Term of Use for Evolute Connect

Note: This article is provided as a courtesy. It has been automatically translated using software and may not have been proofread. The German language version is considered the official version and you can find the most up-to-date information there. You can access it here.

Welcome to Evolute Connect!

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

1. Scope of Application

These Terms of Use apply to users of the internal Evolute Connect service („Evolute Connect“).

Evolute Connect is a separate and distinct service in the general Evolute App, which can be accessed via the clipboard button in the top right corner of the Evolute App.

2. Contracting Parties

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

 

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

3. Content Usage Rights

3.1

Evolute Connect is a software designed to promote a confidential dialogue between you and industrial companies. The goal is that industrial companies can develop better or more suitable products, materials, or services for craftsmen.

3.2

For this to work, you, as the creator of the content you post/share, give usage rights via Evolute to the industry company in contact with you – while you remain the creator and owner of your posted content.

3.3

If you share, post or upload content 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 right to host, use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works from your content for us to make available to Evolute Connect. You are not granted any additional rights of use that are not required for the operation of Evolute Connect.

3.4

Evolute, in turn, grants the granted rights of use to the uploaded content to the company in contact with you. This content may be used by the company to improve its products, services, and information. For other purposes, Evolute may not transfer or sublicense the right of use granted to the Content to any third party.

4. Obligations/Rules of Conduct

4.1

You can use Evolute Connect if you

4.1.1

are over 16 years of age and

4.1.2

work in crafting or for an industrial company or agency.

4.2

Your obligations

4.2.1

Adhere to normal forms of politeness. Insults, slander, profanity or exaggeration are prohibited.

4.2.2

Use a factual tone in relation to product feedback/campaigns and refrain from exaggerations.

4.2.3

You must not do anything illegal, misleading, or fraudulent or for any illegal or unauthorized purpose.

4.2.4

You must not do anything that interferes with or impairs the intended operation of the service.

4.2.5

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

4.2.6

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

4.2.7

You must not use any content protected by law (e.g., by copyright, trademark, patent, design, or utility model law) unless you are entitled to do so.

4.2.8

You must not use Evolute Connect in violation of any applicable law or for any purpose that is inconsistent with any applicable law.

4.2.9

You must not rent or sell Evolute Connect to third parties, sublicense Evolute Connect to third parties, or otherwise make Evolute Connect features or services available to third parties.

4.2.10

You must not reverse engineer, decompile, edit, or create derivative works of Evolute Connect. Your rights under § 69d (3) and § 69e UrhG remain unaffected.

4.2.11

You must not distribute, transmit or upload to Evolute Connect any viruses or other malicious software that prevents, restricts, or disrupts other users‘ access to Evolute Connect or disables, restricts, or disrupts the functionality of Evolute Connect.

4.2.12

You must not circumvent, disable, or otherwise interfere with any Evolute Connect safeguards designed to prevent or restrict unauthorized use or copying of Evolute Connect Content.

4.2.13

You must not attempt to access Evolute Connect other than by using Evolute Connect.

4.3

In the event of breaching the usage regulations in sections 4.1 and 4.2, Evolute may exclude you from using Evolute Connect without notice.

5. Services of Evolute

5.1

Evolute provides Evolute Connect through the Evolute app. Through Evolute Connect, you can

5.1.1

respond to campaigns/surveys from industry organizations,

5.1.2

receive responses from industry companies, and

5.1.3

partially view feedback from others and the response from industry companies.

5.2

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

6. Costs

The use of Evolute Connect is free of charge.

7. Confidentiality Agreement

7.1

Confidential information in the sense of these terms of use are

7.1.1

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

7.1.2

all industry company contents made available through Evolute Connect and related discussions between you and the applicable industry company.

7.2

Confidential information within the meaning of clause 7.1 includes, but is not limited to, surveys, product tests, demand surveys, trade secrets, products, manufacturing processes, know-how, inventions, business relationships, business strategies, business plans, financial planning, personnel matters, digitally embodied information (data), it being irrelevant,

7.2.1

on which carrier medium the confidential information is embodied,

7.2.2

whether it is marked as „confidential“ or „secret“,

7.2.3

from your point of view it has a special economic value, or

7.2.4

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

7.3

You hereby must

7.3.1

keep confidential information strictly confidential and not disclose it to any third party (as defined in section 7.4),

7.3.2

take at least the same measures with respect to the confidential information as it takes to protect its own confidential information, but in any event no less than measures reasonably acceptable to you, to prevent the disclosure of confidential information and to protect the interest of the disclosing industrial company in keeping the confidential information confidential,

7.3.3

maintain and use reasonable and current electronic security measures to protect the confidential information, and

7.3.4

to use the confidential information only for the purpose of using Evolute Connect.

