General Terms and Conditions /
Terms of Use of adventics GmbH
for Scan2Lead
1 General – Scope of application
These Terms of Use form part of a contract between adventics GmbH and its customers concerning the use of the Scan2Lead products (software and rental devices) and the related solutions and services.
2 Definitions and description of services
2.1 Software
“Software” means applications, websites or other media.
2.2 User
User is the natural person who operates Scan2Lead products on the basis of a licence assigned to them. The entire Scan2Lead offering is directed exclusively at business customers (B2B) and not at private customers (B2C).
The offering is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), that is, natural or legal persons or partnerships with legal capacity acting in the exercise of their commercial or independent professional activity when placing the order, as well as at public-law entities.
2.3 Principal and exhibitor
Principal (hereinafter also “customer”) is the contractual partner of adventics who orders Scan2Lead products and owes the remuneration.
Contractual partners of adventics may be both organisers and exhibitors. If an exhibitor orders through the organiser’s exhibitor shop in the context of a partner trade fair, the contract for this order is concluded between the exhibitor and the organiser. In this respect the exhibitor’s contractual partner is the organiser, and the organiser’s conditions apply to the order. For Scan2Lead 365 and for orders placed through the Scan2Lead Shop, the ordering company is the contractual partner of adventics. Exhibitor is a company that uses Scan2Lead products at an event.
Vis-à-vis exhibitors and users, these conditions apply on the basis of their consent given upon registration in the Scan2Lead PORTAL.
With regard to the allocation of roles under data protection law, in particular the position of adventics as a processor, Clause 10 applies.
2.4 Scope of services
adventics GmbH (“adventics”) develops and operates the Scan2Lead system, which consists of software and, where applicable, rental hardware for capturing and processing trade fair contacts (leads). Scan2Lead is a trademark of adventics GmbH.
In all other respects, the scope of services follows from the description on the product website www.scan2lead.com.
2.5 Product categories
2.5.1 Trade fair-specific products
These products are offered for use at a specific trade fair. At the time of purchase the products are assigned to the respective trade fair and can only be used at that trade fair.
Sales take place either through the shop of the respective trade fair or through a Scan2Lead Shop set up for that trade fair. This shop can only be accessed by customers who have been admitted to the trade fair by the trade fair organiser.
The purchase and use of these trade fair-specific products is therefore permitted only for companies admitted to that trade fair.
2.5.2 Freely usable / Scan2Lead 365 products
Freely usable products are Scan2Lead products that are not assigned to a specific trade fair at the time of purchase.
The customer can decide individually at which trade fairs and events the products are used.
The freely usable products include in particular the annual subscription Scan2Lead 365. For this, the special conditions in Clause 9 apply in addition.
2.6 Conclusion of contract
The contract is concluded by the customer placing an order in the Scan2Lead Shop or in the shop of a trade fair and the subsequent order confirmation by adventics, or by the customer accepting an offer submitted by adventics in text form.
3 System requirements
The current system requirements for the software offered by adventics follow from the description at www.scan2lead.com. Specific system requirements are published on the Scan2Lead support portal: https://support.scan2lead.com
For reasons of data security, the mobile applications (apps) offered by adventics may not be run on mobile devices on which system-side security mechanisms have been circumvented by the user (for example jailbreak or rooting).
4 Rights and obligations of adventics
4.1 Further development and scope of services
adventics reserves the right to modify the Scan2Lead solutions at any time in a manner reasonable for the customer, for example in order to develop them further or to improve their quality. The contractually agreed scope of services is retained in principle when the software is modified.
4.2 Amendments
adventics may amend these Terms of Use / GTC with effect for the future. For subscription products, amended conditions take effect at the earliest as of the beginning of the next renewal period. Notification is given in text form at the latest six weeks before that date, so that the customer has the opportunity to terminate within the applicable notice period. In all other respects the following applies: if the customer does not agree to the amended conditions before they take effect, adventics is entitled to terminate the affected contractual relationship by ordinary notice as of the date on which the amended conditions take effect, or to continue it under the previous conditions. adventics draws attention to these consequences in the notice of amendment.
