splat technology. During the capture process, incidental personal data may be recorded — for example, vehicle licence plates, individuals present in the space, or other identifying information visible in the environment at the time of capture.

Legal basis: Art. 6(1)(f) GDPR — legitimate interest in providing accurate spatial representations of our clients’ spaces.

Your right to request restriction or erasure: If you believe your personal data has been incidentally captured in one of our 3D scenes, you have the right to request restriction of processing (Art. 18 GDPR) or erasure (Art. 17 GDPR). To submit a request, contact privacy@kukan.ai with a description of the scene and the nature of the data concerned.

How we handle requests: Upon receiving a valid request, we will take the affected scene offline while we assess and address the concern. We aim to respond to all requests within 30 days. Please note that due to the technical nature of Gaussian Splat rendering, permanent automated redaction of specific elements within a scene is not currently possible. Where erasure cannot be achieved by technical means, we will assess whether the scene can remain published, must be restricted, or must be permanently removed, on a case-by-case basis.

Retention: 3D scene data is retained for the duration of the client contract. Scenes are unpublished upon contract termination.

6. Questions and Comments

If you have any questions or comments about this Privacy Policy, or wish to exercise your GDPR rights, please contact:

Kukan UG (haftungsbeschränkt)
Brunnenstrasse 41, 10115 Berlin, Germany
Email: privacy@kukan.ai

Cookie Policy

1. Introduction

Kukan UG (haftungsbeschränkt), based in Berlin, Germany, operates this website using cookies to enhance functionality and gather analytics data. This Cookie Policy explains what cookies are, which cookies we use, and how you can manage them.

2. What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They allow the site to remember your actions and preferences over a period of time, so you don’t have to re-enter them whenever you return or navigate between pages.

3. Controller

Kukan UG (haftungsbeschränkt)
Brunnenstrasse 41
10115 Berlin, Germany
Email: privacy@kukan.ai

4. Strictly Necessary Cookies

These cookies are essential for the website to function and cannot be switched off. They are set in response to actions you take, such as setting your privacy preferences or logging in. No consent is required for these cookies.

  • Session management and security tokens
  • CSRF protection
  • Site functionality maintenance
  • Duration: Session-based or up to 2 years

5. Analytics Cookies

These cookies allow us to count visits and understand how visitors interact with our website, so we can improve its performance. All information collected is aggregated and anonymised. Your consent is required before these cookies are set.

  • Google Analytics 4 tracking
  • User behaviour analysis
  • Anonymous data collection with IP anonymisation enabled
  • Duration: 24 hours to 2 years

6. Cookie Types Overview

CategoryConsent RequiredPurposeDuration
Strictly NecessaryNoSession management, security, CSRF protectionSession – 2 years
AnalyticsYesGoogle Analytics 4, behaviour analysis24 hours – 2 years

7. Legal Bases

Strictly necessary cookies are placed on the basis of §25(2)(2) TTDSG (technically essential for the requested service). Analytics cookies are placed only with your explicit consent pursuant to §25(1) TTDSG and Art. 6(1)(a) GDPR.

8. International Data Transfers

Google Analytics may transfer data to Google servers in the United States. This transfer is safeguarded by the EU–U.S. Data Privacy Framework, under which Google LLC is certified, and by a Data Processing Agreement concluded pursuant to Art. 28 GDPR. IP addresses are anonymised within the EU/EEA before transmission.

9. Your Rights Under GDPR

Under the General Data Protection Regulation you have the following rights regarding your personal data:

  • Right of access (Art. 15 GDPR)
  • Right to rectification (Art. 16 GDPR)
  • Right to erasure (Art. 17 GDPR)
  • Right to restriction of processing (Art. 18 GDPR)
  • Right to data portability (Art. 20 GDPR)
  • Right to withdraw consent at any time (Art. 7(3) GDPR) — withdrawal does not affect the lawfulness of prior processing
  • Right to lodge a complaint with a supervisory authority

To exercise any of these rights, please contact: privacy@kukan.ai

You may also lodge a complaint with the Berlin supervisory authority:
Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219, 10969 Berlin
Phone: +49 30 13889-0 | Email: mailbox@datenschutz-berlin.de
Website: www.datenschutz-berlin.de

10. Managing and Withdrawing Consent

You can manage your cookie preferences at any time using the following methods:

  • Cookie banner: Adjust your preferences via the consent banner displayed on your first visit.
  • Browser settings: Most browsers allow you to block or delete cookies via their settings. Note that blocking strictly necessary cookies may affect website functionality.
  • Google Analytics opt-out: Install the Google Analytics Opt-out Browser Add-on.
  • Email: Contact us at privacy@kukan.ai to withdraw consent or request deletion of analytics data.

