Terms and Conditions Sec. 1 Scope of application (1) The following terms on the conclusion of contracts apply to orders placed via our online shop https://irisnet.de. (2) The range of services in our online shop is targeted exclusively to entrepreneurs within the meaning of Sec. 14 of the German Civil Code (BGB). (3) Our deliveries, services, and offers shall be made exclusively based on these General Terms and Conditions. The General Terms and Conditions of Business thus also apply to all future business relations, even if they are not expressly agreed again. (4) General terms and conditions of the customer shall not apply. Sec. 2 Subject matter of the contract, scope of functions, and remuneration model (1) The subject-matter of the respective contract is the provision of the AI software applications from Irisnet (hereinafter referred to as AI application) for a limited period of time during the respective contract term and the granting of the rights of use described in Sec. 4. (2) The AI application is provided on a server operated by us, which is accessible via the Internet. For "on-premise" solutions, the customer provides one or more computers suitable for the AI application. This is prepared by us for the execution of the AI application and can be used in your company network. The number of computers on which the software may be operated shall be determined in the contract. The customer shall be responsible for the configuration and maintenance of the on-premise computers. (3) The nature and functionality of the AI application are described on the documentation of our Application Programming Interface (API), available on our website at https://irisnet.de/API. The information contained therein shall be understood as a performance description and not as a guarantee. A guarantee is only granted if it has been expressly designated as such. (4) For our AI application, we guarantee a recognition accuracy of 95%. The age check shall be deemed as an exception. Since the AI can only evaluate the appearance and we have no further information, the result of the check is only a recommendation. Our neural networks are kept up to date with the latest technical standards through continuous training and development. (5) We generally recommend the customer to delete or not to play media which are objected to by the AI. It is quite common for videos to still contain short sequences that do not comply with the rules specified by the customer, even after they have been revised by the AI application. (6) We provide the customer with the AI application by making it available for a certain period of use. The calculation is usage-dependent based on so-called credits. Credits will only be deducted from the account balance when using recognition, e.g. in the context of image and video recognition. Depending on the combination, an artificial intelligence can consist of several neuronal networks connected in series. The number of credits calculated for image recognition also depends on this. The number of credits per detection for the current configuration can be queried at any time and free of charge via our API. After purchasing a package, the customer receives a license key that has been loaded with the corresponding number of credits. 365 days after ordering a credit package, the possibility of using the AI application based on the temporary software transfer agreement ends. Details of the amount of the remuneration and the payment processing are regulated under Sec. 6 or can be viewed on our website. (7) By using the AI application, the customer grants us the right to process its contents with our technical systems. (8) We store the customer's pictures or videos only to the extent necessary for processing. In particular, the customer grants us the right to use exclusively for processing this data for this purpose. The data is deleted shortly after the end of a session. Sec. 3 Conclusion of the contract and storage of the contract text (1) The presentation of the AI application in the online shop does not represent a legally binding offer, but only an invitation to order. (2) In the event of the conclusion of the contract, the contract shall be deemed to have been concluded with net mobile minick GmbH Niederkasseler Lohweg 175 DE-40547 Düsseldorf Local Court Düsseldorf Register Number 82622 Head office of the company: (3) By clicking the button ["order with obligation to pay"] you submit a binding offer to conclude a contract (Sec. 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary. The order is made in the following steps: 1) Selection of the desired service package on a credit basis 2) Confirm by clicking the buttons "Order" or "Add to cart" 3) Check the information in the shopping cart 4) Press the button "Continue to checkout" 5) Log in to the online shop after registration and entering the login details (e-mail address and password). 6) Re-examination or correction of the respective data entered. 7) Binding dispatch of the order by clicking on the button "order with obligation to pay". We confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this, we accept the customer's offer to conclude a temporary software license agreement. After receipt of payment, we send the customer the license code for the use of the AI application. (4) We save the text of the contract and send you the order data and our terms and conditions via e-mail. You can also view the terms and conditions at https://irisnet.de/allgemeine-geschaeftsbedingungen/. You can view your past orders in under My Account --> Orders. Sec. 4 Granting of rights of use (1) Upon full payment of the fee for the selected credit package, the customer receives the non-exclusive, non-transferable, and non-sublicensable right to use the AI application, which is limited to the duration of the respective contract (maximum 365 days from the conclusion of the contract), under the scope granted in these General Terms and Conditions. (2) In case of a separate assignment of a so-called "On-Premise" solution, the customer shall be entitled to use the AI application in the company network on the number of computers ("company license") as provided in the contract. Sec. 5 Updating the AI application (1) Taking our interests into account, we can change the AI application within the scope of technical possibilities and use it in the current version if the change of the AI application is reasonable for the customer. Irisnet will notify the customer of changes to the AI application. Should this change result in a compulsory change in usage (no backward compatibility) for the customer, irisnet will announce this, 4 weeks prior to the changes taking effect, whereby an extension does not constitute a compulsory change in use in this sense. Example: The AI recognizes Object1 and Object2, after the release, Object3 will be added. Since the existing properties are still recognized, this does not constitute a compulsory change in usage. (2) Updates, upgrades, patches are included in the scope of services unless the individual contract contains a different provision. Sec. 6 Prices and payment (1) The prices stated on the product pages of our website are not including the currently valid statutory VAT rate. (2) Payment shall be made optionally via
  • Prepayment by bank transfer,
  • Paypal or
  • Credit card (Stripe).
