General Terms and Conditions


Valid from Aug 1, 2022 for unregistered users and users registering after Jul 31, 2022.

For users who registered before Aug 1, 2022 valid from Oct 1, 2022.

The German version of our General Terms and Conditions is binding.

The English translation is only for information purposes.


1. Scope of Application

(1) These general terms and conditions (hereinafter referred to as "GTC") apply to the use of our platform and to all contracts that you enter into with us, the


Industry List GmbH
Im Neuenheimer Feld 582
69120 Heidelberg
Germany
Tel. +49 (0)69 - 24 74 32 908
Email: support@industrylist.com

(hereinafter: "we", "us" or "Industry List").

regarding the use of our platform app.industrylist.com (hereinafter: "Platform") via our website industrylist.com. Our offer is directed exclusively at entrepreneurs and not at consumers. According to § 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.)

(2) Product-developing companies or employees of these (e.g. managing directors or purchasers) are referred to as "seekers". We refer to manufacturing companies or their employees (e.g. managing directors, marketing or sales staff) as "suppliers". Together, we refer to them as "users".

(3) All agreements made between you and us in connection with the use of our platform or with this usage agreement result in particular from these GTC and - for registered users - from our registration or order confirmation.

(4) The version of the GTC valid at the time of use of our platform or at the time of conclusion of the contract shall be authoritative.

(5) In the following, these GTC distinguish between the use of our platform by non-registered and registered users. If a clause only applies to non-registered or registered users, this is expressly noted in the heading or with the corresponding clause.

(6) For registered users only: We do not accept deviating conditions of the searchers or suppliers. This also applies if we do not expressly object to the inclusion of the deviating conditions.

(7) For non-registered users only: Our terms of use may change after a certain period of time. We therefore recommend that you regularly take note of our terms of use. For registered users only: We reserve the right to change these T&Cs. We will notify you of the intended changes in text form (email is sufficient). We will only make changes if this is reasonable for you or in order to close a contractual loophole. You must not be placed in a worse position overall as a result of the change. In this context, we are not entitled to change essential contractual provisions, such as the term of the contract and the rights of termination. You may object to a change within six (6) weeks after receipt of our notification in text form (email is sufficient) or terminate our user agreement without notice. If you do not object to the amendment or do not object to it in due time, your consent to the amendment shall be deemed granted. In our notification of the change, we will again expressly point out the consequences of a failure to object or a delay in objecting and your right to terminate our agreement without notice.

2. Subject of the Contract

(1) We provide services to our users via our platform. With these services, searchers or suppliers can present their company and their products or services, contact interested parties and thus initiate a contract.

(2) Our services consist in particular of providing the platform and the technical infrastructure, providing storage space for the content posted by users and enabling users to contact each other.

(3) We provide our services free of charge to you as searchers and suppliers when using our platform in the basic version (Basic Research). In addition, you can book premium packages for which a fee is charged. You can find the terms and conditions of these packages under section 14.

3. Use of Our Platform (Only for Non-registered Users)

By using our platform/apps, you agree to these terms of use.

4. Registration, User Profile, Company Profile, Supplier Profile (Only for Registered Users)

(1) As a user, you can also register.

(2) You can register for the first time using your first and last name, your company name and your email address as well as a password to be selected by you. However, you can only submit and transmit your application for registration if you accept these "GTC" by activating the checkbox and thereby include them in your offer. We will then send you a link, which you must confirm. This email also constitutes acceptance of your application for registration. This concludes a contract with the company you represent.

(3) We will generally accept and confirm your application for use, but are not legally obliged to do so. Only in exceptional cases will we reject your application for a given reason. A given reason is in particular that we have already previously issued an extraordinary notice of termination to your company, we have permanently blocked your company, one of the other situations described in section 6 paragraph (5) has occurred, or you have copied, duplicated or otherwise processed data and content in large quantities in order to store or resell them in your own databases (data trafficking r) or you wish to use our platform to offer or advertise your own products or services to the manufacturing companies.

