Voorwaarden en Condities
§ 1 Scope, Definitions
1.1 The following general terms and conditions (hereinafter "GTC") apply to all business relationships between the provider and the user for the use of services offered by the provider on/in services.
1.4 The provider is entitled to unilaterally change the content of the terms and conditions at any time. Changed terms and conditions will be sent to the user or made known online via system messages offered in the service. They will take effect when the user accepts them does not object in writing within four weeks of receipt of the change notification.In the event of an objection, the provider can terminate the contract with the user on the last day of the current month for good cause.If the provider does not terminate the customer contract after an objection, the old terms and conditions continue to apply.
1.5 Users are natural or legal persons who conclude a corresponding contract with the provider for the use of services. The user is a consumer insofar as the purpose of the ordered services is not predominantly his commercial or self-employed professional Activity can be attributed. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
1.6 Any supplementary or amending terms and conditions of third parties, such as in particular a user's terms and conditions, do not become part of the contract even if the third party refers to them in their own contractual documents and the provider does not expressly object to their validity. The user's terms and conditions only apply if they are expressly recognized in writing by the provider.
§ 2 Contractual Partners
2.1 The purchase contract is concluded with Data Metrics UG (limited liability), Managing Director: Yousef Hassani Hejazi, Öcklweg 11, 81369 Munich, Commercial Register: District Court of Munich, HRB 273784.
§ 3 Authorization
3.1 In order to access or use the Service, the User must be at least the age of majority in their respective jurisdiction.
3.2 The service is intended for personal, non-commercial use only, unless the user concludes a separate contract with the provider for commercial use.
3.3 Users may not use the Service if the Provider has terminated a User's account or prohibited the use of the Platform or the Service.
§ 4 Pricing
4.1 All prices are in euros plus shipping and/or provision costs.
4.2 Unless otherwise stated, the prices always include the VAT applicable at the time of invoicing. All printed or saved price information in the catalogues, price lists, electronic media and the like provided by the provider are subject to change. The features published in the descriptions are not guaranteed properties in the legal sense, but an attempt to make everything generally published accessible to the user.
4.3 The prices printed by the provider do not include a binding right to support.
§ 5 Conclusion of Contract/Use of the Service
5.1 With the postal transmission of a properly, correctly and fully completed and (company) signed registration form or with the online transmission of an order form, the user submits a binding offer for the selected (online) service from the provider based on the provisions of these GTC. If the user selects several (online) services or services from the provider, the user makes a separate offer for each individual (online) service.
5.2 The contract for the use of the (online) service comes about for each individual (online) service through the activation of the user by the provider E-mail once transmits his access data consisting of username and password. The user must protect his access data from access by unauthorized third parties and keep them secret. With this data the user has access to his account and the activated (online) services. The provider reserves the right to accept the user's offer to use the (online) services only partially for individual and not all (online) services.
5.3 If the selected (online) services from the provider are used by a company or an organization, the user specifies the number of people employed or otherwise employed by him when ordering, who within the scope of the in the right of use granted in these GTC will use the selected product (so-called "user") and in any case one person as a technical contact person who is available at the user for the administration of the access data.
5.4 A contract for the use of the (online) service is concluded with a natural person or a single legal entity. The use of a contract by several natural or legal entities is excluded unless otherwise agreed in writing was agreed.
5.5 The user is liable for any form of infringement, in particular for misuse by passing on his personal access data to third parties and for access to the (online) services by third parties, which is caused by insufficient technical or organizational protective measures of the user. If the user suspects that his access data has become known to a third party or that there may be misuse, he must change this immediately and report the possible case of misuse by e-mail to firstname.lastname@example.org.
5.6 The provider never acts as an intermediary. Should agreements between the user and third parties come about using the products from the provider, this does not establish a legal relationship with or to the provider. The provider is not liable for the fulfillment of such agreements and the user will be fully indemnified and held harmless by the provider against any third-party claims arising from an agreement concluded between the user and the third party.
5.7 As part of the registration, the user makes an offer to the provider to conclude a contract for the inclusion and provision of the service. The offer is accepted by the provider providing the service.
5.8 By clicking the button [Buy/Order for a fee], the user places a binding order for the goods/services listed on the order page. The purchase contract is concluded when the provider confirms the order with an order confirmation by e-mail immediately after receiving the user's order.
5.9 The offers shown do not represent an offer in the legal sense. With the order, the user declares his contractual offer binding. Input errors can be corrected before sending the order using the usual keyboard and mouse functions. With a mouse click on The user submits a binding contract offer by clicking the button that concludes the order. After receipt of the user's offer, the contract for the ordered product is concluded with the acceptance of the order from the provider by means of an expressly declared order confirmation or by providing the product.The one presented by the provider's service or in another form (e.g. e-mail) does not constitute an offer in the legal sense. By placing an order by e-mail, fax or telephone, the customer makes a binding offer to enter into a contract. The contract for the ordered product is concluded when the supplier accepts the order s through an expressly declared order confirmation or through the provision of the product.
