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Terms & conditions

1. Introduction

  1. Please read the terms and condition below. They describe the use of services provided by ImpactNexus. To use the services of ImpactNexus, you have to accept the terms and conditions.
  2. ImpactNexus GmbH (hereinafter “ImpactNexus”) is a company with limited liability established and located under German law. It is registered at Amtsgericht Charlottenburg (Berlin, Germany) HRB 226369 B. The current headoffice is located at ImpactNexus GmbH, c/o TU Berlin, Center for Entrepreneurship, Hardenbergstr. 38, 10623 Berlin
  3. ImpactNexus offers support for the assessment, measurement, and management of impact and Environmental, Social & Government (ESG) performance for new ventures and their supporters. This helps individual ventures (hereinafter “Ventures”) and portfolio managers – like investors, accelerators, incubators, and venture support programs -(hereinafter “Portfolio Managers”) to avoid ESG risks, maximize positive impacts and build impact ventures that are good for profits, people, and planet. ImpactNexus makes these services accessible through its website. To obtain access you need to create an Account (hereinafter “Account”)
  4. If you comply fully with all of the terms and conditions, ImpactNexus grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable right to use ImpactNexus services through its website.
  5. ImpactNexus may modify or amend the terms and conditions at any time. The most current version can be found on the Website. Continued use of ImpactNexus after any such change shall be deemed to be acceptance of the changes.
  6. Amendments or modifications to these terms and conditions are only valid if they are confirmed in writing by ImpactNexus.

2. Service provision

  1. To the best of its ability, ImpactNexus will make efforts to provide its services with due care. In doing so, ImpactNexus has the right to use subcontractors or third party licensors.
  2. Any use of ImpactNexus is at your own risk and responsibility. You agree to use the website and its content with the features currently available to you. ImpactNexus may make changes at any time without notice and without being liable to you in any way. For example, ImpactNexus may make process changes, implement other technical features, improve content, or discontinue, limit, or terminate (temporarily or permanently) ImpactNexus’s services or your account. ImpactNexus will notify you of temporary unavailability or usage restrictions to the extent reasonably possible.

3. Accounts

  1. In order to access the ImpactNexus services, you must create an account after registering on the ImpactNexus website. You warrant that all information you provide to ImpactNexus during registration and while using the ImpactNexus services is accurate, complete and current. In addition, you warrant that you are 18 years of age or older and are legally authorized to create this account.
  2. Upon account registration, you will receive and/or create login information and a password for your account. You are responsible for keeping this information confidential. If you discover or suspect that this information is no longer private and/or is being misused, you must notify ImpactNexus immediately and take all necessary steps to prevent unauthorized access. ImpactNexus is not liable for any loss or damage caused by unauthorized access or use.

4. Subscriptions

  1. In order to access the paid services of ImpactNexus through your account, you must have a valid subscription to the respective services.
  2. If the subscription ends, for whatever reason, the rights to access and/or use such services will automatically terminate. However, you may access results in a view-only mode for a limited period of time at the discretion of ImpactNexus.
  3. You are not permitted to create more than one account for an natural person or legal entity and grant access to the account to another natural person or legal entity.
  4. You may not resell, distribute, or otherwise exploit for profit any ImpactNexus services, concepts, or content that may be accessed through the account. Exceptions to this require the written consent of ImpactNexus.

5. Payment

  1. If the payment of premium accounts or other services of ImpactNexus is agreed, the invoice amount is to be paid in Euro. The agreed prices do not include any taxes, duties or levies imposed by tax authorities.
  2. ImpactNexus is entitled to change its pricing structure at any time without becoming liable to the customers. Users with a renewed subscription will be notified of any price changes relevant to them. If they do not agree with the price changes, they may cancel their account in writing within thirty (30) days of notification. Cancellation will be effective on the date the price adjustment would have come into effect.
  3. If customers do not make their payments in full and on time, ImpactNexus has the right to immediately suspend access to the services in question.
  4. Complaints regarding ImpactNexus or the invoice will not suspend your payment obligation.
  5. Booked ImpactNexus subscriptions are provided on a non-refundable basis. Unless otherwise expressly agreed, there are no refunds or credits for adjustments to the booked subscription (e.g. shorter usage period or use of a lower number of services).

