ONE LOGIC Network - Terms of Use

  1. Provider information and description of the platform
    • The platform at https://www.onelogic.ai respective https://www.onelogic.de is provided by ONE LOGIC GmbH, Kapuzinerstraße 2c, 94032 Passau, e-mail: info@onelogic.de, tel. +49 851 225 906 0 (referred to in the following as: “ONE LOGIC”).
    • ONE LOGIC offers companies as well as self-employed individuals (commercially registered or freelance) access to an online platform (referred to in the following as: the “Network” or “platform”) via membership to the ONE LOGIC Network. The Network facilitates the exchange of information about new ONE LOGIC products and their testing as part of a reciprocal dialogue with users of the platform (Network Members, referred to in the following as “Member(s)”). In particular, ONE LOGIC provides Members with information on new products. Members can obtain a demonstration of the software within the framework of a procedure described in more detail in the ONE LOGIC Network. One notable component of the ONE LOGIC Network is communication with the Members, e.g. regarding new use cases, supporting material, blueprints, white papers, product and version updates, new functionalities, insights from beta testing and development projects, as well as the promotion of the ONE LOGIC product and service portfolio.

 

  1. Registration on the platform/logging in to the Network
    • Registration on the platform and the connected membership to the Network are free of charge. By registering, the Member declares that the information he or she provided as part of the registration process is correct and complete. If the circumstances underlying the information change over time, the Member shall update the information on the platform. If a company registers for the platform, the aforementioned provisions shall apply mutatis mutandis to the information provided by the company.
    • Members are responsible for the security of their password. Each Member shall ensure that no third parties are aware of the password. The Member is responsible for the actions undertaken by the user with the Member’s login name and password. If the Member is a company, the company is responsible for ensuring that the password is only accessible to authorised personnel within the company. The company is responsible for the actions undertaken by the user with the Member’s login name and password.
    • The Member is responsible for ensuring that the data he or she uploads to the platform is correct and free of any type of damaging software like viruses, worms, Trojan horses, etc. The Member that uploaded the data in question is liable for any damage caused by corrupted data.
    • All content posted by the Member should be free of any harassment, insults, debasements, unlawful threats, abusive criticism or untrue factual claims. Other infringements of the rights of third parties are also prohibited, as is the uploading of punishable or otherwise unlawful, discriminatory or racist content, or content which glorifies violence or could be considered harmful to young people.
    • The general terms and conditions of the Member shall not be applied in the relationship between ONE LOGIC and the Member. The same applies if ONE LOGIC provides a service without explicitly objecting to such terms and conditions.

 

  1. Intellectual property
    • ONE LOGIC and the companies associated with ONE LOGIC pursuant to sections 15 et seq. of the German Stock Corporation Act (AktG) (hereafter referred to as “companies associated with ONE LOGIC” or “associated companies”) are and remain respective owner and holder of all rights to their respective intellectual property. The term “intellectual property” encompasses all protective rights listed below, regardless of whether they are protected under the laws of the Federal Republic of Germany or any other country, as well as all rights arising from or associated with these worldwide:
      • Name rights, labelling rights, domains, registered designs, templates / designs, slogans and generally intangible goods of a similar kind (registered and unregistered) as well as registration applications for any of the above (referred to collectively as “marks”);
      • Patents and utility models as well as applications for these (referred to collectively as “patents”);
      • Inventions (including employer inventions [service inventions]), to the extent that these can be patented or utility models applied to them, or can be protected under supplementary fair trading performance protection (collectively referred to as the “protectable inventions”);
      • Copyrights and rights similar to copyrights (whether registrable, registered or unregistered) (collectively referred to as the “copyrights”);
      • Know-how, discoveries, methods, processes, techniques, methodologies, formulas, algorithms, architectures, structures, layouts, models, user interfaces, technical data (e.g. production documentation), instructions, patterns / templates, specifications, research and development information, technology, databases, computer programs and other software, source codes, object codes, flowcharts, handbooks, product documentation, trade secrets and other protected or confidential information, including pricing and marketing information, each having an economic value (actual or potential) to other persons who may derive economic value from their disclosure due to the fact that they are not generally known, as well as all documentation and media which embody, describe or are related to the above, with the exception of marks, patents, protectable inventions or copyrights which cover or protect the items listed above (collectively referred to as “know-how”);
      • Publication rights and all other protected, intellectual or commercial protective rights of any kind or nature, whether material or immaterial, which are not marks, patents, protectable inventions, copyrights or know-how or protected by these.
    • ONE LOGIC is exclusively entitled to all results, continued and new developments which are developed during the term of the contractual relationship by or for ONE LOGIC or its associated companies, and all intellectual property connected to, embodied by or resulting from this (referred to collectively as “developments”). This also applies if said developments are based on suggestions, feedback, demands, ideas, contributions, comments, anonymised benchmark figures or other input from the Member (referred to collectively as “feedback”).
    • To the extent that the intellectual property in developments has not already been transferred to ONE LOGIC for other legal reasons, the Member shall transfer all transferable rights to the developments containing and / or based on feedback from the Member to ONE LOGIC in advance and free of charge. If the full transfer of rights is not possible due to legal provisions (e.g. in the case of author’s moral rights), the Member hereby transfers without separate compensation an exclusive, irrevocable, transferable and sub-licensable right of use – unlimited by time, location and content – to use and exploit the developments containing the Member’s feedback and/or based on it in any form and type of use (irrespective of whether known or unknown in the present day). The same applies for all further developments resulting from these. ONE LOGIC hereby accepts the transfer of these rights.
    • The rights granted to ONE LOGIC pursuant to Clause 3 particularly include the right for ONE LOGIC and its associated companies to use developments and feedback to provide commercial consulting and optimisation services as well as other work and services to other Members and third parties, to make them available to other Members or third parties, to modify and recycle them, to process and evaluate them, and to use them for the development of the software or in another way for the business of ONE LOGIC and its associated companies, and to have all of the aforementioned types of use provided by third parties. The permitted usage particularly includes all types of use listed in Section 69c of the Act on Copyright and Related Rights (UrhG).

