General Terms and Conditions (GTC) for the use of the platform
EFFECTIVE DATE: July 1, 2021
ConWISE GmbH (“ConWISE”, “we”, “us”) offers a platform for digital consulting services (hereinafter also referred to as “application” or “platform”). This also includes the websites ConWISE.de and ConWISE.ai.
Address: ConWISE GmbH, Sendlinger Str. 24, 80331 Munich.
ConWISE differentiates between three different types of users:
- Users of the websites are referred to as “website visitors”.
- Users using a free version or free license of the ConWISE platform are “trial users”. Trial users can access and use the application, however their access to platform features and functions is more limited than users using a paid subscription.
- We refer to users who use the application as part of a paid ConWISE subscription as “users”. The services, properties and functions available to the users depend on the type of subscription and the specific conditions, according to an agreement between ConWISE and the organization (e.g. your employer or another legal or natural person, called “customer”) separately concluded agreement to regulate the provision, access to and use of the application (the “Customer Agreement”).
We may change these terms and conditions if the occasion arises. Therefore, please check this page regularly for updates. We will notify you of changes to these Terms in accordance with applicable legal obligations. Your continued use of the Application and Websites following any such update will constitute acceptance of those changes.
1. AUTHORIZATION AND SCOPE
You must be at least 18 years of age and capable of accepting these Terms to use the Application and the Websites. If ConWISE has prohibited you from accessing the application in the past, you are not permitted to access or use the application and the websites.
1.2 Territorial Scope
These conditions apply to all users and are not limited to a geographical area of application.
1.3 Functional Scope
These General Terms and Conditions apply to the general use of the ConWISE platform. If individual consulting services are used after contacting a consultant, the General Terms and Conditions for consulting services apply.
2. REGISTRATION AND USE
2.1 Registration and Confidentiality
To get access to the application, you need to register for a ConWISE account by creating a username and password. You agree to provide accurate, complete, and current registration information about yourself. You are responsible for ensuring that your password remains confidential and secure. By registering, you confirm that you are fully responsible for all activities that occur using your username and password. We may assume that any communications we receive about your account are yours. If you are an invoice processor or administrator, or if you have confirmed in writing that you have authority to make decisions on behalf of a customer (“Customer Administrator”), you represent that you have authority to make decisions on behalf of the customer and confirm that ConWISE can rely on your instructions.
2.2 Unauthorized Account Use
You are responsible for notifying us at info@ConWISE.de if you become aware of any unauthorized use or access to your account. You understand and agree that we may request information from you that may be used to verify your identity and to help maintain the security of your account. ConWISE will not be liable for any loss, damage, liability, expense, or attorneys’ fees that you may incur as a result of another person using your password or account, with or without your knowledge and/or permission, whether or not you tell us through the informed unauthorized use or not. You will be liable for any loss, damage, liability, expense, and attorney’s fees incurred by ConWISE or any third party as a result of another person using your account. In the event that the customer administrator or customer loses access to an account or otherwise requests information about an account, ConWISE reserves the right to request any confirmation from the customer administrator or customer that ConWISE deems necessary before, in its sole discretion ConWISE restores access to the relevant account or provides information about this account.
3. OUR PROPERTY RIGHTS
The Platform is owned and operated by ConWISE and contains materials (including all software, designs, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and service marks) that are derived in whole or in part from ConWISE and its partners, as well as materials provided from other sources, and are protected by EU copyright and other intellectual property rights. You agree to comply with all applicable copyright and other legal regulations and any additional copyright notices or restrictions in the Application and on the websites. You agree to inform ConWISE immediately after becoming aware of an allegation that the application infringes copyrights, trademark rights or other contractual or statutory rights. Any unauthorized use of material contained on or through the Platform may violate copyright laws, trademark laws, privacy, publicity and communications rules and statutes.
4. USER CONTENT AND FEEDBACK
4.1 User Content and Submissions
The Platform enables you to apply consultation processes and management methods and to enter related information, text, files and other materials (collectively, the “User Content”) and to share such User Content with others.
4.1.1 Trial User Content
4.1.2 User Content
Content entered into the Application by Users (“User Content”) is owned and controlled by Customer as described in the introduction to these Terms and the Customer Agreement. ConWISE has a limited, nonexclusive, and nontransferable (except in connection with the sale or transfer of its business) right to access, use, copy, reproduce, process, adapt, publish, transmit, host and display User Content for the the following limited purposes: (1) operate, provide enhanced functions and services and to improve the Application; (2) prevent and resolve technical or security issues and resolve support requests; (3) conducting an investigation if we have a good-faith belief, or have received a complaint, that User Content violates the Customer Agreement or these Terms; (4) Comply with valid subpoenas, requests, or other lawful process consistent with the requirements of the Customer Agreement and our enforcement policies; and (5) to the extent otherwise set forth in our Customer Agreement or expressly authorized in writing by Customer.
The Platform may have certain features that allow you to submit comments, information and other materials (collectively, “Feedback”) to ConWISE and share that feedback with other users or the public. By submitting feedback via the application, ConWISE websites, or public forums (social media), you grant ConWISE the right to use, in particular publish, this feedback for any purpose, including in testimonials or other ConWISE marketing materials. We reserve the right, in our sole discretion, to remove feedback posted on public forums for any reason.
4.3 User Content and Feedback Statements
You acknowledge and agree that you have all necessary rights to submit User Content and Feedback without violating any third party rights. ConWISE has no direct control over user content or feedback and cannot be held responsible for it. You understand that you may be exposed to User Content or feedback from other users in your organization that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Also, please note that User Content and Feedback may include typographical errors, other unintentional errors or inaccuracies. You agree that you will hold ConWISE harmless from any and all claims arising from any User Content or Feedback you submit through the Platform.