§ 6 Scope of Services
6.2 The provider grants the user a license for the duration of the contract and based on these terms and conditions according to the following conditions for the (online) services activated according to point 5.2 by the provider for the duration of this agreement and the specific named user ("permission to use"). The permission to use is limited to the right to inspect the respective data and information offer or the respective databases for personal use in order to call up individual information offers there.
6.3 The license to use does not include the right to duplicate the database and data in whole or in part, to make deductions, to call up data in any form systematically for purposes other than to support one's own business activities, and otherwise use or exploit, as well as edit the database.It is also prohibited to offer broking services for third parties, to use the (online) services of the Provider for himself, through or for third parties, who directly or indirectly compete with (online) services to offer own or third-party products and services.
6.4 The user may only use the data and information obtained through the use for the described, direct private purposes within the scope of his work. An utilization of individual or combined data and information in media or in other web-based Media by the user without the prior express written consent of the provider is excluded and inadmissible. This also applies to any other use of the data and information that goes beyond the usage permission granted here. In particular, duplication and the paid or free disclosure to third parties as well as the transmission queried data and information in other databases is inadmissible and prohibited.
6.5 The license granted exclusively to the user in accordance with point 6.2 cannot be transferred to third parties without the express written consent of the provider. The user is also entitled to make it available or accessible to third parties, in particular by passing on access data or other Interface access (see point 6.3) is prohibited. The extension of the users covered by the license to use is also only permitted with the written consent of the provider. The user ensures that any legal restrictions on the use of the integrated systems of license partners, such as in particular the German commercial register, the German land register, international commercial registers, patent and trademark database are used in accordance with the legal requirements and are observed by all users.The user is liable for any violation with regard to the license for use.The user is responsible for any violation of the license for use moreover, irrespective of fault, upon request by the provider, obligated to pay a lump-sum compensation of EUR 20,000 (in words EUR twenty thousand) to the provider. The provider expressly reserves the right to assert any excess damage that may have arisen and to assert other rights such as the termination of the agreement for good cause.
6.6 With the exception of the services of any third-party systems according to point 6.2 of these GTC, the operating hours of the (online) services are daily from 0 a.m. to midnight. However, the provider is entitled to make any operational or work necessary for the system, in particular to carry out regular maintenance work, or to avoid disruptions and failures, to temporarily stop the (online) services or certain services of the same or to interrupt access or limit their duration.The same applies if for the It is not possible to provide the necessary service by third parties at short notice or connected third-party systems are not available. Customers will be informed of this or other objectively justified changes in the operating times via the (online) services in good time. The customer shall not be entitled to any claims from such service suspensions or interruptions .
6.7 The provider is entitled to adapt its range of services at any time, to supplement and expand functions in order to be able to guarantee its users a sufficient standard of quality. The provider is also - if required by technical, legal or economic developments - also entitled to discontinue, adapt or restrict the (online) services as a whole or parts thereof.The complete and permanent discontinuation of the (online) services or essential parts thereof by the provider takes place to the exclusion of further rights of the user in principle by extraordinary termination in accordance with point 13.2.
6.8 The provider is entitled to terminate the contract at any time for good cause if the activated (online) services are to be continued due to changed legal provisions, other official orders, court orders, technical necessities and circumstances or asserted third-party claims becomes impossible, significantly more difficult or economically unreasonable. In the event of a permanent, significant change to the activated (online) service, the user is entitled to terminate the contract by ordinary termination in accordance with point 13.2. A merely temporary cessation is not an essential reason because of official requirements or third-party claims, if the provider resumes the provision of services in the original form or in a reasonably adapted form within a reasonable period of time, or if only individual functions are changed or discontinued or not.
6.9 The user is aware that the retrievability of data and information from the (online) services depends on the availability, completeness and correctness of third-party systems that make the data available. The provider assumes no responsibility whatsoever Guarantee and/or liability for the completeness and correctness of the data and information stored and transmitted by the provider in the databases and online information systems.
§ 7 Registration by the user
7.2 The provider reserves the right to reject individual registrations by users without giving reasons.
7.4 In this context, the provider reserves the right to investigate these processes if there is reasonable suspicion of misuse or major breaches of contract, to take appropriate precautions and, if necessary, to restrict the user's access to the content at least until a final clarification of the facts and/or, if necessary, to terminate the contractual relationship without notice in the case of particularly serious violations. If the user completely eliminates the suspicion, the blocking will be lifted.
7.5 The user is obliged to compensate the provider for any damage resulting from the breaches of duty described in sections 6.2, 6.3 and 6.4. The user's liability is limited to those cases for which he is responsible . Further claims for damages by the provider are not affected by this.
