IMPRINT & LEGAL NOTICES / IMPRESSUM

mailspice GmbH
Am Weissen Berg 5
61476 Kronberg im Taunus
Germany

Tel: +49(0)6173 7003 999
Fax: +49(0)6173 7003 999

Please contact us via email / bitte kontaktieren Sie uns per E-Mail: hello@mailspice.com or via our online support platform / oder über unsere Kontaktplattform: https://support.mailspice.com

Authorized to represent:
Bjoern Koester (Managing Director / Geschäftsführer)

Registered with commercial registry
Company’s registered office / Sitz der Gesellschaft:
Kronberg im Taunus, Germany
Registry / Handelsregister: Amtsgericht Königstein i.Ts., HRB 9417
VAT ID / EU Tax ID / USt-IdNr.: DE308289851

Responsible for content according to / verantwortlich nach § 55 para. 2 RStV: Bjoern Koester

Please Note: We are only accepting orders from business customers according to our own Terms and Conditions.
Bitte beachten Sie: Wir akzeptieren lediglich Bestellungen von Geschäftskunden unter Geltung unserer Allgemeinen Geschäftsbedingungen: Terms and Conditions.

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Our General Terms and Conditions (GT&C)


General Terms and Conditions for the Use of E-Mail-Marketing Solutions
as of 22. December 2016

 

Section 1 
Applicability, Exclusivity
  1. These GT&C shall apply exclusively to all services rendered by the Licensor to the Licensee in connection with the provision of access to the Platform as described hereunder.
  1. General terms and conditions of the Licensee shall not apply.

 

Section 2 
Definitions

Account” means an account enabling one or several Users to access and use the Platform;

Administrator” means a User within an Account that has more extensive management rights than a User, e.g. to view, manage and modify certain contractual aspects of the Agreement;

Agreement” means these GT&C, the Documentation and each separate agreement between the Licensor and the Licensee with respect to the provision of access to the Platform, including any subscriptions to plans, agreements on commissioned data processing or other amendments to the Agreement as agreed and/or amended from time to time;

ACDP” means the Agreement on Commissioned Data Processing provided by the Licensor on his website;

Business Day” means Monday to Friday with the exception of public holidays at the location of the Licensor’s registered office;

Confidential Information” means each and every technical and economic piece of information of or in connection with the Agreement and its execution which has been declared to be confidential by the party disclosing it or whose confidentiality is apparent due to other circumstances and of which the other party has gained knowledge before concluding the Agreement or during its Term;

Documentation” means the documentation for the Platform that the Licensor may produce and/or deliver or make available to the Licensee regardless whether such documentation is in written or electronic form;

Dormant Account” means an Account without an active subscription plan where the Licensee remains able to access and review information created in the course of past subscriptions;

“Effective Date” means the date of execution of the Agreement;

Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected, including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

GT&C” means these general terms and conditions;

Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or non-registrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

Licensor” means mailspice GmbH, Am Weißen Berg 5, 61476 Kronberg im Taunus, Germany;

Licensee” means the corporate entity using the Licensor’s Platform under this Agreement;

Licensee Data” means all data, works and materials uploaded to or stored on the Platform by the Licensee; transmitted by the Platform at the instigation of the Licensee; supplied by the Licensee to the Licensor for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Platform by the Licensee;

Maintenance Services” means the general maintenance of the Platform, and the application of Updates and Upgrades;

Platform” means the platform managed by the Licensor and used by the Licensee by accessing it via the internet and in accordance with the Agreement;

Platform Defect” means a defect, error or bug in the Platform having a material adverse effect on the operation, functionality or performance of the Platform, but excluding any defect, error or bug caused by or arising as a result of:

(a) any act or omission of the Licensee or any person authorized by the Licensee to use the Platform;

(b) any use of the Platform contrary to the Documentation, whether by the Licensee or by any person authorized by the Licensee;

(c) a failure of the Licensee to perform or observe any of its obligations in the Agreement; and/or

(d) an incompatibility between the Platform and any other system, network, application, program, hardware or software not specified as compatible in the Documentation;

Support Services” means support in relation to the identification and resolution of errors in the Platform;

Supported Web Browser” means the current release from time to time of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the Licensor agrees in writing shall be supported;

Term” means the term of the Agreement, commencing in accordance with Section 12;

Update” means a hotfix, patch or minor version update to any Platform software or the Platform with minor functional improvements and/or enhancements;

Upgrade” means a major version upgrade of any Platform software or the Platform which may or may not contain new features and/or new performance elements; and

User” means a registered user within an Account with a mere right to use, access and manage certain projects as defined by the Administrator in accordance with the Agreement.

