1.3 The provider reserves the right to agree upon supplementary conditions for individual services. The provider will point this out in good time before the respective use.
2. Contractual object and Subject matter
2.1 The object of the contract is the fee-based provision of a cloud-based platform by the provider. Registered customers can access the services and functionalities on the platform via a remote internet data connection. The granting of corresponding rights of use as well as the provision of storage space for data generated or necessary for the use of the platform (hereinafter referred to as aiconix.cloud) takes place against payment of an agreed fee. With the deployment of aiconix.cloud, the customer receives the technical possibility and authorization by means of a main user account to access aiconix.cloud via the Internet and - depending on the customer's choice - paid functionalities and services for content recognition and evaluation of file- and streaming-based media content: videos, audio data, photos and texts can be used. The service includes, among other things, the possibility to upload content to be analysed via an API interface, specially programmed by the provider, as well as those connected third-party services (e.g. Amazon, Google, IBM, etc.). Content can be analysed by using different search parameters (hereinafter referred to as COX). The use includes the possibility to upload content to be analysed via an API interface specially programmed by the provider as well as via interfaces of connected services of third parties (e.g. Amazon, Google, IBM, etc.) and to analyse it using different search parameters (hereinafter referred to as COX) as well as to combine analysis results of different APIs and to generate a "best result" (hereinafter referred to as "best result").
Main customer user accounts are not transferable.
Services within the main user account can be made accessible to own employees (hereinafter referred to as "users") only after a digital invitation has been sent, via own sub-user accounts. The use of a sub-user account requires the registration of the invited user. Authorizations can be deactivated at any time in the login area.
2.2. aiconix.cloud is generally used via an Internet connection.
2.3. The provider's area of responsibility for aiconix.cloud begins at the handover point. The transfer point to aiconix.cloud is the interface between the Internet and the aiconix.cloud environment, which is hosted on the provider's servers or the provider's web host servers.
3. Registration / Conclusion of contract / fee-based services
3.1. The use of the platform aiconix.cloud as well as the offered services is only possible within the scope of a contract of use. The description of the services under https://api.aiconix.cloud represents a legally binding offer.
Furthermore, the customer has the possibility to check his personal data and to correct it by changing the corresponding fields. Depending on the service offered, the provider charges a performance-related fee. The amount of the fees depends on the service called up in the individual case and the parameters selected by the customer (e.g. selection of the media type, the provider, etc.) and can be viewed at https://config.aiconix.cloud/pricingtable. If the parties do not make any deviating individual agreements (e.g. minimum volume packages), the remuneration per individual query (socalled pay per call) is based on the current price list of the provider. The customer creates an individual query by clicking the button [Add new API-key], selecting the content and other parameters (media type, provider, etc.). By clicking the button [ANALYZE] the customer or the user orders the chargeable individual query; the agreed remuneration for the selected service is due immediately.
New customers are granted a starting credit of 10 EURO by the provider upon registration. The starting credit will be credited against the cost of individual queries. Once the starting credit is used up, the provider informs the customer immediately. Used data volumes can also be viewed in the login area.
Both the German and the English language are available for the conclusion of the contract. The German version of the contract is always binding.
4. Rights and Obligations of the Provider
4.1. The Provider shall provide the Customer with an IT infrastructure for the use of services against payment. The content and scope of which shall be as set out in the functional description together with the price list at https://config.aiconix.cloud/pricing-table. With access to the login area, aiconix.cloud becomes operational.
4.2. The provider shall maintain and service the necessary technical server landscapes for the provision of the offered services. In this respect, the provider is entitled to use third-party companies as subcontractors.
4.3. The provider does not have an obligation to secure the content, data and results used by the customer within the framework of the services offered. Contents made available by the customer or user are deleted at the latest 10 days after download. This does not apply to data extracted by the services of the provider.
4.4. The provider is entitled to change and optimize aiconix.cloud with the offered services to an extent that does not significantly impair or endanger the purpose of this contract. Regarding services offered free of charge, the provider is entitled to discontinue such services at any time without prior notice.
4.5. The provider is entitled to replace or restrict services if necessary and reasonable, taking into account the interests of the customer.
This shall be the case where
- the licence right of third parties, on which the service is based, has been dropped/limited and this was not foreseeable by the provider when the contract was concluded, or
- technical or legal reasons make this mandatory.
If a replacement or restriction significantly limits the customer's use of aiconix.cloud and therefore no longer has any interest in the corresponding service, he can terminate the contract with the provider without notice; the termination must be declared within six weeks of the occurrence of the change.
