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GENERAL TERMS AND CONDITIONS OF BUSINESS

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All services provided by PREDICTA|ME GmbH, hereinafter referred to as PREDICTA|ME, are only carried out on the basis of the valid price list and the general terms and conditions. Existing general terms and conditions of the customer are not accepted by PREDICTA|ME and do not apply to the contractual relationship between PREDICTA|ME and the customer. This also applies if the customer's terms and conditions were not expressly contradicted after they were sent. The acceptance of the services performed by PREDICTA | ME by the customer shall be deemed to be acceptance of these GTC, while at the same time and hereby previously accepted waiver of the validity of his own GTC. Special agreements must be in writing. The version of the general terms and conditions valid at the time the contract was concluded always applies.

 

A |

PREDICTA|ME's prices are non-binding unless expressly stated otherwise in the offer. The prices listed in the respective offer by PREDICTA|ME always apply.

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B |

The services of PREDICTA | ME are provided exclusively to support the customer in a project that the customer carries out under his sole responsibility. PREDICTA | ME assumes no responsibility for a specific result in connection with the provision of the service. Contract partners of PREDICTA | ME are exclusively entrepreneurs within the meaning of § 14 BGB. No contracts are concluded with consumers.

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C |  

Conclusion of contract, duration of contract and termination

  1. The contract for the provision of the agreed service is concluded when the customer signs. PREDICTA | ME is not obliged to comply with a request from a potential customer to make an offer. The contract begins on the date of signing. The contract duration, period of notice and any automatic extension are determined individually depending on the scope of services. The duration of the contract is based on the agreed term, which is linked to the PREDICTA | ME package booked. All booked services can be canceled free of charge up to 7 days before the start of the service period. If canceled up to 24 hours before the start of the service period, a cancellation fee of 50% of the price linked to this service package will be charged. If canceled later, the full price will be charged.

  2. A contract is only concluded when PREDICTA|ME has confirmed the assignment in writing. If the service is provided by PREDICTA|ME without the customer having previously received an order confirmation, the contract comes into effect when the service begins to be performed.

  3. A termination by PREDICTA | ME can be made for important reasons, in particular

  • in the event of an application for the opening of insolvency proceedings or opening of insolvency proceedings over the customer's assets or refusal to open insolvency proceedings over the customer's assets due to lack of assets;

  • in the case of foreclosure measures against the customer's assets;

  • in the event of the customer's default in paying due compensation claims to PREDICTA|ME;

  • when the customer transmits data for applicant and/or employee analyzes that violate legal provisions and/or the rights of third parties;

  • in the event of a breach of the customer's duty to cooperate;

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D |  

General obligation of the customer to cooperate

  1. The customer must ensure that all necessary cooperation and information is provided. Data carriers provided by the customer must be flawless in terms of content and technology. If this is not the case, the customer shall compensate PREDICTA|ME for all damages arising from the use of these data carriers. If a customer does not fulfill a necessary obligation to cooperate, does not do so in good time or to the required extent, the resulting consequences shall be borne by the customer. If certain data, documents, deadlines that are important for the agreed service are not provided, withheld or not passed on, the customer bears sole responsibility. PREDICTA | ME is not liable for the culpable failure of the customer.

  2. Customer access to the PREDICTA | ME online portals is password-protected and only available to registered users. Users are all employees of the customer and all other employees who act in the name and on behalf of the customer and are authorized to do so. The customer shall ensure that the users registered in his name and on his behalf follow the rules agreed in these GTC.

  3. There is no legal entitlement to registration by PREDICTA|ME. PREDICTA | ME is entitled at any time to revoke the access authorization of certain users by blocking the access data without having to give reasons, in particular if the customer or the user has not paid his bill, made false statements during registration, violates these GTC or violated his contractual obligations or his duty of care when handling the access data.

  4. The customer is obliged in the event of registrationPREDICTA|ME online portalsprovide correct and complete contact details, in particular address, telephone number, e-mail address, postal address, company and contact person. With the registration, the customer guarantees that the information he/she transmits to PREDICTA|ME in the course of his/her registration or in the course of other interactions is correct and complete and that he/she does not provide false or insufficient information about his/her identity and/or those he/she represents third person power. Used by the customer during registrationPREDICTA|ME online portalsInaccurate contact information, in particular incorrect names, e-mail addresses, postal addresses or other incorrect information, he is fully liable for this and must indemnify PREDICTA | ME from any damage caused as a result. The user must inform PREDICTA|ME immediately of any changes to the name or e-mail address. The user must also ensure that he receives the e-mails that are sent to the e-mail address he has provided.