7.6 In order to create an account with the provider, the user represents and warrants that the user is at least the age of majority in his respective jurisdiction, is able to enter into and perform legally binding contracts under applicable law , and that all information provided by the user is correct, current, truthful and complete.
7.7 Users are solely responsible for all activities within their account. The provider is in no way responsible if the user password and/or user account is misused by third parties. The users therefore undertake to keep their password safe and to keep all account information up to date.
7.8 Except as expressly permitted by Provider and subject to the Terms and any other additional terms that Provider shall solely and absolutely determine, Users shall not create multiple Accounts. Users shall not disclose their Account or any Account information to any third party rent, transfer or sell, and may not use another user's account without their written permission.
7.9 The provider may occasionally contact the user via the email address provided when registering the user account. Users have no opportunity to unsubscribe from such communications and they are responsible for that your e-mail address is up-to-date. In the event that users have missed communications due to an inaccurate, outdated or incomplete e-mail address, the provider shall not be liable for any loss or damage arising from the users missed communication.
§ 8 Obligations of the users
8.1 Users who make use of the provider's services undertake to only provide reliable and up-to-date information based on correct facts and to keep it up to date at all times.
8.2 The rights of the user from the contract with the provider cannot be transferred without the consent of the provider.
8.3 The user has informed himself about the main functional features of the products and bears the risk as to whether these meet his wishes and needs; before the conclusion of the contract, the user sought advice from expert third parties in the event of any doubts.
8.4 The user is solely responsible for setting up a functional hardware and software environment that is sufficiently dimensioned, also taking into account the additional burden of the contractual objects, as well as a sufficient connection to the Internet.
8.5 The user shall thoroughly test the products for defects and usability in the existing hardware and software configuration after they have been made available before they are used productively.
8.6 The user observes the instructions given by the provider for the installation and operation of the products; he will inform himself about current instructions on the websites accessible via the Internet at regular intervals and take them into account during operation.
8.7 The user takes appropriate precautions in the event that the products do not work properly in whole or in part (e.g. through daily data backup, fault diagnosis, regular checking of the data processing results).
8.8 The user must ensure that the data processing by the products complies with legal requirements, in particular data protection, commercial and tax law, and that any export restrictions are observed.
8.9 The user's possible access to the web-based IT service solution depends on the connection via the Internet, for which the customer is solely responsible. The customer bears the costs for his Internet access.
8.10 In the event of termination of the contractual relationship, the user undertakes to cooperate to the required extent free of charge.
8.11 In the event of a permanent block, the provider is entitled to terminate the contract concerned extraordinarily. In the event of an extraordinary termination, the user must compensate the provider for all damages or lost profits, which usually consists in the fact that the agreed remuneration is to be paid by the user until the expiry of a possible ordinary termination.
8.12 In the event of the termination of the contractual relationship, the user undertakes to cooperate to the required extent free of charge.
8.13 The provider is entitled to have the user's access to a product blocked at any time to avoid damage, liability or sanctions or for a similarly good reason if the user violates laws or if the User behaves contrary to the agreed conditions (including the special product-related conditions and further conditions), in particular in the following (non-exhaustive) cases:
The user or a user attributable to the user uses the products
- for distributing or for contributing to the distribution of viruses, spyware, other malicious programs or unsolicited e-mails (spam, phishing, chain letters, etc.)
- for actions that impair or damage computers or systems connected to the Internet or gain unauthorized access to them (hacking)
- for acts or omissions that lead to an abnormal impairment or damage to a third party's systems or to an abnormally high or uncontrollable use of resources (such as loads on the processor, RAM, disk I/O or of the network)
- for infringing on any third party rights (including copyright) by uploading, downloading, distributing content or similar actions without proper permission of the copyright owner
- for actions, in particular the dissemination of materials, that violate applicable criminal offenses (e.g. defamation and insults, child pornography, receiving stolen goods or illegal gambling)
- for other actions that violate applicable law, agreed terms regarding the use of the products
- The user infringes the industrial property rights of third parties when using the products
§ 9 Third-Party Systems
9.1 Queries from official databases, which are offered by authorities or license partners and can also form an (online) service or part of an (online) service, unless they are offered by the provider itself , via an authorized clearing house defined by the provider. Other special authorizations that are required by law for queries in third-party databases are obtained via an authorized clearing house or the user must obtain them directly from the respective authority with the support of the provider.
9.2 The availability of a cooperation partner's third-party systems, which the provider's (online) services may access, are connected to via interfaces or link directly to them, depends exclusively on the respective operating and Availability times of the respective partners.
