Terms and conditions

§ 1 Scope

These terms govern the use of the Implisense Platform at app.implisense.com, including the application programming interface reachable through it, operated by Implisense GmbH, Spiekermannstraße 31a, 13189 Berlin, Germany.

The offering is aimed exclusively at businesses within the meaning of § 14 BGB, at legal entities under public law and at special funds under public law. Consumers within the meaning of § 13 BGB cannot use the platform. By registering, the customer confirms that they act in the exercise of their commercial or self-employed professional activity.

Deviating terms of the customer do not become part of the contract, even if we do not expressly object to them.

§ 2 Registration and conclusion of contract

Registering an account concludes a contract free of charge for use on the Free plan. A paid contract is concluded when the customer completes the order in our payment provider’s checkout and the payment is confirmed. No separate order confirmation is required.

The customer keeps their details up to date and their credentials and API keys secret. Use through their account or keys is attributed to them until they notify us of a loss.

§ 3 Subject matter

For the term of the contract we provide the customer with access to research, list, export and interface features covering data on German companies. The specific scope depends on the plan chosen and is described in the platform.

The company data comes from public sources, among them the commercial and company register, the Bundesanzeiger and company websites. We prepare it carefully but owe no completeness, accuracy or currency; the respective official source remains authoritative. The platform is not legal, tax or investment advice and does not replace the customer’s own examination.

Some features use AI-assisted methods. Their results may be incomplete or incorrect and must be checked by the customer before any business decision.

§ 4 Plans, Implicents, prices and payment

Paid services are billed as a monthly licence and through Implicents — a unit of account used to pay for individual costly retrievals. The cost of a retrieval is shown in the platform before it runs.

• At the start of each billing period the allowance belonging to the plan is credited. Allowances from past periods are not credited retroactively.
• Implicents already credited do not expire while the contract is in force. When the contract ends, access ends with it; unused Implicents are not refunded.
• Implicents can be purchased in addition. They are not transferable and not payable in money.

All prices are net, plus statutory VAT. The prices shown during the order process apply. Payment is made in advance through our payment provider; we do not owe payment against invoice. If the customer defaults on payment, we may suspend access after prior notice until the amount is settled.

§ 5 Term and termination

The paid contract runs from the purchase for the billing period chosen and renews for the same period unless terminated. Termination is possible at any time with effect from the end of the current billing period and is declared with one click in the platform’s settings; no reason is required. Access remains in place until the end of the period.

The right of either party to terminate for cause remains unaffected. Cause on our side exists in particular in the event of a serious breach of § 6. The customer may end the free plan at any time by deleting their account.

§ 6 Rights of use and permitted use

For the term of the contract the customer receives a non-exclusive, non-transferable and non-sublicensable right to use the platform and the data retrieved for their own business purposes. Results may be used internally and towards the customer’s own clients as part of the customer’s own service.

The following are not permitted in particular:

• reselling the data as such, and building one’s own or a third party’s database from the retrieved records;
• systematically extracting the platform beyond the API provided for that purpose, for instance by automated retrieval of the web pages;
• passing credentials or API keys to third parties, and use by several people under one account;
• any use liable to impair the operation of the platform significantly.

The customer may use contact details found only within applicable law, in particular data protection and competition law. The customer is responsible for the lawfulness of their outreach.

§ 7 Availability

We operate the platform with the care of a prudent business but owe no particular level of availability. Maintenance windows, disruptions outside our sphere of influence and outages of upstream services are not a breach of contract. We announce longer-lasting restrictions where possible.

§ 8 Data protection

How we process personal data is set out in our privacy notice. Where the customer brings their own personal data into the platform and we process it on their behalf, we conclude a data processing agreement under Art. 28 GDPR on request.

§ 9 Liability

We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, and under the Produkthaftungsgesetz.

In the case of simple negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may rely — and limited in amount to the foreseeable damage typical for this type of contract, but at most to the fees paid in the twelve months preceding the event causing the damage, and in total at most 50,000 euros.

Any further liability is excluded. In particular we are not liable for decisions the customer takes on the basis of the data retrieved.

§ 10 Changes to these terms

We may change these terms with effect for the future where this is necessary to adapt to a changed legal situation, to case law or to a further development of the platform, and does not unreasonably disadvantage the customer. We announce changes in text form at least six weeks before they take effect. If the customer does not object before they take effect, the changes are deemed accepted; we point this out separately in the announcement. If the customer objects, either party may terminate the contract as of the date the changes take effect.

§ 11 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract is Berlin, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

Declarations under this contract require text form. Should a provision be invalid, the remainder of the contract stays in force. This English version is a convenience translation; in case of doubt the German version governs.