GTC for the Use of the OnlineServices of ID37
1. General
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, the evaluation of the test results as well as networking with other users of ID37's Online Services. Part of the Online Services is the use of an AI-supported chatbot, which can generate general and individually tailored answers to the personality profile based on the ID37 method and the respective personality profile (hereinafter referred to as “AI Coach”). Further information is available 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 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.
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 function “Forgot password?”.
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 for the Online Services
3.1 After concluding the Contract of Use, the User has access to the Online Services that they can book by clicking on the respective button in their User account. Possible costs for the use of the Online Services of ID37 are listed on the ID37 website at the time of the conclusion of the contract with ID37, i.e. the use of the Online Services of ID37 costs the respective price stated there.
3.2 The Tests are charged based on the pay-per-use model. The price of a Test for commercial use differs from the price of a Test for non-commercial use. For cooperation partners and their users, the price of a Test agreed upon with the cooperation partner applies.
3.3 The AI Coach is available to all Users for a free trial period. The trial period begins with a click on the corresponding button in the User account. After the trial period has expired, the User can continue to use the AI Coach as part of a paid subscription at a monthly price. To do so, the User submits a legally binding offer by clicking on the corresponding button in the User profile. The subscription comes into effect when ID37 confirms the User's subscription booking by email.
3.4 The User can pay the costs incurred for using the online services of ID37 by invoice and bank transfer (of the invoice amount), by credit card or PayPal, whereby recurring payments for subscriptions are only possible by credit card and PayPal. When paying by credit card or PayPal, the payment date is the same as the order date. When using the payment service provider ‘PayPal’, the payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use which are available under www.paypal.com. This requires, among other things, that the User opens a PayPal account or already has such an account. A purchase cannot be made in instalments or on approval.
3.5 All costs stated on ID37 for the non-commercial use of ID37's Online Services (i.e. by Consumers) are final prices, insofar as further price components such as applicable taxes (e.g. sales tax) are not shown separately; 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 the EU/Switzerland), the “reverse charge mechanism” applies.
4. Term and Termination of the Contract of Use and of the Online Services
4.1 The Contract of Use has an indefinite term and can be terminated by either party at any time, 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. The term of the fee-based subscription to the AI Coach in accordance with Section 3.3 begins on the day the contract is concluded, is for one month and is automatically extended by a further month (e. g. May 11th to June 11th) if the user does not terminate it before it expires.
4.2 A termination according to section 4.1 can be issued by the User at any time by clicking on the corresponding button in the User account of ID37.
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 effects that no more Tests can be called up or completed by the User, no more evaluations of his Test results can be carried out, and the AI Coach cannot be used) 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 Withdrawal
5.1 Withdrawal Policy:
As a non-commercial user, i.e. as a Consumer, you have the right to withdraw from the contract with ID37 for the chargeable use of the Online Services of ID37 (subscription-, membership-, and pay-per-use models) within fourteen (14) days without giving reasons.
The withdrawal 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 withdrawal, you must inform ID37, that is "us", the
ID37 Company GmbH
Kollwitzstrasse 40
10405 Berlin
Germany
Phone: +49 30 61743020
Email: hello@id37.io
by means of a clear declaration (e.g. by letter, telephone or email sent by post) of your decision to withdrawal from the Contract of Use.
You can use the attached or downloadable standard withdrawal form, which is not mandatory, however. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the 14-day withdrawal period.
5.2 Consequences of Withdrawal:
After a withdrawal, 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 withdrawal. We will refund your payment within fourteen (14) days of receipt of your notice of withdrawal.
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 event will you be charged for this refund.
5.3 Expiry of the Right of Withdrawal:
The right of withdrawal becomes extinct if ID37 has commenced the performance of the respective Online Service after you have (i) expressly agreed that ID37 will commence the performance of the Online Service before the expiry of the withdrawal period, and (ii) confirmed your knowledge that you will lose your right of withdrawal 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 help@id37.io.
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.
6.3 The AI Coach is available to Users without restriction during the term of the subscription, i.e. for an unlimited number of queries. The User undertakes to use the AI Coach only for the contractual purpose and not to enter any illegal or sensitive content in the AI Coach input mask. The User acknowledges that the AI Coach's responses may be incorrect.
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. ID37 uses appropriate technical and organisational measures to protect user data from unauthorised access in the best possible way.
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
8.1 ID37 undertakes to comply with the applicable data protection regulations. ID37 will use all data of the User which becomes accessible to ID37 in connection with these GTC, exclusively for the purposes of providing the services under these GTCs; ID37 will not pass it on to third parties and will protect it against access and disclosure to third parties in accordance with the GDPR. This obligation shall continue after termination of the Contract of Use. Further information on how ID37 processes personal data can be found in our privacy policy.
8.2 The parties agree to communicate with each other by email on all matters relating to this contract. The parties acknowledge that unencrypted communication over the internet (email, instant messaging, file sharing, video chat) is not secure and that content may potentially be accessed by unauthorised third parties.
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.