6. Intellectual Property Rights

  1. The Intellectual property rights (hereinafter “IP rights”) of ImpactNexus are held by ImpactNexus or its licensors. IP rights include, but they are not limited to the services and concepts developed by ImpactNexus, copyrights, database rights and tradename rights. These IP rights remain with ImpactNexus.
  2. You retain all IP rights to the content you provide directly to ImpactNexus. However, by making available or uploading content to ImpactNexus you automatically grant ImpactNexus a cost-free, worldwide, sub-licensable and transferrable right to use them. An exception to this is content that you declare as “confidential”. This content will only be used for the respective service requested by the venture.
  3. You warrant that you hold all the rights relating to the content you make available or upload and fully indemnify ImpactNexus of any infringement claims related to it.
  4. By using ImpactNexus services you will enter data to into the system that allow us to provide assessments, measurement and monitoring of the impact & ESG (Environmental, Social & Governance) performance of individual ventures and portfolios of ventures (hereinafter “Impact & ESG Reports”):
    1. ImpactNexus holds the copyright and publishing right for the individual Impact & ESG Reports in a pseudonymized or aggregated form. However, ImpactNexus may only share the non-pseudonymized data with external parties with the consent of the respective Ventures.
    2. Ventures and Portfolio Managers may freely use and share their Impact & ESG Reports with external parties through shareable links, print-outs, data exports or screenshots as long as it is clearly attributed to ImpactNexus and related uses do not violate these terms and conditions.
    3. Ventures can grant Portfolio Managers full access to their Impact & ESG Reports and all content they share with ImpactNexus through the ImpactNexus website. This allows Portfolio Managers to manage and monitor the performance of the respective Ventures with the ImpactNexus website. Each Venture has to accept the sharing.
    4. You agree that you will not use the Impact & ESG Reports or ImpactNexus’ Intellectual Property to compete with ImpactNexus in any way or by redistributing the Impact & ESG Reports for commercial use.
    5. Any technique or methodology (such as report templates and survey questions) ImpactNexus uses to provide the Services is ImpactNexus’ sole and exclusive IP right.
  5. You may not reproduce or decompile to the services, concepts and data provided by ImpactNexus. Also the removal or circumvention of security measures and technical limitations for the access of ImpactNexus content is not allowed.

7. Termination of accounts

  1. Your Account is for an indefinite period of time. You can terminate your Account in written form at any time. You must give thirty (30) days notice of your intent to terminate.
  2. In the event the Account is terminated you will not receive any refunds as a result of termination.
  3. Upon termination of the Account, ImpactNexus may delete the saved content and it has no obligation to restore the content or assist in any data conversion.
  4. ImpactNexus may, without prior notice and without becoming liable to you, terminate your Account with immediate effect if you do not fulfil your payment obligations or violate the terms and conditions in any way.

8. Liability

  1. ImpactNexus shall not be liable for any damages arising from any attributable failure of performance of the ImpactNexus website and/or due to any unlawful act or otherwise to the extent permitted by mandatory law.
  2. If ImpactNexus is liable for any damages, for any reason, ImpactNexus will only be liable for the direct damages you suffered up to an amount not to exceed the amount of your payments to ImpactNexus in the three months preceding the event that caused the damages.
  3. Any liability of ImpactNexus for indirect damages, including but not limited to consequential damages, loss and/or damage of data, lost profits and lost revenues, lost savings, diminished goodwill, damages due to business interruption and damages as a result of third party claims is excluded.
  4. The restrictions mentioned in the previous paragraphs of this article shall not apply if and insofar as the damage is due to intent or deliberate negligence of ImpactNexus or its responsible persons (“own actions”).
  5. A claim for damages exists only if you inform ImpactNexus about the damage immediately after its occurrence in writing. A claim for damages against ImpactNexus expires already with the expiration of one (1) month after the claim arose.
  6. ImpactNexus is released from all contractual obligations and liability (e.g. for damages) if the performance of ImpactNexus is prevented or impaired by force majeure or force majeure of ImpactNexus’s subcontractor.

9. Warranties and Indemnifications

  1. The list of warranties and indemnities in this article is not exhaustive.
  2. ImpactNexus does not guarantee:
    1. That ImpactNexus will be available to you at all times and without interruption or interference
    2. The suitability of ImpactNexus for a particular purpose or that ImpactNexus will meet your requirements
    3. That the results of ImpactNexus will be accurate, current or complete
    4. That ImpactNexus will not infringe the (IP) rights of you or third parties
  3. ImpactNexus is not responsible for:
    1. The purchase and/or proper functioning of your infrastructure
    2. The loss, damage, inaccuracy and/or incompleteness of any content
    3. The way in which the services and results of ImpactNexus are used
    4. Transmission errors, malfunctions or unavailability of computer, data or telecommunications facilities, including the Internet
    5. The making of backups of any content
    6. The administration, including the verification of settings, for the use of ImpactNexus
    7. Any unauthorized use or attempted use of ImpactNexus
  4. You warrant that you will not use the services and content of ImpactNexus in a manner that:
    1. Infringes ImpactNexus’s or any third party’s rights, including but not limited to IP rights or rights related to privacy;
    2. Violates any applicable law or regulation
    3. Violates any provision in these terms and conditions.
  5. You warrant that if you register an account on behalf of a company or other legal entity, you have the authority to bind that company, its affiliates, and all users who access ImpactNexus through your account to these terms and conditions. You indemnify ImpactNexus for all damages and costs resulting from any unauthorized registration.
  6. You indemnify ImpactNexus for all damages and costs, including ” but not limited to” damages resulting from (alleged) infringement of IP rights, statutory commercial interest, third party claims, collection costs, lost profits, penalties incurred and attorneys’ fees, incurred by ImpactNexus or resulting from any attributable breach by you of the terms and conditions, any use by you of ImpactNexus, or any unlawful act.

10. Miscellaneous

  1. ImpactNexus may transfer rights and obligations arising from these terms and conditions to third parties without notifying you of this. You are not permitted to transfer to third parties any right derived from an Account without the prior written consent of ImpactNexus.
  2. These terms and conditions and the use of ImpactNexus services are governed by German law.
  3. If national or international rules of law do not prescribe otherwise, any disputes that arise or are related to agreements concluded subject to these terms and conditions, or arising therefrom, will solely be submitted to the competent court in Berlin, Germany.