for the Datapods Insights Platform
Version dated: 17 August 2026
1.1 These Terms of Service (the "Terms of Service") govern the use of the Insights Platform operated by Datapods GmbH, Kölnstraße 179b, 53111 Bonn, Germany ("Datapods", "we" or "us"), including all content, data, dashboards and functionalities made available through it (the "Platform").
1.2 These Terms of Service apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), i.e. natural persons, legal entities or partnerships with legal capacity acting in the exercise of their commercial or independent professional activity when using the Platform (hereinafter the "Customer").
1.3 Any deviating, conflicting or supplementary general terms and conditions of the Customer shall not become part of the contract unless Datapods expressly consents to their application in text form.
1.4 In addition to these Terms of Service, separate written agreements may be concluded between Datapods and the Customer (in particular a Master Service Agreement, "MSA", and an Order Form). In the event of conflicts, the following order of precedence shall apply: Order Form prevails over MSA, MSA prevails over these Terms of Service.
1.5 "Content" within the meaning of these Terms of Service means all data, graphics, tables, visualisations, key figures, reports, texts and other information made available through the Platform, irrespective of whether it is displayed directly on screen, downloaded or retrieved via an interface.
1.6 "Authorized Users" are natural persons within the Customer's organisation to whom the Customer grants access to the Platform.
2.1 Datapods operates a SaaS platform through which the Customer obtains access to aggregated market, usage and behavioural data as well as related analyses, evaluations and visualisations. For this purpose, Datapods processes, among other things, data provided by end users of the Datapods app or obtained from connected third-party sources.
2.2 The Content made available through the Platform is regularly aggregated, statistically processed or otherwise designed in such a way that direct identification of individual natural persons is not possible. Datapods does not make available through the Platform any raw data of individual end users containing direct identifiers (such as name, e-mail address or similar).
2.3 The type and scope of the Content, data packages, functionalities, update frequencies as well as any export or API options enabled for the Customer follow exclusively from the Order Form or MSA agreed separately between Datapods and the Customer.
2.4 Datapods is entitled to continuously develop the Platform and the Content further. This may include, in particular, changes to the design, functionalities, data sources, update intervals or data models, provided that the overall services owed under the contract are not materially impaired.
3.1 Use of the Platform requires registration and the setup of a customer account (the "Account"). Upon registration, the Customer shall provide truthful, current and complete information and update any changes without undue delay.
3.2 The contract for the use of the Platform is concluded through the Customer's acceptance of an offer made by Datapods, through confirmation of the registration or provision of access by Datapods, or through any other expressly agreed mechanism.
3.3 The Customer is responsible for ensuring that only Authorized Users obtain access to the Platform. Access credentials (username, password, API keys, etc.) shall be treated as strictly confidential and must not be disclosed to unauthorised third parties.
3.4 The Customer shall inform Datapods without undue delay if there is any suspicion that an Account is being used without authorisation or that access credentials have become known to unauthorised persons. In such cases, Datapods is entitled to suspend Accounts temporarily.
4.1 Datapods grants the Customer, for the term of the contract, a simple, non-exclusive, non-transferable and non-sublicensable right to use the Platform and the Content made available through the Platform for the contractually agreed purposes.
4.2 Unless otherwise agreed in writing, the right of use comprises in particular:
(a) displaying the Content within the Platform interface,
(b) preparing evaluations, analyses, presentations and internal reports on the basis of the Content,
(c) storing and using aggregated or further processed results (e.g. in the form of tables, graphics, models), provided that such results themselves no longer permit any reference to individuals and do not substitute for substantial parts of the underlying Datapods database.
4.3 The Customer is entitled to use such aggregations and analyses created on the basis of the Content internally within its company and for its own research or business purposes. External publication (e.g. in studies, whitepapers, presentations to third parties) is permitted provided that
the presentation is aggregated,
no conclusions about individual persons are possible, and
Datapods is credited as the source in an appropriate manner where the Datapods Content is used to a substantial extent (e.g. "Data source: Datapods").
