(last updated: June 2018)
The goods and services offered are intended exclusively for entrepreneurs in accordance with § 14 (1) of German Civil Code (BGB), i.e. natural or legal persons or partnerships having legal capacity which upon conclusion of the contract are acting as a commercial or independent professional entity (“companies”).
Deviating, conflicting or supplementary general terms and conditions of the user will, even if AXOOM is aware of them, not become part of the contract unless their validity has been expressly agreed to in writing.
2. The services provided may involve cloud or software services, for example, as well as the making available of product data, electronic media, information and other content (hereinafter referred to collectively as “the services”). You can read about the scope of our services and benefits in our service description at www.axoom.com. The scope of services is also derived from the respective functionalities currently available on axoom.com.
3. We reserve the right to supplement the services and benefits offered on the platform or to set a time limit for the use of the services offered either in whole or in part. No claim to the retention of certain benefits or parts thereof exists.
4. Registration is required to use the goods and services available on axoom.com. Not only companies are allowed to participate. Registration to use axoom.com is free of charge.
5. Services and benefits from third parties (“partners”) can also be included in the functionalities available on axoom.com, for which AXOOM only mediates access or contact. For the utilization of such services and benefits – which are always identified as third-party services and benefits – the particular contractual conditions of the respective partner take precedence, to which AXOOM and/or the partner will refer you in each case.
6. For free services, no claim exists to interruption-free use. It is not guaranteed that the access to or the use of axoom.com will not be interrupted or adversely affected by maintenance work, further development, or other malfunctions that, if applicable, could result in loss of data. We make every effort to ensure that the usability of the axoom.com services is as interruption-free as possible. However, the possibility cannot be excluded that, due to technical malfunctions (e.g. interruption of the power supply, hardware or software errors, technical problems in the data lines) temporary limitations or interruptions will occur.
7. If and to the extent that orders to partners are mediated via the platform, we are furthermore entitled in the name of the partner to cancel orders of goods or services that have not been accepted by the partner within 30 days after notification of the order. We will notify you of this in a separate message.
3. If the registration or profile data change during the course of your user relationship, you must correct your data on axoom.com promptly in your personal settings. This applies both for corporate users and for sub-users they have created. You will be charged for any costs accruing to us due to entry of incorrect information (such as improper bookings due to incorrect account data) if you are responsible for the incorrect information.
5. Your registration, the contractual relationship and the user account in addition to the access data are non-transferable. We assume no responsibility for every profile owner always being the person the respective profile owner claims to be. We reserve the right to verify your identity and your details during registration. You therefore authorize AXOOM, as a precautionary measure, to use all registration information (including that of the sub-users) to verify the accuracy of your details (including their updates).
2. It is also your responsibility to ensure that only you or persons you have authorized access axoom.com and use the services available on axoom.com. If there are reasons to suspect that unauthorized third parties have become aware or will become aware of your access data, axoom.com must be informed immediately.
Please note: You are fully responsible for any use and/or other activity that is carried out using your access data.
3. All stated fees are understood to be in addition to the respective applicable statutory value added tax. The fee for the services you use will be processed by a commissioned payment service provider. You will be notified of this before the conclusion of the contract.
4. If not otherwise agreed, we will always bill you for contractually due use-independent compensation components in advance and use-dependent compensation subsequently. You will be informed of the billing periods before the first utilization together with the other payment conditions. Billing will be done exclusively by electronic means by sending the invoice via e-mail. If in your profile settings you select sending of the invoice by mail, this may result in additional costs for you (processing and postage costs). The amount of the costs for sending the invoice will be indicated to you when selecting the delivery method.
5. During a possible agreed test or trial period the contractual benefits subject to payment will be rendered free of charge to the extent agreed. For benefits that are provided by partners this applies only and insofar as this has been agreed to in the partner's respective special contractual conditions.
6. You can only claim a right of retention if this is based on the same contractual relationship. You can only offset receivables owed to us with unchallenged or legally established receivables owed by us.
7. The payment options are prepayment or by invoice. AXOOM reserves the right to decline certain payment methods in specific cases.
