§ 1 Applicability
(1) The emcra GmbH, Hohenzollerndamm 152, 14199 Berlin, Germany (hereafter referred to as ‘operator’), offers enterprises and organisations (hereafter referred to as ‘users’) the opportunity independently of their legal structure (a) to evaluate their own current status quo in terms of their digital transformation with the “Quick Check”, (b) to gain knowledge about the strategic digital transformation of small and medium-sized enterprises in the services sector within an online learning tool. This is done by means of the digital transformation tools.
(2) Use of the digital transformation tools is solely possible on the basis of these terms of use. Deviations from this are only valid if they have been agreed in writing. Requirements of our contractual parties that contradict or deviate from this are not contained in the contract, even if the operator does not expressly contradict them. These terms of use are valid only for companies, legal entities of public law and special funds under public law in accordance with § 310 of the German Civil Code BGB (hereafter ‘organisations’)
§ 2 Occurrence of the terms of use for the platform
(1) Use of the (a) “Quick Check” and the (b) online learning tool requires the previous realisation of a platform licence contract (hereafter ‘licence agreement’). The user accepts the digital transformation tool’s terms of use by clicking on “Start” for either the (a) “Quick Check” or for (b) online learning tool.
(2) The licence agreement is closed for an indefinite time period. Once the user has created an account the contracting parties can terminate the licence agreement at the end of the following month through written communication (email is sufficient) without giving reasons.
§ 3 The digital transformation tools
(1) The digital transformation tools can be used free of charge.
(2) The digital transformation tools are (a) a “Quick Check” for self-evaluation and (b) a practically-oriented online learning tool. These two offers make it possible for organisations to analyse their digital transformation independently and economically, and for them to build up their knowledge about strategy development for digital transformation and about digital technologies.
(3) As a result of the “Quick Check” for self-evaluation, the user will receive an indication of the current state of their digital transformation. This is a standardised assessment which should serve as the basis of discussion for the user. The user is personally responsible for the implementation of these recommendations and any possible reactions to this indication.
(4) The results of the (a) “Quick Check” can be viewed and printed out immediately once the questions have been answered. Since the “Quick Check” is carried out anonymously, the results can no longer be accessed once the results page has been left. There is no limit to number of the times that the “Quick Check” can be repeated.
(5) The (b) online learning tool will convey to the users’ employees in 21 learning modules with the help of vivid information and practical exercises how they can develop a strategy for their digital transformation and which current digital technologies should be taken into account whilst doing this. With the help of templates they can produce their own strategy and directly apply the knowledge that they have gained.
(6) There is no limit to the time period in which the user can complete the online learning tool. If the user creates an account, the user’s progress will be saved. When the user next logs in, they will be shown their progress in the respective learning modules. If a user does not log in at least once within a twelve-month period, the operator reserves the right to delete the account.
§ 4 Operation and availability of the digital transformation tools
(1) The operator reserves the right to discontinue the platform at any time.
(2) As long as the operator maintains the platform, an availability for the digital transformation tools of 98.5% on working days between 8:00am and 6:00pm is guaranteed. In addition to this, maintenance, updates and administrative work can lead to the digital transformation tools not being available temporarily. As far as possible, delays will be announced beforehand on the website and undertaken during times when the digital transformation tools are statistically used less frequently.
§ 5 Copyrights
(1) The user received a simple right to use the proprietary components of the digital transformation tools for the purposes of self-evaluation and strategy development. This is temporally limited to the duration of the contract. The software code of the digital transformation tool also consists in open source components that the separate open source developers have made available to the general public to use free of charge. The user receives sufficient rights to use the open source components from the open source developers to be able to make unrestricted use of the digital transformation tools in line with this contract. You can find out which open source components were used and further information about these open source components in the operator’s imprint.
(2) The right to the proprietary components from § 5 Para. 1 includes only the use of the digital transformation tools in accordance with the rules predefined by the operator and especially does not include the reproduction, distribution, general publication or editing of the software of the digital transformation tool.
(3) The texts for the “Quick Check”, the texts from the online learning tool and the templates which can be downloaded from the online learning tool are subject to the Creative Commons Attribution ShareAlike License Version 4.0, by the Commons Attribution ShareAlike Licence Version 4.0 (CC-BY-SA, https://creativecommons.org/licenses/by-sa/4.0/legalcode).
(4) You can find further information about the licences in the imprint.
