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Confidential Information may include, but is not limited to, scientific, technical, marketing, business, financial, operational, administrative and economic information related to present and future products, services, business plans, experience, documents or data related to the manufacturing products, plans, processes, projects, systems, schemes, drawings, costs, equipment, materials, samples, technology, packaging as well as visual information.",{"type":51,"attrs":105,"content":106},{"textAlign":13},[107,108,112,114,116,117,118,122,124,128,130,131,132,136,138,139,140,153,154,155,156,160,162,163,164,165,169,170,174,176,177,178,179,183,185,186,187,188,192,194,195,196,197,201,203,204,205,206,210,212,213,214,215,219,220,224,226,227,228,229,233,234,238,240,241,242,243,247,249,250,251,252,256,258,259,260,261,265],{"text":89,"type":46},{"text":109,"type":46,"marks":110},"Customer",[111],{"type":49},{"text":113,"type":46},"” means any professional entity that entered into a contract with Prewave for the purchase of services. A Customer is entitled to be provided with the scope of services defined in the contract governing the relationship between Prewave and said Customer.",{"type":115},"hard_break",{"type":115},{"text":89,"type":46},{"text":119,"type":46,"marks":120},"DaaS",[121],{"type":49},{"text":123,"type":46},"” or “",{"text":125,"type":46,"marks":126},"Prewave API",[127],{"type":49},{"text":129,"type":46},"” means the Data-as-a-Service offered by Prewave by granting access to a User or Customer to its API product. ",{"type":115},{"type":115},{"text":133,"type":46,"marks":134},"“Data Processing Agreement”",[135],{"type":49},{"text":137,"type":46}," or “DPA” means the data processing agreement governing the relation between Prewave acting as data processor and the User acting as data controller within the meaning of the GDPR when applicable, incorporated in these Terms of Service by reference. (The Data Processing Agreement is accessible on our website and linked in the online version of these Terms of Service.) ",{"type":115},{"type":115},{"text":141,"type":46,"marks":142},"Data Processing Agreement",[143],{"type":60,"attrs":144},{"href":145,"uuid":146,"anchor":13,"target":63,"linktype":147,"story":148},"/data-processing-agreement","2cbae009-23d9-46d6-82c3-4d9635b2bb06","story",{"name":141,"id":149,"uuid":146,"slug":150,"url":150,"full_slug":151,"_stopResolving":152},639303538,"data-processing-agreement","fr/data-processing-agreement",true,{"type":115},{"type":115},{"text":89,"type":46},{"text":157,"type":46,"marks":158},"Free Basic Account",[159],{"type":49},{"text":161,"type":46},"” or as otherwise referred to on the Prewave Platform or Prewave’s website, means an account Prewave provides to professional entities as Users for (i) testing the Prewave Platform, (ii) in course of a Proof of Concept, (iii) in order to contribute to a Site/Sites of the User with supplementary information; and/or (iv) for responding to Information Requests sent to the professional entity (User). ",{"type":115},{"type":115},{"text":89,"type":46},{"text":166,"type":46,"marks":167},"GDPR",[168],{"type":49},{"text":123,"type":46},{"text":171,"type":46,"marks":172},"EU Data Protection Laws",[173],{"type":49},{"text":175,"type":46},"” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), including laws implementing or supplementing the GDPR. ",{"type":115},{"type":115},{"text":89,"type":46},{"text":180,"type":46,"marks":181},"Information Request",[182],{"type":49},{"text":184,"type":46},"” means the inquiry addressed to a User or a Site, in particular, but not limited to, to gain information on a Prewave Alert, to receive a Supplier Self Assessment or to receive information/data necessary due to legal requirements. ",{"type":115},{"type":115},{"text":89,"type":46},{"text":189,"type":46,"marks":190},"Prewave Alerts",[191],{"type":49},{"text":193,"type":46},"” means the data signals about potential past, present or future risk events, classified in different categories (labor unrest, industrial accidents, etc.) and occurring at certain Sites. ",{"type":115},{"type":115},{"text":89,"type":46},{"text":198,"type":46,"marks":199},"Prewave Score",[200],{"type":49},{"text":202,"type":46},"” means the numeric score on the Prewave Platform that gives a detailed overview of a Site’s risk profile, based on historical and live Prewave data, external data sources, Supplier Self Assessments, peer group benchmarks, and other factors. The score is calculated by weighting different factors and can be displayed in separate views based on the underlying data categories. The Prewave Score forms part of the Prewave Site Directory. ",{"type":115},{"type":115},{"text":89,"type":46},{"text":207,"type":46,"marks":208},"Prewave Site Directory",[209],{"type":49},{"text":211,"type":46},"” means the database/compilation of all the Sites on the Prewave Platform that is continuously maintained and augmented. The Prewave Site Directory is the property of Prewave. § 4 (3) applies. ",{"type":115},{"type":115},{"text":89,"type":46},{"text":216,"type":46,"marks":217},"SaaS",[218],{"type":49},{"text":123,"type":46},{"text":221,"type":46,"marks":222},"Prewave Platform",[223],{"type":49},{"text":225,"type":46},"” means the Software-as-a-Service offered by Prewave by granting access to a User or Customer to its platform. ",{"type":115},{"type":115},{"text":89,"type":46},{"text":230,"type":46,"marks":231},"Services",[232],{"type":49},{"text":123,"type":46},{"text":235,"type":46,"marks":236},"Prewave Services",[237],{"type":49},{"text":239,"type":46},"” means the products of Prewave a User can use by concluding this Contract, namely DaaS, SaaS and the conduction of/response to Information Requests, as applicable. ",{"type":115},{"type":115},{"text":89,"type":46},{"text":244,"type":46,"marks":245},"Site",[246],{"type":49},{"text":248,"type":46},"” means a physical location where members of an organization conduct their main operational activities, which is displayed as such on the Prewave Platform. Sites may include (manufacturing) plants, distribution centers, retail stores, transportation hubs, warehouses and offices, where business operations, production or services are carried out. ",{"type":115},{"type":115},{"text":89,"type":46},{"text":253,"type":46,"marks":254},"Supplier Self Assessment",[255],{"type":49},{"text":257,"type":46},"” means the assessment a professional entity conducts as User or Customer by answering questions on how it approaches or complies with matters in different fields, as for example human rights, safety and environment.",{"type":115},{"type":115},{"text":89,"type":46},{"text":262,"type":46,"marks":263},"User",[264],{"type":49},{"text":266,"type":46},"” means