Last Modified on: 01.01.2025
These General Terms and Conditions apply to all legal relationships arising between Data Metrics UG haftungsbeschränkt (hereinafter ‘Provider’) and the user of the pages offered by it (hereinafter ‘User’) in the context of the use of the online service (hereinafter ‘Service’) and govern your access to and use of our website and mobile application (hereinafter ‘Service’), and the associated content, functions, software and applications on the platform (hereinafter ‘Service’). These Terms also include our Privacy Policy.
1.1 The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between the Provider and the User for the use of services and the Service offered on/by the Provider's Services.
1.2 The GTC shall apply from January 1, 2025, and replace all previous GTC issued by the Provider. The following terms of use, as amended at the time of the order, exclusively apply to the business relationships between the Provider and the User. Divergent conditions of the User are not acknowledged unless the Provider expressly agrees to their validity in writing.
1.3 In addition to these Terms of Use, the Privacy Policy of the Provider shall also apply, which the User can access at any time on the Provider's website, just as these Terms of Use.
1.4 The Provider is entitled to unilaterally change the content of the GTC at any time. Changed GTC will be sent to the User or brought to their attention online via system messages offered on the Services. They will take effect if the User does not object to the change in writing within four weeks after receiving the notification of change. In the event of an objection, the Provider may terminate the contract with the User for cause at the end of the current month. If the Provider does not terminate ...
1.5 The term "User" refers to natural or legal persons who enter into a contract with the Provider for the use of Services. A User is a consumer to the extent that the purpose of the ordered services cannot predominantly be attributed to their commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or legal partnership that acts in the exercise of its commercial or self-employed professional activity when concluding the contract.
1.6 Any supplementary or amending terms and conditions of third parties, such as particularly the GTC of a User, shall not become part of the contract even if the third party refers to them in its contractual documents and the Provider does not expressly object to their validity. Terms and conditions of the User shall only apply if expressly acknowledged by the Provider in writing.
2.1 The purchase contract is concluded with Data Metrics UG Haftungsbeschränkt, Managing Director: Yousef Hassani Hejazi, Öcklweg 11, 81369 Munich, Commercial Register: District Court of Munich, HRB 273784.
3.1 To access or use the service, the user must be of legal age in their respective jurisdiction.
3.2 The service is intended solely for personal, non-commercial use unless the user enters into a separate agreement with the provider for commercial use.
3.3 Users may not use the service if the provider has terminated a user account or prohibited the use of the platform or service.
4.1 All prices are in euros plus shipping and/or provisioning costs.
4.2 Unless otherwise stated, prices are always exclusive of the VAT applicable at the time of invoicing. All printed or stored price information in catalogs, price lists, electronic media, and similar materials provided by the provider are non-binding. The features published in the descriptions are not guaranteed properties in the legal sense but an attempt to make all generally published information accessible to the user.
4.3 The provider's listed prices do not include any binding entitlement to support.
5.1 By submitting a properly completed and (corporately) signed registration form by mail or an online order form, the user makes a binding offer to use the selected (online) service from the provider based on the provisions of these GTC. If the user selects multiple (online) services or products from the provider, the user submits a separate offer for each individual (online) service.
5.2 The contract for the use of the (online) service is concluded for each individual (online) service upon activation of the user by the provider. The user or a contact person specified by them will be provided with their login credentials, consisting of a username and password, via email. The user must adequately protect their login credentials against unauthorized access and keep them confidential. With these credentials, the user has access to their account and the activated (online) services. The provider reserves the right to accept the user’s offer to use the (online) services only partially, for individual services and not all (online) services.
5.3 When the selected (online) services of the provider are used by a company or organization, the user specifies at the time of the order the number of employees or otherwise engaged individuals who will use the selected product within the scope of the usage rights granted by these GTC (“Users”) and, in any case, one person as the technical contact for managing access credentials.
5.4 A contract for the use of the (online) service is concluded individually with a natural or single legal person. The use of a contract by multiple natural or legal persons is excluded unless otherwise agreed in writing.
5.5 The user is liable for any form of breach, especially for misuse by sharing their personal login credentials with third parties or allowing third-party access to the (online) services due to insufficient technical or organizational security measures. If the user suspects that their login credentials have become known to a third party or that misuse may occur, they must change their credentials immediately and report the potential misuse by email to contact@data-metrics.de.
5.6 The provider does not act as an intermediary in any cases. Should agreements between the user and third parties be concluded using the provider’s products, no legal relationship with or to the provider is established. The provider is not liable for the fulfillment of such agreements, and the user shall fully indemnify and hold the provider harmless against any claims by third parties arising from an agreement between the user and a third party.
