Terms of use

Welcome to insights.smile.bi!

Please read the following terms and conditions of use applicable to visitors to the website https://insights.smile.bi (hereinafter referred to as the “website”). By using this website, you implicitly declare your agreement with these terms of use. The owner of the website reserves the right to change, delete or supplement the information on this website at any time without prior notice.

§ 1 Scope of application

  1. The following terms and conditions apply to the use of the Smile BI GmbH website (hereinafter referred to as the “Website”). In order to use the website, it is important that you as a user accept the following provisions.
  2. By using our website, you agree to the terms of use of our website. By agreeing to this, you guarantee that you will not create any posts that violate the terms of use.
  3. The object of Smile BI GmbH is as follows:
    – Definitions
    – Studies
    – Analyzes
    – Information material
    – Webinars
    – Blog posts
    – Pod- & Videocasts
    – Explanatory videos
    – Various other offers for download
    – Publication of self-created content on third-party websites (social networks, press, etc.)
  4. The above content, including all content published on the website or created for the website’s own purposes, is the property of the website owner and may not be used, modified or adopted without express permission.
  5. The content offered for download by the owner on the website is intended exclusively for mail order companies and manufacturers. The owner of the website reserves the right to exclude service providers and private individuals from receiving the content.

§ 2 Contact details and legal information

If you have any questions regarding our website, you can reach us using the following contact details:
Smile BI GmbH
Sonnenstrasse 14
80331 Munich

Phone: 089 / 242156500
Fax: 089 / 242156522
E-mail: sylvia.smyrek@smile.bi
Responsible for editorial content according to § 55 paragraph 2 RStV: Smile BI Team
Managing Director: Fabian Kaske
Register court: Munich Local Court
Register number: 163298

§ 3 Availability of the website

  1. Smile BI GmbH is available 24 hours a day. However, there may be interruptions in availability due to maintenance work required for the system. Interruptions in availability may occur due to force majeure or other causes for which Smile BI GmbH is not responsible, such as intent or gross negligence.
  2. Smile BI GmbH points this out:
  • that it is technically impossible to make the website available free of errors of any kind and that Smile BI GmbH therefore accepts no responsibility for this,
  • that errors can lead to the temporary shutdown of the website,
  • that the availability of these websites is dependent on conditions and services beyond the control of Smile BI GmbH, such as transmission capacities and telephone connections between the individual parties. We are not responsible for any disruptions in this area.

§ 4 Discussion forums

If Smile BI GmbH offers temporary or permanent discussion forums on its websites, participants in the discussion forums are expected to observe the usual rules of communication such as mutual respect. Visitors may not disseminate or publish any offensive, possibly derogatory, foul, indecent, defamatory or obscene material or material that infringes the intellectual property rights of third parties.

§ 5 Electronic communication

When you use a Smile BI GmbH service or send e-mails, text messages or other messages to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in various ways, e.g. via e-mail, text messages or by publishing electronic messages or other communication on our website or as part of other Smile BI GmbH services. For contractual purposes, you agree to receive electronic communications from us and that all consents, notices, disclosures and other communications that we provide to you electronically do not require written form, unless mandatory applicable law requires a different form of communication.

§ 6 Copyright and database rights

  1. All content included in or made available through any Smile BI GmbH service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of Smile BI GmbH or third parties who supply content or make content available on the website and is protected by German copyright and database right laws.
  2. The entire content contained in or provided by a Smile BI GmbH service is also the exclusive property of Smile BI GmbH and is protected by German copyright and database right law.
  3. You may not systematically extract and/or reuse parts of a Smile BI GmbH service without our express written consent. In particular, you may not use data mining, robots or similar data collection and extraction programs to extract any material part of a Smile BI GmbH Service for reuse (whether once or multiple times) without the express written consent of https://smile.bi. Furthermore, you may not create and/or publish your own database that contains essential parts of a Smile BI GmbH service without the express written consent of https://smile.bi.

§ 7 Patents

All patents registered for Smile BI GmbH are also applicable to all services and other products of Smile BI GmbH. It is possible that the respective patents are operated under one or more patents.

§ 8 Claims arising from intellectual property rights

Smile BI GmbH respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that gives rise to concern and infringement, please follow our procedure for notifying https://smile.bi of infringement.

§ 9 Liability

  1. We always endeavor to ensure that the services of Smile BI GmbH are available without interruption and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the services of Smile BI GmbH may also be interrupted or restricted from time to time to enable repairs, maintenance or the introduction of new facilities. We try to limit the frequency and duration of any such temporary interruptions or restrictions.
  2. Smile BI GmbH shall have limited liability insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by Smile BI GmbH or a legal representative or vicarious agent of Smile BI GmbH.
  3. Furthermore, Smile BI GmbH shall be liable for the slightly negligent breach of material obligations. Essential are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, Smile BI GmbH shall only be liable for the foreseeable damage typical of the contract. Smile BI GmbH shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
  4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  5. Insofar as the liability of Smile BI GmbH is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

§ 10 Links to other websites

  1. For links that are not operated by Smile BI GmbH and are located on other websites, we have no way of controlling the content of this website, as it is completely independent.
  2. For this reason, we accept no responsibility for the content of these websites and the consequences of their use by visitors. Accessing all websites accessible via links is at your own risk. There is no separate notice when users leave the website. However, we ask you to inform us immediately of any illegal or dubious content on the linked website.
  3. Other websites may have a link to the websites of Smile BI GmbH. Such a link requires our prior consent.

§ 11 Data protection

  1. It is possible that visitor and user data and information (date, time, page accessed) may be stored on the server. Please note that no personal data (e.g. name, address or e-mail address) will be stored without your consent.
  2. If personal data is collected, we undertake to obtain the prior consent of the user of the website. We undertake not to pass on any data to third parties unless the visitor or user gives their prior consent.
  3. We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
  4. The user has the right to information. You have the right to receive complete information from us about the data concerning you at any time and free of charge.
  5. Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
  6. Further information is provided separately in the privacy policy.

§12 Cookies

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

§ 13 Changes to the terms of use

We reserve the right to make changes to Smile BI GmbH services, rules and conditions, including these terms of use, at any time. You are subject to the general terms and conditions, contractual terms and conditions and terms of use in force at the time you use the services of Smile BI GmbH. If any of these terms are held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

§ 14 No waiver

If you breach these Terms of Use and we take no action, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Use.

§16 Final provisions

  1. The contract language is German.
  2. We reserve the right to make changes to our website, rules and conditions, including these terms of use, at any time. If any provision of these Terms of Use is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
  3. The invalidity of one provision shall not affect the validity of the other provision of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.