GAIST GmbH, Am Campus 2, 48565 Steinfurt, Germany, offers a website and other related services referred to as gasketcloud.com or gasketcloud.com-services in the following paragraphs.
All gasketcloud.com-services are aimed exclusively at commercial customers. The use by private end users is excluded.
§1 Specification of services
With the gasketcloud.com services, gasketcloud.com provides an online platform through which the user can create and edit data of gaskets (hereinafter referred to as products) and make them accessible to programs or third parties. In addition, the user can upload and make accessible further information on his products, e.g. documents.
gasketcloud.com is a service for users to manage and make gasket data accessible for other users in his team and third parties. gasketcloud.com is not itself a provider of this data. gasketcloud.com has no influence on which values/files/gasket data or other data the user enters and/or for which purpose the user needs them. Furthermore, gasketcloud.com has no influence on whether the values/files/gasket data or other data processed by the user - see § 1 No. 3 below - is actually suitable for the use intended by the user and/or compatible for the system for which the values/files/gasket data or other data is required. gasketcloud.com is therefore not responsible for the values, files/gasket data and other data published on gasketdata.org and accordingly does not vouch for the accuracy of these published values, files/gasket data and other data, see § 6.
Via an interface, certain data can be accessed and used programmatically by users who have been enabled for this purpose. This possibility is hereinafter referred to as API or gasketcloud.com API.
gasketcloud.com operates an overview and management of meetings of the Gaskets Workgroup (AK Dichtungen). The management includes creating meetings, adding documents to meetings and registering the participation of regular members and guests in meetings and making this information available to other users of the platform.
gasketcloud.com strives to provide the services as uninterrupted as possible. In case of necessary updates, technical failure, adverse circumstances, court orders or other non-negligent causes, an interruption of the service may be the consequence; in all this, gasketcloud.com guarantees an overall availability of the services of at least 99.0% on an annual average.
§2 Registration, Company account, User account
For the use of gasketcloud.com services, except for the freely accessible parts of the website, registration is required. It is also required that the registering user has full legal capacity and acts on behalf and for his company.
The user must be a commercial user. The use of gasketcloud.com services by private individuals is excluded.
The personal and company information provided during registration and within the gasketcloud.com service must be true and complete.
By submitting the registration, the user enters into a contract for the use of the gasketcloud.com services (hereinafter referred to as the User Agreement). The user will receive an email with an activation link, which must be clicked within a certain period of time. Only after activation the user will be listed as such in the system. The User Agreement must then be accepted by gasketcloud.com. There is no claim to the conclusion of a user contract. gasketcloud.com may reject the user contract without giving reasons.
The user will receive different information depending on the selected user categorization (gasket manufacturer, end user, calculator, etc.). gasketcloud.com reserves the right to change or disable existing functions, to introduce new functions or to restrict them depending on the scope of the user contract.
Users are always assigned to a company. If the company does not exist at gasketcloud.com at the time of registration of the user, the company will be created and managed by the registering user from that moment. If the company is already listed on gasketcloud.com, the user will be assigned to this company and is also able to manage the company automatically.
The registered and activated user can see which other users are assigned to his company, which is managed at gasketcloud.com, at any time by visiting his profile.
Each user of a company, which is managed at gasketcloud.com, has equal rights in the adjustment of the company data.
Any customization of the company profile by a user will automatically result in this data being changed for the other users assigned to the company as well.
§3 Service contact conclusion
If the user has successfully registered with gasketcloud.com, he has automatically chosen the service contract with the smallest scope of functions and free of charge for him.
If the newly registered user is another user of an existing user with the same company managed on gasketcloud.com (another employee of an already registered company), he automatically receives the same service contract.
The user has the possibility to change to a service contract of higher value at any time. The change of the service contract always applies to all users who are registered and assigned to the user's company at gasketcloud.com.
The service contract, which may be subject to a charge, will only be charged per managed company, but not for each registered user assigned to the company.
Within the gasketcloud.com service, registered users may be able to take advantage of additional chargeable services. This is indicated at the appropriate place and usually requires the consent of the user.
Service contracts have a separately stated minimum term. Within this term, they can only be replaced by higher-value contracts. The minimum term starts again with the change of the service contract and depends on the selected service contract, regardless of the already elapsed term of the previous service contract. The change to a lower-value service contract is possible at any time, but the old service contract will be charged until the end of its term.
§4 Publication at gasketdata.org
gasketcloud.com offers the platform also for handling the publication of gasket data on gasketdata.org. For this purpose, a sequential process is mapped on gasketcloud.com, which enables the communication required during the publishing process and provides the necessary data exchange between the parties. Parties involved are the user, support (gasketcloud.com) and the supervisory authority. The process is run through according to the waterfall model with possible regression, at the end of which there should be publication.
