Terms and conditions
GENERAL TERMS AND CONDITIONS
Version of 26/02/2020
PREAMBLE
These General Terms and Conditions apply to all use of the Service and to all contractual relationships entered into between the ADVANEO company and its CUSTOMERS on the website accessible at the following address: https://www.advaneo-datamarketplace.de, i.e. between:
Company of Advaneo GmbH, with its registered office at Neuer Zollhof 2, 40221 Düsseldorf, Germany, registered with the Düsseldorf District Court in the Commercial Register under number HRB 78478, represented by its acting legal representative (hereinafter referred to as “ADVANEO”) and any legal entity that wishes to use one or more of the Services offered by ADVANEO in its capacity as a professional, private or public user.
In order to use the services offered by ADVANEO on the PORTAL, the CUSTOMER must read and accept these General Terms and Conditions without restriction. This acceptance is automatic when the CUSTOMER opens an account on the WEBSITE.
DEFINITIONS
For the purposes of these Terms and Conditions, the following terms have the following definition when written in capital letters.
SUBSCRIPTION: Refers to the offer by which the CUSTOMER-SUPPLIER offers the CUSTOMER-BUYER the recurring delivery of FILES of the same format for a term and periodicity defined in the contract.
CUSTOMER: refers to the user of the website who uses it as a professional user, legal entity under private or public law or as a natural person for profit. Excluded are persons in their capacity as consumers. The legal entity Customer who has signed additional services provided on the PORTAL in the course of his professional activity undertakes to use it in accordance with the provisions of these General Conditions. The CUSTOMER legal entity is represented by a natural person duly authorised for the purposes of the present agreement.
The CUSTOMER SUPPLIER is the CUSTOMER who places an OFFER online.
CUSTOMER-BUYER is the CUSTOMER who accepts an offer.
API: refers to the interface through which a CUSTOMER-BUYER can access the data provided by the CUSTOMER-SUPPLIER in real time.
PROVISION: Refers to any sum collected by ADVANEO in return for the SERVICE.
CONTRACT: Refers to the TRANSACTION agreement between the CUSTOMER SUPPLIER and the CUSTOMER BUYER, ADVANEO is not involved in this TRANSACTION. It is expressly agreed and accepted by the CUSTOMER that this is a licence FILE AGREEMENT and not a sale, with the legal consequences resulting therefrom.
PERSONAL DATA: Refers to any information relating to an identified or identifiable natural person (data subject).
FILE: Refers to the FILE(s) containing data uploaded by the CUSTOMER SUPPLIER on the WEBSITE represented by metadata and accessible in this form on the WEBSITE. The FILES may contain PERSONAL DATA if expressly stated by the CUSTOMER SUPPLIER.
OFFER: Refers to the offer of one or more FILES offered by the CUSTOMER SUPPLIER on the PORTAL at a specific PRICE; further, it refers to the offer to make the data available.
PORTAL: Refers to the PORTAL managed by ADVANEO on which the OFFER, the acceptance of which leads to the CONTRACT, is displayed.
PRICE: Refers to the PRICE agreed between the CUSTOMER-SUPPLIER and the CUSTOMER-BUYER for the FILE provided, without PROVISION. In the context of a subscription, the price is charged monthly.
SERVICE: Refers to all services offered by ADVANEO.
WEBSITE: Refers to the website published by ADVANEO, which can be accessed at the following address: https://www.advaneo-datamarketplace.de.
TRANSACTION: Refers to the TRANSACTIONS concluded between the CUSTOMER-SUPPLIER and the CUSTOMER-BUYER via the SERVICE offered by ADVANEO.
1 – Purpose
These general terms and conditions are intended to describe the SERVICES offered by ADVANEO and the terms of use of the PORTAL as well as the legal and financial conditions of the SERVICES offered by ADVANEO to the CUSTOMER.
2 – Legal documentation
These general terms and conditions and, if applicable, special conditions and/or appendices placed online by ADVANEO are valid for the contractual relationship between the CUSTOMER and ADVANEO to the exclusion of all other conditions, including those of the CUSTOMER.
By registering on the WEBSITE, the CUSTOMER confirms that they have read all the clauses and conditions of these General Terms and Conditions and the Privacy Policy and accepts them without reservation.
