Terms of Service

Last updated 30 September 2026

1. Scope

These Terms govern the use of Quinta5, an AI workspace for executive search provided by Max Kugland, trading as Quinta5, Nordstraße 26, 50733 Köln, Germany ("Quinta5", "we"), by the organization that orders or uses it ("Customer"). Quinta5 is offered only to businesses (Unternehmer within the meaning of § 14 BGB), not to consumers.

The Order Form, these Terms and the Data Processing Agreement ("DPA") form the agreement, in that order of precedence. Customer's own terms and conditions do not apply. Whoever accepts these Terms for Customer confirms that they are authorized to do so.

2. The Service

Quinta5 lets Customer's users keep the material of their searches, such as briefs, CVs, interview notes and references, in one workspace, search across it, ask questions about it and draft reports from it, with every statement linked to its source ("the Service"). We develop the Service continuously and may change it, as long as its core functions are not materially reduced during a subscription term. This includes changing the AI models and providers we use.

3. How the Service is meant to be used

Quinta5 assists users in assessing candidates. At a user's request, it combines facts from the material the user selects into answers, comparisons and reports, including recommendations based on the client's requirements, each linked to its sources. Quinta5 takes no decisions and does not act on its own; users review the drafts and decide.

AI-drafted text can be incomplete or wrong, even when it cites a source. Customer's users review drafts against their sources before relying on them or passing them on, and remain responsible for every assessment and decision. Customer will not base decisions about individuals solely on drafts from the Service.

4. Accounts and access

Customer's administrators create accounts for their users. Sign-in uses one-time email links; users can also create personal API keys and connect AI assistants. Accounts and keys are personal and must not be shared. Customer is responsible for what happens under its users' accounts and removes access for people who should no longer have it.

5. Connected AI assistants

Users can connect third-party AI assistants to Quinta5, for example through our MCP connector. The assistant then reads and uses Customer Data on the user's behalf. That is Customer's decision and happens under Customer's agreement with the assistant's provider; we are not responsible for the assistant or its provider.

6. Customer Data and results

"Customer Data" is everything Customer or its users upload to or create in Quinta5, including chats and reports. Customer Data and the reports Customer creates belong to Customer. Customer ensures that it may upload and use Customer Data, in particular under data protection and employment law. We use Customer Data only to provide the Service, as set out in the DPA, and never to train AI models.

7. Acceptable use

Customer and its users will not:

• process material they have no right to process, or use the Service in breach of data protection, employment or anti-discrimination law;
• try to access other customers' data or bypass access controls;
• interfere with the security or operation of the Service;
• use the Service to build a competing product, or reverse engineer it where the law does not permit this.

8. Availability and support

We operate the Service with reasonable care and aim for high availability, but do not guarantee uninterrupted operation unless the Order Form sets a service level. We announce planned maintenance in advance where we can. Support is provided by email.

9. Fees and fair use

9.1 Fair use

Subscription fees include reasonable use of the AI features in the ordinary course of Customer's business. We may apply reasonable technical limits or temporarily restrict usage that is unusually intensive, automated, abusive or otherwise disproportionate, where that usage materially exceeds normal usage patterns or creates excessive third-party processing costs. Any restriction is limited to what is reasonably necessary to protect the Service and control those costs. Where practicable, we contact Customer first and agree an appropriate usage arrangement in good faith. We may act without prior notice where this is reasonably necessary to prevent abuse, material cost escalation, or harm to the Service or other customers.

9.2 Fees and payment

Fees, billing frequency and payment terms are set out in the Order Form. Except as stated there or required by law, fees are not refundable.

10. Demo and trial access

We sometimes give free access, for example through a demo campaign or a trial. Free access is limited in time, can be ended at any time, and content created in it is deleted after the access period. For free access we are liable only for intent and gross negligence, and for injury to life, body or health.

11. Suspension

We may suspend access in whole or in part where this is necessary to avert a threat to the security of the Service or of other customers, in the event of a serious breach of Sections 7 or 4, or if payment is more than 30 days overdue after a reminder. We inform Customer and restore access as soon as the reason no longer applies.

12. Confidentiality

Each party keeps the other's confidential information confidential and uses it only for this agreement. For us, this includes all Customer Data. This does not apply to information that is public, was already known to the recipient, or must be disclosed by law.

13. Warranty and liability

We provide the Service with reasonable skill and care and remedy defects within a reasonable time. Liability without fault for defects that existed when the agreement was concluded (§ 536a(1) BGB) is excluded.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and under any guarantee we have given. For slight negligence we are liable only for breach of an obligation whose fulfilment makes the proper performance of the agreement possible and on which Customer may rely (a material obligation), and then only for the typical damage foreseeable when the agreement was concluded, up to the fees paid for the Service in the twelve months before the damaging event. The same applies to our representatives and agents.

14. Term and termination

The term, renewal and notice periods are set out in the Order Form. Either party may terminate for good cause (§ 314 BGB). For 30 days after the agreement ends, we provide Customer's Customer Data on request in a machine-readable format; we then delete it as set out in the DPA.

15. Changes to these Terms

We may change these Terms for good reason, for example to reflect new functions or legal requirements. We send changes to Customer's administrators at least six weeks before they take effect. If Customer does not object in writing before then, the changes apply; if it objects, either party may terminate the agreement with effect from that date. We point this out in the notice.

16. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Köln, Germany, to the extent permitted by law. If a provision is invalid, the rest of the agreement remains in effect.

17. Contact

Questions about these Terms: max@quinta5.com. Our full details are in the imprint.