Terms and Conditions

1.1 These Terms apply to all use of the Service by Customer.

1.2 Any conflicting or additional terms of Customer shall not apply unless expressly accepted by ResearchConcepts io GmbH in text form.

1.3 A contract is formed when ResearchConcepts io GmbH accepts Customer's order, activates Customer's account, or otherwise makes the Service available to Customer.

2.1 The Service provides access to weather station, sensor, and related environmental data, together with APIs, client libraries, device management functionality, analytics, and visualisation features, as made available by ResearchConcepts io GmbH from time to time.

2.2 The current features of the Service follow the applicable product description, documentation, order form, or pricing page.

2.3 ResearchConcepts io GmbH may further develop the Service and make reasonable technical, functional, or security-related changes, provided such changes do not materially reduce the core agreed functionality.

3.1 Customer must provide accurate and complete registration information and keep it up to date.

3.2 Access credentials, API keys, and tokens are confidential and may only be used by authorised users within Customer's organisation or as otherwise expressly permitted.

3.3 Customer is responsible for all activities carried out through its accounts and credentials, unless caused by ResearchConcepts io GmbH.

3.4 Customer shall inform ResearchConcepts io GmbH without undue delay if it becomes aware of unauthorised access, misuse, or a security incident affecting its account or credentials.

4.1 Customer may use the Service only in accordance with these Terms, the documentation, and applicable law.

4.2 Customer shall not, and shall not permit any third party to:

• access or use the Service in an unlawful manner;
• interfere with, disrupt, damage, test vulnerabilities of, or gain unauthorised access to the Service or related systems;
• circumvent technical or contractual usage restrictions, quotas, or rate limits;
• copy, modify, translate, create derivative works from, reverse engineer, decompile, or otherwise attempt to extract source code from the Service, except where such restriction is prohibited by mandatory law;
• use the Service to transmit malware, harmful code, or unlawful content;
• resell, sublicense, or commercially exploit the Service for third parties, except where expressly agreed;
• share credentials with unauthorised persons.

5.1 Customer must comply with the technical requirements and integration instructions stated in the documentation.

5.2 ResearchConcepts io GmbH may define and reasonably adjust rate limits, usage quotas, and fair-use thresholds where necessary for stability, security, or equitable resource allocation.

5.3 ResearchConcepts io GmbH may throttle, suspend, or reject requests that exceed applicable limits or present a security or stability risk.

6.1 Customer is responsible for its own systems, devices, configurations, integrations, and the accuracy, legality, and integrity of data it uploads, submits, or transmits through the Service ("Customer Data").

6.2 Customer shall obtain all rights, permissions, and legal bases necessary for the use of Customer Data in connection with the Service.

6.3 Customer remains responsible for compliance with export control, sanctions, procurement, sector-specific, and other laws applicable to its own business and use case.

7.1 As between the parties, Customer retains all rights in Customer Data.

7.2 ResearchConcepts io GmbH may process Customer Data only to the extent necessary to provide, secure, maintain, support, and improve the Service, and as otherwise permitted by law and the applicable privacy documentation and any data processing agreement.

7.3 Unless expressly agreed otherwise in writing, Customer may not resell, sublicense, or redistribute raw data obtained through the Service as a standalone data product.

7.4 ResearchConcepts io GmbH may use aggregated and irreversibly anonymised usage statistics for service improvement, security, capacity planning, and business analytics, provided such information does not identify Customer or any natural person.

8.1 Customer shall pay the fees set out in the applicable order form, subscription plan, or pricing page.

8.2 Unless otherwise stated, all fees are net of VAT and any similar taxes. Customer shall bear applicable taxes, duties, or levies, except taxes based on ResearchConcepts io GmbH's net income.

8.3 Invoices are due within fourteen (14) days of the invoice date unless otherwise agreed.

8.4 In the event of late payment, statutory default interest and other statutory rights remain reserved.

8.5 ResearchConcepts io GmbH may adjust prices for future renewal periods upon reasonable prior notice.

9.1 ResearchConcepts io GmbH does not guarantee uninterrupted or error-free availability of the Service unless expressly agreed in a separate service level agreement.

9.2 Planned maintenance, urgent security measures, force majeure, failures of third-party infrastructure, and events outside ResearchConcepts io GmbH's reasonable control may affect availability.

9.3 Any support commitments, response times, or service levels apply only if expressly agreed in writing.

10.1 ResearchConcepts io GmbH may suspend access to the Service, in whole or in part, without prior notice where this is reasonably necessary to:

• address a security risk or ongoing attack;
• prevent harm to the Service, other customers, or third parties;
• stop unlawful use or a material breach of these Terms;
• comply with a legal obligation or binding authority request; or
• address non-payment after prior reminder where legally permissible.

10.2 ResearchConcepts io GmbH will, where practicable, inform Customer of the reason for the suspension and restore access once the issue has been resolved.

11.1 These Terms commence on the effective date of the contract and continue for the agreed subscription term or, if no term is agreed, until terminated in accordance with this Section.

11.2 Either party may terminate a continuing subscription with thirty (30) days' notice to the end of the current billing period, unless a different term is agreed.

11.3 Either party may terminate for cause without notice if the other party materially breaches these Terms and fails to remedy that breach within a reasonable cure period after notice, or if continuation of the contract is unreasonable under applicable law.

11.4 Upon termination, Customer's right to use the Service ends. Customer shall cease use of the Service and delete confidential materials of ResearchConcepts io GmbH unless retention is required by law.

