These GTC apply to the use of and access to the Service, 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 encouraged to read this document carefully.

Although the contractual relationship associated with the Products is solely between User and Provider, in cases where this Application was obtained through the Apple App Store, User acknowledges and agrees that Apple may enforce these TOS as a third party beneficiary.
This application is offered by:

[email protected]

 

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. Such limitations of the scope of application shall be expressly referred to in each clause concerned. In the absence of such a reference, the clause shall apply to all users.

 

Terms of use

Unless otherwise stated, access to this application is subject to the terms and conditions set out in this section.
Individual or additional terms of use or access may apply in certain circumstances and in such cases are expressly stated in this document.
By using the Service, users agree to comply with the following terms and conditions:

> Users can be consumers or business customers;
> Users are not located in a country that is subject to a US government embargo or has been designated by the US government as a “terrorism supporting country”;
> Users are not on any US government list of unauthorised or restricted parties;

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 details 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 permitted.
> Unless otherwise stated, each user may only create 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:

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

However, the account can only be deleted after the subscription period paid by the user has expired.

Blocking and deletion of the user account

The Provider reserves the right to block or delete user accounts in the following cases at its own discretion at any time and without prior notice:

> The user has violated these GTC; and/or
> DThe User’s access to this Application or use of the Service may cause harm to the Provider, other Users or third parties; and/or
> The User’s use of the Service may violate any law or regulation; and/or
> in cases of prosecutorial investigations or other official proceedings and orders; and/or
> The Provider considers the content or use of the account to be inappropriate, offensive or in breach of contract at its sole discretion.

The blocking or deletion of the user account does not entitle the user to any claims for damages, indemnification or reimbursement.
The blocking or deletion of the user account 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 the property of the Provider and is provided by the Provider or its licensors.
The Provider makes every effort to ensure that the content made available via this application does not violate any applicable laws or the rights of third parties. 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 contents 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 the content to third parties, or enable third parties – even without the user’s knowledge – to perform the aforementioned 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 displayed.
This is without prejudice to any statutory limitations or exceptions.

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 warrant that they are authorised to do so and that they are not violating any legal provisions or the rights of third parties.
By uploading their own content to this application, users grant the provider a non-exclusive, spatially and temporally unlimited, royalty-free, irrevocable, sub-licensable and transferable right to access the content, as well as to use, store, reproduce, modify, change and distribute the content, reproduce, modify, distribute, publish, edit and transform as derivative works, broadcast, stream, transmit or otherwise exploit the Content for the purpose of providing the Service and promoting it in any media and in any manner.
To the extent permitted by law, Users waive the exercise of any moral rights in connection with Content submitted to this Application.
Users acknowledge, accept and confirm that all content they make available through this application is made available under the same general terms and conditions applicable to other content made available through this application.

Liability for user content

Users are responsible for content they upload to, post, share or make available through this application. Users acknowledge and accept,that the provider does not filter or moderate such content.
The Provider therefore reserves the right to remove, delete, block or correct such content at its sole discretion and to deny the uploading user access to this application without prior notice:

> if a complaint is received in connection with the uploaded content;
> if an infringement of exclusive property rights is indicated;
> on the basis of an official order; or
> if the provider is advised that the availability of the content via this application may adversely affect users, third parties and/or the availability of the service.

Due to the removal, deletion, blocking or correction of content, the user responsible for the content concerned shall not incur any claims for damages or reimbursement.
Users agree to indemnify the provider against any claims and/or damages arising from or in connection with content they make available through this application.

Removal of content from parts of this app, available through the App Store.

If the content complained about is deemed to be inadmissible, it will be removed within
24 hours and the responsible user will be denied access to the service.

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 to use such content, if any, are granted are governed by the contractual terms of each third party 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 themselves are responsible for ensuring that their access to this application and/or their use of the service does not violate any statutory provisions, 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 via this application or the service to the competent authorities – such as judicial or administrative authorities – if users can prove or are presumed to have committed such acts:

> violate statutory provisions, regulations or these GTC; or
> infringe the rights of third parties; or
> substantially prejudice the legitimate interests of the provider; or
> insult the provider or a third party.

Software licence

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, simple, non-sublicensable and non-transferable right to use the software and/or other solutions integrated in the service within the scope of 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 exclusively vested in the provider or its licensors.
All grants of rights and licences shall automatically lapse upon termination of the Agreement for any reason whatsoever.

API/SDK/Protocols Terms of Use

Users can access their data relating to this application via the interface (API/SDK/Bluetooth). Any use of the Interfaces, including use of the Interfaces through a third party product/service, is subject to these TOS and the following additional terms and conditions:
> The User acknowledges and expressly accepts that the Provider shall not be liable for any damage or loss resulting from the User’s use of the Interface or the use of any third party products/services accessing data through the Interface.

