1.    Scope 

  • INFORM Institut für Operations Research und Management GmbH (Pascalstr. 35, 52076 Aachen, e-mail: info@inform-software.com; hereinafter referred to as "INFORM") provides information and documents on its own products to its customers via the Customer Portal for ADD*ONE and INVENT XPERT within the scope of these terms of use. By registering on and using our customer portal, you agree to the terms of use described herein (hereafter referred to as "Terms of Use"). In addition, you confirm that you have read and understood INFORM's Privacy Policy.
  •  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. 
  • INFORM may update and change these Terms of Use and the Privacy Policy in whole or in part at any time. If we update or change the Terms of Use, the new version will be published in the "News" section of the customer portal, which will be considered as an announcement of the change. The updated Terms of Use will become effective upon publication. If at any time you do not agree with the Terms of Use, you will not be able to use the customer portal. 

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. 
  • Users are responsible for using the customer portal only to the extent permitted in accordance with these Terms of Use and, in particular, for not using it for illegal purposes or purposes prohibited by the Terms of Use. 

    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 [kundenportal-isc@inform-software.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.
  • In the event of a breach of any provision of these Terms of Use, INFORM is entitled, at its sole discretion, to block access to the customer portal for individual users or all users of the customer with immediate effect. INFORM is not obliged to remove prohibited material and deny access to persons who violate the Terms of Use, but may do so at its sole discretion. However, INFORM reserves the right to delete, without notice, accounts that may otherwise negatively affect the quality of the platform's services. In addition, INFORM reserves all other rights. 

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 

  • The right of use is limited to access to the customer portal for the respective products ordered under the project contract for the registered users in accordance with the provisions of these Terms of Use. The users are granted a simple right of use to the information made available on the customer portal within the framework of the existing business relationship. The right of use shall only exist for the duration of the respective maintenance contract. Unless further use is expressly permitted in these Terms of Use, you are in particular prohibited from editing, modifying, translating, presenting or performing, publishing, exhibiting, reproducing or distributing, in whole or in part, the information made available on the customer portal. It is also prohibited to remove or change copyright notices, logos and other marks or protective notices. You are not entitled to download or print out any content unless such content is explicitly offered for downloading and is marked as such. You shall receive a simple, non-exclusive right of use, limited in time to the duration of the access authorization, to the content duly downloaded by you for use within the framework of the existing business relationship. In all other respects, all rights to the content remain with the original rights holder. Your mandatory statutory rights remain unaffected.
  • 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.

7.    Warranty 

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. 


8.    Liability
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.

  • Contents

    INFORM assumes no liability for third party content and in particular its accuracy, legality and timeliness.

9.    Privacy
INFORM naturally complies with the applicable data protection laws. When using the customer portal, INFORM processes personal data that is necessary for the operation of the customer portal, user registration and session management; these are name, contact details, user name and account information. The details of data processing can be found in the Privacy Policy. 


10.    Technical Requirements
The customer is responsible for setting up the technical requirements for using the customer portal.

 

11.    Legal Validity 
Should any provision of these Terms of Use be or become invalid, the legal validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic purpose intended by the parties.
  
12.    Choice of law and place of jurisdiction 
The Terms of Use are subject to German law. The place of jurisdiction is Aachen.

13.    Miscellaneous
This Terms of Use is subject to German law and is a translation of the German version. In the event of any conflict or inconsistency between this translation and the German version, the German version shall prevail. The German version of the Terms of Use are accessible by changing the language to German in the drop-down menu above.