(4) In the following, you can create a company profile. You can enter the following data, among others:

  • Company data: Company name, claim or subtitle, logo, images (e.g. photos of buildings, machinery, but also of components or assemblies, but not of recognizable persons); company description, unique selling propositions, contact data, website, commercial register number, tax numbers.

Some data are mandatory. We have marked these with a "*".

After entering this data, our platform will automatically activate your profile. However, this profile is not yet visible to other users.

(5) Following the creation of a company profile, you can create a supplier profile. In doing so, you can add the following data, among others:

  • Service description: Services, industry, manufacturing processes, materials, semifinished products, quantities; if applicable, capacities, manufacturing formats, CAD programs, CAD file formats, certificates, conformities, tolerance classes
  • Logistics: transport, services according to ICC 20, sales forms, logistics systems
  • if necessary, further details: Patents, recommendations for further manufacturing companies

We refer to all data contained in paragraphs (4) and (5) collectively as "data". We refer to user, company and supplier profiles together as "profiles".

After completing the creation, your profile is now visible to all users. You can change or delete your data at any time.

As a manufacturing company that produces, processes or finishes components (contract manufacturing), you can create one supplier profile (designation: location) or several supplier profiles (locations). Manufacturing companies that only offer or sell products (finished assemblies, semifinished products, raw materials) cannot currently create a supplier profile on our platform.

(6) We trust your information as a user and naturally assume that you provide accurate information about your identity and act within the scope of your power of representation. Accordingly, we do not verify the identity of the owner of the user, supplier and company account. Therefore, we cannot guarantee that the owner of the profiles is really the person he or she claims to be. This applies accordingly to the company represented by him or her or to his or her power of representation. Nevertheless, we reserve the right to check this information on a random basis. If you - exceptionally - have doubts about the identity of the owner of the profiles, the company or the power of representation, please make sure and inform us about it.

(7) We also trust the information you provide and also naturally assume that you only provide accurate information about your company and in your profiles. Accordingly, we do not check your information. You are responsible for the accuracy, completeness and legality of the information you provide. Therefore, we cannot guarantee that the information you provide is correct, complete and legal. We ask you to keep this information up to date. To make this easier for you, we will contact you by email at regular intervals (once every six months or quarterly) and ask you to check that it is up-to-date. If you, as another user, have - exceptionally - doubts about information provided, please ensure that this information is correct and inform us of this.

(8) Likewise, the links stored in your company profile (e.g. your website) are your sole responsibility. We cannot accept any responsibility for these either.

(9) Should we - exceptionally - be held liable by another user or a third party due to a violation of paragraphs (6), (7) and (8), the indemnification in section 10 paragraph (5) shall apply accordingly.

(10) By creating the supplier profile, you also agree to be found by interested users in the search.

(11) You will find a button called "Request profile" at the top of your company account field. In the case of matching value added tax identification number (abbreviated: VAT), we will also display a note to this effect on the start page. You can then use this to transfer the company account. You can also send us this request by email or by post. We will then ask you to identify yourself by submitting suitable documents, i.e. a current excerpt from the commercial register and an email with your company signature. After completion of our check and a positive decision, we will activate access to your company or supplier profile.

(12) User, company and supplier profiles are not transferable to third parties.

5. Contents

In order to provide you with a comprehensive supplier search, we have created profiles of suppliers ourselves. We have made every effort to ensure that this data and information is correct, complete and legal. However, should we have made a mistake or should you wish to add information, please let us know. Nevertheless, we cannot guarantee that the data, information and other content provided is correct, complete and up-to-date.

6. Possible Uses

(1) For non-registered users only: Our platform/apps may only be used for the following purposes: (1.) Viewing our platform/apps and (2.) Searching for suppliers and their products and services and displaying search results. Any other use of our platform/apps is only possible with our prior consent (email sufficient).

