Terms of Use

We would like to thank you (hereinafter referred to as the "user") for using the SustainSymphony portal to determine your CO2 event footprint. We are making the portal available to you via this platform (hereinafter referred to as the "service"). Would you please read these Terms of Use carefully since a contract will come about between you and d&b solutions GmbH & Co. KG when you accept the Terms of Use.

For reasons of better legibility and legal certainty, these Terms of Use do not include any simultaneous references to the language forms "male", "female" and "diverse" (m/f/d). All personal designations apply equally to all genders.

General Information

I. Scope of Application

The following General Terms of Use shall apply to the utilisation of the service operated by d&b solutions GmbH & Co. KG ("d&b") and the content, documents and functions ("content") which are included in the service and are made available worldwide.

The service shall be intended solely for use by companies, traders, associations, craft enterprises, self-employed persons within the meaning of § 14 of the German Civil Code (BGB) or legal persons under public law ("B2B area"). Private use of the service shall be prohibited.

II. Description of the Service

The service shall enable the user to determine the sustainability footprint of events free of charge by means of the categories contained in the SustainSymphony portal and to prepare for sustainability certification processes.

III. Service Provider

The service is provided by d&b solutions GmbH & Co. KG, a company which is registered and operated under German law (HRA: 737867), and has its head office at Eugen-Adolff-Strasse 134, 71522 Backnang, Germany.

The "ESG Cockpit" software analyses the data from the entered parameters and the resultant generation of the results within the supplied service. This software is provided and operated by akaryon GmbH, a company registered and operated under Austrian law (Company Register number FN 403298 k), and has its head office at Grazer Strasse 77, 8665 Langenwang, Austria ("akaryon").

1. Subject of the Agreement

1. The user shall gain access to the service by creating a customer account via the SustainSymphony portal. Subject to the provisions in these Terms of Use, the user shall be permitted to utilise the content contained in the service for his own purposes free of charge in accordance with these Terms of Use.
   
   
2. Use of certain content may be subject to special conditions. These separately shown conditions shall then apply each time in addition to the General Terms of Use. The ESG Cockpit software shall be subject to separate Terms of Use which can be found under the following link:
   
   By acknowledging these Terms of Use, the user shall also accept the Terms of Use relating to the "ESG Cockpit" software.
   
   
3. d&b shall reserve the right to amend, end or remove all or some of the content and functions, and/or to stop operating the service entirely at any time.
   
   
4. d&b shall be entitled to use its own personnel to fulfil the obligations arising from this Agreement or subcontract or outsource at its own discretion services or parts thereof to a company affiliated with d&b or other subcontractors. Unless otherwise agreed, d&b shall remain responsible for fulfilling its obligations from this Agreement.
   
   
5. d&b and subcontractors used by d&b to fulfil the obligations arising from this Agreement shall be entitled to use information and data, which are collected, are generated or arise during the provision of the services, in an aggregated and anonymised form for service provision, as well as statistical analyses for the purpose of improving its products and services, market research to identify customer needs and trends, internal reports and a business plan, and for the development of new products and services. d&b shall also reserve the right to transfer to third parties the aggregated data for scientific research purposes in the area of sustainability. During the processing of aggregated data, steps shall be taken to ensure that the data and information are anonymised so that individual users, companies and persons can no longer be identified, that data is processed in accordance with valid data protection legislation, especially the General Data Protection Regulation (GDPR), and that suitable technical and organisational measures are implemented to protect the data against unauthorised access or processing. The user shall not be entitled to claim any remuneration for this use of the data and information by d&b and its subcontractors.
   
   

2. Registration / Obligations of the User

1. The user shall be obliged to create an account in order to access the service. The service shall be provided free of charge in its existing form.
   
   
2. The user shall ensure that the account information is correct, up to date and complete, and that passwords and other access data for the offered service are treated with strict confidence and are not passed on to third parties. If the user becomes aware of any misuse of his access data, he shall inform d&b immediately and prevent this misuse by changing the registration information. The user shall assume full responsibility for all actions which are taken when using his account.
   
