Terms of Use

§ 1 Applicability

(1) The emcra GmbH, Hohenzollerndamm 152, 14199 Berlin, Germany (hereafter referred to as ‘operator’), offers organisations (hereafter referred to as ‘users’) the opportunity to evaluate independently of their legal structure how well prepared they are for international activities. This is done by means of the ‘upgrade2europe’ self-assessment tool (hereafter ‘self-assessment tool’).

2) Use of this self-assessment tool is possible exclusively on the basis of these terms of use. Deviations from this are only valid if they have been agreed in writing. Requirements of our contractual parties that contradict or deviate from this are not contained in the contract, even if the operator does not expressly contradict them. These terms of use are valid only for companies, legal entities of public law and special funds under public law in accordance with § 310 of the German Civil Code BGB (hereafter ‘organisations’).

§ 2 Occurrence of the terms of use for the platform

(1) Use of the self-assessment tool requires the previous realisation of a platform licence agreement (hereafter ‘licence agreement’). For this to be in place, the user must agree to the terms of use by actively clicking on the tick symbol.

(2) The licence agreement is made for an indefinite period of time. The contracting parties can terminate the licence agreement by the end of the next month by means of written communication (email is sufficient) without naming any reasons, provided the data set can be traced to the user in question. This is possible if the user has saved their answers to the questions and has shared with the provider one of the fields required when saving (username, email address). If the survey has not been saved, the data set cannot be traced back to a definite user. Terminating the agreement will not be possible in this instance.

§ 3 The self-assessment tool

(1) The self-assessment tool is free to use.

(2) The self-assessment tool consists of different content areas in which different topics that are pertinent to the Europeanisation of an organisation are addressed in turn. Descriptions of different situations are shown for each of these topics. The user chooses from these descriptions the situation that best describes the organisation being analysed.

(3) Once the user has completed all topics he will receive a result based on a scoring formula. This result consists of an evaluation of the chosen answers and recommendations for future action. These are standardised recommendations that should serve the user as the foundation for discussion. The user himself is responsible for the implementation of these recommendations and possible reactions to the scoring values.

(4) Scoring values and industry classification are saved pseudonymised in a database. Data is also anonymised (this means that the name of a person and/or an organisation is not shown, if this is the result of an optional entry of an email address) and made available to science for research purposes and to the operator for purposes of commercial analysis.

(5) The results of the evaluation and recommendations for action can be viewed directly after answering all of the questions in the self-assessment tool and can be saved as a PDF. It is strongly recommended that you print and archive the results of the evaluation and recommendations for action.

(6) If the analysis has been saved, it is possible to access the result even after closing the browser window by using the username and password that have been entered. There is no limit to the number of times that the self-assessment can be repeated.

§ 4 Operation and availability of the self-assessment tool

(1) The operator reserves the right to discontinue the platform at any time.

(2) As long as the operator maintains the platform, an availability for the self-assessment tool of 98.5% on working days between 8:00am and 6:00pm is guaranteed. In addition to this, maintenance, updates and administrative work can lead to the self-assessment tool not being available temporarily. As far as possible, delays will be announced beforehand on the website and undertaken during times when the self-assessment tool is statistically used less frequently.

§ 5 Copyrights

(1) The user receives a non-exclusive temporary right to use the proprietary constituents of the self-assessment tool for the purposes of self-evaluation. This is valid only for the duration of the contract term. The self-assessment tool’s software code also consists of open source components that the separate open source developers have made available to the general public to use free of charge. The user receives sufficient rights to use the open source components from the open source developers to be able to make unrestricted use of the self-assessment tool in line with this contract. You can find which open source components were used and further information about these open source components in the operator’s imprint.

(2) The right to the proprietary components from § 5 Para. 1 includes only the use of the self-assessment tool in accordance with the rules predefined by the operator and especially does not include the reproduction, distribution, general publication or editing of the software of the upgrade2europe tool.

(3) The text of the self-assessment tool, including the questions, answers, evaluation results and recommendations for action, are subject to the Creative Commons Attribution ShareAlike License Version 4.0, by the Commons Attribution ShareAlike Licence Version 4.0 (https://creativecommons.org/licenses/by-sa/4.0/legalcode).

(4) You can find further information about the licences in the imprint.

