1.1 These general terms and conditions of use and purchase (“General Terms”) apply to all contracts concluded with users on the Platform Policy InsiderAI (www.policy-insider.ai), a web-based platform for policy professionals and everyone who wants to stay informed about political developments (the “Platform”).
1.2 The Platform is provided by Policy-Insider.ai GmbH with its registered office address at Raboisen 32, 20095 Hamburg, Germany, Register: Amtsgericht Hamburg HRB 157945, Geschäftsführer: Dr. Marc-Angelo Bisotti (“Policy Insider”).
1.3 In addition to the General Terms, special terms may apply for certain information, functionalities, services or applications of the Platform as separately agreed on.
1.4 Policy Insider does not accept divergent terms and conditions of other parties. This also applies, if Policy Insider does not explicitly object to its inclusion
2.1 Policy Insider will grant the use of the Platform only to users that are registered with Policy Insider and were provided with access credentials for the Platform by Policy Insider (“Authorised Users”).
2.2 A registration requires the subscription of a paid service (“Service”) according to Section 3.
2.3The user is obliged to truthfully provide the information required for registration. Policy Insider will provide access credentials (username and password) to the Authorised User for its personal use.
3. SUBSCRIPTION OF SERVICES
3.1 There are various Services available providing different functions of the Platform. The presentation and advertising of a Service on the website (http://www.policy-insider.ai) does not constitute a binding offer to conclude a subscription contract for the respective Service.
3.2 The subscription contract on a Service will be concluded upon booking of the respective Service by a user via the website.
3.3 Booking of a Service is available for authorised users after registration. If the invoice is needed, the user is asked to provide his invoice data. In the next step, the user is asked to provide promo code (if any) and payment data.
3.4 The order of the subscription of the Service is triggered by clicking on “Subscribe”. By placing the order, the user bindingly declares his willingness to conclude the subscription contract for the chosen Service.
3.5 The user can store and/or print out the contractual terms and the content of his order immediately after placing the order.
3.6 Immediately after placing the subscription order, the user is informed of the receipt of his order by an e-mail confirming the receipt. Such confirmation of receipt constitutes the acceptance of the order placed by the user.
4. PRICES AND PAYMENT CONDITIONS
4.1 The currently applicable monthly costs for the use of the respective Service can be found in the current price list accessible under www.policy-insider.ai.
4.2 All prices on the website www.policy-insider.ai or specified in other information and as amended from time to time are to be understood as net prices in the given currency plus the applicable value added tax.
4.3 Payment will be due monthly in advance and debited automatically on the basis of the payment data provided.
4.4 Payment can be made per Stripe.
4.5 The user may be charged further costs through the use of the Services that Policy Insider cannot influence. This includes, in particular, costs incurred by the use of the internet or the purchase or use of end-user devices. These costs are not included in the subscription price.
5. TERMS OF AGREEMENT AND DEFAULT ON PAYMENT
5.1 Unless set out otherwise, the subscription contract of a Service is for an monthly period which is authomatically renewed. In order to terminate the subscription, the user has to click on the “Cancel Subscription” button in the “Billing” panel.
5.2 The option to terminate the Services is provided via the Platform under www.policy-insider.ai/billing. By clicking on the “Cancel Subscription” button, the subscription will be terminated with effect from the next billing period. The user receives an e-mail about this to his e-mail address provided on the Platform.
5.3 If the user defaults on payment for more than one month, Policy Insider will be entitled to temporarily block the access to the paid Services. Furthermore, Policy Insider reserves the right to assert statutory claims.
6. RIGHT OF WITHDRAWAL
6.1 If the user is a consumer (i.e. a natural person who uses the Platform for a purpose which cannot be attributed to it’s commercial or self-employed professional activity), he or she is entitled to a right of withdrawal in accordance with the statutory provisions.6.2 The provisions set out in detail in the following shall apply to the right of withdrawal for consumers:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Policy Insider, Lehmweg 34, 20251 Hamburg, Germany) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form (see below), but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not be charged any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
If you want to cancel the contract, please fill out this form and return it to us.
