Terms and Conditions / Terms of Use of adventics GmbH for Scan2Lead
Valid from 01.01.2024
General - Scope of application
These terms of use are part of a contract between adventics GmbH and its customers regarding the use of Scan2Lead products (software and rental devices) and associated solutions and services.
Contents
1 Definitions and service description
2 System requirements
3 Rights and obligations of adventics
4 Rights and obligations of the customer
5 Remuneration, due date, default
6 Warranty, liability
7 Cancellation, contract term, termination
8 Data protection
9 Final provisions
1 Definitions and service description
1.1 Software
Software" refers to applications, websites or other media.
1.2 Users
Users" refers to users of the software and the entire range of solutions. The entire Scan2Lead offer is aimed exclusively at commercial customers (B2B) and not private customers (B2C).
1.3 Client
Clients" are companies, trade fair organisers, exhibitors, organisations, institutions, municipal administrations or tradespeople who use the Scan2Lead software.
1.4 Scope of services
adventics GmbH ("adventics") develops and operates the Scan2Lead system, which consists of software and possibly rental hardware for recording and processing trade fair contacts (leads).
Otherwise, the scope of services can be found in the description on the product website www.Scan2Lead.com.
1.5 Product categories
1.5.1 Trade fair-specific products
These products are offered for use at a specific trade fair. At the time of purchase, the products are assigned to the respective trade fair and can only be used at this trade fair.
Sales are made either via the shop of the respective trade fair or via a Scan2Lead shop set up for this trade fair. This shop can only be accessed by customers who have been approved for the trade fair by the trade fair organiser.
The purchase and use of these trade fair-specific products is therefore only permitted for authorised companies at this trade fair.
1.5.2 Freely deployable / Scan2Lead 365 products
Free-to-use products are Scan2Lead products that are not assigned to a specific trade fair at the time of purchase.
Customers can decide for themselves at which trade fairs the products are used.
2 System requirements
The current system requirements for the software offered by adventics can be found in the description on www.Scan2Lead.com. Specific system requirements are published on the Scan2Lead support portal: https://Support.Scan2Lead.com
3 Rights and obligations of adventics
3.1 Further development and scope of services
adventics reserves the right to modify the Scan2Lead solutions at any time in a manner that is reasonable for the customer, e.g. to further develop or improve their quality. The contractually agreed scope of services is generally retained in the event of a change to the software.
3.2 Changes
adventics reserves the right to change these terms and conditions at any time and without giving reasons. The amended terms and conditions will be sent to customers by e-mail at least two weeks before they come into effect. If a customer does not object to the validity of the new terms and conditions within two weeks of receiving the e-mail, the amended terms and conditions are deemed to have been accepted. adventics will inform customers separately of the significance of this two-week period in the e-mail containing the amended terms and conditions.
3.3 Usability/availability
Due to technical malfunctions and maintenance, limited usability may occur for a limited period of time. adventics will always rectify any malfunctions as quickly as possible in order to minimise these times and - where possible - inform the customer of foreseeable malfunctions in good time. adventics guarantees the customer an average annual availability of 98.5%.
3.4 Analysis for quality improvement
The client agrees to a quantitative evaluation of the data from the use of the software for analysis, benchmarking and marketing. All data collected and used will be utilised exclusively in aggregated form and may not be used to identify the client, its users or customers. adventics is entitled to use the data generated in the course of use internally for the purposes of monitoring and improving the offer (quality improvement).
3.5 Measures against misuse
adventics may take measures if there are concrete indications that a customer is violating legal regulations, the rights of third parties, the adventics T&Cs or if adventics has another legitimate interest, in particular to protect users from fraudulent activities.
When choosing the measure, adventics takes into account the legitimate interests of the user concerned, in particular whether there are indications that the user is not responsible for the offence.
3.6 References
adventics is authorised to name the customer as a reference from the time of productive use. This includes in particular the use of the customer's name and logo and mention in media coverage.
4 Rights and obligations of the customer
4.1 Exhibitor as customer
Orders for an event-specific version of Scan2Lead, e.g. in an exhibitor shop at a trade fair, may only be placed by authorised exhibitors at that trade fair.
