Terms of Service

1. Scope and Acceptance

1.1 These Terms of Service (“Terms”) govern participation in the closed beta program (“Beta Program”) for PandaOS, a desktop application developed and operated by Pandata GmbH, Köpenicker Str. 126, 10179 Berlin, registered with the Amtsgericht Charlottenburg, HRB 176198 (“Pandata”, “we”, “us”).

1.2 By creating an account or installing PandaOS, you (“User”, “you”) agree to these Terms. If you participate on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

1.3 These Terms are available in German and English. In the event of any conflict, the German version shall prevail.

2. Beta Program

2.1 The Beta Program is a closed, invite-only testing phase. Access is granted at Pandata's sole discretion and is non-transferable.

2.2 The Beta Program is provided free of charge. No payment obligations arise from participation.

2.3 The Beta Program is expected to last up to four (4) weeks from the date of the User's first access, unless extended or terminated earlier by Pandata.

2.4 PandaOS is provided during the Beta Program in a pre-release state. Users should expect frequent updates, changes to features, temporary unavailability, and potential defects. Pandata may modify, suspend, or discontinue any feature at any time during the Beta Program.

2.5 Pandata reserves the right to end the Beta Program or revoke individual access at any time, with reasonable notice where practicable.

3. Eligibility

3.1 Participation is limited to individuals who are at least 18 years of age.

3.2 Users may participate as individuals (consumers) or on behalf of a business entity.

4. Account

4.1 To participate, you must create a user account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

4.2 User account data (login credentials) will be retained beyond the Beta Program unless you request deletion.

4.3 You must provide accurate information during registration and promptly update any changes.

5. Service Description

5.1 PandaOS is a native desktop application that integrates code editing, email, database management, deployments, browser functionality, and AI-assisted workflows into a unified workstation. AI functionality is provided through the AI model of the User's choice.

5.2 PandaOS runs locally on the User's device. Content, files, and knowledge base data created or stored by the User within PandaOS reside on the User's local device.

5.3 Certain features require an internet connection (e.g., AI model access, email, deployments, third-party integrations).

6. User Content and Intellectual Property

6.1 User content. All content created, uploaded, or stored by the User within PandaOS — including knowledge base entries, code, files, and any AI-assisted outputs generated at the User's direction — remains the exclusive property of the User.

6.2 Pandata IP. PandaOS, including its software, design, branding, and documentation, is and remains the intellectual property of Pandata. These Terms do not grant the User any rights to Pandata's intellectual property beyond the limited right to use PandaOS during the Beta Program.

6.3 No content access by Pandata. Pandata does not access, collect, or process User content stored locally on the User's device, except where technically necessary to provide the service and only with the User's knowledge (e.g., transmitting prompts to a third-party AI provider selected by the User).

7. Third-Party Integrations

7.1 PandaOS allows Users to connect third-party services (e.g., email providers, cloud databases, deployment platforms, AI model providers) at their own discretion.

7.2 The User is solely responsible for the configuration and use of third-party integrations. Pandata is not a party to the relationship between the User and any third-party provider.

7.3 Pandata is not liable for data processing, data loss, or any other consequences arising from the User's use of third-party integrations, except where caused by Pandata's intentional or grossly negligent conduct.

7.4 When using AI model integrations, Users should be aware that prompts and related data may be transmitted to the selected AI model provider. The respective provider's terms of service and privacy policy apply to such data.

8. AI-Generated Content

8.1 PandaOS enables Users to generate content using AI models. AI-generated content may be inaccurate, incomplete, or inappropriate. The User is solely responsible for reviewing, verifying, and using any AI-generated output.

8.2 Actions performed by AI at the User's instruction — including modifications to connected services, databases, files, or code — are the User's responsibility. The User should exercise appropriate caution when granting AI broad permissions, particularly with connected data sources where changes may be irreversible.

