Terms and Conditions
Disclaimer: This Terms and Conditions has been machine translated. The translation may contain inaccuracies or errors and is for general information purposes only. The original of this Terms and Conditions is in German and can be provided upon request. Please note that the German version shall prevail and in case of any discrepancies between the translated version and the German version, the German version shall prevail.
Scope of Application
These terms and conditions apply to all Audienca analyses generated by services of sense.AI.tion GmbH.
Conclusion of contract
The presentation of the possibility to generate Audienca analyses represents a concrete offer on our part to conclude a contract of use. By creating it, you accept the offer and the contract is concluded.
Prices and shipping costs
The creation of an Audienca analysis is not associated with any costs for you.
Delivery
(1) The delivery takes place directly after the creation on a WEB page.
(2) If force majeure (natural disasters, war, civil war, terrorist attack, energy rationing) makes delivery impossible, sense.AI.tion GmbH’s obligation to perform is excluded.
(3) sense.AI.tion GmbH may also refuse performance if such performance would require an effort that is grossly disproportionate to the Customer’s interest in fulfilling the usage agreement, taking into account the content of the usage agreement and the principles of good faith.
(4) sense.AI.tion GmbH may refuse performance in the event of misuse of the service.
Liability
(1) In the event of slight negligence, sense.AI.tion GmbH shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. sense.AI.tion GmbH shall not be liable for any other damage caused by slight negligence due to a defect in the Service.
(2) Irrespective of any fault on the part of sense.AI.tion GmbH, sense.AI.tion GmbH’s liability shall remain unaffected in the event of fraudulent concealment of a defect or the assumption of a warranty. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by sense.AI.tion GmbH.
(3) The personal liability of sense.AI.tion GmbH’s legal representatives, vicarious agents and employees for damages caused by them due to slight negligence is excluded.
Applicable law
The contract concluded between you and sense.AI.tion GmbH shall be governed exclusively by the laws of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Germany.
Dispute resolution
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.