§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") shall govern the contractual relationship between Skimio GmbH (hereinafter referred to as "Provider") and you (hereinafter referred to as "Customer") in the version valid at the time of conclusion of the contract.
(2) Deviating General Terms and Conditions of the Customer are rejected.
Please read these terms and conditions carefully before making use of any services of Skimio GmbH.
(3) Within the Skimio Pilot application we offer you the following services:
Use of Skimio Pilot as Software as a Service (SaaS)
§ 2 Conclusion of the contract
(1) Contracts on this portal or in this application can only be concluded in the German language.
(2) The customer must have reached the age of 18.
(3) Access to use the Skimio Pilot Service requires registration.
(4) By registering, the Customer acknowledges the present Terms and Conditions. Upon registration a contractual relationship shall be established between Skimio GmbH and the registered Customer which shall be governed by the provisions of these GTC.
(5) The presentation of the service on the skimio.com website, within the application and via other advertising and information sources initiated by Skimio GmbH shall not constitute a legally effective offer. Through the presentation of the service the customer is merely requested to use the Skimio Pilot product.
(6) By ordering a chargeable service the registered Customer enters into a further contractual relationship with Skimio GmbH which is separate from the registration. The user shall be informed of the respective chargeable service and the terms of payment before conclusion of this contractual relationship. The contractual relationship shall come into existence when the Customer confirms the order and payment obligation by clicking the "Subscribe" button.
(7) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each service whether an electronic invoice is available.
§ 3 Description of the scope of services
The scope of services of Skimio Pilot is explained as follows:
The Skimio Pilot is a digital software as a service solution that allows users to create collections of action fields (models) themselves and to review and analyze other people in the team or organization via surveys conducted - from within the application. This enables a comparison of actual and target situation as well as an analysis of the results even on the level of individual fields of action of the respective model. In the case of more than one assessment, a development within the fields of action is also made visible and can thus be discussed and operationalised. Warnings and recommendations are issued from the application if certain constellations of evaluation results are judged unfavorable or critical by the Skimio Pilot using the corresponding underlying algorithms.
The models can be organized via so-called workspaces. A workspace represents an entity, i.e. a team, a unit or an organization. Any number of workspaces and models can be created within an account.
The users of Skimio Pilot are owners (users with administrator rights) and respondents. An owner can invite any number of other owners with the same read and write rights. New owners must register to use the application. Each registered owner can, in turn, create additional workspaces and models, invite people to participate in surveys and use the various evaluation options of the Skimio Pilot to visualize, analyze and compare results.
Currently, the owner can choose between two types of surveys. The Status Quo Assessment and the Importance Assessment. In the Status Quo Assessment, the respondent is asked to rate his or her strength within the fields of action on a scale of 1 (non-existent) to 5 (world class). In the Importance Assessment surveys, the respondent is asked to rate the importance of each field of action to the team or organization on a scale of 1 (not relevant) to 5 (extremely important).
The invitation texts for the individual surveys can be individualised to inform the respondent about the purpose and process of the survey.
The entire survey process can be carried out with the respondents' real names (survey participants) (open version) or anonymously (anonymous version). In the anonymous version, the respondents are invited to the survey from the application using clear names (e-mail addresses), but the results (answers) cannot be assigned to the clear names / e-mail addresses either in the survey process itself or in the analysis.
§ 4 Prices
(1) In order to use Skimio Pilot, a registration is required first.
(2) To use the services of the application, the user must register and create a user account.
(3) The Skimio Pilot can be used free of charge by up to 5 users (owners and respondents). From a number of 6 users a 10 user license with costs must be booked. This booking can be made within the application. Additional users beyond the 10th user can be added in steps of 10. In the booking process, a monthly or annual billing option is offered.
(4) The usage price for the team version is 1€ per month per user including VAT with a minimum purchase of 10 licenses. The usage price for the Enterprise Version is negotiable depending on the scope of further functionalities and the degree of individualisation.
(5) If the user wishes to use a service for which a fee is charged, he/she will be informed in advance of the chargeable service. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(6) The provider reserves the right to charge different fee models for different booking times and user groups and especially for different periods of use, as well as to offer different scopes of services.
§ 5 Terms of payment
(1) Any fee due shall be paid in advance, at the time of maturity, without deduction to Skimio Pilot.
(2) By registering, providing the information necessary for the payment procedure and using the chargeable service, the user authorizes the operator to collect the corresponding amount.
(3) A fee-based service is automatically extended by the respective booked period (subscription), unless it is cancelled by telephone, e-mail or letter.
(4) The subscription is collected at the following time: Monthly on the effective day of the initial subscription.
(5) Certain payment methods can be excluded by the provider in individual cases.
(6) The customer is not permitted to pay for the service by sending cash or cheques.
(7) Should the customer choose an online payment method, the customer authorises the provider to collect the amounts due at the time of the order.
(8) If the provider offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the provider's account within five calendar days after receipt of the order.
