The service provided under the domain www.insic.com is a German service for German users living in Germany. The service on www.insic.com is still in beta operation and test setup. To register for the current live service please check out our German website www.insic.de.
General Terms and Conditions of „insic GmbH“ for internet users (end customers)
The General Tems and Conditions of insic GmbH, Bei der Doppeleiche 3, 22926 Ahrensburg (named therafter: „Insic“) shall be valid for any contract entered between Insic and its end customers (named thereafter: “Users”) via the internet and may be printed via the “print”-function of the users browser. Furthermore, the GTC may be downloaded to the Users own device or may be called from the registration page, GTC, of the URL www.insic.com at any time in the current version.
§ 1 General terms, conclusion of contract, subsequent conditions, scope of applicability, alterations
(1) insic provides its system for identification and age verification, including functions referring to the protection of minors, consumer protection, player protection and AML-measures to internet users (named thereafter: „Users“) allowing them, after successful registration, to prove their identity and therefore gain access to offers using insic’s systems for age verification and identification under www.insic.com and containing of e.g. closed groups of users.
(2) Basis of any service carried out by insic are these General Terms and Conditions. These General Terms and Conditions shall be valid also for legal relations between the Parties without without the requirement of further agreements. insic rejects expressively the applicability of any provision different from this General Terms and Conditions.
(3) Collateral agreements, alterations and amendments to these General Terms and Conditions must be confirmed in writing by insic to be valid. This shall be valid for the written form requirement as well.
(4) insic shall be entitled to modify these General Terms and Conditions. In this case, the User will be informed about the alterations via email to the address provided during the registration process or when logging in. The User will be given the possibility to reject the alterations of the General Terms and Conditions within a period of one month from notification. In case the User does not reject the alterations, the contract will continue under the altered provisions; insic shall be granted the right to proper termination of the contract.
(5) The contract will be concluded with online confirmation during registration or by sending an email from insic confirming reception of the required information. The User resigns from the requirement of the reception of the particular email due to insic’s sole possibility to assure sending but not reception of emails. The contract will be concluded under the subsequent provision of a proper termination of the registration procedure.
§ 2 Contractual item
insic provides a system for age verification and identification and further functions described on the website and www.insic.com for gaining access to third party offers and services that can be entered solely under particular legal restrictions to the User. The products and services provided by the age verification system are no item to this contract due to insic not having any influence on the services provided by the particular offeror on its sole discretion.
When transmitting his personal data, the User mandates insic to check the accuracy of the data transmitted, especially to verify major age and identity of the User. insic may carry out an additional geo location when required by law for an online registration. insic will implement third party procedures for age verification reasons. insic will not check the data transmitted by third parties but will accept the results without further examination. Additionally, the General Terms and Conditions of any third party offeror shall be valid when announced.
§3 Authentification, availability
The insic system will be provided to the User in different variations, referring to the particular media form that is used by the particular time. Checks will be carried out by using the Users access data in reference to one of the methods for unique authentification or creation of a closed group of Users mentioned below:
(1) Software / browser (named thereafter: „plug-in“): insic provides a free software module to the User, to be installed in the browser of his personal computer or his settopbox, which will generate a „key“ to the restricted content of third parties and will store the „key“ on the third party infrastructure.
(2) Mobile phone (mobile device): the User may use his mobile device as a key for the access to restricted content provided by the particular third party.
insic grants availability of its own infrastructure for all services up to an average 97% of the annual average, up to the handover point to an external grid operator. The usage of the services relies also on the functionality of external networks and technology not under insic’s influence. Impairments due to maintenance or update work shall not be considered as non-availabitlity of the insic services.
insic shall be entitled to alterations of the services and the technical environment as far as the scope of performance is not affected and improvement of service or statutory provisions require so or if carried out due to technical advancement.
§ 4 Registration / profile changes / self-exclusion/ blocking
(1) Users must be at major age to register. The User declares to be at least 18 years of age when gaining User access.
(3) Usage of the insic services is solely possible upon completion of the registration.
(4) The User may request a blocking of his account via the insic customer support. The request mandates insic to prevent the use of any services of any of insic’s contractual partners and to deposit an encrypted data record for the particular User; the data record will give no indication to the User’s identity but will prevent the conclusion of a contract between insic and the particular User expiring the contract entered here up to the statutory required time period.
§ 5 Email address / password
(1) When establishing his customer account, the User is required to enter an email address and a password in the first step. insic indicates a change of the password in regular terms and the use of special characters and unusual strings of characters due to security reasons.
(2) The User is obliged to keep his password secret at all times and not to make is accessible to any third party. In case the User hands over its password or is responsible for third parties using the insic services in any way, one will be liable for the expenses and damages arising.
(3) insic will not be liable for the abuse of any customer account arising from the User’s handover of passwords to third parties or the negligent handling of his access data.
(4) The User is obliged to announce any known or suspected abuse of his access data immediately. This shall be valid for loss of documented access data as well.
§ 6 Users obligations / breaches of contract / blocking
(1) The User
– confirms to be at least 18 years of age due to age of majority is required for the conclusion of the contract;
– confirms by registering not to be addicted to gambling as far as the respective identification is carried out for gambling purposes;
– is obliged to give accurate and complete data in the course of registration and to announce changes of any data being item to the particular contract to the insic customer support;
– is obliged to use insic’s system for identification and age verification solely for the purchase of or participation in services not violating any statutory or regulatory provisions.