5.7 As part of the registration process, the user submits an offer to the provider to conclude a contract for the provision of the service. The acceptance of the offer occurs through the provider’s provision of the service.
5.8 By clicking the [Purchase/Order with obligation to pay] button, the user places a binding order for the goods/services listed on the order page. The purchase contract is concluded when the provider accepts the order by sending an order confirmation email immediately after receiving the user’s order.
5.9 The displayed offers do not constitute an offer in the legal sense. By placing an order, the user makes a binding contractual offer. Input errors can be corrected before submitting the order using standard keyboard and mouse functions. By clicking the button to complete the order, the user submits a binding contractual offer. The contract for the ordered product is concluded with the acceptance of the user’s order by the provider through an expressly declared order confirmation or through product provision. The product catalog displayed by the provider’s service or transmitted in any other form (e.g., email) does not constitute an offer in the legal sense. By placing an order via email, fax, or telephone, the customer makes a binding contractual offer. The contract for the ordered product is concluded with the acceptance of the order by the provider through an expressly declared order confirmation or through product provision.
6.1 The scope of the (online) services and products provided and offered by the provider is outlined on the respective platform or website of the provider, with the provisions of these GTC taking precedence. For some services, user registration is required, while other services are freely available. These terms and conditions apply regardless of whether a specific service is only accessible after registration or freely accessible.
6.2 The provider grants the user a usage license for the duration of the contract and based on these GTC under the following conditions for the activated (online) services of the provider (as per point 5.2) for the duration of this agreement and for the specifically designated users (“Usage License”). The usage license is limited to the right to access the respective data and information offering or databases for personal use, to retrieve individual information offers.
6.3 Not included in the usage license is the right to duplicate the database and data in whole or in part, make copies, systematically retrieve data for purposes other than supporting one’s own business activities, or exploit or modify the database. Also prohibited is offering brokering services for third parties, using the provider’s (online) services to offer one’s own or third-party products and services that directly or indirectly compete with the (online) services.
6.4 The data and information obtained through use may only be used for the described, directly personal purposes within the scope of one’s activities. Exploitation of individual or aggregated data and information in media or other web-based media by the user is excluded and impermissible without the prior express written consent of the provider. This also applies to any use of data and information beyond the granted usage license. Specifically, duplication and the paid or unpaid transfer to third parties, as well as the transfer of queried data and information to other databases, is prohibited and forbidden.
6.5 The usage license granted exclusively to the user as per point 6.2 is non-transferable to third parties without the express written consent of the provider. Making it available or accessible to third parties, especially by sharing login credentials or other interface access (cf. point 6.3), is also prohibited. Expanding the number of users covered by the usage license is only permissible with the provider’s written consent. The user ensures compliance with any statutory usage restrictions of embedded systems from licensing partners, such as the German commercial register, German land register, international trade registers, and patent and trademark databases, in accordance with legal requirements, and ensures that all users comply with these restrictions. The user is liable for any violations regarding the usage license. For each violation of the usage license, the user is obligated, regardless of fault, to pay a lump sum compensation of EUR 20,000.00 (in words: twenty thousand euros) to the provider upon request. The provider reserves the right to claim any additional damages incurred as well as to exercise other rights, such as terminating the agreement for cause.
6.6 Except for the services of third-party systems under section 6.2 of these Terms and Conditions, the operating hours of the (online) services are from 0 – 24 hours daily. However, the provider is entitled to temporarily suspend the (online) services or certain functions of the same, or interrupt access or limit its duration, for operational or system-related maintenance work, particularly for regular maintenance, or to prevent disturbances and failures. The same applies if the provision of necessary services by third parties is not possible at short notice or if third-party systems are unavailable. Customers will be informed in a timely manner about such suspensions or other materially justified changes in operating hours via the (online) services. No claims arise for the customer due to such suspensions or interruptions of services.
6.7 The provider is entitled to adjust its service offerings at any time, add features, and expand them in order to ensure a sufficient quality standard for its users. The provider is also entitled to discontinue, adapt, or restrict the (online) services as a whole or parts thereof if required due to technical, legal, or economic developments. The complete and permanent discontinuation of the (online) services or essential parts thereof by the provider is generally carried out by extraordinary termination in accordance with section 13.2, excluding any further rights of the user.