(9) If the provider offers payment by credit card and the customer chooses this method of payment, the customer expressly authorises the provider to collect the amounts due.
(10) If the Supplier offers payment by direct debit and the Customer chooses this method of payment, the Customer shall issue the Supplier with a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank account data, the Customer shall bear the costs of this reversal.
(11) If the customer is in default of payment, the provider reserves the right to claim damages for delay.
(12) The settlement can be made by the following means of payment (status 06-2020):
§ 6 Registration and cancellation
(1) The customer declares that he and, to his knowledge, no member of his household has not been convicted of an intentional criminal offence endangering the safety of third parties, in particular not of a criminal offence against sexual self-determination (§§ 174 et seq. StGB, a criminal offence against life (§§ 211 et seq. StGB), an offence against physical integrity (§§ 223 ff. StGB), an offence against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user account is intended for his/her sole and personal use; a user may not authorise third parties to use this account. A user may not transfer his/her account to third parties.
(3) A user is, with reservation, entitled to unsubscribe at any time without giving a reason in writing by mail, e-mail or telephone. At the same time, there is the possibility to deactivate the user account completely and personally within the data and settings of the user account. The previously concluded contractual relationship is thereby terminated.
(4) If a user has registered for a paid service, he can cancel at least 7 days before the booking period. If this deadline is not met, the chargeable service will be extended by the selected booking period and the cancellation will only take effect at the end of the following booking period. A cancellation is possible by e-mail or letter and will be confirmed by us in writing. In order that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be given.
(5) Skimio GmbH may terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. Skimio GmbH further reserves the right to remove profiles and/or any content published on the website by or from the user. If Skimio GmbH terminates the user's registration and/or removes the user's profiles or published content, Skimio GmbH shall have no obligation to inform the user thereof or of the reason for the termination or removal.
(6) Users are obliged not to make any intentional or fraudulent false statements in their profile or other areas of the portal. Such statements may result in civil law action. Furthermore, the operator reserves the right in such a case to terminate the existing contractual relationship with immediate effect.
(7) If a User's access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the User shall pay compensation for the remaining term of the contract in the amount of the agreed remuneration minus the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both parties to the contract are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship all data of the user will be deleted by Skimio.
§ 7 Limitation of liability (services)
(1) Skimio GmbH assumes no responsibility for the content and correctness of the information in the registration and profile data of the Ordersers and other content generated by the Orders.
(2) With regard to the service sought or offered, the contract shall be concluded exclusively between the respective participating Buyers. Skimio GmbH shall therefore not be liable for services of the participating Buyers. Accordingly, all matters relating to the relationship between the Buyers including, without exception, the services received by a seeker or payments due to Buyers shall be addressed directly to the respective party of the seeker. Skimio GmbH cannot be held responsible for this and hereby expressly rejects all possible liability claims of any kind whatsoever including claims, services, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in any way whatsoever in connection with the aforementioned matters.
(3) Skimio GmbH shall only be liable for other damage, insofar as it is not based on the violation of cardinal obligations (such obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the contracting party may regularly rely), if it is based on an intentional or grossly negligent violation of obligations bySkimio GmbH or on an intentional or grossly negligent violation of obligations by a legal representative or vicarious agent of Skimio GmbH.
(4) Claims for damages shall be limited to foreseeable damage typical for the contract. In the event of default they shall amount to a maximum of 5% of the order value.
(5) Claims for damages based on injury to life, limb or health or freedom shall become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations shall expire at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or would have to become aware of them without gross negligence (§ 199 (1) BGB).
(6) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and the law and, if necessary, to delete it in whole or in part.
§ 8 Set-off and right of retention
(1) The customer is only entitled to offsetting if the customer's counterclaim has been legally established or is not disputed by the provider.
(2) The orderer can exercise a right of retention only if your counterclaim is based on the same contractual relationship.
§ 9 Cancellation policy
(1) If the purchaser is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period for services is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must give us:
Skimio GmbH.Im Birket 682166 Gräfelfing
Phone: +49 89 20334500
inform us by means of a clear statement (e.g. a letteror e-mail sent by post) of your decision to withdraw from this contract.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
(3) Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different method of delivery to the cheapest standard delivery offered by us), without delay and no later than 14 days from the date on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
§ 10 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities if the provider has given the persons concerned prior written consent.
(4) You have the right at any time to receive complete information free of charge from Skimio GmbH about the data stock concerning you.
(5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.
§ 11 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system during your next visit (so-called permanent cookies).
§ 12 Place of jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§ 13 Final provisions
(1) We do not offer products or services for purchase by minors. If you are under 18, you may only use the Skimio Pilot with the involvement of a parent or guardian.
(2) If you violate these terms and conditions and we do not take any action against it, we are still entitled to exercise our rights on any other occasion in which you violate these terms and conditions of sale.
(3) We reserve the right to make changes to our website, rules, terms and conditions, including these Terms and Conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision in these Terms is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(4) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.