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appliedAI Community Website Terms of Use (01.07.2022)

The appliedAI Community Website Terms of Use (“Terms of Use”) are defining the terms and conditions under which you may access and use the Community Website and all the functionalities provided (hereinafter designated together the “Service”).

By accessing or using the Service, by creating a User Account or by logging into with your allocated User ID, the User agrees to be bound by these Terms of Use (including in case of using the Service on behalf of a company).

The User represents and warrants to have the legal rights and capacity to enter into these Terms of Use in the User’s jurisdiction.

Furthermore, the User acknowledges to have read, understood and accepted without limitation or reservation these Terms of Use, which apply in addition to the Privacy Policy, Cookie Policy and the Legal Notice on appliedai.de.

Please review these Terms of Use carefully prior to using the Service. If you do not agree with these Terms of Use, please do not create a User Account or use the Service in any other way.

At any time you may terminate your participation by closing your User Account.

1. Legal Notice

Please find the Legal Notice here: https://www.appliedai.de/legal

The Service is provided by appliedai.de:

in accordance with Section 5 TMG

UnternehmerTUM Solutions GmbH

Lichtenbergstr. 6

85748 Garching b. München

Hosting:

Google Cloud Platform

Company located at Gordon House, 4 Barrow St, Dublin, Ireland

Registered in the Dublin Trade and Companies Register under the number:752925594

Phone number: +353 1 436 1000

2. Definitions

appliedAI: UnternehmerTUM Solutions GmbH’s initiative for the application of AI technology with the vision to lift Germany into the AI age. appliedAI was formed as a neutral and trustworthy initiative that acts both as a platform and service provider.

Community Website: the online platform named community.appliedai.de edited by Hivebrite and provided by UnternehmerTUM Solutions GmbH, allowing User to benefit from the Service.

Data Protection Law: means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).

User Account: means a dedicated online account opened by any visitor and providing an access to the Service.

Identifiers: means login and password or social login the User used to create the User Account.

Party or Parties: means the User and UnternehmerTUM Solutions GmbH designated either individually or collectively.

Service Content: any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials made available during the Service.

User or Users: means any person authorized by UnternehmerTUM Solutions GmbH to access and use of the Service after creation of a User Account.

User Content: any content created, posted, or shared by the User, on or through the Service including any information, data, photos and other content relating to the User.

3. Term

The Terms of Use will come into effect on first access to the Service and continue to apply for the entire duration of use. Please note Section 14 with respect to Updates/ Amendments.

4. Description of the Service

The Service enables Users to connect with each other, build communities, or also do networking.

The Service comprises a suite of online services provided by UnternehmerTUM Solutions GmbH with respect to appliedAI allowing the User to:

  • Connect with people of organizations, groups, businesses the User is interested in:

  • Live feeds: allow Users to have access to a newsfeed aggregating contents posted via the application. They can post and comment on the posts.

  • Chat: Communicate privately with one or more users.

  • Partners: Overview of each partner including your own company.

  • Communicate with others by sharing content such as status, photos, videos, as well as creating events.

  • People search: provide with the contact details of other Users. Standard setting is private (means not visible for others)

  • Groups: Users can be part of groups with all the features of the application.

  • Event / Training organization: allows Users to create and participate in events or trainings.

  • Forums: allow users to ask and respond to questions.

  • Ensure the safety and integrity of the Community Website with a reporting tool allowing the Users to signal contents and other Users.

  • Stay up to date with news about UnternehmerTUM Solutions GmbH and appliedAI and activities in the Community Website:

  • Email campaign: User that have agreed can receive email campaigns from appliedAI.

  • Notification: Users that have agreed can receive notifications.

  • Library and News: Access content aggregated and uploaded by appliedAI.

These Terms of Use govern the use of each component of the Service.

5. Access to the Service

The Service is available on the website https://community.appliedai.de

Access to the Service shall be subject to the creation of a User Account as further outlined below.

