1. Subject of the Contract and Applicability
These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all services offered by app-concept.com GmbH (hereinafter “app-concept.com”) for the mobile application called “Sajoki” designed for personality testing and team dynamics analysis, compatible with various devices (mobile phones and computers). App-concept.com and the contractual partner commit to fulfilling the services stipulated in the contract executed through the use of the Sajoki app, in accordance with these Terms and Conditions and the prices listed within the Sajoki app. Our Terms and Conditions and pricing shall apply exclusively. We do not accept any terms and conditions from our contractual partners that conflict with or deviate from our Terms and Conditions unless we have expressly consented to their validity in writing. These Terms and Conditions also govern all future engagements with contractual partners, adhering to the version valid at the time of concluding the latest contract.
2. Conclusion of Contract and Term
“Users” who utilize Sajoki for personality assessments, the contract term begins after creating a user account and attaching a personal profile. Activating a user account and creating a profile implies the express acceptance of our general terms and conditions and data protection declaration. Our service is free for individual users. The user account remains active until the user deactivates or deletes the profile. This option is reserved to the user at any time.
3. Service Description
The contract obliges app-concept.com to make available the user’s created profile via the Sajoki app. User accounts are created either by registering with a first name, last name, email, and password which are saved to our database, or by signing in with their Google or Apple ID. Once these accounts have been set up in accordance with Section 2 of the General Terms and Conditions, they are made available online immediately, but not later than within 24 hours. Users may opt to add additional personal information to their Sajoki profile, which will also be saved in our database. When suggesting personality matches or insights, the app displays the user’s unique account number and personality traits. This information is used to compare profiles via the Sajoki app to provide personalized feedback and suggestions for development or team placement.
4. Basics of Collaboration
App-concept.com reserves the right not to carry out orders placed by the contractual partner or to remove content that violates legal requirements, official prohibitions, third-party rights, common decency, or the general terms and conditions of app-concept.com.
5. Intellectual Property Rights
This contract does not grant any transfer of ownership, usage rights, licenses, or other entitlements to the software to the users of the Sajoki app. All rights to the software, including trademarks, titles, and copyrights, as well as other proprietary rights of app-concept.com, remain fully with app-concept.com. All work products and information issued by app-concept.com are protected under copyright laws as the property of app-concept.com. Users of the Sajoki app, or third parties acting on behalf of app-concept.com, grant app-concept.com a free, non-exclusive right to use the texts and images provided, which is limited to the duration of the contract.
6. Warranty, Defects
App-concept.com guarantees that the user profiles published via the Sajoki app are implemented in accordance with the usual technical standards. Claims related to defects are excluded, as the app only processes data that has been entered and authorized by companies and users.
7. Liability
App-concept.com is liable only for damages caused intentionally or through gross negligence, and this liability is limited to breaches of fundamental contractual obligations, with compensation restricted to foreseeable, typical damages. App-concept.com is not responsible for accidental data loss or damage and recommends users back up their data. The company does not guarantee error-free operation or accuracy of user profiles and is not liable for content posted by users. Responsibility for any interactions or exchanges resulting from assessments made through the Sajoki app rests solely with the users.
8. Secrecy
With the registration and use of the Sajoki app, mutual compliance with all applicable data protection laws is agreed upon. Users of the Sajoki app are hereby informed, in accordance with the Data Protection Act, that app-concept.com stores their data in machine-readable form and processes it automatically as intended.
9. Final Provisions
The law of the Federal Republic of Germany governs this contract and its interpretation. If the customer is a merchant as defined in Section 1 Paragraph 1 of the Commercial Code (HGB), a legal entity of public law, or a special public-law fund, the courts at the location of app-concept.com GmbH have exclusive jurisdiction over all disputes arising from or in connection with the contract. In all other cases, either app-concept.com or the customer may initiate proceedings in any court possessing jurisdiction under statutory laws. Access to agreed services is limited to the agreed quotas or the duration of the contract. App-concept.com is committed to continually enhancing the Sajoki app to deliver the best possible outcomes for all contractual partners. App-concept.com reserves the right to modify or change the Sajoki app at its discretion at any time.
10. Severability Clause
If parts of the General Terms and Conditions set out here are ineffective, the validity of the remainder will not be affected.
app-concept.com GmbH, September 09, 2024.