2. In case of temporary or permanent blocking, your access authorization will be blocked and you will be notified of this via e-mail.
3. In case of a temporary blocking, after the blocking period has expired or the reason for blocking has been definitively eliminated, the access authorization will be reactivated and you will be informed of this via e-mail. A permanently blocked access authorization cannot be restored. Permanently blocked persons are permanently excluded from participation on axoom.com and may not reregister on axoom.com. This applies both to registration as a master user and to registration as a sub-user.
2. We also reserve the right to terminate the user relationship in full or for individual services with a notice period of fourteen (14) calendar days, however at the earliest with the expiration of the minimum term or the time of the earliest termination option of the services and benefits subject to payment obtained under AXOOM or user contracts with partners.
3. The possibility of termination for good cause remains unaffected. In the event of a termination declared by us for a good cause for which you are responsible, we are entitled to immediately demand a payment in the amount of 75% (seventy five percent) of the user fee for the term remaining after the termination of the services subject to payment affected by the termination, provided by AXOOM or a partner until the next proper termination date if you do not prove that we or the relevant partner have not suffered any damage at all or that the actual damage is significantly lower than this amount. We or the affected partner have been provided with proof that the actual damage is higher than this amount.
4. In the event of a complete termination of your axoom.com user relationship, with the expiration of 30 calendar days after the entering into effect of the termination and after the expiration of any legal retention periods, we are entitled to irretrievably delete all data that has been created in the context of your axoom.com membership. For personal data the regulations on data protection take precedence, which may also stipulate a shorter period for deletion.
2. You yourself are responsible for establishing the necessary technical requirements (in particular hardware, web browser and internet access) for the use of the services in accordance with the contract within your area of responsibility. We are not required to provide any advice with regard to this.
3. Please be aware that user activities may be monitored within the legally permitted scope of the Telemedia Act (TMG) and Federal Data Protection Act (BDSG) or that there may be a legal obligation for us to do this. This also includes, if applicable, the recording of IP connection data and courses of conversation as well as their evaluations in case of a concrete suspicion of a violation of these terms of participation and use and/or in case of a concrete suspicion of the existence of another illegal action or criminal act.
2. The content available on axoom.com originates partially from us and partially from other users or other third parties. Content from users and other third parties will hereinafter be referred to collectively as “third-party content.”
3. We do not perform any review for completeness, accuracy or legality for third-party content and therefore assume no responsibility or guarantee of any kind for the completeness, accuracy, legality or currentness of the third-party content. This also applies with regard to the quality of the third-party content and its suitability for a particular purpose.
2. You are only authorized to download content (“download”) or to print content insofar as a download option or a print option is available as a functionality on axoom.com (e.g. by means of a download button).
3. In each case, you will receive a time-unlimited and non-exclusive right of use for your own purposes to the data provided by AXOOM that you have downloaded or printed out according to specifications. If content is involved that was delivered to you subject to payment, the further condition for this granting of rights is the full payment for the respective content. Otherwise all rights to the content remain with the original copyright holder.
4. The mandatory statutory rights (including the duplication for private or other personal use in accordance with § 53 Copyright Act (UrhG)) shall remain unaffected.
1. To the extent that this functionality is available on axoom.com, you can post content on axoom.com and make it available to third parties in compliance with the following regulations.
2. In posting content you grant AXOOM a free, permanent and transferable right to use that content, and in particular
3. The above granting of the right to the making publicly accessible or to the granting of rights of use to third parties does not apply with regard to such information that you have recognizably not posted for general publication on axoom.com. This includes registration information, details about your own business transactions and products, uploaded documents or documents that exclusively serve your own commercial purposes. Such information will only be passed on to third parties if this is necessary to fulfill the contractually owed benefit or has been arranged by you yourself (e.g. benefit and/or appointment with service providers, enabling of access by third parties to this content) or if you have expressly agreed to it.
4. If axoom.com explicitly offers the option of removing posted content from axoom.com, the right of use and exploitation granted above expires. However, AXOOM remains entitled to keep copies that have been created for security or verification purposes. The rights of use already granted to axoom.com users to content created by customers remain unaffected by the deletion.
