General Terms and Conditions

 

As of 22.11.2023
For the European Economic Area (EEA) and Switzerland:

sonares GmbH Carmerstr. 8
10623 Berlin Deutschland

Trade Register: HRB 148927 B,
District Court Charlottenburg

VAT Identification Number: DE 289233561

§1 Scope of application

1.1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the web portal ScienceHub (hereinafter referred to as "ScienceHub"), as well as the offers, products, services, and services contained therein (hereinafter referred to as "Services") and define the rights and obligations between the operator of the ScienceHub, sonares GmbH (hereinafter referred to as "sonares" or "we"), the users of ScienceHub and the services contained therein (hereinafter referred to as "Hub users") as well as the users of the services (hereinafter referred to as "End users" and together with Hub users "Users").

1.2. The use of the ScienceHub and our services is exclusively based on these GTC. Opposing or deviating conditions of the Hub users are not applicable unless we have expressly agreed to them in writing.

1.3. The use of the ScienceHub, the use of the services, and the integration of the services are additionally regulated by the privacy policy and the cookie policies in addition to the GTC. By registering for the ScienceHub, as well as purchasing any additional services, the Hub user agrees to the GTC (in the form of a checkbox to be set) and acknowledges the privacy policy and the cookie policies. The following privacy policy and cookie policies must be observed:

1.3.1 Privacy Policy

1.3.2 Cookie Policies

1.4. The user is informed about these GTC as part of the contract including the privacy policy and cookie policies by our partners, on whose pages our services are integrated.

§2 Description of Services

2.1. The ScienceHub is a web portal that aims to make science tangible for the end user by creating personal relevance through various services and partnerships with website operators to reach a large mass of end users and by statistically processing end user inputs to generate scientific findings and verify or develop theories.

2.2. The guiding principle for the ScienceHub is the promotion of science and the communication of scientific results by creating a win-win situation for different actors. For this reason, access to the ScienceHub is fundamentally free of charge. However, special membership models and additional services can be purchased by Hub users for a fee.

2.3. The ScienceHub enables Hub users to integrate services on their own website using iframe technology, to use the services directly in ScienceHub, to participate in scientific projects through the ScienceHub, or to have statistical processing of end user inputs displayed in it.

2.4 The services are mainly published via the websites on which they are integrated. The areas used by sonares on websites can also be used for advertising by the respective operator. This is a process independent of sonares, and we have no influence on the content following the services. Should sonares book corresponding areas for its own purposes or on behalf of different Hub users of ScienceHub, this will be indicated in the contents.

2.5. Hub users are responsible for selecting and integrating the services on their website. Sonares assumes no liability for any legal violations in connection with integrated products, particularly due to specific legal rulings in individual countries. This applies in particular, but not exclusively, to the function of automatic context-related integration or the automatic publication of services.

2.6 Hub users' claim to use the services exists only within the current state of technology. Sonares reserves the right to temporarily restrict its services if necessary in terms of the security or integrity of the servers or to carry out technical measures that serve the orderly or improved operation of ScienceHub or the services (maintenance work).

§3 Use of the Services, Registration and User Account

3.1. To use the ScienceHub, Hub users must register and create a user account. Registration is done by providing the required information and consenting to the inclusion of these GTC, including acknowledging the privacy policy and cookie policies.

3.2 Hub users are obligated to provide truthful and complete information during registration. They are responsible for keeping the information in their user account up to date.

3.3 Hub users are obligated to treat their access data to the user account confidentially and protect it from access by third parties. The Hub user is responsible for all activities that take place using his user account.

3.4 The registration of a legal entity or partnership may only be made by a natural person, who must be named. When registering natural persons, only individual persons may be specified as the owner of the user account (i.e. no married couples or families).

3.5 Hub users must keep their password secret and carefully secure access to their user account. Hub users are obligated to inform sonares immediately if there are indications that a user account has been misused by third parties.

3.6 A user account is not transferable.

3.7 When integrating our services, Hub users are obligated to obtain valid consent from their end users for the processing of personal data by sonares (sonares is a member of the IAB. We accept user consents collected through the IAB TFC 2.2, to the extent legally permissible). No user account for these users will be created by sonares. However, all further rights and obligations arising from these GTC remain intact.

3.8 In the context of using the ScienceHub, as well as the services contained therein or displayed on third-party sites, sonares has access to various information about users, including personal data. This includes in particular such information that Hub users transmit when registering for ScienceHub (such as contact information) as well as those collected during the use of the services by end users on third-party sites (e.g., your IP address, which is automatically sent with every internet activity of yours). Personal data, as well as all other collected data without personal reference, are exclusively evaluated anonymously by sonares.