§ 10 Fee Provisions
10.1 For the permission to use according to point 6.2 for the respective selected (online) service or the respective platform and service, the provider charges a usage fee, which consists of a basic fee and query fees query fees, if necessary, any other service fees such as in particular service and maintenance fees and legally stipulated court fees, which are prescribed by the respective legal systems and competent authorities in Germany and abroad.Any other fees, e.g Any other content from third-party systems will be shown separately on the statement.
10.2 The fees and charges can be found in the price list that is valid at the time the contract is concluded and can be called up on the respective (online) services of the platform or on the website of the provider. Any court fees incurred are based on according to the applicable national regulations. If queries are made from third-party systems and are subject to a fee, the corresponding fees will be displayed to the user in the system before the query. All fees are gross prices including sales tax.
10.3 The provider is entitled to adjust the query fees accordingly if this is necessary due to changes in license and service costs or increases in fees. The provider is also entitled to increase fees in accordance with the price increase of the respective consumer price index (CPI) or to adjust an index taking its place once a year within the first three months of the following calendar year.
10.4 Basic fees are generally billed annually, depending on the (online) service and package/service selected otherwise monthly in advance. Query and court fees incurred will be billed monthly in arrears.
10.5 The user agrees that the invoice is sent to him electronically by e-mail or is available for download digitally in his member account, unless otherwise agreed.
10.6 In the event of default in payment, the provider is entitled to charge default interest of 9% above the base rate of the European Central Bank. Furthermore, the user undertakes to pay all costs and expenses associated with collecting the claim such as, in particular, collection expenses and other costs necessary for appropriate legal prosecution.
10.7 The user can only offset against a claim from the provider if his counterclaims have been legally established or recognized by the provider.
10.8 To settle the bills, the user must pay exclusively into the account specified in the bill. When using online or telebanking or with payment slips, the customer has to fill in the appropriate field for the intended use or for to use the payment reference to enter their customer details.
10.9 The prices for the (online) services are based on the price list applicable at the time the order is placed and the respective individual contractual agreements between the parties. Paid (online) services and services, can be paid by the user using PayPal, bank transfer (advance payment) and credit card.
§ 11 Liability Provisions
11.1 The provider attaches great importance to the reliability, availability and quality of its (online) services. However, in view of the dependence on third-party infrastructure and the available capacities, the provider cannot guarantee that that the information offered is accessible at all times without interruption. No liability is assumed for constant availability.
11.2 Liability on the part of the provider is excluded except in the case of gross or intentional damage to be proven by the user.
11.3 Furthermore, liability for damages which
- due to operational interruptions or other technical defects.
- from any disturbances such as communication errors, data errors, transmission errors, calculation errors, database errors or from the use of requested data.
- resulting from any loss of data and/or information from any failure of the internet connection or third-party services.
- from failures caused by damage to the hardware, interfaces or software caused by hacker attacks, malware or other malicious software caused by the Internet.
- which arise due to third-party claims.
- The circumstances stipulated in the case of extraordinary terminations in accordance with point 13.2 arise.
- which arise due to incorrect or incomplete data and information in the third-party databases on which the (online) services are based.
- from lost profits as well as financial and consequential damages arising from the use of research results by the user.
11.4 The user is liable to the provider and holds them harmless and harmless for all consequences of the violation of these terms and conditions, in particular exceeding the granted usage permit, disregard of data protection regulations and for all by the user, Non-contractual damage caused to persons or users attributable to him in connection with the use of the respective (online) services or in connection with the acquisition of the data and information provided by the provider. This also includes the loss or disclosure of the access data assigned to the user or any changes to the access data initiated by the user.
11.5 The provider is not liable for damage caused by misuse, loss or disclosure of the access data assigned to him or any changes made to the access data by the user or third parties attributable to him.
11.6 The provider is only liable for its own content on its website. The provider points out that it has no influence on the content and design of linked internet offers and the content in third-party databases. The The provider does not adopt the content of linked websites as his own. Accordingly, the provider assumes no liability for the content, correctness, completeness and topicality of linked Internet offers and content taken from third-party databases.
11.7 The provider assumes no liability for the correctness and completeness of the information and declarations made by the users or for the identity and integrity of the users and the materials.
11.8 The provider has no influence on the transport of data via the Internet. The provider therefore also assumes no guarantee that interactive processes reach the user correctly and completely and that the dial-in process via the Internet is guaranteed at all times. In addition, the provider does not guarantee that the data exchange will take place at a specific transmission speed. Disturbances resulting from defects or interruptions in the user's computer or the communication paths from the user to the server or from improper use are also excluded from the guarantee Since no electronic communication is completely secure, the provider cannot guarantee that the flow of information to and from the provider will not be intercepted by third parties simply because of its connection to the Internet and the resulting technical conditions or recorded is graded. In this context, the provider also expressly points out that every user must ensure that his or her system is protected against harmful attacks from the Internet (viruses, Trojans, etc.). The provider does not bear the risk of data loss on the transmission path outside his sphere of control. Risk passes when the data or the contribution is made available for retrieval on the server. The provider also assumes no liability for data security outside of its sphere of control.