 

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 relevant sections provided for that purpose.

Product description

Prices, descriptions and availability of the products can be viewed in the relevant areas via this application and are subject to change without notice.
Although products are presented through this application with the greatest possible technical care, representations of any kind (including graphic representations, images, colours, sounds) are for reference only and do not constitute a guarantee as to the characteristics of the product purchased.
The characteristics of the selected product will be explained during the purchase process.
The product offers are non-binding. In order to complete the purchase, users must place a binding order. Only when this is accepted does the contract come into effect.

Purchase process

All steps from selecting a product to placing the order are part of the purchase process.
The purchase process includes the following steps:

> The user selects the desired product from the range and checks his own product selection
> After checking the details of the product selection, the user can place the order by submitting it to the supplier.

Handling user data and contacting

Personal and institutional details are stored by vigram and may be used for advertising purposes and notification of innovations. This applies to all vigram products, programmes and services.

Place an order

When the user places an order, the following applies:

> Each order placed constitutes an offer to purchase. Placing the order creates an obligation for the user to pay the price, taxes and any other fees and expenses as indicated on the order page.
> If the purchased product requires the active input of information, 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. Unless otherwise stated, this does not constitute acceptance of the order.

Acceptance of the order

> Unless the confirmation of receipt expressly includes acceptance of the order, the purchase contract is concluded when the user receives the order acceptance.
> Subject to availability and at the discretion of the provider, the order will be accepted without delay.
> If the order is not accepted, the provider will make a
refund.

The rejection of an order does not entitle the user to assert any claims, including damages, against the provider.
All notifications in connection with the purchase process described 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 borne by them during the checkout process and before placing the order.
Prices are displayed via this application as follows:

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

Payment methods

Information on accepted payment methods will be provided during the checkout process.
Some payment methods may only be available subject to additional conditions or fees. In these cases, you will find the relevant information in the relevant section of the service (this application).
Payment methods that are handled by the provider itself are marked accordingly. In this case, the provider collects and stores the data required for the payment processing and fulfilment of the associated legal obligations. The user can read the privacy policy of the service (this application) to learn more about data processing and their rights regarding their own data.
Other payment methods, if any, are managed through third party services. In such cases, this application does not collect any payment data – e.g. credit card data – but only receives a message from the third party service provider concerned once the payment has been successfully made.
If the payment via the available methods fails, the provider is not obliged to fulfil the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.

Purchase via the App Store

This application or certain products sold through this application must be purchased through a third-party app store. To do so, users must follow the instructions of the relevant online shop (e.g. “Apple App Store” or “Google Play”), which may vary depending on the device used.
Unless otherwise stated, purchases via third-party online shops are also subject to the general terms and conditions of these third-party providers, which always take precedence over these T&Cs in the event of discrepancies or conflicts.
Users who purchase through such third-party online shops must therefore carefully read and accept these Terms and Conditions.

Retention of title

The ordered products shall only become the property of the user upon receipt of payment of the full purchase price by the supplier.

Maintenance of the rights of use

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

Shipping

Deliveries will be made to the address provided by the user and in the manner specified in the order summary.
Upon delivery, the user must check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if there is visible damage.
This application describes in the relevant section the countries or territories to which the goods will be delivered.
This application also describes the relevant delivery times, or alternatively these can be specified during the purchase process.
Unless otherwise specified in this application or agreed with users, products will be delivered within thirty (30) days of purchase.
For users who are not acting as consumers, the following applies:
This Application describes in the relevant section the terms and time period at which deliveries will be made.
Unless otherwise stated, the user shall bear the shipping costs.
The risk of loss or damage to the goods shall pass to the user upon delivery to the carrier.
The user may opt for insured shipping for an additional fee. The relevant conditions and the risks covered can be found in the insurance policy.

Unsuccessful shipment

The provider or seller is not liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the user, nor for damage or delays after handover to the carrier if the carrier has been commissioned by the user.
If the goods have not been received at the specified time or collected within the specified period, the goods will be returned to the provider or the respective seller. In this case, the provider or the respective seller will contact the user to arrange a second delivery attempt or to discuss the further procedure.
Unless otherwise agreed, the user shall also bear the costs for each further delivery attempt from the second delivery attempt onwards.
For users who are not acting as consumers, the following rules on unsuccessful deliveries apply. These replace the above rules.
The provider or seller is not liable for any error, delay (including where the user fails to collect the goods within the time limit set by the provider or carrier), damage or loss of the goods after delivery to the carrier. If the goods are returned to the supplier or seller as a result of an unsuccessful attempt to deliver the goods, the user shall bear the costs of the resulting storage and shipping. The user must also, after agreeing reasonable collection times and conditions with the supplier or seller, arrange a new delivery attempt at his own expense.
If the user fails to do so, the provider or seller may, at its discretion, withdraw from the contract or arrange for a new delivery at the user’s expense.
In both cases, the provider or seller reserves the right to compensation for the damage caused by the unsuccessful delivery attempt.