4.3 Usability/availability
Technical malfunctions and maintenance work may result in temporarily limited usability. adventics will always remedy any malfunctions as quickly as possible in order to keep such periods as short as possible and will inform the customer in good time about foreseeable malfunctions, where possible. adventics guarantees the customer an average availability of 98.5% on an annual average.
adventics is not liable for claims arising from the software being temporarily unavailable due to maintenance work, provided that the maintenance-related downtime does not exceed a total of 0.5% per calendar year and, in the case of longer downtimes, there is no intent or gross negligence. In the case of downtimes due to a malfunction outside the sphere of responsibility of adventics, no refund of fees is made.
4.4 Analysis for quality improvement
The principal consents to a quantitative evaluation of the data arising from the use of the software for analysis, benchmarking and marketing purposes. All data collected and used are evaluated exclusively in aggregated form and may not be used to identify the principal, its users or its customers. adventics is entitled to use the data arising in the course of use internally, among other things for the purposes of monitoring and improving the offering (quality improvement).
4.5 Measures against misuse
adventics may take measures where there are specific indications that a customer is infringing statutory provisions, third-party rights or the adventics GTC, or where adventics has another legitimate interest, in particular in order to protect users against fraudulent activities.
When selecting the measure, adventics takes into account the legitimate interests of the user concerned, in particular whether there are indications that the user is not at fault for the infringement.
4.6 References
adventics is permitted to name the customer as a reference from the time of productive use onwards. This includes in particular the use of the customer’s name and logo and mention in media coverage.
4.7 Recognition quality
Contact data are captured from business cards, badges or other source documents by means of automated text recognition. adventics supports the common fonts, character sets and card layouts. Completely error-free recognition cannot be assured, in particular in the case of low-contrast, unusual or hard-to-read source documents. The recognition quality depends on the quality of the image captured. The user is responsible for producing a sufficiently well-lit, sharp and legible image.
4.8 AI-supported functions
Insofar as adventics provides AI-supported functions, this constitutes the provision of a tool. Results of such functions may be incorrect and require independent verification by the customer. No particular outcome is owed in this respect. Content and data processed in the course of use are not passed on to providers of AI models for training purposes. This also applies to models that adventics integrates via a programming interface.
adventics is entitled to use anonymised or aggregated data from the use of the platform to improve its services and to train its own models. Personal content is used to train its own models only with the separate consent of the respective controller.
4.9 Use of subcontractors
adventics is entitled to commission third parties, in particular subcontractors, to perform its services. These are vicarious agents of adventics. Insofar as personal data are processed on behalf of the customer in this context, the provisions of the data processing agreement apply.
5 Rights and obligations of the customer
5.1 Entitlement to order event-specific products
Orders for an event-specific version of Scan2Lead, for example in the exhibitor shop of a trade fair, may only be placed by exhibitors admitted to that trade fair.
5.2 Complete and truthful information
The customer must provide all personal or company-related data to be collected during the ordering process completely and truthfully. The customer is responsible for the accuracy of its data and warrants their accuracy and currency to adventics.
5.3 Security
Customers must ensure that third parties cannot obtain their access data. The customer alone is responsible for any misuse.
5.4 Delivery, collection and return of Scan2Lead products
5.4.1 Licences – electronic products
For products ordered in the online shop of a trade fair, order processing, including that of electronic products, may take longer for procedural reasons.
5.4.2 Rental devices – on-site service desk
Rental devices such as Scan2Lead COLLECT or Scan2Lead STATION are pre-configured by us and made available for collection on site at our service desk. The location and opening hours of the service desk are communicated to the ordering party by email after receipt of the order. This information can also be found on the main page of the Scan2Lead PORTAL: https://portal.scan2lead.com/
Rental devices must be collected by the ordering party or exhibitor on site at the service desk and returned there after the end of the trade fair.
The person collecting the devices must either identify themselves as an employee of the exhibitor or present authorisation from the exhibitor for the collection. The easiest way to do this is by means of a personalised exhibitor ticket/badge or a business card.
For organisational reasons, delivery of rental devices to the exhibition stand is not possible.
If required and if devices are available, rental devices can be sent to the customer or exhibitor by parcel in advance. The rental devices can also be returned by parcel. Additional fees may apply for this service.