any professional entity entering into a contract with Prewave by accepting the present Terms of Service and using the Services proactively or upon request of a Customer. For the avoidance of doubt, it is specified that individuals not acting for professional purposes and/or consumers cannot be Users.",{"type":40,"attrs":268,"content":269},{"level":42,"textAlign":13},[270],{"text":271,"type":46,"marks":272},"§ 1: Applicability of the Terms of Service",[273],{"type":49},{"type":275,"attrs":276,"content":278},"ordered_list",{"order":277},1,[279,289,298,307,316],{"type":280,"content":281},"list_item",[282,287],{"type":51,"attrs":283,"content":284},{"textAlign":13},[285],{"text":286,"type":46},"These Terms of Service shall apply to all business relations between Prewave GmbH (referred to as “Prewave”), and Users who are not Customers of Prewave (Prewave and User collectively referred to as the “Parties”, or individually the “Party”) regarding the provision of access to the Services by Prewave. The Prewave Services are intended specifically for professional use, excluding individuals not using the Services for professional purposes and/or acting as consumers.",{"type":51,"attrs":288},{"textAlign":13},{"type":280,"content":290},[291,296],{"type":51,"attrs":292,"content":293},{"textAlign":13},[294],{"text":295,"type":46},"Alternative, contrary, or supplementary terms and conditions of the User (irrespective of form) shall only become applicable to the contractual relationship between Prewave and the User if and to the extent that Prewave expressly consents to their application in writing.",{"type":51,"attrs":297},{"textAlign":13},{"type":280,"content":299},[300,305],{"type":51,"attrs":301,"content":302},{"textAlign":13},[303],{"text":304,"type":46},"Prewave offers a Free Basic Account, which allows Users to access its shared and cloud-hosted Saas and/or its Prewave API (i) in order to test the Prewave Platform, (ii) in course of a Proof of Concept, (iii) in order to contribute to a Site/Sites of the User with supplementary information; and/or (iv) in order to answer Information Requests sent to a User through the Prewave Platform.",{"type":51,"attrs":306},{"textAlign":13},{"type":280,"content":308},[309,314],{"type":51,"attrs":310,"content":311},{"textAlign":13},[312],{"text":313,"type":46},"A contract for the use of the Prewave Services with a Free Basic Account (referred to as the “Contract”) between Prewave and the respective User, to which these Terms of Service apply, is concluded and becomes binding and effective on the User upon the earliest of: (i) when the User accesses or uses (through an individual acting on behalf of the User) the Free Basic Account, or (ii) when an individual acting on behalf of the User clicks an “I Accept”, “Sign Up”, “Get Started” or similar button or checkbox referencing this Contract (referred to as the “Effective Date”). The individual accepting these Terms of Service is accepting them on behalf of the User and hereby warrants that it has the authority to bind the User to the extent of this Contract.",{"type":51,"attrs":315},{"textAlign":13},{"type":280,"content":317},[318],{"type":51,"attrs":319,"content":320},{"textAlign":13},[321],{"text":322,"type":46},"A contract for use concluded by Prewave and a User does not to any extent form an obligation of Prewave to also conclude a contract with a User to become a Customer.",{"type":51,"attrs":324,"content":325},{"textAlign":13},[326],{"text":327,"type":46}," ",{"type":40,"attrs":329,"content":330},{"level":42,"textAlign":13},[331],{"text":332,"type":46,"marks":333},"§ 2: Services by Prewave",[334],{"type":49},{"type":275,"attrs":336,"content":337},{"order":277},[338,347,356,365,374,383,392,401,410,419],{"type":280,"content":339},[340,345],{"type":51,"attrs":341,"content":342},{"textAlign":13},[343],{"text":344,"type":46},"For the Free Basic Account, either (i) the individual acting on behalf of the User shall create the login credentials allocated exclusively to this individual, or (ii) the User shall receive login credentials for each individual using the Prewave Platform on behalf of the User. Each login credential is issued to one single authorized person and shall not be used by any other persons or shared among a group of persons. The User shall only disclose the respective login credentials to authorized persons on a need-to-know basis (e.g. own employees) but shall otherwise keep it strictly confidential and refrain from disclosing the same to any third party. The User shall immediately notify Prewave of any unauthorized use of personal login credentials and/or unauthorized use of the Prewave Platform. In the absence of any such notification, all information received by Prewave from someone using the login credentials of the User will be considered as having been sent by the User.",{"type":51,"attrs":346},{"textAlign":13},{"type":280,"content":348},[349,354],{"type":51,"attrs":350,"content":351},{"textAlign":13},[352],{"text":353,"type":46},"In case of access via the Prewave API, the User is responsible for establishing a data connection between the intended workplace/system and the Prewave API at its own cost and expense. Prewave is entitled to redefine its API at any time if this is required to provide smooth access to the Services. In this event, the User shall establish a new connection with the redefined API. The User shall receive an access token to the API, which shall only be disclosed to authorized persons on a need-to-know basis (e.g. own employees), but shall otherwise keep it strictly confidential and refrain from disclosing the same to any third party. The User’s access to the Prewave API or Platform shall be subject to fair use. In case the User’s access to the Prewave API leads to an overload, Prewave reserves the right to technically restrict or suspend the User’s access to its API on a temporary or permanent basis. The User is not entitled to any claims against Prewave on the basis of such measures.",{"type":51,"attrs":355},{"textAlign":13},{"type":280,"content":357},[358,363],{"type":51,"attrs":359,"content":360},{"textAlign":13},[361],{"text":362,"type":46},"An Information Request is sent out by email solely upon request of a User or Customer and is only facilitated by Prewave. Such a request can be made either (i) via the Prewave Platform in an automated way by the User or Customer, or (ii) via a Prewave employee on behalf of the User/Customer, or (iii) if it is necessary for achieving legal compliance of the User/Customer. In any case, a User or the Customer initiates/commissions the sending of the email and determines the contact and email address, to which the request is addressed. A User can respond to an Information Request through the