(1) If you (hereinafter referred to as "Customer") purchase from us, 4BetterDevices services:
• Buy a license for a SaaS
software: Evidence
• and/or enter to our consulting services
• and/or use services (e.g. free advice videos, webinars, subscribe to newsletters / mailings)
These General Terms and Conditions (GTC) shall apply exclusively. We do not permit the use of our services without prior acceptance of our GTC.
(2) By concluding a contract with 4BetterDevices, the Customer confirms that they are an entrepreneur within the meaning of Section 14 Paragraph 1 of the German Civil Code (BGB), acting in the course of their commercial or independent professional activity. The provider does not provide its services to consumers.
(3) All agreements made between you and us in connection with the respective service contract shall result from these terms and conditions and from individual agreements concluded with you.
(4) The version of our General Terms and Conditions that is valid at the time of use of our services shall apply.
(5) We do not accept any differing terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
We provide the Customer with regulatory consulting services and access to our software solutions, including Evidence, depending on the services booked. The specific scope of consulting or software use is defined in the individual agreement or offer concluded with the Customer. We support Customers in literature analysis, regulatory strategy, and document preparation; however, we do not guarantee the completeness, accuracy, or correctness of third-party sources or literature.
Unless expressly agreed otherwise in writing, we are not obligated to achieve a specific outcome or produce a specific work result. Our services are usually provided remotely, but other methods may be used if jointly agreed.
Beyond providing the services booked by the Customer, we do not guarantee any commercial success, regulatory approval, or other specific results.
The presentation and promotion of our services on our websites, brochures or within advertisements (for example on LinkedIn or Facebook) does not constitute a binding offer to conclude a contract with us.
The contract between us and the customer can be concluded remotely (video chat, telephone, etc.) or in writing. If the contract is concluded remotely, the customer is not entitled to receive the contract details from us again in written form, unless otherwise agreed.
A telephone or video call may be recorded for documentation purposes only if the Customer gives explicit consent immediately before the start of the recording. Without such explicit consent, no recording will take place.
We will promptly confirm receipt of your orders and requests submitted via our websites/video chat by email. Such an email does not yet constitute a binding acceptance of the order unless it explicitly states acceptance in addition to confirming receipt. This is particularly the case if you are granted immediate access to your order (for example, by receiving immediate access to the Evidence software).
The customer's contractual partner is 4BetterDevices a company registered under German laws, its headquarter in Glogauer Str,7,D-53117 Bonn, Germany, registration number HRB 27153.
If it is not possible to provide the services you have ordered, for example due to technical reasons, we will refrain from issuing an acceptance declaration. In this case, no contract will be formed. We will inform you of this immediately and promptly refund any payments already received.
All prices quoted by us are net prices and are subject to statutory value added tax.
Our services will be provided at the times specified in the main contract with the customer.
Unless otherwise agreed with us, the customer is obligated to make advance payment. The agreed remuneration is due immediately upon conclusion of the contract.
Payment for our services is generally due in full upon conclusion of the contract, unless otherwise agreed in an individual contract with the customer.
Payment options include credit card, SEPA direct debit, and payment by invoice. Other payment methods are not offered and will be rejected.
Customer shall receive an invoice for the booked services upon request (email).
The contract is concluded for the fixed term agreed in the respective main contract. For the software Evidence subscription, if the main contract does not specify a term, a fixed term of twelve months shall be deemed agreed.
Unless otherwise stipulated in the contract, the cooperation shall end at the end of the mission contracted by the customer or after the end of the subscription to our software Evidence.
The customer's right to terminate the contract prematurely is excluded, except in cases of statutory grounds for extraordinary termination.
In the event of early termination by the customer, our right to remuneration remains unaffected.) Access to the Evidence software automatically ends upon the expiry or termination of the subscription. The Customer is responsible for exporting or securing any data or documents before the subscription ends. After the end of the subscription, we are not obligated to store or provide continued access to Customer data.