 

Section 3  
The Platform, Usage
  1. The Platform contains an e-mail-marketing toolbox that provides professional solutions for e-mail-marketing campaigns. The amount and extent of accessible functions, modules and concurrent user and project licenses is determined by the Licensee’s subscription plan and optional add-on packs which the Licensee can view, manage and modify by accessing his Account as an Administrator.
  1. In order to be able to use the full extent of all accessible functions including personal data processing such as IP address and user identification, the Licensee is required to send to the Licensor a signed copy of the ACDP. If the Licensor is to commence the activation of locked features before receiving the signed ACDP in written form, the Licensee shall send a scanned copy to the Licensor by e-mail in advance. In this case, the Licensee shall remain obligated to transmit the original copy to the Licensor upon request.
  1. The Licensor shall ensure that the Platform will, upon registration of the Licensee, automatically generate an Account for the Licensee and provide to the Licensee login details for that Account. The Account grants the Licensee the number of concurrent user and project licenses as specified within the details for the plan subscribed by the Licensee. For each Account, at least one user license is reserved for an Administrator. An Administrator may determine the status of any additional concurrent user licenses within the same Account as Administrator or User.
  1. The Licensee may at any time increase the amount and extent of accessible functions, modules and concurrent user and project licenses by booking add-on packs and/or an upgrade to a bigger plan. Any increase or upgrade will be available immediately.
  1. The Licensee may at any time decrease the amount and extent of accessible functions, modules and concurrent user and project licenses by terminating his subscription to add-on packs and/or downgrading to a smaller plan. Any decrease or downgrade will come into force upon the beginning of the accounting period following the Term at the time of the decrease of downgrade.
  1. The Licensor hereby grants to the Licensee a worldwide, non-exclusive, sublicensable right to use the Platform by means of a Supported Web Browser for the purposes of and in accordance with the Agreement and any Documentation during the Term.
  1. The license granted by the Licensor to the Licensee under the Agreement is subject to the limitation that the Licensee’s Account may not be used at any point in time by more than the number of concurrent users as specified in the Account, providing that the Licensee may add or remove concurrent user licenses.
  1. Except to the extent expressly permitted in the Agreement or required by law on a non-excludable basis, the license granted by the Licensor to the Licensee is subject to the following prohibitions:

(a) the Licensee must not permit any unauthorized person to access or use the Platform;

(b) the Licensee must not grant any third party access as Administrator; and

(c) the Licensee must not make any alteration to the Platform, except as permitted by the Documentation.

  1. The Licensee shall use reasonable endeavors, including reasonable security measures relating to Account access details, to ensure that no unauthorized person may gain access to the Platform using an Account.
  1. The Licensor shall use all reasonable endeavors to maintain the availability of the Platform to the Licensee at the gateway between the public internet and the network of the hosting services provider for the Platform, but does not guarantee 100% availability.
  1. For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of the Agreement:

(a) a Force Majeure Event;

(b) a fault or failure of the Licensee’s computer systems or networks;

(c) any breach by the Licensee of the Agreement; or

(d) scheduled maintenance carried out in accordance with the Agreement.

  1. The Licensee must not use the Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform.
  1. The Licensee must not use the Platform:

(a) in any way that is unlawful, illegal, fraudulent or harmful; or

(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

  1. For the avoidance of doubt, the Licensee has no right to access the software code (including object code, intermediate code and source code) of the Platform, neither during nor after the Term.
  1. The Licensor may suspend the provision of access to the Platform if any amount due to be paid by the Licensee to the Licensor under the Agreement is overdue.
  1. The Licensee is responsible for the provision of all third party software and hardware that is required to access the Platform as well as for maintaining their functionality.