3 – Access to WEBSITE and PORTAL
ADVANEO undertakes to use all means in its power to provide the CUSTOMER with reliable and fast access to the WEBSITE, PORTAL and SERVICES. The WEBSITE, the PORTAL and the SERVICE offered are available 24/7, subject to accidental interruptions or interruptions necessary for the proper functioning of the SERVICE, such as maintenance operations. Any such eventual interruption shall not give rise to any compensation. A service hotline, limited to the use of the SERVICE, is available to CUSTOMERS at the following e-mail address: .
4 – Location and security of the ADVANEO infrastructure
The infrastructures hosting the Service and storing the CUSTOMER DATA are located within the European Union, North America, South America and Asia. Any CUSTOMER may request a change in the location of its CUSTOMER FILES.
ADVANEO shall make every effort and take all security measures within its power to prevent unauthorised access to the infrastructure on which the CUSTOMERS’ DATA are stored.
5 – Description of the SERVICES offered by ADVANEO
ADVANEO provides a BROKER SERVICE between BUSINESS CLIENTS with a view to concluding a LICENSE AGREEMENT for a FILE or API. The SERVICE proposed by ADVANEO is reserved exclusively for legal entities under private or public law or natural persons using it for profit.
As a broker, ADVANEO is not part of the contract concluded between the CUSTOMERS. Likewise, DATA and APIs placed online on the PORTAL by the CUSTOMER SUPPLIER remain the property of the latter.
ADVANEO provides exclusively the technical implementation of the service, consisting of
The service includes a range of tools and interactive interfaces which are offered free of charge to ADVANEO’s PORTAL customers and enable the latter to use the service:
The TRANSACTION carried out via the SERVICE is governed by a CONTRACT, concluded directly between the CUSTOMER SUPPLIER and the CUSTOMER BUYER, in which ADVANEO is not involved. This TRANSACTION results in the payment of a PROVISION to ADVANEO.
For this reason, the CUSTOMER confirms that they have verified the adequacy to their needs of the SERVICE offered by ADVANEO and that they have received all the information and advice necessary for the informed conclusion of the TRANSACTION.
5.1 Subscriptions and services offered
ADVANEO offers various formats (Free, Premium, Small Business, Enterprise) for which the customer can register against payment of the offer submitted by ADVANEO and accepted by the customer.
Unless the parties have agreed otherwise, the customer may subscribe to a higher offer level against payment of the price stated in the offer if the usage quotas of the PORTAL as defined in the subscribed offer are reached. Otherwise, access to the functions of the PORTAL is restricted as stated in the offer.
6 – Creation of a customer account
In order to access the ADVANEO SERVICES, each CUSTOMER must create a customer account containing their contact details, their identification elements and updates, as well as, if necessary, their precise banking details and the documents requested by the payment portal in connection with the fight against money laundering. In the event of a change in this information, it must be updated immediately by the CUSTOMER.
The CUSTOMER may cancel their registration with PLATTFORM at any time by deleting his or her their customer account as described in the Privacy Policy.
The customer accounts can be checked by ADVANEO.
ADVANEO can offer different types of accounts (Free, Premium …) depending on the specific needs of the CUSTOMERS. These services proposed according to the type of account can be found in the pricing overview.
The customer is obliged to provide sufficient cover for the agreed direct debit account.
In order to access the Service, the CUSTOMER must use, on their own responsibility, the account ID and password that they provides when opening their account. The CUSTOMER is solely responsible for any authorized or unauthorized activity or action on their account.
In connection with the use of the PORTAL, the customer agrees to correspondence by e-mail and will always provide a current e-mail address. The customer is aware that information essential for the provision of services, such as access data, information on changes to services and legal conditions, as well as information on service impairments and maintenance work, will be sent exclusively by e-mail.
The CUSTOMER must notify ADVANEO of the loss, theft or misuse of their ID and/or password or any fraudulent activity on their customer account and ADVANEO may then suspend the use of the affected customer account.
7 – Submission, visibility and price of offers
The CUSTOMER may submit different types of OFFERS:
The OFFERS are placed on the PORTAL under a heading freely chosen by CUSTOMER-SUPPLIER together with a technical description.
The CUSTOMERS can visualise the OFFER by means of data visualisation tools and a data sample that is included in the FILE or set up and provided by ADVANEO. The CUSTOMER SUPPLIER has the option of specifying whether or not to hide certain data from the data sample.