(2) For registered users only: In particular, you can present your company and your products and services in the profiles, contact other users, retrieve and display the data and content presented on our platform for your own business purposes, search for interesting companies or be found by them. This applies for the duration of your contractual participation in our platform.

(3) For registered users only: Within the framework of our platform, you also have the possibility to upload data (in particular images and texts), CAD files, technical drawings and plans. These technical drawings and plans are also shareable in the near future, in one of the two following options: (i) you can allow a specific supplier to view these documents or (ii) you can make a public tender, in which case these documents are viewable by all users. In doing so, you then grant other users a right of use in accordance with section 10 paragraph (1), although in the case of (i) this is limited to the employees of that particular supplier.

(4) For registered users only: As soon as you remove or delete the technical drawings and plans, this right of use expires. Clause 12 (3) applies accordingly.

(5) Any other use of our platform/apps is only possible with our prior consent (email is sufficient). In particular, you are prohibited from modifying, revising, presenting, reproducing, publishing or distributing the data, content, technical drawings or plans of other users (unless this is done in direct contact with a specific company and the latter has expressly consented). You are also prohibited from deleting or altering any logos, copyright or proprietary notices. Furthermore, you are prohibited from copying, revising, reproducing, processing or otherwise using the data and content in large quantities in order to store them in your own databases or to resell them (data traders). In addition, the use of automated systems or automated software to extract data or content is prohibited. Finally, any access that does not take place via the user interface of our platform/apps is prohibited.

7. Access Data (Only for Registered Users)

(1) It is your responsibility as a user to keep the access data and password secret. Likewise, that your access can only be used by expressly authorized persons.

(2) Should unauthorized third parties gain knowledge of your access data, please inform us immediately.

(3) As a user, you are responsible for the use or any action taken with your access data.

(4) We assume no liability for loss or theft of the access data.

8. Code of Conduct

(1) As a user, you must comply with the legal regulations (including competition laws) and applicable law, protect the rights of third parties and may not violate the regulations concerning the protection of minors and data protection as well as our GTC. In particular, you may not

  1. offer or distribute (without your right to do so) any data, content, services, products, technical drawings or plans that are protected by law or encumbered by the rights of third parties, in particular copyright or trademark rights,
  2. insult, defame or discriminate against other users; or
  3. offer or distribute data, content, services, products, technical drawings or plans that are contrary to good morals, the regulations concerning the protection of minors or data protection law, or to commit fraud with these.

(2) The aim of our services is to enable contact between searchers and manufacturing companies. In addition to the self-evident compliance with the legal regulations and our GTC, a trustworthy and respectful interaction on our platform is therefore important to us. In particular, you may therefore not

  1. spread viruses, Trojan horses or other harmful files,
  2. Send spam emails,
  3. contact other users to request their password,
  4. harass other users; in particular, you may not contact another user more than once if the other user does not respond to your attempts to contact him or her or has expressly rejected them,
  5. use our platform to offer or promote its own products or services to manufacturing companies,
  6. upload pictures or videos with recognizable persons if you do not have their consent or the consent of their parents or legal representatives to do so,
  7. make excessive use of our platform, in particular by making too many requests or placing too many advertisements; or
  8. give other people's addresses, email addresses or telephone numbers.

(3) If you become aware of any such use of our platform that violates applicable law or our terms and conditions, please contact our customer service at


Industry List GmbH
Im Neuenheimer Feld 582
69120 Heidelberg
Germany
Tel. +49 (0)69 - 24 74 32 908
Email: support@industrylist.com

9. Removal or Blocking of Data, Blocking of Profiles

(1) We are of course interested in resolving situations that violate our GTC or applicable law constructively and amicably together with you. However, if this is exceptionally not possible, we must reserve the right to block or remove data, content, technical drawings or plans that you have entered or uploaded in your profiles or even block your access temporarily or permanently.

