General Terms and Conditions

POSpulse is an offering from 24Insights GmbH. The following General Terms and Conditions (‘GTC’) govern the relationship between 24Insights GmbH (hereinafter ‘we’ or ‘24Insights GmbH’) as Agent and you as Principal (hereinafter ‘you’ or ‘Customer’). The relationship between 24Insights GmbH and Scouts as well as the use of the www.POSpulse.com website is not the subject of these GTC.

This GTC shall become a valid part of any contract entered into by you and us upon entry into a contract between you and 24Insights GmbH pursuant to Section II of these GTC.

  1. General
  1. 24Insights GmbH operates a platform (the ‘Platform’) at www.POSpulse.com through which interested companies, such as manufacturers, retailers and service providers can place orders with 24Insights GmbH to research their products, shoppers (shopping experiences), actual situations and third party products at the Point of Sale in out of home and home segments.
  2. 24Insights GmbH provides customers with more information about actual situations at the Point of Sale and attitudes and experiences of its shoppers at and away from the Point of Sale. This means that customers can, for example, obtain information about the execution of promotions and quality specifications in retail outlets and their impact on end-customers, the placement of their products in the retail outlets and the perception of products and packaging by end customers.
  3. 24Insights GmbH commissions a team of mobile shoppers called ‘Scouts’ to handle customer orders. Scouts are individuals, who have registered as members with 24Insights GmbH and who perform jobs using mobile end devices in situ at the Point of Sale. 24Insights GmbH provides user software for smartphones for this purpose (hereinafter the ‘App’) which the Scouts use to collect the respective data.
  4. There is no employer-employee relationship between 24Insights GmbH and the Scouts. The latter perform jobs on a voluntary, freelance basis and are paid for the correct and full execution of the respective task.
  1. Conclusion of contract when placing an order
  1. If a 24Insights GmbH Customer wishes to place an order, it must, first of all, send a request to 24Insights GmbH describing the services required (hereinafter ‘Customer Request’) either via the www.POSpulse.com platform, by e-mail to a contact person (service@pospulse.com) or by phone.
  2. Customers must describe the background and purpose of their orders as accurately as possible. The following details, in particular, must be agreed between the Customer and 24Insights GmbH:
    1. The objective of the order (What are the Scouts required to do?)
    2. Where is the job to be completed (Where should the data be collected?)
    3. Which questions should be answered exactly?
    4. The amount of time required and target deadline (How long is the job likely to take and when should it be completed?)
  3. The address details of the retail outlets to be visited by 24Insights GmbH that are relevant to a Customer’s order, may, but do not have to be provided by 24Insights GmbH. Customers agree to provide the relevant addresses of the retail outlets to be visited upon request by 24Insights GmbH.
  4. Customers shall also provide image files for the products relevant to the respective job.
  5. Customer Requests may not breach any legal requirements, in particular, may not have criminal, discriminatory, pornographic or racist content.
  6. 24Insights GmbH reserves the right to review Customer Requests in accordance with internal company criteria and to make adjustments where appropriate, which are required in order to enable correct handling by the Scouts. 24Insights GmbH shall be entitled in particular to make technical edits to Customer Requests and their content, and prepare and adapt these and optimise wording such that they can be presented in a comprehensible and transparent manner on the mobile end devices of the Scouts. 24Insights GmbH shall not change data and content that is essential for the respective job.
  7. 24Insights GmbH reserves the right not to provide quotes to individual customers.
  8. The specific requirements and the individual services required by the Customer are prepared in a dialogue between the Customer and 24Insights GmbH.
  9. Following a visual inspection and, where required, an adaptation of a Customer Request, 24Insights GmbH shall provide the Customer with a quote based on the Customer Request or the Customer’s objective, which includes all the services selected by the Customer and prices (the ‘Quote’).
  10. Contracts regarding the execution of a job will not be signed until the Quote has been accepted by the Customer.
  11. Contracts shall be signed exclusively between the Customer and 24Insights GmbH. A contractual relationship shall not be established between the Customer and the Scouts. Scouts shall be commissioned exclusively by 24Insights GmbH.
  1. 24Insights GmbH Services
  1. The services provided by 24Insights GmbH include inter alia the design of questionnaires to be completed by the Scouts, the commissioning of Scouts and communication with them as well as the evaluation of the data collected by the Scouts and the preparation of this data for the Customer.
  2. Customers can also choose between different data analysis packages as well as other additional services.
  3. Specifically commissioned services shall result from individual quotes.
  1. Execution of jobs by 24Insights GmbH Scouts
  1. Following confirmation by the Customer of the questionnaire to be completed, 24Insights GmbH shall commence data collection within a maximum of five working days depending on the workload of the respective employee.
  2. 24Insights GmbH shall commission Scouts to collect the required data. Scouts shall collect the data described in the Customer order at the points of sale in the relevant retail outlets using the App, which sends the data to 24Insights GmbH. The Scouts are required to complete questionnaires in situ and also to take photos in order to provide the data required to answer the Customer’s questions.
