We
reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household, or per order. These restrictions may include
orders placed by or under the same customer account, the same payment method, and/or orders that use the
same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgement, appear to be placed by
dealers, resellers, or distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to our charging
your payment method on a recurring basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable order. The
length of your billing cycle will depend on the type of subscription
plan you choose when you subscribed to the Services.
Cancellation
You can cancel your subscription at any time by logging into your
account. Your cancellation will take effect at the end of the current
paid term. If you have any questions or are unsatisfied with our Services, please email us at christopher.beard@solvecode.de.
Fee Changes
We may, from time to time, make changes to the
subscription fee and will communicate any price changes to you in accordance with applicable
law.
8. REFUNDS
POLICY
All sales are final and no refund will be issued.
You may not access or use
the Services for any purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of
the Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Services and/or
the Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass, abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorised framing of or linking to the
Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ('gifs'),
1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as 'spyware' or 'passive
collection mechanisms' or 'pcms'
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the networks
or services connected to the
Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to
you.
-
Attempt
to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the
Services.
-
Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up
a part of the Services.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any unauthorised
script or other software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorised use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false
pretences
.
-
Use
the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating endeavour
or commercial enterprise.
-
Sell or otherwise transfer your profile.
10. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on
the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, 'Contributions'). Contributions may be viewable by
other users of the Services and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Services' Privacy
Policy. When you
create or make available any Contributions, you thereby represent
and warrant that:
- The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
- You are the creator and owner of or have the necessary
licences, rights,
consents, releases, and permissions to use and to
authorise us, the Services, and other users of
the Services to use your Contributions in any manner contemplated by the Services
and these Legal Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorised
advertising, promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined
by us).
- Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and to promote violence against
a specific person or class of people.
- Your Contributions do not violate any applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference, or
physical handicap.
- Your Contributions do not otherwise violate, or link
to material that violates, any provision of these Legal Terms, or any applicable law
or regulation.
Any use of the
Services in violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the Services.
You and Services agree that
we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or
other feedback regarding the Services, you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership
over your Contributions. You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
12. MOBILE
APPLICATION LICENCE
Use Licence
If you access the Services via
the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and
use the App on wireless electronic devices owned or controlled by you, and to access and use the App on
such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms.
You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws,
rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of
the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or
intended; (6) make the App available over a network or other environment permitting access or use by
multiple devices or users at the same time; (7) use the App for creating a product, service, or software
that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the
App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any
proprietary information or any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications, accessories, or devices for
use with the App.
Apple and Android
Devices
The following terms apply when
you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the
Services: (1) the licence granted to
you for our App is limited to a non-transferable licence to use the application on a device that
utilises the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
licence contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish
any maintenance and support services with respect to the App; (3) in the event of any failure of the App
to conform to any applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for
the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are
not located in a country that is subject to a US government embargo, or that has been designated by the
US government as a 'terrorist supporting'
country and (ii) you are not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms,
and that each App Distributor will have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application licence
contained in these Legal Terms against you as a third-party beneficiary
thereof.
13. SOCIAL
MEDIA
As part of the
functionality of the Services, you may link your account with online accounts you have
with third-party service providers (each such account, a
'Third-Party Account') by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us to access
your Third-Party Account, as is permitted
under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant
that you are entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern your use
of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party
Account (the 'Social Network Content') so that it is available on and through the Services via
your account, including without limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account
additional information to the extent you are notified when you link your account with
the Third-Party Account. Depending on the
Third-Party Accounts you choose and subject
to the privacy settings that you have set in such Third-Party Accounts, personally identifiable
information that you post to your Third-Party
Accounts may be available on and through your account on the Services. Please note that
if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be available on
and through the Services. You will have the ability to disable the connection between
your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network Content. You acknowledge and agree that we
may access your email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through such
Third-Party Account, except the username and
profile picture that become associated with your account.
14. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
15. PRIVACY
POLICY
We care about data privacy and
security. Please review our Privacy Policy:
https://www.iubenda.com/privacy-policy/8043994
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in
Germany
. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
Germany
, then through your continued use of the Services, you are
transferring your data to
Germany
, and you expressly consent to have your data transferred to and
processed in
Germany
.
16. TERM
AND TERMINATION
These Legal Terms shall remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in connection
therewith.
18. GOVERNING
LAW
These Legal Terms are governed
by and interpreted following the laws of
Germany
, and the use of the United Nations Convention of Contracts for the International Sales of Goods
is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally
possess the protection provided to you by obligatory provisions of the law in your country to residence.
solvecode GmbH and yourself both agree to submit to the non-exclusive
jurisdiction of the courts of Bavaria, which means that you may make a claim
to defend your consumer protection rights in regards to these Legal Terms in
Germany
, or in the EU country in which you reside.
19. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a 'Dispute' and
collectively, the 'Disputes') brought by either you or us (individually, a
'Party' and collectively, the 'Parties'
), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding
Arbitration
Any dispute
arising from the relationships between the Parties to these Legal Terms shall be determined by one
arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in
force at the time the application for arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be
Nuremberg,
Germany
. The language of the proceedings shall be German.
Applicable rules of substantive law shall be the law of
Germany
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf of the general public or any
other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
21.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware of
it.
24. USER
DATA
We
will maintain certain data that you transmit to the Services for the purpose of managing the performance
of the Services, as well as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you transmit or that relates to
any activity you have undertaken using the Services. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and on the Services, satisfy any
legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
26. CALIFORNIA
USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all
of our rights and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal Terms or use of
the Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT
US
In
order to resolve a complaint regarding the Services or to receive further information regarding use of
the Services, please contact us at:
solvecode GmbH
Bärensteig 18
Schwabach
, Bavaria
91126
Germany
Phone: +4915222454151
christopher.beard@solvecode.de