11.9 The content or material posted by the user is third-party content for the provider within the meaning of § 8 paragraph 1 of the Telemedia Act (TMG). The legal responsibility for this content lies with the user who wrote the material .
11.10 The user is liable for all consequences and disadvantages that the provider incurs as a result of the abusive or illegal use of the (online) services and services or because the user fails to meet his other contractual obligations (among other things not only the obligation to keep the password secret) does not comply.
§ 12 Rights of Use, Data Protection and Copyright
12.1 The provider treats the user's personal data strictly in accordance with the specifications of the relevant data protection regulations. The provider undertakes to protect all operational and business secrets of the user that are disclosed in the course of using the products from the provider become known. Further information can be found in the data protection declaration of the provider.
12.2 The (online) services, services and platforms, their content and the respective documentation for the system of (online) services are protected by copyright. Use that requires the permission of use expressly agreed in these GTC exceeds is not allowed.
12.3 The user may not use the data obtained through the use of the service in whole, in part or in part for his own commercial purposes that are in competition with the (online) services of the provider.
§ 13 Termination and termination of contract
13.1 Open-ended contractual relationships that are concluded with the provider in the context of (online) services, services or for the use of platforms can generally be terminated monthly on the last day of the month in writing by registered letter or by e-mail to email@example.com (in the case of termination by the user) or to the e-mail address provided by the user (in the case of termination by the provider), unless other minimum periods or other contract durations have been agreed in writing. The termination must be made for each individual (online) service or service and each platform individually. The following provisions apply to the following platforms, (online) services and services from the provider.
The contractual relationship for monthly services can be terminated monthly on the last day of the following month directly in the user's online customer account. For services with an annual term, a twelve-month waiver of termination from the order is deemed agreed.
Contracts are automatically extended by the previously selected term if they are not terminated in due time. The termination is timely if one of the contracting parties sends a registered letter, e-mail or via the online customer account at observance of a one-month notice period at the end of the next contract period.
13.2 For important reasons, the contracting parties can terminate a fixed-term or open-ended contractual relationship at any time without notice with immediate effect.
Important reasons include in particular:
- Violations of contractual obligations that make it unreasonable to continue to uphold the agreement
- Violations of data protection regulations or the security of data access by the user
- Payment default by the user despite a reminder by e-mail and setting a grace period of ten working days to settle the open payment obligations
- Revocation of a SEPA direct debit authorization for the user granted by the provider for invoicing the use of (online) services, without an alternative form of payment having been previously agreed in writing with the provider
- Violations and exceeding of the license granted in the contract
13.3 The provider can block the user's access to the platform and the respective (online) service at any time for important reasons in accordance with point 13.2. All contractual obligations of the user remain unaffected. The blocking of access will be lifted immediately if the reasons for the access block no longer apply. The user must reimburse the costs of the block and the removal of the same.
§ 14 Responsibility for content
14.1 All content (information, details, comments, photos, texts, graphics, questions, videos, notes, drawings, articles and other material) that is transferred to the provider's websites (hereinafter "material"), are the sole responsibility of the user who created the material. The user ensures in particular that the material does not infringe any applicable law or the rights of third parties (in particular rights to names, copyrights and trademarks). The provider is not obligated to check whether posted content infringes the rights of third parties or violates legal regulations. The user is obligated to correct or delete the content posted by him if it does not meet the requirements for the design of websites. The user can make changes always use his account.
14.2 The user indemnifies the provider from any claims or demands of third parties upon first request, which these assert due to infringement of rights by the user or due to the material created by the user, including appropriate legal enforcement and legal fees. Furthermore, the user undertakes to support the provider in defending against such claims.
14.3 The user's obligation to pay the fee remains unaffected by taking the measures specified in this section.
14.4 The provider does not guarantee the truth, content or quality of the content provided by the users. The provider reserves the right to examine the material and to remove it without prior notice and individual Bar users from using the Community; however, they have no general obligation to remove certain materials that other users find offensive or offensive.
14.5 By using our services, the user agrees that the provider may use the content for advertising purposes outside of the service (e.g. in the form of customer quotes on websites with excerpts and images).
§ 15 Cancellation Policy
15.1 When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will provide information below in accordance with the statutory model. Section (15.2) provides information about the premature expiration of the right of withdrawal. Section (15.3) there is a sample cancellation form.
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day the contract was concluded. In order to exercise your right of revocation, you must, Data Metrics (limited liability), Öcklweg 11, 81369 Munich, e-mail: firstname.lastname@example.org, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send us the notification of your exercise of the right of withdrawal before it expires within the cancellation period.
