Terms & Conditions

1. PRELIMINARY REMARK

1.1.  These terms and conditions apply for all digital data bases, applications, information, explanations and other online-services made available by TunHub GmbH (hereinafter referred to as online-services). The terms and conditions apply only to those online-services which are exclusively being used through long-distance data transmission over the internet. The settlement of the contract is carried out by the enterprise TunHub GmbH, CEO Ansgar Bittermann, Seelower Strasse 16, 10439 Berlin (hereinafter referred to as TunHub).

1.2.  These Terms and Conditions are an agreement that is legally binding between TunHub and any natural or legal person who, as a recipient of the service, uses the Service for any purpose, hereafter referred to as "the User".

1.3.  Our terms and conditions apply exclusively. We do not recognize terms and conditions, which are contrary to or in deviation to our own General Terms and Conditions unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply should we unreservedly perform services in the knowledge of the customers terms and conditions which are contrary to or in deviation to our own terms and conditions.

1.4.  These Terms and Conditions are extended by following document: Privacy and Data Protection.

 

2. DEFINITIONS

2.1.  Service

Service means any services that the TunHub provides to the User.

2.2.  User

A person using Services provided on TunHub.com.

2.3.  Group

A sub-group of users created by a Researcher or Vendor. Each Group has a corresponding access control level.

2.4.  Researcher

An employee or student of a research institute or university.

2.5.  Vendor

A person selling scientific tests and reports on tunhub.com

2.6.  Participant

A person participating in studies conducted by Researchers.

2.7.  Customer

A person buying tests and reports on tunhub.com, using tests sold on tunhub.com for the purpose of generating his or her personal individual or team reports or managing individual or team reports of others (e.g. HR Manager managing team reports of employees).

 

3. DISCLAIMER

3.1.  The Service is provided "as is" and TunHub disclaims any and all representations and warranties, whether express or implied, including;- but not limited to;- implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. TunHub does not promise any specific results, effects or outcome from the use of the Service.

3.2.  TunHub does not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete or reliable. The provider is not responsible or liable for any damage, disadvantage or disprofit, whether material or immaterial, that is caused by the usage or non-usage of the Service. This does not apply to damages, disadvantages and disprofits that are caused by the TunHub intentionally, recklessly or negligently.

3.3. TunHub reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time.

3.4. TunHub strives to assure a permanent access to the online products. In this case permanent means 24 hours a day and 365 days a year. However, the constant availability cannot be guaranteed. In particular, the access can occasionally be temporarily limited for technical reasons like necessary maintenance and repair work or other unforseeable incidents.

3.5.  No one has a right to use the Service; TunHub reserves the right to exclude certain Users.

  

4. ACCESS TO ONLINE-SERVICES IN THE SHOP

4.1.  Based on the online product, the Customer acquires either single-use license for the software or temporary licenses by conclusion of a contract. The license duration begins with the complete receipt of payment of the royalty on the account of TunHub. The duration of the right of use ends with the expiration of the contractual relationship.

4.2.  The licensing agreement comes off by the fact that the customer selects an online-product after having registered on the portal of TunHub and following the receipt of order acceptance of his selection of online-services by an e-mail from TunHub. The contractual relationship begins with the acceptance of the contract through TunHub. The customer receives the non-transferable, non-exclusive right to use the online-services as contractually specified, which is limited to the use described in particular under clause 6. All rights of use not expressly granted herein are reserved by TunHub and its partner companies and researchers as the owner of all intellectual property rights.

4.3.  The access of the user to the online-services over the internet via long-distance data transmission is password-protected. The password is sent to the user after registration. The user is obligated to keep his access data and his password secret and to protect it from abuse by third-parties. The user has to immediately inform TunHub of the loss of his access data or his password or of the suspicion of the abusive use of his data by third parties. As for the rest, TunHub is authorized to lock the users access to the online-services in case of abuse. The user is liable for any abuse.

PAYMENT

4.4.  The invoice is due and payable in full/without deduction with the invoice date. The price of the license is deducted from the account of the contracting party, if the customer wishes direct debit.

4.5.  The charged prices are gross total prices (net price plus German legal value added tax). All conditions and prices can be obtained by contacting TunHub. Both the gross total prices and the net prices are separately specified in the order process.

4.6.  The customer is entitled to restrain payments, if a right of retention is entitled to him.

NOTICE OF CANCELLATION

4.7.  The disuse of an online-product is not considered as a notice of cancellation.

4.8.  The right of extraordinary notice of termination remains untouched.

Intellectual property rights/ rights of use

4.9.  All Intellectual property rights on the online-services remain with TunHub or the vendor selling on TunHub's web shop. The rights of use will be transferred to the customer for the duration of the contract.

4.10. The customer or other electronic device acquires the right to access the online-services from any computer which is suitable for these purposes.

4.11. The customer commits himself to use the online-services only for his own purposes. Furthermore, he obligates himself not to provide access to the online-services for third parties neither free of charge nor in return for payment. A user is only allowed to access the online-services with his login-name from one computer at a time and not simultaneously from two or more computers regardless if used by the same person or different people.