6.8 The provider is entitled to terminate the contract for good cause at any time if continuing the activated (online) services becomes impossible, significantly more difficult, or economically unreasonable due to changes in legal provisions, other official orders, court decisions, technical necessities, circumstances, or alleged claims of third parties. The user is entitled to terminate the contract by ordinary termination according to section 13.2 in the case of a permanent, substantial change to the activated (online) services. No substantial reason exists for a merely temporary suspension due to official requirements or third-party claims, if the provider resumes service provision in the original or a reasonably adapted form within a reasonable period or if only individual functions are changed or discontinued. No further claims of the user exist beyond this.
6.9 The user is aware that the availability of data and information from the (online) services depends on the availability, completeness, and accuracy of third-party systems that provide the data. The provider assumes no warranty and/or liability for the completeness and accuracy of the data and information stored and transmitted by the provider in the databases and online information systems.
7.1 In order to use certain services of the provider, the user must register by providing their name, a valid email address, a personal password, and agreeing to the present Terms and Conditions (usage terms) and the provider's privacy policy. The provider stores the data provided by the user during registration in accordance with legal requirements and data protection regulations and sends a confirmation email to the provided email address after successful email verification.
7.2 The provider reserves the right to refuse individual user registrations without giving reasons.
7.3 The user is only allowed to use the provider's services properly within the framework of the contractual agreement. The user particularly commits to not using the access to the service abusively or in contradiction to the terms of use, not granting unauthorized third parties access to the services, and not sharing usage data, respecting laws and the rights of third parties, ensuring data protection by adhering to recognized data security principles, following the obligations of the privacy agreement, checking emails and queries from the provider or users for computer viruses with the utmost care, and complying with legal, regulatory, and technical provisions.
7.4 In this context, the provider reserves the right to investigate any suspected misuse or substantial breaches of contract, take appropriate measures, and, if necessary, block the user's access to the content until the matter is fully clarified and/or, in the case of particularly serious violations, terminate the contract without notice. If the user clears up the suspicion completely, the blocking will be lifted.
7.5 The user is obligated to compensate the provider for any damage resulting from breaches of the obligations described in sections 6.2, 6.3, and 6.4. The user's liability is limited to cases where the user is at fault. Further claims for damages by the provider remain unaffected.
7.6 For account creation with the provider, the user guarantees that they are at least of legal age in their jurisdiction, able to enter into and fulfill legally binding contracts under applicable law, and that all information provided by the user is correct, current, truthful, and complete.
7.7 Users are solely responsible for all activities within their account. The provider is not responsible if the user’s password and/or account is misused by third parties. Users are therefore required to keep their password secure and to keep all account information up to date.
7.8 Unless expressly permitted by the provider and subject to conditions and other additional terms that the provider determines solely and absolutely, users may not create multiple accounts. Users may not lend, transfer, or sell their account or any account information, nor use another user's account without their written consent.
7.9 The provider may occasionally contact the user via the email address provided during account registration. Users cannot unsubscribe from such communications and are responsible for ensuring their email address is up to date. The provider is not liable for any losses or damages resulting from the user's failure to receive communications due to an inaccurate, outdated, or incomplete email address.
8.1 Users who utilize the provider's services are obligated to provide only serious and up-to-date information based on relevant facts and to keep it current.
8.2 The user's rights under the contract with the provider are not transferable without the provider's consent.
8.3 The user has informed themselves about the key functional features of the products and assumes the risk of whether these meet their desires and needs; for any doubts, the user should have consulted with qualified third parties before concluding the contract.
8.4 The establishment of a functional – and also adequately dimensioned – hardware and software environment, taking into account the additional load from the contractual items, as well as a sufficient internet connection, is the sole responsibility of the user.
8.5 The user thoroughly tests the products for defects and usability in their existing hardware and software configuration before putting them into productive use.
8.6 The user follows the instructions provided by the provider for the installation and operation of the products; they will regularly check the provider's website for updates and take these into account during operation.
8.7 The user makes reasonable arrangements in case the products do not work properly, either fully or partially (e.g. through daily data backups, troubleshooting, regular checks of data processing results).
8.8 The user ensures that data processing through the products complies with legal, especially data protection, commercial, and tax regulations, and any export restrictions are observed.
8.9 Any access to the web-based IT service solution is dependent on the connection via the internet, which the customer is solely responsible for. The customer bears the costs of their internet access.
8.10 The user agrees to cooperate free of charge to the required extent in case of termination of the contractual relationship.
8.11 In the event of permanent blocking, the provider is entitled to terminate the affected contract extraordinarily. In case of extraordinary termination, the user must compensate the provider for any damages or lost profits, which typically includes the obligation to pay the agreed remuneration until the end of a potential ordinary termination.
8.12 The user agrees to cooperate free of charge to the required extent in case of termination of the contractual relationship.
