DATA INTELLIGENCE HUB - For business customers

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Terms & conditions

Data Intelligence Hub (DIH)

 

 

 

Contractual partners

 

 

The contractual partners are Deutsche Telekom IoT GmbH, (hereinafter referred to as Telekom), Friedrich-Ebert-Allee 71-77 53113 Bonn, Germany (District Court of Bonn HRB 15237) and the customer who is not a consumer in the sense of § 13 BGB (German Civil Code).

 

 

Subject matter of the contract

 

The object of this agreement is the provision of the platform Data Intelligence Hub (hereinafter referred to as DIH) to companies domiciled in Germany. The platform is provided exclusively to customers in the exercise of their commercial or entrepreneurial activities. DIH enables paying customers and free users to exchange data with each other. Telekom exclusively provides the technical realization, consisting of

  • Platform as client- and server-based solution
  • DIH marketplace as a web portal where data can be offered and accessed and analytical software tools provided
  • DIH Connector (Client) for download by the customer
  • Central storage space and computing power on the DIH platform

Further details can be found in the service description

 

 

Conclusion of contract and contracting party

 

  1. Contract between customer and Telekom
    The contract for the provision of DIH with Deutsche Telekom is concluded upon receipt of the registration data by the customer.
  2. Contract between Data Provider and Data Consumer
    • For the purposes of these Terms of Use, Data Provider is the company that offers data via the DIH. Data Consumer is the company that obtains data via the DIH from a data provider.
    • Data Providers and Data Consumers are solely responsible for handling the data exchange.
    • Telekom will not become a contractual partner of the customer for the exchange of data. Only the Data Provider’s terms of use shall apply to the exchange of data.
    • Warranty claims with regard to data exchange must be directed exclusively to the Data Provider or asserted against it. Telekom does not mediate between Data Providers and Data Consumers in disputes.

 

 

Registration of the customer

 

  1. Entrepreneur status
    The customer assures to use the services exclusively within the scope of his commercial, professional or entrepreneurial status and not to be a consumer in the sense of §13 BGB (German Civil Code).
  2. Communication by e-mail
    In relation to the use of the Data Intelligence Hub platform, the customer agrees to correspondence by e-mail and will always deposit a current e-mail address. The customer is aware that information essential for the provision of the service, such as access credentials, information on changes to the services and the legal conditions, as well as information on service impairments and maintenance work, is sent exclusively by e-mail.
  3. Accuracy and completeness
    The customer assures that all his details are complete and correct and that the customer is entitled to provide the corresponding details.
  4. The customer is obliged to ensure sufficient coverage of the agreed direct debit account.

 

 

Obligations of the customer

 

  • General obligations
    1. Access Data
      The customer will keep his access data secret and will not pass it on to unauthorized third parties. To the extent permitted by law, the customer declares responsibility for all activities carried out via his account or using his access data.
    2. Compliance with statutory provisions
      The customer is responsible for checking and ensuring compliance with all relevant and applicable legal regulations, laws, ordinances and industry-specific provisions in connection with the use of the platform.
    3. Responsibility of the customer
      In particular, the customer himself is responsible for all contributions and other content posted by him. There is no general monitoring or review of the contributions and other content by Telekom.
    4. Prohibition of misuse
      The customer shall ensure that the services are not misused. In particular, the customer shall ensure that
      • no information with illegal or immoral content is transmitted or posted and no reference may be made to such information.
      • the national and international copyrights, trademark rights, patent rights, name rights, personal rights and trademark rights as well as other industrial property rights and personal rights of third parties are observed.
      • Contributions of the customer do not contain advertising inserted for commercial purposes.
      • the use of the service does not result in any impairment for Telekom, other providers or other third parties.
      • The customer is obliged to inform his users in good time before the start of use about the details of this contract, in particular about the rights and obligations in accordance with the General Terms and Conditions. The customer is liable for all breaches of duty by his users and other third parties who commit breaches of duty in the sphere controllable by the customer, unless he can prove that he is not responsible for the breaches of duty.
    5. Prohibition of misuse
      In addition, the customer shall ensure that all data stored in the Cloud Service is free of viruses, malware and other harmful software.
    6. Telekom and its vicarious agents shall be indemnified against all claims by third parties that are based on the illegal use of DIH and the associated services by the customer or are tolerated by the customer or result from data protection, copyright or other legal disputes associated with the use of DIH. If the customer recognizes or could be expected to recognize that such a violation threatens, customer is obliged to inform Telekom immediately.

 

  • Special obligations of the Data Provider
    In particular, but not exclusively, the Data Provider has the following obligations:
    1. Data Provider can offer data under his own terms of use or license and must possess all necessary rights for the offer on the DIH marketplace. The terms of use or license used by him may not violate applicable law.
    2. Data Provider undertakes to comply with the agreements made with the Data Consumer, in particular to ensure the agreed delivery modalities.
    3. For each data offer on the DIH Marketplace, Data Provider must name contact persons and contact data who are responsible for all formal questions of contract fulfilment.
    4. Data Provider will not store or offer any personal data on the DIH Marketplace or data subject to special protection requirements (health data, financial transaction data, military information, data subject to secrecy protection, etc.).

