The following are the terms and conditions for use of the SmartBusinessPlan website service (“Service”), a product of individee GmbH (“SmartBusinessPlan”). Please read them carefully before using the Service.
BY USING THE SERVICE, YOU (the terms “you” or “yours” includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“Agreement”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
You have the exclusive right to use all data derived by your use of the Service, including reports, and graphs, for any purpose related to your organization and you shall retain ownership of all confidential information (collectively, “Client Data”).
SmartBusinessPlan may never access any “Client Data” without written consent by you. Such access may only be limited to support by SmartBusinessPlan.
Notwithstanding the foregoing, in connection with the provision of the Service, SmartBusinessPlan may aggregate data derived from your use of the Service to compile aggregate statistics, metrics and general trend data about the Service for marketing and promotional purposes. For the avoidance of doubt, any data collected, compiled, generated or used in the foregoing manner by SmartBusinessPlan shall not constitute “Client Data.”
You agree to indemnify, hold harmless and defend SmartBusinessPlan, at your expense, against any and all third party claims, actions, proceedings, and suits brought against SmartBusinessPlan or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by SmartBusinessPlan or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement or (ii) your use of the Service. In such a case, SmartBusinessPlan will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. SmartBusinessPlan reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
All notices to be provided by SmartBusinessPlan to You under these Terms may be delivered in writing electronic mail to the electronic mail address provided for Your Account owner. You must give notice to us in writing by Mail to the following address: individee GmbH, Attn: Legal Department, Zossener Str. 41, 10961 Berlin, Germany. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail as permitted above.
These Terms shall be governed by the laws of the State of Berlin, Germany, without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Berlin, Germany, for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by You, Agents or End Users.