Policies

1. Scope of Application

1.1. The following general terms and conditions (hereinafter referred to as GTC) of Evalea GmbH, Sandweg 6HH, 60316 Frankfurt am Main (hereinafter referred to as Evalea) apply to the use of the internet-based service for employee development. Within the framework of the contractual relationship with Evalea, users are given the technical possibility and the authorization to access the software, which is hosted on a server of Hetzner Online AG in Nuremberg, via the Internet and to use the service within the framework of these provisions.

1.2. The following terms and conditions apply exclusively to all first, current and future transactions concluded or concluded with Evalea. Evalea does not recognize any terms and conditions of the User that deviate from these T These do not become part of the contract even if Evalea does not expressly object to them.

1.3. Evalea’s software solution is aimed exclusively at entrepreneurs within the meaning of the legal regulation of §14 (1) BGB.

2. Registration

2.1. The use of the software requires registration of the user. When registering, the user is obliged to provide true, up-to-date and complete information in accordance with the requirements of the registration form and to keep his information up to date at all times. The User warrants that all transmitted data and content about the Company is correct, legally permissible and free of third-party rights. The use of pseudonyms is not permitted.

2.2. By submitting the data, the User submits an offer to Evalea to conclude a contract based on these Terms of Use. The User’s admission to use the Platform is only valid upon confirmation of the registration by Evalea. For this purpose, Evalea may require that the activation must be confirmed by clicking on a link sent by email within a defined period of time. If confirmation is not provided, Evalea GmbH is entitled to terminate the user relationship extraordinarily without notice and to delete the user account with all existing data. The user is not entitled to access.

2.3. The User is aware that legal declarations (e.g. changes to the GTC, invoices or other notifications) may be sent to him by e-mail. These are deemed to have been received if, under normal circumstances, they can be retrieved in the e-mail inbox of the e-mail address provided by the user during registration.

2.4. After registration, a personalized user account is set up for each user. To this end, the user must choose a user name and password (hereinafter referred to as access data) when registering and provide the information required for the use of the system.

3. Conclusion of Contract

3.1. The subject matter of the contract results from these GTC, as well as from the provisions made in the service descriptions and price lists.

3.2. By selecting a package to use the paid software during or after the end of the trial period or free membership, a contract for the selected package is concluded. At the end of the test phase, the package-based contract period begins.

3.3. Evalea will activate the user’s access account and send the corresponding invoice to the user within a reasonable time after ordering. With regard to the payment modalities, reference is made to clause 8.

4. Right of use

4.1. The User is granted a non-exclusive right to access the Software via the Internet and to use the functionalities associated with the System in accordance with this Agreement, for a limited period of time for the term of this Agreement. The user does not receive any additional rights, in particular to the software and its technology.

4.2. The right of use referred to in (1) includes new versions and updates of Evalea developed during the term. However, there is no entitlement to the further development of the software.

4.3. The User shall not be entitled to use the Software beyond the use permitted by this Agreement, to have it used by third parties or to make it available to third parties. In particular, users are not permitted to reproduce, sell or transfer the system or parts of it for a limited period of time, and in particular not to rent or lend it.

4.4. The User is prohibited from actions that are likely to impair the functionality of Evalea’s services, the application and infrastructure (e.g. scripts, robots, crawlers), as well as actions that violate legal and official regulations and violate the rights of third parties

5. Data protection and data security

5.1. Both parties will comply with the applicable data protection regulations, in particular those applicable in Germany, and will oblige their employees deployed in connection with the contract to maintain data secrecy, insofar as they are not already generally obliged to do so.

5.2. If the User collects, processes or uses personal data himself or through Evalea, he or she is responsible for the fact that he is entitled to do so in accordance with the applicable regulations, in particular data protection law, and is liable to the Provider for damages incurred by the Provider as a result of a violation by the Customer.

5.3. The application, server and operating software as well as other system components of the evaluation system are operated by third parties in the data center. Evalea may subcontract, but must impose appropriate regulations on the subcontractor.

