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  1. General

1.1

Evolaris next level GmbH (referred to as "evolaris" below) allows the use of all services offered as www.businessmakeover.eu (referred to as "platform" below) based on these terms of use. These terms regulate the relationship between evolaris as the provider (operator) of the platform services and the non-registered and registered users, respectively.

1.2

These terms are valid for all content, functionalities and other services (referred to as "services" or "applications" below) evolaris provides on the platform. For certain applications additional terms can be declared.

1.3

The use of certain applications within the platform - in particular those requiring the acceptance of additional terms or additional affirmation - can be limited to certain users or groups of users.

 

  1. Use of Platform Services

2.1

The platform can be used with or without prior registration. Registration allows the user to utilise extended applications. The use of the platform is limited to physical persons of full legal capacity.

2.2

Every user is allowed to register on the platform only once. The user affirms with the registration that he has not been a platform member so far.

2.3

The registration process starts with a registration form. The user has to indicate the requested data (mandatory fields) completely and correctly. It is not allowed to create an account with data of third parties or inapplicable data.

2.4

evolaris will confirm the registration immediately based on the entered data during the registration process by sending e-mail to the stated e-mail address. The registration process is completed successfully as soon as the user has confirmed the link in the e-mail text. By calling up this link the agreement between the user and evolaris concerning the use of the platform is concluded.

2.4.1

After successful registration the user has the possibility to use the platform via the login area. Therefore the chosen user name and the password determined by the user have to be entered.

2.4.2

If the registration has not been accomplished evolaris deletes the account as well as the data entered by the user.

2.5

There is no claim for concluding an agreement. Evolaris has the right to decline a registration without any reason. In this case evolaris deletes the user data remitted via the registration form immediately.

2.6

The identification of individuals via the internet is limited. Therefore evolaris cannot eliminate the possibility that wrong contact data has been indicated during registration. Evolaris does not warrant for the real identity of a user; a user has to verify an other users identity him-/herself.

 

  1. Termination

3.1

If a user does not want to use the platform anymore, he/she can terminate the user contract at any time without giving reasons and without keeping a term. The termination has to happen in written form per e-mail to businessmakeover[at]evolaris.net by stating the e-mail address used for the platform.

3.2

A termination can also be conducted on the part of evolaris at any time - complying to a period of fourteen days at every end of the month. The right to terminate due to important reason and due to suspension of a user as per paragraph 6 of these Terms of Use stays unaffected.

3.3

The successful termination includes the permanent deletion of the user account, all person-related data as well as all generated and stored content of the user. The data the user published on the platform (e.g. within a challenge) or in the content of other users (e.g. feedback to Business Models) can still be retrieved after the deactivation of the user account, however without indication of the user name and with the note that the post stems from a user whos account has been terminated.

 

  1. Subject of the Contract

4.1

The platform provides users various applications for use. These applications in particular concern the following:

  • the provision of so called profiles
  • the provision of Business Innovation tools, cases, „I want to“ steps
  • features for uploading data and content (e.g. texts, pictures, graphics) that can be visible for all users and/or only certain groups of users on the platform
  • the provision of features for communicating with others (e.g. sending messages via the contact form, forum function)
  • the provision of features for connecting platform users
  • features for displaying data and content –
  • the participation in Business Model challenges via the platform, whereas an "Business Model challenge" is a challenge described on the platform for which users can submit idea projects.

4.2

Evolaris strives to continuously develop the platform and the offered services on the platform. In the course of these further developments the platform as well as single applications are being ameliorated and/or enhanced. Nevertheless the maximum amount of data that can be stored by one user stays limited.

4.3

The title to use the platform and its application is in line with the current state of technology. Evolaris reserves the right to enhance, change, limit and ameliorate the offered services. The services of evolaris can be affected by unforeseeable or extraordinary circumstances not influenceable by evolaris as well as by necessary technical measures. The eligible interests of the users will be accounted for by evolaris and e. g. planned maintenance work will be announced on the website in advance. Such interferences and restrictions will be eliminated by evolaris as soon as possible and do not constitute a defect relevant for warranty claims.

