Standard Terms of Business

of Pidoco GmbH (referred to hereinafter as “Pidoco”)
Commercial Register: HRB 115010 B (Berlin-Charlottenburg Municipal Court)
Represented by Philipp Huy, Warschauer Str. 58a, 10243 Berlin, Germany
Email: contact@pidoco.com, Phone +49 30 4881 6385, Fax +49 30 4881 6390

In case of doubt, the German version of these terms and provisions shall prevail.

1. Description of Services

1. Pidoco offers fee-paying subscriptions for the Web-based technical system that it runs, which enables registered users to create, store and publish interactive software prototypes and then give other users an opportunity to edit them, comment on them and navigate them, and to capture, store and retrieve these actions, whereby the user may include both personal data and diverse content. At his/her own option, the user also has the possibility of restricting other users’ and the general public’s access to given areas and to specific information.

2. This service provides a simple way for user interfaces and navigation processes in applications to be modelled, and for test users to then verify their usability. To this end the user sends a link to the test user, who is then able to view the prototype and try out and comment on its various functions. The comments made, the actions performed and the speech information can be saved, retrieved and managed, so that the user can take notes and suggestions into account for improving the product created. This method enables user interfaces and navigation processes to be simulated for establishing the impression they make on test users.

3. The registered user can contact other users and encourage them to contribute towards developing the prototype. If the other users agree to do so, then a number of users can work on the same prototype either simultaneously or at different times.

4. Pidoco reserves the right to also provide a Mobile Edition of the service as an App for use on mobile devices. The exact scope of this App, details about its functions and the prices are stated on Pidoco’s website and in the respective App Store. To use the App, a connection is required via the user’s mobile phone network or service provider. The provision of a connection is not covered by Pidoco’s services. In this respect, the contractual terms agreed between the user and his/her respective network or service provider. With technology continuously developing further and owing to the large number of different mobile devices, it is possible that individual functions and features will not work on the user’s own mobile device, or can only be used to a limited extent. Details are provided on Pidoco’s website as to which functions can be used with which mobile devices.

5. Under a special agreement with the user, Pidoco also offers an Enterprise Edition of its service, whereby the user’s own Pidoco entity is hosted on a separate virtual server and can be adjusted to the user’s individual requirements. The Enterprise Edition can also be bought as a software solution and installed by the user on his/her own hardware. Details about these special services and the fees charged for them can be obtained from Pidoco’s website and the separate EULA that applies in this context.

2. Definitions

1. “User” means any individual or entity who or which has registered as a consumer or entrepreneur for the fee-paying service “pidoco” provided by Pidoco and uses said service. “Consumer” within the meaning of these Standard Terms of Business means any person who concludes a contract for a purpose which cannot be attributed to their commercial activities or self-employed work. “Entrepreneur” within the meaning of these Standard Terms of Business means any person who on signing the contract is acting in the context of their commercial activities or self-employed work.

2. “Test user” means any individual or entity to whom or which the user sends a link with an invitation to view, test and comment on the prototype.

3. “Service” means a Web-based software called “pidoco” which is offered on the platform at www.pidoco.com to fee-paying subscribers in the form of various “plans”, and with which user-interfaces and navigation processes, especially those of web and software applications, can be modelled, simulated, and tested.

4. “Content” within the meaning of these Standard Terms of Business means all the accessible content that a user posts on the platform, including in particular photographs, videos, texts (including weblogs and commentaries), musical compositions, graphics, sketches and personal data.

5. “Platform” within the meaning of these Standard Terms of Business means the entire system which Pidoco provides for the user at www.pidoco.com.

3. Scope of Application

The following Standard Terms of Business apply without exception to all declarations of intent, agreements and acts of contractual or similar nature done by and between Pidoco and the user. Any contradiction by the user on making reference to his/her own terms of business and/or terms of use is expressly refuted; such terms shall not become an integral part of any agreement unless Pidoco expressly confirms them in writing.