  5. The customer is obliged to register as part of hisPREDICTA|ME online portalscarefully store the access data (user name, password) received. The customer is not entitled to pass on or transfer these access data to third parties or to make them accessible in any other way. If the customer has intentionally or negligently caused the use of his access data by a third party, he must indemnify PREDICTA | ME from any damage caused by the unauthorized use of the access data. If the customer becomes aware that third parties are misusing the user data, he must notify PREDICTA | ME of this immediately. In this case, the user data will be immediately blocked by PREDICTA|ME.

  6. The customer can request the deletion of user data at any time. The deletion must be requested in writing or by telephone. In the event of deletion, PREDICTA | ME will delete all user data and all other stored personal data as soon as they are no longer required. Unaffected by this, PREDICTA|ME reserves the right to save analysis results in an anonymous form for research purposes and for quality assurance.

  7. PREDICTA | ME is entitled not to carry out orders placed by the customer due to their content and/or their form and/or their technical design and/or to remove evaluations that have already been carried out. This applies in particular if the content of the order placed by the customer violates legal and/or official regulations and/or morality and/or is abusive and/or the publication of the evaluations transmitted by the customer for PREDICTA | ME for other reasons is unreasonable. The customer's obligation to pay remains unaffected. PREDICTA | ME is only obliged to remove such content transmitted by the customer within the framework of the statutory provisions and/or at the request of the customer. If claims are made against PREDICTA|ME due to inadmissible content and/or other legal violations for which the customer is responsible, the customer is obliged to indemnify PREDICTA|ME against corresponding claims; this also includes the costs of legal action.

  8. The customer assures that he will only transmit data that he is entitled to use in compliance with all data and privacy protection regulations.

 

E |  

right of use

  1. Industrial property rights and copyrights to all PREDICTA|ME online portals and all analyzes remain unrestricted with PREDICTA|ME. In particular, all identifiers, titles, copyrights, trademarks and other industrial property rights remain with PREDICTA|ME. No ownership and usage rights, licenses or other rights to the online portals, analyzes and processes created or used by PREDICTA|ME are transferred to the customer.

  2. The customer acknowledges that the methods, analysis methods, analysis procedures and processes of PREDICTA|ME are secret information of PREDICTA|ME ("Secret Information"), which enjoy protection under competition law (as company and business secrets) and copyright. The customer hereby undertakes to keep confidential information strictly confidential, not to reproduce it, not to disclose it or allow it to be disclosed to third parties and to use it exclusively in connection with the use of the portals and the analyses. The restriction on duplication and use also applies accordingly to information protected by copyright that is no longer secret.

  3. The customer is not permitted to print out test content or to pass it on to third parties in any other way or to reproduce it. He is also not permitted to change the processes in any way or to enter, save or send hyperlinks and content for which he is not authorized. Furthermore, the customer is prohibited from implementing the analyzes or having them implemented in environments other than the test platform.

  4. Compensation and Maturity

    1. The remuneration is determined in a contract. All services are provided at the prices and special conditions of the respective service contract. The prices stated therein are binding. Unless otherwise agreed in individual cases, the prices are "net" plus the statutory sales tax of currently 19%.

    2. Without exception, all invoices are payable without deduction within 14 days of receipt of the invoice by bank transfer or cash payment. When this period expires, there is a delay without the need for a separate reminder. After the payment date has been exceeded, PREDICTA|ME is entitled to interest on arrears at a rate of 9 percentage points pa above the base interest rate in accordance with Section 288 (2) of the German Civil Code without further reminders. We reserve the right to assert further damages caused by delay. PREDICTA | ME is entitled to stop all services during the delay until full payment. Furthermore, PREDICTA | ME reserves the right to assign the claim to a collection agency.

    3. PREDICTA|ME is entitled to offset payments against the customer's older debts. If costs and interest have already arisen due to delay, PREDICTA | ME is entitled to offset the payment first against the costs, then against the interest and finally against the main services.

    4. If the workload is significantly higher than the estimates in the offer due to the customer's improper obligation to cooperate, PREDICTA|ME is entitled to increase the remuneration appropriately.

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The customer is obliged to check the delivered service within three days of receipt. Complaints will only be accepted within this period. If there are defects in the services provided by PREDICTA|ME for which PREDICTA|ME is responsible, PREDICTA|ME is entitled to remedy these defects at its own expense.

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The customer and PREDICTA | ME as well as any third parties commissioned are obliged to treat all information confidentially; data protection secrecy within the meaning of the BDSG must be maintained.

