General Terms and Conditions (GTC)
1. Scope
These GTC apply to all contracts between autoforecast and its customers for the use of the AI-based forecasting service.
2. Subject matter
Autoforecast provides its customers with an AI-based forecasting service. The customer can upload data to the cloud, which is then used to generate forecasts. Autoforecast does not guarantee the accuracy of the forecasts and is not liable for any damages resulting from the use of the service.
3. Conclusion of contract
The contract between autoforecast and the customer is concluded when the customer orders the forecasting service and autoforecast accepts the order.
4. Service provision
Autoforecast provides the forecasting service to the customer. The customer can upload data to the cloud and use the service to generate forecasts. The service is provided on a best-effort basis and Autoforecast does not guarantee the accuracy of the forecasts.
5. Customer's obligations
The customer must provide accurate data for the forecasting service. The customer is solely responsible for the data uploaded to the cloud and must ensure that it does not violate any laws or infringe any third-party rights.
6. Fees and payment
The fees for the forecasting service are based on the customer's usage of the service. The customer will be invoiced on a monthly basis. Payment is due within 3 days of the invoice date.
7. Intellectual property
Autoforecast owns all intellectual property rights to the forecasting service, including all software, algorithms, and other materials used to provide the service.
8. Confidentiality
The customer's data is considered confidential and will not be shared with third parties unless required by law. Autoforecast will take appropriate measures to protect the customer's data from unauthorized access.
9. Liability
Autoforecast is not liable for any damages resulting from the use of the forecasting service, including any inaccuracies in the forecasts. The customer agrees to indemnify and hold autoforecast harmless from any claims arising from the use of the service.
10. Data protection
Autoforecast will collect and process the customer's personal data in accordance with applicable data protection laws. The customer has the right to access and correct their personal data and to object to its processing.
11. Termination
Either party may terminate the contract with one month's notice to the end of the month, unless otherwise agreed. The right to terminate for cause remains unaffected.
12. Severability clause
If any provision of this contract is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.
13. Miscellaneous
All amendments or supplements to the contract must be in writing. Oral collateral agreements do not exist. The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of autoforecast, provided that the customer is a merchant or has no general place of jurisdiction in the country.
14. Force majeure
Neither party shall be liable for any failure to perform its obligations under this contract if such failure is caused by force majeure, such as war, terrorism, natural disasters, or other events beyond the control of the parties.
15. Governing law and jurisdiction
This contract shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The parties agree to submit to the exclusive jurisdiction of the courts located in Munich, Germany, for the resolution of any disputes arising under this contract.
16. Entire agreement
This contract constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter of this contract. No amendment or modification of this contract shall be effective unless in writing and signed by both parties.
17. Language
These GTC are provided in the German language and in an English translation. In case of discrepancies between the German version and the English translation, the German version shall prevail.
18. Contact
If you have any questions regarding these GTC or the forecasting service provided by autoforecast please contact us at info@autoforecast.de.
19. Assignment
The customer may not assign or transfer any of its rights or obligations under this contract without the prior written consent of autoforecast. Autoforecast may assign or transfer its rights and obligations under this contract to a third party without the customer's consent.
20. Waiver
Any waiver by either party of any provision of this contract shall not operate or be construed as a waiver of any other provision or a continuing waiver of the same provision in the future.
21. Notices
All notices, requests, demands or other communications under this contract shall be in writing and shall be deemed to have been given when delivered personally, sent by registered mail or by email to the address of the other party as set forth in this contract or as subsequently modified by written notice.
22. Independent contractor
The relationship between autoforecast and the customer is that of independent contractors. Nothing in this contract shall be construed as creating a joint venture, partnership, agency or employment relationship between the parties.
23. Counterparts
This contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
24. Interpretation
The headings contained in this contract are for convenience only and shall not affect the interpretation of this contract. Any reference to a section or paragraph refers to a section or paragraph of this contract unless otherwise specified.
25. Acceptance
By using the forecasting service provided by autoforecast, the customer accepts these GTC in their entirety and agrees to be bound by them.
Effective Date: 03 april 2023