 

Section 4  
Maintenance Services
  1. The Licensor shall provide the Maintenance Services to the Licensee during the Term.
  1. The Licensor shall, where practicable, give to the Licensee at least 5 Business Days prior written notice of scheduled Maintenance Services that are likely to affect the availability of the Platform or are likely to have a material negative impact upon the Platform, without prejudice to the Licensor’s other notice obligations under this the Agreement.

 

Section 5  
Material and legal defects
  1. The Platform is provided as specified within the order confirmation in compliance with the services contracted by the Licensee.
  1. Without detriment to deviating agreements, the Licensor owes the provision of Maintenance Services of average kind and quality.
  1. The Licensor shall maintain the agreed condition of the Platform during the Term. With respect to curing Platform Defects, the Licensor may choose to supply a replacement or rectify the defect. Rectification can mean, among other things, provision and or/installation of a new version of the Platform software or the Platform or a work-around or the provision of amended Documentation. A rectification shall be deemed a permanent remedy if the Platform Defect is cured or bypassed and no significant functional impairment remains.
  1. In case third party rights exist which prevent the use of the Platform by the Licensee in accordance with the Agreement, the Licensor, at his sole discretion, will either procure and provide to the Licensee the unimpaired right to use the Platform in accordance with the Agreement or modify the Platform so it ceases to infringe third party rights or provide to the Licensee a service containing the same functions without infringing third party rights. To the extent that the measures described under sentence 1 are impossible to accomplish with reasonable efforts, the Licensor is entitled to terminate the Agreement without notice. Upon such termination, the Licensee’s duty to pay the license fee ends.
  1. The Licensee may only terminate the Agreement in accordance with section 543 (2) sentence 1 No. 1 BGB (German Civil Code) for not granting the Licensee access to the Platform in accordance with the Agreement if the Licensee has given the Licensor the opportunity to rectify the Platform Defects and rectification has failed or if the Licensor rejects to commence of complete rectification measures.
  1. In case the Licensee’s request to rectify a defect is not based on the existence of a Platform Defect, the Licensee shall be liable to compensate the Licensor for his Support Services. This particularly applies in case the request pertains to a malfunction caused by circumstances which are attributable to the Licensee and for which he is responsible, especially if such malfunction results from using the Platform in conflict with the Agreement or from the operating environment of the Licensee.
  1. For the avoidance of doubt, the Licensor does not owe the provision of Support Services without relation to a Platform Defect.
  1. The Licensee’s rights in case of Platform Defects lapse insofar as he modifies or has others modify the Platform without the Licensor’s consent, unless the Licensee can prove that such modifications do not affect the effort necessary for the analysis or rectification of the Platform Defect in an unreasonable manner. The Licensee’s rights remain unaffected in case he was entitled to carry out modifications and such modifications were executed professionally and are documented in a comprehensive manner.
  1. The Licensor is entitled to use third parties to rectify Platform Defects.
  1. The Licensor may, from time to time and in his sole discretion, decide to offer to the Licensee certain add-on packs free of charge. The Licensor may or may not tag such add-on packs, e.g., as Alpha version (Alpha), Beta version (Beta) or Release Candidate (RC). The Licensor assumes no liability for Platform Defects arising in connection with the Licensee’s use of such add-on packs unless and insofar as he has maliciously concealed the existence of defects within such add-on packs to Licensee.

 

