Terms of Use
By using the website operated under implisense.com and its supplementary services, the user accepts the following terms of use of Implisense GmbH. After reading these Terms of Use and continuing to use implisense.com, we assume that you agree to these Terms of Use.
§ 1 Definitions and Scope
Implisense: Company Implisense GmbH in the Spiekermannstrasse 31a, 13189 Berlin;
implisense.com: The company search, operated by Implisense;
User: Any natural or legal person who uses the company search or additional services;
§ 2 Subject
Summary
Implisense offers business information at implisense.com.
Business Information
Business information includes.
- Company profiles,
- results of a company search,
- editorially compiled lists of companies,
- news about companies,
- additions to company entries,
- highlighting of company entries.
Modifications
Implisense reserves the right to change the implisense.com portal at any time. This may include design, functional or content aspects. Should Implisense, in the case of the conclusion of a Plus user contract, substantially restrict the content of the services agreed with the user at the time of the conclusion of the contract, the user concerned shall be entitled to terminate the contract without notice for exceptional reasons.
User groups
The user declares to use implisense.com exclusively within the scope of his commercial and independent professional activity, i.e., not to be a consumer in the sense of § 13 BGB (German Civil Code). implisense.com is aimed exclusively at entrepreneurs in the sense of § 14 BGB, i.e., natural or legal persons or partnerships with legal capacity. Only these are users in the sense of these terms of use. In this respect, Implisense rejects the conclusion of contracts with consumers. Upon conclusion of the contract, the user declares that his use can be attributed predominantly to his commercial or self-employed professional activity.
Scope of services
The scope of services offered as well as the amount of remuneration to be paid shall be determined by the description on implisense.com and the tariff selected by the customer.
Implisense keeps itself free to offer services with different terms and periods of notice and to conclude them with the respective users. Implisense shall inform the user of the respective term and cancellation period prior to conclusion. The user can view the respective contract terms at any time in the personal account area.
Contract types
Three types of contracts are distinguished:
- Public
- Personal
- Plus
Public: Non registered users
The search for company information on implisense.com is possible without a separate contract.Personal: Registered users
The use of implisense.com with a registration corresponds to a separate conclusion of contract, which is free of charge and contains additional functions such as more extensive search hit lists, extended information in company profiles as well as a function to create personal company lists. Implisense may expand or restrict the type and scope of this free offer at any time. During registration, a user account is created, hereinafter referred to as Implisense Account. The user agrees to (i) provide a current, correct and complete e-mail address; (ii) to keep the Implisense account and your login data, if available, confidential; and (iii) to prevent third parties from accessing the Implisense account. Users acknowledge that they accept responsibility for all activities that occur under their Implisense Account. If Implisense has reasonable grounds to suspect that the information provided is inaccurate or incomplete, or if a user is impersonating someone else, Implisense reserves the right to review the input and, if necessary, block or terminate the Implisense account. All personal data is stored and processed in accordance with the published privacy policy.Plus: Paying users
The use of the Plus functions requires the conclusion of a paid user contract. To this end, the user registers on implisense.com and accepts the present terms of use for chargeable functions. The user is obligated to provide the correct and complete data required for a fee-based usage contract. In the event of a subsequent change of data once provided, the user shall be obliged to update his/her data accordingly or to notify the operator of the change.
Registration
The registration for the Implisense account required is done exclusively at implisense.com. The registration requires filling out the mandatory e-mail address on the registration form provided. Alternatively a registration can be done via Microsoft, Google and LinkedIn. The receipt of the registration data by Implisense will be confirmed to the user by e-mail and the user will be offered the registration and at the same time the conclusion of the user contract for the Implisense Account under these terms of use. To complete the registration, the user ID must be activated in the confirmation e-mail by clicking on the link sent. With the activation of the link by the user the registration is completed. By activating the link, the user also bindingly declares his acceptance of the offer to conclude the user contract for the Implisense Account. This ends the registration process and the user contract is concluded.
Purchase
When concluding a paid user contract for Plus functions, the user enters into a subscription with regularly recurring payment obligations. The user can terminate the contract at any time with a notice period of three weeks as of the end of the paid term by sending an e-mail to support@implisense.com or by using the contact form on implisense.com.
Use
By using implisense.com, the user acknowledges that he is responsible for his actions on implisense.com. Thereby the user assures and guarantees the following:
- to notify Implisense immediately about recognizable defects and disturbances as well as imminent dangers (e.g. by viruses) and indications of misuse by third parties;
- not to avoid, circumvent, reverse engineer, disrupt, disable, impair, decrypt or otherwise circumvent technical measures used to protect the website;
- not to duplicate, download, publish, modify or otherwise distribute any content or to transmit any data to third parties;
- not to use framing or framing techniques to embed company profiles or search results of the website without our express written consent;
- not to use automated forms of data collection or data extraction to access, retrieve, download or otherwise collect content or related information from implisense.com or otherwise use or upload our content without authorization;
- not to create an electronic archive of our own or third party content;
- to consider software, object and source codes, logos, texts, programs and logos as copyrighted and partially trademarked fonts. Any duplication, use or distribution not expressly authorized is prohibited and will be prosecuted under civil and criminal law;
- not to collect personal data from the website in order to transmit unsolicited commercial mass mailings, to "spam" or to use it for other unlawful purposes;
- not to access implisense.com by any means other than through the interfaces expressly authorized by us and these Terms of Use.