5. You are fully responsible for the content you have posted. We will not perform any review of the content for completeness, accuracy, legality, currentness, quality or suitability for a certain purpose.
6. You affirm to us that you are the sole owner of all content you have transmitted to axoom.com or are otherwise entitled (e.g. by means of an effective permission from the copyright holder) to post the content on axoom.com and to grant the use and exploitation rights as described above. This applies in particular to external copyrights, trademark rights and ancillary copyrights and personal rights under commercial and/or competition law. In addition, you are required not to publish any content that violates applicable law.
8. You are aware that axoom.com has an evaluation system for users, services and benefits. You are entitled to post true statements about other users (in the Community area) and about any service or other benefit on the respective evaluation page of the relevant user and/or of the service. Users and service providers can also utilize points from 1 to 5 for the proper performance of an exchange of services. axoom.com does not take ownership of the evaluations, is not required to review the evaluations, and is not responsible for the content.
9. Users who attempt to post untrue, offensive, anti-competitive, actionable or otherwise illegal content about others may be barred without notice.
1. The services available on axoom.com, provided that nothing to the contrary is stated in the special contractual conditions for the respective service, are intended solely for the users’ own internal commercial purposes. Any commercial use that goes beyond this for or in relation to third parties is not permitted. Prohibited commercial usage includes in particular
2. You are forbidden from undertaking any activities on or in connection with axoom.com that violate applicable law, infringe on the rights of third parties or violate the principles of the protection of minors. In particular, you are forbidden from performing the following actions:
3. Furthermore, independently of a possible infringement of the law during the creation of your own content on AXOOM and during communication with other users (e.g. by sending personal messages, participation in discussion forums, publication of discussion contributions or commenting on content and contributions), you are forbidden from undertaking the following activities:
4. Any action that is intended to adversely affect the smooth operation of axoom.com, in particular any action intended to overload our IT systems, is likewise forbidden.
5. If you become aware of an illegal or abusive usage, use in breach of contract or other unauthorized use of axoom.com, you can contact email@example.com and report such unauthorized use. We will thereupon review the action and implement appropriate steps if necessary.
6. We reserve the right to reject the posting of content and/or to edit, block or remove already posted content (including private messages and forum entries) without prior notification if the posting of the content by you or the posted content itself has resulted in a violation of these provisions or there are concrete indications that a serious violation will occur. However, your justified interests will be taken into account in the process.
1. The contractual partners are required to keep secret all business and trade secrets and other confidential information of the other contractual partner that they become aware of during the performance of the contract. The confidential information and the documents that embody it must not be made accessible to third parties that are not involved in the performance of the contract. The contractual partners will store and secure the information and documents in such a way that any abuse by third parties is excluded, at least with the due diligence of a prudent businessperson.
2. Not included in the obligation to confidentiality are information and documents that were generally known and available at the time of disclosure or that the receiving contractual partner was already aware of at the time of disclosure or were later legitimately made available to the receiving contractual partner by third parties.
3. Our quality standards include dealing responsibly with your personal data (this data will hereinafter be referred to as “personal data”). We will only collect, save and process the personal data resulting from the registration on axoom.com and from the use of the available services insofar as this is necessary for the provision of services in accordance with the contract or is allowed by law. We will treat personal data confidentially and in accordance with applicable data protection laws, and will only forward/disclose such to third parties as allowed by law, including particularly to partners involved in the provision of services.
4. Furthermore, your personal data will only be used to the extent that you have expressly consented to this. A consent that you have granted can be revoked at any time via firstname.lastname@example.org.
5. To contract with us to process personal data, we are required to conclude a data processing agreement in accordance with Art. 28 GDPR. You must inform us of this requirement in writing before commissioning. We will then offer to conclude a corresponding agreement with you.
6. For more information, please also refer to our Data Protection Policy.
1. When a [•] machine is connected to a [•] module on the platform, data on usage of the [•] machine ("Technical Data") are transmitted to the platform. Technical Data include in particular: [please complete]
2. Generally, AXOOM only processes Technical Data from connection of a [•]machine, and therefore does not process information which allows making inferences about machine users who are not also customers or users of the services. For all machine users, the basis for the processing of Technical Data regarding the machine condition and for optimization of machine functionalities is a legitimate interest on the part of AXOOM, as required. AXOOM has a legitimate interest because AXOOM is obligated to conduct product monitoring and the data facilitate AXOOM's ability to troubleshoot and improve products and quality.
