§ 1 Scope of application, providers and services

(1) These General Terms and Conditions (hereinafter “GTC“) apply to all contracts concluded between Ainovate GmbH, Große Seestraße 44, 60486 Frankfurt am Main (hereinafter “Ainovate” or “Provider“) and the customer. By concluding the contract, the customer accepts these GTC as binding, irrespective of whether the customer actually takes note of them. The GTC shall take precedence over any terms and conditions of the customer. Conflicting terms and conditions of the customer shall not become part of the contract, even without express objection, unless the provider agrees to them in text form in individual cases.

(2) The GTC shall apply in the version valid at the time of conclusion of the contract.

(3) Additions or amendments to the GTC must be made in text form in accordance with Section 126b BGB to be legally effective.

(4) The customer assures that he/she has full legal capacity or the consent of his/her legal representative when the contract is concluded.

(5) For reasons of better readability, the masculine, feminine and diverse language forms are not used simultaneously. The use of the word “customer” applies equally to all genders.

(6) The contract language is German.

(7) The services offered by us include in particular the delivery of codes and consulting in the fields of data science, statistics, machine learning and artificial intelligence, assistance in the preparation of scientific papers, texts and research in general as well as software development and courses for further education in the field of natural sciences and programming (hereinafter referred to as the “Services“).

§ 2 Formation of the contract

(1) As a rule, the contract is concluded by an offer from the provider, which the customer accepts.

(2) If the customer places an order without a prior offer from the provider, this constitutes an offer to the provider to conclude a contract. The respective contract between the provider and the customer is then only concluded by a declaration of acceptance by the provider. This takes place on the earlier of the two dates, either provision of the service or sending a declaration of acceptance or order confirmation (in particular by e-mail). The confirmation of receipt of the customer’s order does not constitute a declaration of acceptance in the aforementioned sense.

(3) The customer is advised that the provision of the agreed services does not imply the achievement of any personal, economic, commercial or other success.

(4) The customer agrees to receive invoices electronically. Electronic invoices are made available by e-mail or in the customer account on the provider’s website.

§ 3 Rights of use to the services, prohibition on passing on services, contractual penalty

(1) By providing or delivering the services, in particular the delivery of codes, the customer receives a simple right of use to these exclusively for his own purposes. In particular, the customer is strictly prohibited from using the services, especially the codes, in any way commercially (except for his own purposes) or making them available to third parties in any way whatsoever.

(2) If the customer breaches the aforementioned obligations, he shall be obliged to pay an appropriate contractual penalty, the amount of which shall be determined by the provider and the appropriateness of which shall be subject to judicial review (cf. Section 343 BGB). All further claims of the provider, in particular for damages and injunctive relief, remain unaffected. The contractual penalty shall be offset against any claim for damages.

§ 4 Prices and terms of payment

(1) Our prices include the applicable statutory VAT and do not include any shipping costs.

(2) The respective prices are to be paid to Ainovate in advance without deduction.

(3) The customer can pay for the services using the following payment methods:

– Invoice

§ 5 Liability

(1) If the Provider is unable to meet a performance deadline due to force majeure, strike, war, riot or operational disruption or closure through no fault of its own or pandemics, shall not be entitled to any claims for damages.

(2) Insofar as damage to the customer was caused by slight negligence, the provider shall have limited liability: In this respect, liability shall only exist in the event of a breach of material contractual obligations and shall be limited to the amount of typical damages foreseeable at the time of conclusion of the contract. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.

(3) In the event of demonstrable damage caused by delay, the provider shall be liable for a maximum of 5% of the agreed price (upper limit), provided that the damage caused by delay was caused by slight negligence on the part of the provider. If the customer has suffered a lower damage caused by delay, he can only claim this from the provider.

(4) The limitation of liability is excluded if the provider fraudulently conceals a defect, in the event of injury to life, limb or health, if the injury was caused intentionally or through gross negligence and in the event of liability under the Product Liability Act.

(5) The Contractor shall not be liable to the Customer for damages incurred by the Customer as a result of a breach of any obligation. agreed obligation to cooperate.

§ 6 Offsetting and right of retention

(1) The customer shall only be entitled to set-off if the customer’s counterclaim has been legally established or has not been disputed by the provider.

(2) The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

§ 7 Data protection

(1) Insofar as personal data (e.g. name, address, e-mail address) is collected, the provider shall comply with all obligations under data protection law. The provider undertakes not to pass on any data to third parties unless the customer has given prior consent.

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. The liability of the provider is excluded in this respect.

(3) The customer has the right to receive information from Ainovate at any time, in full and free of charge, about the data relating to the customer.

(4) Furthermore, the customer has the right to rectification/deletion of data/restriction of processing.

(5) Further information on data protection can be found in the separate privacy policy.

§ 8 Place of jurisdiction and applicable law

(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

§ 9 Final provisions

(1) The provider reserves the right to make changes to its website, rules and conditions, including these GTC, at any time. The contractual relationship with the customer shall be governed by the provisions in force at the time of your order, unless a change to these terms and conditions is required by law or official order (in which case they shall also apply to orders that you have previously placed).

(2) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.