8.13 The provider is entitled to block the user's access to a product at any time to avoid damages, liability, or sanctions, or for similar good reason, if the user violates laws or acts in contradiction to the agreed terms (including specific product-related terms and other conditions), especially in the following (non-exhaustive) cases:
The user or a user attributable to the user uses the products to:
The user infringes upon third-party intellectual property rights in the use of the products.
9.1 Queries from governmental databases provided by authorities or license partners, which may also form part of an (online) service or an (online) service itself, may, if not directly offered by the provider, be carried out through an authorized clearinghouse defined by the provider. Other special permissions required by law for queries in third-party databases will be obtained through an authorized clearinghouse, or the user must obtain them directly from the respective authority with the provider's support.
9.2 The availability of third-party systems from a cooperation partner, to which the (online) services provided by the provider may be connected, will be determined solely by the respective operating and availability times of the respective partners.
10.1 For the usage permission according to section 6.2 for the respective selected (online) service or platform and service, the provider charges a usage fee, consisting of a basic fee and query fees. Query fees include query charges, any additional service charges such as service and maintenance fees, and legally required court fees as prescribed by the respective jurisdictions and competent authorities in domestic and foreign countries. Other fees, such as for government-signed documents, full texts, or other contents from third-party systems, will be separately listed on the invoice.
10.2 The fees and charges are available in the price list valid at the time of the contract conclusion, which is accessible on the respective (online) services of the platform or the provider's website. Any applicable court fees are subject to the respective national regulations. If queries are chargeable from third-party systems, the respective charges will be displayed to the user in the system before the query. All fees are generally quoted as gross prices, including VAT.
10.3 The provider is entitled to adjust the query fees accordingly if necessary due to changes in license and service costs or fee increases. Furthermore, the provider is entitled to adjust the fees annually, within the first three months of each following calendar year, according to the price increase of the respective consumer price index (CPI) or any other index replacing it.
10.4 Basic fees are generally billed annually, depending on the (online) service and the selected package/service, otherwise monthly in advance. Query and court fees incurred will be billed monthly in arrears.
10.5 The user agrees that the invoice will be sent electronically by email or will be available for download in their member account, unless otherwise agreed.
10.6 In the case of delayed payment, the provider is entitled to charge interest on arrears at a rate of 9% above the base interest rate of the European Central Bank. The user also agrees to bear all costs and expenses associated with the collection of the claim, such as collection fees and other necessary costs for appropriate legal enforcement.
10.7 The user may only set off against a claim from the provider if their counterclaims have been legally established or recognized by the provider.
10.8 For payment of invoices, the user must deposit the amount exclusively into the account indicated in the invoice. If using online or telephone banking or payment slips, the customer must use the corresponding field for the purpose or payment reference to enter their customer data.
10.9 The prices for the (online) services and services are based on the price list valid at the time of the order and the respective individual agreements between the parties. Payable (online) services and services can be paid by the user via PayPal, bank transfer (prepayment), and credit card.
11.1 The provider places great value on the reliability, availability, and quality of its (online) services and services. However, due to the dependency on third-party infrastructure and available capacities, the provider cannot guarantee that the information service will be accessible without interruption at all times. No liability is assumed for continuous availability.
11.2 Liability of the provider is excluded except in cases of gross or intentional damage caused by the user.
11.3 Liability is also excluded for damages that may arise from:
11.4 The user is liable to the provider and holds the provider harmless for all consequences of violating these Terms and Conditions, particularly for exceeding the granted usage permissions, disregarding data protection provisions, as well as for any damage caused by the user or persons attributable to the user or user-related actions in connection with the use of the respective (online) services or in connection with the retrieval of data and information provided by the provider. This includes also the loss or unauthorized sharing of the assigned access data or any changes made by the user or user-related parties to the access data.
11.5 The provider is not liable for damages caused by misuse, loss, or unauthorized sharing of the user’s access data or any changes made to the access data by the user or persons attributable to the user.
11.6 The provider is only liable for its own content on its website. The provider points out that it has no influence over the content and design of linked websites and third-party database content. The provider does not adopt the content of linked websites. Therefore, the provider does not assume any liability for the content, accuracy, completeness, and currency of linked websites and third-party database content.
11.7 The provider does not guarantee the accuracy and completeness of the information provided by the users, nor the identity and integrity of the users and the material.