Time limits for the provision of services by us do not begin until the invoice amount has been received by us and as agreed, the data necessary for the services are fully available to us or the necessary cooperation has been fully provided.
If the customer is in default with payments due, we reserve the right not to perform further services until the outstanding amount has been settled.
If the customer defaults on a payment due to us in the case of payment by installments, we are entitled to terminate the contract without notice and discontinue services. We will claim as damages the entire remuneration that would have been due until the next regular termination date. Any expenses saved will be deducted.
We will perform the agreed services in accordance with the offer with due diligence. We are entitled to use the assistance of third parties/service providers.
It is agreed that, unless otherwise explicitly agreed in writing, we owe the provision of services and not the production of a work.
If we are prevented from providing the agreed services and the reasons for the impediment originate from the customer's sphere, our right to remuneration remains unaffected.
All published content, including images, videos, texts, webinars, databases, and the Evidence software is our exclusive intellectual property. Unauthorized use, copying, modification, or distribution in any form is strictly prohibited.
The Customer is granted a non-exclusive, non-transferable right of use, limited to the duration of the Contract, for the content and functionalities made available through the Evidence software and any associated servers to which we provide access. Any transfer, disclosure, reproduction, or distribution of this content to third parties is strictly prohibited. In the event that the Customer reproduces protected content or provides access or materials to unauthorized third parties, a contractual penalty—set by us at our reasonable discretion and subject to review by the competent court in case of dispute—shall become immediately due
The customer does not receive any right of use with regard to advertising texts / advertisements that we publish on our websites or within forums / groups.
We reserve the right to take legal action in the event of infringements of paragraphs 1 or 2. Such infringements may also lead to immediate suspension of access to our services.
We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
In all other cases, unless otherwise stipulated in paragraph 3, our liability is limited to breaches of contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on which you, as the customer, may regularly rely, and is further limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of paragraph 3.
Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
In fulfilling its duty to cooperate, the Customer shall provide us exclusively with content of any kind, including documents in any format, texts, images, videos, and audio files, that is free of third-party rights. The Customer shall fully indemnify and hold us harmless from all third-party claims arising from any such infringement.
We do not assume liability for the accuracy, completeness, or currentness of third-party data, literature, or external content used within the Evidence software or provided to us by the Customer during consulting engagements.
We only enter into contracts with businesses as defined in §14 para. 1 of the German Civil Code (BGB). There is no right of withdrawal for contracts concluded with businesses, whether in writing or by telephone.
The protection of personal data is of utmost importance to us. We therefore provide separate information in our privacy policy about the collection, storage, and processing of personal data, as well as about the related rights of data subjects. You confirm that you have read and agree to our privacy policy before using our services.
You revocably consent to being contacted by our company via remote communication methods (e.g., email, SMS, telephone, messenger services, Facebook chat, WhatsApp). Should you object to being contacted by us, you must send us an email to: info@evidence.systems. In your objection email, you must specify all contact methods through which we may no longer contact you. Any incompleteness in this regard is not our responsibility. The decisive factor is the actual receipt of your email by us.
Personal data is processed solely in accordance with the GDPR and as described in our Privacy Policy. Marketing communication requires the Customer’s explicit consent, which can be withdrawn at any time. Consent is not required for communication essential to fulfilling the contract.
If personal data is transferred to third-party providers (for example, hosting providers or communication platforms), such transfer takes place strictly in accordance with the GDPR and, where applicable, using appropriate safeguards for international data transfers. Further details are described in our Privacy Policy.
We are entitled to use the customer's name and the logo used for their company, along with details of the services provided to the customer, as a customer reference in our advertising. This will be done exclusively in a manner that is customary and reasonable for the customer. The Customer may object to the use of their name or logo for reference purposes at any time by notifying us in text form.
German Law shall apply.
Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Bonn, Germany.
In the case of contracts concluded via video chat, the contract text will be stored by us for a period of 6 years after conclusion of the contract due to legal retention obligations.
The language of the contract is English.