(3) The selection of the respectively available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only advance payment to cover our credit risk. (4) When paying with PayPal you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterward. (5) In the case of payment by credit card, the payment is processed by the payment service provider Stripe, 8th St STE 100, San Francisco, CA 94110-2043, USA, to whom we pass on the information about your order including name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number. Your data will only be passed on for payment processing with the payment service provider Stripe Ltd. For more information about Stripe's privacy policy, please refer to the URL https://stripe.com/de/terms. Credit card information is not stored on our website. Sec. 7 Maintenance the AI application (1) We warrant that the contractually agreed quality of the AI application is maintained during the term of the contract and that no rights of third parties conflict with the contractual use of the AI application. We will remedy any defects of quality or title in the AI application within a reasonable time or have them remedied by authorized third parties. (2) The customer is obliged to report defects in the AI application in writing immediately after their discovery. In the case of material defects, this shall be done by describing the time of occurrence of the defects and the detailed circumstances. (3) Not included in the scope of maintenance services are: - Corrections and adjustments that become necessary due to incorrect use of the AI application by the customer - Changes required due to changes in customer data, changes in legislation, or other changes beyond our control that affect the functionality of the AI application; (4) Additional support services shall only be provided by us in return for additional remuneration related to the work involved. Sec. 8 Intellectual property (1) The customer declares not to violate any intellectual property rights of ours and not to change or remove any copyrights, trademarks, or other notices from authorized contents of the AI application. Any use of extracts from the AI application other than following these rules and with the provisions in the respective individual contracts is prohibited. (2) The AI application or parts of the AI application parts may not be reproduced or stored on other websites without our prior written consent. The customer will notify us immediately if he/she becomes aware of unauthorized access or the use or reproduction of the AI application or any part of the AI application. Sec. 9 Customer service Our customer service for questions, complaints, and objections is available to you on workdays from 9:00 to 17:00 at Tel: +49 (0) 211 545 621 – 0 Fax: +49 (0) 211 545 621 – 99 or at http://irisnet.de/support Sec. 10 Liability (1) Our liability - regardless of the legal grounds - is limited to damages caused by us, our legal representatives, or vicarious agents intentionally, through gross negligence or through the breach of obligations essential for the fulfillment of the purpose of the contract (obligations whose fulfillment is essential for the proper execution of the respective contract and on whose compliance the customer regularly relies and may rely) through slight negligence. (2) In cases of slight negligence, our liability shall be limited to the number of damages typical for comparable services of this type, which were foreseeable at the time of conclusion of the contract or the latest when the breach of duty was committed. (3) Claims for damages arising from mandatory statutory liability, e.g. under the Product Liability Act and due to injury to life, limb, or health shall remain unaffected by the above provisions. The limitations of liability resulting from paragraphs 1 and 2 shall also not apply, insofar as we - have fraudulently concealed a defect, - have assumed a guarantee for the quality of the goods or the existence of performance success, - in case of delay, if a fixed delivery date has been agreed. (4) Strict liability for defects already existing at the time of the conclusion of the contract according to Sec. 536a BGB is excluded. (5) When concluding the respective individual contract, the customer and we assume that the foreseeable damage typical for the contract within the meaning of paragraph 2 for the services from the respective individual contract is a maximum of EUR 3,000 per case of damage. All damages that have occurred and are based on the same cause of damage are considered to be one damage event. In the event of several damages caused by slight negligence, liability - irrespective of the cause of the damage - is limited to a total of EUR 20,000 per calendar year. If in the opinion of the customer the foreseeable risk exceeds the above amounts when the order is placed, we shall negotiate higher liability sums with the customer in the respective individual contract and conclude a separate written agreement to this effect. We have the right to combine the increase of the liability sums with an increase in the remuneration. (6) For on-premise solutions, liability is regulated in the respective contract, but in principle, we do not assume any liability for the condition of the customer's system, since the customer administers and operates the system himself. Our liability under the provisions of this paragraph therefore relates solely to the AI application and its functionality itself. (7) In principle, irisnet only saves data for the period that we need to properly process the data. A backup therefore