  3. The data sets collected by Scouts are sent to the 24Insights GmbH backend. 24Insights GmbH checks the data sets for completeness in relation to the requirements in the respective Customer order. If for example, the answers provided do not match the photos taken, or if questions have not been adequately answered or have not been answered in full, the respective data set will be rejected. If a data set is complete and meets the Customer’s requirements, it shall be accepted and automatically approved for evaluation in the Analytics Dashboard. Customers only pay for accepted data sets.
  4. 24Insights GmbH cannot guarantee that 100% of all the specified retail outlets will be visited and that complete data sets will be collected in these outlets. Scouts work on a freelance basis and are under no power of direction from 24Insights GmbH. 24Insights GmbH can only attempt to influence Scouts through additional recruitment, recompense or communication. Pursuant to Section VI.3 the Customer shall only pay for retail outlets actually visited in which complete data sets are collected.
  5. Customers shall be informed via the e-mail address they have provided when a job has been completed or, if agreed, on receipt of the first results delivered by Scouts.
  6. The data sets collected shall belong to 24Insights GmbH. 24Insights GmbH shall be entitled to use the data collected and prepared in anonymised form, internally and externally, for the production of benchmarks, industry reports, white papers and press articles. Under no circumstances shall specific details of individual jobs be passed on to third party companies.
  1. Analytics Dashboard
  1. Access to the Analytics Dashboard of 24Insights GmbH shall be set out in the respective Quote.
  2. Other access to the Analytics Dashboard and any additional services may be ordered by the Customer for an additional fee.
  3. The Analytics Dashboard cannot currently be viewed or used on smartphones.
  4. The Analytics Dashboard can be used on an iPad, however with restricted functionality compared with desktop use.
  5. The use of a current Internet browser and an Internet connection is required for trouble-free use of the dashboard. The use of Internet Explorer Version 9 or older is not supported. A suitable Internet browser shall be provided by the Customer.
  1. Remuneration
  1. Customers shall pay 24Insights GmbH fees in accordance with Quotes for the 24Insights GmbH services defined in said Quotes.
  2. Only the services defined to Customers in writing in Quotes shall be provided by 24Insights GmbH.
  3. If a Customer subsequently commissions 24Insights GmbH services over and above those in the respective Quote (for example, individual evaluations in the Analytics Dashboard, adjustments to presentation style, data export to and evaluations in Microsoft PowerPoint etc.) these shall also be subject to a fee. The price quoted shall only include the creation of an evaluation dashboard for Customers, not its repeated adaptation in line with Customer requirements. 24Insights GmbH reserves the right to send a separate bill for this following prior notification.
  4. If not all the retail outlets relevant to a Customer order are visited or if incomplete data sets are collected in one or more retail outlets, or if an adequate number of Scouts cannot be recruited to take part in a survey, only the remuneration for the participating Scouts or actual retail outlets visited in which complete data sets are collected shall be billed.
  5. If at least 95% of the data sets commissioned (number of retail outlets to be visited or participating Scouts) are collected in full, 24Insights GmbH shall bill the Customer for the full fee for 100% of the data sets.
  6. If incorrect results are based on incorrect or incomplete information from the Customer in the order details or when the Customer produces the questionnaire, these shall be billed in full.
  7. Fees shall be payable in accordance with the payment terms which are recorded on the respective valid invoice.
  8. 24Insights GmbH shall endeavour to invoice 50% of the invoice amount following confirmation of order and 50% after the job has been completed.
  9. Invoice amounts shall not include VAT.
  1. References
  1. 24Insights GmbH shall be entitled to use Customer names and logos in external relationships as customer references in its own media presence. Customers may refuse to allow references at any time.
  2. Job details or names or departments of Customer contact persons shall not be used.
  1. Liability
  1. The liability of 24Insights GmbH, its legal representatives and vicarious agents for injury to life, limb or health as well as liability in accordance with the German Product Liability Act and for damages, which are due to deliberate intent or gross negligence on the part of 24Insights GmbH, its legal representatives or vicarious agents or to the acceptance of a guarantee or procurement risk, shall remain unaffected by the following restrictions.
  2. In the event of damage, which is based on simple negligence by 24Insights GmbH, its legal representatives and vicarious agents, and which is based on the breach of an obligation, which enables proper fulfilment of a contract in the first place, and on the fulfilment of which the contracting party can generally rely (essential obligation), 24Insights GmbH shall only be liable for such damage that is typically foreseeable.
  3. 24Insights GmbH shall only be liable for the costs of data loss, which would be typically incurred for their recovery if the Customer had taken reasonable and regular action to create backup files.
  4. Irrespective of Sections 1 to 3, there shall be no further liability on the part of 24Insights GmbH.
  5. 24Insights GmbH shall not be liable for damage caused by Scouts in retail outlets.
  6. Customers shall exempt 24Insights GmbH from any third party claims, which are made against 24Insights GmbH on account of breaches by a Customer of Section III.3 of these GTC.
  1. Data protection
  1. Insofar as personal data is collected in the context of the contractual relationship with a Customer, the responsible party in accordance with the German Data Protection Act (BDSG) shall be:

