End User Licence Agreement
End User Licence Agreement (EULA) aiconix.cloud
1. Scope of application
1.1 The following End User License Terms (hereinafter referred to as "EULA") apply between aiconix GmbH, Harburger Schloßstraße 6-12, 21079 Hamburg, (hereinafter referred to as "Provider") and the user (hereinafter referred to as "User") who uses the cloud-based solutions of the Provider "aiconix.cloud", such as the platform, apps, bots, (hereinafter referred to as "aiconix.cloud") via a sub-user account released by a main user/customer.
1.2 The following EULA shall apply exclusively in the version valid at the time of conclusion of the contract. Deviating terms and conditions of the User shall not be recognised unless the Provider expressly agrees to their validity in writing.
1.3 The provider's data protection declaration, which is available at the following link https://www.aiconix.ai/de/datenschutz, also applies.
2. Subject matter of the contract
2.1 Main users/customers can grant the user access to aiconix.cloud by sending a digital invitation. With the release by the main user/customer, the user receives the technical possibility to access aiconix.cloud via an own sub-user account and - depending on the selection of the main user/customer - to use provided functionalities and services for content recognition and evaluation of file- and streaming- based media content: Videos, audio data, photos and texts. The use includes, among other things, the possibility of uploading content to be analysed via an API interface specially programmed by the provider as well as via interfaces of connected third-party services (including Amazon, Google, Azure, etc.) and analysing it by means of various search parameters and, if analysis results from various third-party providers are available, merging them.
2.2 Sub-user accounts are not transferable.
2.3 The main user/customer can deactivate the authorisation again at any time in the login area. In this case, the sub-user account is blocked. The analysed contents and results will continue to be stored for the main user/client.
2.4. aiconix.cloud is generally used via an internet connection.
2.5 The Provider's responsibility for aiconix.cloud begins at the delivery point. The delivery point to aiconix.cloud is the interface between the Internet medium and the aiconix.cloud environment hosted on the Provider's servers or servers of the Provider's web hosts.
3. Rights and obligations of the user
3.1 The user shall use aiconix.cloud only to the extent contractually agreed and shall fulfil all obligations necessary for the performance of this EULA in a timely, complete and technically correct manner.
3.2 The user is obliged to keep the login data, passwords, etc. secret and not to pass on his access data to unauthorised third parties and to log off after each session. Declarations and actions made or committed after logging in with the user's password and e-mail address can be attributed to the user even if the user has no knowledge of them. In particular, imputation occurs if the user intentionally or negligently provides third parties (including family members) with access to the password or the account. The user must inform the provider immediately as soon as he becomes aware that unauthorised third parties have access to and are aware of the access data. In the event of a justified suspicion that access data has become known to unauthorised third parties, the Provider is entitled but not obliged, for security reasons, to independently change the access data without prior notice or to block the use of the account. The Provider shall inform the User of this without delay and shall provide new access data upon request within a reasonable period of time. The user has no right to demand that the original access data be restored.
3.3 The User shall refrain from unauthorised retrieval of information or data by himself or by unauthorised third parties or from interfering or allowing interference with programmes operated by the Provider or from unauthorised intrusion into data networks of the Provider.
3.4 The user must ensure that the necessary hardware and software for internet use as well as the necessary internet access are available. In particular, he shall ensure that common internet browsers are used and kept up to date. The provision of these prerequisites as well as the telecommunications services of the transmission services from the server to the devices used by the user are not the subject of this EULA, but are the sole responsibility of the user.
