GENERAL TERMS AND CONDITIONS
All services provided by PREDICTA | ME GmbH, hereinafter referred to as PREDICTA | ME, are only carried out on the basis of the applicable price list and the general terms and conditions. The customer´s existing terms and conditions are not accepted by PREDICTA | ME and do not apply to the contractual relationship between PREDICTA | ME and the customer. This also applies if the customer´s terms and conditions were not expressly objected to after they were sent. The customer´s acceptance of services performed by PREDICTA | ME shall be deemed acknowledgment of these terms and conditions at the same time. The customer thereby waivers the validity of their own terms and conditions. Any special agreements must be made in writing. The applicable version of the general terms and conditions, valid at the time of the conclusion of the contract, shall always apply.
The prices stated by PREDICTA | ME are non-binding, unless otherwise stated in the offer. The prices stated in the respective offer made by PREDICTA | ME always apply.
The services of PREDICTA | ME exclusively concern the support of the customer in a project that the customer carries out at their own responsibility. PREDICTA | ME assumes no liability for a particular outcome in connection with the provision of the service. Contractual partners of PREDICTA | ME are exclusively entrepreneurs within the meaning set out in § 14 of the German Cicil Code (BGB). No contracts shall be concluded with consumers.
Conclusion, duration and termination of the contract
The contract for the provision of the agreed service takes effect with the signature of the customer. PREDICTA|ME is not obliged to comply with a potential customer´s request to make an offer. The contract commences on the date of the signature. The duration of the contract, the period of notice and any automatic renewal will be determined individually, depending on the scope of services. The contract term is based on the agreed term, which is based on the PREDICTA | ME package booked in each case. All booked services can be cancelled free of charge up to 7 days before the start of the service period. Cancellation up to 24 hours before the start of the service period will result in a cancellation fee of 50% of the price for this service package. In the event of a later cancellation, the full price will be charged.
A contract is only concluded by written confirmation of the order by PREDICTA | ME. If the service is provided by PREDICTA | ME without the customer having received an order confirmation beforehand, the contract is concluded when performance of the service begins.
Termination by PREDICTA | ME may be for good cause, in particular in the event of filing for bankruptcy or opening insolvency proceedings against the client's assets or the refusal to open insolvency proceedings over the customer's assets due to lack of assets:
in the event of enforcement measures taken against the assets of the customer;
in the event of a default by the customer in the settlement of due remuneration claims to PREDICTA | ME;
in the event of transmission of data for applicant and / or employee analyzes by the customer, which violate legal provisions and / or the rights of third parties;
in the event of a breach of the customer's obligation to cooperate;
The customer´s general duty of cooperation
The customer must ensure that all necessary cooperative efforts and information are provided. Data carriers that the customer makes available must be in working order and technically sound. If this is not the case, the customer shall reimburse PREDICTA | ME for all damages resulting from the use of the data carriers. If a customer does not fulfill their obligation to cooperate, or does not do so in time or to the extent required, the consequences resulting from this shall be borne by the customer. If certain data, documents, deadlines that are important for the agreed services are not provided, withheld or not passed on, the customer shall be solely liable. PREDICTA | ME is not liable for culpable failure gy the customer.
Customer access to the PREDICTA | ME online portals is password protected and is only available to registered users. All Users are employees of the customer and other employees who act on behalf of the customer and are authorized to do so. The customer shall ensure that the users registered in their name and order comply with the rules agreed upon in these terms and conditions.
There is no legal claim to registration by PREDICTA | ME. PREDICTA | ME is entitled at any time to revoke the access authorization of certain users by blocking access data, without the need for providing reasons, in particular if the customer or the user does not settle their invoices, provides false information in the registration or violates these terms, their contractual obligations or due diligence in dealing with the access data.
In the event of registration on PREDICTA | ME online portals, the customer is obliged to provide correct and complete contact details, in particular their title, telephone number, e-mail address, postal address, company and contact person. By registering, the customer ensures that the information they send to PREDICTA | ME in the course of registration or through other interactions is correct and complete and that they have not provided any false or inadequate information about their identity and / or the identity of any third party representatives. If the customer uses inaccurate contact information, in particular the wrong name, e-mail address, postal address or other false information, as part of the registration on PREDICTA | ME online portals, they shall be fully liable for this and must indemnify PREDICTA | ME for damages incurred as a result. Changes to the name or the e-mail address must be communicated by the user to PREDICTA | ME without delay. The user must also ensure that the e-mails sent to the e-mail address provided by them reach their person.
