Terms of use Qoactive

Qlaym GmbH ("Qlaym") offers you the use of the platform Qoactive ("Qoactive") for data analysis on the internet under the website www.qoactive.com. This offer exclusively addresses companies. By using the service offered, you expressly agree to these terms of use. These terms of use are an integral part of the contract.

Qoactive is currently still in test operation. You can try Qoactive for four weeks as part of this test run. After completion of the test operation, Qoactive usage fees may apply.

Qoactive will inform you about termination of the test operation.

I. Description of the product and how to use it

Qoactive offers you the possibility to store, explore, visualize and analyze your data and to monitor, simulate and optimize production processes on this basis. The functionalities are offered in the form of specific modules (e.g. Exploration, Screening and Inspection). Access is granted via web service at http://www.qoactive.com.

The data is stored and processed on the basis of Amazon Web Services (AWS), whose Terms of Use can be viewed under the following link: http://www.aws.amazon.com/service-terms/

Unless expressly stated otherwise, all new features amending or extending the current service, including new versions, are subject to these or other applicable Terms of Use. You expressly acknowledge that Qlaym may change, terminate, suspend, or otherwise adapt any Qoactive feature, option, utility, and/or tool at any time without notice. You agree that Qlaym is not responsible for any availability, timeliness, deletion, non-storage of user data or communication or personalization settings or changes to Qoactive, among other things.

II. Prohibitions of use and sanctions

You understand that you are fully responsible for all content you upload to Qoactive. You agree not to use Qoactive to upload any content that violates any applicable law, infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of any person.

The use of the Qoactive platform using personal data within the meaning of the DS-GVO and/or the BDSG is prohibited.

You agree that Qlaym may review and remove any content from Qoactive that Qlaym, at its sole discretion, determines being inconsistent with Qoactive's terms of use at any time and without notice.

You agree that Qlaym may access, retain and disclose your content if required to do so by law, or if there is reason to believe that such access, retention or disclosure is essential, or to enforce these Terms of Use, or to respond to claims by third parties that their rights have been infringed, or to respond to your service requests.

You acknowledge that Qlaym may establish general practices and restrictions for the use of Qoactive, including, but not limited to, the maximum number of days the content is retained on the Qoactive Platform, the maximum size of any or all files, the maximum storage space allocated to Qlaym's servers to you, and the maximum number of accesses to Qoactive per day.

III. Liability

Qoactive is currently offered as a trial version. You use Qoactive at your own risk. Qlaym does not assume any liability for damages resulting from the use of Qoactive. You are liable, regardless of fault, for all damages caused by the use of Qoactive and release Qlaym from liability claims of third parties in connection with the use of Qoactive.

IV. Registration Process

Registering a user account for Qoactive is possible at https://www.qoactive.com/register. After entering the mandatory information and submitting the registration form, an email containing a verification link is sent to the email address given in the registration. This link must be opened in a browser in order to activate the user account. After verification, the account is active immediately and Qoactive is available after logging in.

V. Cost

The use of Qoactive during test operation is free of charge.

VI. Termination of the Service

During test operation, Qoactive can be terminated at any time. Qlaym will inform you at least four weeks before discontinuation of the test mode.

VII. Applicable Law

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

VIII. Jurisdiction

The place of jurisdiction for all legal disputes is Düsseldorf.