(2) In the - exceptional - event that your data, content, technical drawings and plans infringe clause 8, we may block or remove them. If this is appropriate in our legitimate interests or those of third parties, we will give you the opportunity to remove this data, content, technical drawings and plans yourself within a reasonable period of time. We will notify you of this by email. However, if you do not comply with our request, we will have to do this ourselves. Of course, we will give you the opportunity to comment on this beforehand and will take your comments into account before making our final decision. Of course, we will take your legitimate interests into account and choose the mildest means in each case.

(3) We can set up such a temporary block of your profile if you violate our terms and conditions or applicable law. We can set up a permanent block of your profile if you violate our terms and conditions or applicable law at least twice, and you do not stop this behavior despite appropriate warning. In both cases, we will notify you by email. In our emails, we will again inform you of the reason for the block and also give you the opportunity to comment on this. Of course, we will take your comments into consideration and then notify you of our final decisions.

We will also take your legitimate interests into account in these situations and choose the mildest means in each case.

A warning is dispensable if you seriously and finally refuse to change your behavior or if there are special circumstances which, after weighing up the interests of both parties, justify an immediate block.

(4) After you have stopped the behavior with which you violate our terms and conditions or applicable law, we will reactivate your access and notify you by email.

(5) As a last resort, we must reserve the right to set up a permanent block. In this case, we can unfortunately no longer grant you access, but must rather exclude you permanently from our platform. In this case, we reserve the right to terminate the user agreement with your company without notice.

10. Rights of Use, Guarantee, Exemption (Only for Registered Users)

(1) In order to be able to display your data, content, technical drawings and plans in your user, company and supplier profile on our platform, you grant us a non-exclusive right to use your data, content, technical drawings and plans, which may be sublicensed to other users, is geographically unlimited, limited in time for the duration of our agreement and free of charge. This granting of rights also includes so-called This grant of rights also includes so-called "intellectual property", in particular trademarks and logos.

(2) This right of use entitles us in particular to display your data, content, technical drawings and plans in your user, company and supplier profile, to process them, to store them on our servers, to publish them on our platform or make them publicly accessible, to make them available to other users, and to use them for other purposes.

(3) In order to advertise with your logos, in particular that your company is represented on our platform or that your company uses our platform to search for suppliers, we will approach you separately and ask you to sign a supplementary agreement (Supplementary Advertising Agreement).

(4) You guarantee us that your data (in particular pictures and texts), contents, technical drawings and plans do not violate any rights of third parties and that you can grant us the rights of use contained in paragraph 1.

(5) Should - exceptionally - another user or a third party (including administrative authorities) file a claim against us for the violation of its rights or legal regulations, you will indemnify us against all claims, costs and expenses of this third party (including reasonable costs of a legal action and claims for fines), provided that

(i) we have notified you by email of the filing of any such claim,

(ii) no acknowledgment, defense or settlement of any such claim shall be made except with your consent (email), and

(iii) no remedies shall be waived or withdrawn except with your consent (email). They can only be withdrawn with your consent. This applies accordingly to the issuance of a cease-and-desist, submission or final declaration. In addition, we will inform each other about new letters, pleadings, emails etc. in a comprehensive and timely manner. If the aforementioned coordination with you does not take place within the present deadlines and if we are left with no further options for legal action, we are free in our choice of defense and legal remedy.

11. Intellectual Property

All copyrights, in particular database rights, trademark rights, design rights and other intellectual property rights (as well as the arrangement and presentation of our platform/apps) are our property. Only with our prior consent (email is sufficient) may you reproduce, edit, process, publicly reproduce or otherwise use the data, information and other content of our platform/apps or the underlying software codes in whole or in part.

12. Data Entered by Users (Only for Registered Users)

(1) You may enter data, content and technical drawings and plans in your profiles and thus make them available to other users.

(2) You hereby grant us a right of use in accordance with Section 10 (1) and (2).