§ 6 Client obligations
(1) The client is obligated to use the operator’s services appropriately and to take recognised principles of data security into account. The client is in particular obliged:
- to not use the platform improperly but to use it exclusively in accordance with the applicable national and international laws and regulations. The client is especially obliged not to infringe upon any third party rights, for example personal rights, copyrights, trademark laws, naming laws and any general commercial property rights of third parties;
- to not use any passwords or code numbers (PIN) that correspond, for example, to their own name or birthday or that of a very close person, or that are used to access other services;
- to maintain the secrecy of passwords and code numbers (PIN) and to immediately change them or arrange for them to be changed if the suspicion arises that an unauthorised third party has gained knowledge of them;
- to end using the platform with consideration for the specifications provided by the operator for properly logging out (ending the session);
- to refrain from transferring any information or data gained from the platform outside of their organisation, especially not to pass this on to third parties for commercial purposes. This also includes the transfer to partners.
(2) It is not permitted to download, cache, make publicly accessible and/or take into one’s own offer qualitatively or quantitatively substantial parts of data from the platform, whether this is done with the help of crawler software or in another way. Repeated and systematic downloading, caching, making publicly accessible and/or taking into one’s own offer qualitatively or quantitatively insubstantial parts of data is equivalent to downloading, caching, making publicly accessible and/or taking into one’s own offer qualitatively or quantitatively substantial parts of data, to the extent that these actions run contrary to a normal evaluation of data or unreasonably interfere with the authorised interests of the operator.
(3) Even with the greatest possible care, the operator cannot guarantee that all available information is accurate. Because of mistakes due to transferring and/or entering data by hand, for example number and figure citations etc., the information made available on the platform can be flawed. It is therefore the client’s responsibility to check and verify the information that is contained here.
§ 7 Blocking
(1) If concrete indications exist that a user has infringed upon legal regulations, third party rights, or his own obligations (as outlined under number 5 in this terms of use), the operator can temporarily or permanently restrict or ban this user from using the digital transformation tools, in particular for the protection of other users.
(2) The operator will take into account the authorised interests of affected users when choosing the means. This is particularly applicable when indications exist that the user is not culpable for the violation.
(3) A final exclusion of a user from the digital transformation tools requires a material breach against significant obligations of the user in accordance with number (1). A final exclusion is at all events justified if the user has entered incorrect contact details, enabled an unauthorised third party to access his account or repeatedly contravened his obligations as outlined under number 6 of this terms of use.
§ 8 Liability, Limitation
(1) The operator has unlimited liability for damages arising from culpable injury to life, body or health.
(2) The operator is only liable for other damages if the damages are based on the intent or gross negligence of its legal representatives, employees or agents. The liability for damage is limited to foreseeable damages that typically arise with these kinds of contracts if the operator is not charged with intent. The operator is also only liable for slight negligence in the area of chargeable offers insofar as essential contractual obligations (‘major obligations’) are infringed upon. Major obligations are those which first enable the proper implementation of the contract and on the keeping of which the user may regularly rely. In the case that major obligations are neglected the liability is also limited to foreseeable damages that typically arise with these kinds of contracts.
(3) To the extent that the operator is liable in cases of gross negligence for various damages in accordance with number 8 paragraph 2, the liability is limited to € 500.00.
(4) To the extent that the operator is liable in cases of slight negligence subject to number 8 paragraph 2, the liability in each case is limited to the amount of € 200.00.
(5) The operator is not liable for data or information which the user or any third party downloads from the portal or which are in any way made available on the portal. The operator is neither liable for the completeness, accuracy or currentness of this data and information, nor that it is free from any third party rights, nor that the user or a third party are acting lawfully when they download any data from the portal. The operator is also not liable for any damages which arise through faulty operation of the system.
(6) The operator is not liable for possible damages which may happen to the user if he implements the recommendations given by the platform.
(7) Mandatory statutory regulations such as the product liability act remain unaffected by the arrangements given above.
§ 9 Other rules
(1) The place of jurisdiction for all litigation with the operator ensuing from these terms of use is the location of the operator. The operator is however authorised to call the courts that are responsible for the place of business of the client.
(2) In the event that one or several of the aforementioned clauses are inapplicable or may become so in the course of time, the remaining clauses remain unaffected by this.
(3) This contract is subject to the laws of the Federal Republic of Germany with the exception of rules concerning conflict of law and the UN sales convention (CISG).
(4) The operator reserves the right to change these terms of use to an extent that is reasonable for the user. The newest version of the terms of use has authority, so long as the user does not contravene the new terms of use within four weeks after the operator has expressly indicated the effects of his silence to him.
(5) The operator can change or suspend parts or particular functions of the digital transformation tools at any point. In accordance with this the platform operator can limit use and access to the offers in the platform at any point, as well as limiting the duration and extent of use.
(6) If suggestions for improvement or further development of the platform are made by a user through the feedback function on the platform, the user maintains no right to these suggestions.