 

  • Special obligations of the Data Consumer
    In particular, but not exclusively, the Data Consumer has the following obligations:
    1. Data Consumer is obliged to comply with the license and usage conditions agreed with the Data Provider.
    2. Data Consumer must provide the Data Provider with contact persons and their contact data who are responsible for all questions relating to the performance of the contract.

 

  • If the customer violates the provisions of this agreement, Telekom shall be entitled to block the agreed services. In this case, affected customers can contact customer service. Furthermore, Telekom reserves the right to delete a data offer from the DIH Marketplace in the event of a breach of law with regard to a data offer if the data provider fails to comply with its obligation to delete despite repeated warnings.

 

 

 

Rights of third parties

 

The customer shall indemnify Telekom against all claims by third parties based on illegal, infringing or abusive use of the platform and the associated services. This also applies to all claims arising from data privacy, copyright or other legal disputes. If the customer recognizes or must recognize that such an infringement is imminent, Telekom shall be obligated to be informed immediately.

 

 

Liability

 

  1. In the event of intent and gross negligence, Telekom shall have unlimited liability.
  2. In the event of slight negligence, Telekom shall have unlimited liability in the event of injury to life, limb or health. If Telekom is in delay with its performance due to slight negligence, if its performance has become impossible or if Telekom has breached a material obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential obligation is one whose fulfillment is essential for the proper execution of the contract, whose violation jeopardizes the achievement of the purpose of the contract, and whose fulfillment the customer may regularly rely on.
  3. In the event of slight negligence, Telekom shall be liable for the loss of data under the conditions and to the extent set out in Section 7.2) only to the extent that the customer has backed up his data in a suitable form in accordance with his obligation under Section 5.6) of the service description so that it can be restored with reasonable effort.
  4. Liability for all other damages is excluded, in particular for data loss or hardware malfunctions caused by incompatibility of the components existing on the customer’s PC system with the new or modified hardware and software and for system malfunctions caused by existing misconfigurations or older, disruptive, incompletely removed drivers. The liability according to the regulations of the product liability law remains unaffected.

 

 

Changes to the Terms of Use

 

Telekom shall be entitled to amend these Terms of Use with a reasonable period of notice of at least six weeks before the amendment takes effect, provided that the amendment is reasonable for the customer, taking into account Telekom’s interests, or is necessary as a result of official decisions or statutory provisions. The customer shall be notified of the changes by e-mail. In the event of changes to the disadvantage of the customer, the customer shall have a special right of termination at the time the change takes effect. In the notification of the change, Telekom shall inform the customer both about this special right of termination and of the fact that the change will take effect if the customer does not make use of the special right of termination within the set period. Enhancements to the functional scope of the DIH marketplace that are exclu-sively of benefit to the customer will be implemented without prior notice.

 

 

Prices and Terms of Payment

 

  1. The charges are stated in the price list.
  2. The customer shall pay the agreed charges in accordance with the price list plus value-added tax at the legally defined rate.
  3. In the case of payment against invoice, Telekom shall issue the customer with a monthly invoice. The invoice amount is due upon receipt of the invoice and must be credited to the account 30 days after receipt of the invoice. In the case of a SEPA Direct Debit Mandate issued by the Customer, Telekom shall not debit the agreed account with the invoice amount before the twenty-seventh day after receipt of the invoice and SEPA pre-notification.

 

 

Data Privacy

 

  1. The Parties undertake to comply with the relevant applicable data protection provisions, currently in particular those of the Data Protection Basic Ordinance (DSGVO), the Telecommunications Act (TKG) and the Telemedia Act (TMG). If the provision of the services regulated in this framework agreement and its individual agreements requires an order processing by the contractor, the contractor undertakes to conclude a data processing agreement in accordance with Art. 28 DSGVO in accordance with the current model of the group https://drc.Telekom.de/de/privacy/service/adv-national/39410
  2. If the provision of the services regulated in this framework agreement and its individual agreements does not require order processing by the contractor, the following provisions shall apply:
    1. It undertakes to maintain the confidentiality and telecommunications secrecy of data processing in accordance with § 88 TKG.
    2. Furthermore, he confirms that he is aware of the relevant data protection regulations and assures that he demonstrably acquaints the employees employed in the performance of the work with the data protection provisions applicable to them beforehand and, in particular, undertakes to maintain confidentiality and telecommunications secrecy in accordance with § 88 TKG. It shall also monitor compliance with data protection regulations.
    3. The party receiving the data shall inform the party providing the data without delay if it is established that the data was unlawfully transmitted or otherwise unlawfully disclosed to third parties.

 

 

Other terms and conditions

 

  1. The place of jurisdiction for all disputes arising from or in connection with this contract shall be Bonn. Any exclusive jurisdiction shall have priority.
  2. The contractual relationship between the contracting parties shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.