Scope of Application These General Terms and Conditions (GTC) apply to all contracts between the customer and Thinkerex regarding the use of AI-powered online tools for optimizing online marketing and social media content.
Services of Thinkerex Thinkerex provides the customer with access to its online tools (thinkerex.apps®), which are based on artificial intelligence and are designed to optimize online marketing and social media content. The exact services and functionalities of the online tools are described in detail in the product descriptions on the Thinkerex website.
Conclusion of Contract The contract between the customer and Thinkerex is concluded by the customer's use of the online tools of Thinkerex and/or by placing an order on the Thinkerex website. By using the online tools or placing an order, the customer accepts these GTC.
Access and use of the online tools The customer is granted access to the online tools by Thinkerex for the duration of the contract term. The access is personal and non-transferable. The customer is obligated to use the online tools only for lawful purposes and in accordance with applicable laws and regulations. The customer is solely responsible for the content he/she creates or uploads using the online tools.
Prices and payment terms The prices for the use of the online tools of Thinkerex are indicated on the Thinkerex website. All prices are exclusive of the respective applicable statutory value-added tax. The customer is obligated to pay the agreed prices in accordance with the payment terms on the Thinkerex website. Thinkerex reserves the right to change the prices at any time.
Warranty and liability Thinkerex endeavors to ensure smooth operation of the online tools. However, no warranty can be given for error-free and uninterrupted availability of the online tools. Thinkerex is not liable for damages incurred by the customer through the use of the online tools, unless such damages are caused intentionally or through gross negligence by Thinkerex.
Intellectual Property All rights to the online tools of Thinkerex, including copyrights, trademarks, and other intellectual property rights, remain with Thinkerex. The customer is granted only a simple, non-transferable right to use the online tools for the duration of the contract term.
Confidentiality The parties undertake to treat as confidential all confidential information they receive in the course of contract performance and not to disclose it to third parties, unless required for the fulfillment of the contract or required by law.
Termination The contract term for the use of the online tools is specified in the product descriptions on the Thinkerex website or as agreed upon with the customer. Either party may terminate the contract for cause with immediate effect if the other party materially breaches its obligations under the contract.
Governing law and jurisdiction These GTC and the contractual relationship between the customer and Thinkerex are governed by and construed in accordance with the laws of the jurisdiction in which Thinkerex is based. Any disputes arising out of or in connection with these GTC or the contractual relationship between the customer and Thinkerex shall be exclusively resolved by the competent courts of the jurisdiction in which Thinkerex is based.
Miscellaneous Any changes or amendments to these GTC must be made in writing to be effective. If any provision of these GTC is found to be invalid or unenforceable, the remaining provisions shall remain unaffected. These GTC constitute the entire agreement between the customer and Thinkerex with respect to the subject matter hereof and supersede all prior agreements, understandings, and representations, whether oral or written.