7.4

For purposes of these Terms of Use, third party means any person or entity that is (i) not Evolute or (ii) not the disclosing industry entity. Disclosing any industrial company may permit you to disclose confidential information to third parties by prior written consent.

7.5

You will promptly notify Evolute in writing if you become aware that any confidential information has in any way come to the attention of any unauthorized person or if you have circumstances indicating that there is a risk that this may occur.

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 shall not apply insofar as

7.7.1

the confidential information concerned is publicly known at the time it is made available by an industrial enterprise for a reason other than the breach of this agreement,

7.7.2

the confidential information in question becomes available to you by means of a source other than the disclosing industrial enterprise, if you have no reason to believe that this source is itself prevented from disclosing the confidential information by a legal or contractual obligation,

7.7.3

the disclosing industrial company has permitted you, by prior written consent, to disclose certain confidential information to a third party,

7.7.4

the confidential information was already lawfully in your possession prior to its provision by the disclosing industrial enterprise, 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, § 5 GeschGehG will remain unaffected by this provision.

7.8

If you are compelled to disclose confidential information in a case referred to in section 7.7.5, you must inform the disclosing industrial enterprise in writing immediately upon receipt of the injunction or order about the required disclosure and shall not make any further disclosure.

7.9

Upon written request of an disclosing industrial company, you must promptly return to the disclosing industrial company or destroy, at the disclosing industrial company’s option, all physical and/or electronic reproductions and copies of confidential information, including materials made by you that contain or are inferential to confidential information (regardless of the medium in which they are embodied), and promptly confirm in writing to the disclosing industrial company that such return or destruction is complete.

7.10

Applicable statutory retention obligations shall only prevent this if they are mandatory. Any right of retention on your part (on whatever legal grounds) is excluded.

8. Liability

8.1

Evolute is liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health by Evolute, its legal representatives, or vicarious agents, as well as under the Product Liability Act.

8.2

Evolute shall only be liable for slight negligence if a material contractual obligation has been breached by Evolute, its legal representatives or executives or vicarious agents. Evolute shall only be liable for foreseeable damage, the occurrence of which must typically be expected. Material contractual obligations are obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which you may rely.

8.3

In all other respects, Evolute’s liability is excluded.

9. Freistellung

9.1

You are responsible for ensuring that the use of Evolute Connect does not infringe the rights of third parties.

9.2

You must indemnify Evolute upon first request against all claims by third parties, if and to the extent that these are based on your non-compliance with the contractual obligations. The same shall apply to the legal costs incurred in connection with the defense against such claims, i.e., the actual lawyer’s fees and court costs incurred as well as the other costs associated with the litigation.

10. Further Agreements

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

11. Changes and Amendments to the Terms of Use

Evolute reserves the right to change or amend the Terms of Use. Evolute will notify you of any changes or additions. Amendments and supplements shall be deemed accepted by you unless you object in writing within four weeks after 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 amendments, Evolute may exclude you from the use of Evolute Connect without notice if the further use by you is unreasonable for Evolute under consideration of all circumstances. In the case of mandatory changes or amendments to the Terms of Use required by applicable law or court or administrative order, the period may also be shorter.

12. Final Provisions

12.1

Nothing in these Terms of Use must 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 shall this agreement grant you any rights with respect to the confidential information, except for the use of the confidential information as provided in these Terms of Use.

12.2

Any deviating or supplementary terms and conditions of business/use of you must not be recognized and must therefore not form part of the agreement, 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 shall not constitute an agreement to 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 must be 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 payment based on undisputed or legally established claims arising from and in connection with these Terms of Use.

12.6

You require the prior written consent of Evolute for any assignment of your rights under these Terms of Use.

12.7

The Terms of Use must be governed by and construed in accordance with the laws of the Federal Republic of Germany as applicable between parties with their place of business in Germany, except for the UN Sales Convention, 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 does not affect the validity of the Terms of Use in other respects. The invalid or unenforceable provision will be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective.