1.1 These Terms and Conditions are deemed to apply in all as well as in future services of the Living Internet GmbH (hereafter referred to as „Living Internet”), in relation to the provision of services and software as well as the operation of portals, interfaces and internet services („Living Internet-services”). They describe the contractual relationship between Living Internet and natural and legal persons (hereafter referred to as „Customer”), who use Living Internet-services, be it manually, by automatic systems or as services.
1.2 The offers of Living Internet are exclusively directed at companies, i.e. natural or legal entities or partnerships with legal capacity. Only these are Customers as understood by these Terms and Conditions. Insofar the Living Internet rejects closing contracts with consumers. The Customer declares upon conclusion of the contract that its use is predominantly attributed to their commercial or independent professional activity.
1.3 „Customers” are further understood to be all Customers who enter into or have entered into a contractual relationship with Living Internet against payment or free of charge (e.g. by placing an order or registering) by means of a separate declaration and who have accepted these GTC in doing so.
1.4 Agreements, including subsidiary agreements, customized warranty promises or assurances that differ from these terms only apply if they have been set down in writing and confirmed in writing by Living Internet (more precisely: by a person authorized to do so expressly or by virtue of his position as a corporate body, procuration or power of attorney).
1.5 Confirmed, deviating terms and conditions of purchase or business shall be considered subordinate to these GTC in case of conflict.
2. Business purpose
2.1 The business purpose of Living Internet is the collection, processing, monitoring and analysis of publicly available information from digital sources. For this purpose Living Internet utilizes various search engines, crawling software, AI, Big Data analysis and services. Living Internet technology is designed to recognize business information and provide Customers with these „hit lists», „results» or „reports».
2.2 Internet pages, public interfaces of various platforms (e.g. of social media), as well as databases and various search services of partner companies are queried just-in-time as „sources» for this purpose.
2.3 Mainly freely publicly accessible content is indexed and processed within the legally permissible framework (German Copyright Act (UrhG)). Partner content may be legally protected.
2.5 Living Internet generally rejects the order processing of personal data. The use is therefore generally possible without an order processing contract. Excluded are data of Customer logins, report or invoice recipients, which are necessary for direct order fulfillment. Should a DPA become necessary for a specific use case requested by the Customer, Living Internet shall actively point this out.
2.6 The use of the provided data by the Customer is carried out with the aim to use the delivered results for the commercial activity.
2.7 The usual use is within the legally permissible framework and is aimed at the Customer’s own information within the own Company. Further use may also be the subject of use, but shall then be bound by Living Internet to additional contractual conditions.
2.8 If the range of services is supplemented by additional services of third parties, Living Internet shall obtain the Customer’s consent to any additional necessary contractual terms and conditions prior to the respective activation of the additional services.
3. Scope of service
3.1 Living Internet grants the Customer a non-exclusive license to use the Living Internet software and the Living Internet services, which license shall be limited in time to the duration of the cooperation. In particular, the type, number and scope shall be regulated. The resale, transfer or leasing of the granted licenses of use shall only be permitted with the prior written consent of Living Internet.
3.2 The results, primarily Leads, are made available to the Customer via the Internet in a protected working environment that can be called up, or they are sent to the Customer electronically. A Lead (plural Leads) is defined as follows: An initiation of contact and/or indication of contact information and/or response by a potential prospect or candidate. We speak of a „qualified Lead» when a potential Customer or candidate confirms their interest (corresponding to an as-yet non-binding purchase intention or intention to hire).
3.3 In this working environment, Living Internet operates the software and search technology that executes queries according to the Customer’s specifications and configurations, either individually or on a regular basis, selects and filters the results according to defined criteria and displays the hits in a suitable form or makes them available for retrieval.
3.4 The scope of the underlying source database as well as the selection of connected interfaces, platforms and databases (collectively hereinafter referred to as „sources») are subject to the discretion of Living Internet. In order to ensure the topicality and effectiveness of the offer, Living Internet reserves the right to expand, change or supplement the sources at any time. The Customer may view the respective current status, suggest sources for addition or inquire about their processing status. However, for technical and legal reasons, there is no entitlement on the part of the Customer for certain sources to be processed.
3.5 The frequency and scope of retrieval and processing of individual sources, as well as the collection of content, is always „just in time». There is no entitlement to Customer-specific adaptation of these procedures.
3.6 Living Internet shall be entitled to refuse specific queries or search requests in individual cases if they cannot be executed or are unreasonable for technical or legal reasons. In such cases, Living Internet shall inform the Customer of this in a suitable form.
