General Terms of Service (TOS)

Key Imformation

We, the authorised individuals and employees of the max.recall information systems GmbH team, offer you via our websites www.max-recall.com and www.quantalyze.com (hereinafter “Websites”) innovative and, in this form, unique online services. www.quantalyze.com provides you with a service for the semantic annotation of and search for quantities and measurements such as temperatures, dosages or sums of money in text documents, especially patents. www.quantalyze.com allows experts in information-rich and research-intensive sectors to combine searches for numbers and ranges of values with document full-text searches. We welcome the opportunity to be allowed to persuade you of the benefits of our services.

Scope

These terms and consequently the TOS constitute an integral part of all contractual relationships between max.recall information systems GmbH (hereinafter “max.recall”) on the one hand and the User of the Website www.max-recall.com and the Website www.quantalyze.com on the other. Any terms and conditions of business of the User are expressly rejected. The most recent version of the TOS shall apply to all future transactions between the contractual parties, even if they are not referred to again in a future contract.

max.recall services

max.recall provides the User with an information system via the www.max-recall.com and www.quantalyze.com Websites. The information systems provided by max.recall (hereinafter the “System” or the “Systems”) enable the computer-assisted capturing, storage, processing, analysis, utilisation, arrangement, transfer and display of information and data.

The information system on www.quantalyze.com provides a service (hereinafter “quantalyze”) for the semantic annotation of and search for quantities and measurements such as temperatures, dosages or sums of money in text documents, especially patents. quantalyze allows experts in information-rich and research-intensive sectors to combine searches for numbers and ranges of values with document full-text searches. Your research is thus more comprehensive as you are able to identify more relevant documents.

quantalyze allows you to:

identify specifically those documents which contain exact values and ranges of values (e.g. 0.4 or seven million) or units (e.g. degrees Celsius, kilograms, centimetres, etc.);
search in/for intervals such as “70 °C to 80 °C”; the relevant documents are therefore identified, which contain a temperature value within this interval;
conduct a transparent search beyond the limits of various units. The identified measured values are converted automatically into an international standard unit. A search request for documents which contain the measured values in an interval of “50 to 60 mm” will also return a list of documents containing specified lengths of 2.1259 inches (approx. 54 mm);
search across languages as the indexing and semantic annotation of physical dimensions is performed in more than one language;
combine the functions listed above with state-of-the-art full-text searches and filter mechanisms.

quantalyze is a hosted service. This means there are:

No downloads.
No software installations.

Any services which are not expressly listed as being performed by max.recall in the TOS or which may not be expected without any doubt to be supplied together with the provided services are considered to be excluded from the scope of supply in the event of doubt. Should any such services be provided, max.recall is entitled to suitable consideration.

Duration

max.recall endeavours to allow the User access to the research in any generated and paid for projects for as long a period as possible. However, the User – irrespective of the fact the max.recall is entitled to cease operation of the website – acknowledges that max.recall is entitled to block access to any generated and paid for projects at the latest 12 months following payment of the basic fee for the project in question and to delete the information and data stored with regard to this project.

Payment

Once a user account has been created, the User is obliged to pay for the requested service in advance according to the most recent price list. The payment for quantalyze consists of a basic fee for each project created and a processing fee per document. It is not possible to refund any payments even if the service paid for has not then been used. By paying the service charge in advance, the User is entitled to use the max.recall e-mail support service with which max.recall will provide the User with technical support with respect to using the service no later than three business days following a request by e-mail. However, this support service is not charged for by max.recall, with the result that the User has no right to it so that if the requested support is not provided or the support service ceases to be offered, the User is not entitled to make any legal claims.

Responsibility of the User

The User is solely responsible for all content and data such as graphics, text, audio or video files or software which they make available, exchange or published via the Websites and is therefore liable to max.recall for any loss or damage which may result from such content. The User guarantees and vouches that:

downloading, copying and using such content does not breach any intellectual property rights such as but not exclusively copyright, patents or trademarks of third parties;
the User, if its employees have intellectual property rights to the content, including software, has the agreement of these individuals to use the content including software as part of the use of the Websites or the aforementioned individual has waived these rights;
the User has obtained all necessary licenses for the content, in particular any software;
the content does not contain any viruses, worms or Trojans, or is generally likely to threaten, damage or destroy any data.

max.recall is entitled at its own discretion to delete any content which max.recall considers being contrary to the essence of the contract or policies of max.recall, or which pose a legal or practical risk to max.recall. In this instance, max.recall is also entitled at its own discretion, to block access to and the use of the Websites or their individual functions. In this instance, max.recall is not obliged to refund the payment for the services received.