5.1. Requirements for the Access to the Service

The User is legally entitled to access the Service.

The User must ensure to have the ability and means required to access and use the Service including:

  • The appropriate hardware (computer, smartphone, etc.) and operating software, whereby it is the User’s responsibility to carry out and ensure the necessary maintenance and security of the applied hardware and software;

  • An internet access from any access provider of the User’s choice;

  • An adapted configuration of the browser

(the “User’s System”).

UnternehmerTUM Solutions GmbH shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services. Specifically, UnternehmerTUM GmbH is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User's computer facilities and equipment.

5.2. User Account

In order to access the Service, the User must create a User Account.

The creation of a User Account requires the entering of personal identification data through the online registration form accessible at the following address: https://community.appliedai.de

The User shall enter user identification data such as name, surname, email, whereby only real names may be used and chose a secure password. Identifiers are personal and confidential.

Each User is entitled to only one User Account, i.e. one User Account per person.

The User agrees to provide only accurate and complete information when creating or updating the User Account or account information.

Creating a User Account using false information is a violation of the Terms of Use; this includes User Accounts created in the name of another person.

5.3. Access Modalities

To access the Service, the User must log-in via the personal User Account using the User’s password.

The User’s login can only be changed at the request of the User or at the initiative of UnternehmerTUM Solutions GmbH. The User’s password is modifiable by the User through the User’s Account. If the User forgets her/his password, the User can generate a new one by clicking on the link “Reset my password” available.

A User Account may not be shared, transferred, or sold to other parties, nor may it be to be used by or made available to any person or entity except the registered User.

5.4. User Responsibility

The User is solely and entirely responsible for the use of the User Account and Identifiers and undertakes to do everything possible to keep it secret and not to disclose them to anyone, in any form whatsoever and for any reason whatsoever.

The User is solely responsible for the activity that occurs on its User Account including without being limited to any actions or declarations made through the User Account, whether fraudulent or not. To this end the User is solely responsible to keep its Identifiers secure and exclude the use of the Identifiers by third parties. The User holds UnternehmerTUM Solutions GmbH harmless any request, claims, demands or proceedings in this respect.

The User is solely responsible for the improper access, damage, disruption, loss or theft and adverse consequences caused by its breach of the confidentiality of the Identifiers. In case of loss, misappropriation or unauthorized use of its password, the User shall immediately notify UnternehmerTUM Solutions GmbH by e-mail at the following address info@appliedai.de.

Furthermore, if the User has reason to believe that a person is fraudulently using identification elements or his User Account, she or he must immediately inform UnternehmerTUM Solutions GmbH by e-mail at the following address info@appliedai.de.

6. Cost of the Service

The Service is available free of charge. For the avoidance of doubt, any costs with respect to the User’s Systems are to be carried by the User and/ or the company on behalf of which the User is accessing the Community Website and Service.

7. Service Content - 7.1. Intellectual Property - UnternehmerTUM Solutions GmbH’s or Third Party Ownership

The Service and the Service Content belong and shall remain the property of UnternehmerTUM Solutions GmbH or its licensors as applicable, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.

The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Article 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.

Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the scope of these Terms of Use or with prior express authorization of UnternehmerTUM Solutions GmbH. Any use of Service Content not expressly authorized by UnternehmerTUM GmbH shall constitute a violation of the Terms of Use and a violation of intellectual property rights.

7. Service Content - 7.2. User’s Right of Use

UnternehmerTUM Solutions GmbH grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of UnternehmerTUM Solutions GmbH.

Furthermore, please see Section 9 (Rules of Conduct for Community Website) below.

7. Service Content - 7.3. No Warranty

UnternehmerTUM Solutions GmbH does not warrant that the Service Content is comprehensive or accurate. The User is solely responsible for the use of the Service Content and bears all the risks arising from your reliance on this information. Section 12 applies.