4.2 Complete and truthful information
The customer must provide all personal or company-related data to be collected in the ordering process completely and truthfully. The customer is responsible for the accuracy of his data and guarantees adventics that it is correct and up-to-date.
4.3 Security
Customers must ensure that third parties cannot access their access data. The customer is solely responsible for any misuse.
4.4 Delivery, collection and return of Scan2Lead products
4.4.1 Licences - Electronic products
Electronic products such as Scan2Lead SMART and Event Day Credits (EDC) are normally sent to the customer's contact person by e-mail immediately after we receive the order. From this point in time, the licences are also available in the Scan2Lead PORTAL: https://portal.scan2lead.com/
The processing of orders, including electronic products, for products ordered in the online shop of a trade fair may take longer due to procedural reasons.
4.4.2 Rental devices - On-site service desk
Loaned devices such as Scan2Lead COLLECT or Scan2Lead STATION are pre-configured by us and made available for collection on site at our service counter. The location and opening hours of the service counter will be communicated to the customer by e-mail after receipt of the order. This information can also be found on the main page of the Scan2Lead PORTAL: https://portal.scan2lead.com/
Rental equipment must be collected by the customer/exhibitor from the service desk on site and returned there at the end of the trade fair.
The person collecting the equipment must either identify themselves as an employee of the exhibitor or present authorisation to collect the equipment from the exhibitor. The easiest way to do this is with a personalised exhibitor ticket/badge or a business card.
For organisational reasons, it is not possible to deliver the rental equipment to the exhibition stand.
If necessary and if devices are available, it is possible to send rental devices to the customer/exhibitor in advance via package delivery. The return of the rental devices can also be done via package delivery. Additional fees may apply for this service.
4.4.3 Return of rental devices
Loaned equipment must be returned to our service counter at the end of the trade fair. In most cases, our service desk closes at the end of trade fair opening hours on the last day of the fair. Details can also be found on the main page of the Scan2Lead PORTAL: https://portal.scan2lead.com/
If rental equipment is not returned to our service desk by the end of the trade fair, we will inform you by e-mail how to return the rental equipment. If the rental equipment has not been returned to us by 14 days after the end of the trade fair, we will charge the replacement price and a handling fee of € 30 per device.
Address for the return of loaned appliances:
adventics GmbH
Münchener Straße 23A
85540 Haar near Munich
Germany
Please always send us the tracking number/tracking link as soon as you have sent the devices to our support e-mail: Support@Scan2Lead.com
4.5 Use of Scan2Lead products
Once electronic products have been ordered, they are sent to the customer by e-mail. The availability of the ordered devices is guaranteed to the customer upon receipt of the order for rental devices.
In doing so, adventics grants the customer the right to use the ordered software for the specified period of use. For electronic products, this normally begins with the activation of the licence key and ends after the end of the trade fair.
In the case of rental equipment, the period of use begins after handover to the exhibitor on site at the service desk and ends when the equipment is returned.
Use of the Scan2Lead PORTAL, which is part of every Scan2Lead product, begins with registration in the Scan2Lead PORTAL. The period of use for the Scan2Lead PORTAL ends when the user cancels the right of use. This can be done at the earliest 8 weeks after the end of a trade fair.
4.5.1 Transfer of data or licences
The customer is not authorised to pass on or publish data to third parties that arise within the scope of the contractual relationship with adventics or in the context of use. Customers may not transfer, sublet or licence the Scan2Lead software/licences or devices to other companies without the express written permission of adventics.
4.5.2 Compliance with legal regulations and data protection guidelines
The customer guarantees adventics not to violate any legal regulations and to comply with the applicable data protection guidelines. In particular, he will not violate the property rights, industrial property rights and rights of use of third parties.