Cancellation
Cancellation by user
The user may cancel his Implisense account at any time by sending an e-mail to support@implisense.com. An Implisense account will be deleted if possible within 5 (five) working days. Users will receive a confirmation after their Implisense account has been deleted. To protect against unauthorized cancellation of an Implisense account, Implisense may perform an identity verification at the time of termination, e.g., by querying the username or registered email address.
Cancellation by Implisense
Implisense reserves the right, in its sole discretion, to restrict or terminate (temporarily or permanently) the user's access to implisense.com and Services or any part thereof at any time without notice if it believes that the user is in violation of these Terms of Use. If the user uses or attempts to use our Site and/or Services for any purpose that violates these Terms of Use (including but not limited to tampering, scraping or otherwise compromising the security or functionality of the Site and Services), the user may also be subject to civil liability. In addition, the following applies to Plus contracts: If the user does not pay the due fees, Implisense is entitled to block the user's access. In case of use contrary to the contract, such as incorrect registration data, use by several persons or excessive use, Implisense is entitled to terminate the contract without notice and without refund of the amounts already paid.
§ 3 Liability
Implisense does not guarantee that the available business information is accurate, complete or current, and in particular that it corresponds to the locations of primary sources. In case of doubt, the information from primary sources always applies, since the purpose of the company search is to find companies faster using common search terms and not to reproduce data from primary sources. The retrieved content is made available to the user on the basis of the information stored in the index at the time of retrieval and without further checking for up-to-dateness. Similarly, the operator does not guarantee that the user can achieve specific results on the basis of the content stored in the index.
Implisense does not guarantee the accuracy, completeness and up-to-dateness of company information posted on implisense.com by users. If a claim is made against Implisense because of a violation of the law or a violation of these Terms of Use, the user shall indemnify Implisense against such claims upon first request.
Implisense shall not be liable for any consequential, special, indirect, exemplary, punitive, or exemplary damages arising out of or in any way connected with these Terms of Use or your use of the Site, including, without limitation, loss of profits, revenue, interest, goodwill, loss or corruption of data, or any other interruption of business, even if advised of the possibility of such damages.
Implisense and the user (in its capacity as "Liable Party") agrees to indemnify and hold harmless the other party, its agents, affiliates and employees (in their capacity as "Indemnified Parties") from and against any and all claims, liabilities, losses and expenses of third parties (including damages, settlements and reasonable attorneys' fees) arising out of any violation of these user terms, except to the extent such losses and expenses are due to the negligence or wilful misconduct of the Indemnified Party.
§ 4 Remuneration and payment modalities
The services within the scope of the Plus Offer are subject to a fee. The prices for the respective Plus offers shall be displayed to the user prior to the purchase of the respective services. Furthermore, the user can view the concluded contract conditions at any time in the personal account area. If a Plus usage contract is involved, the user shall conclude a subscription. Implisense is entitled to collect the respective fees due according to the agreed payment method on a recurring basis. All prices, if shown, are subject to the applicable statutory value added tax.
All fees are due for payment upon commencement of the respective service. If the customer concludes a usage contract with a certain minimum usage period, payment for the entire period is due in advance at the beginning.
The user will be provided with an invoice for each payment in the personal account area.
§ 5 Privacy Policy
Implisense agrees to comply with all applicable data protection regulations in accordance with the Privacy Policy. Our Privacy Policy describes how personal information is collected, used, and protected in order to operate implisense.com. Implisense uses industry standard technical, physical, and operational controls to ensure that all applicable laws are always complied with.
§ 6 Jurisdiction and severability clause
The law of the Federal Republic of Germany applies. Exclusive place of performance and jurisdiction is Berlin, Germany. All changes to these terms of use, including the written form clause, must be made in writing. The invalidity of individual provisions shall not affect the validity of the remaining provisions of these Terms of Use.
§ 7 Scope of the terms and conditions
These Terms of Use, together with the Privacy Policy, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof. Conflicting or additional terms and conditions are hereby superseded.
Last update of the Terms of Use: May 2021
Contact Implisense
Implisense GmbH
Spiekermannstraße 31a
13189 Berlin
Phone: +49 30 44719759
E-Mail: info@implisense.com
Represented by: Dr. Andreas Schäfer, Dr. André Bergholz, Hannes Korte
Registration: German Trade Register
Registry: Amtsgericht Berlin (Charlottenburg)
No.: HRB 153069
VAT: DE292405720