The advinda Investor Cloud GmbH, Prinzregentenstr. 54 80538 München, Germany (hereinafter referred to as “advinda” ) provides the website www.advinda.com (hereinafter referred to as “Website”), an application distributed in app stores (such as Google Play App Store, iTunes App Store) (hereinafter referred to as the “App”) and the advinda Investor Cloud. The advinda Investor Cloud is a database containing information on “Institutional Investor Intelligence”, including e.g. top lists of EU and US Pension Funds and top lists of EU and US insurance companies and contact details thereof (referred to as “advinda Investor Cloud”) which can be accessed via the Website and the App.
Access is aimed exclusively to enterprises (Clients) within the meaning of Section 14 of the German Civil Code (“BGB”) and only to Clients who have entered into a Subscription Agreement with advinda and ordered user licenses for the usage of the advinda Investor Cloud. The usage requires a prior registration of the employees of the Client who are allowed to use the advinda Investor Cloud (“User”).
- The User can call up and download the App from the usual app stores. The use of the app stores (Apple Store, Google Play Store) is subject to their own terms and conditions, which can be found directly on the website of the respective app store operator; advinda has no influence on these terms and conditions or on the operation of the app stores. advinda, on the other hand, is solely responsible for the operation of the App, not the respective app store operator.
2. SCOPE OF FUNCTIONS
- The Website and App (including the advinda Investor Cloud) offer functionalities of a client relationship management tool that allows Users to create investment campaigns, create tasks and to upload contact details and other content (such content hereinafter referred to as “Custom Data”). The advinda Investor Cloud, as part of the Website and/or App, is available based on
different advinda Investor Cloud modules with deviating scope and content, as further described on the Website and/or App.
- The Website and App (including the advinda Investor Cloud) also offers Users the possibility to connect with other Users in customized networks (hereinafter called “Teams”). A User may enter a Team by joining an existing Team or creating a new Team and inviting other Users. Every Team member has access to all Custom Data uploaded by other Users in the same Team. The User hereby agrees that his/her own Custom Data is shared with other Team members and that he/she has sufficient rights to share his/her Custom Data with other Team members. The User agrees that he/she will not unlawfully process, save or transfer other Team member’s Custom Data that is available to him in his position as a Team member. If a User leaves a Team, the User no longer has access to any Custom Data from other Team members. However, the Custom Data of the Team member that has dropped out of a Team can still be accessed and used by the remaining Team members (e.g. existing tasks can be completed by other Team members).
3. REGISTRATION (CONTRACT OF USE) AND USER ACCOUNT
- Access to the paid services of the Website and/or App and usage of the advinda Investor Cloud requires prior registration and creation of an account by the Client and / or its administrator. Subsequently, the Client and / or its administrator invites the Users via an invitation email to join the account and to create an User account. The User shall provide required information, as set out on the Website and/or App, and individual login data which are password- protected. The creation of the User account is only permitted to persons of full legal capacity.
- The User agrees not to provide any false personal information. Furthermore, the User agrees to check this information regularly in order to ensure its accuracy. There is no possibility to correct input errors. In the event of input errors during registration, the User must contact advinda in order to let the input errors be corrected.
4. CONDITIONS OF USE
- The use of the advinda Investor Cloud might require the download and installation on a suitable end device (e.g. smartphone) of the User (especially the App). For technical reasons, the
App may not be available for some end devices and operating systems. However, advinda endeavours to offer the App for as many different model types and operating systems as possible. Due to the constantly changing product ranges on the market for mobile end devices, advinda cannot offer an up-to-date list of all end devices and operating systems with which use of the App is possible. The Client alone is responsible for the compatibility of the end device. The system requirements can be found in the notes in the respective App Store.
- The use of the advinda Investor Cloud on the Website or App requires the end device to be connected to the internet. Therefore, the User’s end device must have a functioning internet con- nection. In this respect, advinda only guarantees that the Website or App (including the advinda Investor Cloud) is functional at the transfer point of advinda’s own data communication network to the internet. The scope and frequency of the data transmissions that occur depend, among other things, on the type and scope of the use of the Website and / or App. The User and/or the Client shall bear the connection costs incurred for the data transmission.
5. OBLIGATIONS OF THE USER
- The User is obliged to keep its login data and passwords confidential. The User is also obliged to prevent unauthorised use of its login data and passwords by third parties. If the User becomes aware of any unauthorised use of login data or passwords, the User shall immediately inform advinda thereof, and advinda shall be entitled to block access to the Website/App and, as the case may be, advinda Investor Cloud until unauthorised use has terminated. The User shall be liable for any unauthorised use of login data and/or passwords negligently or willfully.
