- The customer portal is aimed exclusively at our customers and their employees (users) who use INFORM products with a corresponding maintenance contract. The customer portal thus serves exclusively business purposes and is therefore only intended for companies and not for consumers.
2. Description of Services
- INFORM provides its customers and the users with product-specific information additionally and free of charge online via the customer portal. The information is being offered to users in connection with the purchase of INFORM's ADD*ONE and INVENT XPERT products.
- Each user receives an own account. Access approval and deletion of user accounts is carried out by INFORM. Users must register on the customer portal. INFORM verifies upon registration whether the prerequisites for using the customer portal exist. Only after verification by INFORM, the user receives an e-mail with a link to confirm the account. As soon as the requirements for the use of the customer portal are not (or no longer) met, the account will be deleted or blocked immediately.
- There is no entitlement to the operation of and access to the customer portal. The customer portal is an additional, voluntary offer of INFORM, to which INFORM is not obliged. INFORM therefore reserves the right to cease offers on the customer portal or the customer portal in whole or in part at any time.
3. Conditions and Restrictions of Use
- Prerequisite for using the customer portal is the existence of a current maintenance contract. Furthermore, access is limited to those employees who use INFORM's ADD*ONE and INVENT XPERT products.
In particular, users do not have permission to
- copy, modify, adapt, translate, distribute, sublicense, market, lease, make available to third parties, resell, create derivative works from, or disassemble any portion of the customer portal or the intellectual property contained therein, recompile or reverse engineer, or otherwise reduce to a human-perceivable form, or research or disclose the source code, methods and concepts contained therein, except as permitted by applicable law notwithstanding any contractual prohibitions;
- store, distribute, post, upload or transmit any content through the customer portal that violates the privacy rights of any third party or is reasonably believed to be infringing, unlawful or in violation of such rights;
- introduce any virus, worm, malware, spyware, Trojan or other harmful or malicious code to the customer portal;
- intentionally disrupt or interrupt the integrity or performance of the customer portal;
- access and use the customer portal for any purpose other than the intended one;
- interfere with any labels on the customer portal that refer to INFORM or to its trademarks or logos;
- use the customer portal for the purpose of direct marketing or advertising;
- use the customer portal to store or transmit (i) sensitive personal data as defined in the General Data Protection Regulation (GDPR), (ii) health data, (iii) trade secrets, (iv) information subject to payment card industry data security standards, or (v) any matter subject to export controls; or
- use the customer portal for any illegal, unauthorized or otherwise improper purpose.
- Furthermore, any action that is likely to impair the continuous operation of the customer portal is prohibited. If you become aware of any illegal, abusive, non-contractual or otherwise unauthorized use of the customer portal, please contact [email@example.com]. INFORM will then examine the activity and, if necessary, take the appropriate actions.
If there is a suspicion of illegal or punishable actions, INFORM is entitled and, if necessary, also obliged to review the activities of the users and, if necessary, to take appropriate legal actions. This may also include forwarding the facts of the case to the investigating authorities.
- Access data including the password shall be kept secret by the users and shall not be made accessible to unauthorized third parties. It is also the responsibility of the users to ensure that access to the customer portal and to the release notes referenced therein and the use of the information available on the customer portal is made exclusively by authorized users. If it is feared that unauthorized third parties have gained or will gain knowledge of access data, INFORM shall be informed immediately. The user shall be liable for any use and/or other activity carried out under the user´s access data according to the statutory provisions.
4. Links to Third Party Web Sites
The customer portal may contain links to other web sites operated by third parties. INFORM has no control over the content and practices of these other web sites and makes no representation or warranty as to their completeness, accuracy, legality or timeliness. The provision of these links does not imply that INFORM endorses those web sites, the content thereon, their owners or their practices, nor that INFORM has reviewed them for completeness, accuracy or legality, and you acknowledge that INFORM is not responsible for the content or availability of such web sites.
