Terms and Conditions & Terms of Use

§ 1 Scope, Definitions

(1) For the usage contract relationship between the provider Loci ML GmbH, Julius-Hatry-Straße 1, 68163 Mannheim (hereinafter "provider") and the user (hereinafter "user") only the following terms of use apply in the version valid at the time the services of the provider are used. Deviating general terms and conditions of the user are not recognized unless the provider expressly agrees to their validity in writing.
(2) The provider offers a software-based solution for generating an interface for the image classification (hereinafter: "Loci ML").
(3) The user is a consumer within the meaning of Section 13 of the German Civil Code (BGB), insofar as the purpose of use cannot be attributed primarily to his commercial or independent professional activity. In contrast, according to § 14 BGB, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.

§ 2 Use of Loci ML

(1) The use of Loci ML requires registration on the website. Reference is made to the data protection declaration in this regard.
(2) The provider can expand the scope of use at any time without the consent of the user being required. In the event of a restriction, advance notice will be given 30 days in advance of the restriction taking effect. If the user does not object within the deadline, the change is considered accepted. In the event of an objection, both sides have a special right of termination.
(3) The provider makes every effort, but offers no guarantee that Loci ML will be updated and improved. There is no entitlement to updates. The user is responsible for installing a compatible browser version.
(4) The user is not entitled to any compensation if there is a failure or exploitable security gaps in Loci ML and this is not the responsibility of the provider.

§ 3 Conclusion of contract

(1) The user can choose from various fee-based packages and sign up for a membership to use Loci ML. The user submits a binding application to conclude the fee-based user contract via the “Buy now” button.
(2) The provider then sends an order confirmation tot he user by email. The text of the contract is saved in compliance with data protection.
(3) The user must ensure that the emails sent by the provider can be delivered. In particular, attention must be paid to typing errors in the e-mail address given when ordering and the spam folder in the e-mail inbox should be checked regularly when the booking was made.
(4) The contract is concluded in German or English.

§ 3a Term, Termination

(1) The contract runs for one month and is extended by a further month, if this is not terminated with a notice period of 14 days to the end of the month.
(2) The extraordinary termination for an important reason remains unaffected.
(3) The receipt of the notice of termination is decisive for the time of termination. Text form or electronic form is sufficient for termination.

§ 3b Free beta phase

(1) The provider offers a beta phase. In deviation from § 3 and § 3a, no fee-based membership is concluded during this phase and the beta can be ended at any time. There are no fees for the user.
(2) The provider is entitled to end the beta at any time without prior notice. In this case, there is no automatic transfer to a paid model.
(3) The beta is also used to evaluate errors in Loci ML. In deviation to Section 7, warranty claims are therefore ruled out during this period.

§ 4 Obligations of the user

(1) The user assures that the information provided during registration is correct. Registration with third-party data is not permitted. Transferring the account to third parties is not permitted.
(2) The user is responsible for compliance with the legal provisions when using Loci ML and releases the provider from claims by third parties and state institutions in this regard.
(3) It is forbidden to use the system for misuse (e.g. flooding, false information, DDoS, fake accounts).
(4) It is forbidden to use Loci ML for illegal activities.

§ 5 Blocking / deletion of the account

(1) The provider reserves the right to temporarily or permanently block a user's account if the user violates the obligations from Section 4 or otherwise acts contrary to his obligations.
(2) In the event of deletion, there is no entitlement to restoration of previous data by the provider. The deletion cannot be undone.

§ 6 Liability of the provider

(1) Claims of the user for damages are excluded. Excluded from this are claims for damages by the user from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical of the contract, if this was caused simply by negligence, unless it concerns claims for damages by the user resulting from injury to life, body or health.
(3) The provider is not liable to entrepreneurs for lost profits. There is no guarantee of success for the image classification with Loci ML.
(4) The restrictions of paragraphs 1 to 3 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(5) The limitations of liability resulting from paragraphs 1 to 3 do not apply if the provider fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the user have made an agreement on the nature of the item.