Section 6  
Granting rights/Usage for own purposes/for purposes of affiliated enterprises
  1. Except where explicitly stated otherwise, nothing in the Agreement shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the Licensee.
  1. The Licensor grants the Licensee the right to use the Platform as specified within the Agreement and the Documentation solely for the Licensee’s own purposes.
  1. The Licensor grants the Licensee the non-exclusive and non-transferable right to use the Platform and Documentation during the Term. The Licensee may furthermore sublicense User licenses to third parties in accordance with the Agreement. Rights to the source-code of the Platform are included only to the extent necessary to use the Platform in accordance with the Agreement.
  1. The Licensee shall ensure that, where he grants his employees and/or other third parties the right to use the Platform and the Documentation, this shall not breach any of the Licensee’s obligations under this Agreement.
  1. Supplements (e.g. hotfixes, patches, amendments to the Documentation) or a new version of the Platform or the Documentation (e.g. Updates or Upgrades) intended to replace the preceding version of the Platform, its individual components or the Documentation provided to the Licensee within the context of rectifying Platform Defects or Support Services are governed by these GT&C. The Licensee’s rights in accordance with these GT&C regarding the preceding version of the Platform or Documentation expire automatically upon the Licensee commencing the use of the Platform in its new form.
  1. Subject to the provisions of the Agreement, the rights granted do not include the right to edit, modify, translate or otherwise alter the Platform or the Documentation. The Licensee shall not decompile or disassemble the Platform or use any other form of reverse engineering or use or modify the source-code in any way, unless it is absolutely necessary for using the Platform in accordance with the Agreement.
  1. Except where specifically permitted by the Licensor, the Licensee ensures that neither he nor others prompted by him remove, alter or render unrecognizable any labels within the Platform, particularly copyright notices, trademarks, serial numbers, logos or similar labels.

 

Section 7  
Whitelabel
  1. If the Licensee has booked the Whitelabel add-on pack, then the Licensee, to the extent required to operate the Whitelabel add-on pack in accordance with the Agreement:

(a) is granted the non-exclusive and transferable right to use the Platform and Documentation during the Term; and

(b) may remove, alter and render unrecognizably any labels within the Platform, particularly copyright notices, trademarks, serial numbers, logos or similar labels, provided that the Licensor has marked such as modifiable.

  1. The Licensee will defend, indemnify and hold harmless the Licensor and its officers, directors, employees, contractors, customers and agents from and against any and all claims, losses, liabilities, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or relating to any actual or alleged violation of the rights of a third party (including, without limitation, infringement or misappropriation of any Intellectual Property Rights) resulting exclusively from his alterations and/or modifications to the Platform in connection with the Whitelabel add-on pack.
  1. The Licensor will not settle any claim described under Section 7 para. 2 without the Licensee’s prior written consent, not to be unreasonably withheld, unless such settlement absolves the Licensee of all liability and does not impose any obligations or require the admission of guilt or fault by or upon the Licensee. The Licensor will notify the Licensee of the claim, and the Licensee will perform its obligations regarding such claim, except as otherwise instructed by the Licensor in writing. The Licensor will provide such information and assistance as the Licensee may reasonably request, and as is commercially practicable for the Licensor, at the Licensee’s sole cost and expense. The Licensor will have the right (but no obligation) to participate in the defense of any claim at any time, through counsel of its choosing.

 

Section 8  
Notice of defects and duties of care of Licensee
  1. The Licensee shall notify the Licensor about Platform Defects in comprehensible form and provide all information necessary for the determination and analysis of the Platform Defect. This particularly relates to the steps of procedure that have resulted in the appearance of the Platform Defect, its symptoms and effects.
  1. The Licensee will take suitable precautions to protect the source-code, object-code, software and/or Documentation from any unauthorized access by third parties.

 

Section 9  
Force Majeure Event
  1. If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement, that obligation will be suspended for the duration of the Force Majeure Event.
  1. A party whose performance of its obligations under the Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

 

Section 10  
Liability limitation
  1. The Licensor’s liability for damages resulting from the provision of access to the use of the Platform or in connection therewith is exclusively determined by the following paras. 2 to 7.
  1. The Licensor is, without limitation, liable to the Licensee for damages

(a) in case of intent or gross negligence;

(b) in case of culpable injury to life, limb or health;

(c) in accordance with the provisions of the German Product Liability Act (ProdHaftG); and

(d) to the extent of an assumed guarantee.