§ 6 Client obligations

(1) The client is obligated to use the operator’s services appropriately and to take recognised principles of data security into account. The client is in particular obliged:

  • to not use the platform improperly but to use it exclusively in accordance with the applicable national and international laws and regulations. The client is especially obliged not to infringe upon any third party rights, for example personal rights, copyrights, trademark laws, naming laws and any general commercial property rights of third parties;
  • to not use any passwords or code numbers (PIN) that correspond, for example, to their own name or birthday or that of a very close person, or that are used to access other services;
  • to maintain the secrecy of passwords and code numbers (PIN) and to immediately change them or arrange for them to be changed if the suspicion arises that an unauthorised third party has gained knowledge of them.

(2) It is not permitted to download, cache, make publicly accessible and/or take into one’s own offer qualitatively or quantitatively substantial parts of data from the platform, whether this is done with the help of crawler software or in another way. Repeated and systematic downloading, caching, making publicly accessible and/or taking into one’s own offer qualitatively or quantitatively insubstantial parts of data is equivalent to downloading, caching, making publicly accessible and/or taking into one’s own offer qualitatively or quantitatively substantial parts of data, to the extent that these actions run contrary to a normal evaluation of data or unreasonably interfere with the authorised interests of the operator.

(3) Even with the greatest possible care, the operator cannot guarantee that all available information is accurate. Because of mistakes due to transferring and/or entering data by hand, for example number and figure citations etc., the information made available on the platform can be flawed. It is therefore the client’s responsibility to check and verify the information that is contained here.

§ 7 Blocking

(1) If concrete indications exist that a user has infringed upon legal regulations, third party rights, or his own obligations (as outlined under number 5 in this terms of use), the operator can temporarily or permanently restrict or ban this user from using the ‘upgrade2europe‘ self-assessment tool, in particular for the protection of other users.

(2) The operator will take into account the authorised interests of affected users when choosing the means. This is particularly applicable when indications exist that the user is not culpable for the violation.

(3) A final exclusion of a user from the ‘upgrade2europe’ platform requires a material breach against significant obligations of the user in accordance with number (1). A final exclusion is at all events justified if the user has enabled an unauthorised third party to access his account or repeatedly contravened his obligations as outlined under number 6 of this terms of use.

§ 8 Liability, Limitation

(1) The operator has unlimited liability for damages arising from culpable injury to life, body or health.

(2) The operator is only liable for other damages if the damages are based on the intent or gross negligence of its legal representatives, employees or agents. The liability for damage is limited to foreseeable damages that typically arise with these kinds of contracts if the operator is not charged with intent. The operator is also only liable for slight negligence in the area of chargeable offers insofar as essential contractual obligations (‘major obligations’) are infringed upon. Major obligations are those which first enable the proper implementation of the contract and on the keeping of which the user may regularly rely. In the case that major obligations are neglected the liability is also limited to foreseeable damages that typically arise with these kinds of contracts.

(3) To the extent that the operator is liable in cases of gross negligence for various damages in accordance with number 8 paragraph 2, the liability is limited to €500.00.

(4) To the extent that the operator is liable in cases of slight negligence subject to number 8 paragraph 2, the liability in each case is limited to the amount of €200.00.

(5) The operator is not liable for data or information which the user or any third party downloads from the portal or which are in any way made available on the portal. The operator is neither liable for the completeness, accuracy or currentness of this data and information, nor that it is free from any third party rights, nor that the user or a third party are acting lawfully when they download any data from the portal. The operator is also not liable for any damages which arise through faulty operation of the system.

(6) The operator is not liable for possible damages which may happen to the user if he implements the recommendations given by the platform.

(7) Mandatory statutory regulations such as the product liability act remain unaffected by the arrangements given above.

§ 9 Other rules

(1) The place of jurisdiction for all litigation with the operator ensuing from these terms of use is the location of the operator. The operator is however authorised to call the courts that are responsible for the place of business of the client.

(2) In the event that one or several of the aforementioned clauses are inapplicable or may become so in the course of time, the remaining clauses remain unaffected by this.

(3) This contract is subject to the laws of the Federal Republic of Germany with the exception of rules concerning conflict of law and the UN sales convention (CISG).

(4) The operator reserves the right to change these terms of use to an extent that is reasonable for the user. The newest version of the terms of use has authority, so long as the user does not contravene the new terms of use within four weeks after the operator has expressly indicated the effects of his silence to him.

(5) The operator can change or suspend parts or particular functions of the ‘upgrade2europe’ platform at any point. In accordance with this the platform operator can limit use and access to the offers in the platform at any point, as well as limiting the duration and extent of use.