Terms and Conditions

General Terms and Conditions of www.Brain2Canvas.de

These terms and conditions apply to

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

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


Users are urged to read this document carefully.

This application is offered by:

Restless UG
Gärtnerstraße 19
20253 Hamburg

Provider's email address: hallo@brain2canvas.de

Information about this application

Workshop Teambuilding App Design

The most important information at a glance

  • Please note that certain provisions of these Terms and Conditions may only apply to specific categories of users, for example, only to consumers or only to users who are not acting as consumers. Any such limitations on the scope of application will be explicitly indicated in each affected clause. If no such indication is given, the clause applies to all users.
  • Access to this application and service is age-restricted. and is only available to users of legal age in accordance with the applicable law.
  • The right of withdrawal applies only to European consumers.

TERMS OF USE

Unless otherwise stated, access to this application is subject to the terms and conditions listed in this section.

Individual or additional terms of use or access may apply under certain circumstances and will be expressly stated in this document in such cases.

By using the service, users confirm that they meet the following conditions:

  • Users can be consumers or business customers;
  • Users must be of legal age according to the applicable law;

Account creation

To use the service, users can register or create a user account by providing all the necessary data or information completely and truthfully.
The service can also be used without registration or creating a user account. However, this may lead to limited availability of certain functions.

The user is responsible for ensuring that their login credentials are kept confidential and secure. Therefore, the user must also choose a password that meets the highest security requirements possible with this application.

By registering, users agree to be responsible for all actions that occur in connection with their username and password.
Users are obliged to inform the provider immediately and unambiguously 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 violated, unlawfully disclosed or stolen.

Termination of 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.

Blocking and deleting the user account

The provider reserves the right to block or delete user accounts that it considers inappropriate or offensive, or that, in its opinion, violate these terms and conditions, at any time and without prior notice, at its own discretion.

The blocking or deletion of user accounts does not give rise to any claims for damages, indemnification or reimbursement by the user.

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

Content available through this application

Unless otherwise stated or clearly indicated, 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 provided through this application does not violate 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 complaints to the contact details provided in this document. This does not affect the right to pursue any claims (out of or in court).

Rights to the content available through this application

All rights to the content are reserved by the provider.

Users may only use the content to the extent necessary for the proper use of the service or – even implicitly – intended.

Users are specifically prohibited from reproducing, downloading, distributing beyond the limits defined below, editing, translating, modifying, redesigning, publishing, transferring to or from third parties, selling or licensing the content, and enabling third parties – even without the user's knowledge – to perform the aforementioned actions via their own device.

Where expressly indicated in this application, the user may download, reproduce and/or distribute selected content available through this application for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the provider are correctly affixed.

Legal restrictions or exceptions remain unaffected.

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 or availability.
The conditions under which such resources provided by third parties are available and under which rights of use to such content may be granted are set out in the contractual provisions of each third party or, alternatively, in the applicable legal provisions.

Permitted use

This application and service may only be used as intended and in accordance with these Terms and Conditions and the applicable legal regulations.

Users are responsible for ensuring that their access to this application and/or their use of the service does not violate any legal regulations, ordinances or the rights of third parties.

Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as...To deny users access to this application or service, to terminate contracts, to report objectionable actions taking place via this application or service to the relevant authorities – such as judicial or administrative authorities – if users are proven or suspected to have:

  • violate legal regulations, ordinances or these terms and conditions; or
  • Infringe the rights of third parties; or
  • significantly impair the legitimate interests of the provider; or
  • Insult the provider or a third party.

TERMS AND CONDITIONS OF SALE

Products that require payment

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

Prices, terms and conditions applicable to the purchase of such products are described below. For further information, please refer to this application and the relevant sections.

Product description

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

Although products are presented with the utmost technical care via this application, representations of any kind (including graphic representations, images, colors, sounds) serve only as a reference and do not constitute a guarantee regarding the properties of the purchased product.