4.4

Evolaris reserves the right to place content and applications of third parties (referred to as "third party content" below) on the platform. Evolaris will notify users - inter alia - about this third party content via a note on the platform.

 

  1. Responsibility of the User

5.1

Registration on the Platform

5.1.1

The password chosen at registration is to be kept in confidence and must not be disclosed to third parties. Also employees of evolaris will not ask users for their password at any time. It is forbidden to enable third parties to use the platform with ones data. Users are obliged to inform evolaris promptly if there is cause for concern that a third party is aware of user data or misuses an account.

5.1.2

The user is obliged to correct later changes in his/her access data in his/her account settings.

5.2

Uploading and Publishing Content

5.2.1

Users are responsible for the content (inter alia texts, pictures, graphics and links) they make available or spread via the platform (particularly via the offered services). Hence it is the responsibility of the user to make sure that the respective content is legal, in particular that it does not violate existing law or violates the rights of a third party.

5.2.2.

It is forbidden to make available or spread content via the platform (particularly via one of the offered services) if and as far as legal regulations, the rights of third parties or morality is violated. Publications violating existing law are not allowed. Any kinds of publications (data, information, pictures and the like) as well as the consequences of those publications are to be borne by the user him-/herself in all respects. The user is allowed to publish only those contents he owns the rights for. For publications in reference to third parties the third partys approval has to be obtained. Users must not publish commercial or political advertising.

5.2.3

The publication of content that we deem to be racist, violent, extremist in a political sense, sexist, discriminatory or offensive as well as the publication of content offending, aspersing, threatening or verbally degrading other persons is not allowed. Nude pictures, pornographic motifs and illustrations of sexual violence are not permitted. Likewise, publishing illustrations of victims, war or natural catastrophes, the use of unconstitutional symbols as well as the publication of illustrations that glorify violence or interpretations of acts of war is forbidden.

5.2.4

Data must not be readout, stored, edited, altered, forwarded commercially used or misemployed in any way manually or automatically for data acquisition without affirmation. The installation of profiles within the platform as well as the installation of internet sites for the purpose of reading out, storing, editing, altering, forwarding and misusing information is forbidden. The application and spreading of viruses, links, programmes and other processes that infringe the Terms of Use of evolaris is not permitted.

5.2.5

The disclosure and the exchange of passwords, codes and serial numbers of all types on the platform are not permitted. Undertaking technical attacks in order to partly or wholly alter, misuse, delete or damage in any other way data of certain users is forbidden. Likewise technical attacks against the platform of evolaris or the database of the platform is prohibited in all respects.

5.2.6

Every registered user hat the possibility to upload image files via the platform in order to add it to his/her profile. Before uploading the file the user has to make sure that he/she disposes of the exclusive right of use and that the publication of the image file does not infringe existing law, violates morality or the rights of a third party. It is forbidden to upload image files showing - exclusively or inter alia - company logos, trademarks, logos or other protected brands.

5.2.7

Before uploading, linking or tagging image files that show (an-) other person(s) besides the user him-/herself the approval of the third party/parties has to be obtained.

5.2.8

After uploading an image file the user him-/herself can delete or replace the uploaded file at any time.

5.2.9

Evolaris has the right to delete uploaded image files of users without advance notice if evolaris has concrete evidence that a publication via the platform violates law and morality and/or infringes the rights of a third party.

5.3

Use of Platform Content

5.3.1

The content made accessible via the platform must not be copied, spread or published in any other way without approval of the respective holder of the right(s) - apart from those cases permitted by law. Likewise the use of computer programmes to automatically reading-out data, e.g. Crawlers (alias Spider or Robot, short: Bot), is prohibited.