4.12. In case of a multiple-license-contract the customer is entitled to access the online-services according to the contractual agreement at all times from one or more computers simultaneously with several people.

4.13. Furthermore, the customer is not allowed to copy software components, provided pictures and videos, accompanying texts as well as documentations belonging to the software by photo copying or micro filming, computational backups or by other procedures. Additionally, he is not allowed to sell or rent the software and/or the associated documentation to third parties, grant sub-licenses or provide access to the online-services to third parties in any way. The customer is not entitled to pass access data as the login-user name and login-password to third parties. The customer is not authorized to change the software and/or the associated documentation totally or partly, to modify, to adapt or decompile the software, so far it extravagates paragraph 69d number 3 and 69e of the German Law on Copyright and Neighboring Rights. The customer is also not allowed to change copyright notes, characteristics/ brand names and/or property data of the publisher at programs or documentation materials.

GUARANTEE/ LIABILITY

4.14. The online products are regularly revised and updated with the expected care. Please bear in mind when using the online-product that a changed legal situation necessitates a modification of the online-services despite all circumspection and care. If the continuation of the contract is unacceptable due to the conditions, each party can denounce the contract within 14 days.

4.15. TunHub is not guaranteeing the quality of products of its vendors and is not testing its validity. Thus each vendor is solely separately liable for damage to other software, data media, data-processing systems, to life, limb and health and cardinal obligations if caused by the employment of its online products. Furthermore, each vendor is only liable for typically arising, foreseeable damage and if the damage-caused lack of the online products has been deliberately or grossly negligently generated by factors, servants and legal assignees.

4.16. Additionally, to the limitation of liability of the proceeding sentence, the liability for gross negligence by assistants is excluded for contracts with legal entities under public law, special funds under public law and merchants unless it is a negligence of executive assistants or cardinal obligations are breached. However, the liability for gross negligence by assistants is only excluded for contracts with merchants, if the contract serves the enterprise for its commerce. Legal requirements on removal of defects and subsequent delivery - but not on compensations - remain unaffected by the managing regulations. Further requirements of any kind, particularly consequential damage and loss of profit, are excluded.

PUBLICATION

4.17. The rights owner assures that the data base is already published.

 

5. STORAGE OF INFORMATION FOR ONLINE LABORATORY

5.1.  The Service consists largely of information stored on the request of Users, especially Researchers, Participants, Vendors and Customers.

5.2.  TunHub neither previews nor automatically reviews such information. Therefore, TunHub cannot have current knowledge of; possible infringements caused by information that is stored on the request of Users. TunHub is not liable for such information.

5.3.  TunHub will, upon obtaining knowledge about or awareness of such infringement, act expeditiously to remove or disable access to such information.

5.4.  Users may only request storage of such information that they may legally store and publish. Users must not request to store any information that infringes any third party's copyright, trademarks, other intellectual property rights or any other rights.

5.5.  Users indemnify TunHub from any claims raised by third parties in reference to any information that is stored on request of the respective User. The indemnification covers all adequate expenditures, including court and lawyer fees.

5.6.  TunHub will notify the respective Researcher and Vendor upon obtaining knowledge abour or awareness of any data breach or irregularities regarding data protection regularities.

5.7.  Each Researcher and/ or Vendor is responsible to follow:

- the OECD -  Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (http://www.oecd.org/sti/ieconomy/oecdguidelinesontheprotectionof privacyandtransborderflowsofpersonaldata.htm),

- the German Data Protection Act and

- the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:31995L0046).

A Researcher and/ or Vendor is only allowed to not follow the OCED Guidelines or German Data Protection Act, if he or she follows guidelines with extend the scope of the above mentioned guidelines.

5.8.  According to § 4g Abs. 2 S. 2 German Data Protection Act, each Researcher or Vendor needs to create a procedural directory (Jedermannverzeichnis) himself when using TunHub and storing and processing data of Participants in TunHub.

  

6. NOTICE AND TAKE DOWN OF DATA FROM ONLINE LABORATORY

6.1.  If a User feels that any information provided within the Service infringes his/her or any third party's rights, he or she shall notify TunHub before taking any legal action. If the infringement is related to a specific Researcher, TunHub will notify the Researcher.

6.2.  Upon such notification, TunHub will expeditiously check the objectionable information and will, where necessary, remove or disable access to this information ("notice and take down" process).

6.3.  TunHub will respond to any such notification within three business days.

6.4.  Users shall not take any legal action before TunHub has dismissed the notification or three business days have elapsed without response.

6.5.  TunHub disclaims liability for expenditures, including court and lawyer fees, if legal action is taken earlier, unless TunHub has caused the infringement intentionally, recklessly or negligently.

6.6.  Each Researcher and Vendor corrects wrongfully saved data within his studies/ reports himself or deletes them if the saving of the data was not allowed.

6.7.  The deletion of data can be replaced by a barring for the case that a deletion would contradict legal or contractual record retention or if a deletion is disproportionally expensive or time consuming. §20 and §35 of Federal Data Protection Act apply.

6.8.  If a Participant or Customer objects the saving of personal data, the Researcher or Vendor will immediately delete the data of that Customer or Participant.

