Terms & Conditions
Terms and Conditions of Use for Mercury, the QuoIntelligence client portal
Scope
These terms and conditions of use of QuoIntelligence GmbH, Radilostr. 43, 60489 Frankfurt am Main, legally represented by its managing director Marco Riccardi (hereinafter referred to as “QuoIntelligence”) regulate the provision of Mercury, the QuoIntellience client portal (hereinafter referred to as “portal”) by QuoIntelligence under the domain https:// mercury.quointelligence.eu/ and the use of the portal by registered users (hereinafter referred to as “user(s)”).
QuoIntelligence offers services and products in the area of Cyber Threat Intelligence. QuoIntelligence offers its customers the use of the portal in accordance with these terms of use. The portal is the essential communication platform between QuoIntelligence and the customer and for an efficient and fast communication between QuoIntelligence and the customer, QuoIntelligence recommends its customers the use of the portal.
These terms and conditions of use apply only to merchants, contractors under Section 14 German Civil Code , legal entities under public law or special funds under public law. The user warrants that they are not a consumer within the meaning of Section 13 BGB.
No verbal agreements hereto exist. These terms and conditions of use regulate the use of the portal conclusively. The user’s terms and conditions contrary to or deviating from these terms and conditions of use will not apply, even if QuoIntelligence does not expressly object to the user’s terms and conditions.
Use and Functional Scope of the Portal
The portal has among other things the following functional scope:
Exchange of messages between QuoIntelligence and the user through the portal,
Uploading of service requests and tracing of the handling status,
Uploading of information and data by the user onto the portal,
Making available of QuoIntelligence’s client information and reports for ordering and/or for download free of charge as well as for a charge, order portal for QuoIntelligence’s additional services.
QuoIntelligence reserves the right to change, expand and update the functional scope of the portal according to item 11 of these terms and conditions of use or discontinue individual functionalities or the portal as a whole.
For the use of the portal, a sufficiently rapid interact connection for which the user themselves is responsible, as well as a current web browser is required. The portal is not constantly and continuously accessible, but will be made available for use as appropriate and as far as possible technically and operationally by QuoIntelligence.
QuoIntelligence is entitled to use subcontractors for the fulfilment of the services under these terms and conditions of use without the user’s consent being required for this.
Registration and Use
The contractual relationship on the use of the portal between QuoIntelligence and the user comes into existence through the registration of the user through the portal including these terms and conditions of use and commences with the successful registration.
Each user of the portal must register themselves and in the course of this create a client account with the user’s corresponding access data (user’s name and password) in the
portal. The registration is made through a double-opt-in procedure. In this, the user firstly receives an e-mail on the registration effected through the portal to the e-mail address indicated by them. The registration is only successful and the user’s client account is created in the portal when the user for their part confirms the registration by clicking on the links contained in this e–mail and receiving a conformation of registration from QuoIntelligence by e-mail to this. Prior to each use of the portal, the user must log-in their access data (“login”). After the end of the use, they should log-out (“logout”) for security reasons.
Hosting
QuoIntelligence will host the portal on a Cloud-based web application and make it available to the Client through the Internet during the term of the Contract.
The portal is hosted by Digital Ocean (https://www.digitalocean.com/) on servers (i.e. “Droplets”) located in Frankfurt, Germany. Digital Ocean is compliant with European GDPR (https://www.digitalocean.com/legal/gdpr/).
QuoIntelligence may carry out updates, changes, adaptations and preventive maintenance work on the Client Portal that can lead to a temporary disruption of the accessibility and availability of the web application.
Notice of Termination and Termination
The user may give notice of termination of the use of the portal at any time through a declaration in text form to QuoIntelligence. The user may also give notice of termination of the use of the portal by deactivating their client account in the portal.
QuoIntelligence may give notice of termination of the use of the portal at any time by giving two weeks’ notice through a declaration in text form to the user.
The right to give extraordinary notice of termination for cause is not affected. Cause for QuoIntelligence exists in particular if the user uses the portal in breach of contract or abusively.
Upon termination of the contractual relationship on the use of the portal, the user is no longer entitled to use the portal and their access data as well as their client account will be deactivated, so that they can no longer use the portal. However, the information and data uploaded onto the portal by the user, which the user has released for sharing, will still be available also after the termination of the contract and may continue to be retrieved by other users through the portal. In addition, the user’s inventory data stored by QuoIntelligence required for the contract implementation and termination must be retained to the legally admissible extent also after the termination of the contract.
User’s Duties and Obligations
The user must fulfil the duties and obligations concerning the proper use of the portal. They must in particular:
use their real name (i.e. no pseudonyms) and correct details when registering for use of the portal;
keep access data for the portal and their client account (user name and password) secret, not make this available to third parties and use sufficiently secure passwords;
keep information and contact data (e.g. e-mail address) deposited in their client account always up-to-date;
concerning the information and data uploaded onto the portal by them, have regard for all intellectual property rights, personality rights and copyrights and not infringe any
third-party intellectual property rights, personality rights or copyrights;
use the portal only for the use of the portal’s functionalities in relation to QuoIntelligence’s services and may not use the portal in breach of contract or abusively.
not upload or use any information, data or malware in the portal that may impair or harm the functionality of the portal;
It is prohibited the use of webcrawler or bots on the portal that do not use the provided API and the contract agreements around them. Any mass-download activity via the portal’s user interface might result in a temporarily block of the entire client’s organization to the portal.
