Terms & Conditions

AGB

These GTC are applicable to

• the use of the service and access to this application, and
• any other related agreement or legal relationship with the provider

in a legally binding manner. Defined terms are listed in the relevant section of this document.

Users are requested to take careful note of this document.

These GTC do not establish a working agency or partnership relationship between the parties involved.

This application is offered by:

Prodlane GmbH, Spinnereistr. 7, 04179 Leipzig, GERMANY

Provider email address: info@prodlane.io

"This application" refers to

• this website, including its subdomains and any other website through which the Provider makes the Service available;

• Applications for mobile devices, tablets and other "smart devices";

• the application program interfaces (API);

• the service;

• any applications, sample and content files, source codes, scripts, command sets or software included as part of the Service, and the related documentation;

The following documents, to which express reference is made, are an integral part of these GTC:

• Service Level Agreement

The most important at a glance

• It should be noted that individual provisions of these GTC may only be relevant for certain categories of users, for example, only for consumers or only for users who are not acting as consumers. Any such restrictions on the scope of application shall be expressly referred to in each clause concerned. In the absence of such reference, the clause shall apply to all users.

• The right of withdrawal is only available to European consumers.

• This application automatically renews product subscriptions. For information on the a) renewal period, b) cancellation and c) cancellation letter, please refer to the relevant section of these TOS.

• Important: For consumers who are resident in Germany, other rules apply, which are described in the relevant section of these GTC.

TERMS OF USE

Unless otherwise specified, the conditions listed in this section apply when accessing this application.

Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are expressly identified in this document.

By using the Service, Users confirm to comply with the following conditions:

• Users can be consumers or business customers;

Account creation

In order to use the service, users must register or create a user account by providing all data or information required for this purpose completely and truthfully.
The service is only available to registered users.

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible via this application.

Upon registration, users agree to be responsible for all actions taken in connection with their username and password.
Users are required to immediately and unambiguously notify the Provider via the contact information provided in this document if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.

Conditions for the creation of a user account

The creation of a user account is subject to the following conditions. By registering, the user agrees to comply with these conditions.

• The creation of user accounts by bots or other automated methods is not allowed.

• Unless otherwise specified, each user may create only one account.

• Unless expressly permitted, a user account may not be shared with other persons.

Termination of the user account

User accounts can be deleted at any time as follows:

• Using the account deletion function available through this application.

• By contacting the provider directly using the contact details provided in this document.

Blocking and deletion of the user account

The Provider reserves the right, at its sole discretion, to block or delete at any time and without notice any user accounts that it deems to be inappropriate or offensive or that it deems to be in violation of these GTC.

Due to the blocking or deletion of user accounts, the user shall not incur any claims for damages, indemnification or reimbursement.

The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

Content available through this application

Unless otherwise stated or clearly identifiable, all content available through this application is owned and provided by the provider or its licensors.

The provider makes every effort to exclude that the content provided via this application violates applicable legislation or third party rights. However, it is not always possible to achieve this result.
In such cases, users are requested to preferably address their complaint to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.

Rights to the content available through this application

All rights to the content are reserved by the provider.

Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the service.

In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer to or license to third parties, or enable third parties - even without the user's knowledge - to perform said actions via their own device.

To the extent expressly indicated through this Application, the User may download, reproduce and/or distribute selected Content available through this Application for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the Provider are properly affixed.

Statutory limits or exceptions remain unaffected.

User content

Users have the ability to upload, share or provide their own content on this application.

By uploading, sharing or providing their content as described, users represent that they are authorized to do so and that they are not violating any laws or third party rights.

Details of permitted content are set out in the relevant section of these GTC.

Rights to content from users

By uploading their own content to this application, users grant the provider a non-exclusive and royalty-free right to use and process the content in order to operate and maintain this application as contractually provided.

To the extent permitted by law, users waive the exercise of any moral rights in connection with content submitted to this application.

Access to content from users

Content that users make available through this application is made available under the terms described in this section.

Private content

Content uploaded as "private" will neither be made accessible to third parties nor passed on to third parties without the express consent of the user.

For further information on how access to content is regulated in individual cases, please refer to this application.

Access to external resources

Users may be able to access external resources provided by third parties through this application. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
The terms and conditions under which such resources provided by third parties are available and under which rights of use to such content, if any, are granted shall be governed by each third party's contractual terms or, in the alternative, by applicable law.