11.8 The provider has no influence over the transport of data over the internet. Therefore, the provider also does not guarantee that interactive processes will reach the user correctly and completely, and that the internet connection process will be guaranteed at all times. Moreover, the provider does not guarantee that data exchange will occur at a certain transmission speed. Excluded from the warranty are disturbances caused by defects or interruptions in the user’s computer or communication paths, or due to unauthorized use of the username and password. Since no electronic communication is completely secure, the provider cannot guarantee that the flow of information to and from the provider will not be overheard or recorded by third parties due to its connection to the internet and the resulting technical conditions. In this regard, the provider also explicitly points out that each user is responsible for ensuring that their system is protected from harmful network attacks (viruses, trojans, etc.). The provider is not liable for data loss during transmission outside of its control. Risk transfer occurs when the data or contribution is made available for retrieval on the server. The provider also does not take responsibility for data security outside its control.
11.9 The content or materials uploaded by users are considered third-party content in the sense of § 8 paragraph 1 Telemedia Act (TMG). The legal responsibility for this content lies with the user who created the material.
11.10 The user is liable for all consequences and disadvantages arising from the provider’s misuse or illegal use of the (online) services and services or from the user’s failure to comply with other contractual obligations (including but not limited to the obligation to keep the password confidential).
12.1 The provider treats the personal data of the user strictly in accordance with the relevant data protection laws. The provider commits to maintaining all business and trade secrets of the user that become known during the provision of the products by the provider. Further information can be found in the provider's privacy policy.
12.2 The (online) services, services, platforms, their content, and the respective documentation of the (online) services' system are protected by copyright. Any use that exceeds the expressly agreed usage permission in these terms and conditions is not allowed.
12.3 The user may not use the data obtained through the use of the service, either fully, partially, or in extracts, for their own commercial purposes that compete with the provider’s (online) services.
13.1 Contracts with the provider regarding (online) services, services, or platform use, which are concluded for an indefinite period, can generally be terminated monthly by the end of the month, in writing by registered mail or by email to contact@data-metrics.de (in case of termination by the user) or to the email address provided by the user (in case of termination by the provider), unless other minimum periods or contract durations have been agreed in writing. The termination must be made separately for each individual (online) service, service, and platform. The termination of contracts for monthly services and services can be made directly in the user's online account by the end of the following month. For services with a one-year term, a twelve-month termination waiver is agreed from the time of ordering. Contracts are automatically renewed for the previously selected term, unless they are terminated in due time. The termination is timely if one of the contracting parties terminates the contract by registered mail, email, or via the online account with a one-month notice period before the end of the next contract period.
13.2 For good cause, either party may terminate a fixed-term or indefinite contract at any time without notice. Good reasons particularly include:
13.3 The provider may block the user’s access to the platform and the respective (online) services at any time for important reasons according to point 13.2. All contractual obligations of the user remain unaffected. The access block will be lifted immediately once the reasons for the block are resolved. The user must cover the costs of the block and its removal.
14.1 All content (information, statements, comments, photos, texts, graphics, questions, videos, notes, drawings, articles, and other materials) transmitted to the provider's websites (hereinafter "material") is the sole responsibility of the user who created the material. The user ensures, in particular, that the material does not violate applicable laws or third-party rights (particularly name, copyright, and trademark rights). The provider is not obligated to check whether submitted content violates third-party rights or statutory provisions. The user is obligated to correct or delete the content they submit if it does not meet the requirements for website content. The user can always make changes to their content via their account.
14.2 The user indemnifies the provider from any claims or demands from third parties arising due to violations of rights by the user or due to material created by the user, including reasonable legal costs and attorney fees. The user further agrees to assist the provider in defending against such claims.
14.3 The user's obligation to pay the compensation remains unaffected by the implementation of the measures mentioned in this section.
14.4 The provider does not guarantee the truth, content, or quality of user-generated content. The provider reserves the right to check the material and remove it without prior notice, and to exclude individual users from using the community. However, the provider is not generally obligated to remove materials that other users find offensive or insulting.
14.5 By using our services, the user agrees that the provider may use the content for promotional purposes outside the service (e.g., in the form of customer quotes on websites with excerpts and images).
15.1 Consumers have a statutory right of withdrawal when entering into a distance contract, which the provider informs about in accordance with the statutory model below. Information about the early expiration of the right of withdrawal is provided in paragraph (15.2). In paragraph (15.3), a sample withdrawal form is provided.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the contract conclusion. To exercise your right of withdrawal, you must inform Data Metrics (limited liability), Öcklweg 11, 81369 Munich, email: contact@data-metrics.de by an unambiguous statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not required. To meet the withdrawal deadline, it is sufficient that you send the notification of your withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the standard delivery offered by us) without delay and no later than fourteen days from the day we receive your withdrawal notice. We will use the same payment method for the refund as you used in the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged any fees for this refund. If you requested that services begin during the withdrawal period, you will pay us an appropriate amount that corresponds to the part of the services already provided by the time you informed us of the exercise of the withdrawal right concerning this contract compared to the total scope of services agreed upon in the contract.