Responsibilities of max.recall

It is not possible for max.recall to check all the content and data or software provided on the Websites with regard to their content and technical state and it therefore accepts no liability for its use. The operation of the Websites does not mean that max.recall endorses or supports the retrievable content, considers it to be useful or risk-free, has checked the available content and data for accuracy, technical inaccuracies, or typographical or any other errors, or whether the content contravenes any legislative provisions, or whether downloading, copying or using the data or content may violate the intellectual property rights or any other rights of third parties. The user is solely responsible for undertaking all measures necessary to protect their IT system against viruses, worms or Trojans, or any other content potentially harmful to or likely to damage the data. Freedom from viruses is therefore not part of the stipulated subject matter of the contract so that max.recall is in no way liable for this. max.recall therefore does not accept any liability for damage or loss which may be incurred when visiting the Websites or downloading content from the Websites.

Links to other sites

It is not possible for max.recall to comprehensively check all the content, including software, available on the Websites and linked sites, nor the links themselves. max.recall has no influence over any sites which it does not operate itself and is therefore not responsible for their content or use. The existence of a link does not mean that max.recall represents the content of the linked site. The user is solely responsible for undertaking all measures necessary to protect their IT system against viruses, worms or Trojans, or any other content potentially harmful to or likely to damage the data. max.recall waives all liability for any damage incurred by using linked sites.

System availability

The Systems, content and information provided to the User are prepared with the utmost care. However, max.recall, its licence provider and other contractual partners do not accept any liability, guarantee or warranty for the accuracy, completeness or currentness of the Websites, the Systems, content and other services, their suitability for a specific use or their continuously uninterrupted availability. The User uses the Systems, downloads content, receives information and uses the Websites at their own risk. In particular, max.recall accepts no liability for the fact that the provided Services are sufficient for the requirements of the User or yield the desired economic outcome for the User. The User is therefore solely responsible for all output and results received from the Systems, services and content provided by max.recall. max.recall also waives all liability for any loss or damages which the User may incur as a result of concluding or not concluding a business transaction on the basis of the Systems and services provided by max.recall. The User has no right to be provided with information about the sources of information and the processing of the data.

Insofar as liability is not generally excluded, max.recall is only liable in the event of intentional actions or omissions or extreme gross negligence – in the consumer business in the event of intentional actions or omissions or gross negligence – and only in the event of a breach of reasonable control obligations. The liability sum of max.recall is in any event limited to the payment that has been made to max.recall by the User within the previous 12 months from the enforceability of a claim against max.recall.

max.recall is not liable for any direct or indirect consequential losses, lost profit, declarative damages or financial damages or the costs of replacement good or services which may arise from the use of the Websites, Systems and services or from the loss and/or manipulation of data or the misuse or loss of any transmitted access data.

Links to other sites

System availability

Notwithstanding that max.recall is essentially not liable for the availability of the Websites and the uninterrupted access to the Systems provided and the use of any other services, max.recall is entitled to limit the Systems and services or add new services or functions to the Websites. Such new services or functions are also subject to these TOS. The Websites and Systems are essentially available to the User 24 hours a day. However, max.recall is entitled to cease operation of the Website without cause. In doing so, max.recall is neither liable for the uninterrupted use of the Systems or the uninterrupted availability of Services, nor the guaranteed future use of the Systems and the availability of Services. max.recall is therefore not liable for any damage or loss which may result from the Systems or services being unusable.

Limitation of liability

Responsibilities of the User

The User declares and guarantees that (i) the Websites are used strictly in accordance with these TOS, the data protection policy and any other applicable legal provisions (including any regional regulations of the state, federal state, city, municipality or administrative region or district in which the User is registered or from which the User uses the Websites), in particular but not restricted to any which standardise online codes of conduct or the transmission of data from Austria to the country in which the User is registered and that (ii) the use of the Websites does not infringe upon or violate the intellectual property rights of third parties.

The User is also obliged to refrain from using any software, technical devices or data which may lead to changes in the Systems, the content of the database or the Websites. Should the user breach any legal regulations by or with respect to using the Websites or any of the Systems or content available thereon, they shall indemnify max.recall against any resulting claims of third parties.

Intellectual property

Neither the conclusion of this contract nor use of the Websites constitutes a transfer of intellectual property rights from max.recall to third parties or the User. All intellectual property rights remain the exclusive intellectual and real property of max.recall with respect to third parties and any licensers.

In particular, the name max.recall, the max.recall logo, the name quantalyze, the quantalyze logo and all graphics and any other logos connected to the services provided on the Websites, the Websites themselves and any documentation and organisation of the Systems are subject to protection under company law, copyright, competition law and/or trademark law, and are the intellectual and real property of max.recall or third parties, so that using the Websites does not grant the User any rights or licenses. The User is prohibited from entering any requested and respectively analysed data, content or information in other public systems. The User must refrain from anything which may allow them or third parties to simulate the Systems and their contents.