Permitted use

This application and the service may only be used as intended and in accordance with these GTC as well as in accordance with the respective applicable legal regulations.

Users are responsible for ensuring that their access to this application and/or use of the Service does not violate any laws, regulations or third party rights.

Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying Users access to this Application or the Service, terminating contracts, reporting objectionable acts taking place through this Application or the Service to the competent authorities - such as judicial or administrative authorities - if Users demonstrably or allegedly violate legal provisions, regulations, third party rights and/or these TOS, for example (but not limited to):

Rules of conduct

• Pretend to meet any conditions or requirements for accessing this Application and/or using the Services, such as being of legal age or acting as a consumer;
• conceal their identity or use the identity of another, or pretend to be a third party or represent a third party, unless permitted to do so by that third party;
• Manipulate identifiers to disguise or otherwise hide the origin of their messages or the content provided;
• disseminate statements that are harmful to the company's reputation, act in an abusive, harassing or threatening manner, or endanger or violate the rights of third parties in any other way;
• Support actions that may endanger the life of the user or other users or result in bodily harm. This includes, but is not limited to, suicide threats or solicitations, intentional bodily harm, the use of illegal drugs, or excessive alcohol consumption. Under no circumstances are users allowed to post content through this application that supports and/or advocates and/or displays self-destructive or violent behavior;
• scan, scan or test this Application, the Service or networks connected to the Website for vulnerabilities or bypass related security and authentication measures.
• Install, integrate, upload, or otherwise distribute malware in or through this application;
• Use this Application or the technical infrastructure in an abusive, excessive or otherwise inappropriate manner (e.g., for spamming purposes);
• attempt to modify or tamper with the technical infrastructure in any way that could damage or overburden this Application or the Service;

Excessive use of the service

• Excessively use this Application or resources thereof in relation to other Users - in such cases, the Provider additionally reserves the right, at its sole discretion, to suspend or restrict the User's account until the User ceases excessive consumption;

Excessive use of the API

• send abusive or excessive requests to the Service via the API. The Provider shall determine under what conditions abusive or excessive use of the API exists and reserves the right to temporarily or permanently deny Users access to the API. In such cases, the Provider will do what is reasonable to inform the User of the impending block.

Scraping

• use any automated process to extract, collect or gather information, data and/or content on the Service (this Application) and any related digital applications, unless expressly permitted by Provider;

Content restrictions

• distribute or publish illegal, immoral, libellous or inappropriate content;
• Publish content that directly or indirectly glorifies or promotes hatred, racism, discrimination, pornography or violence;
• Disseminate or publish false content that may cause unfounded alarm;
• use this application to publish, distribute or otherwise make available content to which third party intellectual property rights (in particular patent, trademark or copyright) exist without the consent of the respective rights holder;
• use this application to publish, distribute or otherwise make available content that violates the rights of third parties (in particular state, military, trade or business secrets or the protection of personal data);
• Publish content or take any action that disrupts, interrupts, impairs or otherwise violates this Application or the integrity of the user's equipment or user experience. Such actions include: spamming, distributing unsolicited advertisements, phishing, fraud, distributing malware or viruses, etc.;

Protection of other users

• make other people's user accounts their own;
• collect or gather personal information about other users, such as email addresses or contact information, by circumventing the privacy settings of other users' accounts or through other means;
• Use information about other users, including personal or contact information, for purposes other than those for which this application is intended;

"Invite friends"

Through this application, users have the opportunity to receive benefits when, based on their recommendation, a new user purchases a product offered through this application.
For the relevant terms and conditions, please refer to this application.

The Provider reserves the right to terminate the Offer at any time and at its sole discretion.

Software license

All rights to the software or the technical solutions on which this application is based, or which are embedded in, integrated into or connected with it, are the exclusive property of the Provider and/or its licensors.

Subject to the condition that the User complies with these GTC and notwithstanding any deviating provisions of these GTC, the Provider grants the User only a freely revocable, non-exclusive, non-sublicensable and non-transferable right to use the Software and/or other solutions integrated into the Service within the scope and for the purposes of the intended use of the Service offered.

In particular, users are not granted any right to access the source code or to use or pass on the source code. Rights to all processes, algorithms and technical solutions contained or integrated in the software and all associated documentation are the exclusive property of the provider or its licensors.

