General Terms and Conditions (GTC) of 4strat GmbH for the Use of the WebBased Cloud Software “trendradar”

(1) These General Terms and Conditions (GTC) apply to the use of the web-based cloud software “trendradar” (hereinafter referred to as “Software”) provided by 4strat GmbH.

(2) The Software is available to both business customers and private individuals (consumers).

(3) Any deviating or supplementary terms and conditions of the customer shall not become part of the contract unless 4strat GmbH explicitly agrees to them in text form.

(1) 4strat GmbH shall grant the customer access to the Software as a cloud-based solution, accessible via the Internet.

(2) A detailed description of the Software, its functions, and system requirements can be found in the respective valid service description.

(1) Access to the Software requires prior registration by the customer.

(2) By registering, the customer submits a binding offer to conclude a contract of use. 4strat GmbH may accept this offer by confirming it via email to the email address provided during registration.

(3) The contract is only concluded upon receipt of the confirmation email from 4strat GmbH.

(1) The customer is granted a non-exclusive, non-transferable, and time-limited right to use the Software in accordance with the respective contract.

(2) Passing on or sublicensing the Software is prohibited.

(3) The customer may only use the Software to the agreed extent and may not misuse it, particularly not for committing criminal offences.

(1) 4strat GmbH strives to ensure high availability of the Software but cannot guarantee uninterrupted availability.

(2) Maintenance work and updates may lead to temporary restrictions.

(3) Support services are provided according to the agreed Service Level Agreements (SLA).

(1) The use of the Software is subject to fees unless otherwise agreed.

(2) Prices and payment terms are based on the current price list or the individually concluded contract.

(3) Invoices must be paid within the agreed payment period.

(1) The customer is obliged to store access data securely and not to disclose them to third parties.

(2) The customer is responsible for the security and backup of their own data.

(3) The use of the Software must not violate applicable laws or the rights of third parties.

(1) 4strat GmbH is only liable for intent and gross negligence.

(2) Liability for data loss or indirect damages is excluded to the extent permitted by law.

(3) The Software is provided in its current version, without any guarantee of specific functionalities or suitability for a particular purpose.

(4) 4strat GmbH accepts no liability for the accuracy or legal admissibility of third-party content provided through the Software for trend monitoring (e.g. news sites, forums, blogs, academic publications, etc.).

(1) 4strat GmbH processes the customer’s personal data in accordance with legal provisions. The privacy policy forms part of the contract.

(2) Both parties undertake to maintain confidentiality regarding confidential information.

(1) The contract is concluded for the agreed term and is automatically extended by the originally agreed period unless it is terminated in due time.

(2) Ordinary termination is possible for contracts with monthly payment terms with one month's notice to the end of the month and for contracts with annual payment terms with one month's notice to the end of the respective contract year.

(3) The right to extraordinary termination for good cause remains unaffected. A significant reason for 4strat GmbH to terminate without notice includes, in particular, the customer’s use of the Software for committing criminal offences.

(4) Termination must be made in writing or via email.

(1) The laws of the Federal Republic of Germany apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions of private international law.

(2) For consumers, the statutory place of jurisdiction applies.

(3) For merchants, businesses, and individuals without residence in the Federal Republic of Germany, the place of jurisdiction is the registered office of 4strat GmbH.

(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.