5.4.3 Return of rental devices
Rental devices must be returned to our service desk at the end of the trade fair. In most cases our service desk closes at the end of the trade fair opening hours on the last day of the fair. Details can also be found on the main page of the Scan2Lead PORTAL: https://portal.scan2lead.com/
If rental devices are not returned to our service desk by the end of the trade fair, we will inform you by email how the rental devices are to be returned. If the rental devices have not reached us within 14 days of the end of the trade fair, we will invoice the replacement price and a processing fee of EUR 30.00 per device.
Address for the return shipment of rental devices:
adventics GmbH, Münchener Straße 23A, 85540 Haar b. München, Germany
Please always send us the tracking number or tracking link to our support email address as soon as you have dispatched the devices: support@scan2lead.com
5.5 Use of Scan2Lead products
Upon receipt of an order for electronic products, these are transmitted to the ordering party by email. Upon receipt of an order for rental devices, the availability of the ordered devices is guaranteed to the customer.
adventics thereby grants the customer the right to use the ordered software for the stated period of use. For electronic products this period normally begins with the activation of the licence keys and ends after the end of the trade fair.
For rental devices the period of use begins upon handover to the exhibitor on site at the service desk and ends upon return of the devices.
Use of the Scan2Lead PORTAL, which is part of every Scan2Lead product, begins with registration in the Scan2Lead PORTAL. The period of use for the Scan2Lead PORTAL ends when the user withdraws from the right of use. This can take place at the earliest 8 weeks after the end of a trade fair.
For Scan2Lead 365 the following applies by way of derogation: use of the PORTAL forms part of the scope of services for the entire term of the subscription and ends with the end of the subscription contract pursuant to Clause 9.
5.5.1 Transfer of data or licences
The customer is not entitled to pass on to third parties or to publish data that arise within the scope of the contractual relationship with adventics or in the course of use. Without the express written consent of adventics, customers may not transfer, sublease or license the Scan2Lead software, licences or devices to other companies.
Within the exhibitor’s company, a SMART licence may be transferred from one member of the stand personnel to another during the trade fair period. Simultaneous use by several persons is not permitted.
5.5.2 Compliance with statutory provisions and data protection rules
The customer warrants to adventics that it will not infringe any statutory provisions and will comply with the applicable data protection rules. In particular, it will not infringe any property, protective or usage rights of third parties.
5.5.3 Claims of others
The customer shall indemnify adventics on first demand against all claims asserted against adventics by other customers, users or other third parties on account of an infringement of their rights by results or data obtained by the customer using the Scan2Lead software. In this context the customer shall bear the costs of the necessary legal defence of adventics, including all court and lawyers’ fees in the statutory amount. This does not apply where the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide adventics without undue delay, truthfully and completely with all information required to examine the claims and mount a defence.
5.6 Fair use and API
The customer may use the Scan2Lead products only to an extent corresponding to normal usage (fair use). Automated, mass use within the interface or of non-public API endpoints is not included in the scope of use.
Scan2Lead may be used to request and capture data only from visitors who give their consent to this. Consent is given by the visitor where the visitor presents their badge/ticket or business card to the user for scanning with a Scan2Lead product.
By this act the visitor grants the user implied consent to the processing of their data in the context of the trade fair, congress or event.
Abusive conduct leads to the immediate blocking of the access concerned.
5.7 Intellectual property rights and right of use
adventics grants the customer, for the duration of the contract, a simple, non-exclusive and non-transferable right to use the Scan2Lead software as intended. All rights in the software, in the associated content and in trademarks and signs remain with adventics.
The customer is not entitled to modify, reproduce, reverse engineer, decompile or disassemble the software, unless this is permitted by mandatory statutory provisions. The customer’s rights under Section 69e of the German Copyright Act (UrhG) remain unaffected.
5.8 Security
5.8.1 Spam
The customer undertakes not to send spam messages and not to use any automated electronic programs or robots, nor to make its Scan2Lead access available for such purposes.
5.8.2 Viruses and malware
The customer undertakes not to distribute or post any viruses, malware or harmful links, nor links to unlawful websites and malicious content.
6 Remuneration, due date, default
6.1 Price information
All prices are net prices, plus statutory value added tax.
The provisions of this Clause 6 and on cancellation under Clause 8.1 apply only in the relationship between adventics and the principal.
