Condens Insights GmbH Last updated: April 30, 2021
Please read these Terms of Service (“ Contract ”) carefully before you (either an individual or a single entity - “ you ” or “ the User ”) use the web app at app.condens.io operated by Condens Insights GmbH (“ Condens ” or " we "). Your access to and use of the Software (defined below) is conditioned on your acceptance of and compliance with this Contract.
“Data” means electronic data recorded or manipulated by hard- and software and stored as part of the Software.
“External User” means any individual (not an organization) using the Software who is granted access to Data by the User.
“Software” (also “Condens Software”) means the web-based Condens software available at app.condens.io, and associated documentation that accompanies this Contract, which includes the associated media and Condens internet-based services.
“User” (also “you” ) means any individual or single entity logging in on and using the Software that is not an External User.
The Condens Software is an offering by Condens to store, manage, analyze, collaborate on and present user research data. The User has the right to access and use the Software subject to the terms of this Contract.
The Software is made available to the User as a Service (“SaaS”) and no license is granted to the User. In particular, the provision of SaaS does not include any exploitation rights, in particular but not limited any right of reproduction , right of distribution , right of exhibition , right of recitation, performance, and presentation , right of making works available to the public , right of broadcasting or any right of adaptations and transformations.
Condens acquires no right, title or interest from the User or his/her licensors under this Contract in or to any of the User’s Data, Non-Condens application or such program code. For the purpose of making Condens Software available to the User, the User grants Condens and applicable contractors a worldwide, limited-term license to host, copy, transmit and display his/her Data.
The User acknowledges and agrees that the Software is a proprietary product of Condens. The User further acknowledges and agrees that the entire right, title, and interest in and to the Software including associated intellectual property rights, shall remain with Condens. Condens retains all rights not expressly granted to the User in this Contract.
Condens will maintain administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of the Software and uploaded Data. Whenever we transfer your information we ensure to do so compliant with applicable data protection laws. Condens will use commercially reasonable efforts to make the Software available 24 hours a day, 7 days a week. Condens is not responsible for downtime that is due to technical or other issues that are not within the reach of Condens (e.g. higher force, third party negligence, etc.). Condens has the right to interrupt the availability of the Software for maintenance and other technical procedures. Condens will notify the User at least forty-eight (48) hours in advance about interruptions and maintenance of the system which are estimated to last longer than ten (10) minutes.
The terms of the Data Processing Agreement (“DPA”, available at DPA Condens) or a separate addendum that the parties have executed in this regard shall apply to the extent any Data includes Personal Data and are a part of this Contract. The DPA sets out how Condens will process Personal Data on your behalf in connection with the services provided to you under this Contract. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Personal Data as described in the DPA.
The registration process and the conclusion of the Contract is complete only if and when we activate your account following your request for registration. We will inform you about the activation of your account via email. We are not obliged to enter into a Contract with you. We can decline to accept your request for registration at any time without giving reasons, i.e. we can refrain from activating your account. In such case, we will of course delete all of the Data you have provided.
When using Condens Software you shall comply with all applicable laws and other legal provisions. Before you upload any content to Condens Software (especially documents, pictures, graphics, movies, audio, other files, data or links) you must ensure that you have the necessary rights to such content and that making the content available on the Condens Software is not against any laws, moral standards and/or the rights of third parties. You may not enter or disseminate unlawful content or content that infringes copyrights and any other third party rights. In particular, you may not upload any files depicting violence or pornographic, discriminatory, insulting, racist, slanderous or otherwise illegal content and/or make them accessible. Pictures or videos showing persons other than yourself may only be uploaded to Condens Software if you have the consent of each person.
You can delete or replace uploaded content at any time. We are entitled to remove any content (also without prior warning) if and when there is good reason to believe that publishing them on Condens Software violates the law, moral standards and/or the rights of third parties.
Attacks on the operational capacity of Condens Software by any means are prohibited, especially by sending mass emails (spam); carrying out hacking attempts, i.e. trying to break down, to bypass or, in any way, to disable the security mechanism of the Software; trying to access to other user profiles; brute-force attacks; denial-of-service attacks; using or sending spy software; reading out data (e.g. by Crawler/Spider/Robots); viruses or worms.
If you violate these rules, we are entitled to issue a warning, temporarily block your account or to permanently exclude you from the Software.
We accept no responsibility that the content uploaded by you or other Users to the Software is true, fulfils any particular purpose or can serve any particular purpose. We do not examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.
Technically, we are not capable to definitively determine whether a registered User on the Software actually has the identity he or she claims to have. We therefore cannot guarantee the correct identity of any User.
You are responsible for keeping your account-password confidential. This means that you do not share your password with anyone else, that you do not permit or enable third parties to find out about your password and that you take all necessary steps to guarantee its confidentiality. If your password is lost or misused or if you suspect that it has been lost or misused, you must notify us immediately via email at: firstname.lastname@example.org
We agree to defend, indemnify and hold you, your affiliates, employees, agents, contributors, contractors and licensors harmless from any losses or damages (“Claims”) brought against or sustained by you by a third party, which relates to
Our indemnity does not include any actions, suits, claims, demands, liabilities, costs, expenses, losses and damage (including reasonable legal fees) brought against or sustained by you by a third party, which:
For any Claims arising under this clause, you must:
This clause is your exclusive remedy and our sole liability against any Claim brought against or sustained by you by a third party. This clause survives the termination or expiry of these Terms of Service for whatever reason.