3.7 The delivered hits and results come from a variety of different, constantly changing sources. Living Internet therefore owes neither a complete or correct content of the search results nor a correctness of the concrete representation. Living Internet expressly does not make the content and statements of the results their own — not even if the results of the search fit into the overall picture of the Living Internet offer for design reasons.
3.8 The Customer acknowledges that they understand that the results provided are determined automatically and, due to the mass and speed of processing, there is no prior review by Living Internet. The Customer is aware that results may therefore contain incorrect, infringing, unlawful, offensive or otherwise inappropriate or unsuitable text, images, data or works. The Customer shall not consider this fact as a defect and shall not derive any claims from it, e.g. for consequential damages, against Living Internet.
3.9 For reasons of optimal accessibility, contact with the targets in the case of worldwide targeted approach is made according to statistical findings and during the typical office opening hours of the target country in relation to local time.
3.10 Technical data, specifications and performance information in public statements, in particular in advertising material, are not to be understood as such as information on the quality of the Living Internet Products in the contractual sense.
4. Customer obligations
4.1 After the Customer has received the Leads from Living Internet, they shall be responsible for this data. The Customer shall not pass them on to third parties and shall in particular also bear responsibility for any misuse that occurs with the data allocated to them.
4.2 The Customer further undertakes to observe these GTC when using Living Internet services and to exercise due care customary in business. This means in particular:
4.3 If there is evidence or a serious suspicion that a Customer has committed or attempted to commit a breach of duty pursuant to section 4.1. or 4.2., Living Internet may exclude the Customer from using its services with immediate effect until the matter has been finally clarified.
5. Work results, rights & obligations
5.2 The Customer undertakes to use address and contact data only in the legally permissible framework (according to GDPR/fair trade law (UWG)) and for a legitimate purpose. Depending on the purpose or further processing, it may be necessary for the Customer to inform affected persons or to obtain the necessary consent of the affected person explicitly (e.g. by „double opt-in») before processing. Living Internet points out to the Customer that such consent is not associated with the determination and provision of the data. The Customer himself shall be responsible for the legal admissibility of the use, in particular in aspects of data protection and competition law. Living Internet shall not be obliged to ensure that the data provided is suitable for a purpose intended by the Customer.
5.3 Living Internet grants the Customer a simple, non-transferable right to use the data provided. The Customer shall not be entitled to rent or resell the data obtained from Living Internet to third parties. The data may only be passed on to affiliated companies or service providers if this act as direct vicarious agents of the Customer and their right of use is restricted in an appropriate manner, both spatially and temporally, to the relevant transaction. The Customer shall oblige vicarious agents and service providers in the same way and, if necessary, conclude legally necessary contracts for the transfer of data.
5.4 If the Customer provides Living Internet with their own data, e.g. for the purpose of updating or enrichment, the Customer hereby grants Living Internet a simple, temporal and spatial unlimited right of use to process, reproduce and compare such data with its own data. The Customer is aware that this may be a prerequisite for the provision of certain services. In this case, however, the provisions pursuant to section 2.5 shall apply in particular.
5.5 In the event of 5.4, Living Internet undertakes to treat all confidential data and information received from the Customer as confidential and to make such data and information accessible only to those persons to whom disclosure is necessary for the performance of the order. The use of the data for any other purpose shall remain excluded. At the end of the contract, Living Internet shall delete the confidential data and information received.
5.6 The Customer acknowledges that all results, contact and address data as well as so-called „characteristics» derived therefrom (e.g. industry key, sales & employee figures, etc.), so-called „technologies» (e.g. the indication that a Company uses a certain machine) or so-called „signals» (e.g. the indication that a Company has had a change of manager) are determined automatically by a technology and therefore there is no claim to correctness, up-to-dateness, completeness or correctness of content.
5.7 If an infringement of the rights of third parties occurs as a result of a violation of the provisions set forth in paragraph 5.1. to 5.6. by the Customer, the Customer shall indemnify Living Internet against all claims resulting therefrom. Reimbursable costs shall also include the reasonable costs of a legal defense that Living Internet should incur in defending itself against third-party claims. Living Internet shall, however, inform the Customer without delay of any legal defense measures to be taken. In such disputes with third parties, Living Internet may conclude settlements only after consultation with the Customer. Otherwise, Living Internet shall bear the costs of the dispute itself.
6. Orders, prices & terms
6.1 A contractual relationship with the Customer is concluded by written or electronic transmission of an order to Living Internet or by telephone agreement with a Customer consultant. It shall be deemed to have been confirmed if the Customer does not object to the commercial confirmation of the order without delay after receipt thereof or as soon as the first act of performance (e.g. the configuration of the system and the search algorithm after the Customer has submitted their search profile /Ideal Customer Profile) has taken place.