5. Rights and Obligations of the Customer
5.1. The customer affirms that the information provided by him is correct and complete. He will inform the provider immediately about changes of the data necessary for the execution of the contract. He will only use aiconix.cloud to the contractually agreed extent and will fulfil all obligations necessary for the performance of this contract in a timely, complete and professional manner.
5.2. The customer shall protect the use and access authorizations assigned to him or the authorized users, and safeguard identification and authentication information against access by third parties and shall not pass them on to unauthorized persons and users. As soon as the customer obtains indications that the access authorization has been unlawfully obtained by a third party, he is obliged to inform the provider immediately.
5.3. The Customer shall refrain from unauthorised access to information or data by himself or by unauthorised third parties or from interfering or allowing such access to programs operated by the Provider or from unauthorised access to the Provider's data networks.
5.4. The customer 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 conditions as well as the telecommunication services of the transmission services from the server to the devices used by the customer and user are not subject to this contract and are the sole responsibility of the customer.
5.5. The customer is responsible for creating backup copies of all data generated or used in the context of aiconix.cloud in order to ensure cost-effective recovery in the event of loss. The storage of this data by the supplier does not take place.
5.6. When using aiconix.cloud, the customer shall observe all applicable laws and other legal provisions. The customer guarantees that aixonix.cloud will not be misused. As far as contents are transmitted or made available, the customer is responsible to ensure that these are free of third-party rights, copyrights, name and trademark rights, which restrict or exclude the use / treatment according to the extent agreed upon here. The transmission of infringing, right-wing radical, pornographic, racist, immoral content is prohibited, as is the transmission of content that violates the decency of all just thinkers or interferes with the personal rights or freedoms of third parties.
The customer shall observe data protection regulations (including the GDPR) regarding natural persons and only process personal data if and to the extent permitted by an appropriate legal basis. If the customer invites coworkers to use the services, he shall ensure that they agree to the sending of electronic invitation links. If the customer culpably violates the above, the customer shall indemnify the provider from all costs and damages in the event of such claims being asserted by third parties upon first request. In the event of a legal dispute, he shall bear all costs in this regard. The Customer shall indemnify the Provider from all costs and damages in the event of the assertion of such claims by third parties on first demand. In the event of a legal dispute, he shall bear all costs relating thereto.
6. Granting of Rights
6.1. The customer and the users (employees) authorized by him shall be granted the non-exclusive, revocable right to access aiconix.cloud via telecommunication and to use the functionalities associated with aiconix.cloud in accordance with this contract, subject to remuneration and limited in time as per the term of this contract. The customer shall not receive any rights beyond this, particularly rights to software applications source codes or the operating software.
6.2. The customer is not entitled to use aiconix.cloud beyond the use permitted by this contract. In particular, the customer is not permitted to reproduce, sell or temporarily transfer, rent or lend aiconix.cloud or parts thereof, unless otherwise agreed between the parties.
6.3. The number of authorized users depends on the service packages booked.
6.4. In the event of a culpable and unauthorised use or transfer of use, the customer shall pay the provider a contractual penalty due immediately, the amount of which shall be determined by the provider at its reasonable discretion and may be reviewed by the competent court at the customer's request. The provider reserves the right to assert claims for damages. In this case, the contractual penalty shall be set off against the claim for damages.
7.2. The provider is entitled to carry out maintenance and servicing work and to discontinue or restrict the provision of the application for this reason (socalled downtime). However, the downtime may not exceed 3 hours per month and takes place outside normal business hours. If this is not possible, the provider will inform the customer at the latest three days before the planned downtime.
8. Prices / Terms of Payment
8.1. Unless otherwise agreed, prices shall be net in EURO plus statutory valueadded tax.
8.2. All fees are due immediately within the framework of so-called pay per call services with the start of the respective individual query by clicking on the [ANALYZE] button.
8.3. Invoices are sent electronically by e-mail at the end of each month and stored in the menu item "Account" - "Invoices". The customer agrees to this.
8.4. If the customer is in arrears with a not insignificant part of the payment and until complete payment, the provider is entitled to block access, temporarily or permanently, to aiconix.cloud following unsuccessful reminder and warning of service suspension by e-mail. The provider will inform the customer of the notified date for the provisional blocking as part of the warning. The temporary blocking of services does not affect the customer's obligation to pay.
9. Warranties / Liabilities
9.1. The provider's warranty does not extend to such damages and / or malfunctions caused by the customer's culpable violation of the provisions of this contract. Upon request, the Customer shall support the Provider to the best of its ability in identifying and eliminating errors.
9.2. If a defect occurs in the services provided by the provider, the provider will either remedy this within a reasonable period of time at his discretion or provide the same service again free of defects (overall subsequent performance).
