Last updated: March 8th, 2021
1. Acceptance of Terms.
For the avoidance of doubt, when you go through and complete the subscription plan ordering process on the Platform, you thereby enter with us into a binding contract (“Contract”), which these Terms are an integral part of. The foregoing sentence applies correspondingly if you complete the process to utilize any free trial plan provided by us. Upon entrance of the Contract with us, you simultaneously open an account (“Account”), which includes content and data relevant to the Contract.
2. Access to Service.
Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Platform solely for your internal business purposes during the term of your subscription.
You must provide accurate information when you create your account, which gives you access to the Platform and its functionalities that we may change from time to time without prior notice and in our sole discretion. We may maintain different types of accounts for different types of users or organizations.
3. Customer’s Responsibilities & Restrictions.
a. Acceptable Use.
You shall not use the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) in any manner that would tend to damage our reputation or goodwill; (m) to permit any party to access and/or use the Service, other than authorized users; or (n) to perform or publish any performance or benchmark tests or analyses relating to the Service or the use thereof.
b. Users and Account Access.
You are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of the Contract. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. Subscription Fee, Payment.
Use of the Platform (apart from cases of free trial) is subject to payment of the respective fee for the respective subscription plan chosen by you. In the case of subscription plan, the fee will be charged and is payable on a pre-pay basis on the day you purchase a paid subscription and will cover the use of the Platform for a monthly or annual subscription period as indicated.
All the fees are quoted exclusive of taxes and similar duties imposed by the tax authorities and customers are obliged to pay and/or reimburse us for such taxes. Any objection to fees charged and included in an invoice must be made no later than 30 days after the date of invoice. Otherwise, the Customer shall be deemed to have accepted the correctness of the invoice.
Subscriptions are automatically renewed at the end of each subscription period, unless you change or terminate your subscription within the applicable termination period, and the respective fee shall be due and payable for the new period accordingly. Any downgrade of your subscription is effective beginning with the next subscription period. Upgrades take effect immediately. Downgrading your subscription may cause the loss of data, features, or capability of your Account. We do not accept any liability for such loss.
We reserve the right to change the payment terms and fees upon thirty (30) days prior written notice to you. If you do not wish to accept the changes, you may terminate your subscription with no less than 10 days’ notice, provided the notice is received by us before the effective date of the changed fee amount. If you do not terminate your subscription in accordance with this clause, you are deemed to have accepted the new payment terms and fees.
If, in our judgment, your subscription constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
b. Free Trial.
We may give free trials to selected customers. The free trial ends automatically after the fixed free trial period, from which on you may not be able to further use our Platform. The data you uploaded will remain until you delete it, delete your Account, or in all cases your account may be deleted by us 30 days after expiration of the free trial period. In case you would like to continue using the Platform after the free trial, you can purchase a subscription plan.
c. Reservation of Rights.
We reserve the right to change any and all aspects of the Platform at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/ phone number provided at the time the order was made.
5. Disclaimers; Limitation of Liability.
a. No Warranty.
You agree that your use of our Platform is solely at your own risk. We expressly disclaim all warranties of any kind, whether express, statutory or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Platform will meet your requirements, or that the Platform will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Platform or that defects in the Platform will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Platform is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any services purchased or obtained through the Platform or any transactions entered into through it. No advice or information, whether oral or written, obtained by you from us or through the Platform shall create any warranty not expressly made herein.
b. Accuracy of Information.
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to functionality, features description and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your subscription order). We undertake no obligation to update, amend or clarify information on the Platform.
c. Limitation of Liability.
We shall not be liable for any damages or otherwise to you, except in the following cases: (i) liability caused intentionally (vorsätzlich) or through gross negligence (grob Fahrlässig) of us (including by our agents or assistants in performance), (ii) liability for simple negligence (fahrlässig verursacht) causing a culpable default (schuldhafter Verletzung) of a fundamental contract obligation (wesentliche Vertragspflicht); however, liability for damages in this case shall be limited to the typical and predictable damages, (iii) liability for culpable injury (schuldhafter Verletzung) to life, body or health as well as liability, and (iv) liability under the German Product Liability Act (ProdHaftG). Unless you prove otherwise, typical and predictable damages shall be limited to the amount of fees paid or owing by you to us. No action arising out of any breach or claimed breach of these Terms or transactions contemplated by these Terms may be brought by either party more than one year after the cause of action has accrued. For purposes of these Terms, a cause of action will be deemed to have accrued when a party knew or reasonably should have known of the breach or claimed breach. The parties acknowledge that the prices for the Platform have been set in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.
