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Following the European Union Directives and Regulations in Data Protection policies and the German laws on the matter, DataCircle i.G (The Firm, we, us) considers a priority to apply the existing related regulation and presents the following document with all the Terms and Conditions rules and laws and how The Firm will use the subsequent information. The document will illustrate the way The Firm collects and process the User’s data, presenting how The Firm will adhere to data security standards regarding the user’s data.
These Terms and Conditions are a legal contract between the user or visitor of the platform and The Firm. By accessing to our platform the user or visitor agreeing to all of the Terms and Conditions, if they are not agree with any of these Terms, they must nor access or use any information contained on this platform.
The user’s general Terms and Conditions shall not apply, unless they are approved by The Firm through a written agreement. By using this service in any manner; including, but not limited to, visiting the site or contributing content, information, or other materials to the site, you agree to be bound by this Agreement.
For the purpose of this document "Terms and Conditions" the following definition apply. A "User" means the natural person or undertaking that has been accepted the following Terms and Conditions and has a current account with The Firm.
By using The Firm, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless The Firm if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to The Firm or the Site.
The use of the services requires the registration as a user. Your Account user ID and password, along with any assigned keys or other credentials provided to you must be treated as confidential. The Firm will not be liable for any loss resulting from the unauthorized use of Your Account password or any assigned access keys or credentials
The user is obliged to provide true, accurate, current and complete registration data, and to maintain this by promptly updating the registration data, and other mandatory disclosures including payment information, when necessary. If you provide any information that is untrue, inaccurate, not current or incomplete or if The Firm has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; The Firm has the right to suspend, or terminate your account and prevent your access to potentially all of the services and, or content (or other users' access to your content), and refuse any future use of the service (or any portion thereof), or content.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
If you are entering into this agreement on behalf of a firm or other legal entity, you confirm that you have the authority to bind such entity to these Terms and Conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms and Conditions; you must not accept this agreement, nor use the service.
You own or otherwise control and have sufficient rights and consents to provide all Applications, Brand Features and Marks or Content for use by firm in the manner contemplated by this Agreement and none of the Applications, Brand Features and Marks or Content infringes, misappropriates or violates any rights of any third parties.
The Firm’s services are online services; therefore all communications including notices, or other information will be delivered electronically, or as an announcement via the users account. The user is obliged to ensure that emails sent to the email address specified, can be received and agrees to check his email inbox at least once each working day. The user has to ensure that the settings of his email account are set accordingly, so that The Firm’s emails will not be sorted out by the spam filter.
The user consents to receiving electronic communications from The Firm. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with The Firm. You agree that any notices, agreements, disclosures or other communications that The Firm sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The Firm reserve the right to refuse service to anyone for any reason at any time.
A “Submission” is any information, data, opinions, Data Sets, messages, comments, collaboration, tags, queries, searches, photos, videos, graphics, sounds and other content or material that is submitted, uploaded, posted or otherwise made available on or through the Site or through the Services available in connection with this Site.
You are responsible for all Submissions you submit, upload, post or otherwise make available on or through the Site or through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether you have sufficient permission to share such information is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree that any Submission provided by you in connection with this Site is provided on a non-confidential basis. Unless your Submission is a “private” Data case in which it will be applicable the specific regulations, and this implied that you hereby grant to The Firm a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. If your submission is a “private” Data, you hereby grant The Firm a non-exclusive, perpetual, irrevocable, fully paid-up, worldwide license to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed solely to provide the Services.
The Firm may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.
The Firm expects all Users and visitors to the Site to respect the intellectual property rights of others, and take the protections of those rights seriously. Infringing activity on the Site will not be tolerated. In line with this policy, Users must ensure that all Submissions do not violate copyright laws. The Firm may, in appropriate circumstances and at its discretion, terminate service and/or access to this Site for Users or visitors who infringe the intellectual property rights of others.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our site. In this order, we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. You can review the most current version of the Terms of Service at any time at this page. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to the new terms, please stop using the Service.
The Firm provides content on the Site that is copyrighted and/or trademarked work of The Firm or The Firm’s third-party licensors and suppliers or other visitors and users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. The Firm also provides its Users (as defined below) and visitors to the Site with access to data tables, data and databases, including without limitation any images, video, data of varying nature and other content contained therein that are the property of third parties or other visitors and Users. This Data are not deemed to be Materials for purposes of these Terms.