Prewave Platform. When responding to an Information Request, the User is solely responsible for the information, documents and data provided by the individual(s) acting on the User’s behalf. Prewave only facilitates the conduction of Information Requests therefore the initiating/commissioning User shall indemnify Prewave against all related claims, in particular those arising from unsolicited communication and data protection law.",{"type":51,"attrs":364},{"textAlign":13},{"type":280,"content":366},[367,372],{"type":51,"attrs":368,"content":369},{"textAlign":13},[370],{"text":371,"type":46},"The User declares by the individuals acting on behalf of it, to answer all Information Requests carefully and to the best of its knowledge and assures not to give false information when answering. The User agrees not to (i) interfere with or attempt to interfere with the functioning of the Prewave Services, (ii) transmit to Prewave, its Customers or by using the Prewave API or Platform anything that contains malware, or any harmful files, or (iii) perform any tests that may harm or impair the functioning of the Prewave Services.",{"type":51,"attrs":373},{"textAlign":13},{"type":280,"content":375},[376,381],{"type":51,"attrs":377,"content":378},{"textAlign":13},[379],{"text":380,"type":46},"If Prewave determines that the User or an Affiliate, as applicable, are not in compliance with these Terms of Service, the User shall immediately remedy such non-compliance, failure to do so can result, inter alia, in the immediate termination of the contractual relationship for cause and claims in damages.",{"type":51,"attrs":382},{"textAlign":13},{"type":280,"content":384},[385,390],{"type":51,"attrs":386,"content":387},{"textAlign":13},[388],{"text":389,"type":46},"Prewave itself is wholly reliant on data from third parties to provide its Services. Prewave therefore must reserve the right to limit or discontinue its Services in case the provision of data from its sources is interrupted or limited for any reason. Such measures shall not constitute a breach or non-performance of the contractual relationship on part of Prewave.",{"type":51,"attrs":391},{"textAlign":13},{"type":280,"content":393},[394,399],{"type":51,"attrs":395,"content":396},{"textAlign":13},[397],{"text":398,"type":46},"Prewave is not limited in the selection of third parties to be used as a source for the creation of Prewave Alerts and/or other datapoints, nor in the engagement of additional third parties to expand and continuously improve its Services. Prewave has the right to use subcontractors at any time to provide the Services.",{"type":51,"attrs":400},{"textAlign":13},{"type":280,"content":402},[403,408],{"type":51,"attrs":404,"content":405},{"textAlign":13},[406],{"text":407,"type":46},"Prewave Alerts and other datapoints may contain snippets, such as links, texts or pictures/photographs, that might be subject to protection under intellectual property laws (in particular, copyright) for the benefit of third parties. The Services provided by Prewave consist of the aggregation and the analysis of external data sources and explicitly not in the sale of licenses in the original data. Prewave is permitted to include such material in the Prewave Alerts and/or on the Prewave Platform, however, the User acknowledges, that Prewave is not permitted to grant any licenses for redistribution, storage, reproduction, delivery to any third parties (including customers), or further publication of the delivered links, pictures/photographs, texts or snippets and the like contained in Prewave Alerts and other datapoints. Therefore, the User is obliged to verify whether it needs further licenses for extended use (outside of the Prewave Platform) and to acquire such licenses directly from the right-holder, if deemed necessary. The User will indemnify and hold Prewave harmless in respect of any claim in connection therewith.",{"type":51,"attrs":409},{"textAlign":13},{"type":280,"content":411},[412,417],{"type":51,"attrs":413,"content":414},{"textAlign":13},[415],{"text":416,"type":46},"In the event that a holder of a right directly requires Prewave to alter any Prewave Alerts or datapoints or implement any changes in the structure or data format, Prewave is free to implement such changes or remove such materials from all results lists (“notice and take-down”). The User is not entitled to any claims against Prewave on the basis of such measures.",{"type":51,"attrs":418},{"textAlign":13},{"type":280,"content":420},[421,426],{"type":51,"attrs":422,"content":423},{"textAlign":13},[424],{"text":425,"type":46},"Prewave shall have the right to modify or adapt the Services if this is necessary or expedient to reflect technical progress.",{"type":51,"attrs":427},{"textAlign":13},{"type":40,"attrs":429,"content":430},{"level":42,"textAlign":13},[431],{"text":432,"type":46,"marks":433},"§ 3: Fees",[434],{"type":49},{"type":51,"attrs":436,"content":437},{"textAlign":13},[438],{"text":439,"type":46},"The Free Basic Account is offered by Prewave free of charge, unless otherwise agreed upon.",{"type":40,"attrs":441,"content":442},{"level":42,"textAlign":13},[443],{"text":444,"type":46,"marks":445},"§ 4: Rights of use",[446],{"type":49},{"type":275,"attrs":448,"content":449},{"order":277},[450,513,538,547,556],{"type":280,"content":451},[452,457,466,475,484,493,502,511],{"type":51,"attrs":453,"content":454},{"textAlign":13},[455],{"text":456,"type":46},"Prewave grants the User a non-exclusive, non-transferable and non-licensable right to use the provided Services, which shall be limited in the following ways:",{"type":51,"attrs":458,"content":459},{"textAlign":13},[460,464],{"text":461,"type":46,"marks":462},"a.",[463],{"type":49},{"text":465,"type":46}," temporally limited to the duration of this Contract;",{"type":51,"attrs":467,"content":468},{"textAlign":13},[469,473],{"text":470,"type":46,"marks":471},"b.",[472],{"type":49},{"text":474,"type":46}," substantively limited to a number of Sites as selected by Prewave;",{"type":51,"attrs":476,"content":477},{"textAlign":13},[478,482],{"text":479,"type":46,"marks":480},"c. ",[481],{"type":49},{"text":483,"type":46},"substantively limited to specific functionalities, modules and/or features as selected by Prewave;",{"type":51,"attrs":485,"content":486},{"textAlign":13},[487,491],{"text":488,"type":46,"marks":489},"d.",[490],{"type":49},{"text":492,"type":46}," limited to the professional entity registering for a Free Basic Account, and if applicable, its Affiliates;",{"type":51,"attrs":494,"content":495},{"textAlign":13},[496,500],{"text":497,"type":46,"marks":498},"e.",[499],{"type":49},{"text":501,"type":46}," limited to the browser application of the Prewave Platform and/or the Prewave