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

Purchase process

All steps from selecting a product to placing the order are part of the purchasing process.

The purchase process includes the following steps:

  • The user selects the desired product from the range and checks their own product selection.
  • After reviewing the product selection details, the user can place the order by submitting it to the provider.

Placing the order

When the user places an order, the following applies:

  • The contract is concluded upon placement of the order. Therefore, placing the order obligates the user to pay the purchase price, taxes, and any other fees and expenses as specified on the order page.
  • If information is required from the user, such as personal information or data, specifications or special requests, the placement of the order creates an obligation for the user to cooperate accordingly.
  • Users receive an order confirmation after placing their order.

All notifications relating to the described purchase process will be sent to the email address provided by the user for this purpose.

Prices

Users are informed during the purchase process and before placing the order about all fees, taxes and costs (including any shipping costs) they will have to bear.

The prices are displayed via this application as follows:

  • either excluding or including all applicable fees, taxes and costs, depending on which section the user is currently in.

Payment methods

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

Some payment methods may only be available subject to additional terms or fees. In these cases, you will find the relevant information in the corresponding section of the service (this application).

All payments are processed through third-party providers. Therefore, this application does not collect any payment information – as z.BCredit card details are not collected – the user only receives a notification when the payment has been successfully completed.

If payment via the available methods fails or is declined by the payment provider, the seller is not obligated to fulfill the order. In the event of a failed or declined payment, the seller reserves the right to claim all associated costs or damages from the user.

Virtual currency for exclusive use within this application

This application allows certain payments using a virtual currency. Unless otherwise stated, such a virtual currency is not tradable, exchangeable, or redeemable for traditional currency, other digital currencies, goods, or assets.

By purchasing virtual currency, users acknowledge and understand that it may only be used through this application and only for the purposes expressly authorized by the provider within the scope of its services. Users also acknowledge and agree that such virtual currency may not be transferred, bought, sold, or exchanged outside of the service.

Accordingly, users may neither sublicense the virtual currency, nor trade it or sell it for money, nor attempt to sell it for money. Users may also not exchange the virtual currency for any kind of value. The virtual currency may only be used within the scope of the provider's offering made available through this application. Any of the aforementioned prohibited use or transactions is considered null and void and may result in legal action against the user.

In the event of contract or account termination for a reason attributable to the user, any unused virtual currency will be forfeited and no refund will be granted.

Retention of title

Ownership of the ordered products only passes to the user upon receipt of the full purchase price by the supplier.

Maintaining usage rights

Users do not acquire any usage rights to the purchased product until the provider has received the full purchase price.

Delivery

Deliveries will be made to the address specified by the user and in the manner listed in the order summary.

Upon delivery, the user must check the contents and report any discrepancies immediately using the contact details provided in this document or as described on the delivery note. Users may refuse acceptance of the package if it shows 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 corresponding delivery times, or alternatively, these can be set during the purchase process.

Unsuccessful delivery

The provider is not liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the user, nor for damages or delays after handover to the carrier if the carrier was commissioned by the user and not recommended or provided by the provider.

If the goods are not received at the specified time or collected within the specified period, they will be returned to the supplier. In this case, the supplier will contact the user to arrange a second delivery attempt or to discuss further steps.

Unless otherwise agreed, the user shall bear the costs for each subsequent delivery attempt from the second delivery attempt onwards.

Provision of digital content

Unless otherwise specified, digital content purchased through this application will be transferred via download to the devices chosen by the users.

Users acknowledge and accept that the device(s) and software (including operating systems) intended for downloading and/or using the product must be legal, widely used, up-to-date, and comply with current market standards.

Users acknowledge and accept that the ability to download the purchased product may be limited in time and location.

User rights

Right of withdrawal

Unless exceptions apply, the user may cancel the contract within the period specified below (usually 14 days) without giving reasons. This section provides users with more information about the cancellation policy.