5. LICENSE AND PERMITTED USES
5.1 Your License
5.2 Permitted Use
All users must comply with the following rules for acceptable use of the Application and the websites.
You are prohibited from using the following, which could lead to an interruption of the application:
- Access to, manipulation or use of non-public areas of the application and the websites, on the computer systems of ConWISE or on the technical support systems of ConWISE commissioned service providers;
- Scanning, querying, or testing the vulnerabilities of a system or network, or breaching or circumventing security or authentication measures.
- Access to or browsing of the application and websites by means other than the interfaces publicly announced and supported by ConWISE (e.g. “scraping”).
- Attempting to disrupt or overload our infrastructure by intentionally making inappropriate requests or straining our resources (e.g. by using “bots” or other automated systems to send requests to our servers in excess of what a human user can could send in the same period).
- Disrupt or disrupt access to any user, host or network, including but not limited to sending viruses, overloading, flooding, spamming, mail bombing the Application and the Websites, or scripting the creation of User Content in a manner consistent with the Application interferes with or imposes an unreasonable burden on the platform.
The following use of the platform that constitutes misuse of the application is prohibited:
- illegal or fraudulent activity;
- Impersonate, or misrepresent any affiliation with, any person or entity in any way that misleads, confuses or deceives others, or intends to do so;
- Activities that are defamatory, libelous, threatening, or constitute hate speech, harassment or stalking;
- Publish or post private or personal information of another person without their express permission and consent;
- sending unsolicited messages, solicitations or advertising, or spam;
- post or link to content designed to damage or disrupt another user’s browser or computer; or
- Promote or endorse any product or service other than your own without proper authorization;
You may not post any User Content on the Application or the Websites that:
- violate any applicable law, the intellectual property rights of others, the rights of publicity, or the right to privacy or publicity;
- is misleading, fraudulent, unlawful, obscene, pornographic, defamatory, libelous, threatening, hate speech, harassing or stalking;
- contain personal information of minors;
- contain sensitive personal information such as financial information, payment card numbers, social security numbers or health information, unless this is required as part of the conclusion of a customer contract with ConWISE;
- contain viruses, bots, worms or similar harmful materials; or
- Contains information that you are not permitted to provide by law, contractual or fiduciary duty.
ConWISE reserves the right to take any legal remedy ConWISE deems necessary, including immediately suspending or terminating your account or your access to the Application or the Websites, by providing appropriate notice and without ConWISE being liable. If you are a user, ConWISE reserves the right to notify the customer’s customer administrator(s) or other customer representative(s) of any violation of these Terms.
7. DISCLAIMER OF WARRANTIES
We make the Platform available for your internal use only. As such, we will not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity resulting from your use of or exit from the Platform.
The information presented on or through the platform is provided for general information purposes only. We do not endorse the accuracy, completeness or usefulness of this information. You rely on any such information solely at your own risk.
Liability regulations in connection with individual consulting services provided can be found in the General Terms and Conditions for consulting services.
We cannot guarantee that any files available for download on our platform or linked websites are free from viruses or other destructive code. You are responsible for establishing procedures and control points sufficient to meet your specific requirements for antivirus protection and data input and output accuracy. You are also responsible for applications to recover lost data.
9. EXTERNAL LINKS AND SERVICES
The Application may contain (1) information and content provided by third parties, (2) links to third party websites or resources, and (3) third party products and services for sale directly to you. ConWISE is not responsible for the availability of such external websites or resources. ConWISE is not responsible or liable for (i) any content, advertising, products or other materials available on or from such websites/applications, (ii) any errors or omissions on such websites/applications or (iii) their handling of information or other business practices. You further acknowledge and agree that ConWISE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked website or resource. Your interactions with such third parties are governed by their terms and conditions and privacy policies and/or other similar provisions.
ConWISE reserves the right to change or discontinue the application (or parts thereof) at any time, with or without prior notice, temporarily or permanently. You confirm that ConWISE shall not be liable to you or any third party for any modification, suspension or interruption of the Application and the Websites.
11 GOVERNING LAW
Please note that these terms, their subject matter and their formation are subject to German law.
In the event of complaints or disputes regarding the application, you can contact us at info@ConWISE.de . If no agreement or arbitration is possible, any controversy, dispute, claim, cause of action, claim or cause of action between you and ConWISE shall be subject to the exclusive jurisdiction of the courts located in Munich / Germany.
12. GENERAL CONDITIONS
12.1. No waiver
If we do not insist that you perform any of your obligations under these Terms, or if we fail to enforce our rights against you or delay in doing so, that does not mean that we have waived those rights and that you do not have to perform your obligations. If we refrain from pursuing any default or breach by you, we will only do so in writing; this does not mean that we will automatically refrain from pursuing any future defaults or breaches by you.
The individual provisions of these Terms are severable. If any court or relevant authority decides that any provision is illegal or unenforceable, the remaining provisions will continue to apply in full.
The titles of the sections of these Terms are for convenience only and have no legal or contractual effect.
We may send you notices via email, within the Application or by any other method we choose. Notices are effective upon posting. Your messages to us become effective upon receipt and must be sent either by post to ConWISE GmbH, Sendlinger Str. 24, 80331 Munich / Germany
or sent by email to info@ConWISE.de
If you have any questions about these conditions, please send us an email to info@ConWISE.de .
Notice for the English language version: Any translations from German to English are for convenience only. In case of ambiguity or inconsistency with translations, the German version is authoritative and shall prevail.