API; and",{"type":51,"attrs":503,"content":504},{"textAlign":13},[505,509],{"text":506,"type":46,"marks":507},"f. ",[508],{"type":49},{"text":510,"type":46},"substantively limited to the purpose of this contractual relationship.",{"type":51,"attrs":512},{"textAlign":13},{"type":280,"content":514},[515,520,528,536],{"type":51,"attrs":516,"content":517},{"textAlign":13},[518],{"text":519,"type":46},"Any additional uses beyond the aforementioned limitations shall not be permitted without the prior written consent of Prewave (which Prewave is free to withhold), in particular:",{"type":51,"attrs":521,"content":522},{"textAlign":13},[523,526],{"text":461,"type":46,"marks":524},[525],{"type":49},{"text":527,"type":46}," any change, adaptation and/or publication or disclosure of information on the Prewave Platform, Prewave Alerts or other datapoints, in whole or in part, to any third party;",{"type":51,"attrs":529,"content":530},{"textAlign":13},[531,534],{"text":470,"type":46,"marks":532},[533],{"type":49},{"text":535,"type":46}," the disclosure of performance metrics and benchmarking results regarding any information on the Prewave Platform, Prewave Alerts or other datapoints to any third party.",{"type":51,"attrs":537},{"textAlign":13},{"type":280,"content":539},[540,545],{"type":51,"attrs":541,"content":542},{"textAlign":13},[543],{"text":544,"type":46},"The Services contain elements and content which do or may enjoy protection (pursuant to e.g. copyright and allied copyright law, trademark law, patent / utility model law, design law, competition Law or other laws) for the benefit of Prewave, cooperation partners of Prewave or third party data providers. Prewave, its cooperation partners and third party data providers expressly reserve(s) any and all rights in and to the same. Any use of these elements and content (or parts thereof), extending beyond what is necessary for using the Services by the User under normal circumstances, is inadmissible without the prior written consent of Prewave. This applies in particular, but without limitation, to the software, names, characters, trademarks and other marks/signs, content, layout, design and interface of the website of Prewave, databases, questionnaires, methodologies, videos, photographs, texts and graphics. As between Prewave and the User, the User acknowledges and agrees that Prewave shall own all right, title, and interest in and to deliverables, work product or other intellectual property created, developed, conceived, invented, authored, or otherwise provided by Prewave to the User, or otherwise made available to the User.",{"type":51,"attrs":546},{"textAlign":13},{"type":280,"content":548},[549,554],{"type":51,"attrs":550,"content":551},{"textAlign":13},[552],{"text":553,"type":46},"If the User violates the rights of use granted herein, Prewave shall have the right to terminate this Contract immediately for cause. In addition, Prewave reserves the right to take judicial and non-judicial action for damages incurred by any violation of the rights of use granted herein.",{"type":51,"attrs":555},{"textAlign":13},{"type":280,"content":557},[558],{"type":51,"attrs":559,"content":560},{"textAlign":13},[561],{"text":562,"type":46},"The User grants Prewave and its Affiliates the non-exclusive and royalty-free right, on a worldwide basis, to access, process and use the information, documents and data the User will provide, directly or indirectly, in the course of or in connection with the use of the Prewave Services, including for the purpose of assessments, risk calculations, to develop the Prewave Site Directory, and to use said information, documents and data to deliver, expand and improve the services offered by Prewave. This also includes the use of Confidential Information, provided that it is anonymised and therefore no connection to the User can be established. For the avoidance of doubt, it is clarified that the relationship between the User and any other Site, including any User specific information regarding the Site is confidential and is not to be disclosed or displayed in a way that would allow direct recourse to the User. The User warrants and represents that it has all the rights and authorizations that are necessary to use and allow the usage of the information, documents and data provided (especially with regards to contained personal data or third party confidential data), including for reproduction and publication if applicable, and that it can freely grant the above license rights. The User shall ensure that all information, documents and data communicated to Prewave, to Prewave’s Customers or by using the Prewave Platform are accurate, correct, complete, and secure and ensures not to provide any unlawful, harmful, misleading, defamatory or competitively sensitive information, documents and data. The individual acting on behalf of the User warrants and represents that it has all the rights and authorizations that are necessary to enter into this Contract and to grant the above licenses and warranties on behalf of the User. The User shall indemnify and hold Prewave harmless for any claims in connection with the above.",{"type":40,"attrs":564,"content":565},{"level":42,"textAlign":13},[566],{"text":567,"type":46,"marks":568},"§ 5: Liability and Warranty",[569],{"type":49},{"type":275,"attrs":571,"content":572},{"order":277},[573,582,591,600,609,618,627,636,645],{"type":280,"content":574},[575,580],{"type":51,"attrs":576,"content":577},{"textAlign":13},[578],{"text":579,"type":46},"This Contract does not establish rights of any kind in favor of the User, end-customers of the User, or third parties. If such persons raise claims against Prewave in connection with the Services pursuant to the contractual relationship between Prewave and the User, on whatever legal ground, the User shall indemnify Prewave and hold it harmless against such claims.",{"type":51,"attrs":581},{"textAlign":13},{"type":280,"content":583},[584,589],{"type":51,"attrs":585,"content":586},{"textAlign":13},[587],{"text":588,"type":46},"Prewave provides its Services based on automated processing of external third party data sources, the quality and validity of which are outside of Prewave’s control. In addition, the algorithms and prediction models Prewave uses to generate Prewave Alerts and other datapoints are non-deterministic and probabilistic by design. For these reasons, deviations from actual events cannot be avoided.",{"type":51,"attrs":590},{"textAlign":13},{"type":280,"content":592},[593,598],{"type":51,"attrs":594,"content":595},{"textAlign":13},[596],{"text":597,"type":46},"Accordingly, Prewave makes no warranty, accepts no responsibility and assumes no liability for (i) a particular characteristic, suitability, merchantability