General terms and conditions of Platingroup GmbH for the use of the Slides2Go Presentation tool (last updated August 11, 2014)
1. Area of application, definition of terms
1.1. The following general terms and conditions regulate the contractual relationship between Pla-tingroup GmbH, Theodor-Heuss-Strasse 8, 70174 Stuttgart, Email firstname.lastname@example.org (hereinaf-ter referred to as “Platingroup”) and consumers in accordance with § 13 BGB (German Civil Code), as well as corporate/commercial clients in accordance with § 14 BGB (hereinafter refer-red to as “user”) concerning the use of the presentation tool “Slides2Go” (hereinafter referred to as “product” or “Slides2Go”).
1.2. Conflicting, deviating or supplementary conditions from users, which are in conflict with these terms and conditions, are not applicable. Such conditions apply only if Platingroup gives express written agreement.
2. Conclusion of the contractual relationship, Slides2Go user account
2.1. You may register for the use of the Slides2Go App/presentation tool (hereinafter simply “Sli-des2Go) as an individual or as a legal entity. Individuals must be at least 14 years of age and re-quire the consent of their legal guardian, unless there is a statutory exception, for the use of the commercial (“S2G Professional”) version. Registration of a legal entity may only occur through an authorized representative, who must be designated by name.
2.2. Users require a Slides2Go account in order to use Slides2Go. The Slides2Go account may be created and subsequently deleted by each user individually. Platingroup requires the following information at the time of registration: Email address, first and last names, as well as address, for use of the commercial (“Slides2Go Professional”) version.
2.3. At the conclusion of the registration process, Platingroup will offer the user a contract for the use of either the cost-free (“S2G Lite”), or the commercial (“S2G Professional”) version with ex-tended functionality based on these terms and conditions. Platingroup may make such an offer by sending an email containing a confirmation link to the user. By activating the confirmation link, the user accepts the offer to conclude a license agreement in accordance with these terms and conditions. The contract for use of the App becomes valid with this action.
2.4. The use of Slides2Go is unlocked immediately upon activation of the confirmation link by the user.
3. Right of use
3.1. Upon the download and/or installation of Slides2Go, Platingroup shall grant the user an object code that allows a basic, non-transferable, non-sublicensable right to use in accordance with the terms and conditions.
3.3. The right to use ends upon expiration of the contract period. Further use is only authorized with the conclusion of a new license agreement.
3.4. The user has no right of ownership to Slides2Go at any time, since the contract applies only to a limited right to use Slides2Go for a specific contract period.
4. Consent to advertising via email
Upon registration, the user grants Platingroup the right to send email messages with informati-on about product improvements, insofar as the user agrees to the use of their email address for delivery of such email messages.
5. Payment, duration, termination, discontinuation of services, changes to the terms and conditions
5.1. The presentation tool, Slides2Go, is available in a cost-free (“S2G Lite”) and a commercial (“S2G Professional”) version with expanded functionality. The commercial version can be registered as a monthly subscription.
5.2. The prices for use of Slides2Go are net, any legal sales tax applicable at the time of provision.
5.3. Payment is due at the time of commencement of the contract without deductions. The contract begins upon confirmation of the contract by email by Platingroup. Payment can be made using PayPal, or by using a credit card through the online payment system “Paymill”.
5.4. Should the user default on their payment obligation, Platingroup is authorized to charge in-dividual users penalty interest in the amount of 5% above the base lending rate, and to charge corporate/commercial clients a penalty of 9% above the base lending rate. Default of payment default takes effect in the case of non-payment either 30 days after due date wit-hout a reminder, or on the day following any reminder. Platingroup is authorized to assert further clams for damages, in particular, higher interest and additional charges, and remin-der fees in the amount of €10.00 per reminder. In addition, Platingroup may charge the user a one-time payment of over €40.00 at the time of default.
5.5. Should the contract for the commercial (“S2G Professional”) version not be terminated by a contract partner immediately preceding the agreed upon/annual contract period, the contract is extended by one month. The contract for the cost-free (“S2G Lite”) version may be terminated at any time with immediate effect by the user and by Platingroup at the end of the registered duration with a grace period of 14 days.
5.6. The right to a termination without notice for good cause remains unaffected by the preceding. Good cause is, in particular, a default in payment of more than 35 days, a copyright violation or other misuse of Slides2Go.
5.7. Terminations must be made in writing by email in order to be effective.
5.8. Platingroup retains the right to convert or otherwise modify the services of the cost-free (“S2G Lite”) version at any time.
