General Terms and Conditions
I. Scope of Application
The following general terms and conditions apply to all contracts between the AtomLeap GmbH (hereinafter “AtomLeap”), Oranienstraße 183, 10999 Berlin (email: firstname.lastname@example.org), Local Court Berlin-Charlottenburg, HRB 169107, represented by the managing director Dr. Robin Tech, and its contractual partners (hereinafter referred to as the “Client”) about the provision of the AtomLeap Executive Briefings. Conflicting or deviating terms and conditions of the Clients will not be accepted. Even if AtomLeap does not explicitly contradict in each individual case, terms and conditions of the Client are not accepted. The contractual partner of AtomLeap is always the Client. If the Client is entitled under the terms of the contract to make the contents available to third parties (e.g., in the context of his or her activities as information broker), the Client shall always remain solely responsible to AtomLeap for compliance with the agreed scope of use also by his clients.
II. Subject Matter
The AtomLeap Executive Briefing is a service for business customers and includes a compact analysis on various predefined topics. Each report contains a macro and micro analysis as well as graphics and data.
The contract is concluded upon confirmation of the AtomLeap offer by the customer. Confirmation is given in writing or by e-mail.
AtomLeap delivers the research results by sending a link to a downloadable PDF file.
III. Obligations of the Client
The Client is liable for all infringements of third party rights resulting from the use of the research results, in particular copyrights, trademark rights and property rights.
If the research results are ordered on behalf of a third party, they will be immediately deleted by the client after being passed on to the third party.
The client must also expressly point out and oblige his clients to comply with the respective contractually agreed right of use in order to rule out any misuse of the research results.
Copyright marks, author’s notes and other notes must be displayed unchanged. Furthermore, the sources (e.g. “AtomLeap Intelligence”) must be cited.
The client is prohibited from using the research results in a way that distorts the meaning or that is known or that the client knows or must assume that it has a politically or religiously extreme and/or violence glorifying, pornographic and/or otherwise morally offensive orientation.
IV. Rights of use
By paying the agreed price, the client acquires the non-exclusive right to use the research results for his own use. All further rights remain with AtomLeap.
In particular, the right of use granted does not permit further exploitation through acts of reproduction and dissemination or making publicly available, unless otherwise expressly agreed with AtomLeap in writing. Permitted acts of reproduction are temporary reproduction, which is transient, accompanying and necessary for the fulfilment of the purpose of the contract, as well as the printing of the research results. A right to reprint or a right to permanent storage is not associated with this. In particular, the client is not entitled to use the research results to set up a database system, an electronic archive or press review.
The client is not permitted to make the research results or reproductions of these accessible to third parties or to pass them on to third parties unless the disclosure or passing on of the research results or reproductions of these to third parties has been contractually agreed with AtomLeap or the client acts on behalf of a third party. In such cases, the limitations of the right of use granted shall apply accordingly to the third parties.
V. Intellectual Property
All Intellectual Property Rights in and to the contents and design of the website, the research results and the Executive Briefings, and all materials hosted on the website and/or distributed in conjunction with the website, are reserved exclusively to the Publishers (which for these purposes may include their suppliers). The Client is not permitted to use or reproduce or allow (for any reason) a third party to use or reproduce any trade marks or other trade names appearing on the website or in the Executive Briefings. The software which operates the website is proprietary software and the Client is not permitted to use it except as expressly allowed under the terms of this Agreement. Such software may not be copied, reverse engineered, modified or otherwise dealt with by the Client.
VI. Costs and terms of payments
The prices agreed between the customer and AtomLeap at the time the contract is concluded shall apply. The prices for the order are shown in our service. They include the current statutory value-added tax.
The payment is made either by credit card or via Paypal. If your credit card details are provided, they will be transmitted directly to the payment service provider engaged by us via an encrypted connection. Our payment service provider then authenticates your means of payment by reserving an amount of EUR 0.50 on your account. This ensures that your means of payment is active. We engage two payment service providers to ensure the payment method we offer is available in the event of one of them being obstructed. Both payment service providers are PCI DSS certified (Payment Card Industry Data Security Standard). Only the first six and last four digits of your credit card are transmitted to us for security reasons and we store them for the purposes of identification and verification.
You agree to pay your amount on a rolling annual basis. Recurring amounts cannot be changed without cancellation. You must provide us with complete and accurate payment information at the time you agree to pay a recurring monthly amount.
