for the Use of the OnlineServices of ID37
1.1 The provider and contractual partner for all online services available at www.id37.io is ID37 Company GmbH, Kollwitzstrasse 40, 10405 Berlin, Germany, registered at the Commercial Register of the Berlin-Charlottenburg Local Court under HRB 205303 B (hereinafter, together with the website, also referred to as "ID37"), represented by its managing directors Thomas Staller and Cornelia Kirschke.
1.2 These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the online services of ID37, which you can use as a commercial, i.e. asa so-called "Master", or non-commercial user, i.e. as a "Consumer"(hereinafter jointly referred to as "User") on ID37. The contractual service of ID37 consists in the provision of the Online Services of ID37 for use by the User.
1.3 ID37 offers the User such "Online Services" which are related to the standardized psychological personality test "ID37", which can be retrieved and completed online (hereinafter referred to as "Test") (ID37 holds a non-exclusive right of use to the Test which is unlimited in terms of time and place), such as the completion of the Test by the User and the evaluation of the test results. Everything else results from the information given on ID37.
1.4 The conclusion of the basic contract of use (the "Contract of Use") is free of charge. All other Online Services related to the Test are subject to a charge according to the current ID37 price list. Everything else regarding the costs is regulated in section 3.
1.5 These GTC also apply to future contracts between the User and ID37, which deal with the use of ID37.
2. Registration, Conclusion of Contract
2.1 In order to use the Online Services on ID37, the User must register with ID37 as a User. The User undertakes to provide correct and complete information on the data requested during registration, which must be kept up to date in the event of changes. If necessary, the User can update this data in his user account on ID37 when logged in.
2.2 ID37 does not yet contain a legally binding offer for the conclusion of a Contract of Use. A legally binding offer to conclude a Contract of Use for ID37 is only made by the User who submits this offer to ID37 by sending the completed registration form. ID37 can accept an offer made by the User to conclude the Contract of Use for the use of the Online Services of ID37within two (2) weeks. The Contract of Use is concluded when ID37, within this period, under acceptance of the offer made to ID37, sends the User confirmation of the registration with ID37 to the email address provided by the User in the registration form.
2.3 With the confirmation of the registration by ID37 via email, the Contract of Use between the User and ID37 is concluded. In the confirmation email, the User is again informed of his right of revocation in accordance with Clause 6 if he is not a commercial user (Master) but a Consumer.
2.4 Each User is only allowed to register once. If the User has forgotten his password, he can register a new password for himself using the “Forgot password?” function.
2.5 The User undertakes not to disclose the password to third parties, even upon request. ID37 points out that employees or technical service providers of ID37 are not authorized to ask the User for his password.
3. Costs and Terms of Payment
3.1 Possible costs for the use of the Online Services of ID37 result from the information given on ID37 in the current ID37 price list at the time of the conclusion of the contract of ID37, i.e. the use of the Online Services of ID37 costs the price stated there in each case. The current ID37 price list contains all the annual subscription and pay-per-use models offered by ID37 and selectable by the User, as well as the respective costs to be paid in relation to the Tests.
3.2 The User may pay the costs incurred for the use of the Online Services of ID37 initially against invoice and by bank transfer (of the invoice amount). Later it is also possible to pay by credit card. A purchase on instalments or sample purchase is not possible.
3.3 All costs stated on ID37 for the non-commercial use of ID37's Online Services (i.e. by Consumers) are final prices and include all price components including applicable taxes (e.g. sales tax); costs for the commercial use of ID37's Online Services as Master are net, i.e. plus statutory sales tax if applicable. In the international context (e.g. in theEU/Switzerland), the “reverse charge mechanism” is used.
4. Term and Termination of the Contract of Use
4.1 This Contract of Use has an indefinite term and can be terminated by either party at any time without notice, unless the parties agree on a different term within the scope of a commercial use of the Online Services of ID37 by the User as Master.
4.2 A termination of the Contract of Use requires at least text form (i.e. email is sufficient). The timeliness of a termination is determined by its receipt by the recipient. An extraordinary termination without notice for cause must take place within one (1) month after becoming aware of the respective cause for termination.