5.9. The user will be notified of amendments to these terms and conditions via email. If the user does not dispute these amendments at least in writing within two weeks of receipt of the email, the amendments shall be considered to have been agreed upon. In the case of amendments to the terms and conditions, the user will be notified explicitly of the right to dispute and the conse-quences of non-response. In the case of a timely termination, the original regulations apply instead of the amendments.
6. Rights and obligations of the user from the the license agreement
6.1. Each user of Slides2Go bears the comprehensive responsibility for their activities within the App/presentation tool.
6.2. The right to use Slides2Go cannot be transferred to third parties without the previous, explicit agreement of Platingroup at least in writing.
6.3. The user agrees not to misuse Slides2Go and therefore agrees to adhere to the statutory regula-tions, in particular not to violate the established laws of the Federal Republic of Germany. Misuse has occurred if Slides2Go is used for illegal purposes insofar as content and/or state-ments which are illegal are transmitted and/or otherwise published, in particular content that is insulting, glorifies violence, discriminates or is pornographic. It is the users responsibility to pre-vent misuse by ensuring that they do not violate regulations or the rights of others (e.g. infrin-gement of copyright and trademarks, character defamation and violations of competition laws) with the transmission of content (text, images, photos, videos, names, brands, among others).
6.4. Additionally, the use of offensive content, ambiguous terms and other portrayals are prohibited, the legality of which is assumed but not subsequently proven.
6.5. User actions directed at making the services of Slides2Go or the App nonfunctional or at least to hinder their use are prohibited and could result in civil and criminal prosecution. Particularly prohibited are measures which could influence the physical and logical structure of the services.
6.6. In the case of misuse of their Platingroup account, the user is obligated indemnify Platingroup of any claims resulting from the misuse. Furthermore, the user shall protect against access to their account by third parties and to maintain confidentiality of their password. The user is liable for any unauthorized use of their account resulting from their actions insofar as they are at fault. The user shall notify Platingroup immediately should there be reasonable suspicion of misuse of their account.
6.7. It is the responsibility of the user to safeguard data on the end device used through a personal password.
6.8. Furthermore, the user is obligated to display any change to the address information associated with the order by updating their user information.
7. Rights and obligations of Platingroup arising from the license agreement
7.1. Platingroup retains the right to disclose user information under special circumstances if they have reason to assume that the disclosure is required in order to identify, contact or make claim against any person who has violated the rights or property (intentionally or unintentionally) of Platingroup, or has caused harm to other users of the website or third parties through their ac-tions.
7.2. Platingroup makes no claim of ownership to the external content stored by the user. Insofar as they are aware of any illegal content, this shall be deleted.
7.3. In the case of a violation of these terms and conditions by a user or the reasonable suspicion of such, the respective user shall be banned and, if applicable, the content used by them or addressed to them shall be deleted immediately. Platingroup shall warn the user with a reasonable grace period before exclusion, except in the event the violation is of such a serious nature that continuation of the license agreement would be unreasonable to expect of Pla-tingroup.
8. Guarantee (remediation of defects) and liability
8.1. In the case of a commercial license agreement, Platingroup guarantees that, in the case of use according to the license agreement, Slides2Go shall comply with the contractual conditions and is not afflicted with defects that would preclude its use, or that would minimize that use and the suitability and usability of Slides2Go for use in accordance with conditions, as well as the rights of use granted to third parties.
8.2. The guarantee against defects does not extend to damages which occur by reason of erroneous operation, excessive demands, unsuitable operating resources or due to particularly external in-fluences which are not covered in the contract, as well as software errors which are not repro-ducible.
8.3 In the case of the cost-free and commercial license agreement, Platingroup shall bear no respon-sibility for a loss or reduction of access to the services and the App caused by interruptions which fall outside the technical influence of Platingroup. Also, there is no guarantee made that the up-loaded/shared slides will reach the receiver.
8.4. Furthermore, Platingroup accepts no warranty claims for an expected satisfactory quality or for the capability of the App and its services to interact with other products. A guarantee and liability of Platingroup for errors or damages caused by use of software from third parties are also excluded, in particular, but not limited to the operating systems of iOS and Android.
8.5. In the case of the cost-free license agreement, Platingroup makes no guarantee that Slides2Go and its services will be available at all times and free from defects. In the case of a commercial li-cense agreement, if Slides2Go is defective, e.g. provision of the contractual performance is inter-rupted by circumstances that fall outside of Platingroup sphere of responsibility, the user must report this to Platingroup. Such defects for which Platingroup is responsible are to be remedied without undue delay. If Platingroup fails to achieve performance in accordance with the contract after the twofold expiration of a reasonable grace period after legitimate reporting, the user is entitled to terminate the contract. In this case, any amount already paid by the user will be reim-bursed.