4.5.3 Claims of others
The customer indemnifies adventics on first demand against all claims asserted by other customers, users or other third parties against adventics due to infringement of their rights by results or data obtained by the customer using Scan2Lead software. The customer assumes the costs of adventics' necessary legal defence, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide adventics immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
4.6 Fair use and API
The customer may only use the Scan2Lead products in accordance with the normal scope of use (fair use). Automated, mass use within the interface or of non-public API endpoints is not included in the scope of use.
Scan2Lead may only request and record data from visitors who have given their consent. Consent is given by the visitor when they present their badge/ticket or business card to the user for scanning with a Scan2Lead product.
By doing so, the visitor gives the user implied consent to the processing of their data in the context of the trade fair/congress/event.
Abusive behaviour will result in the immediate blocking of the corresponding access.
4.7 Security
4.7.1 Spam
The customer undertakes not to send any spam messages and not to use any automatic electronic programmes or robots or to make his Scan2Lead access available for this purpose.
4.7.2 Viruses and malware
The customer undertakes not to disseminate or post any viruses, malware or harmful links, as well as links to illegal websites and malicious content.
5 Remuneration, due date, default
5.1 Price information
All prices are quoted net, plus statutory VAT.
5.2 Price changes
adventics can change prices at any time. Customers will be notified of price changes in writing in good time before they come into effect.
5.3 Offsetting of claims
The customer only has a right of set-off if his counterclaims have been legally established or recognised by adventics.
5.4 Right of retention
The customer shall only have a right of retention to the extent that his counterclaim arises from the same contractual relationship.
6 Warranty, liability
6.1 Intent gross negligence
adventics is liable for intent or gross negligence, for injury to life, body or health, in accordance with the provisions of the Product Liability Act and to the extent of a guarantee assumed by adventics.
6.2 Simple negligence
Notwithstanding the provision in section 6.1, adventics is only liable for simple negligence in the event of a breach of material contractual obligations, i.e. the breach of obligations whose fulfilment is essential for the proper execution of the contract of use and on whose compliance the customer may regularly rely ("cardinal obligation"). In the event of a negligent breach of a cardinal obligation, adventics' liability is also limited to the foreseeable damage typical for the contract. The foreseeable damage typical for the contract in accordance with clause 6.2 sentence 2 amounts to a maximum of 100% of the annual contract volume per contract year (remuneration to be paid by the customer to adventics within the contract year in which the damaging event occurs for all services provided by adventics with regard to the use of the service by the customer) or EUR 10,000, whichever is higher.
6.3 Limitation of liability
The limitation of liability in clause 6.2 also applies to lost profits and lost savings.
6.4 Known defects
Notwithstanding the provision in Section 6.1, adventics' strict liability under Section 536a BGB for defects that already existed at the time the contract was concluded is expressly excluded.
6.5 Limitations of liability
The above limitations of liability also apply in the event of fault on the part of a vicarious agent of adventics as well as for the personal liability of adventics' employees, representatives and organs.
6.6 Force majeure etc.
adventics is not liable for damages caused by force majeure, strikes, lockouts, natural disasters or other events beyond its control.
6.7 Accuracy of visitor data
adventics accepts no responsibility for the accuracy of visitor data. This also applies in particular in the case of integration with the registration system of a trade fair organiser. Visitors enter and provide their data themselves. For legal, technical and organisational reasons, no guarantee can be given that the registration data of each individual visitor can be retrieved in Scan2Lead.
6.8 Failure of technology
adventics is not liable for errors caused by the failure of the customer's computer, server, app or mobile device or by the inadequacy of the customer's internet or broadband connection.
The Scan2Lead SMART app is fully functional in online mode. It can be used temporarily without an internet connection. The recorded data is saved on the device in the app and transferred automatically once the internet connection is restored. If the app is deleted or the device is reset before a transfer takes place, the data recorded offline will be lost.
In these or similar cases, such as the loss or theft of a device, Adventics is not liable for the associated loss of data.
Furthermore, adventics is not liable for the loss of data collected with loaned devices if the customer loses, damages or steals the loaned device or fails to download the data from it.