4.3 If the User does not fulfil his payment obligations towards ID37 in whole or in part, ID37 can block the user account of the User (with the effect that no more tests can be called up or completed by the User or no more evaluations of his test results can be carried out) until the outstanding payment has been received by ID37.
4.4 The User's obligation to pay shall also apply to costs incurred as a result of third parties having used ID37's Online Services via the User's user account, whether authorized or unauthorized, if the User is responsible for such use by third parties.
5. Right of Revocation
5.1 Cancellation Policy:
As a non-commercial user, i.e. as a Consumer, you have the right to revoke the contract with ID37 for the chargeable use of the Online Services ofID37 (annual subscription membership and pay-per-use models) within fourteen(14) days without giving reasons. The Contract of Use itself does not need tobe revoked, as it can be terminated at any time in accordance with Section 4.1 without notice.
The revocation period shall be fourteen (14) days from the date of conclusion of the Contract of Use for the Online Services of ID37.
In order to exercise your right of revocation, you must inform ID37, that is "us", the
ID37 Company GmbH
Telefon: +49 30 61743020
by means of a clear declaration (e.g. by letter, telephone or email sent by post) of your decision to revoke the Contract of Use.
You can use the attached or downloadable standard revocation form, which is not mandatory, however. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the 14-day revocation period.
5.2 Consequences of Revocation:
If you revoke the Contract of Use, we shall repay you all payments received from you immediately and no later than fourteen (14) days from the date on which we received notice of your revocation of the contract. We will refund your payment within fourteen (14) days of receipt of your notice of revocation.
For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no even twill you be charged for this refund
5.3 Expiry of the Right of Revocation:
The right of revocation will expire in the case of a contract for the delivery of digital content that is not on a physical medium, such as the Test or the 144 items of the Test, if ID37 has commenced the performance of the Test after you have (i) expressly agreed that ID37 will commence the performance of the Test before the expiry of the revocation period, and (ii) confirmed your knowledge that you will lose your right of revocation by agreeing to the commencement of the performance of the Test.
6. Liability, Rights and Obligations of the User
6.1 The User is entitled to the personal use of the Online Services of ID37 exclusively. The User is not allowed to pass on user data to third parties. The User shall be liable for damage arising from the fact that third parties obtain knowledge of his password through his negligent or intentional conduct. Should the User's password have been stolen or should the User become aware that his password is being used unlawfully by third parties, ID37 must be notified immediately in writing or in text form, if possible by email to email@example.com.
6.2 For the retrieval of the Online Services of ID37, the user receives a simple, non-exclusive and non-transferable right of use to the contents and results of the Online Services selected by him. Other types of use of the contents and results provided are excluded. In particular, the User is not entitled to edit the contents in any way or to make them publicly accessible to third parties or to make unlawful copies of the contents and/or reproduce them.
7. Liability, Rights and Obligations of ID37
7.1 ID37 reserves the right to extend, change and/or improve the Online Services offered at any time, provided that, in consideration of the interests of ID37, the changes are reasonable for the User. This is particularly the case if the changes present no economic disadvantages to the User, e.g. because new functionalities have been introduced.
7.2 ID37 guarantees a maximum annual average accessibility of 99% for its Online Services. This does not apply to times when the Online Services cannot be accessed via the Internet due to technical or other problems for which ID37 is not responsible.
7.3 ID37 may restrict access if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data, the interoperability of the online services or data protection so require.
8. Data Protection, Communication by email
8.2 The parties agree to communicate with each other by email on all matters relating to this contract.
9. Final Provisions
9.1 ID37 reserves the right to change these GTC at any time and without giving reasons. The changed conditions will be sent to the User bye-mail at the latest four weeks before they come into effect. If a User does not object to the validity of the new GTC within four (4) weeks after receipt of the e-mail, the amended GTC shall be deemed accepted. ID37 will separately inform the User in the email containing the amended conditions about the possibility of objection and the significance of this period.
9.2 If one or more provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions of these GTC.