The customer is obliged to carefully store their access data (user name, password) obtained during registration on PREDICTA | ME online portals. The customer is not entitled to pass on or transfer access data to third parties or to make the data accessible by other means. If the customer has intentionally or negligently caused the use of their access data by a third party, they shall indemnify PREDICTA | ME from any damage caused by the unauthorized use of the access data. If the customer becomes aware that third parties have misuses user data, they must notify PREDICTA | ME immediately. In this case, the user data will be blocked immediately by PREDICTA | ME.
The customer can demand the deletion of their user data at any time. Deletion must be requested in writing or by telephone. In the event of deletion, PREDICTA | ME will delete all user data and all other personal data stored as soon as the data is no longer needed. Nonetheless, PREDICTA | ME reserves the right to store analysis results in an anonymised form for research and quality assurance purposes.
PREDICTA | ME is entitled not to carry out orders placed by the customer due to the content and / or form and / or technical design and / or to withdraw already rendered services. This applies in particular if the content of the order placed by the customer is contrary to statutory and / or official regulations and / or against good practice and / or abusive and / or the publication of the evaluations sent by the customer for PREDICTA | ME would otherwise unreasonable. The customer's obligation to pay remains unaffected. PREDICTA | ME is only obliged to remove such content sent by the customer within the scope of statutory provisions and / or at the request of the customer. Insofar as clains are raised against PREDICTA | ME for inadmissible content and / or other statutory violations, for which the customer is responsible, the customer is obliged to exempt PREDICTA | ME from such claims; this also includes exemptions the costs for legal action. The customer affirms that they shall only transmit data that they are entitled to use in compliance with all provisions on the protection of data and personal rights.
The intellectual property rights and copyrights for all PREDICTA | ME online portals and all analyzes remain held by PREDICTA | ME. In particular, all hallmarks, titles, copyrights, trademarks and other industrial property rights remain held by PREDICTA | ME. No ownership rights, licenses or other rights to the online portals, analyzes or processes created or used by PREDICTA | ME are transferred to the customer.
The customer acknowledges that PREDICTA | ME's methods, analytical procedures and analysis processes constitute confidential information of PREDICTA | ME ("confidential information") which is subject competition (as trade and business secrets) and copyright protection. The customer hereby undertakes to maintain the confidentiality of this information, not reproduce it, not disclose it or disclose it to third parties and to use it exclusively in connection with the use of the portals and the analyzes. The restrichtion on duplication and use also applies accordingly to copyrighted information that is no longer sonfidential.
The customer is not permitted to print test content, pass it on to third parties or duplicate it in any other way. They are also not permitted to modify the processes in any way or, to access, store or send hyperlinks and content to which they are not authorized. Furthermore, the customer is prohibited from implementing or having the analyzes implemented in environments other than the test platform.
The remuneration is determined in a contract. All services are subject to the prices and special conditions of the respective service contract. The prices quoted are binding. Unless otherwise agreed in individual cases, the prices are "net", before the statutory value added tax of (currently) 19%.
All invoices are payable by bank transfer or cash, without deductions and without exception, within 14 days after receipt of the invoice. Upon expiry of this period, the payment shall be defaulted without the need for a separate reminder. After exceeding the payment date, PREDICTA | ME is entitled to default interest, without further reminder, of 9 percentage points p.a. above the base rate, acc. section 288 (2) of the German Civil Code (BGB). The assertion of further damages due to a delay in payments remains reserved. PREDICTA | ME is entitled to suspend all services during the delay until full payment is made. Furthermore, PREDICTA | ME reserves the right to assign the claim to a collection agency.
PREDICTA | ME is entitled to initially offset payments against older debts held by the customer. If costs and interest have already arisen due to default, PREDICTA | ME is entitled to offset the payment first against the costs, then against the interest and finally against the main services.
If the workload is considerably higher than the estimates in the offer due to the customer's failure to uphold their duty to cooperate, PREDICTA | ME is entitled to increase the remuneration accordingly.
The customer is obliged to check the delivered service within three days of receipt. Complaints are only accepted within this timeframe. Should defects in the services provided by PREDICTA | ME be highlighted for which PREDICTA | ME is responsible, PREDICTA | ME is entitled to remedy these defects at its own expense.
The customer and PREDICTA | ME, as well as any commissioned third parties, are obliged to treat all information confidentially; date secrecy in the sense of the Geman Data Protection Act (BDSG) is to be maintained.