15.2 Early expiration of the right of withdrawal - Your right of withdrawal expires early for a contract for the provision of services if we have fully performed the service and began the performance of the service only after you gave your explicit consent and confirmed that you are aware that you lose your right of withdrawal once we have fully performed the contract.
15.3 Information about the Sample Withdrawal Form provided by the provider in accordance with the statutory regulations:
Sample Withdrawal Form
(If you want to withdraw from the contract, please copy this sample into a text document, print it out, and send it back.)
To: Data Metrics UG (limited liability), Öcklweg 11, 81369 Munich, email: contact@data-metrics.de
Hereby I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
End of the withdrawal instruction
16.1 Users may only use (online) services and services as expressly permitted in these terms and conditions. All rights not expressly granted to the user are reserved for the provider, its third-party providers, and possibly other relevant owners.
16.2 Users may only use (online) services and services as expressly permitted in these terms and conditions. All rights not expressly granted to the user are reserved for the provider, its third-party providers, and possibly other relevant owners. The provider makes content available through its (online) services and services that are protected by copyright and/or trademark law, either owned by the provider or licensed to the provider by third-party licensors and providers (collectively referred to as "content"). For clarity, the term "content" includes all content the user accesses at any time. As a user, you acknowledge that the (online) services and services are developed, assembled, prepared, revised, selected, and arranged by the provider and such third parties using methods and evaluation criteria developed and applied under significant time, labor, and cost investment, and represent valuable intellectual property of the provider and such third parties. Accordingly, users are obligated to protect the ownership rights of the provider and all others with rights to the service during and after the term of these terms and conditions and to comply with any written requests from the provider to protect the contractual, legal, and customary rights of the provider and others to the (online) services and services.
16.3 Subject to these terms and conditions and the user's compliance with these conditions, the provider hereby grants the user a limited, personal, non-exclusive, non-transferable, and non-sublicensable license to use the content and use these (online) services and services, exclusively for personal use. As a user, you agree not to use the (online) service and services or the content for commercial purposes. Apart from the above license, users have no further rights to the (online) services and services or the content, and may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, lend, create derivative works from, index, reverse-engineer, modify, improve, grant access to, or exploit them in any way.
16.4 If users violate any of these terms, the above license automatically expires.
17.1 As a user, you agree that you will not:
17.1.1 Copy, modify, or create derivative works of the (online) services and services or any content.
17.1.2 Copy, manipulate, or summarize content (including data) to provide it to third parties.
17.1.3 Sell, rent, lease, license, or sublicense content or access to the service, whether for commercial purposes or free of charge.
17.1.4 Use or introduce data mining, crawling, "scraping," robots, or similar automated or data collection or extraction methods into the service or manually access parts of the service to collect, monitor, or copy content or download or store content (unless expressly authorized by the provider). Certain data and other information within the service are available by subscription or for a fee under the (online) services and services of the provider.
17.1.5 Make excessive information requests or engage in actions that disturb, interrupt, or excessively burden the service or any server or network connected to the service, or negatively affect the quality or availability of content, or the speed or functionality of the service.
17.1.6 Introduce a virus, Trojan horse, worm, time bomb, or other malicious software into the service or platform, or use a device, software, or routine to bypass software or hardware that prohibits mass information requests.
17.1.7 Violate, circumvent, or bypass security measures intended to restrict or prevent access to the platform, content, or service, or;
17.1.8 Otherwise attempt to gain unauthorized access to the service, content, or computer systems or networks connected to the service or a provider server, whether through hacking, password mining, unauthorized use of another’s password/access credentials, or otherwise.
17.1.9 Restrict, inhibit, or disrupt other users’ use of the service (including by hacking or vandalizing the platform).
17.1.10 Introduce or otherwise distribute computer programs via the platform that damage, disrupt, intercept, collect, disclose, or disclose systems, data, or personal information of us or third parties.
17.1.11 Use our trademarks, service marks, trade names, or logos or those of a third party displayed on the platform.
17.1.12 Modify or remove copyright or other proprietary notices in content.
17.1.13 Use the website, content, or service for or in connection with an activity that (i) violates applicable law, statute, regulation, or rule, including but not limited to the German Ministry of Finance, or (ii) involves proceeds from illegal or unlawful activity.
