Terms and Conditions

(1) These General Terms and Conditions (hereinafter “Terms”) apply to all contracts regarding the use of the web application, software-as-a-service, and platform axath (hereinafter “Service” or “Platform”) between:

(hereinafter “Provider” or “we”) and the users of this Platform (hereinafter “User” or “you”).

(2) The Service is directed at both consumers pursuant to Section 13 of the German Civil Code (BGB) and business entities or entrepreneurs pursuant to Section 14 BGB (hereinafter collectively referred to as “Users”). A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

(3) Deviating, conflicting, or supplementary terms and conditions of the User shall only become part of the contract if and to the extent that the Provider has expressly consented to their validity in text form (e.g., via email).

(1) axath provides Users with automated online tools for researching, analyzing, and generating domain names. The core functional scope includes:

• Checking domain name availability using zone files, DNS records, RDAP queries, and third-party database interfaces (APIs).
• AI-assisted generation of domain name and branding suggestions.
• Storing searches, managing project workspaces, and generating public or private workspace share links.

(2) No Domain Registrar Status: The Provider acts solely as an informational research intermediary and is not a domain registrar. The Provider does not register domain names in its own name or on behalf of the User. Redirection to third-party domain registrars occurs via external links, which may include commercial affiliate links. Any contract for the registration, purchase, or maintenance of a domain name is concluded exclusively between the User and the chosen third-party registrar under that registrar's independent terms.

(3) No Domain Reservation Rights: Searching, displaying, or generating a domain name on axath does not grant any reservation right, priority right, option right, or ownership claim over the respective domain name.

(1) Certain basic lookup features of the Platform are accessible without registration. Accessing saved project workspaces, higher query quotas, and paid features requires creating a User account.

(2) Account registration and authentication are conducted via passwordless login methods supported by the Platform, such as OAuth identity providers (e.g., Google, GitHub) or One-Time Password (OTP) codes sent to the User's email address. The User is responsible for maintaining exclusive control over the email account or OAuth profile used to authenticate access.

(3) By creating a Free account or logging into the Platform, the User accepts these Terms and acknowledges the Privacy Policy governing data processing under § 312 (1a) BGB and the GDPR.

(4) Accounts are personal. Users are prohibited from selling, renting, transferring, or commercially sublicensing access to their User account to unauthorized third parties.

(1) Free Plan (Free Tier): A free user contract is concluded when the User successfully completes account authentication for the Free Tier.

(2) Paid Plans (Personal, Pro and Scale): To subscribe to paid features or higher limits, the User selects the desired plan and billing cycle (monthly or annual) within the Platform. By clicking the binding order button (e.g., “Order with obligation to pay”) and successfully executing payment, the User makes a binding offer to enter into a paid subscription contract. The contract is formed upon activation of the selected paid features or delivery of an electronic confirmation.

(1) Prices listed on the website at the time of order apply. All prices displayed to consumers include applicable statutory Value Added Tax (VAT) pursuant to the German Price Indication Ordinance (PAngV).

(2) Payment Processing: Payments are processed via Stripe (Stripe Payments Europe, Ltd.). Invoicing and recurring billing are automated. Electronic invoices are delivered to the User via email or made available for download within the account dashboard.

(3) Subscription fees are due in advance at the start of each billing period.

(4) Mid-cycle plan upgrades or downgrades will be billed or credited on a pro-rata basis.

(5) Free trial: The first paid subscription of an account begins with a free trial of 14 days. The payment method is entered at checkout. The first billing period, and with it the first charge, begins when the trial ends: at 01:00 German time on the day after the statutory withdrawal period ends, that is, 15 days after the day of purchase. If the subscription is canceled or withdrawn before then, no fee is charged. The trial is available once per account; later subscriptions are charged from their first day.

(4) During the free trial: A subscription canceled during the free trial (§ 5 (5)) ends when the trial ends, and nothing is charged.

(5) Effect on User Data: Following cancellation and expiration of the paid term, the account is downgraded to the Free Tier. Saved project workspaces and history are retained on our servers unless the User explicitly requests data deletion.

The withdrawal instructions and optional model withdrawal form are available separately. Withdrawal is distinct from cancellation of automatic renewal.

If you are a consumer residing in the European Union or European Economic Area, you possess a statutory right of withdrawal in accordance with EU consumer protection laws and § 355 BGB.

(1) The Platform may only be accessed and used for lawful purposes in accordance with these Terms.

(1) Provider IP: All rights, title, and interest in and to the software, algorithms, data aggregation structures, user interface design, visual assets, and trademarks of axath remain exclusively with the Provider.

(2) User Content: The User retains full ownership of all project names, notes, and search lists created within their account. The User grants the Provider a non-exclusive, worldwide, royalty-free license solely to host, store, process, and display this content as necessary to operate the Service (including executing User-initiated public share links).

(3) AI Output Ownership: The Provider asserts no copyright, ownership, or exclusive rights over domain name suggestions generated by AI tools. Users are free to use these suggestions for their domain acquisitions and commercial branding at their own risk.

(1) The Provider delivers the Service on a best-effort availability basis. While reasonable efforts are made to ensure uninterrupted access, no specific uptime percentage (SLA) is contractually guaranteed.

(2) Access may be temporarily restricted for necessary maintenance, security patches, or due to external factors beyond the Provider's control (e.g., public RDAP node outages, DNS zone file delivery delays, or third-party AI model API downtime).

(3) Product Modifications (§ 327r BGB): The Provider may modify, update, or adapt the Service beyond what is necessary to maintain conformity, provided there is a valid reason for doing so (such as technical enhancements, security updates, changes in third-party API architectures, or changing market conditions). If a modification negatively affects a consumer's access to or usability of the digital service in a more than minor way, the consumer will be given reasonable advance notice in text form and retains the statutory right to terminate the contract free of charge pursuant to § 327r BGB.

(1) The Provider is unrestrictedly liable for damages arising from injury to life, body, or health, in cases of intent or gross negligence, for claims under the German Product Liability Act, and in cases of fraudulent concealment of defects.

(2) In cases of slight negligence, the Provider shall only be liable for breaches of an essential contractual obligation. An essential contractual obligation is one whose fulfillment is essential to the proper execution of the contract and on whose compliance the contractual partner regularly relies. In such cases, liability is limited to foreseeable damages typical for the contract.

(3) Liability for slight negligence is otherwise excluded.

(4) Search Result and Domain Information Disclaimer: Subject to paragraphs (1) through (3), the Provider assumes no contractual liability for financial losses or lost opportunities resulting from discrepancies between the Platform's availability status display and actual real-time registry status, or for domain names acquired by third parties before a User completes a registration on an external registrar.

(1) The Provider reserves the right to temporarily suspend or permanently terminate a User account if there are concrete indications that the User has violated these Terms (in particular § 8) or applicable laws.

(2) The statutory right of both parties to terminate the contract for extraordinary cause remains unaffected.

Personal data is collected and processed in strict compliance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Full details regarding data storage, European server hosting, payment processing via Stripe, and user deletion rights are set forth in the separate Privacy Policy.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which they have their habitual residence.

(2) If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider's place of business in Bremen, Germany.

(1) The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).

(2) Notice regarding online dispute resolution: The former European Online Dispute Resolution (ODR) platform operated by the European Commission has been decommissioned. Consumers seeking dispute resolution options may consult local statutory consumer advice centers.