Terms and Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS, CONSULTING AND PLACEMENT (GTC)

ProLEDALL platform – Owner: Dipl.-Ing. Mohammed Abahssain, 67065 Ludwigshafen am Rhein

§ 1 Scope of application, exclusion of third-party terms and conditions

All our offers, consulting services, analyses, and the use of the ProLEDALL platform are based on these terms and conditions. ProLEDALL functions as a specialized expert platform for the manufacturer-neutral selection, evaluation, and presentation of LED display systems, as well as an interface for OEM communication. These terms and conditions apply only to businesses as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law (hereinafter referred to as "Customer").

The platform's purpose: ProLEDALL offers customers technical expertise in the form of product testing, specification analysis, and SaaS-supported system selection. ProLEDALL handles communication with OEMs, selects high-quality products according to OEM specifications, and prepares them for professional users.

Network and Implementation: ProLEDALL prepares proposals in close cooperation with specialized implementation partners (especially LEDALL GmbH). ProLEDALL handles the technical planning and engineering. Depending on the selected scope of services, the contractual arrangements for the purchase of hardware and any installation services are made directly with the implementation partner named in the proposal.

§ 2 Contract conclusion, scope of services of the platform, mediation

Combined offers: ProLEDALL creates project offers that can include both specialist planning/consulting (ProLEDALL) and the delivery and, if applicable, installation of the hardware (implementation partner). Upon acceptance of such an offer by the customer, separate contractual relationships are established – unless explicitly agreed otherwise.

a) A consulting and engineering contract with ProLEDALL

b) A purchase and/or works contract with the implementation partner named in the offer

Implementation flexibility: The customer can choose whether to obtain the complete package (hardware & installation) through the proposed implementation partner or to purchase only the hardware through them and have the installation carried out by their own personnel or a third party. In the latter case, the contractual relationship with the implementation partner is limited to the purchase of the components; ProLEDALL's liability for installation errors by third parties is excluded.

Our offers are non-binding unless expressly designated as binding. Contracts and agreements only become binding upon our written order confirmation (or that of the partner) or upon performance of the service.

OEM Communication: Insofar as ProLEDALL handles communication with OEMs on behalf of the customer, ProLEDALL acts as a technical consultant. This does not create a direct purchase agreement between the customer and the OEM, unless expressly stipulated otherwise.

Notwithstanding the above, ProLEDALL may, in individual cases, act as the seller or general contractor. In such cases, this will be expressly stated in the respective offer, and supplementary contractual terms will apply.

§ 3 Compensation model, SaaS services and billing

Free of charge for customers: The use of the ProLEDALL platform, access to specialist articles, blog content and basic support in product selection (AI-supported selection) are generally free of charge for the customer, unless a paid individual consultation has been expressly agreed upon.

Refinancing via implementation partners: ProLEDALL (Ledall Media Engineering) refinances the operation of the platform, the ongoing evaluation of OEM products, and the further development of the AI selection tools through SaaS (Software-as-a-Service) service fees and marketing contributions from participating implementation partners. No commission is payable to the customer.

Separate consulting agreements: Only in cases where the client explicitly requests independent engineering services or specialist planning beyond the standard scope (e.g., detailed tender preparation without any intention of implementation) will a separate fee agreement be made directly between ProLEDALL and the client. In this case, Ledall Media Engineering will issue the invoice according to the agreed fee.

Billing for operational services: All invoices for the delivery of LED systems, hardware, software licenses from the partner, and installation services are issued exclusively by the respective implementation partner. ProLEDALL does not act as a collection agency for the partner.

Advertising services: ProLEDALL reserves the right to rent advertising space on the platform to partners or third parties (e.g., SaaS providers or manufacturers). This will be clearly marked as "Advertisement" or "Sponsored Content" in accordance with legal regulations.

§ 4 Intellectual property, usage rights and content

Copyright protection: All content provided on the ProLEDALL platform, in particular blog articles, technical contributions, OEM evaluations, product tests, graphics, databases, and the logic of the AI-supported filtering and selection tools, is protected by copyright. All rights are held exclusively by ProLEDALL (Ledall Media Engineering) or its owner, Dipl.-Ing. Mohammed Abahssain.

Customer Use: The customer is entitled to use the information provided on the platform for their own internal use within the scope of project planning. Any further use, in particular reproduction, distribution, making publicly available, or commercial exploitation (e.g., as a consulting service to third parties), is prohibited without the express written consent of ProLEDALL.

