Terms and Conditions

Field of Application

  1. The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to the use of the web-based software application Prochorus Analytics and the services offered therein (hereinafter also referred to as “Services”). The focus of the Services is on the collection and use of data for the area of hygiene in the healthcare sector.
  2. This is an offer from Prochorus GmbH, represented by the management, business address Schloßhalde 15, 78147 Hammereisenbach, hereinafter referred to as “Prochorus”. By using the services of Prochorus Analytics, users agree to the validity of these General Terms and Conditions.
  3. In the event of changes to the GTC, these shall only become part of the contract if the user agrees to these changes. To this end, it is sufficient for Prochorus Analytics to make the new version of the GTC available on the homepage and for the user to agree to this before using the services of Prochorus Analytics. Deviating provisions shall only apply if they have been expressly agreed in writing between Prochorus Analytics and the user.

Registration to Prochorus Analytics

  1. The following provisions govern the relationship between Prochorus Analytics and the customer. Customer accounts are created on request by service partners of Prochorus Analytics or directly by Prochorus Analytics. For the initial registration, the customer receives an e-mail with an invitation link to the log-in area of the protected web application www.analytics.prochorus.de. The registered customer will be asked to change their password after the first login. The customer account is equipped with administrator rights and the services agreed between the customer and Prochorus. It is the responsibility of the customer and their defined administrator to organize and regulate access rights and functionalities in compliance with data protection.
  2. In the event of false, inaccurate, outdated or incomplete information or in the event of a violation of its obligations to cooperate according to Section VI, Prochorus reserves the right to block the account in question and to refuse the customer the use of the software application. The customer will be informed of this. If the customer does not provide the required cooperation, the account will be irrevocably deleted by Prochorus after 6 months from the date of blocking.
  3. Prochorus provides a software application that in particular supports the services of the customer's service partners in collecting, processing, archiving and making available data. Data from various service partners of the customer is bundled in the “Prochorus Analytics” software and can be supplemented, collected, archived, analyzed and made available to third parties by the customer.
  4. Prochorus acts exclusively as an intermediary for various (service) providers, in so far as these are not Prochorus' own services. Contractual relationships between the customer and a service provider brokered by Prochorus are concluded exclusively between these two parties; Prochorus is not a participant in such a contractual relationship and is therefore not liable for primary or secondary contractual claims between the contracting parties.
  5. The use of Prochorus Analytics does not give rise to any obligation on the part of Prochorus to cooperate in the mutual fulfillment of the contract with regard to any obligations resulting from the contract between the customer and its service partner. Prochorus is solely responsible for the obligation to provide agreed services, such as the collection of data.

Processing Customer Data After Contract End

  1. After the end of the contract, the customer's data will be stored for a further 90 days to enable the customer to download their data. The download and the availability of the data are chargeable after the end of the contract. Arrangements for this will be made between the customer and Prochorus in a separate agreement.
  2. The provision of customer data to Prochorus for the purpose of database migration is subject to a charge both during the contract term and up to 90 days after the contract term.
  3. Data will be irrevocably deleted 90 days after the contract term. By written request, the customer can oblige Prochorus to delete all data immediately.
  4. The customer grants Prochorus a special right to its data that is not subject to legal protection and can be continued in the public interest within the framework of legal standards and regulations. In particular, this relates to data that must be recorded, archived or issued at the request of state authorities due to legal regulations or in the public interest.
  5. Prochorus provides its customers with analyses and information as needed to help improve drinking water quality or remedy deficiencies in the drinking water supply. Prochorus Analytics uses artificial intelligence that works exclusively with data collected by Prochorus or its customers themselves. The scope of the data generated significantly improves the quality of the analysis and information. Users of Prochorus Analytics agree that Prochorus may use automated and manually generated data by the user (e.g., through sensors, etc.) or data provided (e.g., uploaded documents such as findings) for the continuous improvement of data quality. Prochorus refrains from using personal data or data that could be used to identify the user. Even after the end of the contract, the customer grants Prochorus the right to use this data.

Range of Services

  1. The services of the Prochorus Analytics software application are based on the use of digital data acquisition, e.g. via scanning or sensor devices. This data is processed, archived, evaluated or made available as part of further process steps. Prochorus partners are involved in the services, such as laboratories, which are required to provide the services listed below. The services are regularly expanded or improved.
    1. Bacterial/water filter change
    2. Water flushing
    3. Water checks
    4. Bio-indicator tests
    5. Aerator change
    6. Employee training administration
    7. Document storage
    8. AI-based data analysis
  2. The customer is aware that the commissioning of service providers in the above-mentioned sense makes the transmission/forwarding of personal data of the customer to such service providers absolutely necessary so that they can provide their respective services to the customer. Prochorus will limit the transfer of personal data to such service providers to what is absolutely necessary. In all other regards, the provisions of the declaration of consent under data protection law will apply.
  3. The services and remuneration of Prochorus GmbH are regulated with the customer in a separate agreement. Prochorus GmbH's basic service obligations include the modules booked and provided by the customer. Payment is due at the end of each month.
  4. The Prochorus Analytics application offers every new customer a simplified procedure for data migration in the form of an Excel import. Data migrations after an initial import trigger a considerable amount of costly checking work for the customer. Customers are requested to consider all available data as comprehensively as possible during the initial import.

Range of services in the field of hardware

  1. Prochorus provides its customers with hardware devices for use in conjunction with Prochorus Analytics on a rental or purchase basis. Terms and conditions are set out in separate agreements.
  2. At the end of the term, the customer shall return the hardware devices provided to the Prochorus headquarters or a location designated by Prochorus in Germany at their own expense.
  3. The hardware devices must be returned in a condition typical for the item no later than two weeks after the end of the term.
  4. Any extensions to the term shall be governed by a separate agreement.
  5. Any damage caused by the customer through intent, gross negligence, negligence, improper use or mishap shall be paid for by the customer. Fees of any kind incurred in repairing the damage shall be borne by the customer.
  6. If the damage cannot be repaired, the customer shall pay Prochorus monetary compensation corresponding to the typical value of the used item at the time the damage occurred.

Offers for Registered Customers

  1. The customer agrees to receive offers from Prochorus by electronic mail to the e-mail address provided during registration or via other communication channels. The customer may object to receiving such offers by electronic mail at any time without incurring any costs other than the transmission costs according to the basic rates.
  2. At the end of the term, the customer shall return the hardware devices provided to the Prochorus headquarters or a location designated by Prochorus in Germany at their own expense.

Customer Obligations / Hardware Requirements

  1. When registering with Prochorus, the customer is obliged to enter the data provided during registration truthfully and to keep it up to date at all times. This also applies to all other data entered by the customer when using the services. In this sense, the customer has a duty to cooperate and update the data. The customer is also obliged to always provide Prochorus with complete and truthful information in connection with the use of services.
  2. The customer acknowledges that complete and truthful information is essential for the performance of the services offered. The customer is aware that incorrect information when using the services may result in costs itself or increased costs due to the commissioning of third-party service providers, for which the customer is personally liable.
  3. If the customer provides false, untrue or insufficient information, Prochorus is entitled to cancel and terminate the order with immediate effect. In the event that the customer intentionally provides false or inaccurate personal data, Prochorus reserves the right to claim compensation for any damages and expenses incurred as a result, against proof.
  4. Prochorus ensures that Prochorus Analytics runs flawlessly on the most common hardware devices. Due to the number of manufacturers and operating systems from a wide range of providers, Prochorus cannot guarantee 100% that this will always be the case, especially after major software updates. Upon request, Prochorus will provide the customer with a list of hardware devices or operating systems, or their version numbers, that guarantee the error-free operation of Prochorus Analytics.

