Terms of Service
The owner of the attensee.com website is Attensee UG (haftungsbeschrankt) based in Berlin (10969) at Markgrafenstraße 12-14.
- “Website” – an internet Website available at attensee.com offering Software for measuring users’ attention distribution when faced with a visual stimuli
- “Terms of Service” – these terms of service of the “Attensee.com” website which constitute an agreement between the User and the Service Provider.
- “Service Provider” – the owner of the Attensee.com website.
- “User” – a natural or legal person who uses the Website.
- “Service” – a service which enables the User to use the functionalities of the Software.
- “Software” – any and all applications available on the Website.
Conclusion and termination of the agreement
- Any natural person above the age of 13 may be a User of the Website. Individuals whose capacity for acts-in law is limited, including those under the age of 18, may use the Website upon the consent of their parents or other statutory representatives.
- The Website enables the User to access the Service via the Internet (an on-line SaaS service – Software as Service).
- The prerequisite of using the Website is the acceptance of these Terms of Service.
- The agreement between the User and Service Provider shall be deemed concluded at the moment when the Service Provider proceeds with the performance of the Service.
- Minimum technical requirements for the use of the Software are:
- computer with a CPU 1 gigahertz (GHz) or faster 32-bit (x86) or 64-bit (x64)
- 1 gigabyte (GB) RAM (32-bit) or 2 GB RAM (64-bit)
- 16GB free disk space (32-bit) or 20 GB (64-bit)
- Information on the Website’s current offer, price lists and description of the Service are available on the Website.
- The User shall be granted the access to the Services:
- by registering i.e. typing the User’s e-mail address and a password in the Website registration window, or
- by a link to a specific project received from a registered User.
- If the User purchases a monthly subscription, the payment for the consecutive months is collected automatically, pursuant to a current Price list. The User may cancel his subscription and such cancellation shall take effect the following settlement period (before a subsequent fee is charged).
- The Service Provider may terminate the agreement immediately if the User infringes the provisions of §3 or §4.
- Upon the expiry or termination hereof, the User must stop using the Software.
Intellectual Property Rights
- The Software is a copyright protected computer programme. All rights to the Software and to other components of the Website are reserved and belong to the Service Provider.
- Upon granting the access to the Service as specified in §2 hereof, the Service Provider grants the User a revocable, non-transferable, geographically unlimited and nonexclusive licence to use the available components of the Software to the extent of a normal use of the Software in compliance with its purpose for the end user – by running and displaying in a web browser (on-line service) – with no right to grant further sublicences.
- The User may not lease, rent or make the Software available to third parties otherwise than expressed in this agreement.
- Upon uploading to the Website – via an Application or otherwise – any contents subject to copyrights or any other intellectual property right, the User warrants that these contents do not infringe any third-party rights, and grants the Service Provider a free, unlimited in time or in space and non-exclusive licence with the right to grant sublicences, to use the said contents to the extent necessary to provide the Service at an suitably high level. The Service Provider shall be thus licensed in particularly to:
- digitally save, store, create the back-ups of, multiply and display the contents on its own and on third-party servers;
- distribute the contents by making them publically accessible so that a limited or unlimited group of people can access it anytime and anywhere, as each time determined by the User who uses the Application.
- Upon uploading the image of himself or of third parties to the Website, the User consents to the distribution of the uploaded image in the scope necessary to perform the Service and represents that the third parties, whose image the User has uploaded, also gave such a consent.
- The User may provide a list of the contents and demand to have the listed items and their back-ups deleted from the servers of the Service Provider and of the third parties, with whom the Service Provider cooperates in performance of the Service. Such a demand must be submitted to firstname.lastname@example.org.
Terms and conditions of using the Service
- On the Website, the Service Provider provides the User with the Software and necessary space on the servers which belong to the Service Provider and to the third parties. The Software may be used exclusively in accordance with its purpose as defined in § 1.
- The User uses the Software at his own risk. The Service Provider provides the Software “as is” with no guarantee or warranty either for the Software or for the Service. Any warranties for the Software or for the Service, expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or satisfactory quality, are excluded. In particular, the Service Provider does not guarantee:
- undistorted use (“operation”) of the Software;
- the removal of any possible defects in the Software;
- the compatibility of the Software with programs created by third parties.
- The Service Provider shall not be liable to the User or any third party for any damage, including but not limited to direct, indirect, special, incidental, consequential and moral damages, in particular damages resulting from the loss, inaccuracy or damage of data, unauthorized access to the data by a third party, purchase of substitute goods or services, loss of expected profit, savings or goodwill due to the Service Providers’ unintended fault, including but not limited to the defects of the Software, torts, undue care, improper performance or non-performance hereof by the Service Provider, the use, misuse, inability to use, or interference in the use of the Software by the User, even if the Service Provider has been advised of the possibility of such damage.
- The liability, guarantee and warranties of the Service Provider shall be excluded to the maximum extent allowed by the law. However no provision hereof shall infringe the User’s rights vested upon him by the applicable mandatory provisions of law, including but not limited to the provisions governing the consumer protection and the law governing this agreement, subject to §8(5) hereof.
- The Service Provider may at any time improve or modify the Software, without notifying the User thereof.
- The User shall not (nor allow any third party) use the Software to monitor or collect information enabling the identification of the Internet users, shall not link the data collected from the site(s) to which the Software will be applied to any personally identifiable information from any other source. The User will comply with the laws of the jurisdiction where the Software will be used, in respect of the protection of privacy and the collection of information about the visitors to his websites.