It is prohibited to execute any attempt to test, validate or harm the security of the portal and the systems it relies on. Any attempt will trigger the immediate termination of the contract and additional legal actions.
The user will indemnify QuoIntelligence against all third-party claims that are based on use of the portal by the user that is unlawful, in breach of contract or abusive or is made with their approval or which arise in particular from disputes under data protection law, copyright law, the law on personality rights that are associated with the use of the portal by the user. If the user realises or they must realise that such a breach is imminent, they must inform QuoIntelligence about this without undue delay.
The user may only retrieve such information and data from the portal that has been uploaded by QuoIntelligence in this connection. The user must refrain from retrieving other information or data from the portal without authorisation, or interfering with such that are operated in computer programs or data processing processes by QuoIntelligence without authorisation, or to intrude into QuoIntelligence’s data processing systems or data networks.
Review and Deletion of User’s Information Data
QuoIntelligence reserves the right to review the content of information and data that a user uploads onto the portal and releases for sharing.
User’s Rights of Use to Information and Data
By uploading information and data in the portal, the user grants the simple right of use, unlimited in time and space and free of charge, to such information and data to QuoIntelligence, in particular for the further development and improvement of QuoIntelligence Products and for the handling of service requests and notices of defects. If the user has not released such information and data for sharing, QuoIntelligence will use corresponding information and data with regard to third parties only in anonymised form.
Warranty and Liability
QuoIntelligence does not warrant that the portal will be available and free from interruptions at all times. The internet is an unsafe and unreliable transmission medium, so that QuoIntelligence is not responsible for delays of the access to the internet on the portal outside of QuoIntelligence’s sphere of responsibility.
QuoIntelligence is not liable (a) for any damage that was not reasonably foreseeable at the time of the conclusion of the contract, or (b) for any damage, delays or obstacles to performance that lie outside of QuoIntelligence’s sphere of responsibility, or (c) for any damage that is attributable to an unsuitable or improper use of the portal or use of the portal that is not appropriate or in accordance with the intended purpose as provided by these terms and conditions of use.
QuoIntelligence’s no-fault liability for defects of the portal that have already existed at the start of the contract is excluded.
QuoIntelligence is liable only in the case of culpably caused damage from injury to life, limb or health, for damage due to intent or gross negligence by QuoIntelligence, in the event of non-fulfilment of any guarantees assumed by QuoIntelligence or if QuoIntelligence has maliciously concealed a defect of the portal. Any further warranty and liability of QuoIntelligence is excluded.
The liability under the German Product Liability Act is not affected.
No Responsibility for Third-Party Information, Indemnification by the User
If the user enters information or data onto the portal, the user is solely liable for such information and data. For QuoIntelligence, this is third-party information resp. data outside of QuoIntelligence’s sphere of responsibility. In particular, QuoIntelligence is not obliged to review this information and data for possible infringements. Should third parties bring an action against QuoIntelligence due to possible infringements through such information or data, the user must indemnify QuoIntelligence against any liability in this regard and reimburse QuoIntelligence for the costs that QuoIntelligence incurs due to the possible infringement.
Data Protection
QuoIntelligence will comply with the relevant data protection provisions and in particular only collect, process and use the user’s personal data for the fulfilment of the contractual relationship or for the implementation of precontractual measures that are taken at the user’s request. QuoIntelligence will take suitable technical and organisational measures in accordance with article 32 General Personal Data Protection Regulation and oblige its employees to observe confidentiality in accordance with Art. 5 GDPR.
In addition, QuoIntelligence’s data protection statement, which can be inspected on QuoIntelligence’s web page and retrieval under applies to the portal.
Amendment of the Terms and Conditions of Use or the Functional Scopes
QuoIntelligence reserves the right to amend these terms and conditions of use or change, expand, update, restrict the functional scope of the portal or discontinue individual functionalities or the portal as a whole. If such changes have an adverse impact for the user or on the functional scope of the portal, QuoIntelligence will inform the user about this in text form or by notification through the portal. The user may reject such changes in text form or by notification through the portal within one month after receipt of the notification to QuoIntelligence. If the rejection is not made within this one-month notice period, the changes will enter into force and become binding after the expiry of this one– month notice period. QuoIntelligence will expressly inform the user about this legal consequence together with the notification.
QuoIntelligence will make available the currently applicable terms and conditions of use on the portal.
Prohibition of Assignment and Transfer
The user is not entitled to assign or transfer all or part of the claims and/or obligations under these terms and conditions of use without QuoIntelligence’s prior written consent.
Applicable Law
These terms and conditions of use and all disputes that arise from or in connection with these terms and conditions of use are subject to the law of the Federal Republic of
Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Legal Venue
The exclusive legal venue for all disputes that arise from or in connection with these terms and conditions of use is Frankfurt am Main.
Severability Clause
Should one or several provisions of these terms and conditions of use be or become invalid in whole or in part, or if these terms and conditions of use contain a loophole, this shall not affect the validity of the other provisions.
Last revised: 23.03.2020
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