Who is entitled to the right of withdrawal?

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

The rights set out in this section do not apply to users who are not acting as European consumers.

Exercising the right of withdrawal

To exercise his right of withdrawal, the user must send the provider an unambiguous declaration stating his decision to withdraw.

For this purpose, users can use the model withdrawal form found in the "Definitions" section of this document. However, users are free to express their decision to withdraw by means of an unambiguous statement in another suitable manner. To comply with the deadline for exercising this right, the user must submit the withdrawal notice before the withdrawal period expires.

When does the cancellation period expire?

  • When buying goods The cancellation period ends 14 days after the day on which the user or a third party named by him, who is not the carrier, takes possession of the goods.

  • When purchasing multiple items in one order, which are then delivered separately, the cancellation period ends 14 days after the day on which the user or a third party named by him, who is not the carrier, takes possession of the last delivered goods, the last lot or the last part.

Effects of the revocation

Users who properly cancel a contract will be refunded all payments made to the provider, including delivery costs if applicable.

However, the provider is not obliged to reimburse additional costs if the user has chosen a different type of delivery than the cheapest standard delivery offered by the provider.

The refund will be issued immediately, but no later than 14 days after the provider is informed of the user's decision to withdraw from the contract. The provider will issue the refund using the same payment method the user used for the original transaction, unless expressly agreed otherwise with the user.In any case, the user will not incur any costs or fees as a result of the refund.

...when buying goods

The user must return or hand over the goods to the provider or a person authorized by the provider to receive the goods without undue delay and in any event no later than 14 days from the day on which he has notified the provider of his decision to withdraw from the contract, unless the provider has offered to collect the goods himself.

The deadline is met if the user hands the goods over to the carrier before the 14-day period expires or otherwise returns the goods as specified above. The supplier may refuse reimbursement until they have received the goods back or until the user has provided proof of return shipment, whichever is earlier.

The user is liable for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functionality of the goods.

The user bears the costs of returning the goods..

UK User rights

Right to cancel

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

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

Exercising the right to cancel

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

  • Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
  • Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.
Effects of cancellation

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

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

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

…ON THE PURCHASE OF PHYSICAL GOODS

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until receipt of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the user.

Direitos do Usuário brasileiro

Direito de arrependimento

Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão or direito legal de arrependimento de acordo com a legislação brasileira. It is significant that the consumer has the right to rescind the contracts online (contracts at a distance from celebrities for commercial establishment) by the same motive and justification, no prazo de 7 (sete) dias a contar da data da celebração do contrato ou do receive the product or service. Users who do not qualify as consumers cannot benefit from the directives established in the nest. O direct de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contacto indicados no início deste Documento e de acordo com as orientações desta Seção.

Exercício do direct de arrependimento

Para exercer or direction de arrependimento, os Usuários devem enviar ao Proprietário uma declaração inequivoca de sua intenção de rescindir o contrato. Para tanto, os Usuários poderão utilizar o modelo de formulário de rescisão disponível na seção “definições” of the document. No entanto, os uários são livres para expressar sua vontade de rescindir or contrato através de uma declaração inequívoca por qualquer via adequada. Para respeitar or prazo estabelecido para o exercício de tal direito, os Usuários devem enviar or aviso de arrependimento antes do fim do prazo. When to terminate or when to arrive?

  • Em relação à compra de produtos, o prazo de arrependimento é de 7 (sete) dias após a data de recebimento do produto pelo Usuário ou um terceiro designedado pelo Usuário que not seja o transportador.

  • No case of compra de múltiplos products encomendados em conjunto mas entregues de forma separada, ou no caso de compra de um único produto constituído por diversos lotes ou peças entregues de forma separada, o prazo de arrependimento é de 7 (sete) dias após a data de recebimento do último produto, lote ou peça Pelo Usuário or um terceiro designedado Pelo Usuário que not seja o transportador.