To:Policy InsiderLehmweg 34, 20251 Hamburgcontact@policy-insider.ai
If the user is a consumer (i.e. a natural person who uses the Platform for a purpose which cannot be attributed to it’s commercial or self-employed professional activity), he or she is entitled to a right of withdrawal in accordance with the statutory provisions.The provisions set out in detail in the following shall apply to the right of withdrawal for consumers:- I/we (*) hereby give notice that I/we withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)- Ordered on (*)/received on (*)- Name(s) of consumer(s)- Address of consumer(s)- Signature of consumer(s) (only for paper communication)- Date
_____________(*) Delete as appropriate.
7. ACCESS TO AND USE OF THE PLATFORM AND USER OBLIGATIONS
7.1 Policy Insider points out that it strives for an uninterrupted usability and accessibility of the Platform. However, temporary restrictions or interruptions may occur, especially due to technical faults (e.g. interruption of the power supply, hardware and software faults and technical problems in the data lines).
7.2 The Authorised User has the following obligations:
7.2.1 The Authorised User must keep the access credentials confidential and may not communicate or disclose its access credentials to third parties (including without limitation other individuals within its organisation, company or legal entity) and has to protect its access credentials against intentional or accidental notice by third parties.
7.2.2 The Authorised User is obliged to inform Policy Insider immediately if the Authorised User has reason to assume that third parties have become aware of its access credentials or has indications of any form of unauthorised use of access credentials; the Authorised User shall be liable for any unauthorised use of its access credentials by third parties unless the Authorised User can prove that such unauthorised use was not caused by actual fault of the Authorised User.
7.2.3 The Authorised User is not allowed to provide access to the Platform to third parties or to rent, lease, lend, trade, sell, resell or otherwise monetise the access to the Platform; Policy Insider shall not be liable for any damages for such use of the Platform by third parties;
7.2.4. The Authorised User must refrain from any form of unauthorised use of the Platform, including but not limited to attempts made to overcome or circumvent the security mechanisms of the Platform or to otherwise incapacitate them, reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code of the Platform or any related technology that is not open source, using computer programs enabling automatic data readouts as for example crawlers or bots, as well as using and/or circulating viruses, worms, trojans or other malware, brute force attacks, spam or using other links, programmes or procedures that are suited to damage Policy Insider, the Platform and/or other Authorised Users.
7.2.5 The Authorised User may not use the Platform or any Platform Content to commit or promote or to help to commit or to promote:
(a) physical or non-physical violence or criminal behaviour, including terrorist activity, mass or serial murder and human trafficking;
(b) organised hate and hate speech including racist campaigns and behaviour;
(c) commercial and non-commercial spam;
(d) false/fake news;
(e) war and war crimes;
(f) all other behaviour that may seriously affect the reputation of Policy Insider, the Platform and/or other Authorised Users.
7.2.6 The Authorised User has to take all necessary and reasonable steps to prevent or limit damage caused using the Platform or any Platform Content, in particular to:
(a) arrange for the regular backup of its own data outside of the Platform;
(b) diligently check the information provided via the Platform (including without limitation the results of calculations or computations provided via Platform applications) or have such information checked and cleared by an expert, particularly with regard to compliance with applicable norms and permits, prior to using them for own purposes, as the information provided via the Platform only serves as an aid for evaluation, interpretation and assessment by the Authorised User.
7.2.7 The Authorised User has to avoid giving the impression that he or she is affiliated with or endorsed by Policy Insider if that is not the case.
7.2.8 The Authorised User may not operate a service which frames, mirrors or otherwise simulates the appearance or functioning of the Platform.
7.2.9 The Authorised User must keep the data provided to Policy Insider up to date, especially regarding the data provided with the registration (including contact details).
7.3 Policy Insider reserves the right to temporarily limit an Authorised User’s access to the Platform or certain parts of the Platform if and as long as it has substantive indications of fraud or misuse of the Platform in connection with the access credentials of an Authorised User. Policy Insider will accordingly inform the Authorised User without undue delay regarding such limitation. Policy Insider will remove any such limitation or issue new access credentials once it can exclude negative impacts on the Authorised User, Policy Insider, the Platform or third parties.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 The Platform and the Platform Content may be protected under copyright law and other statutory provisions. Policy Insider reserves all intellectual property rights to the Platform. Use of the Platform does not mean that the Authorised User has any ownership rights with respect to the Platform or the Platform Content made available through the Platform. The trademarks and logos used in connection with the Platform are trademarks of their respective owners.