You agree to defend, indemnify and hold us, our affiliates, employees, agents, contributors, contractors and licensors harmless from and against third party actions, suits, claims, demands, liabilities, costs, expenses, losses and damage (including legal fees on a full indemnity basis) brought against or sustained by us, which:
For any claims arising under this clause, we must:
This clause is our exclusive remedy and your sole liability against any Claim brought against or sustained by us by a third party. This clause survives the termination or expiry of these Terms of Service for whatever reason.
Any restrictions to the availability of Condens Software outlined above in Cloud Storage, Security & Availability are not considered a breach of contract and do not entail liability.
If a serious defect occurs we are obliged to remove it. We are liable for damages only in case of intent or gross negligence on our part (including our legal representatives and assistants), except in the following cases:
We are not strictly liable for damages for defects that existed already at the time of the conclusion of the Contract of Use.
The Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (the "High Risk Activities"). Accordingly, Condens and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Except as required by law, and except for our willful misconduct or negligence, we will not be liable for any claim, loss or liability for personal injury, death or damage to you or your property however it may be caused. In no event will either party be liable for any indirect, incidental or consequential damages including, without limitation, direct, indirect, special, punitive, or exemplary damages.
Unless expressly agreed otherwise, the Software provided by Condens shall be in line with the current state of the art technology and shall conform to all relevant product information and specifications provided by Condens. Condens does not warrant that the Software will be fit for purposes beyond the fulfillment of Condens’ obligations under the Contract.
The User is advised that based on the current state of the art technology program errors cannot be excluded with complete certainty in spite of exercising greatest conscientious care and diligence. The parties acknowledge that Condens Software is inherently complex and may not be completely free of errors. The following errors are excluded from Condens’ warranty: (i) insignificant defects, including but not limited to errors that can be easily corrected and will not show up as a performance defect and (ii) defects discovered in Condens Software that has been modified, altered, or enhanced by anyone other than Condens itself.
Defects in the Software shall be rectified by Condens within a reasonable period after notification of the defect. The rectification of defects shall be effected, at Condens' choice, by way of repair or substitute the Software free of charge. The User's right to reduce the Fee for the time the defect persists remains unaffected. The User is only entitled to an extraordinary termination of the agreement due to the failure to grant use in accordance with the Contract if Condens has been given sufficient opportunity to rectify the defect and such attempt has failed.
Condens Software is provided in different plans as described by the price lists available upon request or at condens.io/pricing as applicable at the time the subscription is ordered. All amounts stated in that document do not include VAT.
Plans are offered on monthly and yearly terms and on a per-project basis. Your account will remain activated until the end of the agreed contractual term. Monthly and yearly subscriptions will be extended automatically by the same period if neither party terminates your account in text form (notice periods apply).
You may test the Software free of charge for a period stated at condens.io/pricing after registration. Upon termination of this test period, no paid subscription is concluded between the parties. Condens may at its own discretion delete the account of the User.
In case of default, we are entitled to block access to your Condens Software account. In this case, you will remain obliged to pay any outstanding amount. If you default significantly on your payment obligations, we are entitled to terminate the Contract without notice. The amount of damages shall be adjusted accordingly if we or you are able to prove greater or lesser damages, respectively. We reserve the right to assert further claims for default of payment.
You may terminate this Contract with a period of two weeks before the end of the agreed contractual term. You can give notice to terminate via email to email@example.com. We may terminate this Contract in text form with a notice period of two weeks. The right to an extraordinary termination shall remain unaffected.
The Contract may be terminated by each party for just cause. Either party has just cause to terminate in particular if the other party seriously or repeatedly breaches the contractual obligations under the Contract.
Upon termination, any Data which you have not saved will be lost as we will completely delete your account with all of its Data (i.e. in particular your entered documents, pictures, graphics, movies, audio, other files, data or links). We will inform you about this consequence before deleting your account.
Upon termination of this Contract your right to use the Software will automatically end on the termination date and you must cease all use of the Software by the termination date.
If the User sends us any feedback or suggestions regarding the Software, the User grants us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to the User.
The User agrees that Condens may collect and utilize technical information gathered as part of the Software provided to the User. Data captured in this form will only be used to improve the Software and/or provide customized services to the User and will not be disclosed or disseminated to third parties except in an anonymized form.
You grant us the right to use your company’s name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers. If you do not wish to be used as a reference, send an email to firstname.lastname@example.org stating that and we will cease using your company’s name and logo in any marketing or promotional material and public or private communication with existing or potential customers.
If any provision of this Contract is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Condens wants to address your concerns without needing a formal legal case. Before either
party files a claim against the other party, the parties agree to try to resolve the dispute
informally via email. If a dispute is not resolved within 15 working days of submission, the
User or Condens may bring a formal proceeding.
The User agrees that this Contract is governed by the laws of the Federal Republic of Germany without regard to its conflict of laws provisions. The German courts in Munich shall have exclusive jurisdiction over any claim arising under the Contract.
We reserve the right to amend and adapt these Terms of Service with effect for the future, in particular because of changes in the law, the jurisdiction of supreme courts or changes in the Software and changes of the market conditions. You can access the currently applicable version of the Terms of Service at condens.io/terms . You will be notified by email no later than two weeks before new Terms of Service take effect. If you do not object to the validity of the new Terms of Service within two weeks after they take effect, you will be deemed to have accepted the new Terms of Service. We will inform you accordingly about the significance of the two weeks notice period, your right to object to any amendments and the legal consequences of non-objection.