Subject to the Terms and Conditions of these Terms, and your compliance with these Terms, The Firm hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.
You may use, copy, and distribute the Data (including allowing The Firm to use, copy, and distribute the Data to provide the “Services”) solely as permitted by the third-party licenses applicable to such Data. You understand that The Firm may remove Data, including without limitation derivatives of and/or results from using the Data from the Service at any time if required by law or otherwise in its sole discretion. Your searches or saved Data may be negatively impacted by such removal.
For the purpose of this document "Terms and Conditions" the following definition apply. A "Third Party" means the natural person or undertaking that is not related to the Firm-User relation.
The Firm may offer its users analytical services of third parties. Such services will be declared as third party offers. Solely, the Terms and Conditions and privacy policies of these third parties apply to the use of their respective services.
The user or visitor acknowledge and agree that each Data is licensed under separate terms and that the license terms applicable to any Data may not be the same as or compatible with the terms applicable to any other Data. The user or visitor hereby agree to comply with any and all license terms applicable to any Data used by them.
The Firm does not verify, make any representations or take responsibility for such third-party data, including, without limitation, the truthfulness, accuracy, quality or completeness of the content thereof, the accuracy of the designated license terms, the suitability of the data for your use or the compatibility of the data with any other data, even if linkages are suggested by The Firm.
The user or visitor agree that The Firm will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any third-party sites and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content, data or business practices of any third-party.
Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply The Firm’s endorsement or recommendation.
The user is obliged to maintain the confidentiality of his login, password and account details, and shall not disclose this information to third parties. The user is fully responsible for all activities that occur under his password or account. If the user becomes aware or believes that this personal information has been disclosed to an unauthorized third party, then he is obliged to immediately change this data.
The user or visitor is responsible and is authorized under the respective legislation and internal firm guidelines may provide The Firm with the login details of the user’s firm servers and systems that The Firm requires, in order to offer the service in a complete way. Same should apply if the user assigns The Firm to copy the data stored in the systems of the user, for analytical purposes.
The user shall give The Firm only after legitimate evaluations of data that he has lawfully collected, or otherwise obtained lawfully by the user, or by the user's firm. It is the user’s sole responsibility to ensure the compliance with the applicable data privacy laws. The information will be not modified unless that will be used for other services.
The Firm grants the user, and the agreed number of additional users, for the duration of the contract, a non-exclusive and limited right of use, of the purchased services to the agreed extent via The Firm’s website.
The parties agree to grant each other the use of their logo and firm name as a reference on the other party’s website, or within firm presentations. Each party might decline the use of their logo and firm name at any time for a specific case, or generally with effect for the future. An objection requires the written form.
Subject to Your compliance with the Terms and Conditions of this Agreement, Firm hereby grants You, solely during the term of this Agreement, a non-exclusive, non-transferable, revocable license, without rights to sublicense, to incorporate libraries and APIs that are included in The Firm Software into Your Applications, to reproduce and distribute such libraries and APIs together with Your Applications and to access, use, perform and display The Firm Software via the Internet, solely for use with Your Applications.
If you believe that your work is the subject of copyright infringement and/or trademark infringement, please provide notice containing the following information: i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii) identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at the Site are covered by a single notification, a representative list of such works; iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit The Firm to locate such material; iv) information reasonably sufficient to permit The Firm to contact you as the complaining party, such as an address, telephone number, and if available, an email address at which you may be contacted; and v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In case a third party can prove credibly that they have been violated in their rights, while The Firm is providing its services on behalf of the user (e.g. due to access to a database, database mirroring or analysis of this database), The Firm is authorized to terminate its services on its own behalf to avoid any liability until the legal situation is satisfactorily clarified.
The Firm reserves the right to close the account of any user and terminate the contract, in case the user repeatedly breaches or seriously violates this terms of service.
The claim for fees of The Firm persists in the case of a justified account cancellation, according to the provisions set out above.
The duration of the services is determined by the offer chosen. Normally the duration is two years, one year, or six months.
The booked services shall extend automatically by the original requested duration, unless otherwise agreed, or terminated by one of the parties in due time. In case the first contract term is more than a year, the renewal period will be one year. A modification of the first term requires the written form.
The notice period for the termination of services is eight weeks prior to the end of the contract for a term of six months, twelve weeks for a term of one year and sixteen weeks for a term of two years.