The CUSTOMERS have the possibility to add a sample file to their offer for testing purposes. This should be structurally exemplary for the raw data contained in the OFFER.
If the FILE contains personal data and the CUSTOMER SUPPLIER has signalled this to ADVANEO, this data can be hidden in the data example created by ADVANEO.
The CUSTOMER may also remove the OFFER at his own discretion. ADVANEO may also remove the OFFER and will inform the CUSTOMER accordingly.
The PLATTFORM is not a backup system: CUSTOMERS must make backups of the FILES on reliable and durable data carriers before they are put online.
The CUSTOMER is responsible for ensuring that the FILES belonging to the posted OFFERS are always available and up-to-date according to the information provided.
8 – Validation of the TRANSACTION – CONCLUSION OF CONTRACT
The parameters of the contract can be adjusted by the CUSTOMER-SUPPLIER on his own responsibility and according to his needs according to his offer options.
The transaction is deemed to be definitively confirmed as soon as the CUSTOMER-BUYER accepts the offer conditions set out in the contract regarding the purpose and price of the transaction. Therefore the CUSTOMER-BUYER must read the contract before confirming the transaction and making the payment. The CUSTOMER-BUYER confirms the transaction by clicking on the “BUY” button or the “RECEIVE” button. This generates the final version of the contract between the CUSTOMER-SUPPLIER and the CUSTOMER-BUYER. This contract is valid without a handwritten signature, both customers keep a copy of the contract in their documents under their own responsibility.
The CUSTOMER-BUYER must make payment of the transaction price within 30 (thirty) days of confirmation of the transaction. Otherwise, the transaction will be automatically cancelled.
The CUSTOMER may withdraw their OFFER at their own discretion. ADVANEO reserves the right to refuse or withdraw offers for FILES with a special risk, especially if they contain SENSITIVE PERSONAL DATA. ADVANEO will inform the CUSTOMER accordingly.
Thus, CUSTOMERS may, at their sole responsibility, adapt, modify and/or complete certain clauses of the contract according to their needs and the specificities of the transaction in question.
9 – Cost of the SERVICE
9.1 Transaction commissions
ADVANEO offers its SERVICES against payment of a PROVISION, which is charged to the CUSTOMER. Details are described in the price list. The PROVISION is payable in Euros and is due immediately upon validation of the TRANSACTION.
The CUSTOMER shall pay the agreed fees according to the price overview plus value added tax at the respective legally determined rate.
The PROVISION as well as any bank charges that may be incurred shall be applied to the sums that CUSTOMERS have deposited or received through the payment PORTAL, which CUSTOMER hereby acknowledges and expressly accepts.
STRIPE’s General Terms and Conditions are available in on their website and the CUSTOMER confirms that they have taken note of them and accepts them without reservation.
PROVISION can be changed by ADVANEO without affecting the contracts already concluded. ADVANEO will inform the CUSTOMER of this by e-mail. Further use of the SERVICE requires the acceptance of the new PROVISION.
ADVANEO provides invoices to the CUSTOMER by e-mail and/or on its interface. The CUSTOMER expressly accepts that the invoice is sent to him/her electronically.
The invoice amount is due upon receipt of the invoice and must be credited to the account 30 days after receipt of the invoice. In the case of a SEPA Direct Debit Mandate issued by the client, ADVANEO will not debit the invoice amount from the agreed account before the twenty-seventh day after receipt of the invoice and SEPA pre-notification.
9.2 Annual subscription
In return for the additional services on the PORTAL, the Customer undertakes to pay the applicable Offer Price and any costs for additional services listed in the Offer when signed on the PORTAL.
The customer has the option to subscribe to a higher offer level or additional services during the contract period, whereby payment is made pro rata to the offer price for the remaining annual period, as stated in the offer.
The amounts paid by the client on the PORTAL are non-refundable.
ADVANEO reserves the right to change the offer costs at any time and will inform customers accordingly within a reasonable period of time before the new rates come into effect. These cost changes do not affect offers made before the price change comes into effect.
The applicable offer prices as well as the payment of all services provided by ADVANEO on the PORTAL are payable in Euros by bank transfer to the bank account specified in the offer, in accordance with the modalities indicated in the offer.
