1. Provider details and platform description
One Data GmbH, Kapuzinerstraße 2c, 94032 Passau, email: firstname.lastname@example.org, tel. +49 851 225 906 0 (hereinafter: “One Data”) provides the platform at https://www.onedata.ai or https://www.onedata.de.
One Data offers companies and commercial or freelance professionals an online platform (hereinafter: “Network” or “Platform”) for the exchange of information about new products from One Data and for testing these in mutual exchange with the users of the platform (members of the Network, hereinafter: “Member”) via membership in the One Data Network. In particular, One Data provides members with information about new products. Members can view a demonstration of the software within the framework of a procedure described in more detail in the One Data Network. Part of the One Data Network is in particular communication with members, e.g. about new use cases, accompanying material, blueprints, white papers, product and version adaptations, new functionalities, findings from beta tests and development projects and the promotion of the product and service portfolio of One Data.
2. Registration on the platform / login to the network
Registration to the platform and associated membership in the Network are free of charge. By registering, the Member declares that the information provided by him/her during the registration process is correct and complete. If, in the course of time, the circumstances on which the information is based changes, the Member shall then update the information on the platform. Insofar as the registration is made on behalf of a company, the aforementioned provisions shall apply mutatis mutandis to the information provided by the company.
Members are responsible for the security of their password. They ensure that the password is and remains known only to them. Members are responsible for actions taken under their login name in connection with its password. If the Member is a company, the company is responsible for ensuring that the password is only accessible to persons authorized within the company. Responsibility for the actions performed under the login name in connection with the password is borne by the company.
The Members is responsible for ensuring that the data he/she posts on the platform is correct and free of any form of malware such as viruses, worms, trojans, etc. The Member who uploads content is liable for any damage caused by that content.
All content posted by the Member must not contain any harassment, insults, disparagement, unlawful threats, defamatory criticism or untrue statements of fact. Other violations of the rights of third parties are also prohibited, as is the posting of content that is criminal or otherwise unlawful, discriminatory, racist, violent or harmful to minors.
General terms and conditions pertaining to the Member do not apply in the relationship between One Data and the Member. This also applies should One Data provide a service without expressly contradicting such terms and conditions.
3. Intellectual property
One Data and the companies affiliated with One Data according to §§ 15 ff. AktG (“Affiliated Companies of One Data”) are and remain the respective owners and holders of all rights to their respective intellectual property. The term “intellectual property” includes all intellectual property rights listed below, regardless of whether they are protected under the laws of the Federal Republic of Germany or any other country, as well as all rights arising therefrom or associated therewith worldwide:
Name rights, trademark rights, domains, styles, patterns/designs, slogans and general intangibles of a similar nature (registered and unregistered) and applications for registration in respect of any of the foregoing (collectively, the “Marks”);
Patents and trademarks and applications therefor (collectively, the “Patents”);
Inventions (including employee inventions (service inventions)), insofar as they are patentable or protectable by trademark, or are protectable under the supplementary unfair competition law (“Protectable Inventions”);
Copyrights and rights similar to copyrights (whether registrable, registered or unregistered) (collectively, the “Copyrights”);
Know-how, discoveries, methods, processes, techniques, methodologies, formulas, algorithms, architectures, structures, layouts, models, user interfaces, technical data (such as manufacturing documentation), instructions, blueprints/templates, specifications, research and development information, technology, databases, computer programs and other software, source code, object code, flowcharts, manuals, product documentation, trade secrets, and other proprietary or confidential information, including pricing and marketing information, in each case, that has economic value (actual or potential) by virtue of not being generally known to others who may derive economic value from its disclosure, and all documentation and media embodying, describing or relating to the foregoing, other than marks, patents, protectable inventions or copyrights covering or protecting the matters set forth in the foregoing enumeration (collectively, “Know-how”); and
Publication rights and all other protected intellectual or industrial property rights of any kind or nature, whether tangible or intangible, which are not trademarks, patents, protectable inventions, copyrights or know-how or are protected by them.