- The User agrees not to harm advinda’s service in any way that is likely to interrupt, damage or otherwise impair advinda’s services or access. Furthermore, advinda’s services may not be used for fraudulent or in connection with any crime, unlawful activity, harassment or inconvenience.
- Any information uploaded by Users should be thematically appropriate. Any uploading or creation of content that is illegal, pornographic, glorifying violence, discriminating, infringing against common decency, anticompetitive, insulting, disparaging, libelous and/or injurious to the rights of third parties (for example, trademark rights, copyrights, personality, and/or image rights), or includes false factual claims about the Website or App (including the advinda Investor Cloud), are prohibited. Furthermore, it is expressly forbidden for Users to initiate contracts for actions prohibited by law or violating common decency (such as money laundering, fraud, drug dealing, terrorist acts etc.) or sexual services. Any actions that might impair the contents and services of the Website or App or can make these unfit for use, are also prohibited. This applies in particular
to the introduction of malicious software, the mass and unsolicited sending of content (so-called spamming) as well as to actions which are aimed at creating fake profiles, or registering one User multiple times, manipulating search functions as well as manipulating, blocking and/or modifying contents of other Users.
6. AVAILABILITY OF THE WEBSITE, THE APP AND THE ADVINDA INVESTOR CLOUD AND RESERVATION OF RIGHT OF MODIFICATION
- Within the scope of its technical and organisational possibilities, advinda uses commercially reasonable efforts to provide 98.5% – 99% average availability of the Website and App (including the advinda Investor Cloud) per calendar year. The decisive point of measurement for such average availability is the point of connection of advinda Investor Cloud servers with the internet. advinda points out that it is technically impossible to provide the Website, App and the advinda Investor Cloud free of errors of any kind and that advinda therefore accepts no responsibility in the event that errors can lead to temporary shutdown, that availability is dependent on conditions and services outside the control of advinda, such as transmission capacities and telephone connections between the individual parties. advinda is not responsible for any disruptions falling into this area.
- advinda performs all maintenance works and selection procedures regarding the content of the Website, App and the advinda Investor Cloud with due diligence and reserves the right to make modifications with respect to the content of advinda Investor Cloud in so far as they are necessary to correct any errors or deficiencies, or to update or complement the content. advinda also uses its commercially reasonable efforts to continuously adapt the Website, App and the advinda Investor Cloud to the current technological requirements and therefore reserves the right to make modifications necessary to adapt the Website, App and the advinda Investor Cloud to the state of the art as well as to optimise it, especially in order to enhance its user-friendliness.
7. INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF USE
- The User acknowledges and agrees that Website, App and advinda Investor Cloud, in par- ticular its permanent contents (in particular texts, images, designs, logos, videos, sounds, data, graphics) are protected by intellectual property laws established by advinda and/or its licensors
and that these are the sole owner of all intellectual property rights relating to the Website, App and advinda Investor Cloud, as well as the software and databases ensuring its operation, unless otherwise indicated.
- Trademarks, company logos, service marks or any proprietary notices or other characteristics serving identification of advinda may not be removed or changed either in electronic form or in prints.
- No part of any service of advinda may be systematically extracted and/or re-used without express written consent. In particular, no data mining, robots, or similar data gathering and extraction tools may be used to extract any substantial parts of a Service for re-use without the express written consent. The User also may not create and/or publish his/her own database that includes substantial portions of any service of advinda without the express prior written consent of advinda.
- The scope of the rights of use for each User is determined by the terms of the Subscription Agreement that the Client has entered into with advinda and that the Client grants to the User accordingly (i.e. a limited, nonexclusive, non-sub-licensable, non-transferable right to use the advinda Investor Cloud module(s) agreed upon in the Subscription Agreement).
- The Contract of Use is concluded for an indefinite period of time and ends automatically when the subscription period agreed between the Client and advinda in the Subscription Agreement or the Subscription Agreement ends.
- User may terminate the Contract of Use any time by deleting his account or by deleting the App.
- Upon termination of the Contract of Use for any reason whatsoever, advinda will block User’s access to the advinda Investor Cloud and / or the App. In both cases, User must cease to execute any rights of use, immediately.
9. LIMITATION OF LIABILITY
- advinda shall use commercially reasonable efforts to ensure completeness of Website, App and advinda Investor Cloud; however, advinda cannot guarantee that the information in Website, App and advinda Investor Cloud is always correct and up-to-date at all times.
- Insofar as the liability of advinda is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious.
10. DATA PROTECTION AND CONFIDENTIALTY
- advinda complies with data protection regulations. The User is hereby informed that personal data, e.g. address information, are electronically stored and used for documentation and accounting purposes. Personal data will be treated as confidential and will be passed on to third parties only in so far as data protection regulations give allowance hereto or the data subject has agreed hereto.
11. FINAL PROVISIONS