   
3. If individual account information is changed, the user shall be obliged to notify d&b immediately and/or make changes himself in the portal.
   
   The user's registered information may be amended or updated at any time in the user's account. This provision shall not apply to master data (name, e-mail address, company name).
   
   
4. The user shall only enter truthful information in the system. Entry of untruthful information will lead to incorrect results. d&b shall not be responsible for the correctness of the information entered by the user. Personal data of third persons may only be entered if these persons have given their consent.
   
   
5. By activating the "share with others" function, the user may provide other users of the service with information (for example about event venues or products / services) and documents (hereinafter referred to together as "information"). The user may only share this information if it is truthful, the user is entitled to pass it on and the information does not infringe third-party rights. The user may personally stop the release of information for other users at any time by resetting the "share with others" function. This shall mean that the other users are no longer able to see and utilise the information. However, this provision shall not apply to information which is already in evaluations created by other users at this point in time. d&b shall be entitled to deactivate the "share with others" function at any time if d&b becomes aware that the information shared by the user does not correspond to the truth, may not be passed on or infringes third-party rights. In the event of a corresponding suspicion, d&b shall first contact the user. If this suspicion cannot clearly be dispelled with sufficient certainty for d&b, d&b shall also be entitled to deactivate the "share with others" function. d&b shall not be liable for any resulting damage.
   
   
6. If third parties take legal action against d&b due to the infringement of the above-mentioned provisions by the user, the user shall release d&b and its organs and employees from these claims. This provision shall not apply if the user is not responsible for the infringement.
   
   
7. The user shall comply with the behavioural rules and values which are defined for d&b in the Code of Conduct. This Code of Conduct can be found under the following link: https://www.dbaudio.com/global/en/about-db/corporate-social-responsibility/environmental-vigilance/code-of-conduct/
   
   It shall be forbidden to make discriminatory, racist and anti-competitive statements, as well as comments and announcements which could damage the reputation of d&b and its affiliated companies within the meaning of § 15 of the German Stock Corporation Act (AktG). d&b shall reserve the right to report these violations.
   
   

3. Obligations of d&b

1. d&b shall provide the service and the additional content. This provision shall not apply to the ESG Cockpit software which is provided by Akaryon.
   
   
2. d&b shall not guarantee any continuous availability of the service and shall endeavour to announce downtimes and unplanned maintenance work as early as possible.
   
   

4. Copyright and Intellectual Property

1. Unless otherwise identified, all industrial property rights to the supplied content, including trademark rights, rights to the company name or other marks, shall accrue to d&b.
   
   
2. All provided content of the service (e.g. texts, images, graphics, sound, animations, videos and their design) shall be protected by copyright. Rights to use this content shall only be granted insofar and as long as this is necessary for legal use of the service. Any further use of the content (especially reproduction, amendment or making it accessible to third parties) shall not be permitted.
   
   

5. Liability

1. The results of the service shall be based on the data which is entered and stored by the user. d&b shall have no influence over the accuracy of this data since it is only provided by the user and therefore lies solely within the area of responsibility of the respective user. Consequently, d&b shall not accept any liability for the topicality, accuracy and completeness of the provided data and results.
   
   
2. The CO2 footprint shall be calculated by the "ESG Cockpit" software from akaryon. d&b shall accept no responsibility or liability for the topicality, accuracy and completeness of this calculation basis.
   
   
3. The service and the content shall also be provided to the exclusion of defect warranty rights. d&b shall only be liable for material and legal defects if it maliciously concealed the defect. d&b shall therefore not accept any other explicit or tacit legal warranty or guarantee relating to the results, quality, performance, functionality or accessibility of the service.
   
   
4. d&b shall only be liable for damage suffered by the user outside the defect warranty in accordance with valid legal regulations if the damage was caused intentionally or through gross negligence. In addition, d&b shall be liable for damage caused through the loss of life, physical injury or injury to health, as well as under the Product Liability Act or other compelling liability based on valid law.
   