17.2 Furthermore, you acknowledge and agree that you (and not the provider) are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software, and services you need to access and use the service, and for paying all associated fees.
18.1 Subject to these terms, users may view, print, and make copies of content for personal use. Without our prior written consent, users are not permitted to copy, reproduce, download, store, transmit, broadcast, publish, modify, create derivative works from, display, perform, distribute, transfer, sell, license, rent, lease, sublicense, or otherwise use, transmit (whether in printed, electronic, or other form) or exploit content in any manner that does not comply with these terms. To obtain permission to use content not expressly allowed by these terms, please contact contact@data-metrics.de.
18.2 In the relationship between the provider and the user, all content is the property of the provider or is controlled by the provider. The provider, the provider logo, and, unless otherwise indicated below, all other product or service names or slogans displayed in the service are registered and/or legally protected trademarks of the provider or its suppliers or licensors, and may not be copied, imitated, or used in whole or in part without the prior written consent of the provider or the respective trademark owner. Additionally, the appearance of the service, including all page headers, custom graphics, button icons, and scripts, is a service mark, trademark, and/or trade dress of the provider and may not be copied, imitated, or used in whole or in part without the prior written consent of the provider. All other trademarks, registered trademarks, product names, company names, or logos mentioned in the service are the property of their respective owners. The mention of products, services, processes, or other information by trade names, trademarks, manufacturers, suppliers, or otherwise does not imply endorsement, sponsorship, or recommendation by the provider.
18.3 These terms do not grant the user any rights to the provider’s or third parties' intellectual property.
18.4 The use or misuse of trademarks or other intellectual property of the provider is prohibited unless expressly permitted by these terms. Users are required to notify the provider immediately at contact@data-metrics.de if they know or suspect that any intellectual property rights of the provider or its licensors have been violated.
18.5 All logos, trademarks, service marks, and trade names of the provider and its affiliates are the sole property of the provider. The absence of a name, logo, or other trademark does not waive any intellectual property rights established by the provider. Other trademarks, names, or logos used on the website are the property of their respective owners. Users are not authorized to use these.
18.6 As a user, you acknowledge that the provider and/or its licensors are the owners of the copyright in all content, and reserve all rights to such content according to applicable laws (including copyright laws and other laws protecting intellectual property).
19.1 Users may place one or more links to the service (collectively, "Link") on their own website ("Your Website"), provided that:
19.1.1 The link may only contain the following text: "Website Name" or "WebsiteName.domain" or "Link to WebsiteName.domain".
19.1.2 Your website must not contain any content that is illegal, threatening, abusive, defamatory, libelous, or otherwise inappropriate, as determined by the provider in its sole and unrestricted discretion.
19.1.3 The appearance of all content accompanying the link or appearing on the same page as the link (e.g., the entire article in which the link appears, even if it is not on the same page as the link) must not be such that it could harm or dilute the goodwill associated with the provider’s name, reputation, or trademarks, trade names, or service marks, as determined by the provider in its sole discretion; and
19.1.4 Content on your website must not contain any information that, in our sole and unrestricted discretion, could create the false impression that you, your website, or any other website, service, person, or entity is affiliated with, sponsored by, or otherwise endorsed by the provider, or that any activity carried out by you or another person has been approved by the provider.
19.2 The provider may revoke its consent to a link at any time in its sole and unrestricted discretion and without prior notice. If the provider notifies you that you may no longer link to the service or to any page or document, you must promptly (and in any event within three (3) calendar days from the date of our notification) remove all affected links from your website.
20.1 The content of the (online) services, services, and platform is provided solely for informational purposes. Nothing on or within the service constitutes an offer of currency, securities, or a financial instrument, nor is it considered investment advice or an investment recommendation (e.g., recommending the purchase of a currency, security, or instrument) by the provider, or a recommendation of an investment strategy by the provider. The content of this service should not be considered information sufficient to form the basis of an investment strategy. No content within the service is tailored to the specific needs of any natural or legal person or group of persons. The provider expresses no opinion on the future or expected value of any currency, security, or other interest. The provider does not explicitly or implicitly recommend any investment strategy of any kind. The content of the service may not be used as the basis for a financial product or any other product without the express prior written consent of the provider.
20.2 The content provided in the (online) services, services, and platform is provided by independent third-party providers. The provider does not verify the accuracy of all content, does not check it for completeness or reliability, and assumes no responsibility for the accuracy, completeness, reliability, or any other aspect of the content.
