Terms of use for schnell.technology services

Version of 24th October 2018

1. Scope

The present terms and conditions apply to the use of a contract partner (hereinafter referred to as “customer” or “user”) of service products and websites of Patrick Schnell (hereinafter referred to as “schnell.technology” or “we”). The following terms of use apply exclusively. Terms and conditions of business or use by the customer are not recognized, unless this has been otherwise stipulated in the contract.

For certain applications and functionalities, we reserve the right to agree separately with the customer.

These terms of use apply to consumers (natural persons) as well as companies (legal persons or legal partnerships).

2. Services

Offered Services

The “Congether” software is provided to the customer via the “congether.com” domain and corresponding software for the respective platforms available. In this case, the customer is exclusively granted a right of use to the product. The service is free of charge or for a fee, depending on the type of subscription you choose.

Access

The product is an installable software for on-premise on customer-hardware. The hardware-environment and infrastructure of the software is not part of the service. Therefore, the customer has to meet the requirements, which are available on the website.

Contract and service updates

We reserve the right to change and modify the scope of services and apps. The terms of use can also be adapted at any time by schnell.technology. The customer won’t be forced to install the updates.

Availability

As the software is installed on-premise, the availability of the service is dependent on the hardware-infrastructure.

Data backup

The customer has to follow the data protection himself. 

3. Conclusion

Obtain the app

Access to the software is given through different installation-methods, which are viewable on the documentation of the software.

Conclusion of contract

The customer can use the free version of the software. Therefore no contract will be conclused. By purchasing a license over this webpage or through our partners, the contract will be conclused immediately at the purchase and the delivery of the license-file.

4. Extension of the functional scope via a subscription-plan

Conclusion

In order to be able to use an extended range of functions, a license must be purchased as a subscription.

The usage contract of a premium account comes about as soon as the subscription and payment of the subscription has been concluded by the sales partner “Digital River GmbH”. Here, too, it is necessary to specify all order information truthfully. We, as well as our sales partner, have the right to terminate the subscription and to deactivate the corresponding user account if the guidelines or outstanding claims are not respected.

All subscription, payment and terms of contract for a premium account are taken from the General Terms and Conditions of Digital River GmbH and will be made available to the customer before the conclusion of the order.

Features and prices of a premium account

The functionality, as well as the prices of a premium account, can be found on the https://congether.com/get page.

Support

Some subscription-plans contains free support. This support is provided via e-mail. The customer has to authenticate the support-request through the given support-voucher, which is part of the license.

The support covers help for installation and setup. In addition, assistance is provided with the operation and use of the APIs. Individual developments, infrastructure support or development support are excluded.

5. Obligations to use the services

The customer is responsible for maintaining the access data. This means that the specified passwords must be kept secret and can not be passed on to third parties.

All attacks or influence on the stability and functionality of the services is prohibited. This includes, for example, the sending of e-mails or other information (spam), hacking, brute-force attacks, the use of espionage and man-in-the-middle mechanisms, and the use of viruses and worms.

When using the services, the customer must comply with all applicable laws and regulations of the Federal Republic of Germany. Accordingly, no texts, pictures or information which violate legal provisions or infringe third-party rights and copyrights of other third parties may be hired. Nor shall any discriminatory, racist, defamatory or other illegal content be made available in the software.

The customer is responsible for all data and contents provided. We do not, therefore, verify the content of this website, as well as the correctness and flawlessness of the software.

We are not responsible for the action of the customer. This applies in particular to the possibility of making information accessible to other users. The customer indemnifies schnell.technology from all liability in this context.

6. Termination

Free use

The contract for a free use (basic account) is closed indefinitely.

The contract can be terminated at any time by the customer by e-mail. All the customer’s stored information is completely deleted.

Subscription-Plan

The contract of the subscription-plans is closed by our sales partner. The terms and conditions of a subscription are also stated in the general terms and conditions of this partner.

Should a customer cancel the subscription via our sales partner, the license will be invalid and isn’t allowed to use anymore.

Common

The contract can also be terminated by both parties for important reasons. This may include, but is not limited to, breach of these terms of use or contractual obligations. A contract can also be executed by our sales partner in the event of failure to meet payment obligations.

In the event of termination of the service by schnell.technology, the customer will be informed at an early stage. Subscriptions which extend beyond this period are terminated and the corresponding monthly contributions credited.

7. Liability

Release from liability

The customer indemnifies schnell.technology from all claims, including claims for damages, which other users, third parties or authorities assert against us for infringement of their rights by the content posted by the customer. In the case of legal infringements by the customer, the customer assumes all arising costs that arise due to a violation of third party rights by the customer.

Liability for contractual breaches of duty as well as for offenses is limited to intent and gross negligence. This shall not apply in the case of injury to the customer’s life, body or health, claims for the violation of cardinal obligations and replacement of default damages (§ 286 BGB). Insofar we are liable for every degree of fault.

The foregoing exclusion of liability also applies to slightly negligent breach of duty of the vicarious agents. Insofar as a liability for damages, which are not based on the injury of life, body or health of the client, is not excluded for slight negligence, such claims lapse within one year beginning with the emergence of the claim. The claims under the Product Liability Act shall remain unaffected.

Liability for defects

A defect exists if the suitability for the contractual use is lifted or not insignificantly reduced. Except for this are the maintenance, deficiencies or failures referred to in point 2 (availability), which are not within the sphere of influence of schnell.technology.

In return, the customer is obligated to inform schnell.technology of any defects immediately in writing or by e-mail.

If a defect exists which does not enable the customer to use a service secured by a paid subscription, the customer will be informed of the downtime until the defect is remedied as a fair value at the contract term or given the customer a right of termination.

8. Privacy

The current version of the data protection declaration can be found at https://schnell.technology/impressum

9. Other and final provisions

The contracting parties agree on the exclusive validity of the law of the Federal Republic of Germany.

Within the scope of the legal limits, the court of Augsburg and the place of fulfillment of Meitingen are generally agreed.

We reserve the right to change and adapt the usage conditions in the future. The latest version of the Terms of Use can be found at https://congether.com/terms-of-use