Terms of Use – decídalo Office Add-In

These Terms of Use govern the legal relationship between Data Assessment Solutions GmbH and business customers as defined in the §14 German Civil Code (BGB) (hereinafter referred to as “Customer”)

General

The operator of decídalo and associated or related tools such as the decídalo Office Add-In (together: “Applications”) is Data Assessment Solutions GmbH (“DAS”). By using the Applications, you agree to be bound by these Terms of Use.

1. Permitted Use

The use of our Applications is permitted exclusively for business purposes by or on behalf of companies within the meaning of §14 BGB. Any other use without the prior written consent of DAS is prohibited. Without prejudice to the assertion of other rights, DAS reserves the right to block access at any time if these Terms of Use are violated.

2. User Account

In order to use the Applications, users must have a user account in the form of a registered e-mail address. After a user or a company has registered for decídalo, a dedicated decídalo client is created for it, to which all other user accounts of the company are assigned. The scope of user rights within the application is decided by the account owner on the client’s side.

DAS reserves the right to delete free user accounts that have not been used for a period of three months or after the expiry of a predefined test phase.

3. Functionalities

Decídalo is an SaaS industry solution for IT services and consulting companies. It offers customers comprehensive skills and CV management for its own employees as well as the option of managing reference projects. In addition, resource management maps the staffing process through to time recording and provides various aggregated views.

The decídalo Office Add-In enables customers to access an existing decídalo database directly from a running office application. It uses an extended Azure Open AI model that enables the customer to generate results e. g. by selecting text as input for a database query or by direct chat inputs.

4. Database and Backups

The data records collected with our Applications are stored in the Azure Cloud. Only the account owner or users authorized by the account owner and DAS employees have access to the database. The data records of an account are irretrievably deleted after the end of the respective contractual relationship. It is the responsibility of each Contractual Partner to make regular data backups.

Some functionalities of the decídalo Office Add-In require that the interaction with the Azure Open AI is stored for a limited period of time. The data store where customer prompts (inputs) and completions (outputs) are stored is logically separated by customer on the Azure OpenAI resource in the customer’s Azure tenant (each request includes the resource ID of the individual user’s Azure OpenAI resource). The stored data is not shared with third parties and is automatically deleted after a defined time period.

Microsoft guarantees that all customer prompts (inputs) and completions (outputs), all embeddings and training data are NOT available to other customers, NOT available to OpenAI, NOT used to improve OpenAI models, NOT used to improve any Microsoft or 3rd party products or services and are NOT used for automatically improving Azure OpenAI models for use in our resource. Our fine-tuned Azure OpenAI models are available exclusively for the use of us and our respective Customers.

5. Intellectual Property

All copyright, trademark, design and other intellectual property rights are owned by DAS or its licensors. You may not reproduce, edit, distribute, publicly display or otherwise use any decídalo content or underlying software code, in whole or in part, without DAS’s prior written consent.

6. Limitations of Liability

Defects of the Applications are only given if essential functionalities are not available as assured. Within the scope of a free use of the application, DAS is not obligated to remedy defects.

The contracting party is responsible for all damages and violations of rights that occur in the context of the use of the Applications and may also be liable to third parties.

DAS is only liable within the scope of the statutory provisions for damages that are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct on the part of DAS or its legal representatives or vicarious agents.

7. Data Privacy

In the context of the operation of the Applications, DAS collects and processes only those data that are absolutely necessary for the operation of the platform. The legal basis is the provision of contractually agreed services, authorization and access control and, if applicable, the provision of service and maintenance services by agreement as part of the performance of the contract pursuant to Art. 6 para. 1 lit. b GDPR.

The processing of your data in connection with the use of the conversational AI services is carried out in accordance with Art. 6 (1) lit. f GDPR on the basis of our legitimate interests to provide you with an optimized and personalized user experience.

The contractual partner is the responsible party in the sense of Art. 4 No. 7 GDPR with regard to the collection, processing and use of data of its users as well as the collection, processing and use of personal data within the scope of the decídalo account for which it is responsible. It is the responsibility of the contractual partner to obtain any necessary declarations of consent from those affected and to inform them of their rights and obligations under data protection law.

To conclude a data processing agreement (DPA) with us pursuant to Art. 28 (3) GDPR, please contact our data protection officer or use the following link: www.decidalo.com/dpa.

You can also find further information on this in our Privacy Notice at www.decidalo.com/privacy-notice.

8. Support

DAS provides product support (“Support”) for the Applications only within the framework of a contractual relationship for which a fee is charged that expressly includes support services. Outside of this, there is no claim for support services against DAS.

9. Other agreements

We adapt the terms of use to changed functionalities or changed legal situations. Therefore, we recommend that you take note of the Terms of Use at regular intervals.

Should any provision of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions of the Terms of Use. Instead of the invalid provision, a provision shall be deemed agreed which comes as close as possible to the economic purpose of the invalid provision. The validity of contracts in connection with these terms of use remains unaffected.

These terms of use are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Hannover.

 

Status: March 2024