Withdrawal of consent is not retroactive and does not affect processing carried out before the withdrawal.

Master Software Agreement

(“Agreement”)

THIS AGREEMENT sets forth the general terms and conditions under which Kukan AI UG (haftungsbeschränkt), registered in Berlin, Germany, and its affiliates (collectively, “Kukan AI”, “We”, “Us”, or “Company”) provides access to its Software and Services to the individual or legal entity identified in the applicable Order Form (“You”, “Your”, or “Customer”, and together with Kukan AI, the “Parties”).

This Agreement becomes binding upon execution of an Order Form that references it. The specific commercial terms, including pricing, property details, usage limits, and any special arrangements, are set forth in the applicable Order Form(s).

1. Definitions

1.1 “Service” means Kukan AI’s proprietary, cloud-hosted platform for creating, managing, and publishing AI-powered 3D digital twins of real properties, including all related tools, APIs, documentation, and support.

1.2 “Digital Twin” means a photorealistic, navigable 3D representation of a physical property generated by the Service from video or image capture data.

1.3 “Property Subscription” means a recurring subscription that entitles the Customer to host one Digital Twin on the Service, subject to the usage limits and tier specifications set forth in the applicable Order Form.

1.4 “Capture Data” means the raw video, images, LiDAR scans, or other spatial data uploaded to the Service by the Customer or by Kukan AI on the Customer’s behalf for the purpose of generating a Digital Twin.

1.5 “Interaction Data” means anonymized, aggregated data generated by End User interactions with a Digital Twin, including but not limited to: navigation paths, AI queries, time spent in specific areas, and features examined. Interaction Data does not include personally identifiable information of End Users.

1.6 “End User” means any individual who accesses or interacts with a Customer’s published Digital Twin, including prospective property buyers, tenants, event attendees, and other third parties.

1.7 “Order Form” means any mutually executed document that references this Agreement and specifies the Property Subscription(s), pricing, usage limits, capture service terms, and other commercial terms agreed between the Parties.

1.8 “Capture Service” means the optional professional property capture service provided by Kukan AI or its authorized service partners on behalf of the Customer.

1.9 “Digital Twin Content” means any visual output derived from a Digital Twin, including but not limited to: fly-through videos, rendered images, screenshots, 360° snapshots, and promotional clips generated by the Service.

2. Acceptance of Terms

2.1 By executing an Order Form that references this Agreement, You accept these Terms of Service (“TOS”). This Agreement, together with the applicable Order Form(s), constitutes the complete agreement between the Parties.

2.2 The Service may be accessed either as an individual or on behalf of a company. In the case of the latter, You warrant (i) that You are authorized to represent the organization and (ii) that You accept the TOS on behalf of the organization as You are so authorized.

2.3 The TOS may be modified from time to time. Material changes will be communicated to You at least thirty (30) days before taking effect. Continued use of the Service after such notice constitutes acceptance. All contract renewals will be subject to the TOS in effect at the time of renewal.

3. Software Access and Restrictions

3.1 Subject to these TOS, We grant the Customer a limited, non-transferable, and non-exclusive right to access and use the Service via a web browser or supported mobile application for the purpose of creating, managing, and publishing Digital Twins of properties for which the Customer has lawful authority to market or represent.

3.2 Kukan AI hosts the Service and makes it available to You via web browser and/or supported mobile application. Nothing in these TOS shall transfer any rights in or to the Service other than those rights specifically granted herein. Kukan AI is not obligated to make available or deliver any copies of programs, source code, algorithms, or models in any form.

3.3 You shall not: (i) copy, modify, alter, reverse engineer, or create derivative works from the Service or its underlying technology, including any 3D reconstruction algorithms, AI models, or spatial intelligence systems; (ii) lease, rent, distribute, sublicense, or resell the Service or any Digital Twins generated therefrom, except as expressly authorized in an Order Form; (iii) use the Service as the basis for creating a competitive solution (or assist a third party in doing so); or (iv) attempt to extract, replicate, or reconstruct any proprietary 3D reconstruction pipeline, Gaussian Splatting methodology, or AI model weights used by the Service.

3.4 You shall not, directly or through third-party authorization: (i) use the Service to upload or distribute any content that is unlawful, fraudulent, defamatory, abusive, contains viruses, or is otherwise objectionable as reasonably determined by Kukan AI; (ii) reproduce, duplicate, or exploit any part of the Service without Our express written permission; (iii) use any robot, spider, or automated process to monitor or copy any content from the Service; or (iv) upload Capture Data for properties You do not have lawful authority to market or represent.

