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Supplementary General Terms and Conditions for Software as a Service
DataQ Intelligence is hereinafter referred to as “provider”
1.1. The provider provides the contractual services, in particular access to the software, in his area of disposal from the computer center interface to the Internet. The scope of services, the condition, the intended use and the conditions of use of the contractual services (hereinafter referred to as “product”) result from the respective service description, in addition from the operating instructions for the software.
1.2. Additional services, such as the development of customized solutions or necessary adjustments, require a separate contract.
1.3. The provider can provide updated versions of the product.
1.4. The provider will inform the customer about updated versions and corresponding usage instructions electronically and make them available accordingly.
2. Scope of use
2.1. The product may only be used by the customer and only for the purposes agreed in the contract. During the term of the contract, the customer may access the product via telecommunications (via the Internet) and use the functionalities associated with the product using a browser or another suitable application (e.g. “app”) in accordance with the contract. The customer does not receive any further rights, in particular to the product or any infrastructure services provided in the respective data center. Any further use requires the prior written consent of the provider.
2.2. In particular, the customer may not use the product beyond the agreed scope of use or allow it to be used by third parties or make it accessible to third parties. In particular, the customer is not permitted to reproduce, sell or lend, rent or lease software or parts thereof for a limited period of time.
2.3. The provider is entitled to take appropriate technical measures to protect against non-contractual use. The use of the services in accordance with the contract may not be impaired by this more than insignificantly.
2.4. In the event that the scope of use is exceeded by a user in breach of the contract or in the event of an unauthorized transfer of use, the customer must immediately provide the provider with all information available to him to assert claims due to the use contrary to the contract, in particular the name and address of the user.
2.5. The provider can revoke the customer’s access authorization and / or terminate the contract if the customer significantly exceeds the permitted use or violates regulations on protection against unauthorized use. In connection with this, the provider can interrupt or block access to the contractual services. The provider has to give the customer a reasonable grace period for remedial action beforehand. The sole revocation of the access authorization does not at the same time constitute a termination of the contract. The provider can only maintain the revocation of access authorization without notice for a reasonable period of time, a maximum of 3 months.
2.6. The provider’s entitlement to remuneration for usage beyond the agreed usage remains unaffected.
2.7. The customer has the right to be granted access authorization and the possibility of access again, after he has proven that he has stopped the use that is contrary to the contract and has prevented future use that is contrary to the contract.
3. Availability, inadequate performance or lack of performance
3.1. The availability of the product results from the description of services.
3.2. If the suitability of the services for the contractual use is only insignificant, the customer shall not have any claims for defects. The supplier’s no-fault liability for defects that already existed at the time the contract was concluded is excluded.
3.3. The customer remains the person responsible both generally in the contractual relationship and in terms of data protection law. If the customer processes personal data (including collection and use) in connection with the contract, he is responsible for ensuring that he is entitled to do so in accordance with the applicable provisions, in particular data protection law, and releases the provider from third-party claims in the event of a breach.
3.4. The following applies to the relationship between provider and customer: The customer is responsible for the processing (including collection and use) of personal data for the data subject, unless the provider is responsible for any claims made by the data subject due to a breach of duty attributable to him. The customer will be responsible for checking, processing and answering any inquiries, requests and claims of the data subject. This also applies if the person concerned makes use of the provider. The provider will support the customer as part of his duties.
4. Obligations of the customer
4.1. The customer must protect the access authorizations assigned to him or the users as well as identification and authentication information against access by third parties and not pass them on to unauthorized persons.
4.2. The customer is obliged to exempt the provider from all third-party claims based on legal violations that are based on an illegal use of the subject matter of the service by him or with his approval. If the customer recognizes or has to recognize that such a violation is imminent, it is his obligation to inform the provider immediately.
4.3. The customer must use the options provided by the provider to secure his data in his original area of responsibility.
4.4. The product can contain client-side software components, each of which must be compatible with the server component of the product. If the server component of the product is provided and updated centrally in a data center by the provider, the provider also provides the customer with the appropriate clients for the product. The customer is obliged to use the clients provided for the product so that compatibility can be ensured.
5. Use contrary to contract, compensation for damages
5.1. For each case in which a contractual service is used without authorization in the customer’s area of responsibility, the customer has to pay compensation in the amount of the remuneration that would have been incurred for the contractual use within the framework of the minimum contract period applicable to this service. The customer reserves the right to prove that the customer is not responsible for the unauthorized use or that there is no or significantly less damage. The provider remains entitled to claim further damage.
6. Incident management
6.1. The provider will receive fault reports from the customer by phone during normal business hours or by email to email@example.com, each given an identifier, assign the agreed fault categories and, based on this assignment, carry out the agreed measures for the analysis and rectification of faults. At the customer’s request, the provider will confirm receipt of a malfunction report, stating the identifier assigned.
6.2. Unless otherwise agreed, the provider will assign received fault reports to one of the following categories after first viewing:
6.2.1. The disorder is based on a fault in the product that makes it impossible to use the product or allows it to be used only with severe restrictions. The customer cannot work around this problem in a reasonable way and therefore cannot carry out tasks that cannot be postponed.
6.2.2. The disruption is based on a defect in the product that more than insignificantly restricts the use of the product by the customer without a serious disruption being present.
