These terms of service (henceforth ToS) apply to all business relations between Dirk Steinmetz (henceforth the provider) and his customers or any other party using his services or software (henceforth the customer).
Services offered by the provider are provided exclusively based on these ToS and any other agreement the provider published alongside the offer. Deviating terms of service of the customer are not recognized, unless the provider explicitly accepted such terms.
Legal declarations or notices issued by the customer after a contract has been established (e.g. the setting of deadlines, warning notices, declaration of rescission, cancellation) also require textual form.
The provider may alter these ToS with the consent of the customer, as long as the changes are necessary for legal or technical reasons or due to a change in the products or services of the provider and are appropriate for the customer while taking the interests of the provider into account. The customer's consent is considered granted if the customer does not object within one month after receiving notice of the changes. The provider is obliged to notify the customer of the consequences of omitting objection.
The provider enables the customer to register for an account providing access to additional services through the GeneralSync website. Registration is free of charge and does not cause any obligation to use additional services of the provider. Admission to the services lies with the provider. Only persons of unlimited legal capacity are eligible for registration.
In order to register, the customer electronically completes the registration form and sends it to the provider. The information entered in the registration form is required to be complete and accurate. By completing the registration form, the customer offers to enter a contract governing their account under these ToS. By enabling the customer's access to the new account, the provider accepts that contract.
The customer is required to keep the contact information stored in their account up to date.
The provider may add, remove or alter services accessible through the customer's account or interrupt access to the account for maintenance and updates at any time, without noticing the customer. Furthermore, the provider may terminate the contract governing an account at any time, by notifying the customer of their account's termination in text form, provided that the provider shall take into account any existing interest of the customer to prepare for the end of usability of the account by granting a reasonable notice period. The right to terminate with immediate effect for good reason shall remain unaffected.
The customer may, at any time, terminate the contract governing their account with immediate effect and without reason by declaration in text form.
Upon termination of the contract governing an account, the provider will revoke the customer's access.
Consumers are permitted to withdraw from contracts in accordance with the provisions in this section. A consumer is every natural person entering a legal agreement for purposes predominantly not related to their commercial or self-employed profession.
You may withdraw from this contract within 14 days from its conclusion and the receipt of a correct instruction on the right of withdrawal, without the need to specify any reasons.
To exercise your right to withdrawal, you need to send an unambiguous declaration (e.g. letter or email), stating your decision to withdraw the contract, to
Am Retzgraben 10
You may use the model withdrawal form below, but are not required to do so.
In order to keep the term, it is sufficient to send the declaration before the term's end.
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest type offered by us), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
If you requested that the performance should begin during the withdrawal period, you owe us an amount in proportion to that part of the commitment which is fulfilled by us at the time of withdrawal, compared to the full performance of the obligation.
The right of withdrawal in case of the supply of digital content other than on a tangible medium is excluded, if the performance has begun with the explicit prior consent of the consumer and the consumer has stated that he thus loses his right of withdrawal.
(complete and return this form only if you wish to withdraw from the contract)
Am Retzgraben 10
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / provision of the following service (*):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (only if this form is notified in writing)
(*) Delete as appropriate.
The provider, when making the software or other services available free of charge, provides the same as-is.
The provider, when making the products or services available free of charge, does not assume any warranty as to quality or title of data, software and documentation, in particular for their accuracy, completeness and/or usability and that there are free from any third party industrial and intellectual property rights. Accordingly, the customer is not entitled to demand recification of any defects or other incorrectness. The provider may rectify such incorrectness, including but not limited to by way of regular updates, however without being obliged to do so.
The customer shall ensure on its own that the software made available by the provider is compatible with the existing software and hardware of the customer. If the customer omits this, the provider assumes no liability for loses and risks of any kind, that due to this occur through the use of the software, including damage to the computer system and/or any other device or for loss of data.
When making the services and products available free of charge, the provider shall only be liable insofar as the provider fraudulently conceals a defect, or in case of grossly negligent or intentional conduct of the provider or its legal representatives or vicarious agents, or in case of culpably caused injury to life, body or health. Liability under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. Otherwise, claims against the provider for damages arising out of a breach of duty are excluded.
When making the services and prodcuts availiable against remuneration, the provider shall be liable for any culpable breach of its material contractual obligations in accordance with the statutory provisions. Material contractual obligations are obligations which characterise the typical purpose of the contract, the performance of which makes the proper implementation of the contract possible in the first place, and compliance with which the other contract party may rely on. However, unless the conduct of the provider has been either grossly negligent or intentional, the provider shall be liable only for the foreseeable damage, which typically occurs. In all other cases the provider shall be liable if damage has been caused intentionally or grossly negligently by one of its statutory representatives or by a vicarious agent. Where the provider has given a guarantee, or for damage arising out of any injury to life, body or health, the provider shall be liable in accordance with the statutory provisions. Liability under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. Otherwise claims against the provider for damages arising out of a breach of duty are excluded.
The provider assures no availability of the offered products and services. The server availability can be restricted for technical reasons (e.g. maintenance) or for other reasons not related to the provider.
The provider assumes no liability for malfunction or other damage, caused by any third party (e.g. Internet or hosting provider) not being a vicarious agent of the provider.
The provider assumes no liability for delays and failures resulting from causes beyond his reasonable control, e.g. loss of power, breakdown or failure or delay in telecommunications or in internet connections falling outside of his control, acts of any competent authority, fire, flood, weather conditions or industrial action.
The customer must obtain all necessary rights for their use of the software or services. This explicitly includes intellectual property rights for content uploaded according to the next section. If the customer culpably breaches its aforementioned obligation, the customer will indemnify and hold harmless the provider against claims of any third party that are the result of the customer's breach.
Some applications or services may provide the option to upload own content, e.g. publishing posts in the forums, commenting on planned features in the bug tracker or sending error reports directly from the software.
The customer grants the provider unlimited usage rights on said uploaded content. This grant includes the permission to transfer usage rights to third parties, as required for contractual fulfillment, and persists even after the contractual relationship between customer and provider ends.
Any and all business relations between the provider and the customer are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention. If the customer is a consumer with habitual residence in the European Union, mandatory statutory provisions on the restriction of the choice of law and for the protection of consumers of the member state of habitual residence of the customer shall remain unaffected.
If the customer is a merchant, a legal entity under public law, or public law special fund or does not have a place of general jurisdiction within the Federal Republic of Germany and as a consumer does not have a habitual residence within the EU, the place of jurisdiction and performance is the registered office of the provider, Freiburg im Breisgau, Germany. The provider shall also be entitled to assert its claims in the courts competent for the place of general jurisdiction of the customer.
The contract's legal text will be stored by the provider, but not necessarily in a form that is permanently available to the customer. Customers are thus encouraged to store their own copy, if necessary.
There are no verbal side agreements.
The provider is neither required nor willing to participate in dispute settlement proceedings provided by a consumer arbitration body. If the customer should encounter any problems, he can contact the provider directly, for example with an email to firstname.lastname@example.org.
The online dispute resolution platform provided by the European Commission can be found at www.ec.europa.eu/consumers/odr.