8.3 Pandata does not warrant the accuracy, completeness, or fitness for any purpose of AI-generated content.

9. Data Collection and Privacy

9.1 During the Beta Program, Pandata collects anonymized and aggregated usage analytics for the sole purpose of improving PandaOS. This may include feature usage frequency, error reports, and performance metrics.

9.2 Pandata does not collect personally identifiable information beyond what is necessary for account management (e.g., name, email address).

9.3 Data processing is governed by Pandata's Privacy Policy at pandaos.ai/privacy, which forms an integral part of these Terms.

9.4 Data processing complies with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable German data protection law.

10. Permitted Use

10.1 The User may use PandaOS solely for its intended purpose as a software development and workflow tool during the Beta Program.

10.2 The User shall not:

• reverse-engineer, decompile, or disassemble PandaOS, except where permitted by applicable law;
• redistribute, sublicense, or make PandaOS available to unauthorized third parties;
• use PandaOS to develop a competing product or service;
• deliberately attempt to disrupt, overload, or compromise PandaOS or its infrastructure;
• use PandaOS for any unlawful purpose.

11. Feedback

11.1 Pandata welcomes and may actively solicit feedback, suggestions, bug reports, and improvement ideas during the Beta Program (“Feedback”).

11.2 By providing Feedback, the User grants Pandata a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and incorporate Feedback into PandaOS or other products without restriction or obligation to the User.

12. Limitation of Liability

12.1 PandaOS is provided during the Beta Program “as is” and free of charge. Pandata makes no warranties, express or implied, regarding the availability, reliability, accuracy, or fitness of PandaOS for any particular purpose.

12.2 Unlimited liability. Pandata is liable without limitation for:

• damages arising from intentional misconduct (Vorsatz);
• damages arising from gross negligence (grobe Fahrlässigkeit);
• injury to life, body, or health;
• liability under the German Product Liability Act (Produkthaftungsgesetz);
• liability arising from the assumption of a guarantee (Garantie).

12.3 Limited liability for slight negligence. In cases of slight negligence (einfache Fahrlässigkeit), Pandata is only liable for breaches of material contractual obligations (wesentliche Vertragspflichten / Kardinalpflichten). In such cases, liability is limited to the foreseeable, typically occurring damages. Given that the Beta Program is provided free of charge, foreseeable typical damages are generally limited.

12.4 No liability for data loss. Pandata is not liable for loss of data stored locally on the User's device, loss of data resulting from the User's use of AI features or third-party integrations, or loss of data resulting from changes the User instructed the AI to perform — except as set forth in Sections 12.2 and 12.3. The User is solely responsible for maintaining backups of their data.

12.5 The limitations in this Section 12 also apply to the personal liability of Pandata's employees, representatives, and agents.

13. Termination

13.1 The User may stop participating in the Beta Program at any time by uninstalling PandaOS and notifying Pandata.

13.2 Pandata may terminate a User's access at any time for any reason, including but not limited to violation of these Terms, with reasonable notice where practicable.

13.3 Upon termination, the User's right to use PandaOS ceases. Locally stored User content remains on the User's device and is unaffected.

13.4 Sections that by their nature should survive termination (including Sections 6, 8, 11, 12, and 14) shall survive.

14. Governing Law and Jurisdiction

14.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 For Users who are merchants (Kaufleute), legal entities under public law, or special funds under public law, the exclusive place of jurisdiction is Berlin. For consumers, the statutory provisions on jurisdiction apply.

15. Amendments

15.1 Pandata may amend these Terms during the Beta Program with reasonable notice (at least 14 days). Continued use of PandaOS after the effective date of the amendment constitutes acceptance.

15.2 For consumers: If an amendment materially disadvantages the User, the User may terminate participation within 14 days of being notified of the change.

16. Severability

16.1 If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects its commercial intent.

17. Contact

Pandata GmbH
Köpenicker Str. 126, 10179 Berlin
info@pandata.de
Amtsgericht Charlottenburg, HRB 176198
Geschäftsführer: Marco Szeidenleder, Wolfgang Bernecker, Krisztina Kodó