Consequences of revocation
If you revoke this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from that you have chosen a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. We use the same for this repayment Means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. If you have requested that the services should begin during the cancellation period, you have to pay us a reasonable amount, which is proportionate to the time at which you informed us of the exercise of the revocation fsrechts inform about this contract, corresponds to the services already provided compared to the total scope of the services provided for in the contract.
15.2 Premature expiry of the right of cancellation - Your right of cancellation expires prematurely in the case of a contract for the provision of services if we have provided the service in full and have only started to perform the service after you have given your express consent to do so and at the same time have confirmed that you are aware that you will lose your right of withdrawal if we have completely fulfilled the contract.
15.3 The provider informs about the model cancellation form according to the legal regulation as follows:
Sample cancellation form
(If you want to withdraw from the contract, please copy this sample into a word processing document, print it out and send it back.)
To Data Metrics UG (limited liability), Öcklweg 11, 81369 Munich, email: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable
End of cancellation policy
§ 16 License
16.1 Users may only use (online) services and services as expressly permitted in these conditions. All rights not expressly granted to the user belong to the provider, its third-party providers and, if applicable, other respective Reserved for owners.
16.2 Users may only use (online) services and services as expressly permitted in these conditions. All rights not expressly granted to the user belong to the provider, its third-party providers and may be reserved by other respective owners.The Provider makes available through its (online) Services and Services Content that is copyrighted and/or trademarked works of the Provider or the Provider's third-party licensors and providers (collectively referred to as "Content") .For the sake of clarity, the term "Content" includes all content accessed by the user at any given time. As a user, you acknowledge that the (online) services and services are managed by the provider and such third parties using methods and Assessment standards that have been developed and applied with a great deal of time, effort and expense, developed, compiled, prepared, revised, has been selected and arranged and constitutes valuable intellectual property of the provider and such third parties. Accordingly, Users shall protect the proprietary rights of Provider and any others who have rights in the Service during and after the term of these Terms and comply with any written request from Provider to protect the contractual, statutory and common law rights of Provider and others to protect the (online) services.
16.3 Subject to these Terms and the User's compliance with these Terms, the Provider hereby grants the User a limited, personal, non-exclusive, non-sublicensable and non-transferable license to use the Content and to use this (Online -) Services, each for personal use only. As a user, you agree not to use the (online) service and services or the content for commercial purposes. Apart from the license above, users have no other rights to the (Online) Services and Services or the Content, and may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease the (Online) Service and Service or the Content, lend, create derivative works from, create an index, reverse engineer, modify, enhance, give access to them or exploit them in any way.
16.4 If users breach any of these terms, the above license will automatically terminate.
§ 17 Prohibited Activities
17.1 As a user, you agree that you will not:
- 17.1.1 Copying, modifying or creating derivative works of the (Online) Services and Services or any Content
- 17.1.2 copy, manipulate or aggregate any content (including data) for the purpose of making it available to any third party
- 17.1.3 Sell, rent, lend, lease or license any Content or access to the Service, whether for commercial purposes or without compensation
- 17.1.4 Use or introduce into the Service or manually access any part of the Service any data mining, crawling, "scraping", robots or similar automated or data collection or extraction methods collect, monitor or copy or download or store content (unless expressly authorized by the provider.) Certain data and other information within the service are available by subscription or for a fee at the (online) services and services of the provider
- 17.1.5 Make excessive requests for information or take any action that disrupts, disrupts, or unduly burdens the Service or any server or network connected to the Service, or the quality or availability of any content or adversely affect the speed or functionality of the Service
- 17.1.6 Introduce a virus, Trojan horse, worm, time bomb or other malware into the Service or Platform, or use any device, software or routine to launch any software or bypassing hardware that prohibits bulk requests for information
- 17.1.7 violate, circumvent or circumvent any security measure designed to limit or prevent access to the Platform, Content or Service, or
- 17.1.8 otherwise attempt to gain unauthorized access to the Service, any Content, or any computer systems or networks connected to the Service or any Provider's servers, whether by hacking, password -mining, unauthorized use of someone else's password/credentials or otherwise
- 17.1.9 restrict, impede or disrupt the use of the Service by other users (including by hacking or defacing the Platform)
- 17.1.10 Introduce or otherwise distribute through the Platform computer programs that damage, interfere with, intercept, collect, share or disclose any of our or any third party's systems, data or personal information
- 17.1.11 use our or any third party's trademarks, service marks, trade names or logos displayed on the Platform
- 17.1.12 change or remove any copyright or other proprietary notices in the content
- 17.1.13 use the Website, Content or Service for or in connection with any activity that (i) violates any applicable law, statute, ordinance or regulation, including , but not limited to the German Ministry of Finance, or (ii) includes proceeds of any unlawful or illegal activity
17.2 In addition, you acknowledge and agree that you (and not the Provider) are solely responsible for the procurement and maintenance of all telecommunications, broadband and computer hardware, equipment, software and -services you need to access and use the Service and for paying any related fees.