only takes place if this is explicitly mentioned in the contract. We shall only be liable for the recovery the data mentioned in the contract to the extent that the customer has taken all necessary and reasonable data backup measures and ensured that the data can be reconstructed at the reasonable expense from data material which is provided in machine-readable form unless the data backup itself is the subject of the service to be provided by us. Sec. 11 Limitation period (1) Claims of the customer due to defects in the AI application lapse within one year from the statutory start of the limitation period, unless shorter statutory periods apply. (2) The statutory limitation periods shall apply in the case of damages and reimbursement of expenses arising from intent, gross negligence, warranty, injury to life, body, and health and in the case of claims arising from mandatory statutory liability (e.g. from the Product Liability Act). (3) Other claims of the customer for damages or reimbursement of futile expenses shall lapse within two years, starting from the time at which the customer became aware of the circumstances giving rise to the claim or had to become aware of them without gross negligence. Sec. 12 Data protection (1) The customer and we shall observe the respectively applicable data protection regulations, in particular those valid in Germany. These include in particular the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (Bundesdatenschutzgesetz; BDSG). (2) Independent of the respective AI services according to the individual contract, we process personal data of the contact persons of our customers (e.g. name, e-mail address), which we have received from the customer or publicly accessible sources (e.g. customer website), in connection with contractual matters within the scope of the business contact. The legal basis for the processing is the preparation and performance of the corresponding contract with the customer (Art. 6 para. 1 letter b) GDPR). Furthermore, we have a legitimate interest in business correspondence with the customer (Art. 6 para. 1 letter f) GDPR). (3) If we store personal data, this is only for a limited period of time and no longer than necessary. As a matter of principle, we delete personal data if they are no longer necessary for the processing purpose for which they were collected or if other legal reasons require deletion. Insofar as we are subject to statutory retention obligations that require longer retention, we store the data for this period, in particular, to comply with retention periods under commercial and tax law, which are between 2 and 10 years. Other legal reasons for retention may be that we must retain data for evidence purposes for the duration of the applicable statute of limitations. These periods are usually between 2 and 30 years. (4) Data subjects shall have the right to obtain access to processed personal data concerning them, to obtain the erasure and rectification of personal data, and to request that the processing be restricted. You also have the right to data transferability and the right of appeal to the data protection supervisory authority. Our data protection officer can be contacted via the e-mail address datenschutz@irisnet.de. (5) Supplementary information on the processing of personal data in conformity with data protection regulations and on the rights of the persons concerned can be found in the data protection declaration on our website at https://irisnet.de/datenschutz. Sec. 13 Amendments of the terms of the contract If not already specifically regulated elsewhere, we are entitled to amend or supplement these General Terms and Conditions of Business as follows. We shall notify the customer of the changes or amendments in text form at least two (2) weeks before they take effect. If the customer does not agree with the amendments or additions to the terms and conditions of the contract, he may object to the amendments or additions with a period of one week from the date on which the amendments or additions are intended to take effect. The objection requires text form. If the customer does not object, the amendments or additions to the contractual conditions are deemed to be approved by him. We will specifically draw the customer's attention to the intended significance of his conduct when notifying him of the changes or amendments to the contractual conditions. Sec. 14 Other provisions (1) The assignment of claims is only permitted with the prior written consent of the other contracting party. The consent shall not be unreasonably withheld. (2) A right of retention can only be asserted due to counterclaims from the respective contractual relationship. (3) The customer may only set off against claims which have been legally established or are undisputed. (4) All amendments, additions, and terminations of contractual agreements must be made in writing, as must the cancellation of this formal requirement unless the respective individual contract provides for the written form. (5) The law of the Federal Republic of Germany shall apply to all contractual relationships between the customer and us. The place of jurisdiction for all legal disputes is Düsseldorf. (6) The contract language is exclusively German. Sec. 15 Severability clause In the event of invalidity of individual provisions of these General Terms and Conditions, the remaining provisions shall remain effective. Ineffective provisions shall be replaced by provisions that come as close as possible to the economic result of the invalid provision. Last modified: January 2021