General terms and conditions

Last updated: 22.05.2025

§ 1 General, Scope

(1) Welcome to RUBINLAKE! These General Terms and Conditions ("GTC") govern the access and use of the website RUBINLAKE GmbH and its functions, services, products or applications offered by RUBINLAKE GmbH (hereinafter "RUBINLAKE", "RUBINLAKE Services" or "Service"). This contract is concluded between RUBINLAKE, with its registered office at Bettinastraße 62, D-60325 Frankfurt am Main, Germany, and the users of the platform https://rubinlake.com/ (hereinafter "customers"). The following General Terms and Conditions shall apply in the version valid at the time of the conclusion of the contract.

(2) The customer's terms and conditions shall not apply and shall not become part of the contract, even if RUBINLAKE does not separately object to their applicability in individual cases. Any reference by RUBINLAKE to a letter containing or referring to the customer's terms and conditions shall not be deemed as consent.

(3) By using the RUBINLAKE Services, you agree to comply with these GTC, the Privacy Policy and the Usage Policy. If the Service is used on behalf of an organization or entity ("Organization"), the customer agrees to these GTC on behalf of that Organization and represents that Customer has the authority to bind the Organization to these GTC.

(4) In order to use the services of RUBINLAKE according to these General Terms and Conditions and to access content, the customer must be at least 18 years old or older and be authorized to conclude a legally binding contract with RUBINLAKE and may not be prevented from doing so due to applicable legal provisions. The customer warrants that all information provided to RUBINLAKE during their registration is true, correct, and complete. The customer ensures this at all times.

(5) In order to use the services of RUBINLAKE, the customer must create an account. The username and password are for the use of registered customers only and should be kept confidential. The customer acknowledges that they may be responsible for any authorized use of the username and password within the RUBINLAKE services, as well as for any unauthorized use that they could have prevented by exercising due diligence. In the event of loss or theft of the username or password, or if it is suspected that a third party has had unauthorized access to the account, the customer shall immediately contact Customer Support and change their password.

(6) The services are offered exclusively for business purposes and are intended for natural or legal persons acting in the course of their commercial or professional activities when entering into a legal transaction. The customer confirms that the services will be used solely for business or commercial purposes.

§ 2 Conclusion of the contract

(1) RUBINLAKE offers individually created services on the website. The offered services constitute legally binding offers. A contract is concluded after acceptance of the offer by the customer.

(2) A trial subscription can be changed to a paid subscription by clicking on "Order with obligation to pay".

(3) The legal relationship between RUBINLAKE and the customer is governed by the terms and conditions for the services provided on the website, including these General Terms and Conditions and usage guidelines pursuant to § 6 of these GTC.

§ 3 Our Services

(1) RUBINLAKE is an online service provider that makes automated data for competition and market analysis available to the customer via its services. The customer can use this data to make independent decisions on competitive or market strategy or to obtain information on various developments of other companies. RUBINLAKE offers its services in different options. Certain options of the Services are offered free of charge, while other options require payment before they can be used (hereinafter "Paid Subscriptions"). RUBINLAKE may also offer special promotions, memberships or services, including offers of third party products and services. The services customers shall receive are the services which are offered on the day of the conclusion of the contract in accordance with § 2 para. 1 or 2 .

(2) RUBINLAKE may from time to time offer paid subscriptions for free or at a reduced price for a limited period of time on a trial basis ("Trial Subscription"). There is no entitlement to free services.

(3) The scope of services of the respective options of the services of RUBINLAKE is listed individually on the website. After conclusion of the contract, the booked service is immediately available to the customer via the log-in system of RUBINLAKE.

§ 4 Payment / Billing / Price change

(1) Upon purchasing of a paid subscription, the customer shall pay an annual subscription fee. All prices listed on the website do not include the applicable statutory value added tax. Payment of the subscription fee shall be made in advance. Credit card processing is available to the customer as a payment method. No other payment method is possible. By concluding the purchase contract, the customer authorizes RUBINLAKE to charge the specified credit card for the duration of the subscription. If a payment cannot be successfully processed because the respective payment method has expired, does not have sufficient funds or fails for any other reason, RUBINLAKE may block the customer's access to the service until a valid payment method has been successfully charged. For certain payment types, the issuer of the payment type may charge a certain fee, such as a foreign transaction fee or other payment processing fees. Local applicable taxes may vary depending on the payment type. The customer is responsible for all fees.

(2) RUBINLAKE may also, in its reasonable discretion, change subscription fees and other prices to compensate for the increased total costs of providing the RUBINLAKE Services. Relevant for the calculation of the total costs are, for example, the costs of the content, administrative costs, the costs of maintaining and operating the IT infrastructure, general overhead costs (costs of sales and marketing, personnel costs, rent, external service providers, energy), as well as financing costs, tax, fees and other charges. RUBINLAKE is entitled to adjust the subscription fees accordingly in the event of a change in the statutory value added tax.

(3) All price changes will be effective no earlier than 30 days after notification but no later than the next annual subscription fee.