11.5 Sections which by their nature are intended to survive termination shall remain in effect, including provisions on fees, intellectual property, confidentiality, liability, governing law, and dispute resolution.

12.1 The Service, including all software, APIs, documentation, trademarks, designs, databases, and other materials of ResearchConcepts io GmbH, is protected by intellectual property laws.

12.2 Subject to these Terms and payment of applicable fees, Customer receives a non-exclusive, non-transferable, non-sublicensable right during the term to use the Service for its internal business purposes.

12.3 No rights are granted except as expressly stated in these Terms.

12.4 "uniWeather" and related names, logos, and marks are trademarks of ResearchConcepts io GmbH or its licensors.

13.1 Each party shall treat as confidential all non-public business, technical, commercial, and security-related information disclosed by the other party that is marked confidential or is confidential by its nature ("Confidential Information").

13.2 The receiving party may use Confidential Information only for the performance of the contract and shall protect it with at least reasonable care.

13.3 The confidentiality obligations do not apply to information that:

• is or becomes public without breach of these Terms;
• was lawfully known to the receiving party before disclosure;
• is lawfully received from a third party without confidentiality obligation; or
• is independently developed without use of the disclosing party's Confidential Information.

13.4 Disclosure is permitted where required by law, court order, or binding authority request, provided the receiving party informs the disclosing party in advance where legally permitted.

14.1 ResearchConcepts io GmbH will provide the Service with reasonable care and skill.

14.2 Unless expressly agreed otherwise, the Service is provided as a standard service and not tailored to any specific individual use case of Customer. Customer is responsible for verifying whether the Service is suitable for its intended purposes.

14.3 Data made available through the Service may be affected by sensor limitations, connectivity issues, calibration deviations, external conditions, delays, or third-party dependencies. ResearchConcepts io GmbH does not warrant that data is complete, uninterrupted, or error-free in every case.

14.4 Except as expressly set out in these Terms, statutory warranties apply subject to the limitations permitted by mandatory law. To the extent legally permissible, any further warranties, guarantees, or implied conditions are excluded.

15.1 ResearchConcepts io GmbH shall be liable without limitation:

• for intent and gross negligence;
• for injury to life, body, or health;
• under the German Product Liability Act, where applicable;
• in the event of fraudulent concealment of a defect or an expressly assumed guarantee; and
• in all other cases where liability cannot be excluded or limited under mandatory law.

15.2 In cases of ordinary negligence, ResearchConcepts io GmbH shall be liable only for breach of a material contractual obligation (wesentliche Vertragspflicht / Kardinalpflicht), and in that case liability shall be limited to the foreseeable damage typical for this type of contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment Customer may regularly rely.

15.3 To the extent permitted by law, liability for ordinary negligence under Section 15.2 shall be limited, per contract year, to the total fees paid by Customer for the Service in the twelve (12) months preceding the damaging event, or EUR 10,000 if no such fees were paid.

15.4 The limitations in this Section also apply in favour of the legal representatives, employees, and vicarious agents of ResearchConcepts io GmbH.

15.5 Customer acknowledges that the Service is not intended for use in situations in which failure, inaccuracy, or downtime could directly lead to death, personal injury, or severe environmental or property damage, unless expressly agreed otherwise in writing.

16.1 Customer shall indemnify and hold harmless ResearchConcepts io GmbH from third-party claims arising out of Customer Data, Customer's unlawful use of the Service, or Customer's breach of these Terms, unless Customer is not responsible for the relevant event.

16.2 ResearchConcepts io GmbH shall promptly inform Customer of such claims and reasonably cooperate in the defence.

18.1 ResearchConcepts io GmbH may amend these Terms where this is necessary due to changes in law, security requirements, technical developments, market conditions, or the Service offering, provided the amendment is reasonable for Customer.

18.2 ResearchConcepts io GmbH will notify Customer of material changes in text form at least thirty (30) days before they take effect.

18.3 If a material change significantly disadvantages Customer, Customer may object before the effective date. If Customer objects, ResearchConcepts io GmbH may continue the contract under the previous terms or terminate the affected contract with reasonable notice.

18.4 Purely editorial changes, changes required by mandatory law, and changes that do not materially affect the contractual balance may take effect upon publication.

19.1 Each party shall comply with applicable data protection law, including the GDPR where applicable.

19.2 If and to the extent ResearchConcepts io GmbH processes personal data on behalf of Customer, the parties shall enter into a separate data processing agreement as required by applicable law.

19.3 Information on the processing of personal data by ResearchConcepts io GmbH as controller is set out in the Privacy Policy.

21.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

21.2 If Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Freiburg, Germany.

21.3 Mandatory statutory provisions on jurisdiction and mandatory consumer protection law remain unaffected where applicable.

22.1 Customer may assign rights or obligations under these Terms only with the prior written consent of ResearchConcepts io GmbH, unless assignment occurs by operation of law.

22.2 ResearchConcepts io GmbH may assign these Terms to an affiliated company or in connection with a merger, acquisition, corporate restructuring, or sale of substantially all relevant assets, provided Customer's legitimate interests are not unreasonably impaired.

22.3 There are no oral side agreements. Amendments and supplements to the contract shall be made in text form unless stricter form is required by law.

22.4 If any provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected. The statutory rule shall replace the invalid provision.

22.5 In the event of inconsistencies between these Terms and an order form or separately signed agreement, the separately signed agreement prevails.