Registered users have the possibility to submit gasket data for publication on gasketdata.org.
gasketcloud.com checks the submitted data for basic technical plausibility before forwarding it to the independent supervisory authority; the provisions of § 1.2 remain unaffected. If the data is objectionable, gasketcloud.com shall issue a rectification request to the submitting user. Data that is not objectionable - in accordance with § 4.3 sentence 1 - shall be forwarded to the supervisory authority. The latter also checks the basic technical plausibility of the data. If the data have not been determined completely or at least every double check by one of the recognized testing institutes named on gasketdata.org, the supervisory authority shall specify the carrying out of a cross-check of individual values or individual series of values. In this case, a test is carried out by one of the recognized institutes. This institute then issues a result value that must match the specification from the gasket manufacturer or lie within a defined scatter range. The sample for the cross-check is provided by the submitter of the data. If all requirements are met, the data is published on gasketdata.org.
In each case, the terms of publication stated on gasketdata.org apply. By using gasketcloud.com the user has furthermore the possibility to publish documents and other data on gaskets on gasketdata.org to his gasket already published there. gasketcloud.com checks these files before publication and reserves the right to refuse the publication on gasketdata.org, even without giving reasons.
gasketcloud.com is not responsible for the values, files and other data published on gasketdata.org.
The costs for service contracts and other services within the scope of the use of gasketcloud.com services and gasketdata.org are invoiced by GAIST GmbH.
The costs for service contracts (basic, premium and other) are monthly contributions, for certain services one-time contributions. gasketcloud.com decides in which denomination due amounts will be invoiced.
The amount of the costs depend on the extent of use by the user. The individual costs are shown to the user at the relevant place.
The User may store a separate billing address for his company, to which invoices for services will be sent. The User is obliged to make the payment within the period indicated on the invoice. If the payment is not made in whole or in part, gasketcloud.com reserves the right to restrict the use of gasketcloud.com for the user in whole or in part.
§6 Liability of gasketcloud.com
gasketcloud.com itself does not publish any data on gasketcloud.com and affiliated services, such as gasketdata.org, see § 1.2. Accordingly, gasketcloud.com shall not be liable for any damages, in particular consequential harm caused to the User by the fact that the values/files/gasket data or other data entered by the User does not meet the requirements that the User actually needs for its purposes and/or system and/or is incorrect for other reasons.
If one or more services of gasketcloud.com are not available to the User in whole or in part, even for a longer period of time (see also §1 point 5), this shall not constitute a breach of contractual obligations and no claims shall arise therefrom.
§7 Liability and obligations of the user
The User is obliged to refrain from all actions that jeopardize the safe operation of gasketcloud.com and the connected services, e.g. gasketdata.org, or go beyond the intended use. This includes, but is not limited to:
Collecting, using or disseminating information, in particular documents and information about persons, such as names, addresses, telephone numbers and email addresses without the consent of the data owners or relevant circles (e.g. Gaskets Workgroup (AK Dichtungen)).
to make excessive use of the gasketcloud.com services and thereby impair the functioning of the service
to bypass protecting methods against improper use of gasketcloud.com
The user is obliged to upload only gasket data, documents, images and other data to gasketcloud.com that do not violate legal provisions, rights of third parties (in particular copyright, trademark, competition law) or morality.
gasketcloud.com operates an interface to the gasket data published on gasketcloud.com under the name API or gasketcloud.com API. API users can access the published data to a certain extent, depending on the data stored on gasketcloud.com by users and their settings, in whole or in part.
Users uploading gasket data to gasketcloud.com can manually share it for access via the gasketcloud.com API. The release for the API is marked in the overview of the user's individual products.
Products published to gasketdata.org via gasketcloud.com are automatically available via the gasketcloud.com API. This is not changeable.
The release of products for a defined group of users is deviantly called ExportRelease and allows the group of users to use these data independently from the gasketcloud.com API release via the API.
Unless otherwise agreed, e.g. in the context of a service contract, the user may terminate the Usage Agreement, at any time without time limit. The termination must be in text form, e.g. by email to firstname.lastname@example.org.
In the event of termination, there shall be no claim to repayment of costs incurred for services, from service contracts and additional services, not even on a pro rata basis.
If the User to be terminated is the last User of a company managed on gasketcloud.com, all data stored by the User and those assigned to his company account on gasketcloud.com, for example by Users previously assigned to the company, will be deleted upon termination of the Usage Agreement. This includes, among others, gaskets, gasket data, files, documents, logos. If there is another user registered for the user's company managed on gasketcloud.com, the deletion of data is limited to the user's personal data.
gasketcloud.com may terminate the user contract at any time with a time limit of 30 days. If the User concerned is registered on gasketcloud.com solely for his company and if the company or user has booked a certain additional service subject to a charge and provided with a term, the termination shall be effective at the earliest upon expiry of the additional service.
The user may not order any further chargeable services on gasketcloud.com after the termination has become effective.
gasketcloud.com reserves the right to store certain data even after the termination of the user, provided that this data is required for the purpose of the execution of services by gasketcloud.com.
gasketcloud.com reserves the right to irrevocably deactivate or delete users with an incomplete user profile or those users who have not activated their user profile within a specified period by clicking on the link sent by email.
§10 Final clause
The place of jurisdiction for all disputes arising from the Usage Agreement, agreements based on it and other additional agreements is Steinfurt, Germany.
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