Pandata
PandaOSby Pandata
← Back

Terms of Service

PandaOS subscriptions

Version 2.0

1. Scope and Acceptance

1.1 These Terms of Service (“Terms”) govern the use of PandaOS, a desktop application and related online services developed and operated by Pandata GmbH, Köpenicker Str. 126, 10179 Berlin, registered with the Amtsgericht Charlottenburg, HRB 176198 (“Pandata”, “we”, “us”). Our full legal notice is available at pandaos.ai/impressum.

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

1.3 A consumer (Verbraucher, § 13 BGB) is a natural person entering into the contract for purposes outside their trade, business or profession. A business customer (Unternehmer, § 14 BGB) acts in the course of their trade, business or profession. Several provisions below, in particular the right of withdrawal in Section 8, apply only to consumers.

1.4 These Terms are provided in English, and English is the contract language. The Widerrufsbelehrung in Section 8 is provided in German and English; the German version of that section is authoritative.

2. Plans and Subscriptions

2.1 PandaOS is offered on several plans. The Community Edition is free of charge. Pro on your key, Pro, Max and Ultra are paid subscriptions. The plans currently offered, their prices and what each includes are set out at pandaos.ai/pricing, which forms part of these Terms.

2.2 A paid subscription is concluded when you complete the order process and we confirm the order. All subscriptions run on a monthly billing period.

2.3 Paid plans include a monthly usage allowance for AI model access, which resets at the start of each billing period. Unused allowance does not carry over. Additional usage may be purchased separately, or supplied through your own provider key.

2.4 Your usage allowance is shown in your account as the percentage of the monthly allowance remaining. Allowances are not unlimited. If you use up your allowance before the end of a billing period, you can buy additional usage, connect your own provider key, or wait for the allowance to reset at the start of the next period.

3. Eligibility

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

3.2 Users may subscribe as consumers or on behalf of a business entity.

4. Account

4.1 Use of PandaOS requires a user account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

4.2 You must provide accurate information during registration and promptly update any changes. Billing and tax data must be accurate, because it determines the VAT treatment of your subscription.

4.3 Account data is retained for as long as the account exists, unless you request deletion. Data retained to comply with statutory accounting and tax duties is described in our Privacy Policy.

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, or through the included allowance on plans that carry one.

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, for example AI model access, email, deployments and third-party integrations.

5.4 PandaOS is in beta and under continuous development. We supply the updates needed to keep PandaOS in conformity with the contract, including security updates, for the duration of your subscription.

5.5 We may change PandaOS beyond what is needed to maintain conformity where there is a valid reason, such as adapting it to a new technical environment, responding to a change in a third-party service we depend on, or developing the product during beta. Such a change will not cost you anything extra. If a change adversely affects your access to or use of PandaOS, other than to a minor extent, we will tell you a reasonable time in advance and you may terminate your subscription free of charge within thirty days of being told, or of the change being made, whichever is later.

6. Prices, VAT and Payment

6.1 The prices for each plan are those shown at pandaos.ai/pricing at the time you place your order. All prices are in Euro and include value added tax where it applies. The price shown is the total amount payable; no further charges are added at checkout.

6.2 Payment is made through our payment service provider, Stripe. Payment is due at the start of each billing period. The payment methods available to you are those offered during checkout.

6.3 If a payment fails, we may suspend access to paid features until payment is made. We will tell you before we do so.

7. Term, Renewal and Price Changes

7.1 Paid subscriptions run for an initial term of one month and renew automatically for further one-month periods until cancelled.

7.2 You may cancel at any time with effect from the end of the current billing period. Cancellation is described in Section 9.

7.3 We may terminate a subscription on reasonable notice. The right of either party to terminate for good cause remains unaffected.

7.4 PandaOS is in beta and its prices may change. We may change the price of a plan for future billing periods. We will tell you at least thirty days before a new price takes effect. You may cancel with effect from the date the new price would apply, and if you do, you are never charged the new price. Continuing your subscription after that date is not treated as agreement to anything you were not told about in the notice.

7.5 A price change never applies to a billing period you have already paid for.

7.6 You can cancel at any time using the cancellation form at pandaos.ai/kuendigen, which needs no login and is linked in the footer of every page. You can also cancel in the customer portal from your account, or by sending us an unambiguous statement at info@pandata.de. No particular form is required. We confirm receipt of a cancellation immediately by email, stating its content and the date and time we received it.

8. Right of Withdrawal for Consumers (Widerrufsrecht)

This section applies only to consumers within the meaning of Section 1.3.

Widerrufsbelehrung

Widerrufsrecht

Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsabschlusses.

Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (Pandata GmbH, Köpenicker Str. 126, 10179 Berlin, Deutschland, Tel.: +49 030 555723270, E-Mail: info@pandata.de) mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief oder eine E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.

Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs

Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.

Haben Sie verlangt, dass die Dienstleistungen während der Widerrufsfrist beginnen sollen, so haben Sie uns einen angemessenen Betrag zu zahlen, der dem Anteil der bis zu dem Zeitpunkt, zu dem Sie uns von der Ausübung des Widerrufsrechts hinsichtlich dieses Vertrags unterrichten, bereits erbrachten Dienstleistungen im Vergleich zum Gesamtumfang der im Vertrag vorgesehenen Dienstleistungen entspricht.

Right of withdrawal (English translation)

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Pandata GmbH, Köpenicker Str. 126, 10179 Berlin, Germany, telephone +49 030 555723270, email info@pandata.de) of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Muster-Widerrufsformular / Model withdrawal form

(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück. / If you wish to withdraw from the contract, please complete and return this form.)

