The following terms and conditions apply to any type of order, depending on the type and scope.This page is a translation and therefore legally not binding. Please refer to the original German version which you can find here .
General - Scope
- The following General Terms and Conditions apply to all business relations between the customer and HIDDB KG, hereinafter referred to as "us/we". They are an integral part of all contracts concluded with the customer and also apply to future services and offers, even if they are not separately agreed upon again.
- Terms and conditions of our customers or third parties shall not apply and shall not become part of the contract, even if we do not separately object to their validity in individual cases.
- We expressly reserve the right to make changes to our general terms and conditions, system guidelines and prices by prior notification via the customer account or via the e-mail address stored as a contact.
- Our employees and third parties commissioned by them are not authorized to make verbal collateral agreements or give assurances.
Conclusion, duration and termination of contract
- The contract is concluded by the customer's proper registration on our website hiddb.com.
- Our offers are subject to change and non-binding. We reserve the right to make technical as well as other changes within the scope of what is reasonable.
- The customer assures that the data communicated by him are correct and complete and communicates changes to this in writing within 14 days at the latest. Upon request, he shall provide appropriate evidence of the accuracy of the data.
- With the registration, the customer bindingly declares his contract offer. We are entitled to accept or reject the contractual offer contained in the registration within a period of 5 working days after receipt. The confirmation of receipt does not constitute a binding acceptance of the order.
- Unless otherwise agreed, contracts are concluded for an indefinite period.
- The contract can be terminated by either party with a notice period of 30 days to the end of the month, without giving reasons. For our customers, depending on the service description, different notice periods may apply. The cancellation can be made in text form by e-mail. The customer's request for deletion of his customer account is equivalent to a notice of termination.
- In addition, we reserve the right to terminate the contractual relationship without notice for good cause. Such an important reason exists, among other things, if the customer does not meet his payment obligations or violates other important customer obligations. Another important reason, which can lead to blocking or termination without notice, is if the customer uses content that impairs the standard operating behavior or the security of the infrastructure or the product.
- After termination of the contract, the customer account including the database will be deleted within three months.
Subject matter of the contract
- The subject of the contract is the provision of a database solution optimized for similarity search.
- During registration, the customer chooses a payment plan suitable for him (see 4.). The scope of the contractual service results from the offer information of the respective plan. During the contract period the customer is entitled to change the plan according to the respective conditions. We reserve the right to discontinue services offered free of charge after prior notice or to offer them only for a fee.
- We agree to use commercially reasonable efforts to achieve an annual average network availability of 99.9% for our database servers.
- We offer our database solution in the current version. There is no entitlement to the use of previous versions, nor is there any entitlement to further development of the service.
- If we offer technical support services that go beyond the service description, we will charge for these separately.
- The offered similarity search is based on an algorithm that compares similar vectors. In doing so, numerous approximations are used which can lead to non-deterministic results. We can therefore not be held liable for `inaccurate` results of the search algorithm.
- We reserve the right to interrupt the regular operation of our servers for maintenance at any time.
- Currently, all the services we offer are in beta version. We do not currently recommend using our database for commercial purposes. This is valid until further notice.
Plans / Tariffs
- Basically, we charge according to reserved database instances and reserved memory. It is irrelevant whether the memory is actually used by the user or not. We reserve memory depending on the amount of uploaded data in steps of 10 GB per database instance. The memory of a database instance cannot be reduced. To release the data, the user must delete the database instance.
- We offer three different tariffs: Using our services in the Free plan is free, but limited to one database and 10 gigabytes of reserved storage. For using our services in the Standard plan, we charge 0.07€ per running database per hour and 2€ per 10 gigabytes of reserved storage. The first 10 GB of reserved storage is free of charge. The Enterprise plan is customized in dialog with us.
Payment terms and delays
- The contractually agreed services are charged at the updated prices, which can be viewed at www.hiddb.com, plus statutory VAT.
- Depending on the contractual agreement, a monthly, quarterly or annual invoice is issued using the agreed means of payment. In doing so, the customer undertakes to comply with the provisions of the payment service used.
- If the payment period granted is exceeded, we are entitled, even without a reminder, to charge interest on arrears from the due date. The amount shall be determined in accordance with the provisions of Section 288 of the German Civil Code.