6.2.3. Fault reports that do not fall into categories 6.2.1 and 6.2.2 are assigned to the other reports. This also includes faults that can be traced back to improper operation. Other reports will only be dealt with by the provider in accordance with the agreements made in accordance with section 6.4.
6.3. In the event of malfunction reports in accordance with sections 6.2.1 and 6.2.2, the provider will take appropriate measures based on the circumstances reported by the customer in order to first localize the cause of the malfunction. The provider will then initiate appropriate measures for further analysis and rectification of the reported malfunction or – in the case of third-party software – transmit the malfunction report together with its analysis results to the distributor or manufacturer of the additional product with a request for remedial action.
6.4. If the reported fault does not turn out to be a fault in the product after the first analysis, or if it is a report according to section 6.2.3, the provider will notify the customer of this immediately and offer him support as far as possible, which may be subject to a charge.
6.5. The provider can remedy faults either by programming the fault, by delivering or importing a new – corrected – program version or through a suitable alternative solution. Depending on the error situation, this can be done by sending a patch, remote support with suitable remote maintenance software (6.5.1.) or by using an employee on site. In the case of agreed hardware as a product, this can also be a device replacement (6.5.2.).
6.5.1. In order for access via remote maintenance software (e.g. TeamViewer) to be possible, the customer must have internet access and the necessary rights to use the remote maintenance software. Remote maintenance is optional and is not a mandatory requirement for this contract.
6.5.2. If the contract-relevant product is hardware, it will be replaced by an equivalent replacement device in the event of a necessary repair and sent to the customer. The exchange service only applies to devices listed in the contract (usually with proof of the serial number). Devices that are more than four years old are excluded from the exchange service. The delivery of the defective device to the provider is not included in the exchange service.
6.6. The provider will immediately provide the customer with existing measures to circumvent or correct a fault in the product, such as instructions for action or corrections to the product. The customer will immediately take such measures to bypass or rectify disruptions and will immediately report any remaining disruptions to the provider again.
6.7. Fault/ Incident management does not include any services that are related to the use of the product in non-approved environments, changes to the product by the customer or third parties, or requirements that do not correspond to the product description.
7. Release of new versions
7.1. The provider leaves certain new versions of the product to the customer in order to keep them up to date and to prevent malfunctions. These are updates of the product with technical modifications, improvements, smaller functional extensions as well as patches or bug fixes with corrections to the product or other workarounds for possible malfunctions.
7.2. The provider can also provide upgrades for the product. An upgrade is a new release of the software that may contain patches, previous updates and / or new technologies and / or significant product enhancements. The provider provides the customer with upgrades to the product, unless it basically contains new technology components. In these cases, the provider will make the customer an offer tailored to his needs for the purchase of these innovations. These new versions of the product (7.1. And 7.2.) Are collectively referred to as “New Versions”.
7.3. The product can contain client-side software components, each of which must be compatible with the server component of the product. If the server component of the product is provided and updated centrally in a data center by the provider, the provider also provides the customer with the appropriate clients for the product. The customer is obliged to use the clients provided for the product so that compatibility can be ensured.
7.4. In the case of upgrades, which in principle also serve to improve the product, for technical development reasons it cannot be guaranteed that data from the old program version can be transferred automatically or at all to the new program version. In this case, there is no entitlement to the transfer of the data to the renewed system, nor a possible replacement or compensation claim.
7.5. The roll-out or the installation of updates or upgrades are not part of the maintenance services, unless expressly agreed. This also applies to 7.3 in relation to the provided clients.
7.6. Updates or upgrades of the underlying system software are also not part of the maintenance services. Not even if this should be necessary for the use of the new versions as part of troubleshooting; these include the operating systems of the file server and the workstations, the graphic user interface, the word processing as well as the exchange of hardware components and other software not expressly defined in this service contract.
8.1. Contact point is DataQ Intelligence (in Gründung), Universität Bayreuth, Gebäude B9.29, Universitätsstraße 30, 95447 Bayreuth.
9. Contract duration and termination
9.1. The contractually agreed services are provided from the date specified in the contract, initially for a period of 12 months, unless otherwise agreed. Ordinary early termination on both sides is excluded during this minimum term.
9.2. After the minimum term has expired, the contract can be terminated in writing with a notice period of 3 months to the end of a contract year. If a timely termination is not given, the contract is extended by 12 months.
9.3. The right of each contractual partner to extraordinary termination for good cause remains unaffected.9.4. Kündigungserklärungen sind nur schriftlich wirksam.
9.5. The customer will be responsible for backing up his data in good time before the end of the contract (e.g. by downloading). Upon request, the provider will support the customer. After termination of the contract, the customer will no longer be able to access these databases for reasons of data protection law.
10.1. Insofar as the provider can access personal data of the customer or from his area, he acts exclusively as a processor and processes and use this data only for the execution of the contract. For this, the data protection guidelines must be observed.
11. Further information
11.1. The provider can provide the service through third parties.
Status: June 2021
The DataQ Intelligence / Datentuev project was funded as part of the EXIST program by the Federal Ministry for Economic Affairs and Energy and the European Social Fund from March 2021 until June 2022. It is the aim of the European Union that all people have professional prospects. The European Social Fund (ESF) improves employment opportunities, supports people with training and qualifications and helps to reduce disadvantages in the labor market. More about the ESF at: www.esf.de.