or fitness for a particular purpose of the Services, (ii) incomplete, incorrect, outdated or erroneous data being the basis of or incorporated into Prewave Alerts or any datapoints, (iii) the validity, completeness or accuracy of Prewave Alerts and other datapoints, (iv) uninterrupted or error-free availability and accessibility of Prewave Alerts or the Services, (v) transmission-, hardware-, software- or network-errors, (vi) lost, damaged, incomplete, corrupted or delayed transmission of data, (vii) disruptions, impairments of the data transmission between third party sources and Prewave or Prewave and the User or any technical difficulties or maintenance, (viii) the lawfulness or the freedom of the data or Prewave Alerts from third-party-rights, (ix) the secure / risk-free access or retrieval of the website any link contained in the Prewave Alerts or other datapoints is leading to.",{"type":51,"attrs":599},{"textAlign":13},{"type":280,"content":601},[602,607],{"type":51,"attrs":603,"content":604},{"textAlign":13},[605],{"text":606,"type":46},"In general, the User recognizes the uncertainties inherent in any analysis or information that may be provided as part of the Services and acknowledges that the Services are not a substitute for its own independent evaluation and analysis and should not be considered as professional advisory services or recommendations to pursue a specific course of action. Prewave shall not be liable for any actions or decisions that the User may or may not take based on the Services or any information or data contained therein. Prewave does not warrant or accept any liability for the completeness or accuracy of the checklists and questionnaires provided on or as part of the Services. The User understands that it assumes the entire risk with respect to the use of the Services.",{"type":51,"attrs":608},{"textAlign":13},{"type":280,"content":610},[611,616],{"type":51,"attrs":612,"content":613},{"textAlign":13},[614],{"text":615,"type":46},"Prewave shall not be liable for losses caused by slightly negligent behavior or any other losses, unless liability cannot be validly excluded according to mandatory law.",{"type":51,"attrs":617},{"textAlign":13},{"type":280,"content":619},[620,625],{"type":51,"attrs":621,"content":622},{"textAlign":13},[623],{"text":624,"type":46},"If and to the extent legally permissible, Prewave shall not be liable for (direct or indirect) consequential damages, loss of data, savings not realized, lost interest and expenditures made in vain and lost profit.",{"type":51,"attrs":626},{"textAlign":13},{"type":280,"content":628},[629,634],{"type":51,"attrs":630,"content":631},{"textAlign":13},[632],{"text":633,"type":46},"To the extent that User's Affiliates are beneficiaries of the rights of use under this Contract, the User shall be responsible for its Affiliates’ compliance with the Terms of Service.",{"type":51,"attrs":635},{"textAlign":13},{"type":280,"content":637},[638,643],{"type":51,"attrs":639,"content":640},{"textAlign":13},[641],{"text":642,"type":46},"The User shall give Prewave prompt notice of any disruption or defect of the provided Services in writing or by email. Prewave will at its best effort remedy the notified defects within a reasonable period of time. Neither the User nor a third-party commissioned by the User shall themselves be entitled to remedy said defect of the provided Services. The User shall not have any right to raise warranty or damage claims.",{"type":51,"attrs":644},{"textAlign":13},{"type":280,"content":646},[647],{"type":51,"attrs":648,"content":649},{"textAlign":13},[650],{"text":651,"type":46},"Prewave is eager to make its Services available to the User as uninterrupted as possible, however, from a technical point of view, a continuous 100% uninterrupted availability of the Services cannot be guaranteed. In particular, maintenance, security or capacity issues, as well as events beyond Prewave’s control (e.g. disruptions to public communication networks, power failures, etc.) may lead to disruptions or temporary suspension of the Prewave Services.",{"type":40,"attrs":653,"content":654},{"level":42,"textAlign":13},[655],{"text":656,"type":46,"marks":657},"§ 6: Duration of the Contract",[658],{"type":49},{"type":275,"attrs":660,"content":661},{"order":277},[662],{"type":280,"content":663},[664],{"type":51,"attrs":665,"content":666},{"textAlign":13},[667,669,675],{"text":668,"type":46},"The contractual relationship shall run indefinitely, unless otherwise agreed upon. Prewave may terminate the Contract at any time, for any reason, by discontinuing the provision of the Services. Either Party may terminate the Contract at any time for any reason, by sending a written notification (email shall suffice) to the other Party with the effect on the date when a notification declaring the above is sent to the other Party. Notifications to the User will be addressed to an individual acting on behalf of the User, if not indicated otherwise. Notifications to Prewave shall be addressed to ",{"text":670,"type":46,"marks":671},"customer-success@prewave.ai",[672],{"type":60,"attrs":673},{"href":674,"uuid":13,"anchor":13,"target":13,"linktype":64},"mailto:customer-success@prewave.ai",{"text":676,"type":46},".",{"type":40,"attrs":678,"content":679},{"level":42,"textAlign":13},[680],{"text":681,"type":46,"marks":682},"§ 7: Confidentiality",[683],{"type":49},{"type":275,"attrs":685,"content":686},{"order":277},[687,696,740,782,791,800],{"type":280,"content":688},[689,694],{"type":51,"attrs":690,"content":691},{"textAlign":13},[692],{"text":693,"type":46},"Unless otherwise specified herein, the Parties shall keep the content of the Contract and all related Confidential Information secret, and shall treat Confidential Information received from the Disclosing Party or its Affiliates with the same duty of care as they would treat their own with, at least in accordance with applicable business standards.",{"type":51,"attrs":695},{"textAlign":13},{"type":280,"content":697},[698,703,712,721,729,738],{"type":51,"attrs":699,"content":700},{"textAlign":13},[701],{"text":702,"type":46},"Unless otherwise explicitly agreed upon, the Receiving Party may only use the received Confidential Information for purposes directly related to the Services. The Receiving Party may disclose the received Confidential Information only:",{"type":51,"attrs":704,"content":705},{"textAlign":13},[706,710],{"text":707,"type":46,"marks":708},"a. ",[709],{"type":49},{"text":711,"type":46},"with the prior written consent of the Disclosing Party or its Affiliates, as applicable;",{"type":51,"attrs":713,"content":714},{"textAlign":13},[715,719],{"text":716,"type":46,"marks":717},"b. ",[718],{"type":49},{"text":720,"type":46},"to its own