Terms of Use Pinnacle
1. Preamble
1.1. Simplify Solutions GmbH (hereinafter referred to as “Provider”) is the creator and provider of the software “Pinnacle”. The functions of Pinnacle are provided by the Provider in accordance with these Terms of Use. The Provider expressly objects to the validity of deviating terms and conditions on the part of the User, in particular general terms and conditions, for the use of Pinnacle. With regard to the relevant data protection regulations, the provisions of Section 5 of these Terms of Use apply.
1.2. The Provider reserves the right to update these Terms of Use in order to
· changes and further developments on the part of the Provider,
· to comply with legal requirements,
· prevent misuse and harmful use.
1.3. By accessing and using Pinnacle, the User acknowledges the exclusive validity of these Terms of Use in their current version.
2. General information on use
2.1. Pinnacle is made available to the User on the basis of a license agreement, Pinnacle is not sold to the User. The Provider provides the User with a simple, non-transferable and non-sublicensable right to use Pinnacle in its current version. Users are exclusively persons to whom rights of use are granted on the basis of the contract of use for Pinnacle, whereby the exercise of a right of use is always carried out by a natural person. In this respect, the right of use is always bound to one (1) natural person and is not transferable. The user is not authorized to grant rights of use to third parties.
2.2. The user agrees that all information and / or data uploaded by him in the application or made available to third parties via the application are managed by the licensee and that the provider cannot hand them over to the user. Claims for the release of information and/or data of the user or the assertion of further rights in connection with the information and/or data are directed exclusively to the licensee, so that agreements must be concluded between the user and the licensee. Any return of data shall be made exclusively to the Licensee.
2.3. Access to Pinnacle takes place via a secure access, which is provided specifically for the respective User. The User is obliged to keep all data required for access secret, to use it with the necessary care and not to disclose this data to any third party - not even within the Licensee's company - or to allow access to it. If the user becomes aware that third parties have gained knowledge of access information, or if there is at least a suspicion of such knowledge, the user is obliged to inform the provider immediately in writing. The provider will then decide whether it is necessary to set up a new or modified user account for the user concerned and will implement appropriate measures if necessary. These may be subject to a charge.
2.4. By using Pinnacle, the User does not acquire any copyrights or industrial property rights. The Provider remains the sole and exclusive owner of the rights to the software application and its components. The User does not acquire any rights or claims beyond the rights listed here.
2.5. The User recognizes the Provider's rights to Pinnacle without restriction and undertakes not to extract the information contained in Pinnacle (e.g. text or graphics) from Pinnacle and/or to use it for purposes other than those intended. The User therefore undertakes neither to reverse engineer, disassemble, decompile, translate or make unauthorized disclosures to Pinnacle itself, even in part, nor to circumvent security or copy protection functions of Pinnacle.
2.6. The User is obliged not to store any data on the storage space provided, the use of which violates applicable law, official orders, the rights of third parties or agreements with third parties.
2.7. The user shall check the data for viruses or other harmful components before storing or using it in the software and shall use state-of-the-art measures (e.g. virus protection programs) for this purpose.
2.8. Furthermore, the user is not authorized:
· check, scan or test the software for vulnerabilities
· interfere with the software or cause or attempt to cause an interruption, for example through malware, overloading, flooding
· to circumvent or manipulate storage space restrictions
3. Term
3.1. The duration of the granted right to use Pinnacle is determined by the subscription period of a right of use for the User on the basis of the Pinnacle contract terms (SaaS). The User's right of use also ends when these contractual terms end.
4. Liability
4.1. The user agrees to use the data and information offered at his own risk. Subject to section 4.3, i.e. except in the case of intent, gross negligence or breach of material contractual obligations, the Provider shall not be liable for the result of a data analysis carried out with the help of its program or the resulting recommendation of a third party as program user.
4.2. A limitation period of one year applies to all claims against the provider for damages or compensation for futile expenses in the case of contractual and non-contractual liability. The limitation period begins at the time specified in § 199 (1) BGB. It shall commence at the latest 5 years after the claim arises. This does not apply to liability for intent or gross negligence or for injury to life, limb or health.
4.3. In the event of intent, gross negligence or culpable injury to life, limb or health, the contracting parties shall be liable without limitation. Except in cases of unlimited liability, the provider shall only be liable for slightly negligent breach of duty in the event of breach of material contractual obligations. This includes obligations whose fulfillment is essential for the proper execution of the contract or whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the contractual partner may regularly rely, but limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Liability within the scope of guarantees assumed in writing shall apply irrespective of the aforementioned limitations of liability. The objection of contributory negligence remains open.
5. Data protection and order processing
5.1. The collection, processing and use of personal data by the Provider shall be carried out in compliance with the applicable data protection regulations.
5.2. The Provider processes personal data provided by the User within the scope of order processing for the Licensee and within the scope of the order processing agreement (AVV) concluded with the Licensee. Details on the type and scope of processing can be found in the order processing agreement with the licensee (AVV) and the data protection concept. This can be viewed on the Pinnacle website in the currently valid version.
5.3. To the extent necessary for the use of the Pinnacle software application, personal data of the User and / or its customers may be passed on to third parties by the Provider for the purpose of fulfilling the contract in accordance with the agreement and in compliance with data protection regulations. Third parties in this sense may be, in particular, service providers connected to Pinnacle.
5.4. The User is responsible for the lawfulness of the data processing, in particular the existence of a legal basis for the processing of personal data.
5.5. The current agreement on order processing shall apply, which regulates the details of the processing of the personal data provided by the User. This can be viewed on the Pinnacle website in the currently valid version.
5.6. The Provider is entitled, within the framework of the applicable statutory data protection provisions, to compile personal usage statistics on the scope of use of the User for the purpose of
· to continuously improve the quality of the software
· analyze and improve the user experience
· to measure the scope of use of the software and individual modules
· to detect and prevent misuse or use in breach of contract
6. Miscellaneous
6.1. The data stored by the user is assigned to the licensee and will only be released to the licensee.
6.2. These Terms of Use and the entire legal relationship between the Provider and the User shall be governed exclusively by the laws of the Federal Republic of Germany.
6.3. The exclusive place of jurisdiction for all legal disputes arising from or in connection with these Terms of Use is Hannover, Germany.
6.4. There are no verbal or written collateral agreements.
6.5. Should individual provisions of these Terms of Use or a provision supplemented in the future be or become legally invalid or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Use. The same applies if it should transpire that these Terms of Use contain a loophole. To fill the gap, the effective and enforceable provision that comes closest in legal and economic terms to what the Provider and the User intended or would have intended in accordance with the meaning and purpose of these Terms of Use if the circumstances had been known at the time of the intended entry into force of the Terms of Use shall apply with retroactive effect.
6.6. The binding version of these Terms of Use is exclusively the version in the German language. Only this version is authoritative for the content of these Terms of Use and the rights and obligations arising from them. Versions in other languages are non-binding translations for information purposes only.
Status: July 27, 2024