6.2 Price changes
adventics may change prices. Price changes are notified to the customer in text form in good time before they take effect. For subscription products, price changes take effect at the earliest as of the beginning of the next renewal period. In this case notification is given at the latest six weeks before the renewal date, so that the customer has the opportunity to terminate within the applicable notice period.
- Aufrechnung von Ansprüchen
The customer has a right of set-off only where its counterclaims have been established by a final court decision or have been acknowledged by adventics.
6.3 Right of retention
The customer has a right of retention only to the extent that its counterclaim arises from the same contractual relationship.
6.4 Due date and payment term
The remuneration falls due for payment upon invoicing. The payment term is 14 days without deduction. For subscription products, invoicing takes place annually in advance for the respective contract term.
6.5 Default
Default interest and damages caused by default are governed by the statutory provisions. If the customer is in default with a not insignificant part of the remuneration for more than two months, adventics is entitled, after prior notice, to suspend the service and to terminate the contract for cause.
7 Warranty, liability
7.1 Intent, gross negligence
adventics is liable in the event of intent or gross negligence, for injury to life, body or health, under the provisions of the German Product Liability Act and to the extent of a guarantee assumed by adventics.
7.2 Simple negligence
Notwithstanding the provision in Clause 7.1, in the event of simple negligence adventics is liable only for the breach of material contractual obligations, that is, the breach of obligations whose fulfilment makes the proper performance of the user agreement possible in the first place and on whose observance the customer may regularly rely (“cardinal obligation”). In the event of a negligent breach of a cardinal obligation, the liability of adventics is additionally limited to the damage typical for the contract and foreseeable. The damage typical for the contract and foreseeable pursuant to Clause 7.2 sentence 2 amounts, per contract year, to a maximum of 100% of the annual contract volume (the remuneration payable by the customer to adventics within the contract year in which the damaging event falls, for all services of adventics relating to the customer’s use of the service) or EUR 10,000, whichever amount is higher.
7.3 Limitation of liability
The limitation of liability in Clause 7.2 also applies to lost profits and savings not realised.
7.4 Known defects
Notwithstanding the provision in Clause 7.1, the strict liability of adventics under Section 536a of the German Civil Code (BGB) for defects already existing at the time the contract was concluded is expressly excluded.
7.5 Limitations of liability
The above limitations of liability also apply in the event of fault on the part of a vicarious agent of adventics and to the personal liability of the employees, representatives and corporate bodies of adventics.
7.6 Force majeure and similar events
adventics is not liable for damage caused by force majeure, strikes, lock-outs, natural disasters or other events beyond its control.
7.7 Accuracy of visitor data
adventics assumes no responsibility for the accuracy of visitor data. This also and in particular applies in the case of integration with the registration system of a trade fair organiser. Visitors enter and provide their data themselves. For legal, technical and organisational reasons it cannot be assured that the registration data of every individual visitor are retrievable in Scan2Lead.
7.8 Technical failure
adventics is not liable for errors caused by the failure of the customer’s computer, server, app or mobile device or by the inadequacy of the customer’s internet or broadband connection.
The full scope of functions of the Scan2Lead SMART app is available in online mode. Temporary use without an internet connection is possible. The captured data are stored on the device in the app and are transmitted automatically once the internet connection has been restored. If the app is deleted or the device is reset before transmission has taken place, these data captured offline are lost.
adventics is not liable in these or similar cases, such as the loss or theft of a device, for the associated loss of data.
Furthermore, adventics is not liable for the loss of data captured with rental devices where the customer loses or damages the rental device, where it is stolen, or where the customer fails to download the data from it.
With the exception of death or personal injury caused by the negligence of adventics, adventics is liable neither for damage arising from the loss of data or their use, lost profits or the loss of anticipated savings, nor for damage or increased costs that are an indirect or secondary consequence of an act or omission of adventics, irrespective of whether the damage was reasonably foreseeable or actually foreseen.
7.9 Limitation period
The limitation of claims for damages by the customer based on liability under Clause 7.1 is governed by the statutory provisions. The limitation period for other claims for damages by the customer is one year. It begins at the end of the year in which the claims arose and in which the customer became aware, or failed to become aware as a result of gross negligence, of the circumstances giving rise to the claim and of the identity of the debtor, but at the latest five years from the date on which the claim arose and ten years from the commission of the act, the breach of duty or the other event causing the damage.