Provision of digital content

Unless otherwise stated, digital content purchased through this application is transferred by download to the devices chosen by users.
Users acknowledge and accept that the device(s) intended to download and/or use the Product and the respective software (including operating systems) must be legal, in common use, up-to-date and in compliance with current market standards.
Users acknowledge and accept that the ability to download the purchased product may be limited in time and space.

 

 

Contract period

 

Test phase

Users expressly do not have the option to take advantage of a free test phase. The provider offers special conditions exclusively for scientific work. In any case, the provider is entitled to the transfer of all results. The results may also be used by the provider for advertising or scientific purposes without further naming.

Subscriptions

Subscriptions allow users to receive a product continuously or regularly over a period of time.
Paid subscriptions begin on the day payment is received by the provider.
To maintain subscriptions, users must pay the required recurring fee on time. Failure to do so may result in interruptions to the service.

Subscriptions via Apple ID

Users may subscribe to a product with the Apple ID associated with their Apple App Store account by using the process provided through this application. In doing so, the user acknowledges and accepts that

> his Apple ID account is debited with each payment due;
> subscriptions are automatically renewed for the same term unless the user cancels at least 24 hours before the end of the current term;
> any fees or payments due for renewal will be charged within 24 hours before the end of the current term;
> subscriptions can be managed or cancelled in the user’s Apple App Store account settings;
The foregoing provisions shall prevail over any conflicting or differing provisions of these TOS.

Cancellation of unlimited subscriptions

Unlimited subscriptions can be terminated at any time by a clear and unambiguous declaration of termination to the provider. For this purpose, users shall use the contact details provided in this document.
Cancellations become effective 30 days after receipt of the cancellation letter by the provider.

User rights

Right of cancellation

Unless there are exceptions, the user can withdraw from the contract within the period specified below (usually 14 days) without giving any reason. In this section, users can find out more about the cancellation conditions.
The right of withdrawal does not apply to this application.
Users acknowledge and accept that, due to the nature of the offer, the right of withdrawal does not apply to contracts concluded through this application.

Warranties

 

Legal warranty law

Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Traders must therefore ensure that the goods purchased are of the quality, functioning or characteristics promised or reasonably expected for at least two years after delivery to the buyer.
For users acting as European consumers, the statutory warranty law applies to goods available through this application in accordance with the laws of the country of their habitual residence. The national laws of these countries may grant users more extensive rights.

In particular, consumers residing in France can claim warranty rights within two years after delivery of the goods without having to prove the lack or defect of the goods. The period during which consumers are not obliged to prove the defect is six months for used goods.
Under French consumer protection law, consumers can choose between replacement and repair of the defective goods when exercising warranty rights.

This statutory right of withdrawal applies irrespective of any commercial guarantee given by the supplier. Consumers can also exercise their warranty rights for hidden defects and withdraw from the contract or demand a reduction in the purchase price in accordance with the relevant provisions of the French Civil Code.

For users who are not acting as European consumers, the warranty rights of the country in which they have their habitual residence apply.

Extension of the scope to all users

The provider contractually extends the warranty rights applicable in the country of its registered office to all users. If users are entitled to more extensive warranty rights under the legal provisions applicable to them, these shall remain unaffected.
We hereby also draw attention to the reversal of evidence after 6 months and therefore offer product registration.

Money-back guarantee

Without prejudice to the applicable legal provisions from time to time, the supplier grants users the right to withdraw from a purchase with which the buyer is not technically satisfied and to receive a refund. The return period ends automatically 30 days after delivery. Goods received by the manufacturer in Germany.
For further information on this money-back guarantee, please refer to this application and the relevant section. Further, additional and special supplements to this apply to specific products.

 

Liability and compensation

 

Users in Australia

Limitation of liability

Any 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 which confer indispensable rights on users. 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 in providing the Services again.

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. The 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 fullest extent permitted by law. Any advice or information, whether oral or written, obtained by the User from the Provider or through the Service shall not create any warranty unless expressly stated.
Notwithstanding the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents,
co-branders, partners, suppliers and employees do not warrant that the Content will be reliable, precise or accurate; 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 the user’s own risk. Users are solely responsible for any damage to the User’s computer system or mobile device or loss of data that results from such download or use of the Service by the User.