8.2 Policy Insider grants to the Authorised User for the duration of the registration the revocable, non-exclusive, non-transferable right to use the Platform for its own purposes, provided that this use complies with the provisions of these General Terms and applicable special terms as well as with applicable statutory provisions. Authorised Users will not be granted any further rights of use. In particular, Authorised Users are not entitled to allow third parties to access the Platform, nor may they modify or otherwise process the Platform and Platform Content, incorporate it into another work, or use it to create data bases and/or information services of their own, unless a corresponding functionality is explicitly provided for this purpose within the Platform.
9 LIABILITY AND LIMITATION OF LIABILITY
9.1 Policy Insider shall be held liable only under the following circumstances, regardless of the legal grounds:
9.1.1 If one of its legal representatives or executives or other vicarious agents has acted intentionally or grossly negligently;
9.1.2 In the event of slight negligence, each party undertakes liability only in case of the breach of an essential contractual duty. The expression “essential contractual duty” describes a duty in the abstract, the fulfilment of which is an essential pre-requisite for the due implementation of Policy Insider’s obligations, and that is a duty on whose fulfilment the respective other party can rely as a general rule.
9.3 In the event of liability pursuant to Clause 9.1.2, this shall be limited for financial losses and damages to property to the amount of the typically foreseeable loss.
9.4 The above limitations of liability do not apply to cases of mandatory statutory liability, in particular liability under product liability law (i. a. Produkthaftungsgesetz), liability for a guarantee that has been assumed, and liability for intentional or negligent injury to life, limb or health.
10.1 Policy Insider reserves the right to amend provisions of these General Terms and applicable special terms that are minor in scope or nature if deemed necessary, especially in case of changes in law and jurisdiction and provided that the user is not disadvantaged thereby against good faith. Policy Insider will communicate, by e-mail or within the Platform, the modified conditions at least two weeks prior to the effective date. Users who do not object in text form (letter, e-mail, fax) to the modification within four weeks after the receipt of the e-mail or their notice of corresponding Policy Insider communication within the Platform will be deemed to have accepted the respective modification. Policy Insider will specifically indicate the possibility of objecting to the modification and the consequences of above deadline.
10.2 If the user objects to the new (modified) General Terms or applicable special terms, Policy Insider ‘s request to modify them to this extent will be deemed to have been rejected. The agreement will then be continued without the proposed modification. Policy Insiders’ right to withdraw the registration or Service or the user’s right to terminate the registration or Service remains unaffected.
11 DATA PROTECTION
11.1 The Authorised User must process any personal data in compliance with the applicable data protection provisions, especially but not limited to the General Data Protection Regulation (GDPR).
12.1 The use of the Platform and the Platform Content requires the use of special technical systems such as end user devices, software programs, transmission networks, telecommunications and other services provided by third parties, all of which may entail further costs. Policy Insider does not provide such end user devices, software programmes, communication channels, telecommunications services or other services and therefore will not assume any liability for such services provided by third parties.
12.2 Any addition or amendment of these General Terms or applicable special terms as well as individual agreements deviating from these General Terms must be in written form (on paper and signed) to be valid. This shall also apply to any waiver of this written form requirement.
12.3 The rights and duties under the Authorised User’s registration may only be transferred with the prior written consent of Policy Insider.
12.4 The registration does not authorise either of the parties to make any legally binding declarations on behalf of both parties together, or on behalf of the respective other party, nor does it authorise them to place the respective other party under any obligation or to represent it in any other way.
12.5 Should any individual provision of these General Terms or applicable special terms be of no effect, as a whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision will be deemed replaced by that provision that is legally effective and comes closest, in the usual understanding, to the economic intent and purpose of the invalid provision. The same applies to any unintentional omission.
13 GOVERNING LAW, JURISDICTION AND ONLINE DISPUTE RESOLUTION
13.1 The General Terms are governed by the law of the Federal Republic of Germany. The application of the Convention on Contracts of the International Sale of Goods 1980 and the conflict of law rules are excluded. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the country, in which the user as a consumer has its usual stay, remain unaffected.
13.2 If the user is a merchant, a legal entity under public law or a special fund under public law, exclusive place of jurisdiction for all disputes in connection with these General Terms and their validity is Hamburg, Germany.
13.3 The European Commission provides a platform for online dispute resolution (ODR) with consumers which can be found on the European Commission platform: https://ec.europa.eu/consumers/odr . Policy Insider (firstname.lastname@example.org) is not obliged or willing to participate in this or another dispute resolution procedure before a consumer arbitration body.