Terms of Use

for the provision of services by marble work, Pagenstraße 6, 49545 Tecklenburg, Email: hello@marblework.app (hereinafter "Contractor") to its customers (hereinafter "Client")

1. General Provisions

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.

1.2 The Contractor does not enter into contracts with consumers or private individuals.

1.3 The Contractor is entitled to subcontract the necessary services in its own name and on its own account to subcontractors, who may also use subcontractors themselves. The Contractor remains the sole contracting party to the Client. Subcontractors will not be used if it is evident to the Contractor that their use would conflict with the legitimate interests of the Client.

1.4 If other contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these GTC, the provisions of these other contractual documents shall take precedence over these GTC in case of any conflict.

1.5 The Contractor does not recognize any terms and conditions of the Client that deviate from these GTC, unless expressly agreed otherwise.

2. Subject Matter of the Contract and Scope of Services

2.1 The Contractor, acting as an independent entrepreneur, provides the following services to the Client:

2.1.1. General Description

marble work is a web-based working environment for marketing teams, companies, freelancers and self-employed professionals. It covers the recording of project and working times, the management of projects, clients and tasks, reports and time evaluations, the management of working time models and absences, as well as AI-assisted features and connections to third-party services. These Terms of Use govern the terms and conditions for the use of marble work.

2.1.2. Usage Rights and Subscription

marble work is available regardless of region or age and can be used in German, English and Spanish. marble work is offered in three plans: the Free Plan is permanently free, requires no credit card and includes a limited range of functions. The Pro and Rocket plans require a paid subscription, billed monthly or annually. First-time subscribers receive a free trial of ten days, after which the selected subscription becomes chargeable unless cancelled beforehand. Further information on the included functions, limits and conditions of each plan is available on the marble work website.

Seat-based billing. Paid subscriptions consist of a base price per organization and a price per additional active member. If members are added or removed during a billing period, charges are calculated pro rata. Inactive or deactivated members are not charged. Switching between Pro and Rocket is possible at any time; an upgrade is charged immediately on a pro-rata basis, a downgrade takes effect at the end of the current billing period.

Storage quota. Each plan includes a storage quota for uploaded files and files generated by AI features. Once the quota is exhausted, users receive a corresponding notice in the application; no further files can be uploaded or stored until storage is freed up or a plan with a larger quota is booked. Data already stored remains retained and accessible.

2.1.3. Payment Terms

Payment for the marble work Pro Plan subscription is made through various payment methods depending on the region and browser of the users. The invoice for the subscription is automatically generated and sent to the users by email.

2.1.4. Management and Time Tracking Processes

Users of marble work can record time entries, manage projects, clients, and tasks, and generate PDF reports. Teams can be managed via the team function; individual members can be assigned different roles and access rights.

2.1.5. Cancellation and Refund Policy

The Pro Plan subscription can be cancelled at any time with effect from the end of the current billing period. After cancellation, the account automatically reverts to the Free Plan – all data is retained. There is no entitlement to a refund of subscription fees already paid for the current billing period, unless legally required.

Payment default and automatic termination. If the payment of a due subscription fee fails, the payment provider (Stripe) notifies the users and makes further collection attempts within 30 days. If the fee remains unpaid 30 days after the due date, the paid subscription is terminated automatically and the organization is downgraded to the Free Plan. All data is retained. However, content and features that exceed the scope of the Free Plan, such as surplus projects, clients, AI teammates, connectors or stored files, are wholly or partly no longer accessible in the Free Plan until a suitable subscription is taken out again. There is no entitlement to access this content while downgraded. Fees incurred up to the termination remain payable.

Downgrade and storage. Switching to a plan with a smaller storage quota (for example from Rocket to Pro or from Pro to Free) requires that the storage in use is first reduced below the quota of the target plan. As long as the storage in use exceeds the quota of the target plan, the downgrade cannot be carried out; the application indicates this. In the event of an automatic downgrade after payment default, the data is retained, but uploading further files is only possible again once the storage in use is below the Free Plan quota or a suitable subscription is taken out again.

2.1.6. Obligations of the Users

Users who use marble work for recording working hours and attendance of employees are responsible for complying with applicable data protection regulations (GDPR) when handling personal data. In particular, employees must be informed about the recording of their working hours and the associated data processing.

Prohibited use. Users may not use marble work or the AI providers and third-party services connected through it for unlawful purposes. In particular, the following are prohibited: transmitting unlawful, offensive, discriminatory content or content infringing the rights of third parties, transmitting personal data of third parties without a sufficient legal basis, circumventing usage policies, security measures or rate limits of the connected providers, and any attempt to impair the security, availability or tenant separation of marble work. Users are solely responsible for ensuring that the AI teammates, skills, knowledge entries and instructions they create comply with the usage policies of the respective AI provider. In the event of violations, the Contractor may temporarily block access or terminate the contract for cause.