8.6. In the case of defects in Slides2Go which already existed at the time of conclusion of the contract, liability without fault is excluded in accordance with § 536 a Par. 1 1. Alt. BGB (German Civil Code).
8.7. User claims for damages in the case of cost-free license agreement:
Platingroup is liable for damages and reimbursement without limitation, insofar as their agents are at fault for intentional or gross negligent actions. Liability for slight negligence is excluded.
8.8. User claims for damages in the case of commercial license agreement:
Platingroup is liable for damages and reimbursement without limitation, insofar as their agents are at fault for intentional or gross negligent actions, as well as for user claims for damages resul-ting from injury to life or limb or to health. In the case of slight negligence of significant contrac-tual obligations (basic obligations) by Platingroup, their legal representatives or agents, the liabi-lity for contractual damages at the time of conclusion of the contract is limited to five times the yearly payment. Significant contract obligations are those which are necessary to fulfill the objec-tives of the contract. Moreover, the liability for damages resulting from minor negligence and because of lost profits, personal additional expenditure, loss of use and/or because loss of sales is excluded.
9. Use of data, data protection
9.1. In order to use the product, Slides2Go, the user makes data such as files, content, contacts and so on, available to Platingroup. This data remains the property of the user.
9.2. In order to host the data, storing such data, and make it available upon request, a corresponding permission to process the data is automatically granted by the client at conclusion of the contract. Slides2Go also offer functions such as file conversion to additional formats, thumbnails of videos and photos, preview of documents, email organization, easy sorting, editing sharing and searching. These and other functions require system access of the client’s data. The approval for this is granted upon the conclusion of the contract.
10. Cancellation policy
10.1. In the case of a commercial license agreement, users are entitled to a right of cancellation of 14 days in accordance with the following regulations:
Right of cancellation
You have the right to cancel this contract within 14 days without providing a reason.
The cancellation period is 14 days from the day of the conclusion of the contract.
In order to exercise your right of cancellation, you must inform us (Platingroup GmbH, Theodor-Heuss-Strasse 8, 70174 Stuttgart, email info@Slides2Go.com, Fax 0049 711/2308000) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel the contract. You may use the attached sample cancellation form, the use of which is, however, not mandatory.
For the cancellation period to be valid, it is sufficient to send the notification of exercising the right of cancellation prior to the expiration of the cancellation period.
Consequence of cancellation
If you cancel this contract, we must return all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your having selected a type of delivery other than the economical one recommended by us), without delay and, at the latest, within 14 days from the day on
which we received the notification of your cancellation of this contract. We will use the same pay-ment method for reimbursement as was used for the original transaction, unless another agreement has been made explicitly with you; in no case will you be charged any fees for the reimbursement.
If you have demanded that the services shall begin within the cancellation period, you are required pay us a reasonable amount that corresponds to the portion of those services which you already received until the time at which you informed us of your intent to exercise your right of cancellation, in comparison with the services provided for in the entire length of the contract.
*** End of the cancellation policy ***
Sample Termination form
I/we (*) hereby cancel the contract that I/we (*) concluded for
the delivery of the following service (*)
Ordered on (*)/received on (*)
Name(s) of user(s)
Address of user(s)
Signature of the user(s) (only in the case of notification on paper)
(*) Cross out non-applicable.
You may fill out and send the sample cancellation form or another clear declaration electronically on our website <http://www.slides2go.com/widerrufsformular>. If you make use of this option, we will immediately send you a confirmation (e.g. email) of receipt of your cancellation notification.
11. Final provisions
11.1. In the case of clients who are business persons or a legal entity under public law or special assets of public law, or who have no general legal status in Germany or move their official location after conclusion of the contract, or whose place of residence is not known at the time of the complaint, the responsible court for all contracts which have been concluded in accordance with these terms and conditions is that responsible for the legal status of Platingroup in Stuttgart, Germany.
11.2. Legal jurisdiction is Stuttgart, Germany.
11.3. As they apply to contractual relationships, German law shall apply with the exclusion of UN conventions Contracts for the international sale of goods (CISG).
11.4. Customer claims may be assigned only with the consent of Platingroup.
11.5. All agreements made between Platingroup and the user must be made in writing via post. Verbal agreements are not valid.
11.6. In the case of individual conditions of the license agreement, including these terms and conditions in their entirety or in part be non-valid, the remainder of conditions still apply.
11.7. The german version of the General Terms and Conditions shall be binding.
Stuttgart, August 11, 2014