The Provider does not warrant or assume any responsibility for, nor endorse, any products or services advertised or offered by any third party through the Service or any hyperlinked website or service. Transactions between users and third party providers of products or services are neither facilitated 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 shall not be liable for any perceived or actual damages arising out of 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 specific legal rights, and users may have other rights depending on the jurisdiction. The 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, the Vendor and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees shall not be liable in any event for
> any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of 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 unauthorised 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 unauthorised 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 similar 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 via the Service; and/or
> the defamatory, offensive or illegal conduct of any user or third party. Any liability of the 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 to the amount paid under this Agreement by the User to the Provider in the preceding 12 months or, if less, over the entire term of this Agreement between the Provider and the 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 provider 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 limitations or exclusions may not apply to the User. 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 are void where prohibited by applicable law.

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 infringement of third party rights by the user, including but not limited to personal rights or intellectual property rights;
> the violation of legal regulations, rules or ordinances by the user;
> any content transmitted from the user account, including in the event of access by third parties using 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 breach of any provision of law 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 enforce any right under these T&Cs or to enforce any provision under these T&Cs shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

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 limits of the law, the provider may also decide to suspend or terminate the service altogether. In the event of termination of the Service, the Provider will cooperate with Users to enable them to delete personal data or information in accordance with applicable law.
In addition, the Service may be unavailable for reasons beyond the Provider’s control, such as “force majeure” (e.g. industrial action, infrastructure failure or power outage, 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 privacy policy of the Service (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, in connection with 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, 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 the Provider or its licensors and are protected by applicable intellectual property laws and international treaties.

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 will only affect the relationship with the user for the future.
By continuing to use the service, the user accepts the amended GTC. If users do not wish to be bound by the changes, they must cease using the service. If the revised terms are not accepted, either party may terminate the contract.
For the relationship prior to the acceptance of the changes by the user, the respective valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.
If required by the applicable law, the Provider shall specify the date from which the amended GTC shall apply.

Assignment of rights and obligations

The Provider reserves the right to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC, taking into account the legitimate interests of the User.
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 relating to the use of the Service (this Application) must be sent to the contact details provided in this document.

Salvatory clause

If any provision of these T&Cs is or becomes invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any such invalid or unenforceable provision shall be construed and amended to be valid, enforceable and consistent with the 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 T&C is or is deemed to be invalid, or invalid or deemed to be invalid, the parties will use their best efforts to reach an agreement on valid and enforceable provisions in an amicable manner to replace 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 invalidity, voidness or unenforceability of any provision of these GTC shall not invalidate the entire agreement, unless the provision is material 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 drawn up and revised in the following language: German. Other language versions of these GTC are provided for information purposes only. In the event of discrepancies between different language versions, the original version shall always prevail.

Applicable law

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

Exemption for European consumers

Notwithstanding the above, users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection shall be subject to that higher standard.

Place of jurisdiction

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

Exemption for European consumers

This does not apply to users who act as European consumers or to users who act as consumers and have their (residence) in Switzerland, Norway or Iceland.

Consumers in the United Kingdom

Consumers resident in England and Wales may bring claims in connection with these T&Cs in the courts of England and Wales. Consumers resident in Scotland may bring claims in connection with these T&Cs in the courts of Scotland or England. Consumers resident in Northern Ireland may bring claims in connection with these T&Cs in the courts of Northern Ireland and England.

Users in the USA

Each party specifically waives the right to choose trial by jury in all courts and for all claims and disputes. Claims under these GTC must be brought individually. The parties waive the right to join any class action or other proceeding.

 

Users in the USA

 

Continuing provisions

This Agreement shall remain in force until terminated by this Application or by the User. In the event of termination, such provisions which, in view of the context, are intended to remain effective after termination or expiry shall continue to apply. These include, but are not limited to:
> rights of use licensed to the user under these GTC shall continue to apply for an unlimited period;
> the user’s obligation to indemnify shall continue for a period of five years after termination;
> the disclaimer of warranty and the provisions in the section on indemnity and disclaimer of liability shall continue to apply indefinitely.

 

Dispute resolution

 

Amicable settlement of disputes

Users may address all disputes to the provider, who will attempt to settle them amicably. The user’s right to take legal action shall always remain unaffected. However, in the event of a dispute regarding the use of the Service (this Application) or the Service, the User is invited to contact the Provider using the contact details provided in this document.
The User may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the Provider’s email address provided in this document.
The Provider will promptly process the request within 21 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online Alternative Dispute Resolution platform, which is an out-of-court method for resolving all disputes related to and arising from online sales and service contracts.
As a result, any European consumer can use this platform to resolve disputes arising from contracts concluded online.
The platform is available at the following link:https://ec.europa.eu

These GTC apply to the use of and access to the Service, 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 encouraged to read this document carefully.

