Terms of Service (TOS)

[deutsch]

1. General - Scope of Application

1.1 These General Terms and Conditions apply to all business relationships between you and IDIO Daten Import Export UG (limited liability), hereinafter referred to as "us" or "we." They are part of every contract we conclude with you and also apply to future services and offers, even if not separately agreed upon again.

1.2 The terms and conditions provided by you or third parties do not apply and do not become part of the contract, even if we do not expressly object to them.

1.3 We reserve the right to change our General Terms and Conditions, system policies, and prices with prior notification to the email address provided by you.

1.4 Our employees and third parties commissioned by us are not authorized to make oral agreements or give assurances.

2. Conclusion, Duration, and Termination of the Contract

2.1 The contract is formed either when you accept our binding offer or when you directly place a binding order with us, subject to our acceptance in accordance with the provisions in point 2.4.

2.2 Our public offers are non-binding and may change technically or otherwise within reasonable limits.

2.3 You confirm that the data provided by you is correct and complete and inform us in writing about any changes, at the latest within 14 days. Upon request, you must provide corresponding evidence of the accuracy of the data.

2.4 By placing your order, accepting an offer, or placing an order, you make a binding contractual offer. We have the right to accept or reject the contractual offer contained in your order within five working days after receipt.

2.5 Unless otherwise agreed, contracts are concluded for an indefinite period.

2.6 The contract can be terminated by both parties with a notice period of three months to the end of a quarter without stating reasons. Different notice periods may apply to customers, depending on the agreement. Termination can be made in writing by letter or email.

2.7 We also reserve the right to terminate the contractual relationship without notice for good cause. Such good cause exists, for example, if you fail to fulfill your payment obligations or violate other essential duties. Another significant reason that can lead to suspension or immediate termination is if you use content that impairs the proper operation or security of the infrastructure or the product or violates clauses 7.1 - 7.2 of these General Terms and Conditions.

2.8 If you wish to transfer your contractual rights and obligations to a third party, our consent is required. Such a transfer must be made in writing. We reserve the right to verify the legitimacy and identity of the third party.

3. Scope of Services

3.1 The scope of services included in the contract is determined by the valid offer information at the time of the order and the resulting written agreements. We reserve the right to discontinue free services with prior notice or offer them only for a fee.

3.2 We undertake reasonable efforts to ensure an availability of our services of an average of 99% per year.

3.3 The exact details of the services are specified in the respective product descriptions, service offers, and individual agreements.

3.4 If we provide additional services beyond the included services in the description, these will be billed separately, according to the agreed conditions with you.

4. Payment Terms and Default

4.1 The agreed services will be invoiced at the agreed prices, plus statutory value-added tax.

4.2 Depending on the agreement, billing will be done monthly, quarterly, or annually, using the agreed payment methods. As a customer, you must comply with the terms of the payment service used.

4.3 If you exceed the agreed payment deadlines, we are entitled to charge default interest from the due date, even without a reminder. The amount of interest is determined by the provisions of § 288 BGB (German Civil Code).

4.4 You are obliged to pay all fees and taxes incurred due to your use of the services or by third parties commissioned by you. Invoicing will be provided solely in electronic form free of charge and is valid without a signature. If you wish to have postal delivery, corresponding fees will apply.

5. Data Protection

5.1. When processing data, we comply with the provisions of the General Data Protection Regulation (GDPR). Further information can be found in our privacy policy.

5.2. If you, as a customer, use our services and process personal data of third parties, you are solely responsible under data protection law. We process personal data only as a data processor in accordance with Article 28 GDPR when you conclude a separate contract for data processing with us. Such a contract for data processing is not automatically concluded. However, we offer you the opportunity to enter into a corresponding contract for data processing, supplemented by EU Standard Contractual Clauses if you order products located in a third country.

