These Terms of Service (“Terms”) govern the use of the Axess Intelligence platform and associated services (“Platform”). By signing a proposal issued by Axess Intelligence GmbH (“Proposal”), you (“Customer”) enter into a binding agreement consisting of (i) the Proposal and (ii) these Terms (together, the “Agreement”).
If any conflict arises between the Proposal and these Terms, the Proposal prevails for all commercial matters.
1. License Grant
Axess Intelligence grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during the contractual period defined in the Proposal.
Access is permitted solely to Customer’s employees unless Axess Intelligence provides prior written consent for additional users.
2. Acceptable Use & Restrictions
Customer may not, and shall not allow any third party to:
- sublicense, distribute, rent, lease, or otherwise provide Platform access
- reverse engineer, decompile, disassemble, or create derivative works
- circumvent or interfere with platform security
- scrape, extract, copy, or harvest Platform data (automated or manual)
- publicly present, resell, or share Platform data without written approval and required attribution
- use the Platform or data to develop, train, or support competing products or services
- use robots, crawlers, or other automated tools to access the Platform
- remove or obscure Axess Intelligence branding or proprietary notices
- use the Platform unlawfully, abusively, or in violation of third-party rights
Axess Intelligence may suspend access if misuse, abuse, or security risk is suspected.
3. Intellectual Property
All rights, titles, and interests in the Platform, including software, algorithms, data structures, analytics, and trademarks, belong exclusively to Axess Intelligence and its licensors.
No rights are granted except those expressly stated in this Agreement.
4. Fees & Payment
All fees, payment terms, billing frequency, and taxes are defined exclusively in the Proposal.
Invoices are payable within the timeline stated in the Proposal.
All fees are non-refundable unless required by mandatory law.
VAT or other applicable taxes will be applied based on Customer’s jurisdiction; reverse charge may apply.
5. Term, Renewal & Termination
The Agreement’s duration, renewal rules, termination rights, and notice periods are governed exclusively by the Proposal signed between Axess Intelligence and the Customer.
These commercial timing terms are not governed by these public Terms & Conditions.
6. Platform Availability, Changes & Suspension
Axess Intelligence will operate the Platform in a professional manner.
The Platform is otherwise provided on an “as is” and “as available” basis, without any uptime or service-level commitments.
Axess Intelligence may modify, update, enhance, or discontinue parts of the Platform at any time, provided such changes do not materially degrade the core service.
Axess Intelligence may also suspend or restrict access to the Platform, in whole or in part, if:
(a) Customer breaches these Terms,
(b) Axess Intelligence reasonably suspects misuse, abuse, security risk, or unlawful activity, or
(c) suspension is required to comply with applicable law or regulatory obligations.
Suspension may remain in effect until the underlying issue is resolved.
Axess Intelligence may notify Customer of a suspension where reasonable and lawful to do so.
7. Data Sources & Accuracy Disclaimer
The Platform aggregates and processes third-party communications using automated and AI-driven methods.
Axess Intelligence does not guarantee:
- completeness of collected communication data
- accuracy of data, classifications, or insights
- reliability or suitability of analytics for specific decisions
Customer uses the Platform at its own discretion and risk.
8. Warranties
Except as expressly stated in these Terms:
- the Platform is provided without warranties of any kind
- no implied warranties apply (merchantability, fitness for purpose, non-infringement, uninterrupted access)
Each party warrants that it has the legal authority to enter into the Agreement.
9. Limitation of Liability
To the maximum extent permitted by law:
- neither party is liable for indirect, incidental, punitive, special, exemplary, or consequential damages
- total liability for all claims is limited to the fees paid by Customer in the six (6) months preceding the claim
- no claim may be brought more than 12 months after Customer becomes aware of the issue
10. Confidentiality
Both parties agree to keep confidential all non-public information disclosed during the Agreement.
Confidentiality obligations:
- survive termination
- allow disclosure required by law or regulator
- allow sharing with employees, advisors, affiliates on a need-to-know basis
11. Marketing & Publicity
Unless otherwise agreed in writing, Customer grants Axess Intelligence a non-exclusive, worldwide, royalty-free right to use Customer’s name and logo for marketing and reference purposes, including:
- the Axess Intelligence website
- presentations, pitch decks, sales materials
- customer lists and marketing collateral
- investor materials
- trade fairs and industry events
Axess Intelligence will follow Customer’s brand guidelines where provided.
Customer may withdraw permission for future use at any time via written notice.
12. Changes to These Terms
Axess Intelligence may update these Terms from time to time. Updates become effective upon publication on the Axess Intelligence website.
Updates do not affect the commercial terms, pricing, duration, or renewal conditions set out in an executed Proposal, which remain binding for the applicable contractual term.
13. Governing Law & Jurisdiction
This Agreement is governed by the laws of Germany.
The exclusive jurisdiction for all disputes is Cologne, Germany.