10 – Payment of the TRANSACTION PRICE and PROVISION
The payment of the TRANSACTION and PROVISION PRICE is made through the payment portal.
Within the framework of a subscription, the TRANSACTION PRICE is paid by the CUSTOMER BUYER via SEPA direct debit to the CUSTOMER SUPPLIER in monthly mode.
The CUSTOMER receives the invoice for PROVISION from ADVANEO electronically, it is marked as “PAID”.
11 – Transfer of the FILES after the TRANSACTION
The CUSTOMER-BUYER has access via the interface in his personal ADVANEO Connector to process the FILE(s) and the FILE(s) within the framework of the accepted contract between CUSTOMER-BUYER and CUSTOMER-SUPPLIER as soon as he has arranged payment of the PRICE and the PROVISION and full payment has been confirmed.
11.1 – Data provision via API
CUSTOMERS submitting an offer via API must provide ADVANEO with the necessary hyperlinks to access the APIs.
By submitting an OFFER on the ADVANEO WEBSITE, the CUSTOMER SUPPLIER grants ADVANEO the right to check and control the hyperlinks and content provided via API at any time and without prior request.
It is the responsibility of the CUSTOMER-BUYER, under his full responsibility and in accordance with the CONTRACTUAL TERMS AND CONDITIONS, to make a backup of the data provided.
12- Complaints between CUSTOMERS concerning the FILES
In the event of complaints relating to the FILES or, more generally, in connection with a TRANSACTION or a CONTRACT, CUSTOMERS may use the email service on the PORTAL to exchange information. Since ADVANEO is not part of the contract between CUSTOMERS, ADVANEO does not intervene in the settlement of any disputes between CUSTOMERS.
13 – Obligations of ADVANEO
ADVANEO undertakes to the CUSTOMER and within the scope of its possibilities in its function as an intermediary to perform its services in accordance with the rules of the art, with all due care and conscientiousness in accordance with the usual practice in the industry.
In this context ADVANEO undertakes to keep the infrastructure in perfect condition and to eliminate any technical malfunction as quickly as possible.
ADVANEO undertakes to offer tools for data processing, data management and for creating and participating in datathons.
14 – Obligations of the CUSTOMER
The authorised representative of the CUSTOMER declares that they are authorised and have the ability to negotiate and conclude a CONTRACT with ADVANEO. They undertake to comply with the applicable laws and regulations and to use the SERVICE in good faith.
The CUSTOMER guarantees the correctness of all identification elements that they have transmitted to ADVANEO and deposited on the PORTAL. ADVANEO reserves the right in all cases to request additional documents from the CUSTOMER and the CUSTOMER undertakes to comply with all requests from ADVANEO. Otherwise ADVANEO may suspend the provision of the SERVICE.
The CUSTOMER shall independently check all legal regulations, laws, ordinances and industry-specific provisions relevant and applicable to them in connection with the use of the PORTAL and ensure compliance with them.
The CUSTOMER SUPPLIER guarantees that FILES or API contain authentic and truthful information.
The CUSTOMER-SUPPLIER guarantees in particular and to the best of its knowledge and belief that the FILES and data made available via API respect the intellectual and industrial property rights, the personal rights and, in general, all rights of third parties. Furthermore, it guarantees that the FILES do not contain any advertising inserted for commercial purposes and that ADVANEO, other providers or other third parties are not affected by the use of the service. They also declares that they themselves are the author and/or possess all necessary rights to all FILES and APIs that they place online on the ADVANEO WEBSITE as part of the SERVICE.
In general, the CUSTOMER SUPPLIER guarantees that its FILES and APIs comply with the applicable regulations.
In the case of a subscription, the CUSTOMER SUPPLIER undertakes to deliver the FILES in the contractually specified format and periodicity for the entire subscription period. The CUSTOMER BUYER undertakes to pay the contractually agreed price. If the CUSTOMER fails to meet its obligations, it will receive notification from ADVANEO and must take immediate remedial action. If the CUSTOMER fails to meet this obligation, ADVANEO reserves the right to suspend the subscription contract and to continue to do so until the FILES are made available or payment is made, without prejudice to article 20 of these general terms and conditions and the contractual clauses. Each CLIENT uses the SERVICE under his sole responsibility.