All grants of rights and licenses shall automatically lapse upon termination of the agreement - for whatever reason.

API Terms of Use

Users may access their data related to this Application through the API interface (API). Any use of the API, including use of the API through a third party product/service, is subject to these TOS and the following additional terms:

• The User acknowledges and expressly accepts that the Provider shall not be liable for any damages or losses resulting from the User's use of the API or the use of any third party products/services that access data through the API.

TERMS OF SALE

Chargeable products

Some of the products available through this application as part of the service are subject to a fee.

Prices, terms and other conditions applicable to the purchase of such products are described below. In all other respects, reference is made to this application and to the respective sections provided therefor.

To make a purchase, users must register or log in through an existing user account.

Product description

Prices, descriptions and availability of the products can be viewed in the appropriate areas through this application and are subject to change without notice.

Although products are represented through this application with the greatest possible technical care, representations of any kind (including graphic representations, images, colors, sounds) are for reference only and do not constitute a warranty as to the characteristics of the purchased product.

The features of the selected product will be explained during the purchase process.

Order task

When the user places an order, the following applies:

• Upon placing the order, the contract is concluded. Placing the order therefore creates the obligation for the user to pay the purchase price, taxes and any other fees and expenses according to the information on the order page.
• If information on the part of the user is required, such as personal information or data, specifications or special requests, the placing of the order shall constitute an obligation on the part of the user to cooperate accordingly.
• After placing the order, users will receive a confirmation of receipt.

All notifications related to the described purchase process will be sent to the e-mail address provided by the user for this purpose.

Prices

Users will be informed of all fees, taxes and charges (including any shipping charges) to be paid by them during the checkout process and before placing the order.

The prices are displayed via this application as follows:

• either exclusive or inclusive of all applicable fees, taxes and charges, depending on which section the user is currently in.

Offers and discounts

The Provider may offer discounts or special offers for the purchase of Products. Such offers and discounts are always subject to the terms and conditions that this Application lists in the relevant section.

Offers and discounts are always granted at the sole discretion of the provider.

Repeated or recurring offers or discounts do not create any claims/titles or rights that users may assert in the future.

Depending on the case, discounts or offers are valid only for a limited period of time or while stocks last. If an offer or discount is limited in time, the time information refers to the time zone of the provider, unless otherwise stated. This can be found in the corresponding information of the provider in this document.

Coupons

Offers or discounts may be based on coupons.

In the event of a breach of the conditions applicable to coupons, the Provider may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or different rules for the use of the Coupons found on the relevant information page or the Coupon itself shall always prevail.

Unless otherwise specified, the following rules apply to the use of coupons:

• Each coupon is valid only if used in the manner and within the time period specified on the website and/or in the coupon;
• A coupon can only be used in full and at the time of purchase - partial use is not permitted;
• Unless otherwise specified, single-use coupons may only be used once per purchase and therefore may only be used once for installment purchases;
• Coupons cannot be used cumulatively;
• The coupon can be redeemed exclusively within the period specified in the offer. After this period, the coupon expires automatically and excludes any possibility of exercising the rights arising from the coupon, including a payout.
• The user is not entitled to a credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
• The Coupon is intended solely for non-commercial use. Any reproduction, imitation and commercial trading of the Coupon is prohibited, as well as any illegal activities related to the purchase and/or use of the Coupon.

Payment methods

Information on accepted payment methods will be provided during the checkout process.

Some payment methods may only be available against additional conditions or fees. In these cases, you can find the relevant information in the relevant section of the service (this application).

All payments are processed via third-party providers. Therefore, this application does not collect any payment information - such as credit card details - but only receives a notification when the payment is successfully completed.

If the payment through the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfill the order. If a payment fails or is rejected, the Provider reserves the right to claim all related costs or damages from the User.

Authorization for future PayPal payments

When users authorize the PayPal feature that enables future purchases, this application stores an identification code that is linked to the users' PayPal account. This authorizes this application to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the provider or by changing the user settings at PayPal.

Maintenance of the rights of use

Users do not acquire any rights to use the purchased product until the full purchase price has been received by the Provider.

Delivery

Provision of services

The purchased service shall be provided or made available within the time period specified via this application, or as notified prior to the placement of the order.

Contract period

Subscriptions

Subscriptions allow users to receive a product continuously or regularly over a period of time. Details on the type of subscription and how to cancel are listed below.