4. Registration, Realisation of a Contract, Costs, User Account

1. To register, the user clicks first of all on the corresponding link on the website of Pidoco, whereupon he/she is instructed to choose a user name and a password and provide his/her contact information. To be able to register and to use the service provided by Pidoco, the user must accept these Standard Terms of Business by checking a checkbox and then confirm registration by clicking on the corresponding button. The user is then sent a confirmatory email containing these Standard Terms of Business in writing. By clicking on the registration button the user makes a binding offer to conclude a contract of use. Pidoco accepts this offer by activating the service, which concludes the contract of use.

2. For a period of 31 days as from the activation date, the user can test the service free of charge first of all, whereby some functions may be restricted. Upon expiration of this period, continued use – except for use by special groups of users (cf. Item 4.3) – is against payment of a fee on principle. If the user wishes to continue the use of the service, he/she enters his/her payment details and chooses a billing cycle. By clicking on the corresponding confirmation button, the contract is renewed indefinitely as a fee-paying subscription (“plan”).

3. In its Academic Program, Pidoco offers scholars, students and teaching staff at educational facilities (schools, colleges, universities, etc.) free access to its service for exclusively non-commercial purposes. This is contingent on the user submitting written proof that he/she belongs to the aforementioned group of persons. Further details on the Academic Program can be obtained from Pidoco’s website. Non-profit organisations (“NPOs”) can also be granted a discount off the fee on submission of written proof of their status. Further information on this can likewise be obtained from Pidoco’s website.

4. The user is under obligation to provide correct data at all times, and any data required compulsorily or provided voluntarily on registration must be complete. In particular, the user is not permitted to enter the data of third parties without their express consent. Any person registering an entity, a partnership or a team (cf. Item 4.6) warrants moreover that he/she has been authorised to do so by such entity, partnership or team, and that the contacts and executive bodies specified in each case agree to their names being provided.

5. User accounts are not transferable and not hereditable.

6. As a matter of principle, each user account may only be used by one user. Use of a user account by anybody other than the registered user is excluded. However, more than one user can be registered in a so-called “team plans”, whereby the user provides the relevant email addresses for the team members. At the same time, the user must ensure that consent has been granted by each member of the team (cf. Item 4.4.).

7. If any change in the data provided occurs subsequent to registration, the user must immediately update his/her user account. Multiple registration under different user names is not permitted.

8. Each user must keep secret his/her password and email address (referred to hereinafter as “access data”) and protect same from access by unauthorised third parties. Pidoco must be notified immediately if the user mislays his/her access data, or establishes or suspects that his/her access data is being used by an unauthorised third party.

9. Pidoco reserves the right to turn down any user’s registration without stating the reasons.

5. Cancellation Policy

As a consumer (cf. Item 2.1) you have a statutory right of revocation, about which Pidoco provides the following information:

6. Payment

1. The prices apply that are in force on the date of registration and are given separately both during registration and on Pidoco’s website.

2. The user may select from the modes of payment given in the respective price list in force at the time. Credit card payments are handled via payment service providers, such as e.g. Wirecard. Detailed information on payment and the different means of payment are provided for users on Pidoco’s website.

3. Unless expressly agreed otherwise with the user, the fee for use must be paid in advance, whereby the following provisions apply:

If the user decides to subscribe to Pidoco’s service indefinitely after expiration of the initial free period, then a billing cycle must be chosen, and the relevant fee for each successive billing period must be paid in advance. The shortest possible billing period that can be selected is 1 month. Pidoco reserves the right to block the user’s access to the service, if the fee is not credited or not credited in full to Pidoco’s account.

In cases where a user has booked a subscription, the fee for the next billing period is collected by Pidoco at the close of the last day of the billing period about to expire. In the event of it being unable to collect the agreed fee for the next period of use, Pidoco reserves the right to block the user account until the fee has been credited to Pidoco’s account.