Termination must be in writing; transmission via email must be sent to email@example.com Alternatively, The Firm may entitle its users to terminate their contract via their user account.
The Firm has an exceptional right of termination if the user contradicts to a technical required change of service, according to this Terms and Conditions.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
If the unavailability of services, or of a single service is based on intent or gross negligence on parts of The Firm, or of one of The Firm’s agents; The Firm cannot refer to the compliance to availability commitments according to this Terms and Conditions.
In no event shall The Firm, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The Firm shall be liable without limitation to pay compensation for violation of contractual and non-contractual obligations, only in case of intent or gross negligence.
The Firm shall only be held liable for cases involving the intent and gross negligence of non-executive agents, if such agents have violated essential contractual obligations.
The Firm shall not be liable for breaches of nonessential contractual obligations through simple negligence by its management bodies, executive officers, employees, or other agents.
Essential obligations are obligations, that are essential for the due, and proper implementation and fulfillment of the contract, and with those contract partners can reasonably and regularly rely on.
In case of infringements of important contractual obligations, the liability shall be limited to the foreseeable loss for such type of contract.
The above limitations of liability do not apply to The Firm’s liability with regards to; intent or gross negligence, guaranteed quality features, injury to life, body or health, or product liability laws.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement
You shall indemnify and hold harmless The Firm and its officers, directors, employees and agents (The “Firm Indemnified Parties") from and against liabilities, costs, losses, damages, judgments, expenses (including attorneys' fees and costs of experts and costs of appeals) arising out of or in connection with any and all of the following: (a) any allegation that any of the Applications, Brand Features and Marks or Content infringe, misappropriate or violate any intellectual property right, (b) any violation of this Agreement, including, without limitation, any breach of any representations or warranties contained herein, (c) your provision or distribution of the Application or any Content, (d) your use of any of The Firm Software or receipt of the Services, (e) any activity relating to your account, (f) any violation of a third party app store's contracts, policies or procedures; or (e) any failure of You to have all necessary rights and licenses
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law
The Firm collects/processes/uses data on behalf of The Firm pursuant to section 11 German Data Protection Act. The following data shall only be collected/processed/used or accessible to Contractor for fulfilling the purposes of this agreement: most possible specific description of data.
The data shall be subject to strict earmarking and may not be collected by The Firm for purposes unrelated to the agreement. No copies or duplicates of the data shall be made without respective direction or knowledge of The Firm. Data collected for different purposes shall be strictly saved and processed separately.
The Firm creates anonymized user statistics for user-oriented design of services, error detection, and marketing purposes. The user statistics do not contain any personal data of the user, or related data from the user’s databases. The user has the right to object the anonymized analysis of his user behavior in written form, with effect for the future. Such objection shall be sent to firstname.lastname@example.org
13.3. In case the user instructed The Firm to analyze the personal data of the user, or if the access to user data or the user’s customer data cannot be excluded when using The Firm’s services; The Firm is offering a data processing agreement according to §11 of the German Federal Data Protection Act. The user can request this agreement by sending an email to email@example.com.
The Firm is obliged to automatically delete any personal data of the user at latest 30 days after expiration of the contract unless there are legal storage periods in individual cases.
The Firm’s employees are not authorized to make any verbal agreements with the user, which are not conform to these Terms of Service Agreement.
If any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective regulation, an effective regulation whose economic purpose is as close as possible to the parties, shall apply.
The laws of the Federal Republic of Germany without regard to its conflict of law provisions, apply to this Terms of Service Agreement, not excluding the UN convention on contracts for the international sale of goods (CISG). The place of execution is Berlin.
To the extent that the user is a merchant, a legal entity under public law or a public special asset; Berlin is the place of jurisdiction for all disputes arising from contractual relationships between the user and The Firm.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
In addition to other prohibitions as set forth in the Terms of Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The Parties shall use their best efforts to settle amicably any dispute, controversy, or claim. Where the Parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in Berlin. Any such dispute, controversy or claim which is not settled amicably within sixty days after receipt by one of the Parties request for such amicable settlement, shall be referred by either Party to arbitration. The Parties shall be bound by an arbitration award rendered as a result of such arbitration as the final adjudication of such dispute. The costs of the procedure shall be shared equally by the Parties. The arbitration tribunal shall have no authority to award punitive damages. The arbitration tribunal shall have no authority to award interest in excess of four percent and such interest shall be simple interest only.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org