§ 7 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions. The warranty is shortened to 12 months for entrepreneurs.
(2) If the user is an entrepreneur, in order to maintain the user's claims for defects, defects must be reported to the provider in writing immediately, but no later than two weeks after delivery. The defective items are to be kept ready for inspection by the provider in the condition in which they were at the time the defect was discovered.
(3) There is no additional guarantee

§ 8 Payment modalities

(1) The user can make the payment by direct debit or by Stripe, unless otherwise stated on the provider's website. Reference is made to the data protection regulations of the external payment providers. The user can see this in the privacy policy on the provider's website.
(2) Payment of the monthly price is due monthly in advance. If the due date of the payment is determined according to the calendar, the user is already in default by missing the date. In this case, he has to pay the provider default interest of 5 percentage points above the base rate for the year. If the user is an entrepreneur, the default interest is 9 percentage points above the base rate.
(3) The obligation of the user to pay default interest does not exclude the assertion of further default damages by the provider. Charges for return debits are borne by the user.
(4) The user is only entitled to offset against the provider if his counterclaims have been legally established, are undisputed or have been recognized by the provider. The user may only exercise a right of retention if the counterclaim is based on the same contractual relationship.

§ 9 Copyrights / Third Party Rights

(1) The copyright to Loci ML remains with the provider. Subject to full payment of the remuneration, the user is granted the right to use it, which is limited to the duration of use.
(2) The user is prohibited from licensing Loci ML, passing it on to third parties or distributing it. Furthermore, it is forbidden to reproduce the source code of Loci ML.
(3) If the user transmits content via Loci ML, he assures that he has all the necessary rights to this content. If the provider is sued by third parties for infringement of property rights, the user releases the provider from third party claims.

§ 10 Reference

The provider is entitled to indicate the user as a reference free of charge on the website and in social networks, unless otherwise expressly agreed and provided the user is an entrepreneur.

§ 11 Confidentiality

(1) "Confidential information" is all information, files and documents about business transactions of the other party that are known to the other party.
(2) Both parties undertake to keep confidential information pertaining to the other party confidential and to use this only for the execution of this contract and the intended purpose.
(3) Both parties undertake to impose confidentiality obligations on all employees and / or third parties who have access to the aforementioned business transactions.
(4) The confidentiality obligation according to Paragraph 2 does not apply to information
a) that were already known to the other party when the contract was concluded,
b) which were already published at the time of disclosure by the party without this being due to a breach of confidentiality by the other party,
c) which the other party has expressly released in writing for disclosure,
d) which the other party has received lawfully and without any restrictions relating to confidentiality from other sources, provided that the disclosure and use of this confidential information does not violate contractual agreements, statutory provisions or official orders,
e) which the other party developed itself without access to the client's confidential information,
f) which must be disclosed due to legal information, information and / or publication obligations or official orders.

§ 12 Data protection

(1) The user agrees to the storage of personal data as part of the legal relationship with the provider, in compliance with data protection laws, in particular the BDSG and the GDPR. A transfer of data to third parties does not take place unless this is necessary for the implementation of the usage relationship or if consent has been given.
(2) If the user transmits personal data from third parties, he assures that the consent of the third party has been obtained. The user releases the provider from any claims by third parties in this regard.
(3) The rights of the user or the person affected by the data processing arise in particular from the following standards of the GDPR:
• Article 7, Paragraph 3 - Right to withdraw consent under data protection law
• Article 15 - Right of access of the data subject, right to confirmation and provision of a copy of personal data
• Article 16 - Right to rectification
• Article 17 - Right to cancellation ("Right to be forgotten")
• Article 18 - Right to restriction of processing
• Article 20 - Right to data portability
• Article 21 - Right to object
• Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling
• Article 77 - Right to lodge a complaint with a supervisory authority
(4) In order to exercise their rights, the user or data subject is asked to contact the provider by email or, in the event of a complaint, to contact the responsible supervisory authority.
(5) Reference is also made to the provider's privacy policy.

§ 13 Dispute Settlement

(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:
https://ec.europa.eu/consumers/odr/
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies to legal relationships between the provider and the user, excluding the UN Sales Convention. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the user as a consumer has his habitual residence, remain unaffected.
(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider and the place of performance is the provider's office.
(3 ) The terms of use remain binding in their remaining parts even if individual points are legally ineffective . In place of the ineffective points, the statutory provisions apply, if they exist. As far as this would represent an unreasonable hardship for one party , the terms of use become ineffective as a whole.
In case of deviations between the german and english version of the terms and conditions the german version prevails.

Status: October 2020