Terms and conditions of trevato GmbH

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trevato GmbH

Gartenstraße 49

50996 Cologne

Germany

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E-Mail: info@trevato.com

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§ 1 Scope

1. The following terms and conditions (hereinafter referred to as "T&Cs") apply to all our contracts that are concluded between you as customer and trevato GmbH, Gartenstraße 49, 50996 Cologne, Germany (hereinafter referred to as "trevato"). trevato's offer is aimed exclusively at entrepreneurs.

2. Unless otherwise agreed, the T&Cs shall apply in the version valid at the time the contract is concluded.

3. These T&Cs apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as trevato has expressly agreed to their validity.

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§ 2 Subject

1. Subject of the contract is the use of the software developed by trevato for measuring and increasing the effectiveness of training initiatives within a company. With the software provided by trevato, the customer can evaluate the effectiveness of training interventions and programs within its company.

2. The software helps to measure the effectiveness and learning success of a specific training program and to improve it long lasting. For this purpose, specific feedback is obtained from the participants of the training program, which measures the effectiveness on the basis of defined criteria.

3. The customer has access to the evaluation forms designed by trevato and can use them to evaluate the quality of its training interventions. In addition, the customer has the option of customizing the evaluation forms according to its own requirements.

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§ 3 System availability and maintenance

1. trevato is responsible for the maintenance of the platform. The platform is generally available to the customer 365 days a year, 24/7. This excludes the monthly maintenance windows of a maximum of 48 hours per month. In order to minimize disruption of use, trevato will carry out maintenance preferably at night between midnight and 5 a.m. (Central European Time).

2. trevato will notify the customer 48 hours in advance of maintenance work unless it involves security-critical measures. trevato will carry out security-critical measures immediately.

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§ 4 Customer account

1. In order to use the software, a customer account is required to access trevato's services. The customer is responsible for selecting a secure password consisting of at least a combination of letters and numbers. In addition, the customer is obliged to keep the access data to the customer account secret and to protect it from access by unauthorized third parties.

2. The customer has the option of purchasing several licenses for its employees. Each license can only be used by one employee. Each employee of the customer requires a separate user account. The customer can select one of its users as an administrator for its accounts. The administrator has access to its customer account information, can delete individual user accounts and manage usage rights.

3. If the customer becomes aware that unauthorized third parties have obtained access to any of their user accounts, the customer shall inform trevato immediately.

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§ 5 Contract term

1. Unless expressly agreed otherwise, the contract shall have a minimum term of 12 months. After expiry of the minimum term of 12 months, the contract shall be extended by further 12 months, unless one of the parties cancels the contract with a notice period of at least one [1] month before the end of the minimum term or an extension period.

2. The right of both parties to terminate the contract without notice for good cause remains unaffected.

3. Any cancellation must be made in writing.

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§ 6 Remuneration

1. The customer shall pay trevato an annual license fee in advance for the provision of the software solution. The amount of the respective license fee can be found in the separate price overview. All payments are due within 30 days of receipt of the invoice.

2. All prices are net prices plus any applicable statutory VAT.

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§ 7 Responsibility for content

1. With the software, the customer can create content themself. The customer is responsible for this content. trevato does not check the content uploaded by the customer. trevato has no editorial influence on the customer's content.

2. By uploading or providing any content, the customer assures that they are the rights holder of the content and that the use of the content does not conflict with any third-party rights. In the event of an infringement of rights caused by the customer's content, the customer shall indemnify trevato against the necessary legal defense costs.

3. The content created by the customer must not glorify violence or be sexist, racist or discriminatory.

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§ 8 Granting of rights of use

1. trevato grants the customer a simple, non-transferable, non-sublicensable, revocable right to use the software solution and the evaluation forms provided by trevato, limited in time and space to the duration of the contract.

2. The customer receives an exclusive, irrevocable, transferable, sub-licensable, temporally and geographically unlimited right of use to the content created by the customer.

3. After termination of the contract, the customer may continue to use content that has already been created and downloaded for an unlimited period of time. Access to the platform and the creation of new content is not possible after the end of the contract.

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§ 9 Liability

1. trevato's liability is unlimited in the event of intent, gross negligence and injury to life, limb or health, as well as in the event of wilful breach of material contractual obligations (cardinal obligations). Essential contractual obligations are those obligations whose fulfilment makes the proper execution of the contract possible in the first place. In the event of a negligent breach of material contractual obligations, trevato's liability is limited to the damage typically foreseeable in connection with this type of contract. In addition, trevato has unlimited liability under the Product Liability Act.

2. Apart from the cases mentioned in paragraph 1, trevato's liability is limited to the damage typically foreseeable in connection with this type of contract.

3. trevato is liable for the loss of data only up to the amount that would have been incurred if the data had been properly and regularly backed up by the customer in order to restore it.

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§ 10 Reference

Both parties are authorized to refer to the cooperation with the other party and, in particular, to name the other party as a reference, including on their website and in advertising.

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§ 11 Final provisions

1. This contract shall be governed by the law of the Federal Republic of Germany with the exception of the UN Convention on Contracts for the International Sale of Goods.

2. Amendments to this contract must be made in writing to be effective. This also applies to the amendment of this written form requirement.

3. Insofar as no exclusive place of jurisdiction applies, the parties shall stipulate Cologne, Germany as the place of jurisdiction.

4. The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on effective provisions that come as close as possible to the intended economic purpose of the ineffective provisions. This applies accordingly to the closing of any loopholes in this contract.

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