3. The aforesaid Technical Data are linked to usage of axoom.com by the user under his/her user profile. If the Technical Data are referenceable to persons within the meaning of Art. 4 No. 1 GDPR, we process the data exclusively in order to provide the contractual services in connection with usage of the platform by the user. The legal basis is as per Art. 6 (1) b) GDPR or Art. 6 (1) f) GDPR.
5. As part of customer service, AXOOM accesses the Technical Data of the [•] machines with [•] module activated by the user. AXOOM utilizes the data to provide the services in accordance with the service agreement concluded with the user.
6. We reserve the right to use the Technical Data and anonymized or pseudonymized user data for statistical purposes, to design user-friendly services and improvement service quality and for product development purposes (optimization and further development of AXOOM products and services). No evaluation is conducted referencing persons. In particular, AXOOM is entitled to store, modify, analyze and aggregate AXOOM Technical Data and transmit such to third parties. Aggregated data do not permit making inferences about specific Technical Data transmitted by the user or about the identity of the user.
1. We are freed from the obligation to perform if the non-performance of services is attributable to the occurrences of force majeure after the conclusion of the contract.
2. Circumstances of force majeure are, for example, wars, strikes, riots, dispossession, storms, flooding and other natural catastrophes as well as other circumstances for which we are not responsible (in particular water penetration, power failures and the interruption or destruction of data-conducing lines as well as technical Internet problems over which we have no influence).
3. We will notify you of the occurrence of a case of force majeure immediately and inform you in the same way as soon as the force majeure event no longer exists.
1. You are required to exempt us from all costs, claims and disadvantages that third parties assert against us due to the violation of their rights due to your content or due to a violation of the law by you. This does not apply if you are not responsible for the infringement of third-party rights.
2. You are also required to reimburse us for all costs arising due to the violation of the law, in particular costs for an appropriate legal defense, including any court and attorney fees incurred. This does not apply if and to the extent that you are not responsible for the violation of the law.
1. All liability on the part of AXOOM on any legal grounds is excluded. This liability exclusion does not apply to damages:
in cases of willful intent on the part of AXOOM
in cases of gross negligence on the part of board members or executives of AXOOM
due to defects maliciously concealed by AXOOM
for culpable loss of life or bodily injury/harm,
arising from a guarantee under an individual contract
due to errors for which mandatory liability applies under product liability law.
In the event of a culpable breach of primary contractual obligations, AXOOM also has liability for gross negligence on the part of non-executive staff and for slight negligence if the damages resulting from slight negligence are limited to the reasonably foreseeable amount of damages under that type of contract.
2. Insofar as AXOOM’s liability is limited or excluded under these provisions, this shall also apply to liability on the part of AXOOM board members, vicarious agents, representatives and employees in particular.
3. AXOOM is not liable for the accuracy, completeness and currentness of the data and information provided by the users. With the conclusion of the contract AXOOM transfers to the user, in the event that the user is held liable by another user due to inaccurate, incomplete or obsolete data and information, its existing contractual and non-contractual claims in this regard with respect to the providing user.
1. We are entitled at any time to change the free services provided on AXOOM, to make available new services that are free or subject to payment, and to stop providing free services. In the process, we will always take your justified interests into account. If free services are changed to services subject to payment or services subject to payment are changed, the change procedure per item 17 applies accordingly.
2. In any notification of change you will be informed separately of the consequences of the change and your right to object and/or terminate.
3. The partners alone have the functional and pricing authority over the goods and services they themselves offer respectively on axoom.com.
1. Detailed information about us as the operator of axoom.com is provided here.
2. German law applies, excluding German International Private Law and the UN Convention on Contracts for the International Sale of Goods.
3. The exclusive place of jurisdiction shall be that of AXOOM’s registered office. However, we are also entitled to optionally take legal action in your official location.