Welcome to Evolute Connect!

These Terms of Use govern your use of Evolute Connect and provide information about the Evolute Connect service described below.

1. scope of application

These terms of use apply to users of the internal Evolute Connect area ("Evolute Connect").

2nd contract partner

These Terms of Use constitute an agreement between you and Evolute CX GmbH ("Evolute").

Address: Evolute CX GmbH, Speditionstraße 15a, 40221 Düsseldorf
E-mail: legal@evolute.app

3. rights of use of the content

3.1 Evolute Connect is software designed to promote confidential dialog between you and industrial companies. The aim is to enable industrial companies to develop better or more suitable products, materials or services for craftsmen.

3.2 For this to work, you, as the author of the content you post/share, assign rights of use via Evolute to the industrial company in contact with you - while you remain the author and owner of your posted content.

3.3 If you share, post or upload content that is protected by intellectual property rights (such as text, photos or videos) on or in connection with our Service, you grant Evolute a non-exclusive, transferable, sublicensable, perpetual and unrestricted license to host, use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works from your content so that we can make it available to Evolute Connect. You are not granted any further rights of use that are not required for the operation of Evolute Connect.

3.4 Evolute in turn grants the rights of use granted for the uploaded content to the industrial company in contact with you. This content can be used by the industrial companies to improve their products, services and information. Evolute may not transfer or sublicense the rights of use granted to the content to third parties for any other purpose.

4. obligations/rules of conduct

4.1 You can use Evolute Connect if you

4.1.1 you are over 16 years old and

4.1.2 you work in the skilled trades or for an industrial company or an industrial agency.

4.2 Your obligations

4.2.1 Observe normal forms of politeness. In particular, insults, slander, swear words or exaggerations are prohibited.

4.2.2 Use a factual tone in relation to product feedback/surveys and refrain from exaggeration.

4.2.3 You must not do anything unlawful, misleading or fraudulent or anything for an illegal or unauthorized purpose.

4.2.4 You must not do anything that disrupts or impairs the intended operation of the Service.

4.2.5 You may not attempt to create accounts or access or collect information in an unauthorized manner. This includes creating accounts or collecting information by automated means without our express permission.

4.2.6 You may not post any private or confidential information or do anything that infringes the rights of a third party, including intellectual property rights.

4.2.7 You may not use any content that is protected by law (e.g. by copyright, trademark, patent, design or utility model law) unless you are authorized to do so.

4.2.8 You may not use Evolute Connect in violation of applicable law or for purposes that are incompatible with applicable law.

4.2.9 You may not rent or sell Evolute Connect to third parties, grant sublicenses to third parties or otherwise make the functions or services of Evolute Connect available to third parties.

4.2.10 You may not reverse engineer, decompile, edit or create derivative works from Evolute Connect. Your rights under Section 69d (3) and Section 69e UrhG remain unaffected by this.

4.2.11 You may not distribute, transmit or upload viruses or other malware via Evolute Connect that prevents, restricts or interferes with other users' access to Evolute Connect or disables, restricts or impairs the functionality of Evolute Connect.

4.2.12 You may not circumvent, disable or otherwise interfere with any Evolute Connect security measures designed to prevent or restrict unauthorized use or copying of Evolute Connect content.

4.2.13 You may not attempt to access Evolute Connect by any means other than by using Evolute Connect.

4.3 In the event of a breach of the aforementioned terms of use in sections 4.1 and 4.2, Evolute may exclude you from using Evolute Connect without notice.

5. services provided by Evolute

5.1 Evolute provides Evolute Connect via the Evolute app. You can use Evolute Connect to

5.1.1 Answer surveys of industrial companies,

5.1.2 Responses received from industrial companies and

5.1.3 Partially view feedback from others and the response from industrial companies.

5.2 Evolute processes the information in such a way that industrial companies can further use and analyze your answers/feedback in the best possible way.

6. costs

The use of Evolute Connect is free of charge.

7. declaration of confidentiality

7.1 Confidential information within the meaning of these Terms of Use is

7.1.1 all information that the industrial companies make available to you in connection with Evolute Connect, make accessible to you or otherwise come to your knowledge and

7.1.2 all content provided by industrial companies via Evolute Connect and the related discussions between you and the industrial company concerned.

7.2 Confidential Information within the meaning of Section 7.1 includes, in particular, surveys, product tests, demand surveys, business secrets, products, manufacturing processes, know-how, inventions, business relationships, business strategies, business plans, financial planning, personnel matters, digitally embodied information (data), whereby it is irrelevant,

7.2.1 on which carrier medium the Confidential Information is embodied,

7.2.2 whether they are marked as "confidential" or "secret",

7.2.3 have a special economic value from your point of view or

7.2.4 other technical or organizational measures taken by the disclosing industrial enterprise to protect confidentiality.

7.3 You hereby undertake to,

7.3.1 to treat the Confidential Information as strictly confidential and not to disclose it to third parties (as defined in clause 7.4),

7.3.2 to take at least the same measures with regard to the Confidential Information as it takes to protect its own confidential information, but in any case no less than reasonable measures to prevent the disclosure of Confidential Information and to protect the interest of the disclosing industrial enterprise in its confidentiality,

7.3.3 maintain and use appropriate and up-to-date electronic security measures to protect Confidential Information; and

7.3.4 to use the Confidential Information only for the purpose of using Evolute Connect.

7.4 Third parties within the meaning of these Terms of Use are all persons and companies that (i) are not Evolute or (ii) are not the disclosing industrial company. The disclosing industrial company may authorize you to disclose Confidential Information to third parties by prior written consent.

