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Legal Notice (Imprint)

As of: 1 October 2026 (version 1.9.1)

Note: This is a translation of the German legal texts. The German version remains the legally binding one.

Information pursuant to § 5 DDG (German Digital Services Act, formerly TMG)

Owner: Andreas Paul Galinski
Trade Name: Andreas Galinski IT-Dienstleistungen & Softwareentwicklung
Software & Brand: Archivalis AI
Höher Weg 23
58511 Lüdenscheid
Germany

Phone: +49 177 633 8633
E-Mail: contact@archivalis-ai.com
Website: https://archivalis-ai.com | Product Page: https://archivalis-ai.com/files

Responsible for content (§ 18 (2) MStV): Andreas Paul Galinski (address as above)

Business registration: Sole proprietorship / small business (“Kleingewerbe”) pursuant to § 14 GewO, registered with the City of Lüdenscheid on September 3, 2026. Not listed in the commercial register (Handelsregister).

Statutory accident insurance: Verwaltungs-Berufsgenossenschaft (VBG), company number: 4032 1416 2929 001

VAT: In accordance with § 19 of the German VAT Act (Umsatzsteuergesetz, “Kleinunternehmerregelung” / small-business exemption), no VAT is charged.

Business Identification Number (Wirtschafts-Identifikationsnummer): DE465151793-00001 (under § 139c of the German Fiscal Code)
VAT identification number (USt-IdNr.): DE465151793 (under § 27a of the German VAT Act)

Dispute resolution:
I am not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board. (The former EU Online Dispute Resolution platform was permanently discontinued by the European Commission on 20 July 2025; a reference to it is therefore deliberately omitted here.)

Terms of Use (EULA)

This end-user license agreement (hereinafter “EULA” or “Terms of Use”) is a legally binding contract between you (either as a natural person acting as a consumer, or as a business user) and the Provider (contact details see Legal Notice above). By installing, purchasing, or using the Software, you agree to these terms.

§ 1 Scope and Parties

These terms of use apply to the use of the software “Archivalis Ai - Files” (desktop application for Windows, including distribution via the Microsoft Store), hereinafter “the Software”. The Software is provided by Andreas Paul Galinski (Andreas Galinski IT-Dienstleistungen & Softwareentwicklung / Archivalis AI), Höher Weg 23, 58511 Lüdenscheid, Germany, e-mail: contact@archivalis-ai.com, hereinafter “the Provider”, “we”, or “us”.

§ 2 Description of Service

The Software serves to organize, analyze and prepare files. It includes in particular: detecting files with identical content (duplicates), sorting photos and videos by capture date, sorting and renaming documents and music with the support of an AI model, AI-assisted analysis of documents (e.g. summaries, task lists, podcast scripts), and creating slideshows/videos and audio files with synthetic speech output, including optional voice cloning. Text recognition in scanned documents takes place locally. Some functions (e.g. duplicate detection, sorting by capture date) work without AI.

The Software is provided free of charge. The following in particular can be used free of charge and without time limit: the file list with preview, duplicate detection, sorting photos and videos by capture date, sorting music by existing tags and file names, renaming, filtering and the recycle folder, as well as voicing podcast scripts written by the user with Windows or Edge voices. The AI features (filing, naming and analyzing documents, AI recognition of music details, AI podcast scripts), the slideshow generator and the local speech output Chatterbox including voice cloning (hereinafter “Pro features”) are unlocked by the extension “Archivalis Pro” (§ 3).

The AI functions require that the user either provides a local AI model via separately installed third-party software (e.g. LM Studio, Ollama) or enters their own API key from a cloud provider; neither is part of the Software. Without these prerequisites, the AI functions are not available. Local speech output with voice cloning (Chatterbox) is installed on request (approx. 4 GB, internet connection required) and runs considerably slower without an NVIDIA graphics card.

For the AI functions, the user may choose between:

When sorting music, the Software can, at the user’s request, write the recognized details (artist, title, album, album artist, year of release, genre, and track number) into the metadata (tags) of the respective audio file. The function can be switched off in the settings and in the review window before each sorting run. The audio track is not re-encoded; before replacing the file, the Software checks that the audio data are unchanged and that an embedded cover has been preserved; otherwise the file remains unchanged. Previous values of the changed fields are overwritten. The details are based on existing tags, the file name, and predictions of the selected AI model and may be incorrect; the user can check and correct them in the review window before they are written.

§ 3 Subject Matter and Purchase via Distribution Platforms

(1) The subject of this contract is the perpetual transfer of the Software free of charge in its most current version available via the respective distribution platform at the time the contract is concluded, together with the grant of the usage rights specified in § 4. The Pro features (§ 2) are unlocked permanently by a one-time purchase of the extension “Archivalis Pro” via the respective distribution platform (one-time purchase, no subscription, no automatic renewal); the price is shown there before the purchase. The unlock applies to the account used for the purchase, within the terms of the distribution platform.

