Terms and Conditions

§ 1 Scope

These General Terms and Conditions ("Terms") govern all contracts between Implisense GmbH (hereinafter "Implisense") and its customers for the provision of data services, analytics products, software-as-a-service offerings, and related services. Deviating terms and conditions of the customer shall not apply unless Implisense expressly agrees to them in writing.

§ 2 Formation of Contract

Implisense's offers are non-binding. A contract is concluded upon written order confirmation by Implisense or upon commencement of service delivery. For digital products, activation of access (API key, account access) constitutes contract formation. For consulting and analysis services, the signed offer serves as the contractual basis.

§ 3 Scope of Services

The specific scope of services is set out in the respective offer, service description, or product sheet. Implisense provides its services with due care based on data available at the time of delivery (commercial register, public sources).

Implisense provides no warranty for the completeness, timeliness, or accuracy of the data provided, as these are based on public third-party sources. Implisense does not provide legal or tax advice.

§ 4 Prices and Payment

The prices stated in the offer or on the website apply, plus applicable VAT. Invoices are due within 14 days of the invoice date without deduction, unless otherwise agreed. For recurring subscriptions (API, SaaS products), billing occurs monthly or annually in advance.

In the event of late payment, Implisense is entitled to charge default interest at the statutory rate and to suspend access to digital products until outstanding invoices are settled.

§ 5 Usage Rights and Intellectual Property

Implisense grants the customer a simple, non-transferable right to use the delivered data, reports, and analyses for its own business purposes. Transfer to third parties, resale, or public disclosure is not permitted without Implisense's express written consent. Methods, algorithms, and software of Implisense remain exclusively the intellectual property of Implisense.

§ 6 Limitation of Liability

Implisense is liable without limitation for damages arising from injury to life, body, or health, and for damages based on intent or gross negligence.

In cases of ordinary negligence, Implisense is only liable for breach of a material contractual obligation (cardinal obligation) and only for the typically foreseeable damage. Liability in such cases is limited to the amount paid by the customer to Implisense in the 12 months preceding the damaging event, but not exceeding EUR 50,000.

Liability for damages arising from the use of provided data for business decisions is excluded to the extent permitted by law.

§ 7 Data Protection

The processing of personal data is carried out in accordance with our Privacy Policy. Where Implisense processes personal data on behalf of the customer in the course of service delivery, a separate data processing agreement (DPA) will be concluded.

§ 8 Termination and Duration

One-time projects and analyses end upon delivery of the agreed result. Subscriptions (API access, SaaS products) may be terminated with 30 days' notice to the end of the respective billing period, unless a different term is agreed in the offer. Termination must be in text form (email suffices).

§ 9 Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided the customer is a merchant, legal entity under public law, or a special fund under public law.

§ 10 Final Provisions

Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall not be affected. Amendments to these Terms must be in text form. No verbal collateral agreements exist.

Questions about these Terms? Contact us at info@implisense.com. These Terms do not constitute comprehensive legal advice. For complex contractual arrangements, we recommend consulting a qualified attorney.