20.3 The service and content published within the service may contain inaccuracies or errors. The provider does not guarantee the accuracy, completeness, timeliness, security, availability, or integrity of the service or the content, and disclaims any liability for errors or other inaccuracies regarding the service or content. The provider makes no guarantees regarding the suitability of the service or content, or that the service or content will function uninterrupted or in combination with any software, service, system, or other data or information. The service and all content are provided "as is". The provider disclaims all warranties and conditions that the service, its servers, or any email or electronic message sent by the provider is free from viruses or other harmful components. The provider disclaims all warranties and conditions regarding the service and the content, including all implied warranties and conditions of merchantability, suitability for a particular purpose, title, and non-infringement of rights.
20.4 To the maximum extent permitted by applicable law, the provider assumes no liability or responsibility for: (i) errors, inaccuracies, or omissions in the content; (ii) any physical damage of any kind resulting from your access to or use of the service; (iii) any unauthorized access to or use of our servers and/or any information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, Trojan horses, or similar that are transmitted to or through the service by third parties; (vi) any errors or omissions in any content or for any losses or damages resulting from the use of content made available, transmitted, or otherwise provided through the service; and/or (vii) defamatory, offensive, or illegal conduct of third parties.
20.5 In no event shall the provider (or its respective officers, directors, employees, members, agents, and affiliates) be liable for indirect damages, punitive damages, incidental damages, special damages, consequential damages, or damages for lost profits, resulting from your access to or use of the service, or from the delay or inability to access, display, or use the service, or in any way related thereto; for computer viruses, information, software, linked services, products, and services obtained through the service; or for damages arising otherwise from the access to or use of the service, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, even if the provider has been advised of the possibility of such damages.
20.6 In no event shall the provider (or its respective officers, directors, employees, members, agents, and affiliates) be liable for claims, proceedings, liabilities, obligations, damages, losses, or costs exceeding 100.00 EUR. This limitation of liability reflects the allocation of risk between the parties. The limitations listed in this section will remain in effect even if a limited remedy specified in these terms fails of its essential purpose.
20.7 In some jurisdictions, the exclusion or limitation of incidental or consequential damages is not permitted, so the above limitations or exclusions may not apply to you. These terms grant you certain rights, and you may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers and limitations under these terms do not apply if prohibited by applicable law.
21.1 To the extent not prohibited by applicable law, the user agrees to indemnify and defend the provider and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors, and assigns against all claims, actions, proceedings, and third-party claims (whether threatened or actual) and all losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorney fees) arising from, in connection with, or related to: (i) your use (or misuse) of the service or content and your access to it; (ii) your breach of any of these terms; (iii) your violation of any applicable law, rule, or regulation; (d) any claim that information you provided to the provider in connection with the platform, including content, has caused harm to, violated, misused, or otherwise infringed the rights of any third party, including infringement, misuse, or other violation of third-party intellectual property rights or violation of privacy or publicity rights; and/or (iv) any dispute you have with a third party regarding or in connection with the service or content. The provider reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by the user; in such case, the user will cooperate with the provider in asserting all available defenses and conducting such defense.
22.1 All contracts with the user are exclusively governed by the substantive laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the choice-of-law provisions. The language of the contract is German or English. For consumers, this choice of law applies only insofar as it does not deprive the user of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.
22.2 The court of jurisdiction for all disputes arising from the use of the selected (online) services and services between the provider and the user is the court competent at the provider’s place of business. This also applies if the user has no general court of jurisdiction in Germany or the EU or if their residence or habitual place of residence is unknown at the time of the lawsuit. The right to bring the case before another competent court remains unaffected.
22.3 The place of performance for all services under this contract is Munich.
22.4 Should any provisions of these terms be ineffective or incomplete, or become ineffective or incomplete, and not be in line with or contradict mandatory legal provisions, this shall not affect the validity of the remaining provisions of these terms. The parties will replace these with a provision that most closely matches the intended effect of the ineffective provision.
22.5 All contracts between the provider and the user may be modified or supplemented in writing by a separate contract. If provisions of these terms contradict written contractual provisions, the written contract provisions will prevail.
22.6 The provider reserves the right to change these terms and conditions at any time with reasonable prior notice of at least four weeks. The announcement will be made by publishing the modified terms and conditions on the provider’s website, indicating the date when they come into effect.
22.7 If the user does not object within four weeks after the publication of the changes, the amended terms and conditions are considered accepted. The announcement of the change will specifically refer to the significance of the four-week period.
22.8 In the event of a timely objection by the user to the amended terms and conditions, the user has the right, while safeguarding their legitimate interests, to terminate the contract with the provider at the time the changes take effect. In such case, the user’s content will be deleted from the database. The user may not derive any claims against the provider from this.