(1a) Before purchasing, the Pro features can be tried once free of charge for 14 days. The trial period only begins when the user starts it in the Software and ends automatically, without costs and without the need to cancel. After the trial period ends, the free features, all of the user’s files and the results already created (e.g. sorted files, videos, audio files) remain fully available and usable.

(2) Purchase of the Software, including all payment processing, takes place via authorized distribution platforms or resellers (in particular the Microsoft Store, and additionally via a merchant of record such as e.g. Creem, where and to the extent the Provider makes this purchase channel available). The respective platform operator’s or reseller’s own terms of sale and policies apply additionally and take precedence for payment processing, account management, and refunds. Where the Software is purchased via the Microsoft Store, returns and refunds are governed by Microsoft’s policies (Microsoft account → Payments & billing → Order history); where purchased via another platform, that platform’s return procedure applies. The statutory right of withdrawal for consumers expires for digital content once performance of the contract has begun after the consumer has expressly consented and acknowledged that they thereby lose their right of withdrawal (§ 356(5) German Civil Code); this is implemented in the ordering process of the respective platform.

(3) Unless a platform operator or reseller (e.g. the Microsoft Corporation or a merchant of record such as Creem) expressly acts as licensor itself, it is not a party to this EULA. It is under no obligation to provide maintenance or support services for this Software, nor is it liable for product damages, defects, or infringement of intellectual property rights caused by the Software, unless mandatory law provides otherwise. These terms of use apply in addition, to the extent they do not conflict with the respective platform’s terms.

§ 4 Grant of Usage Rights and Restrictions

(1) The Software is licensed, not sold. Subject to compliance with this EULA, the Provider grants the user a simple (non-exclusive), territorially unrestricted, non-sublicensable and non-transferable right to use the Software for personal or internal business purposes within the scope of its functionality, and, where the Software was purchased via the Microsoft Store, additionally within the scope of the Standard Application License Terms applicable there.

(2) The user is expressly prohibited from:

§ 5 Eligibility

Adults may use the Software without restriction. Minors may use it only with the consent of a parent or legal guardian.

§ 6 Specific Provisions for Artificial Intelligence (AI) under the EU AI Act

(1) The Software contains features based on AI systems (including for file management, analysis, summarization, speech synthesis, and content creation). The user is hereby informed, pursuant to Art. 50 of the EU AI Act (transparency obligations), that they are interacting with an AI system.

(2) Machine-readable marking: Audio content generated by the Software (speech output in slideshows and podcasts as well as the soundtrack of generated slideshow videos) is marked with an inaudible watermark to make it detectable as artificially generated, provided the local watermarking service is available; it is set up together with Chatterbox. If it is not set up or not reachable, the audio content is created without a watermark. The user is prohibited from wilfully removing or falsifying these markings, or taking technical measures to obscure their detectability.

(3) Disclosure obligations upon publication (deepfakes & text): Where the user uses the Software to create AI-generated or -manipulated image, audio, or video content that resembles real persons or events (deepfakes), or text on matters of public interest, and makes such content available to the public, the user, acting as deployer under Art. 50(4) of the EU AI Act, is obliged to clearly and unambiguously label such content as artificially generated. Fulfilling this statutory labeling obligation towards third parties is the sole responsibility of the user.

(4) Voice cloning: The user agrees to use voice cloning features only with their own voice, or with the explicit, revocable consent of the person whose voice is being cloned. Creating audio content for purposes of deception, fraud (e.g. impersonation scams), defamation, or disinformation, as well as creating harmful deepfakes, is prohibited. Consent to the voice cloning feature is voluntary and not a prerequisite for using the Software’s other features; it may be withdrawn at any time in the settings under “Local AI & Speech”. The Chatterbox consent covers the installation of Chatterbox (see Privacy Policy, section 3c) and the voice cloning feature; after withdrawal, Chatterbox is shut down and no longer started automatically.

(5) Any violation of paragraphs (2) through (4), as well as any use of the AI features to generate defamatory, violence-glorifying, obscene, or rights-infringing content (in particular infringing copyright or personality rights), is strictly prohibited and entitles the Provider to terminate the license immediately for cause.

§ 7 Automated File Processing

The Software moves, sorts, and renames files based on AI predictions and can write metadata into audio files (§ 2). The Provider is liable for damages resulting from incorrect categorization, renaming, moving, or changed metadata in accordance with § 11. When sorting, the Software does not overwrite existing files (files with the same name are numbered) and does not delete permanently; duplicates with identical content and files marked for deletion are moved to a trash folder. Users are strongly advised to use the “Copy files instead of moving” option before any production use and to maintain regular backups of their own data; if the user fails to do so, contributory negligence may be attributed to them (§ 254 German Civil Code).

§ 8 Privacy and Processing of the User’s Own Data

(1) To the extent the Provider collects the user’s personal data, this is done in accordance with the Provider’s Privacy Policy (see section 3 below, or archivalis-ai.com/privacy).

(2) Where the user processes their own files and documents using the Software (in particular the local AI features) that contain personal data of third parties (e.g. names, biometric data, voice recordings), the user acts as the sole data controller for that data under Art. 4(7) GDPR.