  1. The limitation of liability for damages as laid out above does not apply to cardinal duties. In case of a breach of a cardinal duty, Licensor is liable for typically foreseeable damages resulting from an at least slightly negligent breach of his cardinal duties by himself, his legal representatives or vicarious agents. Cardinal duties are all duties whose fulfilment make the due performance of the Agreement possible in the first place and on the observation of which the Licensee may regularly rely on.
  1. In case of data-loss due to slight negligence on behalf of the Licensor, the Licensor is liable only for those damages that would have occurred if the Licensee had regularly conducted data back-ups in a proper manner and under consideration of the significance of the relevant data. If in doubt, it shall be assumed that backing up data every three days is appropriate. This limitation does not apply if the Licensee was hindered or unable to conduct such backups for reasons attributable to the Licensor.
  1. In other cases of slight negligence, the Licensor is liable for damages up to the amount of damages that were foreseeable or should have been foreseeable to the Licensor had he applied due care and attention at thetime when the respective obligation was established.
  1. Any no-fault liability of the Licensor in accordance with section 536a (1) BGB in its first alternative for defects is excluded.
  1. The Licensor shall not be liable for any damages, regardless of their kind, resulting from the provision or use of add-on packs as described in Section 5 para. 10 or in connection therewith. This liability limitation does not apply in case the Licensor acts intentionally or with gross negligence.
  1. The above exclusions and limitations of liability also apply with respect to the personal liability of employees, representatives and members of bodies of the Licensor.

 

Section 11  
Compensation
  1. The Licensor shall issue invoices to the Licensee in advance for the period to which they relate. Invoices will be sent electronically to the e-mail Address specified by the Licensee in his Account.
  1. Charges are due in advance on the day before the commencement of the period to which they relate.
  1. Charges are payable by credit card or direct debit. Following the initial registration of the Account, the Licensee may view, manage and/or alter his registered choice of payment.
  1. Quoted prices do not include value added tax or similar taxes (“Sales Tax”) which the Licensee must pay in addition and in the amount determined by statutory law at the time each invoice is issued. If applicable, value added tax or Sales Tax will be charged separately to the Licensee under relevant tax law and will become payable immediately upon receipt of an invoice reflecting such value added tax or Sales Tax. In case the Licensee is released from the obligation to pay value added tax or Sales Tax or an exception to statutory law applies, the Licensee, without the need of prior request by the Licensor, shall provide to the Licensor the documentation necessary for the Licensor to review and evaluate the matter finally before issuance of the relevant invoice. The Licensor is entitled to invoice value added tax or Sales Tax to the Licensee and the Licensee shall be liable to pay in case necessary documentation does not reach the Licensor in time or if it is incomplete.
  1. The Licensee may offset or exercise a right of retention only insofar as his counter-claims are legally and validly ascertained, acknowledged or accepted by the Licensor. The Licensee may not assign his claims against the Licensor to a third party.

 

Section 12  
Term and termination
  1. The Agreement shall come into force on the Effective Date.
  1. Except where otherwise agreed upon in writing, the Licensee may, within the context of his subscription order, choose a subscription plan as offered by the Licensor.
  1. In case the booked subscription plan has an initial minimum duration period of more than one week up to one month, the minimum duration period is extended automatically by another month if no party terminates the subscription plan with a notice period of one week to the end of the minimum duration period. If the minimum duration of the subscription plan exceeds the period of one month, the minimum duration period is extended by twelve months if no party terminates the subscription plan with a notice period of three weeks prior to the expiration of the initial minimum duration and three months prior to the end of the minimum duration period of any subsequent prolongation.
  1. An Account without an active subscription will automatically be converted to a Dormant Account. In this case, both parties may terminate the Agreement with a notice period of one week. Upon termination of the Agreement, the Licensor shall delete the Account permanently. The Licensee may at any time prior to termination of the Agreement choose to subscribe to a new subscription plan. In this event, the Dormant Account will be reverted back to an Account.
  1. The right to terminate in accordance with Section 5 para. 4 of the Agreement remains unaffected.
  1. The right for each party to terminate the Agreement for cause without notice remains unaffected. The Licensor is particularly entitled to terminate for cause if the Licensee is in default of payment on two successive payment dates or of a portion of payment that is not insignificant; or in case the Licensee is in default of payment for a period of time spanning more than two payment dates in an amount that is at least as high as the amount owed for two months of use. The Licensor may also terminate for cause in case the Licensee breaches his duties determined by these GT&C

(a) repeatedly;

(b) intentionally; or

(c) with gross negligence.