Although the contractual relationship associated with the Products is solely between User and Provider, in cases where this Application was obtained through the Apple App Store, User acknowledges and agrees that Apple may enforce these TOS as a third party beneficiary.
This application is offered by:

Vigram GmbH

Jechtinger Straße 21

D 79111 Freiburg
[email protected]

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. Such limitations of the scope of application shall be expressly referred to in each clause concerned. In the absence of such a reference, the clause shall apply to all users.

Terms of use

Unless otherwise stated, access to this application is subject to the terms and conditions set out in this section.
Individual or additional terms of use or access may apply in certain circumstances and in such cases are expressly stated in this document.
By using the Service, users agree to comply with the following terms and conditions:

> Users can be consumers or business customers;
> Users are not located in a country that is subject to a US government embargo or has been designated by the US government as a “terrorism supporting country”;
> Users are not on any US government list of unauthorised or restricted parties;

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 details 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 permitted.
> Unless otherwise stated, each user may only create 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:

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

However, the account can only be deleted after the subscription period paid by the user has expired.

Blocking and deletion of the user account

The Provider reserves the right to block or delete user accounts in the following cases at its own discretion at any time and without prior notice:

> The user has violated these GTC; and/or
> DThe User’s access to this Application or use of the Service may cause harm to the Provider, other Users or third parties; and/or
> The User’s use of the Service may violate any law or regulation; and/or
> in cases of prosecutorial investigations or other official proceedings and orders; and/or
> The Provider considers the content or use of the account to be inappropriate, offensive or in breach of contract at its sole discretion.

The blocking or deletion of the user account does not entitle the user to any claims for damages, indemnification or reimbursement.
The blocking or deletion of the user account 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 the property of the Provider and is provided by the Provider or its licensors.
The Provider makes every effort to ensure that the content made available via this application does not violate any applicable laws or the rights of third parties. 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 contents 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 the content to third parties, or enable third parties – even without the user’s knowledge – to perform the aforementioned 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 displayed.
This is without prejudice to any statutory limitations or exceptions.

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 warrant that they are authorised to do so and that they are not violating any legal provisions or the rights of third parties.
By uploading their own content to this application, users grant the provider a non-exclusive, spatially and temporally unlimited, royalty-free, irrevocable, sub-licensable and transferable right to access the content, as well as to use, store, reproduce, modify, change and distribute the content, reproduce, modify, distribute, publish, edit and transform as derivative works, broadcast, stream, transmit or otherwise exploit the Content for the purpose of providing the Service and promoting it in any media and in any manner.
To the extent permitted by law, Users waive the exercise of any moral rights in connection with Content submitted to this Application.
Users acknowledge, accept and confirm that all content they make available through this application is made available under the same general terms and conditions applicable to other content made available through this application.

Liability for user content

Users are responsible for content they upload to, post, share or make available through this application. Users acknowledge and accept,that the provider does not filter or moderate such content.
The Provider therefore reserves the right to remove, delete, block or correct such content at its sole discretion and to deny the uploading user access to this application without prior notice:

> if a complaint is received in connection with the uploaded content;
> if an infringement of exclusive property rights is indicated;
> on the basis of an official order; or
> if the provider is advised that the availability of the content via this application may adversely affect users, third parties and/or the availability of the service.

Due to the removal, deletion, blocking or correction of content, the user responsible for the content concerned shall not incur any claims for damages or reimbursement.
Users agree to indemnify the provider against any claims and/or damages arising from or in connection with content they make available through this application.

Removal of content from parts of this app, available through the App Store.

If the content complained about is deemed to be inadmissible, it will be removed within
24 hours and the responsible user will be denied access to the service.

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 to use such content, if any, are granted are governed by the contractual terms of each third party 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 themselves are responsible for ensuring that their access to this application and/or their use of the service does not violate any statutory provisions, 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 via this application or the service to the competent authorities – such as judicial or administrative authorities – if users can prove or are presumed to have committed such acts:

> violate statutory provisions, regulations or these GTC; or
> infringe the rights of third parties; or
> substantially prejudice the legitimate interests of the provider; or
> insult the provider or a third party.

Software licence

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, simple, non-sublicensable and non-transferable right to use the software and/or other solutions integrated in the service within the scope of 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 exclusively vested in the provider or its licensors.
All grants of rights and licences shall automatically lapse upon termination of the Agreement for any reason whatsoever.

API/SDK/Protocols Terms of Use

Users can access their data relating to this application via the interface (API/SDK/Bluetooth). Any use of the Interfaces, including use of the Interfaces through a third party product/service, is subject to these TOS and the following additional terms and conditions:
> The User acknowledges and expressly accepts that the Provider shall not be liable for any damage or loss resulting from the User’s use of the Interface or the use of any third party products/services accessing data through the Interface.

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 relevant sections provided for that purpose.

Product description

Prices, descriptions and availability of the products can be viewed in the relevant areas via this application and are subject to change without notice.
Although products are presented through this application with the greatest possible technical care, representations of any kind (including graphic representations, images, colours, sounds) are for reference only and do not constitute a guarantee as to the characteristics of the product purchased.
The characteristics of the selected product will be explained during the purchase process.
The product offers are non-binding. In order to complete the purchase, users must place a binding order. Only when this is accepted does the contract come into effect.

Purchase process

All steps from selecting a product to placing the order are part of the purchase process.
The purchase process includes the following steps:

> The user selects the desired product from the range and checks his own product selection
> After checking the details of the product selection, the user can place the order by submitting it to the supplier.

Handling user data and contacting

Personal and institutional details are stored by vigram and may be used for advertising purposes and notification of innovations. This applies to all vigram products, programmes and services.

Place an order

When the user places an order, the following applies:

> Each order placed constitutes an offer to purchase. Placing the order creates an obligation for the user to pay the price, taxes and any other fees and expenses as indicated on the order page.
> If the purchased product requires the active input of information, 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. Unless otherwise stated, this does not constitute acceptance of the order.

Acceptance of the order

> Unless the confirmation of receipt expressly includes acceptance of the order, the purchase contract is concluded when the user receives the order acceptance.
> Subject to availability and at the discretion of the provider, the order will be accepted without delay.
> If the order is not accepted, the provider will make a
refund.

The rejection of an order does not entitle the user to assert any claims, including damages, against the provider.
All notifications in connection with the purchase process described 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 borne by them during the checkout process and before placing the order.
Prices are displayed via this application as follows:

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

Payment methods

Information on accepted payment methods will be provided during the checkout process.
Some payment methods may only be available subject to additional conditions or fees. In these cases, you will find the relevant information in the relevant section of the service (this application).
Payment methods that are handled by the provider itself are marked accordingly. In this case, the provider collects and stores the data required for the payment processing and fulfilment of the associated legal obligations. The user can read the privacy policy of the service (this application) to learn more about data processing and their rights regarding their own data.
Other payment methods, if any, are managed through third party services. In such cases, this application does not collect any payment data – e.g. credit card data – but only receives a message from the third party service provider concerned once the payment has been successfully made.
If the payment via the available methods fails, the provider is not obliged to fulfil the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.

Purchase via the App Store

This application or certain products sold through this application must be purchased through a third-party app store. To do so, users must follow the instructions of the relevant online shop (e.g. “Apple App Store” or “Google Play”), which may vary depending on the device used.
Unless otherwise stated, purchases via third-party online shops are also subject to the general terms and conditions of these third-party providers, which always take precedence over these T&Cs in the event of discrepancies or conflicts.
Users who purchase through such third-party online shops must therefore carefully read and accept these Terms and Conditions.

Retention of title

The ordered products shall only become the property of the user upon receipt of payment of the full purchase price by the supplier.

Maintenance of the rights of use

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

Shipping

Deliveries will be made to the address provided by the user and in the manner specified in the order summary.
Upon delivery, the user must check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if there is visible damage.
This application describes in the relevant section the countries or territories to which the goods will be delivered.
This application also describes the relevant delivery times, or alternatively these can be specified during the purchase process.
Unless otherwise specified in this application or agreed with users, products will be delivered within thirty (30) days of purchase.
For users who are not acting as consumers, the following applies:
This Application describes in the relevant section the terms and time period at which deliveries will be made.
Unless otherwise stated, the user shall bear the shipping costs.
The risk of loss or damage to the goods shall pass to the user upon delivery to the carrier.
The user may opt for insured shipping for an additional fee. The relevant conditions and the risks covered can be found in the insurance policy.

Unsuccessful shipment

The provider or seller is not liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the user, nor for damage or delays after handover to the carrier if the carrier has been commissioned by the user.
If the goods have not been received at the specified time or collected within the specified period, the goods will be returned to the provider or the respective seller. In this case, the provider or the respective seller will contact the user to arrange a second delivery attempt or to discuss the further procedure.
Unless otherwise agreed, the user shall also bear the costs for each further delivery attempt from the second delivery attempt onwards.
For users who are not acting as consumers, the following rules on unsuccessful deliveries apply. These replace the above rules.
The provider or seller is not liable for any error, delay (including where the user fails to collect the goods within the time limit set by the provider or carrier), damage or loss of the goods after delivery to the carrier. If the goods are returned to the supplier or seller as a result of an unsuccessful attempt to deliver the goods, the user shall bear the costs of the resulting storage and shipping. The user must also, after agreeing reasonable collection times and conditions with the supplier or seller, arrange a new delivery attempt at his own expense.
If the user fails to do so, the provider or seller may, at its discretion, withdraw from the contract or arrange for a new delivery at the user’s expense.
In both cases, the provider or seller reserves the right to compensation for the damage caused by the unsuccessful delivery attempt.