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F |

Warranty and Limitation of Liability

  1. PREDICTA | ME is only liable for intentional or grossly negligent breaches of the contract. The burden of proof of fault lies with the customer. The liability of PREDICTA | ME for consequential damage, pure financial loss, lost profit, loss of interest and damage from third-party claims is excluded. PREDICTA | ME assumes no liability for late delivery, transmission or registration of data due to technical faults, regardless of who caused them.

  2. PREDICTA|ME has no control over how the information presented in the offer and contract is used by the customer. PREDICTA | ME is therefore not liable for lost benefits, contracts or other direct or indirect damage that could arise from this information. It is also expressly pointed out that no specific success or specific result is owed.

  3. The customer must ensure that the user only uses the portals and only carries out all analyzes in the manner provided for in these GTC, the contract and the corresponding instructions for the individual analyses. If a user does not carry out the analysis, does not carry it out completely or does not carry it out honestly for reasons for which PREDICTA|ME is not responsible, no reimbursement will be made by PREDICTA|ME.

  4. The customer is aware that there may be temporary interruptions in the availability of the test platform due to maintenance work, security reasons or other reasons. If the availability of the test platform is interrupted for reasons beyond PREDICTA|ME's control (e.g. power failure or interruptions in the public communication network), PREDICTA|ME assumes no liability.

  5. The customer's warranty rights are also excluded in the case of only minor deviations from the agreed quality or insignificant impairment of the usability of the service provided by PREDICTA|ME.

  6. PREDICTA|ME is initially entitled to supplementary performance after a justified complaint has been made. Only if subsequent performance fails is the customer entitled to a price reduction or withdrawal. If the service can be divided, the customer is only entitled to withdraw from the corresponding partial service.

  7. Unless otherwise stipulated above, the liability of PREDICTA | ME is excluded, in particular for

  • Damage caused by the loss and/or misuse of the customer's access data received as part of the registration process on the online portal;

  • Establishing contacts with suitable portal users based on the analyzes and/or other services;

  • Incorrect and/or incomplete and/or illegal content on pages linked to the online portal;

  • Obstacles to performance in the form of force majeure, war, natural disasters, traffic and operational disruptions, official measures and labor disputes.

 

G |

Liability for links to other websites

PREDICTA|ME assumes no liability for the content of third-party websites that are linked to the PREDICTA|ME website and over which PRREDICTA|ME has no influence. The respective operator is solely responsible for the content of these pages. If PREDICTA | ME pages are linked, they are checked beforehand and only linked if there are no indications of possible legal violations. However, there is no constant control of the corresponding pages and their content. If there are concrete indications of a violation of the law on linked sites or such PREDICTA|ME become known, the corresponding links will be removed immediately.

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PREDICTA|ME is not liable for lost, damaged or incomplete mail or e-mails. No liability is assumed for postal items and e-mails that are sent on time and do not arrive on time, regardless of who caused them. Consequential damage resulting from this will not be recognised.

 

  1. Secrecy, data protection

    1. The parties are obliged to treat all information and data that they receive from the other party as part of the contractual relationship confidentially and not to pass them on to third parties. Excluded from this is information that is or has become generally accessible or was already demonstrably known at the time the contract was concluded. Companies affiliated with a party within the meaning of §§ 15 AktG are not third parties in this sense, nor are persons and companies who have been commissioned by a party to fulfill the contract and who are (or have been) obligated to secrecy in the same way. This confidentiality obligation continues after the end of the contractual relationship.

    2. Data provided by the customer will be stored and processed in machine-readable form in accordance with the provisions of the Data Protection Act for the purpose of contract processing. A transfer to third parties does not take place.

 

H |

provisions

Extraordinary termination

PREDICTA | ME is entitled to terminate the contract for important reasons with immediate effect. Violation of the contract by the customer is considered an important reason.

 

Changes and additions

Changes and additions must be in writing.

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The place of jurisdiction is the seat of PREDICTA|ME. German law applies to these GTC. The provisions of the German Civil Code apply.

 

Invalidity, Invalid Provisions.

Should individual agreements of this contract be ineffective, the validity of the other contractual agreements and the purpose of the contract remain unaffected. Instead of the ineffective provision, the contracting parties undertake to agree on an effective provision that comes as close as possible to the meaning and purpose of the ineffective provision.

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The customer is not entitled to offset his own claims of any kind against claims by PREDICTA|ME or in connection with the contract. Despite any existing claims against PREDICTA|ME, regardless of the legal title, the customer is not entitled to withhold the fulfillment of his contractual obligations. The customer expressly agrees that personal data may be collected, stored, processed and used by PREDICTA|ME as part of the provision of services by PREDICTA|ME.

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