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 247, 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: support@advaneo.de.


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

  • PORTAL as client- and server-based solu­tion
  • ADVANEO datamar­ket­place as web portal
  • ADVANEO Connector (Client) installed as cloud applic­a­tion
  • Central stor­age space and comput­ing power on the ADVANEO PORTAL

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:

  • to register on the PORTAL by creat­ing a customer account
  • to submit offers,
  • to search for offers and check them,
  • add a specially designed contract to these offers or select one of a number of exist­ing contracts,
  • to pay the price of the TRANSACTION and the PROVISION,
  • to process FILES on the PORTAL using processing tools provided by ADVANEO
  • manage FILES using tools provided by ADVANEO,
  • parti­cip­ate in Datathons on the PORTAL or to create them your­self.

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:

  • free offers or offers against payment,
  • OFFERS divided accord­ing to data type, category, keyword, etc,
  • OFFERS with or without PERSONAL DATA,
  • OFFERS that are visible to all custom­ers registered on the PORTAL or OFFERS with limited visib­il­ity,
  • OFFERS with the possib­il­ity to restrict the use of the data,
  • Subscription offers,
  • Offer to make data avail­able via API.

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:

  • in case of improper use of the WEBSITE and the PORTAL by the CUSTOMER,
  • in the event of fault, negli­gence, neglect or fail­ure on the part of the CUSTOMER
  • in the event that ADVANEO does not comply with the instruc­tions,
  • in the event of loss or theft and/or fraud­u­lent use of the CUSTOMER’s IDs and pass­words
  • in the event of total or partial destruc­tion of the inform­a­tion trans­mit­ted or stored as a result of disturb­ances for which the CUSTOMER is respons­ible.

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:

  • to use the FILES, API, docu­ments and inform­a­tion only for the purposes set out in these terms and condi­tions;
  • not to disclose these FILES, API, docu­ments or inform­a­tion to other persons, whether they are persons in your private envir­on­ment or public, natural or legal persons
  • to take all meas­ures in its power to prevent misuse or fraud­u­lent use of the FILES under execu­tion within the scope of the SERVICE;
  • to take all secur­ity meas­ures, includ­ing in partic­u­lar those relat­ing to hard­ware, which are neces­sary for the preser­va­tion and complete­ness of the FILES, docu­ments and inform­a­tion for the dura­tion of the SERVICE;

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: support@ADVANEO.de


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: support@ADVANEO.de


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).