If the user opts for direct debit procedure or for credit card payment, he/she must ensure that the account always shows sufficient coverage. If this is not the case or if Pidoco’s debit transaction fails for any other reason for which the user is responsible, then the user must pay chargeback costs of EUR 30.00 for each failed attempt. The user is free to prove smaller losses; Pidoco reserves the right to prove bigger losses.

4. Each time the service is booked, Pidoco sends the user a corresponding invoice by email.

7. Placing Content on the Platform

1. The user can place all manner of content on the platform using his/her user account.

2. If the content being provided consists of complete electronic files, they must be uploaded in commonly used formats. Pidoco reserves the right to resort to an external hosting provider to store the user’s data. Pidoco also reserves the right to turn down or delete content supplied in a format not commonly used or which causes technical problems for other reasons.

3. No content may be placed on Pidoco’s platform which involves rights that are safeguarded by GEMA.

4. Pidoco reserves the right to turn down any user’s content. The user has no right to place content on the platform or have it retained there.

8. Rights of Use on Placing Content on the Platform

1. The user always retains all the rights in content posted or created on the platform. However, a user placing content on the platform grants Pidoco in perpetuity and without any territorial restriction the non-exclusive transferable right of use to the extent required for running the service. In particular, the user grants Pidoco the right to place the content concerned on the platform and to make any copies that are required for this purpose. Moreover, users to whom the service is made available free of charge in the “Academic Program” (cf. Item 4.3.) grant Pidoco in perpetuity and without any territorial restriction the non-exclusive transferable right to copy and circulate the content, and in particular to also make the content publicly accessible on Pidoco’s websites for advertising purposes.

2. Each user decides on his/her own responsibility whether to make the content he/she has placed on the platform accessible to other users or test users, and whether to permit downloading. Each user also decides individually on the extent to which other users and test users are granted rights of use, permitting them to enable public accessibility or make copies, or for other purposes.

3. The user shall receive no money payment in return for granting Pidoco the rights of use specified in Item 8.1 of these Standard Terms of Business. In return for the rights it is granted, Pidoco provides a service enabling simulations to be created and giving other users and test users the opportunity to view and test such simulations. This counter-performance is regarded by the parties as fair consideration.

9. Inadmissible Content

1. The user undertakes vis-à-vis Pidoco not to place any illegal content on the platform.

2. In particular, the user shall not use the platform for inserting, supplying, offering, advertising or providing access to any content (in particular musical compositions, videos, photographs or texts), which constitutes an offence under the Criminal Code [Strafgesetzbuch], the Controlled Substances Act [Betäubungsmittelgesetz], drug law [Arzneimittelgesetz] or gun control laws [Waffengesetz], and/or:

(a) which constitutes propaganda within the meaning of the Criminal Code, Sect. 86, or violates the constitutional system of freedom and democracy, or undermines the concept of international understanding;

(b) which uses the symbols of unconstitutional organisations within the meaning of the Criminal Code, Sect. 86 a;

(c) which incites hatred towards sections of society or towards any group distinguished by its nationality, race, religion or traditions; which encourages using force or taking arbitrary measures against such groups; or which impugns on others’ human dignity by making sections of society or any of the aforementioned groups the subject of insults, malicious contempt or slander;

(d) which in a manner suited to disrupt public law and order denies or belittles any act committed under National Socialist rule within the meaning of the Code of Crimes Breaching International Law [Völkerstrafgesetzbuch], Sect. 6 (1) and Sect. 7 (1);

(e) which portrays brutality and inhuman cruelty towards persons, thereby glorifying or belittling violence, or depicts the brutality and inhuman cruelty of such acts in a manner infringing human dignity; this also applies to virtual depictions;

(f) which serves as guidance for committing any of the illegal acts specified in the Criminal Code, Sect. 126 (1);

(g) which glorifies war;

(h) which infringes human dignity, in particular by portraying persons dying or who are or have been exposed to great physical pain or mental suffering, whereby a real incident is shown although no legitimate interest in such presentation or reporting exists (whether or not consent has been given is of no significance);

