General Terms and Conditions

(1) These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded via our web application under the domain assessmentbird.io (hereinafter referred to as Platform) between us,

Geek Cell GmbH Alte Molkerei 1A 53343 Wachtberg Germany Email address: hello@geekcell.io

represented by the managing director Christian Kappen,

and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur, legal entity under public law, special fund under public law, or merchant.

(2) A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor their independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

(3) All agreements made between you and us in connection with this contract are based in particular on these General Terms and Conditions and the information displayed during the ordering process.

(4) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.

(5) We reserve the right to amend these General Terms and Conditions with future effect. Changes only apply to purchases made after the date of the change. Purchase contracts already concluded remain unaffected by a change in the General Terms and Conditions.

(6) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

(7) We only offer the use and ordering of services via the platform to persons of legal age.

(1) The subject matter of these General Terms and Conditions is the provision of the assessmentbird.io platform, which users can use to create their own assessment catalogs, conduct assessments, and export PDF reports, as well as the purchase of paid catalog templates from the integrated marketplace.

(2) We are entitled to expand services, adapt them to technical progress, and/or make improvements. This applies in particular if the adaptation appears necessary to prevent misuse or if we are obliged to adapt services due to legal regulations.

(1) In order to use the service, you must register and create an organization by providing all necessary data and information completely and truthfully. You must ensure that your access data is kept confidential and secure. To this end, you must choose a password that meets the highest security requirements. By registering, you agree to be responsible for all actions taken under your username and password. You are obliged to inform us immediately and unequivocally if you suspect that personal information, including user accounts, access data, or personal data, has been compromised, unlawfully disclosed, or stolen.

(2) Registration and use of the basic functions of the web application are free of charge. This includes, in particular, the creation of your own catalogs, the performance of assessments based on your own catalogs, and the export of PDF reports.

(3) The presentation and advertising of paid catalog templates in the marketplace does not constitute an offer, but only an invitation to submit an offer.

(4) The purchase of paid catalog templates from the marketplace is a one-time purchase. Each purchase entitles you to perform a single assessment for a customer specified in the order. By adding a catalog template to your shopping cart, accepting the terms and conditions, and clicking on the “Order now” button, you are submitting a legally binding offer. The purchase contract is concluded upon our acceptance, which is declared by making the assessment available in your user account.

(5) After purchase, the assessment will be made available in your organization and will remain available to you for as long as the platform is in operation. Completed assessments and the associated PDF reports can be downloaded at any time, unless you have deleted them yourself. If we discontinue the service, we will inform you in advance by email, provided that an email address is stored in your user account. By accepting these Terms and Conditions, you confirm that we may contact you by email for this purpose. Your right of withdrawal under § 4 remains unaffected.

(2) If you, as a consumer, exercise your right of withdrawal in accordance with paragraph 1, you must pay compensation.

(3) In all other respects, the provisions set out in detail in the following apply to the right of withdrawal

(1) All prices quoted on the platform are net prices plus statutory sales tax.

(2) Payment for one-time purchases is made via the payment service provider Stripe. The accepted payment methods will be displayed during the ordering process. The purchase price is due and collected upon completion of the order.

(3) Invoices will be sent to you as PDF documents by email to the email address we have on file.

(1) You can delete your user account at any time via the profile settings on the platform or by sending us an informal message in text form (e.g., email).

(2) When you delete your user account, all data stored in your account will be irrevocably removed. Any assessments you have already purchased and the associated PDF reports should be downloaded before deleting your account.

(3) We are entitled to block or delete user accounts if there is reasonable suspicion of a violation of these Terms and Conditions or legal regulations. Where possible, we will inform you in advance.

(1) You agree to indemnify us against all claims made against us in connection with your use of our service, in particular for any infringement of third-party rights or legal regulations. In addition, you are obliged to compensate us for all other damages and expenses incurred by us in connection with any culpable breach of contract or illegal use of our service by you, in particular through the assertion of claims for possible infringements of rights by third parties. The indemnification obligation also includes, in particular, the obligation to indemnify us for the necessary costs of legal defense.

You must inform us immediately if you discover a legal violation by third parties or if you have evidence of such a violation.

(2) We are entitled to temporarily interrupt the connection of the server to the Internet if we become aware that posted content is illegal or if there is sufficient suspicion of illegality. Sufficient suspicion of illegality exists in particular if we receive a warning from the alleged injured party or are otherwise requested to cease and desist due to the illegality of the use, and the warning or cease-and-desist request is not obviously unfounded, or if we are obliged to do so due to legal regulations. As far as possible, we will consult with you beforehand; otherwise, we will notify you immediately. The blocking shall be limited to the potentially illegal content, as far as this is technically possible and reasonable.

(1) We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable—unless otherwise specified in paragraph 3—for breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, limb, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

(1) We collect, process, and use the personal data you provide. In doing so, we comply in particular with the provisions of the Federal Data Protection Act and the GDPR.

(2) You can access or change the stored data via the platform at any time. For further information, please refer to our privacy policy on the platform.

(1) We provide you with a contact form on the platform at /support, through which you can reach us with questions, technical issues, or other concerns.

(2) We endeavor to respond to your inquiries promptly. There is no entitlement to a response within a specific timeframe.

(3) The personal data transmitted in the course of contacting us will be used exclusively for processing your inquiry. For further information, please refer to our privacy policy.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant, a legal entity under public law or a special fund under public law and have your registered office in Germany at the time of placing the order, our registered office shall be the exclusive place of jurisdiction. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

(3) Complaint procedure via online dispute resolution for consumers (ODR): https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.