8. User Content - 8.1. Sharing of User Content

The Service allows the User to share User Content. The sharing of User Content is entirely the User’s decision.

The User is solely responsible for all User Content posted, and assumes all risks relating to its use by others and others’ reliance on its accuracy. The User acknowledges that, following the publication of any User Content, it will become accessible to all the Users on the Community Website and that as such, the User Content will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and UnternehmerTUM Solutions GmbH.

UnternehmerTUM Solutions GmbH will have no responsibility or liability in connection with the User Content.

Furthermore, UnternehmerTUM Solutions GmbH does not undertake to store or continue to display any information or content published by the User. The User agrees that UnternehmerTUM Solutions GmbH is not obligated to make available to the User or store or retain a copy of any User Content that any User provides, except as required by applicable law and as set forth in our Privacy Policy.

UnternehmerTUM Solutions GmbH is not obliged to publish User Content on the Community Website. UnternehmerTUM Solutions GmbH may be legally obliged to remove certain User Content. Please also see Sections 9 and 10 below.

8. User Content - 8.2. Ownership and License

The User represents and warrants that she or he retains ownership of all of his intellectual property rights in the User Content or that the User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or transfer these elements for the purpose of using the Service, under the conditions described in these Terms of Use.

UnternehmerTUM Solutions GmbH does not claim ownership of the User Content, i.e. the User remains owner of the User Content published/ shared. The User grants UnternehmerTUM Solutions GmbH a non-exclusive license to the User Content for its publication on the Community Website provided that this license may be terminated at any time by deleting such User Content from the Community Website or closing the User Account, taking into account that (a) other Users may have copied, in turn shared or stored the User Content shared on the Community Website, and (b) UnternehmerTUM Solutions GmbH has a reasonable period of time to remove such Content from backup and other systems.

The User holds UnternehmerTUM Solutions GmbH harmless from all claims or actions brought by third parties on the grounds of an infringement of their rights, including, without limitation, publicity rights, copyrights, trademark and/or other intellectual property rights or privacy rights in the User Content.

9. Rules of Conduct for Community Website - 9.1. Do’s

  • The User will comply with all applicable laws, including without limitation, data protection laws, intellectual property laws, antitrust laws, export regulations, tax laws and regulatory requirements.

  • The User provides correct information and ensures that it is always up to date.

  • The User uses the Service in a professional manner.

9. Rules of Conduct for Community Website - 9.2. Don’ts

In connection with the use of the Service and Service Content or User’s Content, the User is not authorized to, or cannot allow a third party to:

  • Create a false identity on the Community Website, misrepresent their identity, create a User Account for someone other than their self, or use or attempt to use someone else’s User Account;

  • Create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;

  • Attempts to connect without permission and/or damage, in any way whatsoever, any Users, hosts or networks;

  • Develop, support or use software, devices, scripts, robots or other means or processes (including crawlers, browser plug-ins and add-ons, and other technologies) to scrape the Service or otherwise copy profiles and other data from the Service;

  • Disclose information when they do not have permission to do so (for example, confidential information of others, including their employer);

  • Violate any applicable laws, rules or regulations, notably cause damage or injury to any person or property, infringe any rights of third parties including but not limited to any intellectual property rights of others (including copyrights, patents, trademarks, trade secrets and other proprietary rights) and privacy rights or perform any other illegal, harmful or fraudulent activities;

  • Infringe intellectual property or other rights of UnternehmerTUM Solutions GmbH or its affiliates, including but not limited to (i) copying or distributing our learning videos or other materials, or (ii) copying or distributing our technology unless it has been released under an open source license, or (iii) using the word "appliedAI" or our logos in a company name, email or URL;

  • Publish anything that contains software viruses, worms or other malicious code;

  • Post content which includes without being limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, abusive, hateful, harmful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”) via the Service;

  • Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, the User or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;

  • Attempt to restrict another User from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Use;

  • Probe, scan, or test the vulnerability of any system or network;

  • Remove, circumvent, disable, damage or otherwise interfere with any security measures of any network, computer or communications system, software application, or network or computing device;

  • Disturb, hamper, interfere or interrupt the access to or operation of the Service and Service Content including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;

  • Use the Service for systematic sales activities.