5.4. Evalea takes the technical and organizational security precautions and measures to protect the data.

5.5. Further details on data protection will be provided in the Privacy policy regulated.

6. Duties and obligations of the user

The User shall fulfil the obligations relating to the provision and processing of services under this contract. In particular, it will:

6.1. pay the agreed prices on time. For each direct debit that is not redeemed or returned, the user must reimburse Evalea for the costs incurred to the extent that he is responsible for the event that triggered the costs;

6.2. to protect the access data assigned to it from access by third parties and not to pass them on to unauthorized users. Accordingly, the User is fully responsible for all activities carried out by third parties who have gained access to their access data;

6.3. ensure that all industrial property rights and copyrights are observed (e.g. when transferring data of third parties to Evalea’s servers);

6.4. obtain the necessary consent of the respective data subject, insofar as he/she collects, processes or uses personal data in the context of the use of the software and no statutory permission applies;

6.5. not misuse the system or allow it to be used, in particular not transmit any information offers with illegal or immoral content or refer to such information that serves to incite hatred, instructs to commit crimes or glorifies or trivialises violence, is sexually offensive or pornographic, is likely to seriously endanger children or adolescents morally or impair their well-being or could damage the reputation of Evalea;

6.6. refrain from attempting to access information or data without authorization, either or through unauthorized third parties, or to interfere or cause to interfere with programs operated by Evalea, or to penetrate Evalea’s data networks without authorization;

6.7. Indemnify Evalea against all claims by third parties that are based on an unlawful use of the Services by the User or are made with the User’s approval. If the user recognizes or must recognize that such a violation is imminent, there is an obligation to inform Evalea immediately.

7. Use in breach of contract

7.1. Evalea is entitled to block access to the Platform and to its data in the event of an unlawful breach by the User of any of the essential obligations set out in this Agreement. Access will only be restored if the violation of the material obligation in question has been permanently eliminated or the risk of recurrence has been ensured by issuing an appropriate cease-and-desist declaration to Evalea that is punishable by criminal law. In this case, the user remains obliged to pay outstanding invoices.

7.2. Evalea is entitled to delete the affected data in the event of a violation of 6.3, 6.4 or 6.5.

7.3. If there is a culpable violation by the User in cases 7.1 and 7.2, the User is obliged to pay damages. The damages shall be assessed higher or lower if Evalea proves a higher or the User a lesser damage; the user can also prove that there is no damage. Evalea reserves the right to assert other claims for damages.

8. Terms of payment

8.1. Evalea will invoice the User electronically or by post to the address provided by the User. Unless otherwise stated or no statutory sales tax is due, prices are subject to statutory VAT.

8.2. The fee for the use of the Software is payable in full in advance for the respective booked period or volume, starting on the day of operational provision.

8.3. Other prices are to be paid after the service has been rendered.

8.4. If payment is made by invoice, the invoice amount must be credited to the account specified in the invoice no later than the fourteenth day after receipt of the invoice. Evalea reserves the right to otherwise block the User’s user account and to provide further services only after the outstanding payment has been made. If an invoice cannot be collected for reasons for which the user is responsible, the user bears the resulting costs.

8.5 The User is obliged to keep the personal data required for the selected payment method up to date at all times in order to ensure smooth payment processing.

8.6 Unless otherwise agreed, fees and other costs incurred by the payment of the fee (e.g. transfer fees) shall be borne by the User.

9. Delay

9.1. In the event of a non-negligible delay in payment by the User that extends over more than two weeks, Evalea is entitled to block access to the system until the outstanding invoice amount has been settled. In this case, the user remains obliged to pay the invoice.