4.4 All rights in the Platform, the software, the databases and the Content, in particular copyright and database rights, remain with Datapods or the respective rights holders. No ownership rights are transferred.
5.1 The Customer is prohibited in particular from
5.2 The Customer undertakes not to take any measures aimed at re-identifying natural persons. In particular, it is prohibited to
5.3 The Customer may not use the Content for the training, testing or improvement of generative AI or other machine learning models without the express prior written consent of Datapods, insofar as this goes beyond the purposes expressly agreed in the individual case.
5.4 If the Customer culpably breaches this Section 5, Datapods is entitled to
suspend access to the Platform in whole or in part with immediate effect, and
terminate the contract for cause without notice,
without prejudice to further rights (e.g. damages).
6.1 In connection with access to the Platform, Datapods processes personal data of the Customer's Authorized Users (e.g. names, contact details, login information). Details are set out in the applicable Privacy Notice, to which separate reference is made.
6.2 Although the Content made available through the Platform is based in part on personal data of end users of the Datapods app, it is made accessible to the Customer in principle only in aggregated, pseudonymised or anonymised form, such that any reference to individuals is excluded according to the state of the art.
6.3 Insofar as processing of the Customer's personal data on behalf of the Customer takes place within the scope of the cooperation between Datapods and the Customer, such processing is carried out on the basis of a separately concluded Data Processing Agreement (DPA) pursuant to Art. 28 GDPR, which is not part of these Terms of Service.
7.1 Use of the Platform is subject to payment. The amount, structure and due date of the remuneration (e.g. a flat fee for a pilot, subscription fees, usage-based charges) follow exclusively from the Order Form concluded separately between Datapods and the Customer. Unless the Order Form provides otherwise, invoices are due for payment within 30 days of the invoice date without deduction.
7.2 If the Customer defaults on payment, Datapods is entitled to charge default interest at the statutory rate. In addition, Datapods is entitled, following prior written notice with a period of 14 days, to suspend the provision of further credits and to block access to the Platform until all amounts due have been settled.
8.1 The term of the contract for the use of the Platform and any renewal provisions follow from the respective Order Form. If the Order Form contains no deviating provision, Section 8.2 shall apply.
8.2 A contract concluded for a fixed term shall end automatically upon expiry of the agreed term, unless it is terminated by either party in text form giving 60 days' notice to the end of the respective term and automatic renewal is expressly provided for in the Order Form. Any renewal period likewise follows from the Order Form.
8.3 The right to extraordinary termination for cause remains unaffected. Cause exists in particular where
8.4 Upon termination of the contract, the Customer's access to the Platform will be deactivated. The Customer is obliged to delete locally stored Content that goes beyond the permitted use (e.g. raw data exports, insofar as provided at all), unless statutory retention obligations apply. Aggregated, non-personal analyses and evaluations created by the Customer in accordance with these Terms of Service may as a rule continue to be used.
9.1 Datapods provides its services in accordance with the state of the art and endeavours to ensure the highest possible availability of the Platform. However, a specific minimum availability is owed only where it has been expressly agreed in the Order Form or in a Service Level Agreement (SLA).
9.2 Datapods is entitled to carry out scheduled maintenance work, which may result in temporary restrictions or interruptions of the Platform. Datapods will, as far as possible, carry out such maintenance outside ordinary business hours (Mon to Fri, 09:00 to 18:00 CET) and will inform the Customer in text form at least 48 hours in advance.
9.3 Datapods is entitled to adapt the Platform, the Content and its functionalities to technical, economic or legal developments. If such a change results in a material deterioration of the main services agreed under the contract, the Customer may terminate the contract extraordinarily within 30 days of notification of the change, with effect from the date the change takes effect.