(2) Any transfer of access data to any third party or the gaining of access to insic’s system for identification and age verification or any system of any third party accessible via insic’s infrastructure are prohibited. insic indicates the User that the gaining of access to minors is illegal and may further lead to criminal prosecution.
(3) The User is obliged to inform insic immediately when noticing that products or services made available via insic’s systems violate applicable laws.
(4) insic is entitled to immediate closure of the Users account when suspecting reasonably the violation of provisions hereunder or the violation of provision § 5 (4) of these General Terms and Conditions. insic is further entitled to notify any closure of any User’s account to the operator of the particular website as far as the operator is in danger to face disadvantages arising from the violation.
(5) The User is obliged to compensate any damages arising from a breach of the provisions hereunder.
(6) The Users account will also be closed immediately when the User’s blocking according to the provisions of GlüStV (German Gambling Treaty) or any other applicable laws is announced to insic by a third party using insic’s identification and age verification system.
§ 7 Term / termination
(1) The contract will be entered for an indefinite period of time and can be terminated in writing or by email and respective confirmation by either party to the end of the next calendar month without giving reasons.
(2) The right to the termination for good cause remains unaffected. A good cause may especially, but without limitation, be a culpable violation of his obligations under the provisions § 6 (1) to (3) of these General Terms and Conditions.
In case of queries regarding the contract, our services or if you wish to terminate you may contact our customer support:
Phone: +49 4102 607 6010 0
E-Mail: support at insic.de
(3) Revocation according to distance selling laws: The User may revoke the contract within a time period of 14 days from the conclusion of the contract. The term will start with the first day after the reception of a revocation instruction in textual form to be provided to the User separately. Revocation is possible without giving reasons and must be in textual from, what means via mail, telefax or email. Punctual dispatch of the revocation statement is sufficient. The revocation statement shall be sent to:
insic GmbH, keyword: revocation, Bei der Doppeleiche 3, D-22926 Ahrensburg
or fax: +49 (0)4102 607 6010-9
or phone: support at insic.de
§ 8 Rights of use / rights of reproduction
(1) In case the User uses the „plug in“-method for accessing the identification and age verification system, insic grants the User a free, non-exclusive and non-transferable right of use to the software limited to the term of the contract. The software may solely be installed on the particular User’s device and may solely be used for private purposes.
(2) Any use of the software beyond the plug in-installation on the User’s device and the creation of a backup copy is prohibited. Editing or reengineering of the software is prohibited as well, except decompilation exclusively for providing interoperability between programs or parts thereof in case insic provides the relevant information.
§ 9 Warranty
(1) insic software: User’s warranty rights to the plug-in refer to the statutory provisions of §§ 523, 524 BGB.
(2) Identification and age verification: the User is granted solely its warranty rights granted by law and no further, independent from an identification or age verification carried out for remuneration or not.
§ 10 Liability
(1) insic software: Insic shall be liable for own faults as well as faults of its vicarious agents according to the siatutory provisions of § 521 BGB. Liability according to ProdHaftG (German Product Liability Act) remains unaffected. insic’s liability shall be limited to the extent of damages typically predictable as a sum.
(2) Further insic services:
– insic shall be liable for damages arising from services carried out on insic’s infrastructure and caused by wilful misconduct or gross negligence to the full extent. insic’s liability shall be limited according to the provisions announced thereafter for any service carried out in accordance to this contract.
– insic’s liability shall be limited to the extent of damages typically predictable as a sum.
– insic shall be liable to the full extent for culpable damages to life, body or health of a person.
– insic shall be liable to the full extent in case of proof of fraudulent concealment.
– insic shall be liable substantively in case of culpable breach of fundamental contractual obligations as far as those obligations form an integral part of the contractual item.
– insic shall not be liable for damages arising from non-performance or default as far as the non-performance or the default are caused by Acts of God like e.g. strike, lockout or official decrees. This shall be valid for damages arising from Acts of God at insic’s contractors or subcontractors. insic shall be liberated from its obligation to performance for the duration of the disruption.
– Liability claims lapse within the term of one year from the event the claims are arising from, except liability claims due to wilful misconduct.
§ 11 Costs / Registration on one’s own behalf
(1) The User may use the insic services for free when registering via a partner connected to insic’s systems. In this case, the partner will bear the costs for the registration to the full extent.
(2) In case the User wants to register without using the intermediation of one of insic’s partners, registration may be carried out not until the manual approval of the insic customer service. The User must apply for approval at the insic customer support in this case. insic is entitled to refuse registration not being carried out via one of insic’s partners.
§ 12 Further terms of contract
(1) The law of the Federal Republic of Germany shall apply. Applicability of the UNCCISG is excluded expressively.
(2) Place of jurisdiction and performance shall be insic’s place of business.
(3) The contract between User and insic is concluded according to German law and in German language. In case of different meanings when translated the German language version shall be the only relevant version.
The general terms and conditions in .pdf-format in English language can be found here …
The general terms and conditions in .pdf-format in German language can be found here …