  • Em relação à aquisição de um serviço, o prazo de arrependimento é de 7 (sete) dias após a data da celebração do contrato, e somente se o serviço ainda not tiver sido prestado.
Efeitos do arrependimento

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

No entanto, not serão reembolsados ​​quaisquer custos adicionais resultsantes da escolha de um método de entrega específico que not seja or tipo de entrega padrão mais barato oferecido pelo Proprietário.

This reembolso has been realized with the demora injustificada and not a maximum of 14 (catorze) dias, a contact with the dia em que o Proprietário foi informado da decisão do Usuário de rescindir o contrato ou da devolução efetiva do produto, o que ocorrer por último. Salvo se acordado de outra form com o Suário, os reembolsos serão efetuados por meio do mesmo método de pagamento utilizado para processingar a transação initial. The use cannot be corrected in the quaisquer custos or taxes in the razão de tal reembolso.

…NA COMPRA DE PRODUTOS FÍSICOS

Salvo se o Proprietário tiver se disponibilizado para coletar os produtos, os Usuários devem devolvê-los ou entregá-los ao Proprietário ou a uma pessoa autorizada por este a receber os produtos, sem demora injustificada e no prazo de 14 (catorze) dias a contar da data The communication decides to rescind the contract.

This is the product that is intended to be transported or devolved, according to the indication of acima, before the year of 14 (catorze) dias estipulado para devolução. O reembolso pode ser retido até a recepção dos produtos ou até que os Usuários apresentem prova da devolução, o que ocorrer primeiro.

The users are responsible for reducing the value of the products as a result of the manual use and the need for a guarantee of nature, characteristics and functionality.

Os custos de volução dos produtos serão arcados pelo Proprietário.

…NA COMPRA DE SERVIÇOS

When the user executes or directs the arrependiment to the request of the executor of the serviço, after the period of the arrependiment, or the user deverá pagar ao Proprietário uma quantia que seja proportional à parte do serviço prestado.

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

Guarantees

Statutory warranty rights under EU law

Under EU law, businesses are liable for a minimum of two years from delivery for the conformity of the goods they sell. Businesses must therefore ensure that the purchased goods possess the promised or reasonably expected quality, functionality, or characteristics for at least two years after delivery to the buyer.

For users acting as European consumers, the statutory warranty rights apply to goods available through this application in accordance with the laws of their country of habitual residence.

The national laws of these countries may grant users more extensive rights.

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

Conformity to contract for consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

A legal warranty on products commercialized by (physical and digital) obedece on separate terms, in agreement with the Consumer Code:

  • The products are not durable and are guaranteed for 30 days; e
  • The products are durable and guaranteed for 90 (noventa) days.

The period of the guarantee comes with part of the data on the entry of the product.

A guarantee is not available in the casos de uso indevido, eventos naturalais or se o product sido submetido a qualquer outra assistência técnica que not seja a fornecida por this application. A guarantee is given to ensure that the contact can be made via this application. It is necessary to have an arcará proprietário com os custos do envio do produto para avaliação técnica. O Proprietário, a seu critério, também poderá fornecer uma garantia contratual além da garantia legal. As normas aplicáveis ​​às guaranteeas contratuais podem ser encontradas nas specificações fornecidas por this application. The information is not foreseen, but the disposições legais serão aplicadas.

Liability and compensation

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

Compensation

To the extent permitted by applicable law, the user agrees to indemnify and hold harmless the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from any and all claims or demands by third parties – including, but not limited to, attorneys' fees and costs – arising out of or in connection with a culpable breach of these Terms and Conditions, third-party rights or statutory provisions in connection with the use of the service by the user or its agents, officers, directors, agents, co-branders, partners and employees.

Limitation of liability

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

This does not apply to damages to life, health or physical integrity, nor to damages resulting from the breach of a fundamental contractual obligation, such as z.B. an obligation absolutely necessary to achieve the purpose of the contract and/or damages due to intent or gross negligence, provided that this application was used properly and correctly by the user.