9.3. The provider is liable for damages or reimbursement of wasted efforts without limitation.
- in case of intent or gross negligence,
- for injury to life, limb or health,
- in accordance with the provisions of the Product Liability Act and
- to the extent of a guarantee assumed by the provider
- in the event of malice on the part of the provider
9.4. In the event of a slightly negligent breach of an obligation, which is essential for achieving the purpose of the contract (cardinal obligation), the liability of the Provider shall be limited in amount to the damage which is foreseeable and typical according to the nature of the transaction in question.
9.5. Liability for loss of data shall be limited to the typical cost of recovery that would have been incurred if backup copies had been made regularly and in accordance with the risks involved, unless one of the prerequisites according to sections 9.3. and 9.4. applies.
9.6. The Provider shall not be liable for the functionality of the telecommunications connection (telephone / ISDN / DSL lines, etc.) to its server in the event of power failures or server failures that are beyond the Provider's control. Furthermore, the provider is not liable for damages caused by force majeure or comparable events. Comparable events can include strikes, official orders, the failure of telecommunications networks or gateways of other operators as well as disturbances in the area of other telecommunications or service providers.
9.8. Extended liability of the supplier does not exist.
9.9. The above limitation of liability also applies to the personal liability of employees, representatives and organs of the provider.
9.10. Claims for damages shall become statute-barred twelve months after the beginning of the statutory period of limitation, unless the prerequisites of clauses 9.3. and 9.4. apply.
10. Data protection/ Secrecy
10.1. Information on data collection by the provider is part of the user contract and can be found in the privacy statement at http://www.aiconix.de/impressum/ of the provider and the respective thirdparty provider. The provider has a data protection officer.
10.2. If the Customer collects, processes or uses personal data himself or through the Provider, he guarantees that he is entitled to do so in accordance with the applicable provisions, in particular the GDPR and the BDSG, and indemnifies the Provider against all claims of third parties in the event of an infringement.
10.3. The parties undertake to keep confidential information of the other party confidential. This obligation shall continue beyond the end of this Agreement. This obligation shall not apply to confidential information which (a) the recipient is already demonstrably aware of when the contract is concluded or becomes aware of from a third party thereafter; (b) is publicly known at the inception of the contract or is subsequently made public; (c) is required to be disclosed by law or by order of a court or authority. To the extent possible and permissible, the recipient subject to the disclosure obligation shall notify the other party in advance and give it the opportunity to take action against the disclosure.
11. Contract duration / Termination / Deletion of the account
11.1. Contracts are concluded for an indefinite period of time.
11.2. The customer may terminate contracts for chargeable services electronically via the customer account in the menu item "Account", alternatively in writing by post, without giving reasons, with a notice period of two weeks to the end of the month. In this case, the free contract of use remains in force to maintain the customer's profile. If the customer wishes to delete the profile completely, a corresponding function is available in the menu. However, the deletion of the profile is possible at the earliest after termination of the corresponding contract.
11.3. The provider is entitled to terminate contracts with a notice period of 4 weeks. The termination by the provider is not formally bound.
11.4. The right to terminate for good cause or to block profiles in the event of misuse remains unaffected. Important reasons include, but are not exhaustively listed:
(a) the culpable violation of essential contractual obligations if, despite warnings, remedy is not provided within a reasonable period of time; (b) technical or legal obstacles which were not foreseeable when the contract was concluded, and which make the continuation of the services impossible.
11.6. The right to terminate the contract in accordance with § 543 Para. 2 No. 1 BGB due to non-granting of the contractual use is only permissible if the provider has been given enough opportunity to remedy the defect and this has failed.
11.7. Insofar as the provider is not legally obliged to store the data or the parties have agreed to a deviating regulation, the provider deletes the content entered by the customer immediately after the processing purpose ceases to apply.
12. Right to amend
13. Final provisions
13.1. German law shall apply to the entire contractual relationship between the provider and the customer, under the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to other individual agreements.
13.2. Location of fulfilment for all claims against the provider is the domicile of the provider.
13.4. Hamburg shall be deemed the agreed place of jurisdiction if the contractual partners are merchants, legal entities under public law or special funds under public law. However, the provider is also entitled to sue the customer at his general place of jurisdiction. This does not apply if mandatory statutory provisions within the meaning of Articles 24, 25 or 26 of the EuGVVO in the version of 12 December 2012 conflict with them.
13.5. Should a provision be invalid in whole or in part or lose its legal validity later, this shall not affect the validity of the remaining provisions. If the contract contains a loophole, the same applies.
Last update: 29.08.2019
Only the German version of this text is legally binding