3.9 Hub users can access anonymized information about other users when using the services (e.g., the number of impressions, engagement and click-through rates, or statistical evaluation of user inputs).

3.10 Sonares only shares information about end users with third parties if it is necessary for providing, displaying, or developing the services, sonares is legally or contractually authorized and/or obligated to do so, or the end user has consented to the sharing of his data.

3.11 Depending on the selected membership, further personal data may be collected, processed and used in order to provide the services and functions in connection with the selected membership (e.g. an automated, context-based display of the ScienceFacts).

3.12 After the deletion of a user account from the ScienceHub or the revocation of consent to the cookie policies of an end user, the data provided by the respective user or generated by his use of ScienceHub and the services in the user account will be deleted. Aggregated and anonymized data generated through the use of the services (e.g., the statistical evaluation of services) will generally be retained even after the end of the contract.

3.13 The manner of processing personal data, the transmission to third parties, as well as the rights of the user as the data subject by sonares, are precisely described in our privacy policy and can be read there. §4 Fees and Memberships

§4 Fees and Memberships

4.1 The use of the ScienceHub is principally free of charge.

4.2 In addition, the Hub user can book different memberships to unlock various functions of ScienceHub. The available functions of the individual memberships are tailored to the different user groups.

4.3 In ScienceHub, the Hub user can book additional services from sonares in addition to the different memberships. These services are offered separately and invoiced.

4.4 The Hub user can settle invoices using the payment methods offered by sonares. If a fee cannot be collected by sonares, the respective Hub user bears all costs arising from sonares, particularly fees related to the return of direct debits or similar, to the extent that he is responsible for the event causing the costs.

4.5 Invoices and payment reminders shall be transmitted electronically only.

4.6 The fees for the various memberships, if any, are due immediately in advance upon invoicing for the entire term or the respective billing period.

4.7 Sonares reserves the right to increase the fees for the paid memberships appropriately, effective at the start of a new billing period. In this case, sonares will inform the Hub user at least six (6) weeks before the start of the billing period in which the price increase becomes effective. If the Hub user does not agree with this fee increase, he can object within three (3) weeks via the contact form or email. The objection corresponds to a termination of the paid membership by the Hub user, so that it ends with the expiration of the current billing period.

§5 User Rights and Obligations

5.1 Hub users are entitled to integrate the services using iframe technology on their own website, provided this is done within the framework of the service description and these GTC.

5.2 When Hub users integrate the services of sonares into their websites, they are obligated to do so freely accessible. Integration in a premium area, or behind a pay-wall is not permitted without explicit consent from sonares in writing.

5.3 Hub users acknowledge the privacy policy and cookie policies with approval.

5.4 Scientists who participate in ScienceHub or in the creation of individual services are obliged to adhere to the standards of good scientific practice.

5.5 Hub users are obligated to use ScienceHub and the services only within the framework of applicable laws and these GTC. In particular, it is prohibited for Hub users to integrate the services together with content that is unlawful, harmful to minors, pornographic, defamatory, or otherwise offensive.

5.6 Hub users may not use the ScienceHub for actions that are suitable to impair the operation of the ScienceHub or the security of the technical infrastructure. In particular, it is prohibited for users to hack, manipulate, or otherwise access the ScienceHub unauthorized.

5.7 Hub users may not use the services for actions that are suitable to impair the operation of the services or the security of the technical infrastructure. In particular, it is prohibited for Hub users to hack, manipulate, or otherwise access the services unauthorized.

5.8 Users may only operate the services manually and under no circumstances in an automated manner. The aim of our statistical evaluation of usage by real persons is to provide valuable and accurate information to science. The use of the services must not run counter to this principle.

5.9 Hub users are obligated to obtain consent from the visitors of their website for the setting of cookies or similar technologies by sonares in compliance with data protection laws.

5.10 Hub users are obligated to obtain the consent of the visitors of their website to receive personal data by sonares before displayed services are shown.

5.11 Hub users are solely responsible for all content that they integrate on their own website. They indemnify sonares from any liability arising in connection with the integrated content.

§6 Rights to names and logos of sonares

6.1 Hub users may use the name "sonares" in their communication to refer to us, provided they adhere to the following guidelines:

6.1.1 It must not be given the impression that sonares is acting as a partner for content outside the ScienceHub or is supporting another company.

6.1.2 When users refer to sonares, the name "sonares" may only be used in simple font and format. The sonares logo may never be used in sentences.

