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General Terms and conditions for the use of 7Q1
TMG Consultants GmbH, registered in the Commercial Register B of the Stuttgart District Court under HRB 14137, Hauffstraße 5, 70190 Stuttgart, Germany (hereinafter "TMG") offers an AI-based supplier search.
These General Terms and Conditions shall apply between TMG and each registered user (hereinafter "User") of the Internet platform 7Q1, http://www.7Q1.de (hereinafter "7Q1"), unless the parties agree on deviating provisions in the individual contract.
Deviating agreements between TMG and the User as well as mandatory statutory provisions shall take precedence.
These General Terms and Conditions shall apply exclusively. Any deviating general terms and conditions of the User shall not apply in their entirety.
TMG provides its services exclusively to entrepreneurs in the sense of § 14 BGB (German Civil Code).
§2 Subject matter of the contract
TMG has developed an application that enables users to find suitable suppliers worldwide within a short period of time. This application runs on the Internet platform 7Q1 (hereinafter referred to as "Platform").
No software needs to be installed to use the application. The User uses the infrastructure provided by TMG as an Internet application.
§3 Registration and use of 7Q1
In order to use 7Q1, registration with TMG is required.
The user is obliged to register under his own data and to provide all information correctly and completely.
For successful registration, the user must accept these General Terms and Conditions. Confirmation is made by activating the access via an activation link, which is sent to the user by e-mail message.
Upon successful registration, the User makes an offer to TMG to enter into a contract of use, which includes the inclusion of these General Terms and Conditions.
TMG is not obliged to accept this offer. If TMG does not accept this offer, the access data selected by the user (user name, password) shall be blocked.
The registration is personal. A separate access is therefore required for each user. In particular, it is not permitted to use 7Q1 by persons other than the registered person(s).
With the purchase of one or more credits, an individual contract is concluded between TMG and the user in accordance with these general terms and conditions. One Credit entitles the User to perform one dedicated search on the Platform.
§4 Technical requirements for the use of 7Q1
The platform is accessed (cloud-based) via telecommunications over the Internet using Secure Socket Layer (SSL) encryption.
TMG only provides the information technology functions of the Platform. The provision of the required Internet access is not part of TMG's service.
§5 Duties of the user to cooperateThe User shall have the following duties to cooperate, among others:
- He must protect the access data assigned to him (user names and passwords) from access by third parties and must not disclose them to third parties.
- He must inform TMG immediately in the event of suspected misuse.
As soon as TMG becomes aware of any unauthorized use, TMG will block the access of the affected user. TMG also reserves the right to change the access data of users for security reasons; in such a case, TMG will inform the user of this without delay.
§6 Accessibility and liability of 7Q1
TMG endeavors to enable the User to use the Platform 24 hours a day, 365 days a year. However, TMG does not guarantee the permanent availability of 7Q1.
TMG shall not be liable for disruptions caused by force majeure for which 7Q1 or its vicarious agents are not responsible, e.g. due to strikes, riots, natural disasters, official orders and technical disruptions for which 7Q1 is not responsible.
The User shall have no claim for damages due to restrictions or exclusion of the usability of the platform.
TMG shall not be liable for errors of the cloud server. TMG shall endeavor to correct rectifiable errors within a maximum of two business days after receipt of the error message by TMG.
TMG shall be liable without limitation for intent and gross negligence (including that of its legal representatives and vicarious agents) as well as for injury to life, limb and health.
In the event of any other culpable breach of material contractual obligations, TMG's remaining liability shall be limited to the foreseeable damage typical for the contract, the occurrence of which TMG had to expect at the time of the conclusion of the contract based on the circumstances known at that time, but not exceeding the order value.
In all other respects, liability - irrespective of the legal grounds (in particular claims arising from the breach of primary and secondary contractual obligations, tort and other tortious liability) - is excluded.
TMG shall only be liable for the loss of data in accordance with the above paragraphs if such loss could not have been avoided by reasonable data backup measures on the part of the users.
§7 Results of work
Results of a search depend on the individual configuration of the respective user. Therefore, the results of a search are essentially based on the input of the users. Completeness and scope cannot be guaranteed by TMG.
Upon full payment of the agreed remuneration, the user receives the simple, temporally and spatially unlimited right to use, reproduce, edit and combine the work results provided by TMG with other programs or materials for internal applications and purposes. For the duration of use until full payment has been made, TMG shall revocably transfer the simple rights of use subject to full payment.
