Terms of Use

1.    Scope

These Terms of Use govern the use of the website www.icxp.eu (hereinafter referred to as "Website"). The operator of the Website is Industrious Consulting Experience GmbH, located at Stromberger Straße 47b, 55411 Bingen am Rhein (Germany), registered in the commercial register HRB 51941, represented by Stefan Rauch (hereinafter referred to as "Operator", “we”, “our”, or “us”).

2.    Content and the Availability of the Website

2.1 The Website provides information about our company and our solutions and products. The Operator reserves the right to modify or restrict content and features at any time.

2.2 To maintain the best Website level, we reserve the right to interrupt the Website for maintenance, updates, or other changes.

2.3 The Website may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.

3.    Conditions of Use and Indemnification

3.1 You are solely responsible for ensuring your use of our Website does not violate any laws, regulations, or third-party rights. In particular, it is prohibited to:

  • distribute illegal content,
  • misuse the Website, or
  • bypass technical security measures.

3.2 You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use to the extent allowed by law.

3.3 By using and accessing our Website, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:

  • your use of the Website, including any data or content you transmit or receive;
  • your violation of these terms, including any breach of representations and warranties;
  • your violation of third-party rights, such as privacy or intellectual property rights;
  • your violation of statutory laws, rules, or regulations;
  • any content submitted by you, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;
  • your intentional misconduct; or
  • any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.

3.4 Our failure to assert any right or provision under these Terms of Use does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.

4.    Intellectual Property

4.1 Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our Website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.

4.2 All trademarks, whether nominal or figurative, and any other marks, trade names, Website marks, word marks, illustrations, images, texts, or logos associated with our Website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.

4.3 Any beyond personal and non-commercial use requires the prior written consent of the operator.

5.    Liability Limitation

5.1 We do our best to ensure the content on our Website complies with all laws and respects third-party rights. However, this may not always be achievable. If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact form on our Website.

5.2 We limit our liability as much as legally allowed. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you. However, this exclusion does not apply to damages affecting life, health, or physical integrity, and/or damages resulting from intentional or gross negligence, provided that our Website has been used appropriately and correctly by you.

5.3 To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:

  • any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, our Website. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;
  • any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to our Website or the information within it;
  • errors, mistakes, or inaccuracies in the content provided;
  • personal injury or property damage resulting from your use of the Website;
  • unauthorized access to our secure servers or personal information stored therein;
  • interruption or cessation of transmission to or from the Website;
  • bugs, viruses, malware, or similar harmful elements transmitted through the Website;
  • errors or omissions in any content posted, transmitted, or made available through the Website;
  • defamatory, offensive, or illegal conduct of any user or third party.

6.    Warranties

6.1 Our Website is provided on an “as is” and “as available” basis. When you use our Website, you are doing so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the Website, its suitability for your specific needs, or whether it infringes on anyone else's rights. Please keep in mind that any advice or information you receive from us or through our Website does not create any warranties beyond what we have explicitly stated here.

6.2 Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that it is always going to be the case. We do not guarantee that the Website will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond our control. While we do our best to keep everything running smoothly, we cannot ensure that the Website will be free of harmful elements like viruses. If you choose to download any content from our Website, you are assuming the risk, and we are not responsible for any damage it might cause to your devices or data.

6.3 Our Website might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While we strive to provide a seamless experience, we cannot guarantee it in every situation. As such, we want to clarify that we cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of our Website.

7.    Data Protection

The operator processes personal data in accordance with the General Data Protection Regulation (GDPR) and the privacy policy, which can be accessed at [link to privacy policy].

8.    Changes to the Terms of Use

8.1 The operator reserves the right to amend these Terms of Use at any time.

8.2 Such changes will only affect the relationship with you from the date communicated onwards. Your continued use of the Website will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the Website.

9.    Final Provisions

9.1 If any provision of this Terms of Use is void, invalid, or unenforceable, we both agree to do our best to find, in an amicable way, an agreement on valid and enforceable provisions. In case of failure to do so, the void, invalid, or unenforceable provisions will be replaced by the applicable statutory provisions.

9.2 Regardless of the above, the nullity, invalidity, or impossibility of enforcing a particular provision of this Terms of Use will not nullify the entire agreement, unless the severed provisions are essential for it, or in cases where the remaining provisions would translate into an unacceptable hardship for you or us.

9.3 These terms are governed by the law of the place where we are based, in concreto Germany, without regard to conflict of laws principles. The jurisdiction over any controversy related to these terms lies with the courts of the place where we are based, in concreto Mainz (Germany).

Last updated: March 18, 2025