(3) If you remove or delete the data, content, technical drawings or plans that you have entered, our right of use shall expire. We may nevertheless continue to keep backup or verification copies. The rights of use already granted to other users remain unaffected by the removal or deletion.

(4) Clause 4 (7) and (8) as well as Clause 10 (4) and (5) shall apply accordingly.

13. Contract Between Users

For clarification, we would like to point out that the conclusion of contracts between users is their sole responsibility, i.e. it is the responsibility of you and the other user with whom you have concluded the contract. This also applies to the execution and fulfillment of the contract. With our platform, we merely support the initiation of the contract and are therefore not a party to the contract.

14. Prices, Payment (Only for Registered Users)

(1) We provide different packages for you as a searcher or supplier. In the basic version (Basic Research), these can be used free of charge by you as a searcher and / or supplier. This includes 3 users each.

(2) The conditions of the other packages depend on the functions and the number of users (Premium Development, Business Procurement and Enterprise Procurement). We have shown you these individually at the following https://industrylist.com/en/pricing/(date of linking 01.08.2022)

(3) You can test our premium packages free of charge for 14 days. If you are interested, please send us an email. After the 14 days have expired, we will then send you an email asking whether you would like to continue using our premium package. Our email represents an offer, which you would also have to confirm by email. This will result in an additional contract for the respective Premium Package with the company you represent. If you are interested, you can also change to a higher package, in which case we would also conclude this additional contract by email.

(4) Our prices are stated in EURO and are net prices, i.e. they do not include the applicable statutory value added tax.

(5) The prices valid on the registration or order date shall apply in each case.

(6) Unless expressly agreed otherwise, payment shall only be possible by invoice and by SEPA bank transfer.

(7) We will send you the invoice by email. For payment by invoice, the payment term is 4 weeks.

(8) In the event of default in payment, our claims shall be governed by § 288 of the German Civil Code (BGB); in particular, we may charge interest at a rate of 9% above the applicable base rate and a lump sum of 40 EURO. This lump sum is to be credited against any damages incurred in the course of legal action.

(9) We reserve the right to increase our prices for the Premium Packages. We will notify you of the intended increases in text form (email is sufficient) at least six (6) weeks before they take effect. We will only make increases if they are reasonable for you. You may object to a price increase within six (6) weeks after receipt of our notification in text form (email is sufficient) or terminate our supplementary agreement on the respective Premium Package without notice. If you do not object to the increase or do not object in due time, your consent to the increase shall be deemed granted. In our notification of the price increase, we will expressly draw your attention once again to the consequences of a failure to object or a delay in objecting and to your right to terminate our supplementary agreement without notice. In any case, your consent shall be deemed granted if you continue to use our platform after the price increase takes effect.

15. Prohibition of Set-Off / Right of Retention (For Registered Users Only)

You as a seeker or supplier can only offset with undisputed or legally established claims. This also applies to the assertion of a right of retention.

16. Availability Platform (Only for Non-registered Users)

(1) We will make every effort to provide our platform as uninterruptedly as possible. However, even with all due care, we cannot exclude downtimes, so that non-registered users can only use our platform "as it is currently available". Therefore, we cannot assume any liability for interruptions or other malfunctions.

(2) As the internet connection is not part of the use of our platform, it is excluded from this clause. The internet connection in your company or your own as a user is the responsibility of your company or you.

17. Availability Platform (Only for Registered Users)

(1) Our platform has an availability of 98% averaged over the calendar year.

(2) Scheduled maintenance (servicing, maintenance and data backup) and unscheduled (announced) maintenance are excluded from the calculation basis.

(3) Scheduled maintenance will take place on Saturday night from 2am to 6am. We will give three (3) business days notice of unscheduled maintenance on our website. We will use our best efforts to minimize the impact to our users.

(4) As the Internet connection is not part of our User Agreement, it is excluded from this clause. The internet connection in your company or your own as a user is the responsibility of your company or you.