§8 Remuneration and terms of payment
TMG shall receive the remuneration specified on the platform, for the services owed in accordance with these GTCs and an individual contract. All prices are subject to the statutory value added tax at the applicable rate.
Any fees are to be paid in advance. As a basic standard, the payment method by credit card is agreed.
Unless otherwise agreed, invoices are due within 14 days after receipt of invoice and without deduction.
§9 Termination and cancellation of services
Unless otherwise provided, the respective individual contract becomes effective on the day and with the purchase of the credit and runs for a period of one year. In the case of the three-month subscription model, the individual contract is automatically extended by three months at a time if it is not terminated with four weeks' notice to the end of the month of the respective term.
In the event of termination, any fees for the license not already paid in advance shall immediately become due and payable in full until the end of the term.
The right to extraordinary termination for good cause remains unaffected. Good cause shall include default in payment of an amount equal to two installments if regular payment of installments has been agreed.
§10 Data protection and data security
The infrastructure provided by TMG is secured according to the state of the art. However, the user is aware of the general risk that transmitted data can be read during transmission. This applies not only to the exchange of information via e-mail that leaves the system, but also to all other transmissions of data. The confidentiality of the data transmitted in the context of the use of the platform can therefore not be guaranteed.
The user is solely responsible for securing the information he/she receives or becomes aware of in the course of using the platform. He shall regularly back up this information/documents on his own data carrier/server. This applies in particular if Authorized Users also use the platform on their own end devices on behalf of the User.
The data protection information applicable to the use of the platform can be found in TMG's data protection declaration, available at http://7q1.de/en/pricay-policy/.
The User is obliged to observe the applicable data protection law with regard to personal data of third parties, such as other users, which he may receive through the use of the platform. He will only use this data for contractual or pre-contractual communication. The User shall instruct all of its officers, employees, authorized representatives, Authorized Users and vicarious agents accordingly.
If the User allows Authorized Users to use the Platform on the Authorized Users' own end devices, the User alone shall be the controller for the processing of any personal data of these persons within the meaning of Art. 24 DS-GVO. The order processing contract pursuant to § 2 remains unaffected.
TMG may monitor and, if necessary, enforce the contractual use of the platform by means of appropriate technical measures in compliance with data protection law, for example by restricting access or blocking access.
For the purposes of this agreement, confidential information means all information (whether written, electronic, oral, digitally embodied or in any other form) that the User posts to the platform.
- to keep the Confidential Information strictly confidential and to use it only in connection with the Purpose. The purpose in the narrower sense includes the performance of searches, analysis to improve and optimize the Platform, and the collection of industry trends based on anonymized and aggregated usage data.
- to disclose the confidential information only to those agents who rely on knowledge of such information for the purpose, provided that the recipient ensures that its Agents comply with this agreement as if they were themselves bound by this agreement;
- to also secure the confidential information against unauthorized access by third parties by taking appropriate confidentiality measures and to comply with the legal and contractual provisions on data protection when processing the Confidential Information. This also includes technical security measures adapted to the current state of the art (Art. 32 DS-GVO) and the obligation of employees to maintain confidentiality and observe data protection (Art. 28 para. 3 lit. b DS-GVO);
Not confidential information is information
- which was known or generally accessible to the public prior to its communication or transfer by the holder or which becomes so at a later point in time without a breach of a confidentiality obligation;
- which was demonstrably known to the recipient prior to disclosure by the holder and without breach of a confidentiality obligation;
- which were obtained by the recipient without use of or reference to confidential information from the holder itself;
- or handed over or made accessible to the recipient by an authorized third party without a breach of a confidentiality obligation.
§12 General Terms and Conditions Changes
TMG reserves the right to change or amend these General Terms and Conditions for the use of 7Q1 in whole or in part with effect for the future. TMG shall inform the User of any changes in advance, giving reasonable notice of the specific content of the amended provisions.
§13 Final Provisions
All declarations within the scope of the contractual relationship must be made in text form, unless otherwise stipulated.
The user revocably agrees that TMG may use the name, logo and other user features free of charge for reference purposes, in particular on the homepage www.7Q1.de and in the context of public relations and marketing measures.
The parties shall only be entitled to offset, withhold and/or refuse performance if the respective claim is undisputed, acknowledged by the other party and/or has been legally established. The user is not entitled to assign claims.
§ 14 Choice of Law, Place of Jurisdiction
German law shall apply exclusively to the services, their performance and all disputes arising therefrom. Articles 3 up to and including Article 37 EGBGB shall not apply.
The exclusive place of jurisdiction for all disputes is Stuttgart.
Stuttgart, 01 March 2021