Unless damages were caused intentionally or through gross negligence, or impair life, health or physical integrity, the provider is only liable up to the amount of damages that were typical and foreseeable at the time of conclusion of the contract.

Users in Australia

Limitation of liability

Warranty rights, conditions, guarantees, rights, and remedies available to users under the Competition and Consumer Act 2010 (CCTH) remain fully unaffected by the provisions of these Terms and Conditions. The same applies to any similar mandatory national or territorial laws that grant users mandatory rights. To the extent permitted by law, our liability to users—including liability for breach of a mandatory right and any other liability not excluded by these Terms and Conditions—is limited, at the provider's reasonable discretion, to repair or reimbursement of the costs incurred in re-providing the services.

Users in the USA

Warranty disclaimer

This application is provided and made available exclusively "as is" and "as available." Use of the service is at your own risk.The provider expressly excludes all conditions, representations, and warranties—whether express, implied, statutory, or otherwise—including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the extent permitted by law. Any advice or information, whether oral or written, that the user receives from the provider or through the service does not constitute any warranties unless expressly stated.

Notwithstanding the foregoing, the provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees make no warranty that the content is reliable, accurate, and correct; that the service will meet users' expectations; that the service will be available uninterrupted or reliably at a particular time or location; that all 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 their computer system or mobile device, or for any loss of data, resulting from such download or use of the service.

The provider assumes no warranty or responsibility for products or services advertised or offered by third parties through the service or through a website or service linked via a hyperlink, nor does it endorse such products or services. 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 no longer function correctly with the user's web browser, mobile device, and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation, or use of this service.

Federal law, some states, and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to users. This agreement grants users certain rights, while they may have additional rights depending on the jurisdiction. The disclaimers and limitations of liability in this agreement are invalid to the extent prohibited by applicable law.

Limitation of liability

  • To the extent permitted by law, the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees shall in no event be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses arising in connection with the service or its unavailability; and

  • any damages and losses resulting from hacking, manipulation or other unauthorized access to or use of the service or user account, as well as the information contained therein;
  • any factual errors, mistakes or inaccuracies;
  • Personal injury or property damage of any kind arising from the user's access to or use of the service;
  • any unauthorized access to the provider's security servers and/or the personal information stored therein;
  • any interruption or cessation of transmission to or by the service;
  • any bugs, viruses, Trojans, etc., that may be transmitted to or through the service;
  • any errors or omissions in the content, or for any loss or damage resulting from the use of content published, emailed, transmitted, or otherwise made available through the service; and/or
  • The defamatory, insulting, or illegal conduct of a user or a third party. Any liability of the provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees for claims, income, liabilities, obligations, damages, losses, or costs is limited to the amount paid by the user to the provider under this agreement 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 claim is based on contract, tort, negligence, strict liability or any other basis, even if the provider has been advised of the possibility of such damage.

In some jurisdictions, the exclusion or limitation of incidental or consequential damages is not permitted, so the above limitations or exclusions may not apply to the user. These Terms and Conditions grant the user certain rights, while the user may have other rights depending on the jurisdiction. The exclusions and limitations of liability in these Terms and Conditions are invalid to the extent prohibited by applicable law.

Compensation

The user agrees to indemnify and hold harmless the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against 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

  • the user's access to and use of the service, including all data or content transmitted or received by the user;
  • the breach of these Terms and Conditions by the user, including but not limited to the breach of any of the representations and warranties contained in these Terms and Conditions by the user;
  • the infringement of third-party rights by the user, including but not limited to personal rights or intellectual property rights;
  • the user's violation of legal regulations, rules or ordinances;
  • any content transmitted from the user account, even in the event of access by third parties using the user's username, password or other security measures - if any - and including misleading, false or inaccurate information;
  • the alleged misconduct of the user; or
  • the violation of legal provisions by the user or its affiliated companies, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.