Except for death or personal injury caused by adventics' negligence, adventics shall not be liable for any damages resulting from loss of data or use thereof, loss of profits, loss of anticipated savings, or damages or increased costs that are an indirect or secondary consequence of any act or omission of adventics, regardless of whether the damages were reasonably foreseeable or actually foreseen.
6.9 Limitation period
The limitation period for the customer's claims for damages based on liability under clause 6.1 shall be determined in accordance with the statutory provisions. The limitation period for other claims for damages by the customer is one year. It shall commence at the end of the year in which the claims arose and the customer became aware of the circumstances giving rise to the claim and the identity of the debtor or did not become aware of them due to gross negligence, but no later than five years after they arose and ten years after the commission of the act, the breach of duty or the other event causing the damage.
Availability
adventics endeavours to ensure the highest possible availability of all components. However, adventics is not liable for the availability and error-free generation of addresses and contact data, nor for the legality and availability of generated data.
Consequences and disadvantages for customers
The customer is liable for all consequences and disadvantages incurred by adventics due to the improper or unlawful use of the services or due to the fact that the customer does not fulfil his other obligations under these GTC.
7 Cancellation, contract term, termination
7.1 Cancellation
7.1.1 Trade fair-specific products
The following cancellation deadlines apply to trade fair-specific products, unless the trade fair organiser has explicitly stated other deadlines in its terms and conditions:
- Up to four weeks before the start of the event
Cancellation possible without fees - From 4 weeks to 2 weeks before the start of the event
Cancellation possible with 50% of the order amount - From 2 weeks before the start of the event
Cancellation is no longer possible
7.1.2 Freely deployable / Scan2Lead 365 products
Cancellation is not possible
7.2 Contract term and cancellation
See also 4.5
The contractual term of the licence agreement is the period specified in the order. In the case of event-specific products, use is limited to the trade fair period of the respective trade fair. Access to the portal is governed by the terms of use of the respective trade fair.
Use of the Scan2Lead PORTAL, which is part of every Scan2Lead product, begins with registration in the Scan2Lead PORTAL. The period of use for the Scan2Lead PORTAL ends when the user cancels the right of use. This can be done at the earliest 8 weeks after the end of a trade fair.
7.2.1 Subscription products (e.g. Scan2Lead CONNECTOR)
For subscription products, a cancellation period of one month before the end of the contract period applies. If the contract is not cancelled, it is automatically renewed for the same period under the same conditions.
7.3 Cancellation
Cancellation must be in text form.
8 Data protection
adventics collects, stores and processes the company and personal data (inventory data) obtained in the context of the contractual relationship and other data that arise in the context of use by adventics for the purpose of contract processing, billing and the performance of the services used by the customer in accordance with the statutory data protection regulations and the adventics privacy policy. The currently valid adventics privacy policy is published on the adventics website: https://www.adventics.de
If the customer uses trade fair-specific versions of Scan2Lead, adventics also acts as a data processor on behalf of the organiser. In this case, the data protection conditions of the respective organiser also apply.
9 Final provisions
9.1 Severability clause
In the event that individual provisions of these General Terms and Conditions should be invalid in whole or in part, this shall not affect the validity of the remaining provisions. Wholly or partially ineffective provisions shall be replaced by such provisions whose regulatory content comes as close as possible to that of the ineffective provision in a legally effective manner. The same applies to any loopholes.
This Agreement shall be governed by German law. All notices or other communications concerning or relating to these Terms and Conditions shall be in writing and shall be sent by post or left at the last known business address of the relevant company or person and shall be deemed to have been sufficiently served if sent to the relevant person by email. Acceptance shall be deemed to have taken place on the date of transmission if this is before 4pm GMT on a weekday, otherwise on the next following weekday. For the avoidance of doubt in the event of any inconsistency between the English and German versions, the German version shall prevail in the event of any inconsistency between the English and German language versions. The place of fulfilment is the registered office of adventics GmbH. The exclusive place of jurisdiction for all disputes arising from the contract is the registered office of adventics GmbH if the customer is a merchant within the meaning of the German Commercial Code (HGB) or has no registered office or usual place of residence in the Federal Republic of Germany at the time the action is brought.