3.5 The paid subscription includes standard support at no additional charge. This includes reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (communicated at least 48 hours in advance), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation: acts of God, acts of government, natural disasters, internet service provider failures, or denial of service attacks.

3.6 Kukan AI targets a Service availability of 99.75% measured on a monthly basis, excluding planned maintenance. In the event of a material Service outage exceeding 24 consecutive hours (excluding force majeure events), Customer shall be entitled to a pro-rata credit for the affected Property Subscription(s) upon written request.

4. Capture Services

4.1 The Customer may capture property video using their own smartphone or compatible device at no additional charge, following Kukan AI’s published capture guidelines.

4.2 Alternatively, the Customer may engage Kukan AI’s optional Capture Service for professional property scanning. Capture Service fees are specified in the applicable Order Form and are billed separately from Property Subscriptions.

4.3 Kukan AI shall use commercially reasonable efforts to process Capture Data and generate a Digital Twin within five (5) business days of receiving complete and usable Capture Data. Processing times may vary based on property size, data quality, and Service demand.

4.4 If Capture Data provided by the Customer is insufficient or of inadequate quality to generate a satisfactory Digital Twin, Kukan AI will notify the Customer and may request a re-capture at no additional charge for the first re-capture request per property.

5. Data Protection and Privacy

5.1 The safety and privacy of Your data is a priority. Our data handling practices are detailed in Our Privacy Policy, available at https://kukan.ai/privacy.

5.2 We are obligated to observe and operate in accordance with the European Union’s General Data Protection Regulation (GDPR) and applicable German data protection laws (BDSG).

5.3 In the event Your data has been breached, You will be promptly notified (and in any event within 72 hours of Our becoming aware of the breach) of the nature and scope of such breach, and We will immediately initiate remedial actions consistent with industry standards.

5.4 Kukan AI shall be liable for any damage caused by data processing or handling only where We have not complied with GDPR obligations specifically directed to processors, or where We have acted against lawful instructions from You.

5.5 Where the Customer’s use of the Service involves the processing of personal data on the Customer’s behalf, the Parties shall enter into a separate Data Processing Agreement (DPA) in accordance with Article 28 GDPR.

Data Ownership and Usage

5.6 The Customer retains all rights, titles, and interests in and to: (i) Capture Data uploaded to the Service; (ii) property-specific information, descriptions, and marketing content provided by the Customer; and (iii) any personally identifiable information of the Customer’s personnel.

5.7 Kukan AI retains all rights to the algorithms, models, and reconstruction pipelines used to generate Digital Twins. The visual output (the Digital Twin itself) is licensed to the Customer for the duration of the applicable Property Subscription.

5.8 Kukan AI may collect, use, and analyze Interaction Data (as defined in Section 1.5) for the following purposes: (i) providing behavioral sales intelligence and lead qualification insights to the Customer; (ii) improving and optimizing the Service; and (iii) generating anonymized, aggregated benchmarks and market intelligence, provided that such use does not reveal the identity of any specific End User, Customer, or property.

5.9 End Users who interact with published Digital Twins will be informed of data collection practices through a clearly visible privacy notice embedded in the Digital Twin interface. The Customer is responsible for ensuring that its use of the Service complies with applicable data protection laws in its jurisdiction.

6. Payment Terms

6.1 Property Subscription fees, Capture Service fees, usage limits, and any other charges are specified in the applicable Order Form.

6.2 If the Customer resides within the European Union, fees include applicable value added tax (VAT) unless stated otherwise in the Order Form. If the Customer resides outside the EU, all fees exclude relevant duties or taxes, and the Customer is responsible for payment of all such taxes or duties.

6.3 Unless agreed otherwise in an Order Form, Property Subscriptions renew automatically at the end of each billing period (monthly or annually, as specified) until terminated in accordance with this Agreement.

6.4 All payments are due upon receipt of invoice, unless otherwise specified in the Order Form. Payment shall be made via bank transfer (SEPA) or such other method as agreed between the Parties.

6.5 The Customer may add Property Subscriptions at any time by executing a new or amended Order Form. Additional properties will be billed at the rates specified in the applicable Order Form from the date of activation.

6.6 If the Customer fails to pay an invoice within thirty (30) days of its due date, Kukan AI may suspend the affected Property Subscription(s) until all outstanding invoices are settled. Suspended Digital Twins will be unpublished but not deleted for a period of sixty (60) days following suspension.