6.1.3 The spelling of sonares is always "sonares". The spelling for linking the ScienceHub or individual ScienceFacts is "sonares ScienceHub" or "sonares ScienceFacts". Other spellings, e.g. "Sonares", "Science Hub" or "Science Facts" are not permitted.

6.2 Hub users may use our logos beyond the purpose permitted in the GTC only if they have been explicitly permitted to do so by sonares in writing.

6.3 Hub users may use screenshots of our ScienceHub only if they have been explicitly authorized to do so by sonares in writing.

6.4 Screenshots of our published ScienceFacts may, however, be used at any time for reference purposes, should the respective Hub user have been involved in their creation.

§7 Copyrights

7.1 The rights of use for the copyrighted content of ScienceHub, including the integrated services, remain with sonares or the respective authors. The Hub users are only granted the simple – non-transferable – right to use the content within the framework of the service description and these GTC.

7.2 Reproduction, distribution, or any other use of the content that goes beyond the extent permitted within these GTC is prohibited without prior consent from sonares in writing or the respective author.

§8 Cooperation and Rights of Use

8.1 Sonares sees itself as a platform that makes scientific content tangible and accessible through cooperation with science and industry. Thus, we regard all Hub users who accept these GTC as cooperation partners.

8.2 Sonares is entitled to use the name, logo and, if applicable, user-specific profile characteristics (e.g. number of published ScienceFacts) of its cooperation partners for its own reference purposes (e.g. in a list of all cooperation partners on our homepage, in company presentations and similar).

8.3 Sonares is entitled to use the name and logo of its Hub users when citing sources in published ScienceFacts, provided these Hub users were involved in the creation of the respective ScienceFact.

8.4 The Hub user, if a legal entity or a scientist registered as a Hub user, is also granted the right by sonares to use the participation in ScienceHub, as well as information on published ScienceFacts for reference purposes.

8.5 A scientist registered as a Hub user is granted the right to be named in ScienceFacts he has created or co-created.

8.6 Cooperation partners who support the creation of individual ScienceFacts are also granted the right to be named in the respective ScienceFact.

8.7 Sonares shall receive the right to use the work results resulting from the cooperation without any restrictions in terms of time, space and media.

8.8 Cooperation partners are granted full access and the unrestricted simple right of use to the anonymized, statistical analyses and data collected through services developed in cooperation with them.

§9 Legal Disclaimer

9.1 We endeavour to provide correct information with our services. However, no liability is assumed for the correctness, completeness and up-to-dateness of the information, the calculation results and the availability of the services.

9.2 We also do not assume liability for the content of external providers that integrate our services on their site or that can be reached via links from our websites.

9.3 All claims for damages arising from the use or non-use, in particular in connection with decisions and actions taken on the basis of the services, are also excluded.

9.4 Although we endeavour to provide our services as uninterruptedly as possible, sonares does not guarantee the availability of its services and accordingly shall not be liable for any interruption thereto.

9.5 The ScienceHub offers the possibility of collaboration on various topics. However, it does not represent a guarantee of the same and sonares assumes no liability should the cooperation of individual actors not materialise despite their efforts.

9.6 In the event of a deletion of data, whether as a result of a user request in accordance with the German Data Protection Regulation, a technical defect or due to malware, sonares accepts no liability for the availability of the statistical processing.

9.7 Sonares accepts no liability for the functionality of the automatic, context-based display of the Services. In particular, the use of the crawler required for this purpose to recognise the context may require the cooperation or approval of the user's own IT department.

9.8 Otherwise, sonares is only liable for damages based on gross negligence or intent. In the case of slight negligence, sonares is only liable for the violation of essential contractual obligations.

9.9 Liability for indirect damage, in particular loss of profit, is excluded, unless the damage is due to gross negligence or intent on the part of sonares. Liability under the Product Liability Act remains unaffected.

§10 Modification of the GTCs

10.1 Sonares reserves the right to change or update these GTC at any time. Hub users will be informed about the changes via email or through the user account.

10.2 After the amended GTC, Hub users are granted a transition period of [3] weeks to agree to the new GTC. Afterwards, sonares will block access until the respective Hub user has given their consent.

§11 Final Clauses

11.1 The law of the Federal Republic of Germany shall apply with the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 The place of performance and exclusive jurisdiction for all disputes arising from these GTC is the seat of sonares, provided the Hub user is a merchant, a legal entity under public law, or a special fund under public law.

11.3 Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, a valid regulation that comes closest to the economic purpose of the invalid provision shall apply.

11.4 These GTC represent the complete agreement between sonares and the users and replace all previous oral or written agreements.

11.5 Transfers of rights and obligations from this contract by the Hub users require the express consent of sonares in writing.