   
5. Any further liability of d&b shall be excluded irrespective of the legal reason. This provision shall also apply to any liability for damage (e.g. loss of data, damage to hardware or software) caused by viruses or other malicious software.
   
   
6. If the liability of d&b is restricted or excluded according to the above-mentioned provisions, this shall also apply to the personal liability of the legal representatives and employees of d&b and its affiliated companies within the meaning of § 15 of the German Stock Corporation Act (AktG), as well as to indirect damage and consequential damage such as loss of data and business interruptions.
   
   
7. d&b shall not be liable for damage which is caused by the ESG Cockpit software since this software is provided and operated by akaryon. Claims in connection with this damage or these defects shall be enforced directly against akaryon. The provisions and restrictions of the ESG Cockpit End User Agreement shall apply.
   
   

6. Duration, Amendments and Termination of the Terms of Use

1. These Terms of Use shall apply from the date of registration and shall be valid for an unlimited period of time.
   
   
2. d&b shall announce amendments or additions to these Terms of Use via the service at least 30 days in advance. d&b shall ensure that the respective amendments are appropriate after taking account of the specific interests of the user. In order to continue utilising the service, the user shall agree to the new Terms of Use via the service after the 30-day notice period. If the user no longer wants to permanently utilise the service based on the amended Terms of Use, he shall terminate the service in accordance with § 6.3.
   
   
3. The user may terminate utilisation of the service at any time. Notice of termination shall be sent by e-mail to: support@my.dbsustainsymphony.com.Once the notice of termination has been received, the possibility to use the service shall end and the user's data (including personal data) shall be deleted.
   
   
4. d&b shall reserve the right to temporarily block or terminate with immediate effect the user's SustainSymphony account or access by the user to all or part of the service if (i) the user infringes an important contractual obligation in this Agreement, (ii) d&b is forced to take such action in order to comply with legislation, court orders or other official decrees, or (iii) there are specific and actual grounds for assuming that the competitiveness or the reputation of d&b is being damaged by the user's behaviour or through discriminatory or racist comments made by the user.
   
   
5. On termination of this Agreement, the user's right to utilise the service shall end with immediate effect. The user shall also be obliged to immediately delete or, at the request of d&b, return all copies of the documentation, passwords or access codes, as well as all other confidential information of d&b which is in the possession, in the care or under the control of the user.
   
   

7. Data Protection

The data protection regulations relating to the service shall apply: Privacy Policy

8. Transfer of the Agreement to Third Parties

d&b shall be entitled to transfer in whole or in part all rights and obligations from the Agreement with the user to third parties. Transfer of the Agreement shall be notified expressly to the user without observation of the written form, but at the latest one month before the transfer date. If the user does not object to the transfer of the Agreement in writing or in text form within one additional month after receipt of notification, this shall be regarded as approval.

9. Final Provisions and Amendments

1. If legally permissible, the user and d&b shall agree that the sole place of jurisdiction for all disputes arising from and in connection with these Terms of Use shall be the courts in Stuttgart. However, d&b shall be entitled to take legal action at any other responsible court.
   
   
2. These Terms of Use shall be subject solely to German law to the exclusion of the United Nations Convention on the International Sale of Goods (CISG) dated 11 April 1980.
   
   
3. If one of the provisions of these Terms of Use is or becomes wholly or partially void, invalid or unenforceable, or if the Terms of Use include a loophole, the validity and enforceability of all other provisions of these Terms of Use shall not be affected. The contracting parties shall replace the void, invalid or unenforceable provisions, or close the loophole by agreeing a legally permissible provision which comes as close as possible to the intention of the contracting parties or what they would have agreed according to the meaning and purpose of these Terms of Use if they had recognised the invalid provisions or the loophole. If the invalidity of a provision is based on a measurement of performance or time (period or date) defined therein, the contracting parties shall agree on a provision with a legally permissible measurement of performance coming as close as possible to the original measurement of performance. This saving clause shall not result in any reversal of the burden of proof, § 139 of the German Civil Code (BGB) shall be waived entirely.