6.2 The charges from the respective current price list, a previously submitted specific offer or the website valid at the time of the conclusion of the contract and made known to the Customer shall apply. All prices are in Euro plus the statutory value added tax.
6.3 Invoicing for the first month takes place with the order confirmation. After receipt of payment, the setup and configuration of the system can take place.
6.4 Unless otherwise agreed in writing in the offer (e.g. two-month trial period) or the order confirmation, the following modalities shall apply:
The minimum term for any Living Internet contract is three months. The fees for the respective operative month (with the exception of the first month — cf. 6.3) are due 14 days after invoicing.
6.5 Placed orders and orders made are binding and not transferable to other Customers. If the client and Customer differ (e.g. if an agency places an order on behalf of a Customer), both addresses must be named and a different invoice address must be provided.
6.6 When placing an order, the Customer shall provide all information truthfully and completely. Living Internet shall be informed immediately of any subsequent changes of address or contact persons. Living Internet undertakes to provide the Customer with the agreed service from the start of the agreed term in accordance with clause 3.9.
6.7 All contracts are automatically renewed at the end of the term at the contractually agreed conditions for the last agreed contract term, unless notice of termination is given up to 7 working days before the end of the term or something else has been agreed in writing beforehand. The receipt of the declaration by Living Internet shall be decisive for the effectiveness and timeliness of a termination. Notice of termination may also be given electronically to firstname.lastname@example.org, provided that the sender can be unambiguously assigned.
6.8 If a contractual relationship with a Customer is extended beyond the initial term, Living Internet shall thereupon be entitled to mention the Customer’s name and logo as a reference. Living Internet shall again separately inform the Customer of this circumstance before naming the Customer as a reference for the first time. The Customer may revoke this consent at any time (also immediately after conclusion of the contract). A simple notice, e.g. by e-mail, shall suffice.
7.1 Living Internet shall only be liable to the Customer for damage caused intentionally or by gross negligence. This shall not apply if Living Internet violates essential obligations under the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.
7.2 Living Internet shall not be liable for pecuniary loss in respect of indirect damage, in particular consequential damage caused by a defect, unforeseeable damage or atypical damage, or loss of profit in the event of slight negligence.
7.3 Any statutory strict liability of Living Internet — in particular liability under the Product Liability Act and statutory warranty liability — shall remain unaffected by the above limitations of liability. The same shall apply to Living Internet’s liability in the event of culpable injury to life, limb or health.
7.4 The limitations or exclusions of liability pursuant to sections 7.1 to 7.3. shall also apply to the personal liability of Living Internet’s employees, staff, representatives, bodies and vicarious agents.
8. Performance, billing & third parties
8.1 Living Internet shall also be entitled to render contractually owed services through third parties, in particular through companies affiliated with the Company. In this case, Living Internet shall ensure that confidentiality and data protection are guaranteed within the legally prescribed and commercially reasonable framework for the performance of the contract.
8.2 Furthermore, Living Internet shall be entitled to assign its own claims under the contracts to third parties, in particular to affiliated companies, or to authorize third parties to assert such claims in its own name.
8.3 The Customer may only offset claims of Living Internet against undisputed or legally established claims. The Customer may assert a right of retention only in cases of undisputed or legally established claims.
9. Reservation of changes of the GTC
9.1 In the event that Living Internet amends the General Terms and Conditions applicable to the contractual relationship, the respective new version shall become part of the contract at the earliest two months after receipt of a corresponding declaration if Living Internet notifies the Customer of the amendments in text form with reference to the possibility of objection and with reference to a one-month period for objection after receipt of the corresponding declaration and the Customer does not object within one month after receipt of the corresponding declaration. If an objection is made, the contract shall continue unchanged. The right of the contracting parties to terminate the contract remains unaffected by this.
10. Final provisions
10.1 The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 The place of performance for all rights and obligations arising from this contract is Frankfurt, unless otherwise specified.
10.3 If the Customer is a merchant, a legal entity under public law or a holder of special assets under public law within the meaning of Section 38 of the German Code of Civil Procedure (ZPO) or if the Customer relocates its domicile, habitual residence or registered office abroad after conclusion of the contract or if this is not known, the exclusive place of jurisdiction shall be Frankfurt.
10.4 Amendments and supplements to Living Internet contracts must be made in writing; this shall also apply to any waiver of this written form requirement. Terminations may also be made in text form (e.g. by e-mail or fax). No verbal collateral agreements have been made.
10.5 The invalidity or ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.