Protection of Engineering Services: If ProLEDALL provides the client with technical drawings, engineering concepts, or specific specialist plans as part of its consulting services, all intellectual property rights remain with ProLEDALL. The client may only use these documents for the specific project for which they were created. Disclosure to third parties (especially competitors for comparison purposes) is strictly prohibited.

Prohibition of Data Mining / Scraping: The automated extraction of data, OEM ratings or price calculations from the platform (e.g. by bots, scrapers or AI crawlers) is prohibited unless expressly authorized for specific interfaces (APIs).

Trademark rights: The name "ProLEDALL" and the associated logos are protected trademarks. Use by the customer or implementation partner is only permitted within the scope of the contractual agreements.

§ 5 Liability and warranty

Liability for consulting and planning: ProLEDALL is liable for the professional preparation of plans and engineering services in accordance with recognized engineering standards. No liability is assumed for the accuracy of technical data and specifications provided by OEMs (manufacturers), provided that ProLEDALL has checked this data for plausibility with due commercial diligence.

Exclusion of liability for defects in hardware: Since ProLEDALL is not the seller of the LED systems or other hardware, any warranty or liability for defects on the delivered products is excluded by ProLEDALL. Claims due to product defects, delivery delays, or faulty installation must be made exclusively against the respective implementation partner.

Platform Content and Analysis Tools: The technical articles, blog content, and technical filter and analysis tools provided on the platform serve as general support for system selection. These tools are constantly being developed; no guarantee is given for the complete accuracy, timeliness, or continuous availability of the database results displayed. The final technical review of the specifications is the responsibility of the customer within the scope of the specific project planning.

Limitation of Liability: ProLEDALL is liable – regardless of the legal basis – only in cases of intent or gross negligence, as well as in cases of breach of essential contractual obligations (cardinal obligations). In cases of simple negligence, liability is limited to the foreseeable damages typical for this type of contract. Liability for indirect damages, lost profits, or consequential damages is excluded.

Statute of limitations: Claims by the customer arising from errors in advice or planning become time-barred within 12 months after completion of the respective advisory service, unless longer periods are mandatory under the law.

§ 6 Customer's duty to cooperate

Professional advice and planning by ProLEDALL requires that the customer provides all necessary information, documents (e.g. building plans, load registers, electricity connection data) and permits in a timely and complete manner.

Delays caused by late submission or incorrect information provided by the customer are not the responsibility of ProLEDALL.

The client designates a technically competent contact person for each project who has decision-making authority.

§ 7 Secrecy and confidentiality

Both parties undertake to treat as strictly confidential all information received in the course of the cooperation which is marked as confidential or which is recognizable as a trade secret by its nature.

This applies in particular to technical specifications of the OEMs, pricing models of the implementation partners, and internal project details of the customer.

This obligation remains in place for a period of three years even after the termination of the cooperation.

§ 8 Reference advertising

ProLEDALL is entitled to name the customer and the completed project anonymously or – after consultation – by name as a reference on the platform, in blog posts or on social networks after successful completion.

The customer may object in writing at any time if they assert a legitimate interest (e.g. confidentiality in military or security projects).

§ 9 Customer protection

The customer undertakes not to enter into any direct or indirect business relationships with manufacturers (OEMs), suppliers or implementation partners that have become known to him in the course of using the platform or through services of ProLEDALL, during the term of the business relationship and for a period of 24 months after its termination, provided that this business relationship is attributable to a mediation, recommendation or other involvement of ProLEDALL.

In the event of a breach, ProLEDALL is entitled to demand a reasonable contractual penalty. The right to claim further damages remains reserved.

§ 10 Platform development and changes

ProLEDALL reserves the right to modify, further develop, or restrict the content, functions, structure, and technical components of the platform at any time, provided this is reasonable for the user. There is no entitlement to the continuous availability of specific functions or content.

§ 11 Changes to the Terms and Conditions

ProLEDALL reserves the right to amend these Terms and Conditions at any time with effect for the future, in particular in the case of:

a) Changes to the business model

b) Expansion of platform functions

c) Legal requirements

The latest version is published on the platform.

§ 12 Place of performance, jurisdiction, applicable law

The place of performance for all claims arising from the business relationship between the customer and us is Ludwigshafen am Rhein.

The exclusive place of jurisdiction for all claims arising from the business relationship is Ludwigshafen am Rhein. However, we are also entitled to sue the customer at their general place of jurisdiction.

German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Severability clause: Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected.