1. Provider
Cebras Potential Development GmbH
Wipplingerstraße 15/51010 Vienna, Austria
FN 668537 v, VAT ATU82983504
2. Subject of the platform
Cebras is a digital platform for orientation, development and networking of people with above-average cognitive potential.
In particular, the platform offers:
- Online tests (e.g. intelligence, personality or profile analyses)
- Questionnaires and self-assessments
- Individual feedback and development impulses
- Optional, voluntary matching with organisations, coaches or partners
Cebras does not provide medical, psychotherapeutic or clinical diagnoses and does not replace individual counselling or therapy.
3. Registration and user account
Certain functions require a user account.
- The data provided must be truthful and up to date.
- Access credentials must be kept confidential.
- Each person may only create one user account.
Cebras reserves the right to block or delete user accounts in the event of violations of these terms.
4. Use of tests and content
The tests, analyses and content offered on the platform serve exclusively for personal orientation, self-reflection and individual development.
Important:
- Test results are snapshots.
- They are no guarantee of performance, success or career.
- Decisions users make based on the content are their own responsibility.
5. Profiling and recommendations
Within the platform, information, test results and usage data are evaluated to enable personalised feedback and recommendations (“profiling”). Recommendations are not binding. The privacy policy governs the processing of personal data.
6. Matching and external offers
If users agree, Cebras may use profiles to suggest suitable organisations, coaches, mentors or cooperation partners.
Cebras accepts no responsibility for:
- Content of external offers
- Contractual relationships between users and third parties
- Results of such cooperations
7. Paid services, conclusion of contract and payment
7.1 Paid services are either digital content (online tests and questionnaires with automatically generated evaluation) or services (evaluations and reports individually prepared by Cebras). The type of each item is shown during the ordering process. The presentation on the platform is not a binding offer. The contract is concluded when users complete the ordering process with the payment service provider by clicking the button that indicates the obligation to pay (such as “Bezahlen” / “Pay” or “zahlungspflichtig bestellen” (order with obligation to pay)). Cebras confirms the contract by email.
7.2 All prices are in euros including VAT and are shown per item. Payment is made before the service begins via the payment providers offered on the platform.
7.3 Digital content is unlocked after receipt of payment. Services are deemed fully performed as soon as the result is made available in the user account; the time by which this happens is stated in the ordering process before the order.
7.4 The contract language is German. Entries can be corrected in the order form until the order is submitted. Cebras does not store the contract text; the confirmation email contains the essential contract terms. These terms can be accessed and saved on the platform at any time.
8. Right of withdrawal for consumers
8.1 Withdrawal notice
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us (Cebras Potential Development GmbH, Wipplingerstraße 15/5, 1010 Vienna, office@thecebras.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
8.2 Expiry of the right of withdrawal
For digital content (section 7.1), the right of withdrawal expires as soon as Cebras has begun providing it, after you have expressly agreed that provision begins before the end of the withdrawal period and have confirmed that you thereby lose your right of withdrawal (§ 18 (1) no. 11 FAGG). For services (section 7.1), the right of withdrawal expires as soon as the result is made available in your user account, if you have expressly requested that Cebras begin performance before the end of the withdrawal period and have confirmed your knowledge of losing the right of withdrawal (§ 18 (1) no. 1 FAGG).
9. Intellectual property and rights of use
All platform content (texts, tests, concepts, graphics, trademarks, software) is protected by copyright.
- Use is permitted only within the platform.
- Reproduction, distribution or commercial use requires prior consent.
Users grant Cebras the right to use their entries and test results to provide the services and, in anonymised form, for further development, quality assurance and norming of the procedures.
10. Availability and changes
Cebras strives for high platform availability but does not guarantee uninterrupted operation. Cebras may develop functions further, adapt content or expand or discontinue offers. Services already paid for but not yet performed remain unaffected.
11. Warranty
The statutory warranty rights apply.
12. Liability
Cebras is liable without limitation for damage caused by intent and gross negligence and for personal injury. Cebras is not liable for other damage caused by slight negligence. This applies in particular to economic, professional or personal consequences of decisions users make based on test results, recommendations or content, and to technical disruptions beyond Cebras' control.
13. Termination and deletion
Users can delete their account at any time.
Cebras may terminate accounts if these terms are violated, misuse occurs or legal reasons require it.
14. Applicable law and place of jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident in another EU member state, the mandatory consumer protection provisions of that state remain unaffected. For contracts with businesses, the place of jurisdiction is Vienna.
15. Changes to these terms
Completed purchases are governed by the terms in the version agreed at the time the contract was concluded. For further use of the platform, Cebras may change these terms; changed terms apply only once users agree to them.
16. Additional provisions for business customers (B2B)
The following provisions apply additionally and take precedence where Cebras provides services to businesses within the meaning of § 1 KSchG or the UGB. In case of conflict with the provisions above, the following points prevail.
16.1 Conclusion of contract and offers
Contracts with business customers are concluded by acceptance of a written offer from Cebras. Verbal side agreements require written form to be effective. Deviating or supplementary terms of the customer are hereby expressly rejected, even if they are not separately rejected in individual cases.
16.2 Data processing on behalf
Insofar as Cebras processes personal data of the customer's employees or third parties on the customer's behalf, the parties conclude a separate data processing agreement pursuant to Art 28 GDPR.
16.3 Reference naming
(1) Cebras may name the customer as a reference customer and use the customer's logo in unaltered form on the Cebras website (section “Customers” or “Partners”) and in sales and pitch materials. The naming serves solely to factually present the existing business relationship; no further promotional statement or endorsement is derived from it.
(2) Publications with substantive statements about the customer (press releases, case studies, quotes, project details, results) are made only with the customer's prior written approval.
(3) Cebras observes the customer's applicable brand guidelines insofar as they have been provided to Cebras.
(4) The customer may object to the reference naming in writing at any time without giving reasons (an email to office@thecebras.com is sufficient). Cebras removes the logo from all actively used materials without undue delay.
16.4 Confidentiality
Both parties undertake not to disclose confidential information obtained in the course of the business relationship to third parties and to use it only for contractual purposes. The confidentiality obligation continues after the end of the business relationship.
16.5 Liability towards business customers
Cebras' liability towards business customers is limited to intent and gross negligence. Liability is capped at the agreed fee for the respective service. Liability for lost profits, indirect damage or consequential damage is excluded.
16.6 Payment
Invoices are due within 14 days of the invoice date without deduction. In case of late payment, statutory default interest under § 456 UGB applies.
16.7 Rights of use
The customer receives a simple, non-transferable right to use evaluations and reports for internal purposes. Disclosure to third parties or use beyond the agreed purpose requires Cebras' consent.
Annex: Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Cebras Potential Development GmbH, Wipplingerstraße 15/5, 1010 Vienna, office@thecebras.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.