An / To:
Pandata GmbH
Köpenicker Str. 126, 10179 Berlin, Deutschland
E-Mail: info@pandata.de

Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über die Erbringung der folgenden Dienstleistung (*)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the supply of the following service (*)

Bestellt am / Ordered on: ______________________
Name des/der Verbraucher(s) / Name of consumer(s): ______________________
Anschrift des/der Verbraucher(s) / Address of consumer(s): ______________________
Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier) / Signature of consumer(s) (only if this form is notified on paper): ______________________
Datum / Date: ______________________

(*) Unzutreffendes streichen. / Delete as appropriate.

9. Cancellation and Refunds

9.1 You can cancel your subscription at any time through the customer portal linked from your account, or by contacting us at info@pandata.de. Cancellation takes effect at the end of the current billing period, and you keep access to paid features until then.

9.2 Your statutory rights, in particular the right of withdrawal in Section 8 and your rights where the service is defective, are not affected by this section.

9.3 Because cancellation takes effect at the end of the billing period you have already paid for, and you keep full access until then, we do not refund part of a billing period on cancellation.

9.4 If PandaOS is defective, you have the statutory remedies for digital products. That means we will first try to restore conformity, and if we fail to do so, or do not do so within a reasonable time, you may reduce the price or terminate the contract, and receive a refund of the corresponding amount. Nothing in these Terms limits those rights.

10. User Content and Intellectual Property

10.1 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.

10.2 Pandata IP. PandaOS, including its software, design, branding, and documentation, is and remains the intellectual property of Pandata. These Terms grant the User a non-exclusive, non-transferable right to use PandaOS for the duration of their subscription, and no rights beyond that.

10.3 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, for example transmitting prompts to a third-party AI provider selected by the User.

11. Third-Party Integrations

11.1 PandaOS allows Users to connect third-party services, for example email providers, cloud databases, deployment platforms and AI model providers, at their own discretion.

11.2 The User is 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.

11.3 Pandata is not liable for data processing, data loss, or any other consequences arising from the User's use of third-party integrations, subject to Section 15.

11.4 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.

11.5 In-app support is provided via a third-party chat service (Intercom). Initial support responses may be handled by an AI agent (Fin by Intercom); such responses are AI-generated and may be inaccurate. Escalation to a human support agent is available upon request. Use of the support chat is subject to Pandata's Privacy Policy at pandaos.ai/privacy, Section 7.12.

11.6 Payment processing is carried out by Stripe. See Section 7.13 of the Privacy Policy.

12. AI-Generated Content

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

12.2 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.

12.3 AI output is produced by third-party models and is inherently probabilistic. Pandata does not warrant that AI-generated content will be accurate, complete, or fit for a particular purpose. This does not affect our obligation to provide PandaOS itself in conformity with the contract, or your statutory rights if we fail to do so.

13. Data Protection

13.1 Pandata collects pseudonymised usage analytics for the purpose of improving PandaOS. This may include feature usage frequency, error reports, and performance metrics.

13.2 Data processing is governed by Pandata's Privacy Policy at pandaos.ai/privacy, which forms an integral part of these Terms and describes the processing carried out by Stripe for payment purposes.

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

14. Permitted Use

14.1 The User may use PandaOS for its intended purpose as a software development and workflow tool.

14.2 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;
  • share account credentials, or use one subscription for more than one individual;
  • use PandaOS to develop a competing product or service;
  • deliberately attempt to disrupt, overload, or compromise PandaOS or its infrastructure;
  • circumvent or attempt to circumvent usage allowances or billing;
  • use PandaOS for any unlawful purpose.

15. Feedback

15.1 Pandata welcomes and may actively solicit feedback, suggestions, bug reports, and improvement ideas (“Feedback”).

15.2 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.

16. Limitation of Liability

16.1 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).

16.2 Limited liability for slight negligence. In cases of slight negligence (einfache Fahrlässigkeit), Pandata is liable only for breaches of material contractual obligations (wesentliche Vertragspflichten, Kardinalpflichten), meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely. In such cases liability is limited to the foreseeable damage typical of this type of contract.

16.3 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, subject to Sections 16.1 and 16.2. The User is responsible for maintaining backups.

16.4 The limitations in this Section 16 also apply to the personal liability of Pandata's employees, representatives, and agents.

16.5 PandaOS is a workflow and development tool that runs on the User's own device, alongside the User's own systems, data and third-party services, and which acts on those systems at the User's instruction. Damage arising from those systems, or from instructions the User gives, is therefore not damage typical of this contract.

17. Termination by Pandata

17.1 Pandata may terminate the contract for good cause, including a material breach of these Terms by the User.

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

17.3 Where Pandata terminates without good cause, fees paid for the remainder of the current billing period are refunded on a pro-rata basis.

17.4 Sections that by their nature survive termination, including Sections 10, 12, 15, 16 and 18, shall survive.

18. Governing Law and Jurisdiction

18.1 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). For consumers, this choice of law does not deprive the consumer of the protection of mandatory provisions of the law of their country of habitual residence.

18.2 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.

19. Amendments

19.1 Pandata may amend these Terms with reasonable notice of at least thirty days before the amendment takes effect.

19.2 If an amendment materially disadvantages the User, the User may terminate the contract with effect from the date the amendment takes effect.

19.3 If you do not accept an amendment, you may terminate your subscription with effect from the date the amendment takes effect. We will say so in the notice, and tell you how to do it.

20. Severability

20.1 If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision is replaced by the applicable statutory provision.

21. Contact

Pandata GmbH
Köpenicker Str. 126, 10179 Berlin
Telephone: +49 30 555723270
info@pandata.de
Amtsgericht Charlottenburg, HRB 176198
Geschäftsführer: Marco Szeidenleder, Wolfgang Bernecker, Krisztina Kodó

Full legal notice: pandaos.ai/impressum