5.3.2

The user is obliged to make adequate dispositions to save information that is available via the platform and has been stored by evolaris in compliance with the state of the art. It is therefore in the responsibility of the user to save or print important information on suitable devices - ideally at the end of every use of the platform and the used service, respectively - so that there is an unlimited data access possible, independent of the platform.

5.3.3

Interferences on the platform are prohibited. In particular it is forbidden to take measures leading to excessive load on the platform (e.g. sending mass mails or messages [SPAM]) or to an unreasonable disturbance of other users.

5.3.4

Electronic attacks of any kind against the platform (including attacks against the utilised hard- and software to operate the platform) or against certain users are prohibited. The following measures are treated as electronic attacks:

  • Hacking attempts, i.e. attempts to override, bypass or overrule in any other way security mechanisms of the platform,
  • applying or spreading viruses, worms or Trojans,
  • brute force attacks,
  • sending unsolicited advertising (SPAM),
  • other measures or processes that interfere the platform including all hard- and software used to operate the platform and/or measures or processes that can harm evolaris or the platform users.

 

  1. Sanctions and other Consequences for Violation by Users

6.1

The compliance with these Terms of Use - in particular with the clauses in paragraph 4 concerning the responsibilities of the users - is of utmost importance for the operability of the platform. Therefore evolaris imposes sanctions against a user if and as far as evolaris has concrete evidence that a user violates law, the rights of a third party and/or morality. Moreover evolaris has the right to delete incriminated content from the platform without advance notice.

6.2

When deciding about the sanction to impose evolaris will include the legitimate interests of the user concerned and will take into account whether the erratic behaviour occurred without any fault on the respective users part or not. The following measures and sanctions are considered by evolaris:

  • Deletion of a users content - partly or fully,
  • admonishment of a user,
  • restriction of platform applications that can be used,
  • blocking the user temporary,
  • blocking the user ultimately.

6.3

If a user has been blocked a further use of the platform is prohibited for him/her. Moreover a blocked user must not register anew on the platform.

 

  1. Rewards for Platform Users

7.1

Claim to a reward or compensation: Every user participates on the platform on his/her own cost and own risk. There is no right to a reward or compensation over evolaris, a client of evolaris (i.e. principal of an Business Model challenge) or another platform user for the work expanded, for an accomplished contract or for created work.

7.2

Reward: Corporations as principals of Business Model challenges can determine a reward which is paid by the commissioning corporation after the end of the Business Modell challenge. The reward is paid to the user(s) if at least one idea project (referred to as "idea" below) has been submitted which meets the expectations of the commissioning corporation. The commissioning corporations have the right to allocate the award to the submitted ideas at their discretion.

7.3

No legal right of any kind shall be constituted on the submission of an idea, regardless of whether the idea has been granted a reward. Legal recourse is excluded.

 

  1. Intellectual Property

All rights on intellectual property with respect to the body of thought published on the platform remain at the owners. By no means evolaris claims the intellectual property of the users. All rights on intellectual property with respect to the body of thought published on the platform generally and during an Business Model challenges remain at the owners. In case of the reward of an idea the rewarded user loses the intellectual property. All usage and exploitation rights devolve to the commissioning corporation. As far as the users or the commissioning corporations are entitled to the rights, they commit themselves to claim no industrial property rights and resulting titles among them.

 

  1. Non-Disclosure

The parties commit themselves to keep confidential all information, documents and data emerging in the context of this contractual relationship which are cognisable as confidential. Furthermore they commit not to make them available to third parties or to use them in an ulterior way. In particular this is relevant for the agreed prices.

 

  1. Indemnification by the User

The user indemnifies evolaris for all claims of third parties due to a violation of their rights stemming from content made available on the platform by the user or stemming from the user utilisation of the platform applications. The user bears the necessary expense of counsel of evolaris including all court costs and legal fees at the rate regulated by law. This is not the case if the infringement didnt occur due to negligence. In the case of a third-party claim the user is obliged to disclose immediately, truthfully and exhaustive all information at his/her disposal that are required for an assessment of the claims and a defence. In excess thereof, any rights of evolaris to request additional claims for damages remain unaffected.