Liability of Prochorus

  1. Services provided
    Within the framework of the services offered, Prochorus acts exclusively as an intermediary for services provided by third parties and is therefore not liable for any claims or damages whatsoever arising from a legal relationship between the customer and such third parties. Such third parties are not vicarious agents of Prochorus.
  2. Own services
    Insofar as Prochorus provides its own services to the customer within the scope of the services offered, liability shall be limited to intent and gross negligence, insofar as this is excluded by law. Prochorus shall not be liable for financial losses incurred by the customer as a result of a slightly negligent breach of secondary obligations.
    Prochorus is not liable for the data entered.
  3. Statute of limitations
    The customer's claims for damages arising from this contract shall become time-barred in accordance with the statutory provisions. The limitation period shall commence at the end of the year in which the customer became aware of the damage and the person liable to pay compensation or should have become aware of it without gross negligence.

Termination of Contract

  1. The customer can have their user account with Prochorus Analytics deleted and terminated at any time without giving reasons. The written notification must be sent to the following address:

    Prochorus GmbH

    Schloßhalde 15

    78147 Hammereisenbach

    info@prochorus.de

  2. Upon receipt of the notification, the customer's user account will be blocked within 10 days and then deleted. The user will receive a corresponding confirmation of deletion.
  3. Prochorus may also block and delete the customer's account with immediate effect if the customer breaches their duty to cooperate in accordance with Section IV. In addition, reference is made to Section VI.
  4. The use of Prochorus services is no longer possible from the time of receipt of the termination request or blocking.

Privacy Policy

  1. The collection, processing and use of personal data by Prochorus is carried out in accordance with the provisions of the Federal Data Protection Act, the General Data Protection Regulation and the provisions of Prochorus GmbH's privacy policy. Prochorus / Prochorus GmbH will not pass on any personal data without the customer's separate consent, except for necessary transmission processes in connection with the customer's use of the services.

Special right of termination

  1. Prochorus GmbH concludes individual contracts with its customers for defined periods. Pricing within the negotiated contract periods is based on inflationary price developments of up to 5% p.a. in accordance with the Consumer Price Index of the Federal Statistical Office. Higher inflationary price developments of more than 5% in two consecutive months entitle Prochorus GmbH to terminate the existing contract or to enter into new negotiations with the customer.

Final Clauses

  1. The headings in these GTC are for convenience only and shall not be taken into account in the interpretation of the contract
  2. The use of the services of Prochorus / Prochorus GmbH shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Prochorus / Prochorus GmbH is neither obliged nor willing to participate in a dispute resolution procedure under the Alternative Dispute Resolution in Consumer Matters Act (“VSBG”).
  3. Unless otherwise provided by law, the place of jurisdiction shall be the registered office of Prochorus GmbH. However, Prochorus GmbH is also entitled to sue the customer at his place of residence. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
  4. The customer is aware that Prochorus GmbH provides all services in connection with the use of the services from the company's registered office. The place of performance for all components of the services offered is therefore Hammereisenbach.
  5. Prochorus GmbH shall be entitled to transfer its rights and obligations under this contractual relationship in whole or in part to a third party. The customer shall not be entitled to assign a claim arising from the contractual relationship without the prior written consent of Prochorus GmbH.
  6. Deviating agreements and amendments as well as collateral agreements and/or promises of any kind must be made in writing.
  7. Should provisions of these GTC be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remaining provisions of the GTC. The same applies if a loophole is found in these GTC. In place of the ineffective provisions or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to what the parties intended or would have intended according to the meaning and purpose of the contract if they had considered the point when agreeing these GTC. This shall also apply if the invalidity of a provision is based on a measure of performance or time (deadline, date) standardized in the contract; in such cases, a legally permissible measure of performance or time (deadline, date) that comes as close as possible to the intended one shall take the place of the agreed one.

Hammereisenbach, July 2025