§ 18 Intellectual Property
18.1 Subject to these Terms, users may view, print and make copies of any Content for their own personal use. Users may not copy, reproduce, download, store, transmit, broadcast, publish, modify, create derivative works from, display, perform, distribute, share, sell, license, rent, lease or otherwise exploit, transmit (either in printed , electronic, or any other form) or in any way inconsistent with these Terms. To obtain permission to use any Content not expressly permitted in these Terms, please contact firstname.lastname@example.org.
18.2 In the relationship between Provider and User, all Content is owned or controlled by Provider. Provider, Provider Logo and, unless otherwise noted below, any other product or service names or slogans displayed on the Service are registered and/or proprietary trademarks of Provider or its suppliers or licensors and may not be copied, imitated or used in whole or in part without the prior written permission of Provider or the relevant trademark owner the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, bears a service mark, trademark, and/or trade dress owned by Provider and may not be copied, imitated, or used in whole or in part without Provider's prior written permission.All other marks , Registered trademarks, product names and company names or logos mentioned in the Service belong to their respective owners. Mention of any product, service, process, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply its endorsement, sponsorship, or recommendation.
18.3 These terms and conditions do not grant the user any rights to the intellectual property of the provider or third parties.
18.4 The use or misuse of trademarks or other intellectual property owned by Provider is prohibited except as expressly permitted by these Terms. Users are required to notify Provider immediately at email@example.com to notify users if users know or suspect that any of the intellectual property rights have been infringed by the provider or its providers.
18.5 All of Provider's and related logos, trademarks, service marks and trade names are the sole property of Provider. The absence of any name, logo or other mark does not constitute a waiver of any intellectual property rights owned by Provider has established. Other trademarks, names or logos used on the website belong to their respective owners. Users are not authorized to use them.
18.6 As a User, you acknowledge that the Provider and/or its Providers own the copyright in all Content under applicable laws (including copyright laws and other intellectual property laws) and themselves have reserved all rights to this content.
§ 19 Linking to the Service from your website
19.1 Users may place one or more links to the Service (collectively a "Link") on your own website ("Your Website") provided that:
19.1.1 The link can only contain the following text: "website name" or "website name.domain" or "link to website name.domain"
19.1.2 Your website must not contain any content that is unlawful, threatening, abusive, libellous, defamatory or otherwise inappropriate, as determined by Provider in its sole and absolute discretion
19.1.3 The appearance of any content that accompanies the link or is on the same page as the link (e.g. the entire article in which the link appears, even if it is not located on the same page as the link), not of a nature that might damage or dilute the goodwill associated with the name, reputation, or trademarks, trade names, or service marks of Provider, as determined by Provider in its sole and absolute discretion; and
19.1.4 Content on your website must not contain any information that, in our sole and absolute discretion, could create the misleading impression that you, your website or any other website, service, person or entity is affiliated with affiliated with, sponsored by, or otherwise endorsed by Vendor, or that any activity performed by you or any other person is authorized by Vendor.
19.2 Provider may withdraw its consent to any link at any time in its sole and absolute discretion and without notice. If Provider notifies you that you are no longer accessing the Service or any page or a document, you must immediately (and in any case within three (3) calendar days from the date of our notification) remove all affected links from your website.
§ 20 Additional Disclaimers and Limitation of Liability
20.1 THE CONTENT OF THE (ONLINE) SERVICE, SERVICE AND PLATFORM IS FOR INFORMATION PURPOSES ONLY. NOTHING ON OR IN THE SERVICE CONSTITUTES AN OFFER OF ANY CURRENCY, SECURITY OR FINANCIAL INSTRUMENT, OR CONSTITUTES INVESTMENT ADVICE OR RECOMMENDATION (EG, A RECOMMENDATION TO BUY A CURRENCY, SECURITY OR INSTRUMENT) BY THE PROVIDER OR A RECOMMENDATION OF AN INVESTMENT STRATEGY BY THE PROVIDER THE CONTENT OF THIS SERVICE SHOULD NOT BE CONSIDERED AS SUFFICIENT INFORMATION AS A BASIS FOR AN INVESTMENT STRATEGY.NO CONTENT OF THE SERVICE SHALL BE CONSIDERED TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL OR ENTITY OR GROUP OF PERSONS. PROVIDER DOES NOT EXPRESS AN OPINION ABOUT THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER TYPE OF INTEREST. PROVIDER DOES NOT EXPRESSLY OR IMPLIEDLY RECOMMEND THE INVESTMENT STRATE OF SERVICES MAY NOT BE USED AS THE UNDERLYING ANY FINANCIAL PRODUCT OR ANY OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF PROVIDER.