and its Affiliates’ directors, officers, employees, investors, agents, professional consultants or advisors, on a need-to-know basis, provided that they have been bound by obligations of confidentiality and restricted use substantially equal to those set forth in this Contract prior to the disclosure of Confidential Information;",{"type":51,"attrs":722,"content":723},{"textAlign":13},[724,727],{"text":479,"type":46,"marks":725},[726],{"type":49},{"text":728,"type":46},"if it is required for the provision of Services by Prewave to said User (e.g. generation of Prewave Alerts, conducting of historical supplier screenings); or",{"type":51,"attrs":730,"content":731},{"textAlign":13},[732,736],{"text":733,"type":46,"marks":734},"d. ",[735],{"type":49},{"text":737,"type":46},"as permitted under § 7 (4).",{"type":51,"attrs":739},{"textAlign":13},{"type":280,"content":741},[742,747,780],{"type":51,"attrs":743,"content":744},{"textAlign":13},[745],{"text":746,"type":46},"Confidential Information does not include information which:",{"type":51,"attrs":748,"content":749},{"textAlign":13},[750,753,755,756,759,761,762,766,768,769,772,774,775,778],{"text":461,"type":46,"marks":751},[752],{"type":49},{"text":754,"type":46}," is in or comes into the public domain through means other than by breach of this Contract; ",{"type":115},{"text":716,"type":46,"marks":757},[758],{"type":49},{"text":760,"type":46},"was rightfully in the possession of the Receiving Party prior to its disclosure; ",{"type":115},{"text":763,"type":46,"marks":764},"c.",[765],{"type":49},{"text":767,"type":46}," was received from a bona fide third party which is rightfully in possession of it and not bound by any obligation of confidentiality in respect of it; ",{"type":115},{"text":488,"type":46,"marks":770},[771],{"type":49},{"text":773,"type":46}," is independently developed by the Receiving Party outside the purpose of this Contract and without using the Confidential Information; or ",{"type":115},{"text":497,"type":46,"marks":776},[777],{"type":49},{"text":779,"type":46}," is required to be disclosed by law, by a court of competent jurisdiction or by another appropriate regulatory body, provided that immediate notification is given, to the extent legally permissible, and that reasonable assistance is provided to protect the Confidential Information from disclosure.",{"type":51,"attrs":781},{"textAlign":13},{"type":280,"content":783},[784,789],{"type":51,"attrs":785,"content":786},{"textAlign":13},[787],{"text":788,"type":46},"In the course of conducting a Supplier Self Assessment and answering an Information Request, the User might disclose Confidential Information. This Confidential Information is used by Prewave solely to (i) make the answers available on the Prewave Platform to requesting Customers and/or other Users, (ii) to integrate the answers to a Supplier Self Assessment/an Information Request into the calculation of the User’s Prewave Score, and (iii) to use the answers for services for requesting Customers/Users which are necessary for compliance with legal requirements. The answers to the Supplier Self Assessment/Information Request are provided (i) to the requesting Customer/User initiating the Supplier Self Assessment/Information Request upon the User’s consent given by conducting the Supplier Self Assessment/Information Request, and (ii) to any further requesting Customers/Users upon the User’s consent, which shall also be considered as given if the User does not object to Prewave’s notification of a request to share the Supplier Self Assessment/Information Request within fourteen (14) days from the date of notification. A Prewave Score is visible to all Customers and Users of the Prewave Platform monitoring the concerned User, but the Confidential Information potentially included in the answers to a Supplier Self Assessment/Information Request is not disclosed as such through the displayed Prewave Score. The User is aware and hereby gives its consent that if the Supplier Self Assessment/Information Request is used to comply with legal requirements, the answers will be used by the requesting Customer/User in the form required for legal compliance.",{"type":51,"attrs":790},{"textAlign":13},{"type":280,"content":792},[793,798],{"type":51,"attrs":794,"content":795},{"textAlign":13},[796],{"text":797,"type":46},"At any time, at the written request of any of the Parties, the Receiving Party shall immediately cease the use of the Confidential Information that was disclosed to it by the Disclosing Party and shall return to the Disclosing Party each and every document relating to the Confidential Information in its possession without retaining copies of the same. If the Disclosing Party requests the Receiving Party, in writing, to destroy or delete the documents or materials in its possession, custody or control, the Receiving Party shall do so promptly at its own cost and certify to the other Party that this has been done. The Receiving Party shall not, in connection with the foregoing obligations, be required, to return, destroy or delete Confidential Information held in archive or backup systems in accordance with general systems archiving or backup policies, or in case of any legally prescribed retention periods. For the avoidance of doubt, Prewave shall not be obliged to delete or modify Prewave Scores, that are or were (in a historical view) calculated by using Confidential Information.",{"type":51,"attrs":799},{"textAlign":13},{"type":280,"content":801},[802],{"type":51,"attrs":803,"content":804},{"textAlign":13},[805],{"text":806,"type":46},"The confidentiality obligations set forth herein shall continue to apply after termination of the Contract for a period of five (5) years.",{"type":40,"attrs":808,"content":809},{"level":42,"textAlign":13},[810],{"text":811,"type":46,"marks":812},"§ 8: Data Protection",[813],{"type":49},{"type":275,"attrs":815,"content":816},{"order":277},[817,826,835,844,885,918,927],{"type":280,"content":818},[819,824],{"type":51,"attrs":820,"content":821},{"textAlign":13},[822],{"text":823,"type":46},"The personal data provided by the User (if any) in connection with the contractual relationship, particularly the contact data (i.e. names, telephone number, fax number and e-mail address), are processed by Prewave for the purposes of provision and performance of the contractual services.",{"type":51,"attrs":825},{"textAlign":13},{"type":280,"content":827},[828,833],{"type":51,"attrs":829,"content":830},{"textAlign":13},[831],{"text":832,"type":46},"Subject to revocation, the individual acting on behalf of the User hereby expressly agrees to receive (via fax, email and/or SMS) messages at any time with information concerning the contractual service, even if these