All results, further developments and new developments developed by or for One Data or its affiliates during the term of the contractual relationship, and all intellectual property associated therewith or embodied therein or resulting therefrom (collectively the “Developments”) shall be the exclusive property of One Data. This also applies if such Developments are based on suggestions, feedback, requirements, ideas, contributions, comments, anonymized benchmark metrics, or other input from the Member (collectively, the “Feedback”).
As far as the intellectual property of developments has not already been transferred to One Data for other legal reasons, the member transfers to One Data in advance and free of charge all transferable rights to the Developments that contain Feedback from the Member and/or are based on it. As far as a complete transfer of rights is not possible due to legal regulations (e.g. in the case of moral rights), the Member hereby transfers, without separate remuneration, an exclusive, irrevocable, transferable and sub-licensable right of use, unlimited in time, space and content, to use and exploit the Developments that contain the Member’s Feedback and/or are based on it, in any form and type of use (whether known or unknown today). This also applies to all resulting further Developments. One Data hereby accepts the transfer.
The rights granted to One Data in accordance with Clause 3 include in particular the right for One Data and its Affiliated Companies to use the Developments and Feedback for the provision of economic consulting and optimization services and other work and services to other members and third parties, to make them available to other members or third parties, to modify and process them, to process and evaluate them, and to use them for the development of the software or otherwise in the business of One Data and its Affiliated Companies, as well as to have each of the aforementioned types of use provided by third parties. The permitted use also includes in particular all types of use listed in § 69c UrhG (German Copyright Act).
4. Limitation of liability
Data communication via the internet and the availability of the platform cannot be guaranteed to be error-free and/or available at all times due to the current state of technology. One Data endeavors to keep restrictions on the availability of the platform as low as possible, but is not liable for the constant and uninterrupted availability of the platform. If maintenance work on the platform becomes necessary, which requires a foreseeable restriction of availability during normal business hours, One Data will inform the members about this and about the expected duration as far as possible in advance.
One Data assumes no liability for the correct display and functioning of the platform should the Member use an internet browser that One Data does not support or that is not up to date. One Data is not liable for any damage caused to the Member’s equipment. One Data is not liable for the functionality of the software products. In all other respects One Data is liable for intent and gross negligence. Furthermore, One Data is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract, and on the fulfillment of which the member may regularly rely. In the latter case, however, One Data is only liable for foreseeable, contract-typical damage. One Data is not liable for the slightly negligent violation of other obligations than those mentioned in the preceding sentences.
Loss of profit of the Member will not be compensated. In the event of data loss, the member will only be reimbursed for the costs of recovery that would have been incurred to restore the data had it been properly and regularly backed up. The limitations of liability specified in this paragraph do not apply in the case of intentional damage or gross negligence.
The above exclusions of liability do not apply in the event of injury to life, limb and health or insofar as One Data has assumed a guarantee. Liability according to product-liability law or other mandatory statutory provisions remains unaffected.
In the event of liability due to intent, gross negligence, personal injury or as defined in the Product Liability Act or other mandatory statutory provisions, the statutory limitation periods shall apply. Otherwise, in the case of contractual and non-contractual liability, a limitation period of one year applies to all claims for damages or reimbursement of any expenses wasted by the Member. The limitation period shall commence in accordance with the statutory provisions. However, it begins at the latest with the expiry of five (5) years from accrual of the claim.
The aforementioned limitations of liability also apply, accordingly, in favor of One Data’s vicarious agents and legal representatives.
5. Termination of the contractual relationship/membership in the Network
The contractual relationship/membership in the network can be terminated by One Data as well as by the Member at any time.
To terminate the contract, the Member may send his/her notice of termination by email to the following address: email@example.com.
After termination of the contract, One Data will completely delete the Member’s user profile. Excluded from the deletion is data that must remain stored due to legal archiving obligations or for the purpose of legal prosecution.
The provisions in Clause 3 remain unaffected by the termination of the contractual relationship.
6. Data protection
7. Subject to change
One Data reserves the right to change any network and platform functions and content. Insofar as services are restricted as a result, the user has the right to terminate the user contract with One Data according to clause 5.
8. Final provisions
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is One Data’s registered office.
The law of the Federal Republic of Germany shall apply to the exclusion of international conflict of laws, in particular the UN Convention on Contracts for the International Sale of Goods.