5. Copyright and Ownership
- All copyrights, trademarks, and other intellectual property rights in the information (including but not limited to product descriptions, design, text and graphics) are either owned by INFORM, licensed to INFORM or used in other legally permissible ways by INFORM. INFORM is exclusively entitled to the rights of use and exploitation thereof unless rights of use have been expressly granted. INFORM reserves all rights.
- If content is posted by users within the scope of using the customer portal, the user must ensure that this does not infringe any third-party rights and that the authorization exists to grant the rights granted herein to this content.
6. Rights of Use
- If content is posted by users, INFORM is granted all necessary rights to this content for the operation of the customer portal. INFORM is granted a free and transferable right of use to the respective content. This includes in particular the right
- to store the contents on servers of INFORM and its contracted subcontractors, to publish them as well as to make them publicly accessible, as far as this is necessary in the context of providing the services;
- to edit and reproduce, to the extend as this is necessary for the provision or publication of the respective content, and
- to grant rights of use to third parties in respect of the content in accordance with this clause 6.
Users are fully responsible for the content they post. INFORM does not review the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
You therefore represent and warrant to INFORM that you are the sole owner of all rights to the content you post on the customer portal, or are otherwise authorized (such as but not limited to an effective permission from the rights holder) to post the content on the customer portal and to grant the rights of use and exploitation under this section.
The customer portal is provided on an "as is" and "as available" basis, without any express or implied warranties or representations of any kind by INFORM, including but not limited to warranties as to quality of service, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. INFORM does not warrant that the customer portal will be uninterrupted or error-free. In particular, INFORM does not owe any specific success or result.
In the event that damage is caused by the use of the customer portal provided free of charge, INFORM shall only be liable in this respect for intentional (including fraudulent intent) and grossly negligent breaches of duty, for damage arising from injury to life, bodily injury or damage to health, and only insofar as the damage has arisen due to the contractual use of the customer portal. Liability for consequential damages and lost profits is excluded.
In the event that services are provided against payment, INFORM shall be liable for damages for any legal reason only in accordance with the following provisions:
- Wilful misconduct and gross negligence
Unlimited liability for damages caused by the wilful misconduct or gross negligence of INFORM or its vicarious agents (“Erfüllungsgehilfen”) or legal representatives (“gesetzliche Vertreter”).
- Personal injury
In the event of damage resulting from injury to life, body or health, liability shall be unlimited, even in the event of a negligent breach of duty (“einfach fahrlässige Pflichtverletzung”) by INFORM or a legal representative or vicarious agent of INFORM.
- Organizational fault and guarantee
Liability is also unlimited in terms of amount for damages caused by serious organisational fault of INFORM and for damage caused by the absence of a guaranteed quality (“garantierte Beschaffenheit”), guaranteed performance (“garantierter Leistungserfolg”) or the assumption of a procurement risk (“Beschaffungsrisiko”).
- Violation of essential contractual obligations (“wesentliche Vertragspflichten”)
In the case of material and financial losses caused by the negligence of INFORM and its vicarious agents or legal representatives are liable for the violation of essential contractual obligations if none of the cases mentioned above in a) to c) and in f) is given, but the amount is limited to the damage foreseeable and typical (“vorhersehbare und vertragstypische Schäden”) for the contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment characterizes the contract and on which the customer may rely.
- Disclaimer of liability
Any further liability for damages, in particular liability without fault, is excluded.
- Product Liability Act (“Produkthaftungsgesetz”)
Liability under the Product Liability Act remains unaffected.
- Contributory negligence (“Mitverschulden”)
If damage is attributable both to fault on the part of INFORM and to fault on the part of customer, customer shall have his contributory negligence taken into account.
INFORM assumes no liability for third party content and in particular its accuracy, legality and timeliness.
10. Technical Requirements
The customer is responsible for setting up the technical requirements for using the customer portal.
11. Legal Validity
12. Choice of law and place of jurisdiction