3.5 When using aiconix.cloud, the user will comply with all applicable laws and other legal provisions. The user guarantees that aixonix.cloud will not be misused. Insofar as content is transmitted or made available, the user guarantees that it is free of third-party rights, in particular copyrights, rights to a name and trademark rights, which restrict or preclude use / processing in accordance with the scope agreed here. The transmission of illegal, radical, pornographic, racist or immoral content is prohibited, as is the transmission of content that offends the sense of decency of all fair and just thinkers or interferes with the personal rights or freedoms of third parties. In particular, the user shall observe data protection regulations (including the GDPR) with regard to natural persons and shall only process personal data if and to the extent that a corresponding legal basis permits this. If the user culpably violates the above, he/she shall indemnify the provider against all costs and damages upon first request in the event that such claims are asserted by third parties. In the event of a legal dispute, the user shall bear all related costs. The provider is entitled to immediately delete content that violates this clause. The user has no claim to the restoration of deleted content.
4. Granting of rights
4.1 The user is granted the non-exclusive, revocable right, limited in time to the term of this EULA, to access aiconix.cloud via telecommunications and to use the functionalities associated with aiconix.cloud in accordance with this EULA. The user is not granted any further rights, in particular to software applications, source codes or the operating software.
4.2 The user is not entitled to use aiconix.cloud beyond the use permitted under this EULA. In particular, the user is not permitted to reproduce, sell or temporarily transfer, rent or lend aiconix.cloud or parts thereof, unless otherwise agreed between the parties.
5.1 Subject to the further provisions of this clause 5, the Provider shall only be liable if and to the extent that the Provider, its legal representatives, executives, employees or other vicarious agents are guilty of intent or gross negligence. However, in the event of the Provider's default or the impossibility of performance for which the Provider is responsible, as well as in the event of a breach of material contractual obligations (so-called cardinal obligations), the Provider shall be liable for any culpable conduct on its part or that of its legal representatives, officers, employees or other vicarious agents. Essential contractual obligations are defined in the abstract as obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the user may regularly warrant.
5.2 Except in the case of intent or gross negligence on the part of the Provider, its legal representatives, officers, employees or other vicarious agents, the Provider's liability shall be limited in amount to the damage typically foreseeable at the time of conclusion of the contract.
5.3 The exclusions and limitations of liability set out in Clauses 5.1 and 5.2 above shall not apply in the event of the assumption of express warranties, in the event of claims due to the absence of warranted characteristics and for damages arising from injury to life, limb or health and in the event of mandatory statutory provisions. Furthermore, the limitations of liability regulated in clause 5.2 do not apply in the event of a debtor's default to claims for interest on arrears, to the lump sum for default pursuant to Section 288 (5) of the German Civil Code (Bürgerliches Gesetzbuch - BGB) and to compensation for the damage caused by the default, which is justified in the costs of legal action.
5.4 Claims under the Product Liability Act shall remain unaffected by the provisions of this clause 5.
6. Data protection
If the user collects, processes or uses personal data himself or through the provider, he guarantees that he is authorised to do so in accordance with the applicable provisions, in particular the GDPR and the BDSG (German Federal Data Protection Act), and in the event of a breach indemnifies the provider against all claims by third parties.
7.1 The User is obliged to treat as strictly confidential all confidential information as well as business and trade secrets within the meaning of Clause 7.2 concerning the Provider which are communicated, disclosed or otherwise come to his knowledge during the term of the EULA or pre-contractually. Subject to the provisions of this Clause 7, he shall not be entitled to disclose or otherwise disclose such information to any third party without the Provider's prior consent.
7.2 The obligation of confidentiality shall apply
(a) for business secrets within the meaning of Section 2 No. 1 GeschGehG, i.e. information (i) which is not generally known or readily accessible, either in its entirety or in the precise arrangement and composition of its components, to persons in the circles which normally handle this type of information and which is therefore of commercial value and (ii) which is the subject of confidentiality measures by its rightful owner which are reasonable under the circumstances and (iii) for which there is a legitimate interest in maintaining confidentiality; as well as
(b) beyond the scope of protection and application of § 1 GeschGehG also for such secrets and other confidential information which are not the subject of appropriate secrecy measures or have no particular economic value or do not constitute a business secret for other reasons within the meaning of § 2 No.1 GeschGehG, e.g. business and/or financial plans, (marketing/sales/business/price) strategies, (marketing/sales/software/business) concepts, calculation bases, price lists, software algorithms, product and/or programme specifications, supplier and/or customer data, sales and marketing data and/or marketing plans, other information relating to (i) the business, (ii) the business, or (iii) the business. marketing plans, other information on (i) sources of supply, (ii) operating and other costs, (iii) the organisation, shareholding structure, management, employees, suppliers, cooperation partners and/or customers (iv) the financial, technical, legal, tax or (operational) economic circumstances of the supplier.