  1. Any termination requires text form (e-mail is acceptable) to be effective.
  1. After the Term has expired, the Licensee shall immediately cease the use of the Platform under his Account and finally delete or destroy all Documentation. The Licensee shall prove observance hereof to the Licensor upon request.

 

Section 13  
Use as reference
  1. Without detriment to this Agreement and subject to the following provisions, no party shall be entitled to use trademarks or logos of the other party publicly without its prior written consent. This does not apply with respect to trademarks or logos on or within the Platform or the Documentation.
  1. The Licensor shall be entitled to identify the Licensee as his customer and, after the Licensee has started to use the Platform, provide information to third parties about the use of the Platform by the Licensee for the purposes of marketing and advertising. Such information shall be limited to information regarding the Licensee that is publicly available with indications to its name, logos and business location as well as information regarding the time and period of use and technical specifications regarding the system used by the Licensee. The disclosure of any other information requires the Licensee’s consent. The Licensee may revoke or restrict his consent only for cause, e.g. in case the Agreement is reversed following a rescission of contract.

 

Section 14  
Confidentiality
  1. During the Term and a following period of two years and subject to provisions within the Agreement, the parties shall keep secret all Confidential Information and prevent unauthorized third parties from accessing it. This particularly relates to contractual items and information regarding the functionality, construction and programming of the Platform.
  1. The confidentiality duties do not apply to Confidential Information that

(a) is or becomes public domain without a breach of this confidentiality obligation by the receiving party;

(b) the receiving party has developed wholly independently of the Confidential Information received from the disclosing party;

(c) the receiving party is required to disclose due to statutory provisions or an enforceable order of a court of competent jurisdiction or of any competent governmental body, provided that the receiving party shall give the disclosing party prompt notice upon becoming aware of such duty to disclose in order to allow the disclosing party to seek protective measures regarding the information to be disclosed, whereas the receiving party shall provide full support to the disclosing party in seeking such measures; or

(d) the receiving party has acquired from a third party without a breach of this confidentiality obligation.

  1. This confidentiality obligation shall also apply with respect to the source-code and the Platform software and stay in force for a period of three years after the Term has expired.

 

Section 15  
Data protection, ACDP

As it cannot be ruled out that the Licensor gains access to personal data within the context of providing access to the Platform, accessing the Licensee’s system environment for the purposes of providing Support Services or rectifying Platform Defects, the parties agree that such access occurs as commissioned data processing by the Licensor for the Licensee in accordance with the ACDP.

 

Section 16  
Licensee Data
  1. The Licensee hereby grants to the Licensor a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Licensee Data to the extent reasonably required for the performance of the Licensor’s obligations and the exercise of the Licensor’s rights under the Agreement, together with the right to sub-license these rights to the extent reasonably required for the performance of the Licensor’s obligations and the exercise of the Licensor’s rights under the Agreement.
  1. The Licensee is responsible to ensure that the use of the Licensee Data by the Licensor in accordance with the Agreement shall not:

(a) breach the provisions of any law, statute or regulation;

(b) infringe the Intellectual Property Rights or other legal rights of any person; or

(c) give rise to any cause of action against the Licensor.

  1. If the Licensee, after making reasonable efforts to determine that the Licensee Data meets the requirements set forth in para. 2, is unable to rule out any doubt regarding the compliance of the Licensee Data, the Licensee shall notify the Licensor and, upon request, present all available information and documentation relating to the matter in a comprehensible manner. The Licensee shall refrain from making available such potentially non-compliant Licensee Data to the Licensor without the Licensor’s prior written request. Upon discovery of non-compliant Licensee Data, the Licensor shall be entitled to immediately and without notice delete it permanently.
  1. The Licensor shall create a back-up copy of the Licensee’s Data at least once per week, and shall ensure that each such copy is suitable to enable the Licensor to restore the Platform to the state they were in at the time the back-up was taken, and shall retain and securely store such copy for a minimum period of 30 days.
  1. The Licensor shall use all reasonable endeavors to restore the Licensee Data stored in any back-up copy created and stored by the Licensor in accordance with Section 16 para. 3 to the Platform within a reasonable time. The Licensee acknowledges that this process will overwrite the Licensee’s Data stored on the Platform prior to the restoration.