7.10 Availability
adventics endeavours to enable the highest possible availability of all components. However, it is not liable for availability or for error-free generation of address and contact data, and expressly not for the lawfulness and availability of generated data.
7.11 Consequences and disadvantages caused by customers
The customer is liable for all consequences and disadvantages incurred by adventics as a result of the abusive or unlawful use of the services or as a result of the customer failing to comply with its other obligations under these GTC.
8 Cancellation, contract term, termination
8.1 Cancellation
8.1.1 Trade fair-specific products
The following cancellation deadlines apply to trade fair-specific products, unless the trade fair organiser has expressly stated other deadlines in its conditions:
Up to four weeks before the start of the event: cancellation possible free of charge. From 4 weeks to 2 weeks before the start of the event: cancellation possible against 50% of the order value. From 2 weeks before the start of the event: cancellation is no longer possible.
8.1.2 Freely usable / Scan2Lead 365 products
Cancellation is not possible.
8.2 Contract term and termination
The term of the user agreement corresponds to the period stated in the order. In the case of event-specific products, use is limited to the trade fair period of the respective trade fair. Access to the portal is governed by the terms of use of the respective trade fair.
Use of the Scan2Lead PORTAL, which is part of every Scan2Lead product, begins with registration in the Scan2Lead PORTAL. The period of use for the Scan2Lead PORTAL ends when the user withdraws from the right of use. This can take place at the earliest 8 weeks after the end of a trade fair.
For Scan2Lead 365 the following applies by way of derogation: use of the PORTAL forms part of the scope of services for the entire term of the subscription and ends with the end of the subscription contract pursuant to Clause 9.
8.2.1 Subscription products
For subscription products a notice period of one month before the end of the contract term applies. If the contract is not terminated, it is automatically extended by the same period under the same conditions.
For the annual subscription Scan2Lead 365, the special conditions in Clause 9 apply in addition and with priority.
8.3 Termination
Termination must be given in text form.
8.4 Termination for cause
The right of both parties to terminate for cause remains unaffected. For adventics, cause exists in particular where the customer permanently ceases payments or announces that it will do so, is in default with the payment of an invoice for more than two months, where an application has been filed for the opening of insolvency proceedings over its assets, where it resolves to liquidate its company, where it breaches material obligations under these conditions despite a warning, or where it turns out that the customer is a direct competitor of adventics.
8.5 Blocking
If the customer or one of its users breaches these conditions, adventics may first issue a warning to the customer and, if the conduct in breach of contract is not stopped, block the user concerned and, in the event of repeated breaches, all users of the customer. Clause 5.6 sentence 4 remains unaffected in cases of abusive conduct.
9 Special conditions for Scan2Lead 365 (annual subscription)
9.1 Subject matter of the contract
Scan2Lead 365 is an annual subscription with which the customer can use the Scan2Lead platform (app and PORTAL) all year round and at events of its choice. The scope of services follows from the service description at www.scan2lead.com in the version valid at the time the contract is concluded. The scanning of visitor badges is not part of Scan2Lead 365. At partner trade fairs it can be booked in addition as a separate service (Scan2Lead SMART) through the respective organiser. Alternatively, the organiser may provide visitor data via an interface.
9.2 Licences (named licence)
Each 365 licence is tied to a natural person and to that person’s personal business email address. Assignment to shared mailboxes or group email addresses (for example info@ or marketing@) is not permitted. On request, a licence may be transferred to another person within the company during the term, for example following a departure. The transfer serves the permanent change of person, for example in the event of a departure or a change of role, and not the alternating use of a licence by several persons.
9.3 Term, renewal, termination
The contract term is twelve months from the start date stated in the order confirmation. The contract is automatically extended by a further twelve months in each case unless terminated by one party in text form with one month’s notice to the end of the respective term. All licences of a customer have a uniform end of term. Clause 9.6 applies accordingly.
9.4 Prices
The price list valid at the time the contract is concluded or at the beginning of the respective renewal period applies. The price per licence depends on the total number of the customer’s licences (price intervals). The decisive factor is the number of licences at the beginning of the respective term, and in the case of increases the new total number from the time of the increase. From eleven licences onwards, pricing is based on an individual offer.