2.1.7. Data Protection

The data protection provisions for the marble work application can be viewed here; the website privacy policy applies to the website. The data of the application is stored on servers in Germany and in the database of the provider Supabase in the Frankfurt am Main region. Transmission between server and client takes place exclusively with TLS encryption.

Personal data is transferred to third parties only where this is necessary to provide the service, or where users bring about such a transfer themselves by using a feature – in particular with AI-assisted features and with connections to third-party services. Details are set out in the privacy policy.

2.1.8. Price Changes

The prices for existing subscriptions are generally not changed. If a price change is necessary due to the economic situation, marble work will announce this in advance and allow a reasonable period for early termination.

2.1.9. Connections to Third-Party Services

marble work can be connected to third-party services, such as Google, Meta Ads or Notion, at the express instruction of the users. Users provide the required access credentials themselves. The terms of the respective provider apply to processing by that provider; the Contractor is not responsible for the availability or the scope of functions of those services. Connections can be disconnected at any time in the settings.

Permissions and write access. Users themselves determine which permissions a connected service grants when setting up the connection and within the respective third-party service; they are responsible for granting only the permissions required for the intended purpose. For self-configured connections to third-party interfaces, read-only access applies by default; write access must be explicitly enabled and delete access is blocked as a matter of principle. For certain services, such as advertising accounts, modifying functions are permanently blocked. Credentials are stored encrypted, do not appear in the user interface and are deleted when a connection is disconnected. The Contractor is not liable for actions taken by AI teammates in third-party services within the scope of the permissions granted by the users; clause 2.1.10 applies accordingly.

2.1.10. AI-Assisted Features

marble work offers features in which content is transmitted to third-party language models – currently to Anthropic and OpenAI. Users provide the access keys for these providers themselves; processing therefore takes place under their own contract with the respective provider.

Results of AI-assisted features may be incomplete or incorrect. They must be reviewed before use. No warranty is given as to accuracy, completeness or fitness for a particular purpose. Users decide on their own responsibility which content they pass to AI features.

No responsibility for AI results and AI providers. marble work solely provides the technical environment in which requests are transmitted to the providers chosen and connected by the users with their own access keys (currently Anthropic and OpenAI) and in which their responses are displayed or further processed. The Contractor has no influence on the functioning, availability, model versions, content, training data, security measures or the handling of transmitted data by these providers and assumes no responsibility or warranty whatsoever in this respect. Solely the terms of use and privacy policies of the respective provider apply, to which the users are subject once they store their key.

AI teammates and task chains execute the users' instructions automatically and may access connected third-party services (connectors) for reading and, where enabled by the users, for writing. The Contractor is not liable for incorrect, incomplete, delayed, omitted or unintended executions by AI features, for changes or losses in connected services caused thereby, for costs incurred with the AI provider or third parties, or for any other direct or indirect damage arising from the use of AI results or from AI-driven actions. This does not apply where the Contractor is mandatorily liable under clause 5.1. Users are obliged to review AI results before any use, to provide approval steps for critical actions, to grant write permissions for connectors deliberately only, and not to transmit any content whose disclosure to the respective provider would be impermissible.

Memory and company knowledge. AI teammates may derive insights from completed tasks and chats and store them as memories; this automatic learning function is enabled by default and can be disabled at any time. Stored memories and the organization-wide knowledge base can be viewed, edited and deleted by the members of the organization. Users are responsible for checking stored memories and knowledge entries for accuracy and permissibility and for removing unwanted content. Memories and knowledge are transmitted to the connected AI providers insofar as they are used for a task or a chat.

2.1.11. Availability

The Contractor endeavours to achieve the highest possible availability of marble work but does not owe any particular availability rate. Maintenance windows, disruptions at upstream providers and events outside the Contractor's control may lead to interruptions. Planned maintenance will be announced where possible.

2.1.12. Interfaces (REST API and MCP Server)

In the Rocket Plan, marble work provides a REST interface and an MCP server through which users can create and read the content of their organization with their own programs and AI agents. Starting tasks via the interfaces is deliberately not possible. Access keys for the interfaces can only be created by administrators and can be revoked at any time; they must be kept secret and must not be disclosed to unauthorized third parties. Users are responsible for all actions carried out with a valid key. The Contractor may limit requests, block keys in the event of misuse or security risks and further develop the interfaces; material changes will be announced with reasonable notice. Use of the interfaces is at the users' own risk; the Contractor assumes no responsibility for processing by programs or external agents operated by the users.