 

Section 17  
Benchmark
  1. The Licensor is entitled to collect technical information regarding the use and operation of the Platform by the Licensee by automated means. The Licensor uses such data to calculate average scores (Benchmark).
  1. The Licensor may use the collected technical information in aggregated form, i.e. generating arithmetic means of data collected from a multitude number of licensees or other third parties without the possibility to implicate any licensee or natural person directly, as Benchmark data for third parties and disclose to them such Benchmark data.

 

Section 18  
Miscellaneous
  1. German law applies exclusively. The United Nations Convention on Contracts for the International Sale of Goods (CSIG) shall not apply.
  1. These GT&C may not be modified or amended except by a written document signed by or on behalf of each of the parties.
  1. The Licensee may not assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under the Agreement without the prior written consent of the Licensor.
  1. The legal venue for all legal disputes resulting from or in connection with the Agreement is 61476 Kronberg im Taunus, Germany; in addition to the foregoing, the Licensor remains entitled to take legal action at the legal venue at the Licensee’s registered office.

 

Our Privacy Policy

 

First of all, we would like to thank you for your interest in our company and our innovative products. We take the protection of your personal data (“Data”) and its confidentiality very seriously, and we would like to ensure that you feel secure and confident when visiting our website.

With this privacy policy, we would like to inform you about the Data that we gather, when we do so, and how it is used.

 

1. Personal data

You can make use of our online services without disclosing your identity. Disclosure of Data is purely voluntary. However, if you ask for further information, or sign up for our newsletters or services, we will need certain Data, such as your name and other information about your person in order to provide the requested services to you; we will not use the Data for any other purposes. All Data will be stored on servers located in Germany.

 

2. Cookies

Our website uses cookies at various places. You may find a definition of cookies and their applications as well as measures how to prevent the use of cookies in our Cookie Policy.

 

3. Server log files

Data related to your access and use of our online-services will be stored on our servers for security purposes for a maximum of one week, subject to longer statutory retention periods. The following Data is automatically transmitted by your web browser:

  • IP address
  • Time and date of your server request
  • Web browser type and its version
  • Used operating system
  • Visited web page and referrer URL

The IP address of your accessing client is cut by removing the final tuple prior to its storage. We reserve the right to compile usage profiles using pseudonyms for statistical analysis.

 

4. Piwik

This website and its services may use Piwik, an open-source software for statistical analyses of user accesses. Piwik is installed on our own systems located in Germany. The Data collected by us via PIWIK is never sent to third parties and is only used in order to improve our services. IP addresses are stored without the final tuple.

You can deactivate Data recording by Piwik here (if nothing shows, please whitelist us in your browser ad blocker):

If you have activated the “Do-Not-Track” technology supported by your browser, Piwik will not collect any Data at all.

 

5. Payment processing

By using the payment method “Credit Card payment” all payments are securely processed via the payment solutions provider Stripe Payments Europe Ltd., Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland. Stripe is regulated by the UK’s Financial Conduct Authority (FCA). We will transfer the following data solely for the purpose of order handling to Stripe: credit card details, invoice amount, currency and a unique transaction number. All refunds are also processed through the same company. We do not store or know or hold your credit card or debit card details.

Further details on how data is being processed by the payment solutions provider Stripe can be found in their privacy policy at: https://stripe.com/de/privacy

 

6. Right to information and contact details

Within our services that are behind our login, and within your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us:

  • username and password
  • company name, name
  • email address
  • user profile information
  • other content you have uploaded to the site

The information you can view, update, and delete may change as our service changes. If you have any questions about viewing or updating information we have on file about you, please contact us.

Please send related requests to:

mailspice GmbH
Data Protection Officer
Am Weissen Berg 5
61476 Kronberg im Taunus
Germany

 

 

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