Beta Test User Agreement

By agreeing to the Terms of Use, e.g. by clicking on the appropriate check mark and triggering the appropriate button afterwards (or any other button or mechanism to confirm your acceptance of this User Agreement), or by downloading or accessing the Beta Product, you are entering into a User Agreement. This Beta Test User Agreement (the “Agreement”) is entered into by and between Datapods GmbH and you (“Beta Tester”, “Licensee” or “you”). Below you will find information about this Beta Test:

Who is conducting the Beta Test and who has access to the collected data?

The Beta Test is conducted by Datapods GmbH, Kölnstraße 179b, 53111, Bonn. Only Jakob Endler, Lukas Stein, Finn Rübo and David Goldschmidt have access to the data.

What is the purpose of the beta test?

The purpose of the Beta Test is to examine the usability and user experience, as well as the general functionality and operation of the Beta Product – the Datapods App.

Duration and procedure:

The first phase of the Beta Test, hereinafter referred to as the Beta Test, will take place as long as Datapods GmbH does not declare the Beta Test terminated. The Beta Tester is asked to run and test the functionality of the application.

Intended use of the collected data:

We want to use the collected data to gain insights into the functionality of our app and the user behavior of the Beta Testers while using the app, to improve the functionality and develop new features.

What data is processed?

During the test, the personal data that is collected when downloading and regular use of the Datapods app is processed in accordance with our Privacy Policy for the Datapods App, available at https://www.datapods.app/privacy-policy-app. The same applies for data that the user shares with us during the duration of the beta test as part of regular feedback.

Storage period

All data collected during the test and required for the evaluation will be stored together with the evaluation and analysis for as long as is necessary for the purposes of the Beta Test. At the end of the Beta Test, the specific usage and analysis data will be deleted, provided there are no statutory retention obligations. The further processing of other personal data takes place in accordance with the regulations in the applicable Privacy Policy of the Datapods App.

Confidentiality

Guarantee of confidentiality: All specific usage and analysis data collected as part of the beta test is treated as strictly confidential and is only evaluated and used within the company in order to understand the functionality of the app and user behavior. All data, including usage and analysis data as well as personal data from third-party sources, is always stored in encrypted form. Where this is absolutely necessary for the purposes of the Beta Test, personal data may be viewed by the Datapods employees responsible for the Beta Test in unencrypted form. The data will only be passed on to our processors (to be found in the Privacy Policy for the Datapods App) where this is necessary for the above-mentioned purposes. It will not be passed on to third parties or published in any other way.

Data subject rights

You have the right to:

• to request information as to whether and, if so, which personal data concerning you is being processed, Art. 15 GDPR;
• to request the rectification of inaccurate personal data or the completion of incomplete personal data, Art. 16 GDPR;
• to obtain from us the erasure of personal data concerning you without undue delay, provided that the conditions set out in Art. 17 GDPR are met;
• to demand the restriction of the processing of your personal data, insofar as Art. 18 GDPR provides for this;
• to receive the personal data concerning you in a format that meets the requirements of Art. 20 para. 1 GDPR;
• to data portability under the conditions set out in Art. 20 para. 1 lit. a, b GDPR.

For requests of this kind, please contact kontakt@datapods.app. Please note that we must ensure that we are actually dealing with the data subject for such requests.

Right of withdrawal

You have the right to withdraw your consent to the processing of your personal data at any time with effect for the future, without affecting the lawfulness of processing based on consent before its withdrawal.

Ausübung der Rechte

Wenn du deine oben genannten Recht ausüben möchtest, kannst du die folgenden Personen kontaktieren, die im Rahmen des Beta-Tests als Datenschutzbeauftragte fungieren:

1. Finn Rübo, Co-Founder Datapods GmbH

Kölnstraße 179b 53111, Bonn

E-mail: finn@datapods.app

2. Jakob Endler, Co-Founder Datapods GmbH

Kölnstraße 179b 53111, Bonn

E-mail: jakob@datapods.app

3. Lukas Stein, Co-Founder Datapods GmbH

Kölnstraße 179b 53111, Bonn

E-mail: lukas@datapods.app

4. David Goldschmidt, Co-Founder Datapods GmbH

Kölnstraße 179b 53111, Bonn

E-mail: david@datapods.app

Right to lodge a complaint?

If you are of the opinion that the processing of your personal data by us is unlawful or that we are violating data protection law for other reasons, you can complain to the supervisory authority responsible for us:

North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information

P.O. Box 20 04 44, 40102 Düsseldorf, Germany

Telephone: 0211/38424-0

Fax: 0211/38424-10

E-mail: poststelle@ldi.nrw.de

Further conditions:

Further terms and conditions for participation in this Beta Test:

“Beta Product” means products, software, services and/or features that are identified as beta or pre-release versions of Datapods or a partner of Datapods and are made available to you during the term of this Agreement.

“License” Datapods grants you a non-exclusive, non-transferable, non-sublicensable license to use the Beta Product solely for testing and evaluation purposes. You may not modify, decompile, reconstruct, rent, lease, lend, transfer or make copies of the Beta Product.