Subscriptions with fixed term

Paid subscriptions with a fixed term begin on the day payment is received by the provider and have the term selected by the user or specified when the order is placed.

After the subscription period expires, the product is no longer accessible.

Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed using the payment method selected by the user at the time of purchase.

The renewed subscription is valid for the same term as the original subscription.

Cancellation

Subscriptions may be terminated by sending a clear and unambiguous notice of termination to the Provider. For this purpose, users shall use the contact details provided in this document, or - if possible - the corresponding controls provided via this application.

If the cancellation letter is received by the provider at least 7 days before the subscription is due to be renewed, the cancellation will take effect at the end of the current term.

Exemption for consumers resident in Germany

Notwithstanding the foregoing, however, the following shall apply if the User is a resident of Germany and qualifies as a consumer:

After the initial term expires, the subscription is automatically renewed for an unlimited period of time, unless the user cancels at least 7 days before the end of this term.

The fee due at the time of renewal will be charged via the payment method selected by the user at the time of purchase.

After renewal, the subscription runs indefinitely and can be canceled monthly.

The user will receive a reminder of the upcoming indefinite renewal with reasonable advance notice. This includes instructions on how to prevent the renewal or how to cancel the subscription retrospectively.

Cancellation

Renewed subscriptions may be terminated at any time by sending a clear and unambiguous notice of termination to the Provider. For this purpose, users shall use the contact details provided in this document, or - if possible - the corresponding controls provided via this application.

If the cancellation letter is received by the provider by the end of the current month, the subscription will expire at the end of the month in question.

User rights

Right of withdrawal

Unless there are exceptions, the user may revoke the contract within the period specified below (usually 14 days) without giving any reason. In this section, users can learn more about the terms of withdrawal.

For whom the right of withdrawal applies

Under EU law, European consumers have a statutory right of withdrawal from contracts concluded online (distance contracts). They may withdraw from the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.

For users who are not acting as European consumers, the rights set forth in this section do not apply.

Exercise of the right of withdrawal

In order to exercise his right of withdrawal, the User must send the Provider an unambiguous declaration stating his decision to withdraw.

For this purpose, users may use the model withdrawal form provided in the "Definitions" section of this document. However, users are free to express their revocation decision by means of an unambiguous declaration in another, suitable manner. In order to meet the deadline for exercising this right, the user must send the withdrawal notice before the end of the withdrawal period.

When does the withdrawal period expire?

• When purchasing a service, the withdrawal period ends 14 days after the conclusion of the contract, unless the user has waived the right of withdrawal.

Effects of revocation

Users who duly revoke a contract will be refunded all payments made to the supplier, including delivery costs, if applicable.

However, the Provider shall not be obliged to reimburse additional costs if the User has opted for a type of delivery other than the cheapest standard delivery offered by the Provider.

The refund shall be made without undue delay, but no later than 14 days after the day on which the provider is informed of the user's decision to revoke the contract. The Provider shall make the refund using the same means of payment that the User used in the original transaction, unless expressly agreed otherwise with the User. In any case, the User shall not incur any costs or fees as a result of the refund.

...for service contracts

If a User exercises the right of withdrawal after having requested the performance of the service before the expiry of the withdrawal period, the User shall pay the Provider an amount proportionate to the part of the service performed.

This amount shall be calculated on the basis of the total contractually agreed price and shall be proportionate to what has been provided up to the time of revocation compared to the total scope of the contractually agreed services.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the "definitions" section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?

• Regarding the purchase of a service, the cancellation period expires 14 days after the day that the contract is entered into, unless the User has waived the right to cancel.

Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

...ON THE PURCHASE OF SERVICES

Where a User exercises the right to cancel after having requested that the service be performed before the cancellation period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

Direitos do Usuário brasileiro

Direito de arrependimento

Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão o direito legal de arrependimento de acordo com a legislação brasileira. Isto significa que o Consumidor tem o direito de rescindir os contratos online (contratos à distância ou celebrados fora do estabelecimento comercial) por qualquer motivo e sem justificativa, no prazo de 7 (sete) dias a contar da data da celebração do contrato ou do recebimento do produto ou serviço. Usuários que não se qualificam como Consumidores não podem se beneficiar dos direitos estabelecidos nesta seção. O direito de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contato indicados no início deste documento e de acordo com as orientações desta seção.