User may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited. Prohibited activities include without being limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by UnternehmerTUM Solutions GmbH or its affiliates (or any individual officer or employee of UnternehmerTUM Solutions GmbH or its affiliates) (3) use that can be confused with official communications of UnternehmerTUM Solutions GmbH or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.

10. Reporting and Moderation

In order to ensure the Community Website provides the best experience possible for everyone, if a User sees any Objectionable Content, the “Report as offensive” feature found under each post must be used.

UnternehmerTUM GmbH has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. UnternehmerTUM GmbH has set up a reporting tool allowing any User to notify Objectionable Content.

The knowledge of such content is deemed effective when UnternehmerTUM Solutions GmbH is notified of the following:

  • The notification date;

  • The notifying User identity;

  • The description of the facts in contention (possibly with screen shots of the content);

  • As well as the reasons for which the content must be removed.

If a User Content is reported, UnternehmerTUM GmbH reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content.

11. Privacy; Confidentiality

By using the Service, User’s personal data, in the meaning of Data Protection Law, may be collected and processed by UnternehmerTUM GmbH in compliance with the UnternehmerTUM Solutions GmbH Privacy Policy and the Cookie Policy, (collectively, “Privacy Policies”).

UnternehmerTUM Solutions GmbH will treat User Content as confidential information in accordance with these Terms of Use and the Privacy Policies.
Please find the privacy policy here: https://www.appliedai.de/privacy.

12. Service, User or Third Party Content, Websites, Events - 12.1. User or Third Party Content

The User uses any content, document, information, data, or elements, including Service Content and User Content, available via the Service and/ or published on the Community Website (“Information”) at their own risk.

By using the Service, the User may be exposed to Information that may be false, incomplete, late, misleading, unlawful, offensive or otherwise harmful. UnternehmerTUM GmbH generally does not review Information provided by other Users or thirds parties. The User agrees that UnternehmerTUM Solutions GmbH is not responsible for any third party content (including User Content).

Information is provided without any guarantees, notably that the Information is comprehensive or accurate.

The User is solely responsible for the use of Information and bears all the risks arising from reliance on this Information. The Information is provided on the condition that the User can determine their interest for a specific purpose before use. Under no circumstances UnternehmerTUM Solutions GmbH accepts liability for any damage arising from reliance on Information, its use or use of a product to which it refers.

12. Service, User or Third Party Content, Websites, Events - 12.2. Hypertext links, Other Websites

The Community Website may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. UnternehmerTUM Solutions GmbH does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites.

If a User uses third-party sites or content from third-party servers, User does so solely at User’s own risk. Links do not imply that UnternehmerTUM Solutions GmbH is affiliated or associated with any linked site.

12. Service, User or Third Party Content, Websites, Events - 12.3. Responsibility for Events

UnternehmerTUM Solutions GmbH expressly excludes any liability for events of any kind that may occur during any meeting organized between Users within the use of the Service.

The User agrees that (1) UnternehmerTUM Solutions GmbH is not responsible for the conduct of Users or other participants in such events, (2) UnternehmerTUM Solutions GmbH does not review such events and (3) that User complies with the terms and conditions applicable to such events.

13. Limitation of Use of Service

UnternehmerTUM Solutions GmbH reserves the right to limit the use of the Service, including the ability to contact other Users. UnternehmerTUM Solutions GmbH reserves the right to limits, suspend, or terminate the User account if the User violates these Terms of Use or any law or misuses the Services (for example by violating Section 9).