(i) which depicts minors in unnatural sexually suggestive poses; this also applies to virtual depictions;

(j) which is pornographic and involves violence, child sexual abuse, or humans performing sexual acts with animals; this also applies to virtual depictions; or

(k) which is included in Parts B and D of the list pursuant to the Young People’s Protection Act [Jugendschutzgesetz], Sect. 18, or has the same or similar content as any work included in said list (absolute ban within the meaning of the Treaty on the Protection of Minors in Broadcasting & Telemedia [Jugendmedienschutzstaatsvertrag], Sect. 4 (1).

3. Moreover, the user shall not insert, supply or offer any content on the platform:

(a) which otherwise constitutes pornography;

(b) which is included in Parts A and C of the list pursuant to the Young People’s Protection Act, Sect. 18, or has the same or similar content as any work included in said list;

(c) which is evidently apt to jeopardise the development of children and young people into responsible and acceptable members of the community, taking into account the particular influence of the medium used for distribution (relative ban within the meaning of the Treaty on the Protection of Minors in Broadcasting & Telemedia, Sect. 4 (2).

4. The user must specifically notify Pidoco about any content that may jeopardise the development of children and young people into responsible and acceptable members of the community, in particular content which under the Young People’s Protection Act is not rated suitable for minors in the respective age group, or is similar to products not rated suitable for minors in the respective age group under said statute (products detrimental to development within the meaning of the Treaty on the Protection of Minors in Broadcasting & Telemedia, Sect. 5 (1) and (2).

5. Moreover, all content is illegal

• which is of a libellous or discrediting nature;
• which constitutes an invasion of privacy or an infringement of other personal rights;
• which constitutes an infringement of copyright, ancillary copyright or the right to a name;
• which may be contested or prosecuted under civil or criminal law.

6. Users are likewise prohibited from inserting, offering, advertising and/or organising chain mails, pyramid schemes, contests, lotteries, bets or other inadmissible games of chance within the meaning of the Criminal Code, Sect. 284 and Sect. 287.

7. Users are moreover prohibited from placing hyperlinks to third-party services in their simulations, if the content of the linked pages falls into any of the categories listed above.

8. Content breaking the above rules and any other offensive content can be reported to Pidoco by users directly, using procedure specially provided for the purpose.

10. Code of Conduct (handling other users’ data, non-disclosure, harassment, data mining, viruses, etc.)

1. Users may not disclose another user’s personal data to the public or to other platform users, if the user concerned has specified that his/her personal data is not to be made visible to anybody or only to certain users.

2. Messages sent via the platform by one user to another may only be made accessible to third parties by the recipient with the consent of the party originally sending the message. Links, passwords, codes, serial numbers and similar data may not be published or exchanged on the platform.

3. At the user’s request, Pidoco will enable other users to give their views and comments on the respective simulation. However, each user is expected to observe a minimum degree of respect and courtesy: the principle of fair play applies on the platform just as in real life.

4. Users may not apply any methods which – for the purpose of obtaining information either manually or automatically – extract, store, process, alter, pass on or otherwise misuse the data on the platform.

5. Viruses, Trojans, and any scripts, programmes or codes causing similar damage must not be introduced to the platform. The same applies to denial-of-service attacks or similar interference with the platform and/or individual simulations (e.g. hacking).

11. Pidoco’s Trademarks & Other Protective Rights

1. The name Pidoco is protected under trademark law.

2. The user acknowledges that Pidoco has sole title to all and any rights in Pidoco’s service and label, including trademarks, patents, copyrights and licenses, and to all other rights and equivalent entitlements in relation to the user. In particular, the user is not granted any rights of use whatsoever in the Pidoco software. The user is thus prohibited in particular from copying, adapting or publishing the Pidoco software, from detecting the source code for the software, from selling or assigning the software, from granting any sub-licenses in the software, and from transferring any rights whatsoever in the software.