9.5 Discount price
Customers who conclude the contract after accepting an invitation to the trial subscription and before its end (Clause 9.8) receive the discount price per licence stated in the price list for the first contract year. The discount price applies to teams with up to ten licences and exclusively for the first contract year. From the first renewal onwards, the regular price under Clause 9.4 applies. adventics draws attention to this already in the order confirmation.
9.6 Increase during the term
The customer may acquire additional licences at any time. The price of additional licences is calculated pro rata for the remaining term. In the first contract year this is done on the basis of the discount price under Clause 9.5, thereafter on the basis of the regular price. Additional licences end at the uniform end of term under Clause 9.3. If the increase brings the customer into a more favourable price interval, the more favourable price per licence applies to all licences from the time of the increase.
9.7 No cancellation, no right of withdrawal
Clause 8.1.2 remains unaffected: cancellation of Scan2Lead 365 is not possible. There is no statutory right of withdrawal, as the offering is directed exclusively at entrepreneurs.
9.8 Trial subscription
The trial subscription is a free period of use of two months. Users who have used Scan2Lead at a participating partner trade fair receive an invitation in text form after the event. When accepting the invitation, the user selects the start date of the trial subscription. It may not be later than the latest start date stated in the invitation. The trial subscription ends two months after the start date.
The trial subscription can be used once per company. Company within the meaning of this provision is the respective legally independent entity. The first acceptance of an invitation is decisive. Further users of the same company can be added to the trial subscription, and the two-month period runs uniformly from the selected start date. There is no entitlement to a further trial subscription following a later partner trade fair.
The scope of functions of the trial subscription comprises capture by business card scan and manual capture. The scanning of visitor badges is not included. Clause 9.1 applies accordingly.
No payment details need to be provided for the trial subscription. It ends automatically without any need for termination and does not automatically convert into a paid subscription. There is no entitlement to any particular range of functions.
The provisions on term, renewal, prices and increases under Clauses 9.3, 9.4 and 9.6 do not apply to the trial subscription. The privacy policy applies to data retention during and after the trial subscription.
9.9 Data retention and end of contract
During the term of the subscription, adventics stores the leads and content captured by the customer across events (continuous data retention).
During a current trial subscription, the leads captured by the user remain stored, even beyond the standard period stated in the privacy policy. After the end of the trial subscription they are deleted unless a paid subscription has been concluded.
The customer can export its data at any time using the functions provided. After the end of the contract, adventics keeps the data available for export for a transitional period of 60 days. They are then deleted, unless statutory retention obligations prevent this. Details are governed by the privacy policy.
10 Data protection
adventics collects, stores and processes the company-related and personal data (master data) obtained within the scope of the contractual relationship and other data arising in the course of use by adventics, for the purposes of contract performance, invoicing and the provision of the services requested by the customer, in accordance with the statutory data protection provisions and the Scan2Lead privacy policy. The privacy policy applicable from time to time is published at https://scan2lead.com/datenschutz/
Where the customer uses trade fair-specific versions of Scan2Lead, adventics also acts as a processor on behalf of the organiser. In this case the data protection conditions of the respective organiser also apply.
When processing visitor data, adventics acts as the processor of the respective exhibitor, who as the controller holds the right to issue instructions. Details are governed by the respective data processing agreements.
11 Final provisions
11.1 Severability clause
In the event that individual provisions of these General Terms and Conditions are wholly or partly invalid, the validity of the remaining provisions is not affected. Wholly or partly invalid provisions are replaced by provisions whose regulatory content comes closest in economic terms, in a legally effective manner, to that of the provisions that have become invalid. The same applies to any gaps in the provisions.
This contract is governed by German law. Notices and declarations in connection with this contract are made in text form, in particular by email. The customer keeps the contact details stored with adventics, in particular the email address of the ordering party, up to date and notifies changes without undue delay. The customer must accept notices sent to the email address last notified as being valid if it has not notified a change. Statutory provisions apply to receipt. In the event of discrepancies between the German and an English language version of these conditions, the German version prevails. The place of performance is the registered office of adventics GmbH. The exclusive place of jurisdiction for all disputes arising from the contract is the registered office of adventics GmbH, where the customer is a merchant within the meaning of the German Commercial Code (HGB) or has no registered office or habitual residence in the Federal Republic of Germany at the time the action is brought.