“Ownership” All rights to the beta product and the associated documentation, including all improvements, modifications and enhancements made to it, are owned by Datapods or the partners of Datapods and remain with them. With the exception of the rights expressly granted here, no further rights are granted to you, either expressly or implicitly.

“Confidentiality” The information about the Beta Product that Datapods GmbH discloses to you under this Agreement or otherwise in connection with the Beta Product and expressly identifies as confidential, e.g. performance data, functionality and other information relating to the Beta Product, is ‘Confidential Information’ of Datapods GmbH. You undertake to use this confidential information only within the scope of this Agreement and not to disclose any part of the Confidential Information to any other person or company. You undertake to take all reasonable measures to protect the Confidential Information from unauthorized use or disclosure. Confidential Information does not include any information that: (1) was rightfully known to you at the time of disclosure without an obligation of confidentiality, (2) you rightfully received from a third party without restriction on use, or (3) is or becomes generally known to the public without your culpable breach of this Agreement.

“Content Restrictions” The term ‘Content’ includes all communications, text, audio, video, graphics, sound and other materials. You are not permitted to use the Beta Product to transmit, share or publish any Content or materials, including, but not limited to, materials that contain viruses or other harmful code, unsolicited email (spam), copyrighted material to which you do not have appropriate rights, sexually explicit images, pornography or other content that is indecent or harmful to minors; harassing, harmful, unlawful, vulgar, obscene, hateful, tortious or defamatory material that may infringe the intellectual property rights or other rights of third parties, including trademarks, copyrights, trade secrets, patents, rights of publicity or privacy rights, or other material prohibited by applicable international, federal, state or local laws and regulations. You agree to fully comply with all federal, state and local privacy laws in connection with your use of the Services. Datapods has the right, but not the obligation, to monitor the use of the Services. If Datapods earns that you are using the Services to transmit other content that Datapods considers inappropriate, Datapods may notify you and inform you that the transmission of such content is prohibited. The prohibitions set out in this section apply to such content immediately after such notification. Datapods also has the right to block or deactivate your use of the Services if you violate these restrictions. Such action may be taken immediately and without notice.

Termination

a. Unless terminated earlier, this Agreement shall end no later than the release of a publicly available version of the Beta Product by Datapods. Datapods does not guarantee that such a publicly available version will be released.

b. You may terminate this Agreement with immediate effect by giving written notice to Datapods.

c. You agree that Datapods may, in its sole discretion and without prior notice, terminate this Agreement and your access to the Beta Product and/or block your future access to the Beta Product if we determine that you have violated this Agreement or any other agreement or policy that may be associated with your use of the Beta Product, or for any other reason, such as

• a request from law enforcement or other governmental authorities,
• a request by you to delete your account,
• the discontinuation or material modification of the Beta Product; or
• the occurrence of unexpected technical problems.

d. In the event of termination of this Agreement, the restrictions on the content of the Beta Product and the representations and warranties, indemnities and limitations of liability set forth in this Agreement will survive.

e. You agree that Datapods shall not be liable to you or any third party for the termination of your access to the Beta Product.

“Links” The Beta Product may contain links to third-party websites or content. Since Datapods has no control over such websites and content, you agree that Datapods is not responsible for the availability of such external websites or content and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or content. You further acknowledge and agree that Datapods shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or content. It is your responsibility to comply with the terms and conditions applicable to such third party websites or content.

Warranty and guarantee disclaimer

The Beta Product may contain faults and defects and is provided for a limited trial period only. The Beta Product is provided “as is” without warranty of any kind, whether express, implied, statutory or otherwise. Datapods expressly disclaims all implied warranties of merchantability, non-infringement of third party rights and suitability for a particular purpose.

Limitation of liability

Datapods shall be liable without limitation, including for its legal representatives and agents, only in the event of (a) intent or gross negligence, (b) injury to life, limb or health, (c) to the extent of a guarantee assumed by it and (d) under the Product Liability Act. Datapods liability for slightly negligently breached obligations that are essential for achieving the purpose of the contract shall be limited to the amount of damage that is foreseeable and typical for the type of transaction. Beyond this, Datapods shall not be liable.

Miscellaneous

This Beta Test User Agreement and the Terms and Conditions constitute the entire and exclusive agreement between the parties with respect to the Beta Test and supersede all prior oral or written communications, representations and agreements between you and Datapods. The Privacy Policy is provided for your information. Datapods may change the terms of this Agreement at any time upon notice. If you continue to participate in the Beta Test after such an announcement, you thereby acknowledge that you continue to accept this Agreement, including the changes and modifications.

By checking the box,

• I agree to the General Terms and Conditions.
• I declare that I have read the privacy policy.
• I declare that I am 18 years old.

• I agree to participate in the beta test. My participation is voluntary.
• I agree that my personal data may be collected, stored and processed for the purposes stated in the Beta Test User Agreement and that, if necessary, unencrypted data may be viewed by Datapods GmbH staff.
• I declare that I am aware that I can revoke my consent to the purposes stated in the Beta Test User Agreement at any time and without giving reasons with effect for the future and object to the further processing of my data and that the data stored by me will then be deleted.
• I declare that I accept the exclusion of liability and warranty rights for the Beta Test as set out in the Beta Test User Agreement.