6. Term, Termination.
The term of the subscription shall correspond to the subscription selected by you, ie. annual or monthly. Yearly subscriptions will be renewed for another 12 months at the end of the subscription period, unless you terminate with 30 days’ notice before the end of the then current subscription period. Monthly subscriptions will be renewed at the end of each subscription period, unless you terminate your subscription before the end of the then-current subscription period. Any termination will take effect at the end of the last day of the current subscription period, and your Account will be deactivated. We may terminate or suspend/deactivate your Account and use of the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or in case the fee payment owed by you is not made successfully. In case of termination for whatever reason, no refunds of payments are due or owed, except in case we terminate without cause before the end of the then current subscription period, in which case you will be entitled to a pro rata refund of any fee paid. If we delete your Account for cause, you may not re-register for our Platform; in such case we may block your email address and Internet protocol address to prevent further registration.
You agree to indemnify and hold us and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content used on the Platform, your personal use of the Platform or any gross negligence or willful misconduct on your part.
8. Data Protection; Use of Customer Data.
Personal data of the prospective customer, customer, or partner can be processed to establish, perform and terminate a contract. Prior to a contract, personal data can be processed to prepare bids or purchase orders or to fulfill other requests of the prospective customer relating to contract conclusion. Prospective customers can be contacted during the contract preparation process using the information that they have provided.
We shall be entitled to use for basic research the methodical and scientific experiences gained from the executing and entering an agreement with you.
9. Intellectual Property.
The Platform and all intellectual property rights in it, and any of our proprietary technology, including software, hardware, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical material or information made available to you by us in providing the Platform are our or our suppliers exclusive property. You hereby assign to us any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you related to the Platform. You shall treat all of our intellectual property confidentially, and you shall be bound by all confidentiality provisions with respect thereto. If you provide us with text data of third parties (e.g. of client communication (CRM), access tokens for Facebook, client forums/blogs and therein contained texts or contents of other client sources), the customer explicitly ensures that their client’s permission has been obtained for the transmission and processing of the data in compliance with the applicable data protection regulations.
If any term, condition, or provision in these Terms is found to be invalid, unlawful or unenforceable to any extent, such invalid term, condition, or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. Any gaps shall be filled with terms consistent and compatible with these Terms.
You are responsible for updating your data and, without limitation, for providing us with your most current e-mail address. In the event that the last e-mail address you have provided us is not valid, or for any reason is not capable of delivering to you any notices required by these Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described on the notice. Any notices or questions to us should be sent to firstname.lastname@example.org.
c. Entire Agreement, Interpretation.
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersede and merge all prior discussions between the parties with respect to such subject matters. No modification of or amendment to these Terms, or any waiver of any rights under these Terms, will be effective unless in writing and signed by one of our authorized signatories. If a German translation appears in parenthesis, then this German word shall govern the interpretation of the translated English word.
d. Updates to Terms, Current Version.
We may update our Terms from time to time. We will our existing customers with prior notice by email of any change in our terms, and for existing customers the new Terms will become effective 30 days after such notice, unless the existing user has objected, in which case the subscription is deemed terminated at the next possible termination date and the old terms shall apply until the end of the then current subscription period. In all other cases changes to the Terms are with an immediate effect when they are posted on this page. These Terms have been last updated on March 8, 2021.
e. Law and Jurisdiction.
These Terms are governed by the laws of Germany, excluding i) laws that direct the application of another jurisdiction’s laws, and ii) UN Convention on the International Sale of Goods (CISG). If the Customer has its seat outside of Germany, the laws regarding general contract terms under § 305 through §310 BGB (German Civil Code) shall not apply. Insofar that the Customer is a business (Kaufleute), or has its seat outside of Germany, then the Customer agrees that any dispute between us, whether in contract or in tort or regarding these Terms, will be subject to the exclusive venue and jurisdiction of the competent courts of ordinary jurisdiction in Nürnberg, Germany.