6.7 Subscription prices may be adjusted at the time of renewal to reflect changes in operating costs. Price adjustments will be communicated to the Customer at least sixty (60) days before taking effect and shall not apply to any periods already paid. If a price increase exceeds 10% of the previous price, the Customer may object in writing within thirty (30) days of notification and terminate the affected subscription(s) without penalty.

7. Usage Limits and Overage

7.1 Each Property Subscription includes usage allowances (such as unique visits and AI queries per month) as specified in the applicable Order Form. Usage is measured per calendar month and resets on the first day of each month.

7.2 If a Digital Twin exceeds its monthly usage allowance, Kukan AI will notify the Customer and may: (i) throttle access to the affected Digital Twin for the remainder of the billing period; or (ii) offer the Customer an upgrade to a higher tier. Kukan AI will not charge overage fees without the Customer’s prior written consent.

7.3 The Customer may monitor usage through the Kukan AI dashboard. Kukan AI will provide reasonable advance notice if a Digital Twin is approaching its usage limits.

8. Proprietary Rights and Intellectual Property

8.1 Kukan AI owns all rights, titles, and interests in and to the Service, including without limitation all intellectual property rights in the software, algorithms, AI models, 3D reconstruction pipelines, Gaussian Splatting technology, and spatial AI systems. Such rights are protected by EU and international intellectual property laws.

8.2 Kukan AI retains all rights, titles, and interests in and to the Service, as well as any modifications, enhancements, and derivative works, regardless of whether the Customer has provided feedback, suggestions, or input regarding such developments.

8.3 The Customer retains all rights, titles, and interests in and to: (i) Capture Data uploaded to the Service; (ii) property descriptions, marketing copy, and other content provided by the Customer; and (iii) the Customer’s trademarks, trade names, and logos.

8.4 During the term of a Property Subscription, the Customer is granted a non-exclusive, non-transferable license to embed, share, and publish the corresponding Digital Twin on the Customer’s website, listing portals, social media, and other marketing channels. This license terminates upon expiration or termination of the applicable Property Subscription, unless otherwise agreed in writing.

8.5 Provided that such use does not reveal personally identifiable information or property-specific details attributable to the Customer, Kukan AI may use anonymized and aggregated Interaction Data and performance metrics for product improvement, benchmarking, and business intelligence purposes.

9. Digital Twin Lifecycle

9.1 A Digital Twin is generated and published upon successful processing of Capture Data and activation of the corresponding Property Subscription.

9.2 A Digital Twin remains accessible to End Users for as long as the corresponding Property Subscription is active and in good standing.

9.3 Upon termination or expiration of a Property Subscription: (i) the associated Digital Twin will be unpublished and become inaccessible to End Users within forty-eight (48) hours; (ii) the Customer may request export of their Capture Data and Interaction Data within thirty (30) days of termination; and (iii) Kukan AI will delete the Digital Twin and all associated Capture Data within sixty (60) days of termination, unless legally prohibited or unless the Customer requests an extension in writing.

9.4 If a property is sold, leased, or otherwise removed from the market, the Customer may request immediate unpublishing of the associated Digital Twin. Subject to agreement in the applicable Order Form, the Property Subscription may continue to be used for a different property of comparable scope.

10. Customer Responsibilities

10.1 The Customer is solely responsible for: (i) ensuring it has lawful authority to market and represent any property for which it creates a Digital Twin; (ii) the accuracy and completeness of property information and descriptions provided to the Service; and (iii) compliance with all applicable real estate regulations, advertising standards, and data protection laws in its jurisdiction.

10.2 The Customer shall not use the Service to create Digital Twins of properties it does not have authority to market, or to misrepresent the condition, features, or characteristics of any property.

10.3 Uploaded content and information must be consistent with applicable laws. Content that may cause harm to Kukan AI’s interests or public image is not permitted, including content that violates data protection, criminal, or copyright laws, or content of a defamatory, harassing, fraudulent, or otherwise objectionable nature.

10.4 The Customer will be held responsible for the actions of its employees and agents using the Service. The Customer shall indemnify Kukan AI from any and all claims asserted by End Users, other customers, or third parties arising from the Customer’s use of the Service, including claims related to property misrepresentation.

11. Liability Limitation

11.1 Kukan AI shall be liable for damages caused by it only if such damages are: (i) caused by gross negligence, malicious intent, or malicious deception; (ii) caused by injury to life, body, or health; or (iii) caused by breach of fundamental contract obligations. In the case of breach of fundamental contract obligations through simple negligence, liability shall be limited to the foreseeable, typically occurring amount.