Provision of digital content

Unless otherwise stated, digital content purchased through this application is transferred by download to the devices chosen by users.
Users acknowledge and accept that the device(s) intended to download and/or use the Product and the respective software (including operating systems) must be legal, in common use, up-to-date and in compliance with current market standards.
Users acknowledge and accept that the ability to download the purchased product may be limited in time and space.

Contract period

Test phase

Users expressly do not have the option to take advantage of a free test phase. The provider offers special conditions exclusively for scientific work. In any case, the provider is entitled to the transfer of all results. The results may also be used by the provider for advertising or scientific purposes without further naming.

Subscriptions

Subscriptions allow users to receive a product continuously or regularly over a period of time.
Paid subscriptions begin on the day payment is received by the provider.
To maintain subscriptions, users must pay the required recurring fee on time. Failure to do so may result in interruptions to the service.

Subscriptions via Apple ID

Users may subscribe to a product with the Apple ID associated with their Apple App Store account by using the process provided through this application. In doing so, the user acknowledges and accepts that

> his Apple ID account is debited with each payment due;
> subscriptions are automatically renewed for the same term unless the user cancels at least 24 hours before the end of the current term;
> any fees or payments due for renewal will be charged within 24 hours before the end of the current term;
> subscriptions can be managed or cancelled in the user’s Apple App Store account settings;
The foregoing provisions shall prevail over any conflicting or differing provisions of these TOS.

Cancellation of unlimited subscriptions

Unlimited subscriptions can be terminated at any time by a clear and unambiguous declaration of termination to the provider. For this purpose, users shall use the contact details provided in this document.
Cancellations become effective 30 days after receipt of the cancellation letter by the provider.

User rights

Right of cancellation

Unless there are exceptions, the user can withdraw from the contract within the period specified below (usually 14 days) without giving any reason. In this section, users can find out more about the cancellation conditions.
The right of withdrawal does not apply to this application.
Users acknowledge and accept that, due to the nature of the offer, the right of withdrawal does not apply to contracts concluded through this application.

Warranties

Legal warranty law

Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Traders must therefore ensure that the goods purchased are of the quality, functioning or characteristics promised or reasonably expected for at least two years after delivery to the buyer.
For users acting as European consumers, the statutory warranty law applies to goods available through this application in accordance with the laws of the country of their habitual residence. The national laws of these countries may grant users more extensive rights.

In particular, consumers residing in France can claim warranty rights within two years after delivery of the goods without having to prove the lack or defect of the goods. The period during which consumers are not obliged to prove the defect is six months for used goods.
Under French consumer protection law, consumers can choose between replacement and repair of the defective goods when exercising warranty rights.

This statutory right of withdrawal applies irrespective of any commercial guarantee given by the supplier. Consumers can also exercise their warranty rights for hidden defects and withdraw from the contract or demand a reduction in the purchase price in accordance with the relevant provisions of the French Civil Code.

For users who are not acting as European consumers, the warranty rights of the country in which they have their habitual residence apply.

Extension of the scope to all users

The provider contractually extends the warranty rights applicable in the country of its registered office to all users. If users are entitled to more extensive warranty rights under the legal provisions applicable to them, these shall remain unaffected.
We hereby also draw attention to the reversal of evidence after 6 months and therefore offer product registration.

Money-back guarantee

Without prejudice to the applicable legal provisions from time to time, the supplier grants users the right to withdraw from a purchase with which the buyer is not technically satisfied and to receive a refund. The return period ends automatically 30 days after delivery. Goods received by the manufacturer in Germany.
For further information on this money-back guarantee, please refer to this application and the relevant section. Further, additional and special supplements to this apply to specific products.

Liability and compensation

Users in Australia

Limitation of liability

Any 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 which confer indispensable rights on users. 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 in providing the Services again.

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. The 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 fullest extent permitted by law. Any advice or information, whether oral or written, obtained by the User from the Provider or through the Service shall not create any warranty unless expressly stated.
Notwithstanding the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents,
co-branders, partners, suppliers and employees do not warrant that the Content will be reliable, precise or accurate; 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 the user’s own risk. Users are solely responsible for any damage to the User’s computer system or mobile device or loss of data that results from such download or use of the Service by the User.