7.5 You shall immediately notify Evolute in writing if you become aware that Confidential Information has been disclosed in any way to unauthorized persons or if you are aware of any circumstances that indicate a risk of this happening.

7.6 You are prohibited from obtaining confidential information by means of reverse engineering. Reverse engineering includes all actions, including observing, testing, examining, disassembling and, if necessary, reassembling, with the aim of obtaining confidential information.

7.7 The obligation of confidentiality does not apply if

7.7.1 the relevant Confidential Information is publicly known at the time it is provided by an industrial enterprise for any reason other than a breach of this Agreement,

7.7.2 the relevant Confidential Information becomes available to you through a source other than the disclosing industrial enterprise, provided that you have no reason to believe that such source is itself prevented from disclosing the Confidential Information by a legal or contractual obligation,

7.7.3 the disclosing industrial company has authorized you to disclose certain Confidential Information to a third party by prior written consent,

7.7.4 the Confidential Information was already in your lawful possession before it was made available by the disclosing industrial company, or

7.7.5 you are obliged to disclose Confidential Information by order of a competent court, a competent authority or a mandatory provision of stock exchange law.

Otherwise, Section 5 GeschGehG remains unaffected by this provision.

7.8 If you are compelled to disclose Confidential Information in a case under clause 7.7.5, you will notify the disclosing industrial company in writing of the required disclosure immediately upon receipt of the injunction or order and will not make any further disclosure and will assist the disclosing industrial company in protecting or obtaining legal protection for the Confidential Information to the extent possible.

7.9 Upon written request from the Disclosing Company, you shall promptly return to the Disclosing Company, or destroy, at the Disclosing Company's option, all physical and/or electronic reproductions and copies of Confidential Information, including materials made by you, containing or revealing Confidential Information (regardless of the medium on which they are embodied) and promptly confirm in writing to the Disclosing Company that they have been returned or destroyed in full.

7.10 Applicable statutory retention obligations shall only conflict with this if they are mandatory. A right of retention on your part (regardless of the legal grounds) is excluded.

8. liability

8.1 Evolute is liable without limitation for intent and gross negligence, for damages resulting from injury to life, limb or health by Evolute, its legal representatives or vicarious agents and in accordance with the Product Liability Act.

8.2 Evolute is only liable for slight negligence if a material contractual obligation has been breached by Evolute, its legal representatives or executive employees or vicarious agents. Evolute shall only be liable for foreseeable damage that can typically be expected to occur. Essential contractual obligations are those obligations that form the basis of the contract, that were decisive for the conclusion of the contract and on the fulfillment of which you may rely.

8.3 Evolute's liability is otherwise excluded.

9. exemption

9.1 You are responsible for ensuring that no third-party rights are infringed when using Evolute Connect.

9.2 You shall indemnify Evolute on first demand against all third-party claims if and insofar as these are based on your failure to comply with the contractual obligations. The same applies to the legal costs incurred in connection with the defense against such claims, i.e. the lawyer's fees and court costs actually incurred as well as other costs associated with the conduct of the proceedings.

10. further agreements

It is possible that industrial companies participating in Evolute Connect may enter into an additional agreement that regulates rights of use, confidentiality or field test procedures; this is not excluded by this rights of use agreement.

11 Amendments and additions to the terms of use

Evolute reserves the right to change or amend the Terms of Use. Evolute will inform you of any changes or additions. Amendments and additions shall be deemed to have been accepted by you unless you object in writing within four weeks of notification. Evolute will point out the consequences of silence in the notification of the change or addition to the terms of use. If you do not agree to the changes or additions, Evolute may exclude you from using Evolute Connect without notice if, taking all circumstances into account, further use by you is unreasonable for Evolute. In the event of changes or additions to the terms of use that are mandatory under applicable law or by court or official order, the aforementioned period may also be shorter.

12. final provisions

12.1 Nothing in these Terms of Use shall be construed as granting or conferring any rights in favor of You by license or otherwise with respect to any patent rights, copyrights, trade secrets or other intellectual property rights, nor does this Agreement grant You any rights with respect to the Confidential Information, except for the use of the Confidential Information as set forth in these Terms of Use.

12.2 Deviating or supplementary terms and conditions of business/use from you are not recognized and are therefore not part of the contract, even if Evolute does not object to them. Even if Evolute refers to a letter that contains or refers to third-party terms and conditions, this does not constitute agreement with the validity of those terms and conditions. Only if Evolute expressly agrees in writing to the validity of other terms and conditions of business/use shall these apply.

12.3 There are no verbal or written collateral agreements to these Terms of Use. Amendments to these Terms of Use must be made in writing.

12.4 The place of performance for all obligations arising directly or indirectly from these Terms of Use is the registered office of Evolute.

12.5 You are only entitled to offset and withhold payments on the basis of undisputed or legally established claims arising from and in connection with these Terms of Use.

12.6 You must obtain Evolute's prior written consent to any assignment of your rights under these Terms of Use.

12.7 The Terms of Use shall be governed by German law as applicable between parties domiciled in Germany, with the exception of the UN Convention on Contracts for the International Sale of Goods, which shall not apply.

12.8 The exclusive place of jurisdiction is - as far as legally permissible - Düsseldorf.

12.9 Should individual provisions of the Terms of Use be invalid or unenforceable or become invalid or unenforceable after conclusion, this shall not affect the validity of the remaining provisions of the Terms of Use. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.