Terms Of Use

1. General

1.1. These Terms of Use (or General Terms and Conditions - hereinafter referred to as "Terms") govern the use of the website operated under the product "avanty.app", as well as the services offered in this context, in particular software and applications of Jaschu Ventures UG (haftungsbeschränkt) (hereinafter referred to as "Avanty").

1.2. In addition to this, the privacy policy for the use of the services under https://avanty.app/resources/privacy regulates the rights and obligations of the user of the services of Avanty and of Avanty itself in connection with the relevant data protection laws, in the context of the processing of SQL queries and metadata such as the database schema about the charts stored in Metabase.

1.3. As part of the service of Avanty, Avanty enables the User to access smart AI features in their Metabase instance through a Chrome extension. Avanty does not store or access any of the user's customer data, however, it does process and sometimes store (i.e., in logs) the SQL queries and metadata such as the database schema about the charts stored in Metabase.

1.4. The user must be at least 16 years old to use the service of Avanty (so-called minimum age).

1.5. In the event of contradictions between the provisions of the Terms of Use in German and those in English, the provisions of the Terms of Use in German shall prevail. You can find the German version of this text at https://avanty.app/de/resources/nutzungsbedingungen.

2. Scope and amendment of these terms and conditions

2.1. By using the service of Avanty, the user agrees to the present terms and conditions. Deviating and supplementary individual contractual agreements between the user and Avanty take precedence over the provisions of these terms and conditions.

2.2. The commercial use or further distribution of the offers of Avanty by the user is prohibited.

2.3. Avanty is entitled to change these conditions if the user agrees to the change. The user's consent shall be deemed to have been given if Avanty has notified the user in text form of the proposed amendment to the terms and conditions at least 6 weeks prior to the proposed date of its entry into force and the user has not objected in text form within 6 weeks thereafter. Avanty undertakes to inform the user with the notice of change about the respective changes and by special, highlighted reference to the approval effect of an omitted timely objection.

2.4. Avanty is entitled to change provisions of these terms and conditions, which do not lead to or affect a substantial reorganization of the contractual structure, at any time and without stating reasons, provided that such change does not lead to a reorganization of the contractual structure. The essential provisions of the contract structure shall include provisions relating to the type and scope of the contractually agreed services, the term and termination of the contract. There are no verbal or written collateral agreements.

3. Exclusion of use

3.1. The service of Avanty is not intended as a substitute for specifically indicated and, if applicable, medically recommended or ordered therapeutic medical and psychotherapeutic consultations and services.

By using the service of Avanty, you agree to use the service only for the intended information and communication purposes and in particular not for concrete medical purposes and no claim is made for a concrete medical service by persons acting on behalf of Avanty.

3.2. The service of Avanty does not replace a visit to a doctor or a concretely indicated or ordered psychological service and the use is at the user's own responsibility. If the user suffers from physical or psychological ailments and is not under medical treatment, it is urgently indicated that the user necessarily consults a doctor or psychotherapist. The medical causes of a specific illness can only be determined and treated by a doctor. Avanty does not offer medical or psychotherapeutic services. In particular, in the event of the appearance of symptoms of illness, concrete physical ailments or deterioration of a health condition in connection with the use of Avanty's services, the use should be terminated, and medical assistance sought.

4. General scope of services

4.1. The Avanty service is made available to users via a Chrome extension. Avanty provides smart AI features in the user's Metabase instance. The customer has no legal claim to immediate use of the service, and a request for service provision is generally dependent on acceptance on the part of Avanty.

4.2. Avanty does not undertake to back up data for the user and does not assume any contractual assurances, guarantees, or warranties beyond the legal regulations unless otherwise agreed in individual cases.

5. Login/ Registration

5.1. The prerequisite for the use of Avanty's services is the initial registration/admission of the user prior to the commencement of the service. The registration process requires separate express consent to these Terms, confirmation of awareness of the Privacy Policy including all documents, statements, and consents incorporated herein by reference.

5.2. Avanty is not obligated to confirm or accept registrations of users and may reject users at its sole discretion, e.g., if they may disrupt or distort the service or who actually disrupt or distort the service. Avanty can also declare the confirmation of the registration or the acceptance of the user's order by activating the respective offer, i.e., without issuing a concrete written declaration to the user.

6. Rights and obligations of the user

6.1. The transfer of the user account or other possible accounts for communication with Avanty to third parties is not permitted. The user may use the services of Avanty only for his own private or with Avanty agreed further purposes.

6.2. The service or parts of the services may be subject to copyright protection. The user exclusively receives a simple, non-exclusive, non-transferable, and revocable right for the personal use of the provided services/software on the part of Avanty.

6.3. The user is furthermore not permitted to:

  • allow third parties to access or use the Services;

  • make the access data sent or used for authentication and identification available to third parties or pass them on to third parties, as well as circumvent access control systems or take other measures to use services without authorization;

  • post or distribute content to distribute content that is illegal, misleading, malicious, discriminatory, pornographic, threatening, abusive, obscene, defamatory, ethically offensive, glorifies violence, harassing, unsuitable for minors, racist, inciting hatred of the people, xenophobic or otherwise abhorrent and/or reprehensible, as well as free of viruses, worms, Trojans or other malicious malicious code that may jeopardize or impair the functionality of the services;

  • Remove or obscure any copyright notices and/or notices of trademarks or other proprietary rights of Avanty, Avanty affiliated companies or third parties;

  • transfer or assign any rights or obligations under these Terms to any third party.