 

7. MISUSE OF THE SERVICE WITHIN ONLINE LABORATORY

7.1.  Users must not misuse the Service. Misuse of the Service includes, without limitation:

7.1.1. Unethical and unlawful behavior violating:

- the Human Subject and Privacy policies set by the OECD -  Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (http://www.oecd.org/sti/ieconomy/oecdguidelinesontheprotectionof privacyandtransborderflowsofpersonaldata.htm),

- the German Data Protection Act or

- the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:31995L0046).

7.1.2.         Selling personal data acquired through conducted experiments;

7.1.3.         Passing on of personal data of Participants or Customers to third parties without written consent of Participants or Customers.

7.1.4.        insults to other Users;

7.1.5.        automated or massive manual retrieval of other Users' profile data ("data harvesting");

7.1.6.        advertising for commercial products or services of all kinds;

7.1.7.        unsolicited job offers and business proposals;

7.1.8.        all kinds of technical attacks on the servers.

7.1.9.        All aforementioned behaviors in this article are strictly forbidden.

8. USAGE OF INFORMATION WITHIN ONLINE LABORATORY

8.1.  All information provided within the Service by TunHub and by other Users may only be accessed manually by a natural person using ordinary Internet devices.

8.2.  Users must not publish, share, sell or make available information that is provided within the Service by TunHub or by other Users to/with any third party without consent of that User. Consent for sharing within a specific Group is automatically given to Users in that specific Group. If a User sets the access level of an article to “Public”, other Users are allowed to share the URL to that article on all websites (with exeption of websites of pornographic or illegal content).

8.3.  Users must not store or process any other User's personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.

9. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

9.1.  Open Source Software Components included into TunHub are protected by the copyright of the respective owners. The other proprietary software running the Service, the site design, the logos and other graphics, articles and other texts as well as the database are protected by copyright and property of TunHub. All surveys and Global reports remain property of the respective Researcher or Vendor. All individual and team reports are property of the Customer.

10. TRADEMARKS AND SERVICE MARKS

10.1. Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols. This does not mean that such marks were not registered trademarks or service marks or such marks were not protected by any applicable law. Such trademarks and service marks are property of their respective owners and must not be used by Users in any infringing manner.

11. FINAL CLAUSES

11.1. If individual regulations of the present contract are impracticable or, ineffective after contract conclusion or become impracticable, then the effectiveness of the contract is thereby not affected in the remaining provisions of the agreement. Effective and feasible regulations are then to supersede the ineffective or impracticable regulations, the effects of which approach the intended economic objectives, which the contracting parties have pursued with the ineffective and/or impracticable regulations. The managing regulations also apply for the case that the contract is proven incomplete. Article 139 of the German Civil Code is not applied.

11.2. Only German law applies. TunHub and the User waive all other law, including the law at the place of residence or usage of the User (if other than Germany) and any international trade law. 

11.3. Place of performance and court of jurisdiction is Berlin.

Please send complaints, notices and revocations to the following address:

TunHub GmbH, CEO Ansgar Bittermann, Seelower Strasse 16, 10439 Berlin

 

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) INFORMATION

TunHub GmbH („TunHub“) respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through tunhub.com (the "Site") without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act ("DMCA"). TunHub will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.

1. NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

1.1.  The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief regarding the use of materials on the Site infringes your copyright, you may send to TunHub a notice requesting that the material be removed, or access to it be blocked.If you believe that your work has been copied and made available through the Site in a way that constitutes copyright infringement, you may send a written document to TunHub's Designated Agent (as set forth below) that contains the following ( "Notice"):

1.2.  A description of the copyrighted work that you claim has been infringed and, if multiple copyrighted works are covered by a single notification, a list of all such works.

1.3.  Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material.

1.4.  A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf of the owner of an exclusive right that is allegedly infringed;

1.5.  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.

1.6.  A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.

1.7.  Your name, mailing address, telephone number, and email address.

1.8.  If you believe in good faith that a notice of copyright infringement has been wrongly filed by TunHub against you, the DMCA permits you to send TunHub a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to TunHub's designated agent: Ansgar Bittermann, Seelower Strasse 16, 10439 Berlin

1.9.  Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content uploaded by a Site user is infringing your copyright. TunHub suggests that you consult with your legal advisor before filing a notice or counter-notice.

1.10. Upon receiving a proper Notice, TunHub will remove or disable access to the allegedly infringing material. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

2. COUNTER NOTICE PROCEDURE

2.1.  If you believe your own copyrighted material has been removed from the Site in error, you may submit a written Counter Notice to our Designated Agent (as identified above) that includes the following:

2.2.  Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

2.3.  A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, the District of Delaware or any other judicial district in which TunHub may be found.

2.4.  A statement that you will accept service of process from the party that filed the Notice or the party's agent.

2.5.  Your name, address and telephone number.

2.6.  A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

2.7.  Your physical or electronic signature.

2.8.  If you send our Designated Agent a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

2.9.  Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

3. REPEAT INFRINGER POLICY

3.1.  In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Site by users who may infringe or repeatedly infringe the copyrights of others.