AtomLeap processes payments through external payment service providers. This includes Stripe Payments Europe, Ltd., a company incorporated in Ireland and with offices at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin (hereinafter referred to as “Stripe”) as well as PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349). The Client agrees that AtomLeap may only accept payments through these Service Providers or that such Service Providers may debit the respective amounts.
Payments are subject to the Stripe Terms and Conditions which are accessible at https://stripe.com/de/legal, to which AtomLeap assigns his payment claim and to the PayPal Terms and Conditions which are accessible at https://www.paypal.com/ie/webapps/mpp/ua/useragreement-full.
A sef-off of mutual claims is excluded.
VII. Right to withdraw, refunds, and cancellation
You have the right to cancel your subscription without giving any reason by informing our customer service using the contact details in Section I. above by the end of 14 days after the day on which you downloaded the first issue of an Executive Briefing. Any refunds will be made to the account or credit card from which the subscription fees are charged; in any event you will not incur any fees as a result of the reimbursement.
You have the right to cancel your subscription at the end of a calendar year. We may cancel your subscription immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions, including if we do not receive a payment when due from you, or, in the case of a print delivery subscription if you change your address for delivery that is outside the European Union. We will make all reasonable efforts to contact you, before your subscription is cancelled.
You may notify us of your wish to cancel your subscription by contacting us using the contact details in Section I.
VIII. Warranty and liability
AtomLeap does not guarantee that the research results provided are correct, complete or suitable for a specific purpose. In this respect, any liability of AtomLeap is excluded.
AtomLeap shall not be liable for such damages and/or legal defense costs incurred by the client and/or other users of the research results if third parties assert claims under competition, press or copyright law or property rights exclusively against the client and/or other users of the research results. As far as AtomLeap, the customer and/or the other users are claimed alone, together or side by side, in particular, but not only, under competition, press or copyright law, each of them shall bear his own damage (share) and/or his own legal defense costs (share).
AtomLeap shall be liable for all other damages, regardless of the cause, without limitation in the event of intent or gross negligence on the part of AtomLeap, its legal representatives, employees or other vicarious agents. This applies accordingly in the event of breach of pre-contractual or sub-contractual obligations, tort, damage caused by a defect or consequential damage caused by a defect as well as default and impossibility.
In case of slight negligence, the AtomLeap shall only be liable insofar as essential contractual obligations, i.e. obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (“cardinal obligations”) are violated and only insofar as the damage was foreseeable. In these cases, liability is limited to EUR 10,000 per claim.
The exclusions and limitations of liability listed above shall not apply in the event of damage due to the absence of warranties given, in the event of liability under the Product Liability Act or in the event of damage resulting from injury to life, limb or health.
The aforementioned exclusions and limitations of liability apply equally to claims of the customer and/or other users against the legal representatives of AtomLeap as well as their executive employees and other vicarious agents.
AtomLeap and the customer agree on confidentiality with regard to information on the contractual relationship and content of the contract. This obligation shall also extend beyond the end of the contract.
The Client assures and warrants that all data provided by him is true and complete. The Client undertakes to inform AtomLeap immediately of any changes to his contractual data (email: email@example.com). Changes in the delivery address must be communicated at least four weeks in advance. The customer agrees that postal service providers (e.g. Deutsche Post AG) may notify AtomLeap of any changes of address by the customer. In particular, AtomLeap accepts no liability for missing or delayed deliveries due to non-transmission of changed delivery addresses.
X. Miscellaneous provisions
The use of the contents is governed exclusively on the basis of these Terms and Conditions.
AtomLeap reserves the right to discontinue or modify all or part of the services offered at any time.AtomLeap reserves the right to discontinue or modify all or part of the services offered at any time.
Special agreements shall only apply if confirmed in writing by AtomLeap. Oral collateral agreements do not exist.
The contract concluded with the customer is exclusively subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of AtomLeap.
The use of the contents is governed exclusively on the basis of these Terms and Conditions.
Should any clause of this contract be invalid, this shall not affect the validity of the remaining clauses. Ineffective provisions shall be replaced by such provisions that come as close as possible to the economic meaning intended by the ineffective provision. The same applies to any gaps in the text of the contract.
Please note that we do not participate in dispute resolution proceedings before a consumer dispute arbitration body.