12. User’s Warranty

1. The user warrants and represents to Pidoco that he/she is able and entitled to assign the rights to the extent specified in Item 8.1.

2. The user warrants and represents moreover that he/she shall not place any content on the platform which interferes with third-party rights or breaches Item 9 of these Standard Terms of Business. The user must verify whether content interferes with third-party rights if there is anything to suggest that this may be the case, e.g. in particular:

• if works protected by copyright are used (even when alienated), which have not been created by the user him-/herself, such as e.g. videos, photographs, graphics or texts, or if a video for instance contains music composed by third parties; sketches giving directions, extracts from city maps and road maps and suchlike are also generally protected under copyright law;
• if videos contain performances or extracts that are protected by copyright or ancillary copyright, such as e.g. recordings of concert, theatre or circus performances, etc., or make use of any other works or extracts that are protected under ancillary copyright, such as e.g. television broadcasts or programme presentations and summaries;
• if third parties have contributed towards making the content in such a manner that they may have acquired ancillary copyrights, e.g. for recording, direction, cut, sound, camera, etc.;
• if the content involves personal particulars or other sensitive information about individuals or groups, unless the user has been granted the necessary approvals and/or rights of use;
• if third parties are depicted on photographs and videos in such a manner that the viewer perceives them as having more than background significance for the picture or video, unless the user has obtained express approval in each case.

13. User’s Liability

1. The user is solely responsible for obtaining all the rights of use, as well as for all the contributions and all the content he/she places on the platform. If a third party acquires knowledge of an alleged infringement of rights and issues well-founded written notification to this effect, Pidoco reserves the right to block the content concerned. Pidoco shall then give the user an opportunity to comment within a reasonable period on the infringement of rights being claimed. If the user fails to comment, or if the comments fail to eliminate reasonable doubts as to the legality of the content posted on the platform, Pidoco reserves the right to delete the content concerned.

2. In the event of third parties asserting claims on Pidoco because the user or other users or test users authorised by the user have culpably breached their obligations regarding the granting of rights of use, the user shall release and discharge Pidoco from all and any liability and costs, including any costs for legal proceedings. Pidoco shall immediately notify the user about any claims brought against it, and insofar as is legally required and/or possible it shall give the user an opportunity to ward off the claim being asserted.

3. The same applies to any claims asserted by third parties if the subject-matter of the content posted on the platform – irrespective of its authorship – culpably infringes rights held by any third party, in particular exploitation rights or droit moral under copyright law, or culpably breaches other statutory regulations (such as e.g. prohibitions under fair trading law).

14. Pidoco’s Guarantee

Pidoco does not assume any guarantee as regards the results which may be achieved by using its service, or regarding the accuracy and reliability of any information obtainable through the service. In all other respects, Pidoco’s guarantee obligations are governed by law.

15. Maintenance Slots

Pidoco always offers the latest version of its software. This means that at regular intervals its service has to be interrupted for maintenance work, for which Pidoco plans slots lasting for up to twelve hours. Pidoco endeavours to do maintenance work at times when only few users are logged in, in particular at weekends. Pidoco informs users about work it is intending to do on the software at least 3 days before the planned maintenance slot.

16. Pidoco’s Liability

1. Asserting claims for damages on Pidoco, for whatsoever legal cause, is excluded. This does not apply if Pidoco, its statutory representatives or vicarious agents have acted with intent or gross negligence. If any damage sustained by the user is a result of loss of data, Pidoco shall not be held liable insofar as the damage would have been avoided if the user had saved all the relevant data at regular intervals. Pidoco’s liability for damage that is not typical or foreseeable for the type of contract is excluded.

2. The above limitations of liability do not apply to claims for damages resulting from injury to life or limb, impairment to health, the assumption of a guarantee, a breach of cardinal duty, or fraudulent concealment of defects by Pidoco.

3. The provisions laid down in Product Liability Law [Produkthaftungsgesetz] remain unaffected.

4. Insofar as Pidoco’s liability is excluded, this also applies to Pidoco’s associates and to the personal liability of the workers, employees, staff, representatives, partners and vicarious agents of Pidoco and/or its associates.