7.3 This applies irrespective of whether and in what form such information is embodied. The confidentiality obligation thus also applies in particular to prototypes, software and programme codes, offers, invoices, calculations, drafts, plans, drawings, manuals, memoranda and other documents containing trade and business secrets or other confidential information within the meaning of section 7.2.
7.4 Trade and business secrets or other confidential information within the meaning of section 7.2 may be disclosed,
(a) to the extent that the relevant information is generally known or readily available;
(b) to the extent that the relevant information has already lawfully become known to the recipient without any breach of the obligation of confidentiality or of other legal or contractual confidentiality provisions;
(c) to the extent that this is mandatory due to a court or official order or due to statutory disclosure obligations.
§5 GeschGehG remains unaffected.
7.5 Any further rights and claims with regard to the Provider's trade and business secrets or other confidential information, including those arising from the GeschGehG, shall remain unaffected by the provisions of this Clause 7. The obligations governed by this Clause 7 shall not be limited by the provisions of the GeschGehG or any other statutory provisions, subject to mandatory statutory provisions.
7.6 In the event of a breach of this clause 7, the Provider reserves the right to take further action against the User, including without limitation civil actions for damages and injunctions.
7.7 The violation of statutory and contractual secrecy obligations is subject to criminal sanctions pursuant to § 23 GeschGehG.
7.8 By way of clarification, the confidentiality obligation shall apply beyond the termination of the EULA.
8. Contract duration/ account blocking
8.1 The main user/customer can withdraw the authorisation for the sub-user account at any time. If the user wishes to terminate his sub-user account, he must contact the main user/customer.
8.2 The provider is entitled to block the sub-user account if the user violates any of the provisions of the EULA, other legal provisions, the applicable rules of courtesy, etiquette, objectivity or respectful interaction or otherwise behaves in an offensive and/or improper manner or uses such content when using aiconix.cloud.
9. Reservation of right of modification
9.1 The Provider reserves the right to unilaterally amend this EULA if this appears objectively justified. Changes are objectively justified, for example, in the event of a change in the legal or statutory situation (for example, if case law declares a clause to be invalid) or if the equivalence relationship existing at the time of conclusion of the EULA is disturbed to a not insignificant extent by unforeseeable changes which the Provider does not cause and over which it also has no influence. The prerequisite for a change is always that it is reasonable for the user.
9.2 The User shall be notified of any amendments to the EULA. They shall be deemed to have been approved if the User has not objected to the validity of the amended EULA within six weeks in writing or by e-mail to the Provider and the Provider has pointed out the legal consequences of failure to object.
10. Final provisions
10.1 The contractual text of the EULA will not be saved. The EULA can be viewed and saved at any time at https://www.aiconix.ai/de/eula.
10.2 The entire contractual relationship between the Provider and the User shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods, subject to any other individual agreements.
10.3 The place of performance for all claims against the Provider is the registered office of the Provider.
10.4 The place of jurisdiction shall be Hamburg, Germany, if the parties are merchants, legal entities under public law or special funds under public law. However, the provider is also entitled to sue the user at his general place of jurisdiction. This shall not apply if mandatory statutory provisions within the meaning of Articles 24, 25 or 26 of the EuGVVO in the version of 12 Dec. 2012 conflict with this.
10.5 Should a provision be wholly or partially invalid or later lose its legal validity, this shall not affect the validity of the remaining provisions. If the EULA contains a loophole, the same shall apply.
10.6 Only the German version of this contract is legally binding version between the contracting parties.