18. Warranty (Only for Registered Users)

Irrespective of Clause 17, the statutory warranty provisions shall apply, with the exception of Clauses 7 (4) and 19 (3) as well as the following provision on liability (Clause 21).

If you have any difficulties with our platform or if you have any questions, please contact our customer service at:


Industry List GmbH
Im Neuenheimer Feld 582
69120 Heidelberg
Germany
Tel. +49 (0)69 - 24 74 32 908
Email: support@industrylist.com

19. Data Security Use, Liability for Loss of Data (Only for Registered Users)

(1) As a user, you must back up your data, content, plans and drawings with your own backup copies.

(2) You must also secure and store data, messages and other information to/from other users in such a way that they can be restored at any time.

(3) We shall not be liable for the loss of data, contents, technical drawings, plans as well as notices and information insofar as this is due to the fact that you have not complied with your obligations under subsections (1) and (2).

20. Linking

Our platform contains links to websites/apps of third parties. When the link was first created, we checked the third-party content to determine whether it could give rise to any civil or criminal liability. However, we cannot assume any responsibility for the contents of the third-party websites/apps and do not adopt them as our own. If we determine or are informed by third parties that the third-party content triggers civil or criminal liability, we will delete the links to this.

21. Liability (For Registered Users Only)

We shall be liable (irrespective of the legal grounds) for damages or reimbursement of futile expenses (together "damages") in accordance with the following provisions under (i), (ii) and (iii):

  1. We shall be liable without limitation in the event of intentional and grossly negligent breach of duty. This shall also apply if we fraudulently conceal a defect or have assumed a guarantee for the quality of the goods, for damages arising from injury to life, limb or health and in the event of liability under the Product Liability Act.
  2. In the event of slight negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (an obligation the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies on or may rely on); in this case, liability shall be limited to the foreseeable damage, the occurrence of which must typically be expected.

  3. Otherwise, claims for damages are excluded.

  4. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives and vicarious agents.

22. Deleting a User Profile (Only for Registered Users)

You can have your user profile deleted from our platform at any time. In this case, we will delete your personal data (first and last name, email address and password) immediately. However, the profiles continue to exist.

23. Term, Termination (For Registered Users Only)

(1) Our contract for the basic version (Basic Research) begins with your registration and runs for one (1) year. It is automatically extended by one (1) further year if it is not terminated beforehand with a notice period of three (3) months to the end of the respective contract term.

(2) For the Premium Packages, our supplementary contract also runs for one (1) year in each case, starting with the order. It is automatically extended by one (1) further year if it is not terminated beforehand with a notice period of three (3) months to the end of the respective year.

(3) The right to extraordinary termination for good cause remains unaffected. Good cause is in particular the non-payment of our fees despite two reminders or repeated and sustained violations of our GTC, legal provisions or third-party rights. In the latter cases, an extraordinary termination requires that we have warned you in writing and requested you to eliminate the reason for the violation within a reasonable period of time. A warning is dispensable if you seriously and finally refuse to change your behavior or to pay our fees or if there are special circumstances which, after weighing the interests of both parties, justify an extraordinary termination.

(4) If you revoke a consent granted by you under data protection law or if you object to further processing of your personal data, we may terminate our contract immediately if we cannot reasonably be expected to continue the contractual relationship until the expiry of our contractual notice period, taking into account the scope of data processing that is still permissible and weighing up the interests of both parties.

(5) Notice of termination must be given in text form (in writing or by email).

(6) After the cancellation for the basic versions has taken effect, you may no longer use your access.

22. Final Provisions

The law of the Federal Republic of Germany shall apply; the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

If you are a merchant, the exclusive place of jurisdiction is Heidelberg (Federal Republic of Germany).

You can find an older version of our General Terms and Conditions under the German version of this page.

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By using our platform, you agree to our General Terms and Conditions (GTC).