17. Breaches of the Standard Terms of Business

If a user breaches these Standard Terms of Business, Pidoco shall be entitled to issue a warning and/or to either temporarily or permanently block the user’s account in order to enforce compliance. Warnings are issued in writing, and the user is notified in writing about any blocking of his/her account. In addition, extraordinary notice terminating contractual use may be issued (see Item 18.2).

18. Term & Termination of Agreement on Use

1. The contract runs indefinitely as a fee-paying subscription (“plan”). Upon expiration of the free trial period, the user enters his/her payment details (see Section 4.2 of these Standard Terms of Business). Without stating reasons both the user and Pidoco may each terminate the contract, with effect as from the end of any billing period chosen by the user on entering his/her payment details (cf. Item 6.3), by issuing routine notice to the other at least fourteen days before the end of said billing period. Notice of termination must be issued in writing (e.g. by letter or email). Notice of termination by the user must be sent to: Pidoco, Warschauer Str. 58a, 10243 Berlin, Germany or service@pidoco.com and must state his/her user name and email address.

2. The right to give extraordinary notice remains unaffected. Pidoco may issue extraordinary notice in the event of a breach of these Standard Terms of Business and in particular of the obligations stipulated in Item 8 and Item 9 hereunder; in the event of a breach of the obligation to correctly state the required data (in particular imposture); and for important cause, in particular if access data is lost or if it is suspected that access data is being used by an unauthorised third party. Pidoco may give notice by deleting the user account concerned and any content in it.

3. If Pidoco blocks a user account or gives notice for important cause, the user concerned is prohibited from re-registering on the platform and opening a new user account until Pidoco has given its express prior consent.

19. Data Protection

Pidoco attaches the greatest importance to compliance with regulations under data protection law and to the protection of the user’s personal data. Pidoco’s data protection policy complies with the Federal Data Protection Act [Bundesdatenschutzgesetz] and the Telemedia Act [Telemediengesetz]. Details on how the user’s data is handled are provided in our Privacy Policy.

20. Newsletter

If the user has registered for our Newsletter, Pidoco regularly sends emails to the address the user has provided, containing news about all the services and features Pidoco offers. The Newsletter is an editorial publication and can be cancelled at any time by sending an email to service@pidoco.com. Attention is drawn to this in every single Newsletter.

21. Amendments to the Standard Terms of Business

Pidoco reserves the right to amend these Standard Terms of Business and to extend its service to include new features. Users are notified in writing or electronically about any amendments or about new Standard Terms of Business. The user is allowed a period of 14 days to decide whether to accept the amendments or the new Standard Terms of Business. During this period, the user may continue unchanged to use Pidoco’s service under these Standard Terms of Business. In the event of the user deciding not to accept the amendments or the new Standard Terms of Business, Pidoco reserves the right to exercise its right to issue routine notice of termination. On its website, Pidoco shall draw users’ attention to the period allowed, the deadline and the right it has reserved to give notice.

22. Final Provisions

1. If the user is a registered merchant within the meaning of the Commercial Code [Handelsgesetzbuch], a public corporation or a government agency managing public assets, Berlin shall be venue for all and any legal disputes arising directly or indirectly from the contractual relationship between Pidoco and the user.

2. The contractual relationship between Pidoco and the user and these Standard Terms of Business shall exclusively be governed by German law, excluding German regulations on conflict of laws.

3. The contract can be concluded in German or in English. If any conflict emerges between the German and the English version, the German version shall be exclusively authoritative. Other than the information which the user is sent with the confirmation of registration and with the invoice (cf. Item 6.4.), the wording of the contract is not stored by Pidoco subsequent to contract closure and is not accessible via the Internet. However, Pidoco’s Standard Terms of Business are also available on its website and can be downloaded and printed out at any time.

Revised: 6 July 2012