 

  1. Caveat Emptor

Evolaris does not warrant the availability of the services, their usability for the intentions pursued by the users as well as the accuracy and the completeness of the displayed content.

 

  1. Limited Liability by evolaris

12.1

Evolaris as a service provider is not obliged to monitor the transmitted or saved information or to investigate the circumstances alluding to illegal actions. If evolaris, however, gets notice of illegal actions of a user or information on the platform the information will be deleted immediately or the access to the information will be blocked.

12.2

For damages culpably caused by the behaviour of legal representatives, leading employees and other vicarious agents of evolaris, evolaris is liable limited to the typical damages and such damages foreseeable at the time of the application use, however the liability is limited to a maximum amount of € 10,000.-.

 

  1. Data Security

13.1

The platform concept is based on the provision of services and innovation services as well as the storing of data by the user whereas the data is eventually accessible for other users. However, the user decides whether and which data and content he makes accessible for other users: On the one hand the user determines him-/herself if and to which extent he/she enters and saves content to the own profile; on the other hand users have the possibility to change the settings any time in order to limit the publication of their data and their content.

13.2

Collection, processing and use of person-related data by evolaris comply with the current data protection regulations.

13.3

It is prohibited for the users to pass on contact information about other users obtained via the platform to a third party without the respective users approval and/or to use or let use the information for promotion purposes including telephone calls (e.g. objectionable calls on the mobile [SPOM] or via internet telephony [SPIT]) or for promotion purposes including the use of electronic mail (e.g. objectionable e-mail or text message promotion as well as via the contact forms of the platform).

 

13.4

The evolaris Ltd. uses Google Analytics, an analytic tool by Google Inc. ("Google"). Further information concerning the privacy policy by Google you will find on the website Google Analytics.

 

  1. Other: Future Alterations and Final Provisions

14.1

Evolaris reserves the right to alter the clauses of these Terms of Use any time without giving reasons by respecting the preconditions stated in the paragraphs 14.1.1 up to and including 14.1.3.

14.1.1

The above-mentioned right to make alterations does not concern any alteration of the description of the subject of the contract (cf. paragraph 4). Evolaris informs the user about alterations and/or deviations of the stated scope of services and offers him/her the continuation of the contractual relationship at the altered conditions if the interests of the users are affected due to the changes and/or deviations. The users continuous right to withdraw (cf. paragraph 3.1) remains unaffected.

14.1.2

The registered user will be notified per e-mail about other altered clauses which are not covered by paragraph 14.1.1. If the user does not object to the validity of the new Terms of Use within two weeks from receipt of the e-mail the altered Terms of Use are considered to be accepted. Evolaris is obliged to separately advise the user of the meaning of the two-week-period in the e-mail containing the altered clauses. Not registered users should regularly check these Terms of Use. If the not registered user disagrees with the altered clauses he/she has to cease the use of the services.

14.1.3

If the user objects to the validity of the new Terms of Use within the period stated in paragraph 14.1.2 evolaris has the right to regularly withdraw the contractual relationship with the user by respecting a period of fourteen days.

14.2

For the purpose of fulfilment of the contract and hence the supply of the services evolaris is contractually obliged to, evolaris can use third parties as vicarious agents.

14.3

Instead of evolaris third parties can step in with respect to the rights and obligations resulting from this contract for evolaris. In this case the user is entitled to cease the contractual relationship with evolaris without giving reasons (cf. paragraph 3.1).

14.4

If several clauses of these Terms of Use become invalid the validity of the remaining clauses remains unaffected.

14.5

The present Terms of Use and the contractual relationship between evolaris and the users are subject to Austrian law. The court of juristiction is Graz.