To prevent the breach of any intellectual property rights of third parties, max.recall recommends that the User informs max.recall immediately the User is of the opinion that the content of the Websites or the content of linked websites has breached their intellectual property rights. max.recall shall investigate the alleged breach and respond to any queries with respect to the intellectual property rights of the User, and remove any content or links to web pages which make such material available. In the event that the User infringes the intellectual property rights of max.recall or a third party, or there is a risk of this occurring, max.recall is entitled to delete or block access to the Websites. In this event, max.recall is not obliged to refund any payment already received.

Contract amendment

max.recall is – insofar as this may be stipulated – entitled to amend or supplement this agreement at its own discretion. The User is therefore obliged to check these TOS for amendments on a regular basis. In continuing to use the Websites or the account following the publication of changes to the TOS, the User acknowledges these changes.

Termination of contract

max.recall is entitled to terminate the contract and thereby the access of the User to the content and services of the Websites with immediate effect without notification or justification and therefore block the online access of the User. max.recall is not obliged to give notice of the termination of access. The User may terminate the contract or the account merely by no longer using the Websites. In any case, the contract shall be considered terminated insofar as max.recall completely discontinues the Websites, which max.recall is entitled to do. All contractual provisions, which according to their purpose are to remain effective following termination of the contract, including but not limited to provisions regarding intellectual property rights, liability limitations or confidentiality clauses, shall remain effective following termination of the contract.

Miscellaneous

This contract contains all agreements made between max.recall and the User. Amendments to this contract require the written form or the publication of an amended version of the TOS by max.recall and subsequent use of the Websites by the User to be legally effective.

The User agrees that the data they provide may be processed electronically, in particular for billing purposes. The User also agrees that max.recall may inform the User by telephone, fax or e-mail at appropriate intervals about max.recall products and services. This agreement may be revoked at any time.

The user expressly agrees to receive an electronic invoice only for the services used.

Data protection and confidentiality

The User is obliged to comply with the provisions of the data privacy laws and shall indemnify max.recall against any resulting claims in this regard. On concluding the contract, the User also agrees to be legally entitled to receive the transmitted data and to have an overriding legitimate interest in the use of the data in the sense of § 8 clause 1 No. 4 DSG 2000 (Data Protection Act). In the event that claims are asserted against the User on the basis of the DSG, the User is obliged to make max.recall aware of the person making this claim and the basis upon which the claim is being made. max.recall accepts no liability for any damages or losses if access to stored data is denied on the basis of legal or other provisions.

The User must also make suitable provisions to protect and secure the transmitted data against unauthorised access by its own employees and third parties. In particular, the User must ensure that the data is treated as confidential by employees, even once the employment relationship has been terminated. The User is liable to max.recall for any damages or loss arising from the breach of provisions with respect to data protection.

The contractual parties are obliged to treat as confidential all information provided to them in connection with the preparation and performance of their business relationship which is not generally known and with regard to which the other contractual partner has an interest in confidentiality (in particular, trade and commercial secrets and customer data) even once the business relationship has ended. The contractual parties shall ensure that their employees and any assistants also comply with the level of confidentiality required.

The User is liable to max.recall for any damages or loss arising from the breach of the above provisions by them or third parties to which the data have been passed.

Information for customers from the Consumer Protection Act

A customer may cancel any contract or declaration of agreement concluded as part of a distance selling process within 7 business days from the day on which the agreement was concluded (service agreements), whereby Saturday is not considered to be a business day. It is sufficient for the cancellation to be sent within the specified period. The consumer has no cancellation rights with regard to agreements for services which the consumer has begun to make use of as per the agreement within 7 business days of the agreement being concluded.

Applicable law and court of jurisdiction

The contractual relationship between the User and max.recall is subject to Austrian law with the exception of the UN purchasing law and without recourse to referral to the law of a third country. Any disputes arising between the User and max.recall as a result of this contractual relationship – including any with regard to its existence or non-existence – shall be, insofar as they are legally permissible, the responsibility of the respective court in Vienna competent for the matter concerned.

Severability clause

In the event of individual provisions of this contract becoming ineffective due to legislative regulation, this shall not affect the validity of the remaining provisions. The ineffective provision or identified contractual loophole shall be replaced by a suitable provision which shall provide the commercial aims originally intended by the parties.