9.2. If the User is in default with the payment of the fee within a period of more than two months, Evalea is entitled to terminate the contract without notice and to demand liquidated damages due immediately in one sum

9.3. Evalea reserves the right to assert further claims due to late payment.

9.4. If Evalea is in default with the operational provision, liability shall be governed by 12. The User is only entitled to terminate the contract in accordance with Section 543 (2) sentence 1 no. 1 of the German Civil Code (BGB) if the User sets Evalea a reasonable grace period and Evalea does not comply with it.

10. Termination / deletion of the user account

10.1. The usage packages in the Premium category are automatically extended by their agreed term if the user does not cancel in text form (in writing or by e-mail) with a notice period of two weeks to the end of the month before the end of the month. The notice of termination must be addressed to:

Evalea GmbH
Sandweg 6HH
60316 Frankfurt am Main
info@evalea.de

10.2. After the end of the contract as a result of termination or expiry of time, Evalea will close the User’s account. The User may terminate their User Account at any time, including before the expiry of time, by requesting Evalea to delete it in writing or by e-mail; however, the deletion does not release the user from any contractual obligations.

10.3. After the user account has been terminated, Evalea deletes all associated user data within a few days, but with the exception of the contract-relevant data and not before the contract is processed or the contract ends of the booked package. After termination, the user can no longer access his user account and may no longer be able to use other analyses

11. Availability and disruptions

11.1 Evalea reserves the right to adjust the range of services and the associated prices at any time. There is no entitlement to the retention of certain (partial) services beyond the agreed period of use. If such a change to the range of services is planned, the user will be informed of this with a reasonable period of time. Changes to a fee-based service or to the price due for it are only permissible during the agreed period of use if they do not restrict the services for the user.

11.2. Evalea has the right to temporarily interrupt or restrict access to the system in order to carry out maintenance work. This work does not have to be announced to the user.

11.3 Evalea must immediately eliminate malfunctions within the scope of technical and operational possibilities. The user is obliged to notify Evalea immediately of any malfunctions that are recognizable to him. If the fault is not eliminated within a reasonable period of time, the user must set Evalea a reasonable grace period.

12. Reference

Evalea is entitled to use the name or company name of the user as a reference to third parties. This applies in particular to the use of the user’s company logo and the mention of his name or company name on websites, brochures and other documents of Evalea. This does not create an obligation for Evalea to publish. If no mention or announcement is to be made, the user must inform Evalea in writing or by email.

13. Liability

13.1. In order to use the system, it is necessary to use certain technical systems, such as terminal equipment, software programs, transmission channels, telecommunications and other services of third parties, which may incur further costs for the user, in particular connection fees. Evalea does not provide such terminal equipment, software programs, transmission methods, telecommunications and other services and does not assume any liability, warranty or costs incurred for them.

13.2. In the event of intent or gross negligence, Evalea shall be liable to the user for all damages caused by it, as well as its legal representatives or vicarious agents.

13.3. In all other respects, Evalea is only liable to the extent that it has culpably violated a material contractual obligation (cardinal obligation). In these cases, liability is limited to compensation for the foreseeable, typically occurring damage.

13.4. Evalea’s strict liability for damages (§536a BGB) for defects existing at the time of conclusion of the contract is excluded. 12.3 and 12.4 remain unaffected.

14. Force majeure

14.1. Evalea is released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of force majeure circumstances after the conclusion of the contract.

14.2. Circumstances of force majeure include, for example, war, strikes, riots, expropriations, cardinal changes in the law, storms, floods and other natural disasters, as well as other circumstances for which Evalea is not responsible. In particular, water intrusion, power outages and interruptions or destruction of data-carrying pipes are considered as such.

15. Final Provisions

15.1. If Evalea makes documents available in several languages, the German version always takes precedence.

15.2. The User may only transfer the rights and obligations arising from this Agreement to third parties with the prior written consent of Evalea.

15.3. The place of performance for all services is Frankfurt am Main.

15.4. German law applies to the contractual relationships.

15.5. The exclusive place of jurisdiction for all disputes arising from this contract is Frankfurt am Main.

15.6. Should individual provisions of these T be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Evalea GmbH, Frankfurt am Main