CUSTOMERS must ensure in particular and at their own responsibility that the FILE meets their needs.
For each OFFER and TRANSACTION on the PORTAL, the CUSTOMER must name contact persons and contact details who are responsible for all formal questions regarding the fulfilment of the contract.
The CUSTOMER undertakes not to upload or transmit any FILE that contains or could contain viruses, or any defective programs or those that could affect the proper functioning of the SERVICE.
ADVANEO is not a backup system for the data stored on your infrastructure. It is therefore incumbent upon the CUSTOMER to take all necessary precautions to secure his data in the event of loss or destruction of the FILES entrusted to them, regardless of the cause, including causes not expressly mentioned in these terms and conditions.
15 – Guarantee and liability of ADVANEO
ADVANEO does not assume any guarantee for the authenticity of the FILES or the content of data provided via API or contained in these FILES. This obligation is the sole responsibility of the CUSTOMER SUPPLIER.
In particular, ADVANEO shall not be liable in any way if it turns out that the FILES or data made available via APIs are not authentic and/or infringe the rights of third parties and/or are forged.
ADVANEO undertakes to make any illegal content to which it is made aware inaccessible after verification and as soon as possible.
Furthermore, ADVANEO is in no way responsible for whether FILES and API meet the needs of CUSTOMER-BUYERS. It is the responsibility of the latter to ensure that the FILES and API meet their needs and the intended purpose.
Finally, ADVANEO accepts no liability whatsoever with regard to the effects of the TRANSACTION concluded between CUSTOMERS through its mediation. ADVANEO remains a third party. Disputes in connection with the TRANSACTION and the CONTRACT are to be settled exclusively between the CUSTOMERS, without ADVANEO participating.
In addition, ADVANEO’s liability is expressly excluded in the event of fault on the part of the CUSTOMER and especially in the following cases:
If ADVANEO is liable, this liability is limited to direct damage and damage to property and excludes any other type of damage, in particular consequential damage and immaterial damage (in particular and without this list claiming to be complete, these are Business disadvantages, loss of turnover, violation of the brand image, data loss, business disruption, lawsuit of a third party against the CUSTOMER, etc.).
The amount of any possible compensation for damages within the scope of ADVANEO’s liability is limited to the amount paid by the CUSTOMER to ADVANEO as PROVISION for the services in question.
16 – Data protection
ADVANEO undertakes to take all precautionary measures to ensure the security of information sent via the PORTAL and in particular to prevent it from being falsified or damaged or from being communicated to unauthorised third parties.
ADVANEO undertakes to keep the information collected within the framework of its SERVICES confidential and in particular prohibits itself from transmitting the information of any kind (commercial, technical, financial, etc.) that has been communicated to it or of which ADVANEO has become aware during the performance of its SERVICES to any person other than its employees or to third parties at the request of an authorised administrative or judicial authority, within the framework of applicable laws.
ADVANEO therefore undertakes to comply with the following obligations within the scope of its possibilities and to ensure that its employees or subcontractors do likewise:
The parties undertake to comply with the relevant applicable data protection regulations, currently in particular the Basic Data Protection Regulation (DSGVO), the Telecommunications Act (TKG) and the Telemedia Act (TMG).
17 – Personal data contained in the FILES and APIs
With regard to PERSONAL DATA contained in the FILES, the CUSTOMER SUPPLIER is and shall remain responsible for the processing within the meaning of EU Directive 95/46/EC of 24 October 1995 until the TRANSACTION is validated.
As soon as the CUSTOMER-BUYER is in possession of the FILE or the data provided via API, he is responsible for its processing.
The CUSTOMER undertakes to comply with all laws and regulations relating to IT, FILES and freedoms and, in particular, to complete all formalities to be completed in advance with the competent local data protection authorities.
The CUSTOMER SUPPLIER must report to ADVANEO under its own full responsibility the presence of personal data in the FILES and data provided via API.
With regard to the PERSONAL DATA contained in the FILES and data provided via the API, ADVANEO acts exclusively as a subcontractor of the CUSTOMER SUPPLIER within the meaning of the European Directive 95/46/EC of 24 October 1995 (Data Protection Directive) and therefore acts on behalf of and exclusively on the instructions of the CUSTOMER SUPPLIER.