2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.

2.3 The Contractor shall provide the contractual services with the greatest possible care and diligence according to the latest standards, rules, and knowledge.

2.4 The Contractor is obliged to provide the services owed under the contract. However, in the performance of his activities, he is not subject to instructions regarding the manner of providing his services, the place of performance, or the time of performance. However, he will determine the working days and time allocation in such a way that optimal efficiency in his activities and in the realization of the contract is achieved. The provision of services by the Contractor takes place only in coordination and in consultation with the Client.

3. Client's Obligations

The Client is responsible for providing the information, data, and other content required for the fulfillment of the services in full and correctly. The Contractor is in no way responsible for delays in performance caused by the Client's late or necessary cooperation; the provisions under the heading "Liability/Indemnity" remain unaffected by this.

4. Remuneration

4.1 The remuneration shall be individually agreed upon in the contract.

4.2 The remuneration is to be paid after the services have been rendered. If the remuneration is calculated based on time periods, it is payable after the expiration of the individual time periods (§ 614 BGB). In the case of cost-based billing, the Contractor is entitled, unless otherwise agreed, to bill the services provided on a monthly basis.

4.3 The Contractor shall issue an invoice to the Client after providing the services, either by post or by email (e.g., as a PDF). The payment is due within 14 days after receipt of the invoice.

5. Liability / Indemnity

5.1 The Contractor is liable without limitation for any legal reason in the case of intent or gross negligence, in the case of intentional or negligent injury to life, body, or health, based on a guarantee, unless otherwise regulated, or based on mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the contract-typical, foreseeable damage unless unlimited liability applies as per the preceding sentence. Material contractual obligations are those duties imposed on the Contractor by the contract for achieving the contract's purpose, whose fulfillment enables the proper execution of the contract in the first place and on which the Client regularly relies. Otherwise, liability on the part of the Contractor is excluded. The aforementioned liability provisions also apply to the Contractor's vicarious agents and legal representatives.

5.2 The Client indemnifies the Contractor from any third-party claims asserted against the Contractor due to violations of these contractual terms or applicable law by the Client.

5.3 Clause 2.1.10 applies in addition to results, actions and omissions of AI-assisted features as well as to the services, data processing and security of the AI providers and third-party services connected by the users. Any liability of the Contractor in this respect is excluded, subject to clause 5.1. Users indemnify the Contractor against third-party claims based on content, instructions or actions they have initiated via AI features.

6. Contract Duration and Termination

6.1 The contract duration and the periods for ordinary termination shall be agreed upon by the parties individually.

6.2 The right of both parties to terminate the contract without notice for cause remains unaffected.

6.3 The Contractor must promptly return or destroy any documents and other content provided by the Client after the contract ends, at the Client's discretion. The assertion of a right of retention to such documents is excluded. Electronic data must be fully deleted, except for documents and data subject to a longer statutory retention period, but only until the end of the respective retention period. The Contractor shall confirm the deletion in writing at the request of the Client.

7. Confidentiality and Data Protection

7.1 The Contractor will treat all processes that come to his knowledge in connection with the assignment strictly confidentially. The Contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the contractual information. The obligation of confidentiality shall apply indefinitely beyond the duration of this contract.

7.2 The Contractor undertakes to comply with all data protection regulations, in particular the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act, when carrying out the assignment.

7.3 Where the Contractor processes personal data on behalf of the Client in the course of providing marble work, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR. The Contractor provides a template on request.

8. Final Provisions

8.1 The law of the Federal Republic of Germany applies, excluding the CISG.

8.2 If any provision of these GTC is or becomes invalid, the validity of the remaining GTC shall not be affected.

8.3 The Client will support the Contractor in the provision of his contractual services by performing appropriate acts of cooperation, where necessary. In particular, the Client will provide the Contractor with the information and data required to fulfill the contract.

8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or has no general jurisdiction in Germany, the parties agree that the place of jurisdiction for all disputes arising from this contractual relationship shall be the seat of the Contractor; exclusive jurisdictions remain unaffected.

8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in legislation, jurisdiction, market conditions, or business strategy) with appropriate notice. Existing customers will be notified by email at least two weeks before the changes take effect. If the existing customer does not object within the period set in the change notice, their consent to the amendment shall be deemed given. If they object, the changes will not take effect; in this case, the Contractor is entitled to terminate the contract at the time the change takes effect. The notice of intended amendment to these GTC will highlight the deadline and the consequences of objection or lack thereof.