20.2 THE CONTENT PROVIDED THROUGH THE (ONLINE) SERVICES, SERVICES AND PLATFORM ARE PROVIDED BY THE PROVIDER FROM INDEPENDENT THIRD-PARTY PROVIDERS. THE PROVIDER DOES NOT VERIFY ALL CONTENT FOR ACCURACY OR COMPLETENESS OR RELIABILITY AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF THE CONTENT.
20.3 THE SERVICE AND THE CONTENT PUBLISHED ON THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS. THE PROVIDER DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF THE SERVICE OR THE CONTENT, AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OTHER INACCURACIES REGARDING THE SERVICE OR CONTENT, PROVIDER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE OR CONTENT, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR COMBINED WITH ANY SOFTWARE, SERVICE, SYSTEM OR ANY OTHER DATA OR INFORMATION WILL WORK. THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND THE PROVIDER DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SERVICE, ITS SERVERS, OR ANY EMAIL OR ELECTRONIC MESSAGE SENT FROM THE PROVIDER WILL BE FREE OF VIRUSES OR OTHER HARMFUL DEFECTS IS THE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WARRANTIES REGARDING THE SERVICE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
20.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, ERRORS OR INACCURACIES IN THE CONTENT; (II) PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR THE USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR DISCONTINUATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR TRANSMITTED TO OR THROUGH THE SERVICE FROM ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF ANY CONTENT PUBLISHED, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH THE SERVICE AND/OR (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
20.5 IN NO EVENT SHALL THE PROVIDER (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS AND AFFILIATES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS RESULTING FROM OR IN ANY WAY CONNECTED WITH YOUR ACCESS, USE, OR DELAY OR INABILITY TO ACCESS, VIEW, OR USE THE SERVICE; FOR COMPUTER VIRUSES, INFORMATION, SOFTWARE , LINKED SERVICES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE;OR FOR DAMAGES OTHERWISE RESULTING FROM ACCESS TO OR USE OF THE SERVICE, WHETHER ON A THEORY OF NEGLIGENCE, CONTRACT, TORT , STRICT LIABILITY OR OTHERWISE, AND EVEN IF PROVIDER RELYES ON THE SOLC HER DAMAGES WAS NOTIFIED.
20.6 IN NO EVENT SHALL THE PROVIDER (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS AND AFFILIATES) BE LIABLE FOR ANY CLAIM, PROCEEDING, LIABILITY, OBLIGATION, DAMAGES, LOSSES OR EXPENSES OF ANY MORE EXCEED 100.00 EUROS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS STATED IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY PROVIDED IN THESE TERMS IS OF ITS ESSENTIAL PURPOSE.
20.7 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 TERMS GIVE YOU SPECIFIC RIGHTS, AND YOU YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
§ 21 Compensation
20.1 To the extent not prohibited by applicable law, User holds Provider and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors and Assignees shall be indemnified and defended against any and all third-party claims, actions, proceedings and claims (whether threatened or actual) and any loss, liability, damage, judgment, cost and expense (including reasonable attorneys' fees) arising out of, relating to or in in connection with: (i) your use (or misuse) of, and access to, the Service or Content; (ii) your violation of any of these Terms; (iii) your violation of any applicable law, rule or regulation; (d) any Claiming that information you have provided to the Provider in connection with the Platform, including the Content, to a third party have caused harm, violated, abused or otherwise violated any of your rights, including infringing, misusing or otherwise violating any third party's intellectual property rights or violating any rights of privacy or publicity; and/or (iv) any dispute you have with any third party relating to or in connection with the Service or Content. Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User; in such event, Users will fully cooperate with Provider in asserting all available defenses and in pursuing such defense.
§ 22 Other Provisions
22.1 The substantive law of the Federal Republic of Germany shall apply exclusively to all contracts concluded with the user, excluding the UN sales law and the reference standards. The contract language is German or English. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
22.2 The place of jurisdiction for all legal disputes between the provider and the user resulting from the use of the selected (online) services and services is the local court responsible for the provider's company headquarters. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or domicile or habitual abode is not known at the time the action is filed. The authority to call the court at another statutory place of jurisdiction remains unaffected by this.
22.3 The place of fulfillment for all services of this contract is Munich.
22.4 Should individual provisions of these General Terms and Conditions be ineffective or incomplete or become ineffective or incomplete, or should they not be in line with or contradict mandatory statutory provisions, this shall not affect the validity of the remaining provisions of these General terms and conditions. The parties will replace these with a provision that comes closest to the effect of the provision that has become ineffective.
22.5 All contracts between the provider and the user can be changed or supplemented in writing in a separate contract. If provisions of these terms and conditions contradict written contractual provisions, the provisions of the written contract take precedence.