10.1 The Content made available through the Platform is based on third-party data as well as on Datapods' own processing. Datapods endeavours to ensure high quality and topicality but assumes no warranty for the substantive accuracy, completeness or fitness of the Content for a particular purpose, unless expressly agreed otherwise in writing. The Customer is itself responsible for carefully reviewing decisions taken on the basis of the Content. By providing the Content, Datapods does not render any legal, tax or management consulting services.
10.2 Datapods is liable without limitation for damages arising from injury to life, body or health, and for damages based on intent or gross negligence on the part of Datapods, its legal representatives or vicarious agents. The same applies to damages resulting from the absence of a guarantee expressly assumed by Datapods and to claims under the German Product Liability Act (Produkthaftungsgesetz).
10.3 In the case of slightly negligent breach of a material contractual obligation (cardinal obligation), i.e. an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the Customer may regularly rely, Datapods' liability is limited in amount to the sum received by Datapods from the Customer under the respective contract in the twelve (12) months preceding the event giving rise to the damage, but at least to the total amount of the fees agreed in the affected Order Form.
10.4 Any further liability of Datapods for damages caused by slight negligence, in particular for lost profits, unrealised savings as well as indirect and consequential damages, is excluded unless mandatory statutory provisions provide otherwise.
10.5 The above limitations of liability also apply for the benefit of Datapods' legal representatives, executive employees and other vicarious agents.
10.6 Mandatory statutory liability provisions, in particular under the German Product Liability Act, remain unaffected.
11.1 All rights in the Platform, the underlying software, the databases and the Content belong exclusively to Datapods or to the respective rights holders.
11.2 The Customer acknowledges that the databases, data collections and evaluations provided by Datapods may be protected as database works or databases pursuant to Sections 87a et seq. of the German Copyright Act (Urheberrechtsgesetz, UrhG).
11.3 The Customer is obliged not to remove, alter or obscure any notices relating to copyrights, trademarks, logos or other intellectual property rights of Datapods.
12.1 The Customer undertakes to treat as confidential all information that becomes known to it in connection with the use of the Platform and the cooperation with Datapods and that is marked as confidential or is to be regarded as confidential by its nature ("Confidential Information"), and to use such information only for the contractually agreed purposes.
12.2 Confidential Information may be made accessible only to those employees and advisors of the Customer who require the information for the performance of the contract and who are subject to a comparable confidentiality obligation.
12.3 The confidentiality obligation does not apply to information that
12.4 This confidentiality obligation applies unilaterally for the benefit of Datapods. The mutual confidentiality obligation of both parties follows from the MSA (Section 5 thereof) or from a separate NDA.
13.1 Datapods is entitled to amend or supplement these Terms of Service with effect for the future, provided there is an objective reason for doing so (e.g. adaptation to the legal situation, case law, technical developments or changes to the Platform).
13.2 Amendments will be communicated to the Customer in text form (e.g. by e-mail or via the Platform). If the Customer does not object to the amendments within 30 days of receipt of the notification, they shall be deemed accepted. Datapods will expressly draw attention to this consequence in the notification of amendment.
13.3 If the Customer objects within the deadline, the previous version of the Terms of Service shall continue to apply. In this case, Datapods may terminate the contract giving reasonable notice. The amendment procedure under this Section 13 does not apply to terms agreed bilaterally in the MSA or Order Form; these may be amended only by mutual consent in text form.
14.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.
14.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Service and the use of the Platform is, to the extent legally permissible, the registered seat of Datapods (currently Bonn, Germany).
15.1 Should any provision of these Terms of Service be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a valid provision shall be deemed agreed which comes closest to the economic purpose of the original provision.
15.2 The Customer may transfer rights and obligations arising from the contractual relationship with Datapods to third parties only with the prior written consent of Datapods.
15.3 Where these Terms of Service require written form, text form (e.g. e-mail) shall also suffice to the extent legally permissible, unless expressly provided otherwise.