 

  1. Limitation of liabilities
    • With the current state of technology, data communication via the internet and the availability of the platform cannot always be guaranteed to be free from error and/or available at all times. ONE LOGIC is committed to keeping limitations in the availability of the platform as minimal as possible, but shall not accept liability for the constant and uninterrupted availability of the platform. If maintenance work on the platform becomes necessary, and this will cause a foreseeable limitation in the availability of the platform during normal business hours, ONE LOGIC will inform its Members of this as well as of the expected duration of the interruption in advance wherever possible.
    • ONE LOGIC does not accept any liability for the platform being displayed or functioning correctly if the Member uses an internet browser which ONE LOGIC does not support or which is not up to date. ONE LOGIC is not liable for damage caused to Members’ devices. ONE LOGIC does not accept any liability for the functionality of the software products. ONE LOGIC is otherwise liable for intent and gross negligence. Furthermore, ONE LOGIC is liable for negligent breaches of duties, the fulfilment of which is essential for the proper execution of the contract, the breach of which places the achieving of the purpose of the contract at risk and the observance of which the Member may generally rely upon. In the latter case, ONE LOGIC’s liability is limited to damages which are typical and foreseeable. ONE LOGIC is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
    • Damages resulting from a loss of profit for the Member are not compensated. In the case of loss of data, the Member shall only be compensated for the costs of restoring the data which would be incurred with proper and regular backup of the data. The limitations of liability outlined in this paragraph shall not apply in the case of intent.
    • The aforementioned limitations of liability shall also not apply in the event of injury to life, limb or health or to the extent that ONE LOGIC has assumed a guarantee. Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
    • In the event of liability based on intent, gross negligence, personal injury or under the Product Liability Act, the statutory limitation periods apply. Otherwise, a limitation period of one year shall apply to all claims for damages or reimbursement of wasted expenditure by the Member in the case of contractual and non-contractual liability. The limitation period commences in accordance with the statutory provisions. However, it shall commence no later than 5 years after the claim arises.
    • The aforementioned limitations of liability shall also apply mutatis mutandis for the benefit of ONE LOGIC’s vicarious agents and legal representatives.

 

  1. Termination of the contractual relationship/the membership in the Network
    • The contractual relationship/membership in the Network can be terminated by ONE LOGIC or the Member at any time.
    • To terminate the contract, the Member can send a termination declaration by e-mail to the following e-mail address: support@onelogic.de.
    • After termination of contract, ONE LOGIC shall delete the Member’s user profile entirely. This deletion excludes data that has to remain stored due to statutory archiving obligations or for the purpose of legal prosecution.
    • The provisions from Section 3 remain unaffected by the termination of the contractual relationship.

 

  1. Data protection

Information on the collection and processing of personal data by ONE LOGIC is summarised in the Data Protection Declaration of the ONE LOGIC Network.

 

  1. Right to change
    • ONE LOGIC reserves the right to change functions and content within the Network and platform. If services are limited by this, the user has the right to terminate the user contract with ONE LOGIC pursuant to Section 5.
    • ONE LOGIC reserves the right to change these Terms of Use. ONE LOGIC shall inform the user of any changes via e-mail. If the user does not reject the changes within two weeks of this message, the Terms of Use are assumed to have been accepted. Should the user reject the changes within this period, the previously applicable provisions shall continue to apply.

 

  1. Final provisions
    • The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the place where ONE LOGIC has its registered office.
    • The law of the Federal Republic of Germany applies, with the exclusion of private international law and the UN Sales Convention.
    • If any provision within these Terms of Use should become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be reinterpreted or replaced, such that its intended economic objective and/or ideal purpose will be achieved wherever possible. The same applies to any loopholes.