Exercício do direito de arrependimento

Para exercer o direito de arrependimento, os Usuários devem enviar ao Proprietário uma declaração inequívoca de sua intenção de rescindir o contrato. Para tanto, os Usuários poderão utilizar o modelo de formulário de rescisão disponível na seção "definições" deste documento. No entanto, os usuários são livres para expressar sua vontade de rescindir o contrato através de uma declaração inequívoca por qualquer via adequada. Para respeitar o prazo estabelecido para o exercício de tal direito, os Usuários devem enviar o aviso de arrependimento antes do fim do prazo. Quando termina o prazo de arrependimento?

• Em relação à aquisição de um serviço, o prazo de arrependimento é de 7 (sete) dias após a data da celebração do contrato, e somente se o serviço ainda não tiver sido prestado.

Efeitos do arrependimento

Os Usuários que rescindirem corretamente um contrato serão reembolsados pelo Proprietário por todos os pagamentos feitos ao Proprietário, incluindo, se houver, aqueles que cobrem os custos de entrega.

No entanto, não serão reembolsados quaisquer custos adicionais resultantes da escolha de um método de entrega específico que não seja o tipo de entrega padrão mais barato oferecido pelo Proprietário.

Este reembolso será realizado sem demora injustificada e no prazo máximo de 14 (catorze) dias, a contar do dia em que o Proprietário foi informado da decisão do Usuário de rescindir o contrato ou da devolução efetiva do produto, o que ocorrer por último. Salvo se acordado de outra forma com o Usuário, os reembolsos serão efetuados por meio do mesmo método de pagamento utilizado para processar a transação inicial. O Usuário não incorrerá em quaisquer custos ou taxas em razão de tal reembolso.

...NA COMPRA DE SERVIÇOS

Quando o Usuário exerce o direito de arrependimento após a solicitação da execução do serviço, mesmo antes do fim do período de arrependimento, o Usuário deverá pagar ao Proprietário uma quantia que seja proporcional à parte do serviço prestado.

Tal pagamento será calculado com base no valor contratualmente acordado, e será proporcional à parte do serviço prestado até o momento em que o Usuário cancelar o serviço.

Guarantees

Garantia legal de conformidade de serviços para Consumidores no Brasil

A garantia legal aplicada aos serviços comercializados por this application obedece aos seguintes termos, de acordo com o Código de Defesa do Consumidor:

• os serviços não duráveis terão garantia de 30 (trinta) dias; e
• os serviços duráveis terão garantia de 90 (noventa) dias.

O período de garantia se inicia ao final da prestação dos serviços.

A garantia não é cabível em casos de uso indevido do serviço, eventos naturais ou se o serviço tiver sido submetido a qualquer assistência técnica diferente da fornecida por this application.
A garantia pode ser acionada através dos canais de contato fornecidos por this application.
Caso necessário, o Proprietário arcará com os custos do envio de qualquer produto para avaliação técnica.
O Proprietário, a seu critério, também poderá fornecer uma garantia contratual além da garantia legal.
As normas aplicáveis às garantias contratuais podem ser encontradas nas especificações fornecidas por diese Anwendung. Se tais informações não forem fornecidas, apenas as disposições legais serão aplicadas.

Customer services

Users who have purchased products through @{this application} may avail themselves of customer service related to their purchase free of charge throughout the warranty period by contacting the provider using the contact details provided in this document.

Liability and compensation

Unless otherwise expressly stated or agreed with the Users, the Provider's liability for damages in connection with the performance of the Agreement is excluded, limited and/or restricted to the extent permitted by applicable law.

Compensation

To the extent permitted by applicable law, User agrees to indemnify and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from any claim or demand, including but not limited to attorneys' fees and costs, made by any third party asserted on the basis of or in connection with any culpable violation of these TOS, third party rights or statutory provisions in connection with the use of the Service by User or its aides, officers, directors, agents, co-branders, partners and employees.

Limitation of liability

Unless expressly stated otherwise and without prejudice to the applicable legal provisions, Users shall have no right to claim damages against the Provider (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity as well as damages due to the violation of essential contractual obligations, such as an obligation that is absolutely necessary to achieve the purpose of the contract and/or damages due to intent or gross negligence, provided that this application was used properly and correctly by the user.

Unless damages are caused intentionally or by gross negligence or affect life, health or physical integrity, the provider is liable only to the extent of typical and foreseeable damages at the time of conclusion of the contract.