6.4. The user must consider contractual agreements with third parties, especially his internet access provider, when using Avanty.

6.5. In order to be able to use the offer of Avanty to the full extent, the user has to update his software continuously, e.g., install current browser technologies or operating system updates of the respective end devices and used app and programs. If older or not commonly used software is used, it may be that the user can only use the services of Avanty in a limited way.

6.6. The user is only entitled to a right of set-off if his counterclaim against Avanty is legally established, undisputed, or acknowledged. The user has a right of retention only if and insofar as his counterclaim is based on the same contractual relationship.

7. Copyright

7.1. The contents of Avanty that can be called up on the websites and services are subject to worldwide copyright unless otherwise indicated. Any reproduction, editing, distribution, and any kind of exploitation of the contents, services, and software require the written consent of Jaschu Ventures UG (haftungsbeschränkt).

7.2. By using the service (and / or providing input information) the user does not obtain any legal right, title, or interest in the service or software. The Service and the Software are protected by copyright, trademark, intellectual property rights, and other applicable laws.

8. Liability

8.1. The provided services of Avanty were and are created with the utmost care. For the accuracy, completeness, and timeliness of the content, Jaschu Ventures UG (haftungsbeschränkt) cannot guarantee. Jaschu Ventures UG (haftungsbeschränkt) is in no way liable for user content such as generated SQL queries, explanations, errors etc. The user is solely responsible for the backup of their personal user content. Jaschu Ventures UG (haftungsbeschränkt) shall have no liability for the deletion, corruption, or failure to store User Content maintained or transmitted through the use of the Service, except for liability required by applicable law.

8.2. Use of Avanty's Service is expressly at your own risk. Product descriptions are not deemed guaranteed unless separately agreed in writing. Jaschu Ventures UG (haftungsbeschränkt) does not guarantee that the Service can be used to achieve specific interests or success.

8.3. Jaschu Ventures UG (haftungsbeschränkt) expressly points out to the user that any exercises, recommendations, and information presented in the context of the services provided are designed for averagely healthy and physically and mentally resilient users and that the user implements any recommendations or assistance on their own responsibility.

8.4. Jaschu Ventures UG (haftungsbeschränkt) is liable for contractual and other claims of the user on the merits only for damages of the user

(a) which Jaschu Ventures UG (haftungsbeschränkt), its legal representatives or vicarious agents have caused intentionally or by gross negligence,

(b) from injury to life, body, or health, which is based on a breach of duty by Jaschu Ventures UG (haftungsbeschränkt) or one of its legal representatives or vicarious agents,

(c) in cases of liability according to the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and

(d) caused by the breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the user regularly relies on and may rely (so-called cardinal obligation).

8.5. Jaschu Ventures UG (haftungsbeschränkt)'s liability in the above cases (a), (b), and (c) of the preceding paragraph is unlimited in amount. In all other cases, the liability is limited to the foreseeable damage typical for the contract.

8.6. In cases other than those mentioned in paragraphs (a), (b), and (c) of the preceding paragraph and without prejudice to the following paragraph, Jaschu Ventures UG (haftungsbeschränkt)'s liability is excluded irrespective of the legal ground.

8.7. The limitations of liability shall apply accordingly to all bodies, employees, and vicarious agents of Jaschu Ventures UG (haftungsbeschränkt). They do not cause any change in the legal burden of proof.

9. Other provisions

9.1. Jaschu Ventures UG (haftungsbeschränkt) endeavors to enable a trouble-free operation of its services and to keep them available as permanently as possible but points out that a complete or uninterrupted availability is technically not feasible and therefore does not guarantee a trouble-free operation or a certain availability. Jaschu Ventures UG (haftungsbeschränkt) may restrict access to the services without giving reasons - in whole or in part as well as temporarily or permanently. Jaschu Ventures UG (haftungsbeschränkt) is entitled at any time to change, remove, and make available new content, services, and functionalities provided or to discontinue the service altogether; this also includes the introduction of a cost obligation for all or certain services or their partial or complete discontinuation.

9.2. Jaschu Ventures UG (haftungsbeschränkt) is entitled to transfer the rights and obligations arising from the legal relationship to a third party. Jaschu Ventures UG (haftungsbeschränkt) will inform the user in writing about the transfer; the user is then entitled to an extraordinary right of termination.

9.3. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.4. The agreed place of jurisdiction for all disputes arising from the contractual relationship between the user and Jaschu Ventures UG (haftungsbeschränkt) is the registered office of Jaschu Ventures UG (haftungsbeschränkt), provided that the user is a merchant, a legal entity under public law or a special fund under public law. Notwithstanding the foregoing, Jaschu Ventures UG (haftungsbeschränkt) shall also be entitled to sue the user at their legal place of jurisdiction.

9.5. In case of complaints about Avanty, the User may at any time contact the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/. Jaschu Ventures UG (haftungsbeschränkt) is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

9.6. Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis if the provisions prove to be incomplete.