The Provider does not warrant or assume any responsibility for, nor endorse, any products or services advertised or offered by any third party through the Service or any hyperlinked website or service. Transactions between users and third party providers of products or services are neither facilitated 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 shall not be liable for any perceived or actual damages arising out of 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 specific legal rights, and users may have other rights depending on the jurisdiction. The 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, the Vendor and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees shall not be liable in any event for
> any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of 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 unauthorised 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 unauthorised 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 similar 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 via the Service; and/or
> the defamatory, offensive or illegal conduct of any user or third party. Any liability of the 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 to the amount paid under this Agreement by the User to the Provider in the preceding 12 months or, if less, over the entire term of this Agreement between the Provider and the 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 provider 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 limitations or exclusions may not apply to the User. 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 are void where prohibited by applicable law.

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 infringement of third party rights by the user, including but not limited to personal rights or intellectual property rights;
> the violation of legal regulations, rules or ordinances by the user;
> any content transmitted from the user account, including in the event of access by third parties using 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 breach of any provision of law 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 enforce any right under these T&Cs or to enforce any provision under these T&Cs shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

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 limits of the law, the provider may also decide to suspend or terminate the service altogether. In the event of termination of the Service, the Provider will cooperate with Users to enable them to delete personal data or information in accordance with applicable law.
In addition, the Service may be unavailable for reasons beyond the Provider’s control, such as “force majeure” (e.g. industrial action, infrastructure failure or power outage, 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 privacy policy of the Service (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, in connection with 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, 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 the Provider or its licensors and are protected by applicable intellectual property laws and international treaties.

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 will only affect the relationship with the user for the future.
By continuing to use the service, the user accepts the amended GTC. If users do not wish to be bound by the changes, they must cease using the service. If the revised terms are not accepted, either party may terminate the contract.
For the relationship prior to the acceptance of the changes by the user, the respective valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.
If required by the applicable law, the Provider shall specify the date from which the amended GTC shall apply.

Assignment of rights and obligations

The Provider reserves the right to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC, taking into account the legitimate interests of the User.
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 relating to the use of the Service (this Application) must be sent to the contact details provided in this document.

Salvatory clause

If any provision of these T&Cs is or becomes invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any such invalid or unenforceable provision shall be construed and amended to be valid, enforceable and consistent with the 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 T&C is or is deemed to be invalid, or invalid or deemed to be invalid, the parties will use their best efforts to reach an agreement on valid and enforceable provisions in an amicable manner to replace 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 invalidity, voidness or unenforceability of any provision of these GTC shall not invalidate the entire agreement, unless the provision is material 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 drawn up and revised in the following language: German. Other language versions of these GTC are provided for information purposes only. In the event of discrepancies between different language versions, the original version shall always prevail.

Applicable law

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

Exemption for European consumers

Notwithstanding the above, users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection shall be subject to that higher standard.

Place of jurisdiction

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

Exemption for European consumers

This does not apply to users who act as European consumers or to users who act as consumers and have their (residence) in Switzerland, Norway or Iceland.

Consumers in the United Kingdom

Consumers resident in England and Wales may bring claims in connection with these T&Cs in the courts of England and Wales. Consumers resident in Scotland may bring claims in connection with these T&Cs in the courts of Scotland or England. Consumers resident in Northern Ireland may bring claims in connection with these T&Cs in the courts of Northern Ireland and England.

Users in the USA

Each party specifically waives the right to choose trial by jury in all courts and for all claims and disputes. Claims under these GTC must be brought individually. The parties waive the right to join any class action or other proceeding.

Users in the USA

Continuing provisions

This Agreement shall remain in force until terminated by this Application or by the User. In the event of termination, such provisions which, in view of the context, are intended to remain effective after termination or expiry shall continue to apply. These include, but are not limited to:
> rights of use licensed to the user under these GTC shall continue to apply for an unlimited period;
> the user’s obligation to indemnify shall continue for a period of five years after termination;
> the disclaimer of warranty and the provisions in the section on indemnity and disclaimer of liability shall continue to apply indefinitely.

Dispute resolution

Amicable settlement of disputes

Users may address all disputes to the provider, who will attempt to settle them amicably. The user’s right to take legal action shall always remain unaffected. However, in the event of a dispute regarding the use of the Service (this Application) or the Service, the User is invited to contact the Provider using the contact details provided in this document.
The User may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the Provider’s email address provided in this document.
The Provider will promptly process the request within 21 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online Alternative Dispute Resolution platform, which is an out-of-court method for resolving all disputes related to and arising from online sales and service contracts.
As a result, any European consumer can use this platform to resolve disputes arising from contracts concluded online.
The platform is available at the following link:https://ec.europa.eu