5.3. We would like to point out that we generally do not verify whether you process personal data. It is your responsibility as a customer to determine whether you process personal data of third parties, for what purpose such data is processed, and to which categories the personal data and data subjects are assigned. Until we receive a contract for data processing with the necessary information from you, we assume that you do not process personal data of third parties with our services. Therefore, we do not take actions based on data protection law.

5.4. We would like to inform you that there is no complete protection for data transmissions on the Internet that complies with the current state of technology. As a customer, you are responsible for the security of the data transmitted by you.

6. Use by Third Parties

6.1. The customer can grant third parties the contractual right of use to the services commissioned by them. However, the customer remains the sole contractual partner. The customer is solely responsible and liable in full for compliance with the contractual agreements between them and us.

6.2. The customer ensures that all legal and contractual provisions are complied with already when transferring the right of use.

6.3. If the third party authorized by the customer violates their contractual obligations, fails to fulfill their cooperation obligations, provides incorrect or incomplete data, or other problems arise in connection with the granting of these usage rights, the customer is fully liable for all resulting damages. Furthermore, the customer shall indemnify us from any claims asserted by third parties or other parties against us.

7. Use of Services / Content

7.1. It is the customer's responsibility to comply with the legal provisions resulting from the use of our agreed services. This includes the Telecommunications Act of Germany, the Telemedia Act of Germany (TMG), as well as national and international industrial and intellectual property rights, personality rights, competition, and data protection regulations. You should independently review and comply with these provisions. In addition, you indemnify us from all claims arising from breaches of these duties by third parties.

7.2. The customer undertakes not to publish content that violates the rights of third parties or otherwise violates applicable law. This includes, in particular but not exclusively, pornographic or obscene material, extremist or morally offensive content, gambling, and material that could seriously endanger children or young people or violate the rights of third parties (copyright, name rights, trademark rights, data protection rights). This also includes the publication of defamatory content, insults, or vilifications of individuals or groups of people.

7.3. If we become aware of unlawful actions, we are obligated according to § 10 TMG to prompt you to immediately remove the contested content, and we reserve the right to block your access.

8. Liability

8.1. The use of the services is at your own risk. We are liable only for damages caused by intentional or grossly negligent conduct on our part, but not for lost profits. In the case of negligent breaches that are not grossly negligent or intentional, we are liable only for the foreseeable damage that typically arises in such contracts. The liability is limited to a maximum of 100% of the monthly costs for the product used by you.

8.2. If you violate the obligations mentioned in section 7, especially legal prohibitions and prevailing moral values, you are liable to us for all resulting direct or indirect damages, including financial losses. In addition, you undertake to indemnify us from all claims by third parties arising from your violations, regardless of the legal basis. This indemnification obligation also includes all costs incurred in connection with defending against such claims.

9. Right of Withdrawal

9.1. You have the right to withdraw from this contract without giving any reason within fourteen days from the date of contract conclusion. To exercise your right of withdrawal, you must inform us clearly and unambiguously (e.g., by post or email) that you wish to withdraw from the contract. It is sufficient if you send your notice of withdrawal before the fourteen-day period expires.

9.2. If the withdrawn contract concerns a service that has already commenced, you must pay the corresponding proportional amount.

10. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

11. Final Provisions and Severability Clause

11.1. These General Terms and Conditions and the contractual relationship between you and us are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods and international private law shall not apply.

11.2. For all disputes arising from the contractual relationship, our registered office in Berlin is the exclusive place of jurisdiction, even for international cases. However, we reserve the right to file a lawsuit at your place of jurisdiction. Legal provisions on exclusive jurisdictions remain unaffected.

11.3. If any provision of our General Terms and Conditions or a product-specific contract is or becomes invalid or unenforceable, in whole or in part, this shall not affect the validity of the remaining provisions. The same applies if a gap is found in this contract. Instead of the invalid or unenforceable provision, an appropriate provision shall apply that corresponds to the meaning and purpose of the invalid or unenforceable provision or the presumed intention of the parties, to the extent legally permissible, and the parties would have considered this if they had been aware of the invalidity or unenforceability.