messages contain advertisements from Prewave, in addition to the information concerning the contractual service, pursuant to § 174 (1), (3) Telecommunications Act (TKG 2021).",{"type":51,"attrs":834},{"textAlign":13},{"type":280,"content":836},[837,842],{"type":51,"attrs":838,"content":839},{"textAlign":13},[840],{"text":841,"type":46},"Prewave shall comply with mandatory data protection laws, as amended, when directly applicable to Prewave. The processing of personal data by Prewave is justified by relevant regulations and specifically regulated in a separate privacy policy. To the extent that Prewave acts as data processor for the User being the data controller within the meaning of the GDPR, a Data Processing Agreement is concluded by accepting these Terms of Service and incorporated herein by reference. (The Data Processing Agreement is accessible on our website and linked in the online version of these Terms of Service.) In the event of conflicting provisions, the DPA shall prevail.",{"type":51,"attrs":843},{"textAlign":13},{"type":280,"content":845},[846,851,859,867,875,883],{"type":51,"attrs":847,"content":848},{"textAlign":13},[849],{"text":850,"type":46},"The following data provided by the User may be deleted (or where feasible at the discretion of Prewave be anonymized) upon the User’s request:",{"type":51,"attrs":852,"content":853},{"textAlign":13},[854,857],{"text":707,"type":46,"marks":855},[856],{"type":49},{"text":858,"type":46},"any personal data of an individual acting for the User (such as emails, names, etc.);",{"type":51,"attrs":860,"content":861},{"textAlign":13},[862,865],{"text":716,"type":46,"marks":863},[864],{"type":49},{"text":866,"type":46},"any activity set by an individual acting for the User that is private and not an integral part of the Prewave Platform as a whole (such as private follows or the creation of private collections);",{"type":51,"attrs":868,"content":869},{"textAlign":13},[870,873],{"text":479,"type":46,"marks":871},[872],{"type":49},{"text":874,"type":46},"any configuration data such as delivery settings and perspectives specific to an individual acting for the User ordered by the User; or",{"type":51,"attrs":876,"content":877},{"textAlign":13},[878,881],{"text":733,"type":46,"marks":879},[880],{"type":49},{"text":882,"type":46},"any relationships (following and/or connecting) with Sites initiated by an individual acting for the User.",{"type":51,"attrs":884},{"textAlign":13},{"type":280,"content":886},[887,892,900,908,916],{"type":51,"attrs":888,"content":889},{"textAlign":13},[890],{"text":891,"type":46},"The following data is property of Prewave and may not be deleted on request:",{"type":51,"attrs":893,"content":894},{"textAlign":13},[895,898],{"text":461,"type":46,"marks":896},[897],{"type":49},{"text":899,"type":46}," Prewave Site Directory;",{"type":51,"attrs":901,"content":902},{"textAlign":13},[903,906],{"text":716,"type":46,"marks":904},[905],{"type":49},{"text":907,"type":46},"Prewave Alerts and other datapoints generated by Prewave; and",{"type":51,"attrs":909,"content":910},{"textAlign":13},[911,914],{"text":479,"type":46,"marks":912},[913],{"type":49},{"text":915,"type":46},"any activity of an individual acting for the User that is public on the Prewave Platform and/or is an integral part of the Prewave Platform as a whole (e.g. public comments, publicly shared collections, etc.). If such activities contain personal data, the data subject can nonetheless exercise its rights.",{"type":51,"attrs":917},{"textAlign":13},{"type":280,"content":919},[920],{"type":51,"attrs":921,"content":922},{"textAlign":13},[923,925,926],{"text":924,"type":46},"Unless agreed otherwise, any Site information provided by the User to Prewave may be used to add, improve or expand the Prewave Site Directory, without allowing direct recourse to the User. This also includes the use of Confidential Information, provided that it is anonymised and therefore no connection to the User can be established. This does not apply to contact details, impact, spend data or related information that is only visible to the User; the aforementioned information is deleted upon the User’s request.",{"type":115},{"type":115},{"type":280,"content":928},[929],{"type":51,"attrs":930,"content":931},{"textAlign":13},[932,937,948],{"text":933,"type":46,"marks":934},"In the course of the feature “Sanction/PEP/UBO screening” offered by Prewave to its Customers, personal data might be processed to the extent that a person is listed on a sanctions list. We hereby inform any individual concerned that the data are processed for the purpose of enabling a Customer to comply with the legal obligation of adhering to sanction laws or similar regulations and to fulfil the substantial public interest of not collaborating with sanctioned entities or persons. The data processed vary depending on the grounds for being sanctioned, are determined by the sanction list and might include: first name, last name, title, address, nationality, date and place of birth, gender, position, education, religious confession, ethnicity, political affiliation. Prewave provides the respective data to its Customer; no further transfer is taking place under the responsibility of Prewave. For further details on processing of personal data, contact details at Prewave as well as your rights, please consult our ",[935],{"type":100,"attrs":936},{"color":14},{"text":938,"type":46,"marks":939},"Privacy Policy",[940],{"type":60,"attrs":941},{"href":942,"uuid":943,"anchor":13,"target":63,"linktype":147,"story":944},"/privacy-policy","fbd9246e-1fac-45ff-83b5-27ad37d0887f",{"name":938,"id":945,"uuid":943,"slug":946,"url":946,"full_slug":947,"_stopResolving":152},639295487,"privacy-policy","fr/privacy-policy",{"text":676,"type":46,"marks":949},[950],{"type":100,"attrs":951},{"color":14},{"type":40,"attrs":953,"content":954},{"level":42,"textAlign":13},[955],{"text":956,"type":46,"marks":957},"§ 9: Place of Performance, Jurisdiction, Applicable Law",[958],{"type":49},{"type":275,"attrs":960,"content":961},{"order":277},[962,971],{"type":280,"content":963},[964,969],{"type":51,"attrs":965,"content":966},{"textAlign":13},[967],{"text":968,"type":46},"The Terms of Service are subject to Austrian law excluding its conflict of law provisions and the provisions of the UN Convention on Contracts for the International Sale of Good (CISG).",{"type":51,"attrs":970},{"textAlign":13},{"type":280,"content":972},[973],{"type":51,"attrs":974,"content":975},{"textAlign":13},[976],{"text":977,"type":46},"The place of performance shall be Vienna, Austria, and all disputes, differences of opinion and claims arising under the contractual relationship and/or these Terms of Service or relating to these Terms of Service, their