24Insights GmbH, Ackerstraße 14-15, 10115 Berlin, Germany Phone: (+49-30) 5557-9258, E-mail: service@pospulse.com.

  1. 24Insights GmbH shall collect the following personal data belonging to Customers in the context of executing orders:

First name and surname, the name of the company, e-mail address, phone number (landline and mobile), position in the company.

  1. 24Insights GmbH shall use a Customer’s personal data solely for the following purposes:
  • Communication with Customer, questions
  • Creation of a company profile in the backend of the Analytics Dashboard on which access to the latter by the Customer is based
  • Reporting
  1. We also use your contact details (e-mail address) for 24Insights GmbH advertising purposes (here primarily informative newsletter) for similar goods and services, provided you have not objected to such use. You may object to such use at any time without such objection giving rise to any costs other than the transmission costs in accordance with the basic rates.
  2. A Customer’s personal data shall not be passed on to a third party.
  1. Miscellaneous
  1. Customer terms and conditions of business that differ from these GTC shall only become part of contractual content if this has been expressly agreed in writing. Express objection is made to deviating Customer general terms and conditions of business herewith.
  2. 24Insights GmbH reserves the right to update and change these GTC from time to time. The latest version of the GTC is available at www.POSpulse.com.
  3. These GTC and the contractual relationship between Customers and 24Insights GmbH shall be subject to the law of the Federal Republic of Germany.
  4. The place of jurisdiction for any disputes arising in connection with these GTC shall be Berlin insofar as this is permissible.
  5. Should one or more of the provisions in these GTC or parts thereof be invalid or unfeasible or should this be the case in the future, this shall not affect the validity of the other provisions in these GTC. The same shall apply to any loopholes. The Parties shall replace any invalid or unfeasible provision by one that most closely reflects the meaning and financial purpose of the invalid or unfeasible one.