- The User shall not upload to the Website nor distribute through the Website, either directly or by links, any contents which infringe the law or the principles of morality, including but not limited to:
- confidential contents;
- unsolicited commercial information;
- contents which is obscene, offensive, defamatory or otherwise infringe personal rights of the Service Provider or a third party;
- pornographic contents;
- contents which promote violence, terrorism, or incite to hatred, racism, xenophobia and religious conflicts;
- contents which disturb the operation of the Service Provider’s or third party’s hardware, such as computer viruses, etc.
- contents which infringe intellectual property rights of the Service Provider or third parties, or incite to such an infringement.
- The Service Provider does not monitor the contents uploaded by the User and shall not be held liable for the stored data, unless the Service Provider knows about unlawful nature of the data or activities related thereto; and if any official notification or reliable information that the data or activities related thereto are unlawful, the Service Provider shall immediately prevent access to the data.
- The Service Provider may delete the contents uploaded by the User to the Website.
- The User is fully liable for the contents uploaded by the User to the Website and shall hold the Service Provider harmless from any liability for infringing any third party’s rights resulting from the exploitation thereof. In particular, the User shall indemnify and hold harmless the Service Provider from any third-party claims and expenses, including costs of court proceedings, legal aid costs, attorneys’ fees, damages, reliefs and any other performance for the benefit of a third party.
- The User authorizes Attensee to use the User’s company name, logo or other applicable trademarks, at any time, for the purpose of referencing the User as a customer on the Attensee Website or in other promotional marketing materials. If the User does not wish to be referenced please contact Attensee at email@example.com
Storage of and access to the projects
- On the Website the User may create projects, wherein the User includes such contents as text, images, etc.
- If the User deletes his account, the Service Provider shall delete the contents, irrespective of the reasons why the account is deleted. If the contents must be deleted for other reasons, the Service Provider shall notify thereon at the Website or by e-mail sent to the e-mail which serves as the User’s login.
- The access to and export of the contents are enabled upon the purchase of one of the paid Service access programmes according to the price list available on the Website.
- Once the content is made available to another User (whether registered or not) by sending/giving him a link to the project, it is impossible to limit the access to that project in the future
- The User submits his personal data to the Service Provider only to the extent necessary to properly perform the Service. In order to register on the Website, it is necessary to submit the User’s e-mail address; in order to make a payment on the Website it is necessary to submit the data required by the payment intermediary – Stripe.com. The User submits his data voluntarily, however failure to submit it results in a non-performance or limited performance of the Service. Apart from the data given to the Service Provider, the User may voluntarily enter his data on the Website in order to make them available to another User.
- The User shall be held responsible for providing false personal data.
- The personal data of the User are protected under the Personal Data Protection Act of 29th August 1997 (Dz.U. [Journal of Laws] of 2002 No.101 item 926, as amended) in a way that prevents a third-party access thereto.
- The User may access and modify his personal data and may request to have his data deleted. The User’s account shall be deleted within 30 days of such a request.
- The Website uses cookie files, which allow the Service Provider to collect, process and use diagnostic, utility, technical and other data, including but not limited to the information about the User’s computer, system, software and peripherals, in order to hold the User’s session, so that the User does not have to enter his login and password on every single site of the Website, and in order to display the content appropriate for the User. The data is sent via the Software, regardless of the User’s direct activity. The Service Provider is not able to link the data with a given User without incurring excessive costs, time or actions. The use of the cookie files by the Website may be disabled in the browser’s settings.
- The User shall comply with the relevant applicable provisions of personal data protection laws during the use of the Software if such use leads to personal data being processed within the meaning of s. 7(2) of the Personal Data Protection Act (Dz.U. of 2002, No 101, item 926, as amended), i.e. in particular collected, recorded, stored, developed, modified, made accessible or deleted. Usually, before the Software may be used, a prior consent of the person whose personal data is to be processed is required.
- The User who is a consumer within the meaning of the Civil Code may lodge a complaint that the Service does not conform to the agreement.
- Complaints are handled within 14 days of the receipt of the notification by e-mail to the address firstname.lastname@example.org or in writing to the address Markgrafenstraße 12-14, 10969 Berlin, Germany.
- If the complaint is admitted, the User shall be granted an access to a full-value Service in conformity with the agreement, or if that is not possible, the User shall be granted a refund of the price paid.
- This agreement is subject to German law.
- Any disputes arising here from shall be resolved by the court of competent jurisdiction over the Service Provider except for the disputes, for which the jurisdiction shall be determined by the applicable mandatory provisions on consumer protection.
- The Service Provider reserves the right to modify the Terms of Service. Any changes to the Terms of Service shall take effect within 2 days from the day when a new version is published on the website of the Service Provider. Failure to accept the modified version of the Terms of Service shall be deemed the termination hereof. However if the User continues to use the Website, despite not having accepted the modified Terms, he shall be deemed to have accepted the modified version of the Terms of Service.
- Should any of the provision hereof become invalid or unenforceable, the remaining portions will remain in full force and effect. The invalid or unenforceable provisions shall be replaced with a valid and enforceable provision that to the maximum possible extent achieves the original intent of the parties and economic effect of the provisions thus held invalid or unenforceable.