violation, dissolution or invalidity shall exclusively be filed with a court with subject matter jurisdiction at the place where Prewave has its registered office.",{"type":40,"attrs":979,"content":980},{"level":42,"textAlign":13},[981],{"text":982,"type":46,"marks":983},"§ 10: Final Provisions",[984],{"type":49},{"type":275,"attrs":986,"content":987},{"order":277},[988],{"type":280,"content":989},[990],{"type":51,"attrs":991,"content":992},{"textAlign":13},[993],{"text":994,"type":46},"The Parties commit to adhere to all laws and regulations as may be applicable to them during the term of the contractual relationship, including to:",{"type":51,"attrs":996,"content":997},{"textAlign":13},[998,999,1004],{"text":707,"type":46},{"text":1000,"type":46,"marks":1001},"Environmental Responsibility:",[1002],{"type":1003},"underline",{"text":1005,"type":46}," Commit to environmentally responsible practices in all business activities. Collaborate on initiatives that reduce environmental impact and promote sustainability.",{"type":51,"attrs":1007,"content":1008},{"textAlign":13},[1009,1010,1014],{"text":716,"type":46},{"text":1011,"type":46,"marks":1012},"Sanctions Compliance:",[1013],{"type":1003},{"text":1015,"type":46}," Each Party represents and warrants to the other Party that it is not: ",{"type":51,"attrs":1017,"content":1018},{"textAlign":13},[1019],{"text":1020,"type":46},"i. subject to asset freeze sanctions (as e.g. published and maintained by the U.S., UK, UN, EU, or any jurisdiction which is a member of the European Economic Area, or Switzerland) nor is it owned or controlled by any such person(s) whether individually or collectively;",{"type":51,"attrs":1022,"content":1023},{"textAlign":13},[1024],{"text":1025,"type":46},"ii. the type of person captured within the scope of other economic or financial sanctions which prohibit the provision or use of Services under this Contract nor is it owned or controlled by any such person(s) whether individually or collectively; or",{"type":51,"attrs":1027,"content":1028},{"textAlign":13},[1029],{"text":1030,"type":46},"iii. organized, headquartered or established in a country or territory subject to comprehensive geographic sanctions or owned or controlled by any such person(s).",{"type":51,"attrs":1032,"content":1033},{"textAlign":13},[1034,1036,1037,1038],{"text":1035,"type":46},"Additionally, the User warrants that (a) it will not supply, or make available (whether directly or indirectly), the Prewave Services to any person who meets the criteria set forth in (i), (ii) or (iii), or use them for the benefit of, or for any transaction involving, any person who meets the criteria set forth in (i), (ii) or (iii) (hereinafter, collectively “Prohibited Entities”), (b) it shall not supply to Prewave any data related to any Prohibited Entity, and (c) it shall not supply, or make available (whether directly or indirectly), the Prewave Services to any person organized, headquartered or established in a country or territory where the provision of such services would be prohibited. ",{"type":115},{"type":115},{"text":1039,"type":46},"For the avoidance of doubt, the foregoing prohibitions apply notwithstanding any terms in any agreement or other writing, whether expressed or implied. Each Party agrees that it will notify the other Party if it learns that any representation made herein is no longer accurate. If the User is in breach of this provision, or if Prewave determines that it is prohibited under any applicable law or regulation from providing Services under this Contract, in addition to any other rights or remedies it may have, Prewave may immediately terminate the Contract.",{"type":51,"attrs":1041,"content":1042},{"textAlign":13},[1043,1044,1048],{"text":479,"type":46},{"text":1045,"type":46,"marks":1046},"Legal Compliance:",[1047],{"type":1003},{"text":1049,"type":46}," Operate in strict accordance with all applicable laws and regulations. Avoid any engagement in activities that breach legal requirements. The User assures Prewave its authorization to use the Prewave Services and its compliance with all applicable import regulations. The User is obliged to be informed about the applicable import regulations and to ensure that all requirements are met. If necessary, the User must obtain the required approvals in good time.",{"type":51,"attrs":1051,"content":1052},{"textAlign":13},[1053,1054,1058],{"text":733,"type":46},{"text":1055,"type":46,"marks":1056},"Protection and Adherence to Human Rights:",[1057],{"type":1003},{"text":1059,"type":46}," Ensure the protection and promotion of human rights in all business operations. Uphold the principles of equality, non-discrimination, and fair labour practices.",{"type":51,"attrs":1061,"content":1062},{"textAlign":13},[1063],{"text":1064,"type":46},"2. These Terms of Service contain the entire agreement between the Parties about its subject matter and any concluded previous understanding, agreement, representation or warranty, verbal or written, relating to that subject matter is replaced thereby and has no further effect.",{"type":51,"attrs":1066,"content":1067},{"textAlign":13},[1068],{"text":1069,"type":46},"3. Prewave reserves the right, at any time, to unilaterally modify these Terms of Service, subject to the User’s right to terminate the Contract within fourteen (14) days after notification of such modification, failing which the modification shall take effect upon expiry of this period. The User will be informed of any such changes through any adequate means. Amendments or supplements to these Terms of Service mutually agreed upon by the Parties must be in writing to be valid. This also applies to any deviation from the written form hereby agreed upon, so that there can be no presumption of tacit deviation from this requirement for validity.",{"type":51,"attrs":1071,"content":1072},{"textAlign":13},[1073],{"text":1074,"type":46},"4. If individual provisions of these Terms of Service are or become invalid or unenforceable or the Terms of Service are deemed as incomplete, the other provisions of these Terms of Service shall be unaffected and shall remain valid and enforceable. Invalid or unenforceable provisions shall be interpreted and amended, by mutual consent, with valid and enforceable provisions that come closest to the intended economic outcome of the Parties.","c-text","m-section",{"_uid":1078,"is_big":14,"component":1075},"c76c2dc4-c40c-41c1-bb09-b9d2ede6fa2f",[],{"type":37,"content":1081},[1082],{"type":51},"terms-of-service","fr/terms-of-service",20,[],"768d9b70-d3eb-4f61-ac11-430d5281447b","2025-03-12T12:58:37.319Z","fr",[],[1092,1093],{"path":1083,"name":13,"lang":1089,"published":13},{"path":1083,"name":13,"lang":1094,"published":13},"de",1775205593905]