(1) These Terms of Use apply to all agreements regarding the use of the SaaS platform PredSight, operated by Rezolva UG (haftungsbeschränkt) (hereinafter Provider).
(2) The offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers are excluded.
(3) Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless their validity has been expressly agreed in writing.
(4) In the event of individual agreements or enterprise contracts, those shall take precedence over these Terms of Use.
(1) The Provider makes the web-based platform PredSight available to the customer as software-as-a-service (SaaS).
(2) PredSight enables companies to run internal forecasting and assessment formats to leverage collective employee assessments.
(3) The specific scope of functions depends on the selected pricing tier.
(4) The Provider does not owe any specific economic success.
(5) The platform presents aggregated assessments. No guarantee is given for correctness, completeness, or forecast quality.
(6) Use of the platform does not replace business, legal, or other professional advice.
(7) This is expressly not a gambling or betting offer.
(1) Registration is carried out by a duly authorized representative of the customer.
(2) The customer is responsible for all actions performed by its users.
(3) Access credentials must be kept confidential.
(4) The customer is solely responsible for internal rights and role assignments.
(1) The contract may be concluded on a monthly or annual basis.
(2) The minimum term corresponds to the selected billing cycle.
(3) The contract automatically renews for the selected term unless terminated no later than the end of the current term.
(4) Terminations can be made via the platform.
(1) Remuneration is based on the selected plan.
(2) All prices are exclusive of statutory VAT.
(3) Billing is carried out in advance at the beginning of each billing period.
(4) Payment processing is carried out via Stripe or a comparable payment service provider.
(5) In case of payment default, the Provider is entitled to temporarily suspend access.
(1) An upgrade is possible at any time.
(2) The upgrade becomes effective immediately.
(3) The difference to the previous tier is charged pro rata for the remaining billing period.
(4) The existing contract term remains unchanged.
(1) A downgrade becomes effective at the end of the current billing period.
(2) No pro rata refund of already paid amounts will be made.
(1) A change of billing cycle becomes effective at the end of the current billing period.
(2) No pro rata refund of already paid amounts will be made.
(1) The Provider may grant a free trial period.
(2) The trial period ends automatically without automatic conversion into a paid subscription.
(3) If a paid plan is activated during the trial period, the trial period ends upon activation of the paid plan.
(1) The Provider strives for high availability of the platform.
(2) A specific availability is not guaranteed unless agreed separately.
(3) Maintenance work may be carried out.
(4) The Provider is not liable for outages caused by force majeure or third-party providers.
The customer undertakes to:
(1) If personal data is processed, this is done on the basis of a separate data processing agreement (DPA).
(2) Hosting is carried out within the European Union.
(3) The Provider is entitled to engage subcontractors.
(1) Access to the platform ends upon expiry of the contract term.
(2) The customer may export its data within 30 days after contract end.
(3) After this period, the data will be deleted.
(4) Backups are overwritten in the regular cycle.
(1) The Provider has unlimited liability in cases of intent, gross negligence, and injury to life, body, or health.
(2) In the event of slightly negligent breach of essential contractual obligations, liability is limited to the typically foreseeable damage.
(3) Total liability is limited to the remuneration paid by the customer in the twelve months preceding the damage-causing event, capped at EUR 250,000.
(4) Liability for lost profits, indirect damages, or consequential damages is excluded.
(5) The Provider is not liable for business decisions made on the basis of content or forecasts provided by the platform.
In events of force majeure, the Provider is released from its performance obligations for the duration and scope of the effects.
The Provider is entitled to amend these Terms of Use if there is an objective reason. The customer will be informed in due time.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Place of jurisdiction, where legally permissible, is the Providers registered office.
(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.