The right of access, rectification and the making of notes of dispute by the data subject must be exercised vis-à-vis the controller. ADVANEO shall only communicate to the CUSTOMER any requests made to them by the data subjects.
18 – Force majeure
ADVANEO and/or the CUSTOMER shall not be held liable if the performance of the services to be provided under these general terms and conditions or any other obligation is prevented by cases of force majeure, such as fire, explosion, breakdown of transmission networks, epidemics, earthquakes, floods, power cuts, war, embargoes, acts of state, strikes, boycotts or other unforeseeable circumstances beyond reasonable control.
In these circumstances, the party concerned must inform the other party as soon as possible. Once this has been done, it shall be released from the performance of its obligations and the other party shall also be released from the performance of its obligations in the same manner, provided that the party concerned shall use its best endeavours to avoid or mitigate such causes of non-performance and both parties shall immediately, when such causes have ceased or have been remedied, continue to perform their obligations.
The parties must regularly inform each other by e-mail about the development of force majeure.
If a case of force majeure lasts for more than 30 days from the date of its notification, the Service may be terminated by operation of law at the request of either party, without either party having any right to compensation.
19 – Intellectual property
All texts, comments, works, illustrations and images on the website are the property of ADVANEO or ADVANEO owns the rights of use and are all protected by intellectual property rights. Any reproduction, representation, modification or adaptation of all or part of the WEBSITE and/or one or all of the elements contained in or embedded in the WEBSITE is strictly prohibited and may be treated as forgery.
20 – Duration, termination and suspension of the SERVICES
These general terms and conditions apply for the duration of the SERVICE offered by ADVANEO.
If the CUSTOMER fails to comply with any of the obligations arising from the general terms and conditions or in the event of the CUSTOMER’s failure to comply with these general terms and conditions, ADVANEO reserves the right to suspend access to the SERVICE until it has received appropriate explanations from the CUSTOMER. If the CUSTOMER fails to fulfil its obligations within seven (7) days of their notification, the SERVICE may be terminated by operation of law, without prejudice to any compensation for damages.
In the event of improper and/or bad faith use of the WEBSITE, ADVANEO reserves the right to interrupt the SERVICE without prior notice.
ADVANEO reserves the right to interrupt the SERVICE in order to carry out a maintenance operation or technical intervention with the aim of improving the functioning of the SERVICE or to carry out any other action deemed necessary.
21 – Technical support
ADVANEO provides customers with technical tools and documentation.
If the CUSTOMER cannot find the answer to his question or in case of technical difficulties, the CUSTOMER can send his questions by e-mail to the following e-mail address:
An “FAQ” is also available on the website: https://www.advaneo-datamarketplace.de/en/faqs-overview/#
22 – Reporting an abuse
CUSTOMERS may report any abuse of the use of the WEBSITE to the following e-mail address:
23 – Changes to the terms of use
ADVANEO shall be entitled to amend these Terms of Use with a reasonable period of notice of at least six weeks before the amendment takes effect, provided that the amendment is reasonable for the customer, taking into account the interests of Telekom, or is necessary due to decisions by public authorities or statutory provisions. The customer shall be notified of the changes by e-mail. In the event of changes to the disadvantage of the customer, the customer shall have a special right of termination at the time the change takes effect. In the notification of the change, Telekom shall inform the customer of this special right of termination as well as of the fact that the change shall take effect if the CUSTOMER does not exercise the special right of termination within the period set. Enhancements to the functional scope of the PORTAL that are exclusively of benefit to the CUSTOMER shall be implemented without prior notice.
24 – Other provisions
The invalidity of individual provisions of these General Terms and Conditions of Business shall not result in the invalidity of other provisions of these General Terms and Conditions of Business; these shall remain in force and binding and enforceable.
If possible, ADVANEO will replace the invalidated provision with a valid provision in the sense of these General Terms and Conditions.
The headings and titles of the articles in these general terms and conditions are indicative only and are intended solely to facilitate reading; they therefore have no contractual value or particular meaning.
The general terms and conditions are written in German. If they are translated into one or more languages, only the German text shall be valid in case of dispute.
25 – Applicable law – Place of jurisdiction
These conditions are subject to German law. Any dispute concerning the interpretation or execution shall be subject to the jurisdiction of the competent court within the jurisdiction of the Court of Appeal of Düsseldorf (Germany).