Warranty and Limitation of Liability
PREDICTA | ME is liable only for intentional or grossly negligent culpable infringements of the contract. The burden of proof of fault lies with the customer. Any liability of PREDICTA | ME for consequential damages, pure financial losses, loss of profit, loss of interest and damages from claims by third parties is excluded. PREDICTA | ME assumes no liability for late delivery, transmission or registration of data due to technical faults, regardless of their origin.
PREDICTA | ME has no control over how the information presented in the offer and contract is used by the customer. Therefore, PREDICTA | ME cannot be held responsible for any lost benefits, contracts or other direct or indirect damages that may arise from such information. It is also expressly stated that no particular success or result is owed.
The customer must ensure that the user only uses the portals in such a way and carries out all analyzes in line with the provisions in these terms and conditions, the contract and the corresponding instructions for the individual analyzes. If, for reasons for which PREDICTA | ME is not liable, the user does not carry out the analysis, does not do so completely or does not do so honestly, there will be no reimbursement from PREDICTA | ME.
The customer is aware that due to maintenance work, security reasons or other reasons, there may be temporary interruptions in the availability of the test platform. If there is an interruption in the availability of the test platform for reasons beyond the control of PREDICTA | ME (for example due to power failure or disruption in the public communications network), PREDICTA | ME assumes no liability.
The customer´s warranty rights are further excluded for only minor deviations from the agreed condition or insignificant impairments to the usability of the service from PREDICTA | ME.
PREDICTA | ME is entitled to carry out remedial work following a justified complaint regarding a defect. Only if this remedial work fails, shall the customer be entitled to a reduction or withdrawal. If the service is divisible, the customer is only entitled to withdraw from the corresponding partial service.
Unless otherwise stated above, the liability of PREDICTA | ME is excluded, in particular for:
Damage caused by the loss and / or misuse of customer access data obtained during the registration process on the online portal;
The creation of contacts with suitable portal users based on the analyzes and / or other services;
Incorrect and / or incomplete and / or illegal content on pages linked to the online portal;
Obstacles to the provision of services in the form of force majeure, war, natural disasters, traffic and operational disturbances, official measures and labor disputes.
Liability for links to other websites
PREDICTA|ME provides no guarantee with regard to the content of third-party websites that are linked to the PREDICTA | ME pages and over whose content PREDICTA | ME has no influence. The respective operator is responsible for the content of these pages. If the pages of PREDICTA | ME are linked, these will be checked in advance and only linked, insofar as there are no recognizable indications of potential statutory violations. However, there is no ongoing control of the respective pages and their content. If there are concrete indications of an infringement on linked sites or if such is made known to PREDICTA | ME, the corresponding links will be removed immediately.
PREDICTA | ME is not liable for lost, damaged or incompletely received mail or e-mails. Even for timely dispatched mail and e-mails that still do not arrive on time, there is no liability, regardless of the cause. Any consequential damages shall not be recognized.
The parties are obliged to treat all information and data received from the other party under the contract as confidential and not to disclose it to third parties. This does not apply to information that is or has become generally available or that was demonstrably known at the time the contract was concluded. Companies that are affiliated with a party within the scope of §§ 15 of the German Companies Act (AktG) are not third parties in this sense, as is the case for persons and enterprises, which were commissioned for the fulfillment of the contract by a party and which are obligated to secrecy in the same way. This obligation to secrecy continues after termination of the contractual relationship.
Data provided by the customer will be stored and processed in a machine-readable format for the purposes of contract execution, in accordance with the provisions of the German Data Protection Act. It shall not be passed on to third parties.
PREDICTA | ME is entitled to terminate the contract with immediate effect for cause. Cause regards the violation of the contract by the customer.
Changes and supplements
Changes and supplements must be in writing.
The place of jurisdiction is the headquater of PREDICTA | ME. These terms and conditions are subject to German law. The provisions of the German Civil Code (BGB) apply.
Invalidity, Ineffective Provisions
Should individual agreements in this contract be ineffective, the validity of the other contractual agreements and the purpose of the contract shall remain unaffected. Instead of the ineffective provision, the contracting parties undertake to agree upon an effective provision that comes as close as possible to the meaning and purpose of the invalid provision.
The customer is not entitled to offset their own claims, of any kind, against claims of PREDICTA | ME or in connection with the contract. In spite of any existing claims against PREDICTA | ME, the customer is not entitled to retain the fulfillment of their contractual obligations. The customer expressly agrees that as part of the provision of services by PREDICTA | ME, personal data will be collected, stored, processed and used by PREDICTA|ME.