§ 5 Duration / Termination

(1) The paid subscription is extended by one year if a business customer has not cancelled the subscription before the expiry of the minimum term via the "Cancel" button in the customer account. Accordingly, the contract shall be extended after expiry of the extension year.

(2) The paid subscription shall be renewed for an indefinite period of time if the customer is a consumer and has not cancelled the subscription via the "Cancel" button in the customer account before the end of the minimum term. In this case, however, the customer can terminate the subscription via his customer account at any time at the end of the billing month.

§ 6 User Guidelines

(1) The use of RUBINLAKE services is subject to the following terms of use. The customer is obliged to observe and comply with them. During the term of the subscription, the customer is granted a limited, non-exclusive and non-transferable right to access the services and their contents of RUBINLAKE. Apart from this, no right, title or interest is transferred to the customer. By entering into the Agreement, the Customer agrees not to violate the following policies:

a) Copy, redistribute, reproduce, "rip", record, "crawl", transmit, publicly perform or display, broadcast or make available to the public any RUBINLAKE Services or the Content, or any portion thereof, or otherwise use the RUBINLAKE Services or the Content in a manner not expressly permitted under the Agreement or applicable law, or otherwise infringe any intellectual property rights (e.g., copyrights) relating to the RUBINLAKE Services or the Content, or any portion thereof;

b) Use of the Services to import or copy local files for which the Customer does not have the authorization to import or copy in this way;

c) Reverse engineer, decompile, disassemble, modify or create derivative works based on the RUBINLAKE Services, its content or any part thereof, except to the extent permitted by applicable law;

d) Circumvention of the technologies used to protect the content or the services;

e) Sell, rent, sublicense or lease RUBINLAKE's Services or the Content or any portion thereof;

f) Giving your password to someone else or using someone else's username and password;

g) Using the Services for purposes that are unlawful or which purpose is to commit or facilitate the commission of an unlawful act of any kind, including the violation of intellectual property rights, personal rights or property rights of RUBINLAKE or third parties;

h) Impersonate any other user or person or entity, or misrepresent that you are associated with another user or person or entity, or make any other statement that is otherwise fraudulent, inaccurate, deceptive or misleading;

i) Disable, disrupt, circumvent, or interfere in any way with RUBINLAKE Services; or

j) Use the Services in any manner that RUBINLAKE believes violates the Agreement.

Each culpable violation of one of the aforementioned prohibitions of use according to lit. a) to j) will result in a contractual penalty in the amount of EUR 10,000.00.

(2) A violation of the provisions of these User Guidelines or the GTC (or if RUBINLAKE has reason to believe that it will violate the provisions of these User Guidelines or the GTC) will result in the temporary or - in case of material or repeated violations - permanent suspension of the customer account, taking into account the legitimate interest of the customer. Furthermore, RUBINLAKE shall have the right to disable any username, password, or other identifier, whether chosen by Customer or provided by RUBINLAKE, at any time in its sole discretion, whether for any reason or for no reason, including, without limitation, if, in RUBINLAKE's opinion, any provision of this Agreement is violated.

(3) RUBINLAKE reserves its the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

§ 7 Limitation of Liability

(1) Under this agreement, RUBINLAKE shall be liable without limitation for damages due to intentional or negligent injury to life, body or health as well as for other damages based on intent or gross negligence on the part of RUBINLAKE or its legal representatives or vicarious agents.

(2) Insofar as RUBINLAKE is not liable without limitation according to the provisions of the first paragraph, RUBINLAKE's liability for damages or reimbursement of expenses shall be limited to the typically foreseeable damage in the event of a breach of an essential contractual obligation based on simple negligence. Material contractual obligations are obligations the fulfillment of which makes the proper execution of the agreement possible in the first place and the fulfillment of which the customer regularly relies on and may also rely on (cardinal obligations). RUBINLAKE's liability based on the applicable product liability law provisions shall remain unaffected.

(3) Beyond the aforementioned cases, any liability of RUBINLAKE is excluded. In such cases, the customer's sole and exclusive remedy for problems or dissatisfaction with the RUBINLAKE services shall be termination of the use of the RUBINLAKE services.

(4) RUBINLAKE shall not be liable for damages due to a loss of data insofar as the damage could have been prevented if the customer had made backup copies at reasonable intervals.

§ 8 Data protection

RUBINLAKE collects, processes, stores and transmits personal data in accordance with its privacy policy. RUBINLAKE's privacy policy is also part of this contract.

§ 9 Final provisions

(1) RUBINLAKE may revise and update these Terms and Conditions at any time. In case of changes, RUBINLAKE will notify the customer via e-mail at the e-mail address linked in the account or via an in-product notification. These updated General Terms and Conditions shall enter into force no later than 30 days after the notification.

(2) Should one or more provisions of this agreement be or become invalid, the remaining provisions shall nevertheless apply. The invalid or void provision shall be replaced by a provision which the parties would have agreed upon to achieve the same economic success if they had known about the defect.

(3) These GTC are subject to applicable German law. The place of jurisdiction for all disputes arising from this contract is exclusively Frankfurt am Main, as far as legally permissible.