- The customer is obligated to pay all fees and taxes incurred by his use of the service or by third parties designated by him. Invoices are sent exclusively in electronic form free of charge. Appropriate fees will apply for postal delivery.
Administration rights and obligations / Data security
- For the database provided by us, the customer has full and sole administration rights via the offered APIs and dashboard. These must be administered and secured by him at his own cost and risk.
- The customer is responsible for a regular backup (backup copy) of his data, outside the server provided by us. Insofar as data is transmitted to us, the customer undertakes to make regular backup copies thereof. The customer is obligated to carry out a complete data backup before each own or commissioned change. In the event of a loss of data that nevertheless occurs, the customer shall be obligated to transmit the relevant data files to us again free of charge, or to restore them.
- If the customer also wishes to process personal data of third parties with our services, the customer alone remains the responsible party in the data protection sense.
- We would like to point out that we are fundamentally unable to determine whether the customer is processing personal data. The customer is therefore obliged to provide us with the necessary information, in particular whether personal data of third parties are processed, for what purpose these data are processed and to which categories the personal data and the data subjects can be assigned. As long as we have not received an order processing agreement with the necessary information from the customer, we assume that the customer does not process any personal data of third parties with our services, so that we do not take any measures based on data protection law.
- We point out that in data protection during data transmission on the Internet, according to the current state of the art, there is still no all-encompassing protection. The customer is responsible for the safety and security of the data stored by him.
Use by third parties
- The customer is entitled to grant third parties a contractual right of use to his commissioned services. In this case, the customer nevertheless remains the sole contractual partner. The customer shall continue to be solely and fully liable for compliance with the contractual agreements between the customer and us.
- If the cooperation of the third party is required for changes of any kind, the customer shall ensure already at the time of transfer of the right of use that all statutory and contractual provisions are complied with.
- If the third party violates the contractual obligations or does not fulfill the obligation to cooperate, if the data provided by the third party is incorrect or incomplete, or if other problems arise with the granting of these rights of use, the customer shall be fully liable for all resulting damages and shall also indemnify us against all claims made against us by the third party or others.
Use of the services / content
- The customer is obliged to use the provided services appropriately and to refrain from abusive and illegal actions.
- If we become aware of illegal actions, we are obligated under § 10 TMG to request you to remove the offending content immediately and are entitled to block your access.
- The use of the services is at your own risk. We are liable for indirect damages in case of intent or gross negligence, but not for loss of profit. For culpable violations that are not due to gross negligence or intent, we are liable for the foreseeable damage typical for this type of contract, up to a maximum of 100% of the customer's monthly product rental fee.
- If the customer violates the obligations specified in clause 8, in particular legal prohibitions and good morals, with his content, he shall be liable to us for compensation for all direct or indirect damages arising from this, including financial losses. In addition, the customer undertakes to indemnify us against claims by third parties - irrespective of the legal basis - resulting from him or the third parties designated by him. The indemnification obligation also includes all legal defense costs incurred.
- You have the right to revoke this contract within fourteen days after conclusion of the contract without giving any reason. To exercise your right of withdrawal, you must inform us, HIDDB ,Otto-Speckter-Strasse 4, 22307 Hamburg, e-mail: [email protected], of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, e-mail). You can use the model withdrawal form for this purpose, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
- Consequences of revocation If you revoke this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery variant offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless we agree otherwise. In no case will you be charged for this repayment. If the revoked item is a service that has already begun at the time of revocation, the corresponding pro rata amount shall be paid.
- You can find our cancellation form at: https://www.hiddb.com/de/legal/withdrawal/
Dispute resolution procedure
- The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at: https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions and severability clause
- These General Terms and Conditions and the contractual relationship between us and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
- The exclusive place of jurisdiction, including international jurisdiction, for all disputes arising from the contractual relationship shall be our place of business in Hamburg. However, we are entitled in all cases to sue at the customer's place of business. Overriding statutory provisions, in particular on exclusive jurisdiction, shall remain unaffected.
- If any provision is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a loophole is found in this contract. In place of the invalid or unenforceable provision, an appropriate provision shall apply which, as far as legally possible, corresponds to the meaning and purpose of the invalid or unenforceable provision or to the presumed intention of the parties if they had considered this point.
Last updated: 01 July 2022