Version: October 2012

max.recall information systems GmbH
Künstlergasse 11/1
1150 Vienna

Data protection policy

General points for handling data

Protecting its Users’ data and their personal rights is very important for max.recall. max.recall follows the basic principles that data shall only be requested insofar as this is necessary for the performance of the contract; that data shall not be passed on unless max.recall is legally obliged to do so or if the transmission of personal data is necessary to protect its rights; that personal data is not saved on the servers unless this is necessary to provide the services.

User data

The User acknowledges that max.recall records non-personal data which web browsers and servers typically make available, e.g. browser type, language preference, related sites, date and time of the user entry and any user requests for the purpose of tracing user behaviour to improve the services provided in line with customer requirements. max.recall is entitled to use and publish non-personal data capture in this way at appropriate intervals for statistical purposes and reports regarding the use of the Websites.

The User also acknowledges that max.recall captures such user data from which it is possible to determine the User’s identity, e.g. Internet Protocol (IP) addresses. max.recall shall neither use such data to identify the User in question nor pass on such data unless required to do so for the purposes given in the previous clause.

Acquisition of personal data

Some Users choose paths of communication with max.recall which require max.recall to capture personal data. The type and volume of information collected depends on the type of interaction selected by the User. For example, in order to provide the services on offer, max.recall requires a user name, company name and e-mail address. With other types of interaction – e.g. if the User creates an account for a service – it may be necessary to request additional data such as a name, company name and any necessary payment information required to provide this service. In any case, max.recall captures this information only insofar as this is necessary to interact with the User. max.recall shall not pass the data on to third parties unless required to do so for the purposes described above. The User is naturally entitled to refuse to provide the data with the result that in this instance the use of some of the services provided by or interactions with max.recall will not be possible.

Cookies

Cookies are pieces of information which the Websites place on the User’s computer and which the User’s browser transmits to the Websites every time it accesses the Websites. max.recall uses cookies to identify and allocate the Website User and analyse user behaviour and account preferences. Users who do not want cookies to be placed on their computer are able to prevent the application of cookies using the relevant browser setting before accessing the Websites. However, this may mean that it is not possible to access the full functionality of the Websites.

Statistics

max.recall is entitled to gather statistics about the user behaviour of visitors to the Websites and transmit and publish such information. max.recall shall only divulge any user data relating to the identity of the User in the circumstances described above.

max.recall uses Google Analytics, a web analysis system of Google Inc. (“Google”), to process the aforementioned statistics. Google Analytics uses so-called cookies, which are text files placed on your computer in order to analyse user behaviour. Any information related to user behaviour gathered in this way when the User uses the Websites (including the IP address) is transmitted to Google and stored on their servers located in the USA. Google uses this information to analyse the behaviour of website users, to compile reports regarding user behaviour for the operator of the website and provide other services connected with website activities and general use of the Internet. Google is entitled to pass this information to third parties insofar as Google is obliged to do so in accordance with the applicable laws, and the third party processes this information in the interests or on behalf of Google. Google shall not link the IP address to any other data stored by Google. The User is able to prevent the application of cookies by adjusting the relevant browser settings. However, this may mean that it is not possible to access the full functionality of the Websites. In using the Websites, the User acknowledges that their data may be used by Google as described.

Protection of personal data

max.recall shall only relinquish personal data to its employees, contractual partners and other associated companies which (i) require this data to use them in the interest or on behalf of max.recall or to provide the services on the Websites and (ii) which have pledged not to divulge the data to third parties. By using the Website, the User permits the transmission of their data as described, even if this data is passed to third parties not located in Austria. max.recall shall not transmit personal data to any other third parties either in return for payment or free of charge. max.recall shall only transmit personal data to any third parties other than those mentioned above in the event that this is required by law or max.recall is entitled to transmit the data to protect the rights of max.recall, third parties or public interests. Insofar as the User has registered and provided their e-mail address, max.recall is entitled to send the User occasional e-mails regarding or informing the customer at appropriate intervals about any products or services or the company max.recall itself, and/or to ask for user feedback. In the event that the User sends a support request by e-mail or the Websites’ request mechanisms, max.recall believes it is entitled to publish the request for the purpose of reply or because the request may be useful in supporting other Users. max.recall shall use all necessary measures to protect against the unauthorised access, use, amendment or deletion of personal data.

Amendments to the data protection policy

max.recall is entitled to amend its data protection policy at appropriate intervals at its own discretion. max.recall recommends that its Users check the data protection policy on a regular basis for any changes. Insofar as the User has a user account for any max.recall Service, max.recall also recommends checking their profile for any notifications regarding changes to the data protection policy. In continuing to use the Websites following any changes to the data protection policy, the user acknowledges these changes.

The max.recall team is available to answer any queries relating to the respective account or any necessary correction of data.

Version: October 2012

max.recall information systems GmbH
Künstlergasse 11/1
1150 Vienna