In particular, the provider is not liable within the aforementioned limits for:

• any losses, unless they are the direct result of the Provider's violation of the GTC;

• any loss of business opportunities and any other loss, even indirect, that the User may incur (such as loss of trade, loss of sales, loss of income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

• Damages or losses resulting from interruptions or malfunctions of the Service (this Application) when such interruptions or malfunctions are due to force majeure or unforeseen and unforeseeable events and are independent of the will and beyond the control of the Provider, such as, but not limited to, failures or interruptions of telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of third party products, services or applications;

• any damage, harm or loss caused by viruses or other malware contained in or associated with files available for download from the Internet or through this application. Users are responsible for employing sufficient security measures - such as anti-virus programs - and firewalls to prevent such infection or attack, and for making backup copies of any data or information exchanged or uploaded through this application.

Regardless, the following restriction applies to all users who are not acting as consumers:

In any liability case, the compensation shall not exceed the total payments that the Provider has received, will receive, or would receive from the User under the Agreement over a 12-month period, or the term of the Agreement if shorter than 12 months.

Users in Australia

Limitation of liability

Warranties, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) are not affected in any way by the provisions of these TOS. The same applies to any similar mandatory national or territorial laws that give users indispensable rights. To the extent permitted by law, our liability to Users - including liability for breach of a mandatory right and any other liability not excluded by these T&Cs - shall be limited, in the reasonable discretion of the Provider, to supplementary performance or reimbursement of the costs incurred for the renewed provision of the Services.

Users in the USA

Disclaimer of warranty

This application is provided and made available solely on an "as is" and "as available" basis. Use of the service is at your own risk. Provider expressly disclaims all conditions, representations and warranties - express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement to the extent permitted by law. Any advice or information, whether oral or written, obtained by User from Provider or through the Service shall not create any warranty unless expressly stated.

Notwithstanding the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Content will be reliable, accurate or correct; that the Service will meet users' expectations; that the Service will be uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. All content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users are solely responsible for any damage to User's computer system or mobile device or loss of data that results from such download or User's use of the Service.

The Provider does not warrant or assume responsibility for, nor endorse, any products or services advertised or offered by third parties through the Service or through any hyperlinked website or service. Transactions between Users and third party providers of products or services are neither mediated nor monitored by the Provider.

The Service may become inaccessible or may not function properly with the user's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation or use of this service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to users. This Agreement gives Users certain rights, while it may give Users other rights depending on the jurisdiction. The disclaimers, exclusions, and limitations of liability under the Agreement are void where prohibited by applicable law.

Limitation of liability

• To the fullest extent permitted by law, in no event shall Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for
• Any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data or other intangible losses arising in connection with the Service or its unavailability; and
• any damage or loss resulting from hacking, tampering or other unauthorized access or use of the Service or the User Account, and the information contained therein;
• any errors, mistakes or inaccuracies in the content;
• Personal injury or property damage of any kind arising from access to or use of the Service by the User;
• any unauthorized access to the Provider's backup servers and/or the personal information stored therein;
• any interruption or cessation of transmission to or through the Service;
• any bugs, viruses, Trojans or the like that may be transmitted to or through the Service;
• any errors or omissions in the content or for any loss or damage arising from the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
• the defamatory, offensive or illegal conduct of any user or third party. Any liability of Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, revenues, liabilities, obligations, damages, losses or costs shall be limited in amount to the amount paid under this Agreement by User to Provider in the preceding 12 months or, if less, over the entire term of this Agreement between Provider and User.

This limitation of liability applies to the fullest extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the user has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. These TOS give the user certain rights, while other rights may be available to the user depending on the jurisdiction. The exclusions, and limitations of liability under the TOS, if prohibited by applicable law, shall be ineffective.

Compensation

User agrees to indemnify, defend and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, but not limited to, legal fees and expenses, arising out of or in connection with

• the access to and use of the Service by the User, including any data or content transmitted or received by the User;
• the User's breach of these TOS, including but not limited to the User's breach of any of the representations and warranties contained in these TOS;
• the violation of third party rights by the user, including but not limited to personal rights or intellectual property rights;
• the violation of legal provisions, rules or regulations by the user;
• any content transmitted from the user account, including in case of access by third parties with the user name, password or other security measures of the user - if any - and including misleading, false or inaccurate information;
• the alleged misconduct of the user; or
• the violation of any legal provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent permitted by applicable law.