14. Exemption and Limitation of Liability

UNTERNEHMERTUM SOLUTIONS GMBH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES AND DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES (INCLUDING CONTENT AND INFORMATION) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNTERNEHMERTUM GMBH AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, DATA ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNTERNEHMERTUM SOLUTIONS GMBH AND ITS AFFILIATES EXCLUDE ALL LIABILITY FOR LOST PROFITS OR BUSINESS OPPORTUNITIES, REPUTATIONAL DAMAGE (E.G., OFFENSIVE OR ABUSIVE LANGUAGE), LOSS OF DATA (E.G., DOWNTIME OR LOSS OF OR CHANGES TO YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT.

These limitations of liability do not apply in cases of death or personal injury, fraud, gross negligence or willful misconduct, breach of a cardinal duty (Kardinalpflicht), the latter being a duty that is a prerequisite for the provision of the Service and which the User may rely on UnternehmerTUM Solutions GmbH to perform, but only to the extent that the damages are a direct result of the breach and were foreseeable at the time of entering into these Terms of Use and to the extent that they are typical damages in connection with these Terms of Use.

15. Updates, Amendments

These Terms of Use as well as the Privacy Policy and the Legal Notice may need to be updated from time to time, including to ensure that they correctly and accurately reflect your access to or use of the Community Website. Therefore, we encourage the User to check them periodically on https://community.appliedai.de (as further outlined under Section 15 below) for updates. By continuing to access the Community Website and the Service after any notice of an update to these Terms of Use, the Privacy Policy and the Legal Notice, the User agrees to be bound by them. Should the User not agree with any amendments the User Account may be closed and the participation terminated.

16. Notices

The User agrees that UnternehmerTUM Solutions GmbH may send notices and messages (e.g. with respect to Updates/ Amendments) through the Community Website or contact information provided by the User. If the contact information provided is not up to date, the User may not receive important communications.

The User agrees that notices and messages may be provided in the following ways: (1) within the Service; or (2) to the contact information provided (i.e. email address). The User agrees to keep the contact information current.

17. Contact

For any questions regarding the Terms of Use, especially use of the Service or any claim, please email us at info@appliedai.de.

Please find our Privacy Policy here: https://www.appliedai.de/privacy.

Please find our Legal Notice here: https://www.appliedai.de/legal.

Please find the updated Terms of Use here: https://www.appliedai.de/appliedai-community-terms-of-use.

Although Users are encouraged to submit their inquiries in regard to the Terms of Use or Privacy Policy or Legal Notice online as outlined above, UnternehmerTUM GmbH offers the option to write to the following postal address:

UnternehmerTUM Solutions GmbH
Attn: appliedAI
Lichtenbergstr. 6
85748 Garching b. München
Germany

18. Applicable Law, Jurisdiction

These Terms of Use shall be governed solely by the laws of the Federal Republic of Germany, excluding the laws of conflict. For Users who do not have a venue in the Federal Republic of Germany, the exclusive place of jurisdiction is Munich, Federal Republic of Germany.

19. Miscellaneous

If a court of competent jurisdiction over these Terms of Use finds that any part of the Terms of Use is unenforceable, UnternehmerTUM Solutions GmbH and the User agree for the court to modify the terms to make that part enforceable, leaving its intent unchanged. If the court is unable to do so, both parties agree to ask the court to remove the unenforceable portion and continue to enforce the remainder of the Terms of Use.

These Terms of Use are the only agreement between UnternehmerTUM Solutions GmbH and the User regarding the Service and supersede any prior agreements regarding the Service.

If UnternehmerTUM Solutions GmbH does nothing to address a breach of these Terms of Use, it does not mean that UnternehmerTUM Solutions GmbH has given up its right to enforce the Terms of Use.

The User may not assign these Terms of Use (or the use of the Service) to any person without our permission. However, the User acknowledges that UnternehmerTUM Solutions GmbH may assign these Terms of Use to its affiliates without User’s permission. There are no third-party beneficiaries in this Agreement.

The User acknowledges to send legal notices to UnternehmerTUM Solutions GmbH only at the address set forth in Section 17.