11.2 In no event shall Kukan AI’s total aggregate liability under this Agreement exceed the total fees paid by the Customer to Kukan AI in the twelve (12) months preceding the event giving rise to the claim.

11.3 Kukan AI shall not be liable for: (i) the accuracy or completeness of AI-generated responses within the Digital Twin chatbot; (ii) business decisions made by the Customer or End Users based on Interaction Data or AI insights; or (iii) any loss of revenue, profits, or anticipated savings arising from the Customer’s use of the Service.

11.4 Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

12. Term and Termination

12.1 This Agreement becomes effective upon execution of the first Order Form that references it and continues in full force until all Property Subscriptions have expired or been terminated and no Order Forms remain active.

12.2 The term, renewal, and termination provisions for each Property Subscription are specified in the applicable Order Form. In the absence of specific Order Form terms, the following defaults apply:

(a) Monthly subscriptions may be terminated by either Party with thirty (30) days’ written notice before the end of the current billing period.

(b) Annual subscriptions may be terminated by either Party with ninety (90) days’ written notice before the end of the current annual period.

12.3 Kukan AI may terminate or suspend the Customer’s access to the Service without liability if: (i) the Customer has materially violated any provision of these TOS; and (ii) the Customer has not remedied such violation within thirty (30) days of receiving written notice.

12.4 The right to termination for cause (außerordentliche Kündigung) and without notice remains unaffected for both Parties.

12.5 Any notice of termination must be delivered in text form (e.g., via email to support@kukan.ai) in order to be effective.

12.6 Upon termination, the provisions of Sections 5 (Data Protection), 8 (Proprietary Rights), 9.3 (Digital Twin Wind-Down), 11 (Liability), and 13 (Dispute Resolution) shall survive.

13. Dispute Resolution

13.1 The Parties shall first attempt to resolve any dispute arising under this Agreement through good-faith negotiation for a period of not less than thirty (30) days.

13.2 If the dispute cannot be resolved through negotiation, it shall be settled by the competent courts of Berlin, Germany. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

14. Co-Marketing, Publicity, and Content Rights

14.1 The Customer agrees that Kukan AI may disclose the fact that the Customer is a user of the Service. During the term of this Agreement, the Customer grants Kukan AI the right to reference the Customer’s company name and logo in marketing materials, case studies, and on the Kukan AI website, subject to the Customer’s brand guidelines where provided.

14.2 The Customer may revoke this publicity consent at any time by providing thirty (30) days’ written notice to Kukan AI.

14.3 The Customer hereby grants Kukan AI a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute Digital Twin Content (as defined in Section 1.9)—including fly-through videos, rendered images, screenshots, and promotional clips derived from the Customer’s Digital Twins—for Kukan AI’s own marketing, promotional, sales, educational, and demonstration purposes.

14.4 This content license includes, without limitation, the right to use Digital Twin Content in: (i) website galleries, demo reels, and product showcases; (ii) social media posts, advertisements, and promotional campaigns; (iii) sales presentations, trade show displays, and pitch materials; (iv) case studies, blog posts, and educational content; and (v) investor presentations and corporate communications.

14.5 Kukan AI shall not disclose confidential business information of the Customer (such as pricing, revenue figures, or lead conversion metrics) in any co-marketing materials without the Customer’s prior written consent.

14.6 The Customer may request exclusion of specific Digital Twin Content from Kukan AI’s marketing use by providing written notice identifying the specific content. Kukan AI will remove such content from future marketing materials within thirty (30) days of receiving such notice; however, materials already published or distributed prior to the notice are not subject to recall.

14.7 This content license survives termination of this Agreement and any applicable Order Form, provided that Kukan AI’s use of such content continues to comply with the restrictions in Sections 14.5 and 14.6.

15. Miscellaneous

15.1 Neither Party will assign its rights or obligations under this Agreement without the prior written consent of the other Party. Any unauthorized assignment shall be void.

15.2 If any provision of this Agreement shall be entirely or partly invalid or unenforceable, this shall not affect the validity and enforceability of all other provisions. The invalid provision shall be replaced with one that as closely as possible reflects the economic intention of the Parties.

15.3 This Agreement, together with the applicable Order Form(s) and any Data Processing Agreement, comprises the entire agreement between the Parties with respect to the Service and supersedes all prior representations, agreements, and understandings, written or oral.

15.4 In the event of any conflict between this Agreement and an Order Form, the terms of the Order Form shall prevail with respect to the specific engagement covered therein.

15.5 Amendments to this Agreement must be in text form (Textform) to be effective.

15.6 This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.

— End of Master SaaS Agreement —

This Agreement becomes binding upon execution of an Order Form that references it.