(3) The Provider has no access to the user’s locally processed files. The user warrants that they have all legal bases required (e.g. explicit consent under Art. 9(2)(a) GDPR for special categories of data) to have such data processed by the Software, and indemnifies the Provider against any third-party claims arising from the user’s culpably unlawful use of the Software with respect to data protection.

§ 9 Updates

(1) For consumers (§ 327f German Civil Code): Where the user acts as a consumer within the meaning of § 13 of the German Civil Code, the Provider will make available updates necessary to maintain the Software’s conformity with the contract (in particular security updates and bug-fix patches) for the period the consumer may reasonably expect given the nature and purpose of the Software. The Provider will inform the user of available updates via the respective distribution platform (e.g. the Microsoft Store) or on the product page https://archivalis-ai.com/files.

(2) Installation of updates: If the user does not install a provided update within a reasonable time, the Provider is not liable for a defect attributable solely to the absence of that update, provided the Provider informed the user of the availability of the update and the consequences of failing to install it, and the failure to install or the incorrect installation is not due to deficient installation instructions.

(3) The Provider is entitled to make functional changes going beyond mere maintenance of contractual conformity (upgrades, redesigns), provided this does not result in any additional costs for the user. This requires a valid reason (e.g. adaptation to new technical environments, security, or changes in the law) and clear information to the user. If such a change impairs access to or usability of the Software more than insignificantly, the consumer may terminate the contract free of charge within 30 days in accordance with § 327r(3) and (4) German Civil Code.

§ 10 Warranty

(1) For consumers: The statutory warranty provisions apply, in particular the provisions on consumer contracts for digital products under §§ 327 et seq. of the German Civil Code.

(2) For business users (B2B): Where the user acts as a business (§ 14 German Civil Code), a legal entity under public law, or a special public-law fund, the following applies instead: a) claims for defects by the business user become time-barred within 12 months of the Software being made available. b) The Software has a defect only if it deviates materially from the functional description published on the respective distribution platform (e.g. the Microsoft Store); public statements, advertising, or promotional claims by third parties are disregarded in determining conformity. c) Any statutory right of recourse under § 327u German Civil Code remains unaffected, provided its statutory requirements are met.

(3) The Provider does not warrant that the Software’s AI-generated outputs are in every case factually accurate, error-free, or fit for the user’s intended purpose. Artificial intelligence operates probabilistically; the user is required to check results for plausibility and accuracy before any critical or commercial further use.

§ 11 Limitation of Liability

(1) The Provider is liable without limitation for damages arising from intentional or grossly negligent breach of duty by the Provider, its legal representatives, or agents.

(2) The Provider is liable without limitation for damages resulting from injury to life, body, or health, even in the case of a merely slightly negligent breach of duty.

(3) In the case of a slightly negligent breach of material contractual obligations (cardinal obligations — obligations whose fulfilment is essential to the proper performance of the contract and on whose observance the user may regularly rely), the Provider’s liability is limited to the typically foreseeable damage.

(4) In all other respects, the Provider’s liability for slight negligence is excluded.

(5) Liability under the mandatory provisions of the German Product Liability Act, or in the case of an express warranty of quality or fraudulent concealment of a defect, remains unaffected by the above limitations.

(6) These provisions do not involve any reversal of the burden of proof to the disadvantage of the user.

(7) To the extent the Provider’s liability for damages is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.

§ 12 Intellectual Property

All rights to the Software (source code, design, the “Archivalis Ai - Files” trademark) remain with the Provider or the respective rights holders. Users are granted a simple, non-transferable right of use within the scope of the intended purpose. The Software contains third-party components under their own licenses; a full overview is available within the app under “Help & Legal” and in the file THIRD-PARTY-NOTICES.md in the resources\licenses subfolder of the installation directory. In particular, FFmpeg is bundled as a standalone program under the GNU General Public License Version 3 (see resources\licenses\ffmpeg\LICENSE.txt).

§ 13 Export Restrictions

The Software, including optionally downloaded AI models, may be subject to the export and import laws of various jurisdictions (in particular the USA and the European Union). The user agrees to comply with all applicable national and international export laws and regulations relevant to the Software, including restrictions relating to end users, end use, and destination countries, including embargoes and sanctions lists.

§ 14 Consumer Dispute Resolution (Information under VSBG)

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Changes to These Terms

Changes to these terms of use are displayed to the user in the app and apply to existing contracts only if the user consents to them. If the user does not consent, the previous terms continue to apply; the user may then continue to use the Software under the previous terms and selects this in the app via “Do not agree – keep working under the previous version”.

§ 16 Final Provisions

(1) This contract is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which a consumer has their habitual residence remain unaffected by this choice of law.

(2) Where the user is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special public-law fund, the exclusive place of jurisdiction for all disputes arising from or in connection with this EULA is the Provider’s place of business.

(3) Should any individual provision of these terms of use be or become invalid or unenforceable, in whole or in part, the validity of the remaining provisions shall remain unaffected.