Common provisions

No waiver

Failure by the Provider to assert any right under these TOS or to enforce any provision hereof shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

In order to ensure the best possible service, the Provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform the users appropriately.

Within the scope of legal provisions, the Provider may also suspend or terminate the Service entirely. In the event of termination of the service, the provider will give users the opportunity to secure personal data or information in accordance with the applicable law and will take into account any claims of users for continued use and/or damages under the applicable law.

In addition, Service may be unavailable for reasons beyond the control of the Provider (so-called "force majeure" reasons) (e.g. infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this Application and Service in any way without the express prior written permission of Provider, granted either directly or through a lawful reseller program.

Privacy policy

For information about the use of their personal data, Users are referred to the Service's Privacy Policy (this Application), which hereby becomes part of these TOS.

Intellectual property rights

Notwithstanding any more specific provisions of these TOS, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Service (this Application) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

All trademarks, names or figurative marks - and any other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Application) are and shall remain the exclusive property of Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

Changes to these GTC

The Provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will inform the user appropriately about these changes.

Such changes shall only apply to the contractual relationship as of the date communicated to the user.

By continuing to use the service, the user accepts the amended GTC. If the users do not want to be bound by the changes, they must stop using the service and can terminate the contract.

If the revised terms and conditions are not accepted, either party may terminate the contract. For the relationship prior to the User's acceptance of the changes, the valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.

Exemption for consumers in France

Notwithstanding the above, any amendment to these GTC shall be notified in text form at least one month before it takes effect. If consumers in France do not accept the amended GTC, they may terminate the contract up to four months after the amended GTC take effect without incurring any disadvantages (e.g. penalties). Consumers are not entitled to compensation for damages as a result of the termination.

Assignment

The Provider reserves the right, taking into account the legitimate interests of the User, to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC.
The provisions on amendments to the GTC apply accordingly.

Users may not assign or transfer their rights or obligations under the GTC in any way without the Provider's written consent.

Contacts

All communications related to the use of the Service (this Application) must be sent to the contact information provided in this document.

Severability clause

If any provision of these TOS is or becomes invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any such invalid or unenforceable provisions shall be construed and amended to the extent necessary to make them valid, enforceable and consistent with their original intent. These TOS constitute the entire agreement between Users and the Provider relating to the subject matter hereof and shall prevail over any other communications between the parties relating to the same subject matter, including any prior agreements.
These TOS shall be enforced to the fullest extent permitted by law.

EU users

If any provision of these GTC is or is deemed to be invalid, or invalid or deemed to be invalid, the parties shall do their best to reach an agreement on valid and enforceable provisions in an amicable manner, thus replacing the invalid, void or unenforceable parts.
Otherwise, the invalid, void or unenforceable provisions shall be replaced by the applicable statutory provisions, if permitted or provided for under the applicable law.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of individual provisions of these GTC shall not result in the nullity of the entire agreement, unless such provisions are essential to the contract or of such importance that the parties would not have entered into the contract had they known of the invalidity of the provision. If the remaining terms would result in undue hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.

Authoritative version of these GTC

These GTC are created and revised in the following language: German. Other language versions of these GTC are provided for information purposes only. In case of discrepancies between different language versions, the original version shall always prevail.

Applicable law

These TOS shall be governed by the laws of the place where the Provider has its registered office, with the exception of conflict of law provisions. Users can find the indication of the registered office in the corresponding section of this document.

Primacy of national law

However, if the law of the country in which the user is located provides for a higher standard of consumer protection, that higher standard shall apply.

Exceção para Consumidores no Brasil

Se o Usuário se qualificar como um Consumidor Brasileiro e o produto e/ou serviço for comercializado no Brasil, será aplicada a legislação brasileira.

Jurisdiction

The courts of the place where the Provider has its registered office - as indicated in this document - shall have exclusive jurisdiction over any disputes arising out of or in connection with these GTC.

Exception for European consumers

This does not apply to users acting as European consumers, nor to users in the United Kingdom, Switzerland, Norway or Iceland acting as consumers.

Exceção para Consumidores no Brasil

O acima não se aplica a Usuários no Brasil que se qualifiquem como Consumidores.

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Status: 01.10.2023