Terms and Conditions and Mandatory information
Wolution GmbH & Co. KG
(Stand: 21.08.2019)
A Terms and Conditions
1. Contractual partners
These Terms and Conditions govern the contractual relationship of
Wolution GmbH & Co. KG
Lochhamer Str. 31
82152 Planegg
Germany
Web: www.wolution.com
Email: [email protected]
Tel: +49 89 8890 5911
Entry in: Handelsregister
Register Number: HRA 111098
Register Court: München
Ust-ID: DE311163950
hereafter called “Wolution”, with its customers.
2. Object of the Agreement
Wolution provides the customer with the non exclusive right to use its web platform for scientific image analysis,
under the conditions of the tariff chosen by the customer. The services and tariffs of Wolution are described on the website,
unless they have been agreed upon by individual communication. Relevant for the customer is the service description on the
website at the time of contract conclusion.
3. Contract Conclusion
The contract is concluded when the customer creates a user account or orders a payed service on the Wolution website.
The customer will be asked to confirm these Terms and Conditions. The customer has the right to revoke his order within 14 days
(see Mandatory Information below for details).
4. Wolution service and performance
Wolution grants the non-exclusive right to use a web platform for the time period of this contract.
The customer can expect availability of the web platform of at least 95% over the course of a year, except for problems that are outside of the influence of Wolution.
On the web platform the customer can do image analysis and algorithm trainings. These tasks are handled by a queueing system, and the customer cannot expect that they are processed immediately. Wolution ensures that
tasks are completed within a reasonable amount of time, given the amount of data and computational requirements of the task.
Wolution provides algorithms, both static and trained, for scientific image analysis. Wolution does not warrant that its algorithms are adequate and sufficient for the data and purpose of the customer. Due to the complexity of algorithmic image analysis it is impossible to provide algorithms that work for arbitrary image data and purposes.
5. Obligations of the customer
The customer is required to provide correct and complete user data when he creates his user account.
Should this data change the customer is required to update it immediately.
The image and analysis data of the customer is stored by Wolution on its servers or its cloud storage.
Wolution cannot fully exclude loss of data. The customer is therefore required to make backups of his data on his own data storage devices,
in particular of the images he has uploaded to Wolution.
The customer needs to keep his account access data private. He is not entitled to transfer the right of use to third parties.
6. Usage fee and payment
Wolution offers several types of paid customer accounts, for which payments are required at regular time intervals (subscriptions).
Furthermore Wolution “Coins” can be bought, for which a single payment is required. These Coins can be used to
buy services on the Wolution web platform.
For subscriptions the customer selects the billing period himself on the Website from the choices offered by Wolution.
The first payment is due in advance, directly after the order is concluded, and after that repeated payments are due according
to the selected billing period, until the customer cancels his subscription. The customer receives an invoice via email for every due payment.
Coins can be bought on the Wolution website. After confirmation of the order the client receives an invoice via email.
Due payments have to be paid within 14 days after delivery of the invoice.
In case of delay in payment, Wolution is allowed to block the customer account. Wolution will inform the customer of the delay in
payment and its consequences in a reminder email. If the reminder email cannot be transmitted or the customer does not pay
despite the reminder, Wolution has the right to immediately block the customer account. In case of a justified blocking, the client
is not released from his contractual payment commitments.
7. Limitation of warranty
As long as the customer uses a free test account, Wolution shall only be liable for wrongful intent and gross negligence.
If the customer pays for the service, Wolution ensured the functionality and availability of its Software. Software errors (bugs) and short disruptions of the availability can however not be technically excluded. If the Software has bugs, Wolution will correct them after notification by the customer. Should the bug not be resolved after a reasonable amount of time, the customer has the right to terminate the contract immediately.
If an analysis or training fails due to a software bug, it shall be free of charge.
Otherwise, liability for damage and consequential damage due to defects is limited to wrongful intent and gross negligence.
Wolution is not liable for the correct application of its algorithms to the data (images) of the customer. The customer choses analysis and training parameters himself. This is also the case if the Wolution customer support helps with the choice of these parameters.
Wolution does not assess what is technically necessary for the customer.
Liability for data loss is limited to wrongful intent and gross negligence.
Termination of the Agreement, Deletion of account
Unless otherwise agreed upon, this contract is valid for an indefinite time period.
The customer can cancel this contract at any time via the website or by contacting Wolution directly (post, email), to the end of his current billing period. You may use our contract withdrawal form (Download Form),
but it is not obligatory.
The customer can delete his account at any time. After all due payments have been received and processed,
Wolution will delete all of the customer data.
Customer data and data privacy
Wolution informs the customer about data security and data privacy independently under the following domain:
www.wolution.com/privacy-policy
Law and Jurisdiction Clause, Severability Clause
The German substantive law shall be exclusively applicable to this agreement, with the exception of mandatory rules for consumer protection at the residence of a consumer.
For commercial customers: The place of jurisdiction for any disputes arising from and with regard to this Agreement is Munich, where Wolution is registered.
Should individual provisions be or become invalid or contestable in toto or in part, this shall not affect the applicability and validity of the other clauses set forth herein.
B Mandatory information
In addition to the Terms and Conditions, we provide the following mandatory information for customers.
Mandatory information according to the German Telemedia Act
Identity of the company:
Wolution GmbH & Co. KG
Lochhamer Str. 31
82152 Planegg
Germany
Web: www.wolution.com
Email: [email protected]
Tel: +49 89 8890 5911
Entry in: Handelsregister
Register Number: HRA 111098
Register Court: München
Ust-ID: DE311163950
The service of Wolution does not require an official accreditation.
Notice of right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
Wolution GmbH & Co. KG
Lochhamer Str. 31
82152 Planegg
Germany
Web: www.wolution.com
Email: [email protected]
Tel: +49 89 8890 5911
Entry in: Handelsregister
Register Number: HRA 111098
Register Court: München
Ust-ID: DE311163950
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You may use our contract withdrawal form (Download Form), but it is not obligatory.
If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal by e-mail without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
End of Notice of Right of withdrawal
Complaint platform and dispute settlement
The European Commission has installed a complaint platform. The link is:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
Our email address is: [email protected]
We are not attached to a national dispute settlement institution.
We are not required and not willing to participate in a dispute settlement process by a customer protection authority according to the german law “Verbraucherstreitbeilegungsgesetz (VSBG)”.