Common provisions

No waiver

If the provider fails to assert a right or enforce a provision of these Terms and Conditions, this does 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. Users will be informed appropriately.

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

Furthermore, the service may be unavailable for reasons beyond the provider's control (so-called "force majeure") (e.g., infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this application and service in any way without the express prior written consent of the provider, granted either directly or through a lawful reseller program.

Privacy Policy

To learn more about the use of their personal data, users can consult the service's (this application's) privacy policy.

Intellectual property rights

Without prejudice to more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to the Service (this Application), are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

All trademarks, names or images – and all other trademarks, trade names, service marks, word marks, illustrations, pictures or logos – appearing in connection with the service (this application) are and remain 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.

Changes to these Terms and Conditions

The provider reserves the right to amend or otherwise modify these terms and conditions at any time. In this case, the provider will inform the user appropriately about these changes.

Such changes will only apply to the contractual relationship from the date communicated to the user.

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

If the revised terms and conditions are not accepted, either party may terminate the contract. For the relationship prior to the user's acceptance of the changes, the previously valid version of the terms and conditions applies. The user can obtain any previous version of the terms and conditions from the provider.

If required by law, the provider will inform users in advance about the effective date of the amended terms and conditions.

Assignment of rights and obligations

The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace by novation or pass on all rights and obligations arising from these terms and conditions.
The provisions regarding changes to the terms and conditions apply accordingly.

Users may not assign or transfer their rights or obligations under the Terms and Conditions 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.

Severability clause

Should any provision of these Terms and Conditions be or become 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 ineffective or unenforceable provisions will be interpreted and modified to the extent that they become effective, enforceable, and in accordance with the original purpose. These Terms and Conditions constitute the entire agreement between users and the provider regarding the subject matter of the contract and supersede all other communications between the parties concerning the same subject matter, including any prior agreements.
These terms and conditions will be enforced to the fullest extent permitted by law.

EU users

Should any provision of these Terms and Conditions be or be deemed to be ineffective or invalid, the parties shall make every effort to reach an amicable agreement on valid and enforceable provisions and thus replace the ineffective, invalid or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, provided this is permissible or provided for under the applicable law.

Notwithstanding the foregoing, the invalidity, unenforceability, or unenforceability of individual provisions of these Terms and Conditions shall not render the entire agreement invalid, unless such provisions are essential to the contract or are 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 an unreasonable hardship for one of the parties, the invalidity of the individual provision shall render the entire agreement invalid.

Applicable law

These terms and conditions are governed by the law of the place where the provider is located, excluding conflict of laws rules. Users can find the location of the provider in the relevant section of this document.

Primacy of national law

However, if the law of the country where the user is located provides for a higher standard of consumer protection, then that higher standard applies.

Exceção para Consumidores no Brasil

It is qualified as a consumer in Brasileiro and a product and/or service for commercialization in Brazil, which is subject to a Brazilian law.

Jurisdiction

The courts of the place where the provider is based – as indicated in this document – ​​shall have exclusive jurisdiction over all disputes arising out of or in connection with these terms and conditions.

Exception for European consumers

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

Exceção para Consumidores no Brasil

It is not a replica of a Brazilian user who qualifies as a consumer.

Dispute resolution

Amicable dispute resolution

Users can address any disputes to the provider, who will attempt to settle them amicably.

The user's right to take legal action remains unaffected. However, in the event of disputes concerning the use of the service (this application) or the service itself, the user is requested to contact the provider using the contact details provided in this document.

The user may send the complaint, including a brief description and, if applicable, details of the related order, purchase or account, to the provider's email address specified in this document.

The provider will process the request immediately, within 2 days of receipt.

Online dispute resolution for consumers

The European Commission has established an online platform for alternative dispute resolution, which offers an out-of-court procedure for resolving disputes relating to online contracts with consumers.

As a result, consumers in the EU, Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is accessible via the following link.