Condiciones generales de contratación

1. contractual partner

(1) The contract partner for the use of the CalendarApp is Tool Loft UG (limited liability), Bessemerstraße 24-26, 12103 Berlin, Germany E-Mail: info[at]calendarapp.de and the user of the CalendarApp.

 

2. Contractual object

(1) With the CalendarApp, Tool Loft UG provides software that enables users to create, integrate and manage their own occupancy calendars.

(2) To be able to use the CalendarApp, an access to the Internet as well as an own website is required. These possibly chargeable services of third companies are not part of the scope of services of the CalendarApp.

(3) Any deviating general terms and conditions of the user do not apply. They shall not apply even if Tool Loft UG has not expressly objected to them.

 

3. User group, registration and proof of identity

(1) Every user can register free of charge.

(2) Upon registration, a user account is created for the user. Within the user account, the user can provide further information about his identity.

(3) If Tool Loft UG has justified doubts about the correctness of the information provided by the user, we are entitled to delete the user account set up for the user.

(4) Registration is free of charge. Annual subscriptions for various packages can be concluded in the CalendarApp's in-house OnlineShop.

(5) Each user may have only one account, double accounts are blocked.

 

4. Conclusion of the contract

(1) The user submits an offer to conclude the contract with confirm on the button "Create free account".

(2) The user submits an offer to conclude the contract with confirm on the button in the shop "Buy now on account", "Pay now via prepayment" and "Pay now via Paypal".

 

5. Charges and billing

(1) The fees to be paid result from the price page available on the portal.

(2) All fees owed by the user are due for payment in Euro. Unless expressly stated otherwise, all prices are inclusive of statutory value-added tax at the applicable rate and to the extent that it applies.

(3) Payment can be made via PayPal, advance payment or invoice.

(4) Should the User be in default of payment, Tool Loft UG shall be entitled to refuse to provide the Service.

(5) The user will receive an invoice for services used and subject to a charge, if desired. Invoices shall be issued annually in the name of Tool Loft UG, depending on the amount and service used. The invoice will be sent by e-mail.

(6) Objections to the amount of the invoiced fees can only be raised in writing. This must be done within eight weeks of receipt of the invoice. Timely dispatch of the objections shall suffice to meet the deadline. The omission of a timely objection is considered approval. The user's warranty claims remain unaffected by this.

(7) If the user defaults on payment, the statutory provisions shall apply. In addition, Tool Loft UG may block the service for the user. The block does not release the user from the obligation to pay the fees incurred.

 

6. Obligations and duties of the user

(1) The user is obliged to provide correct information within the scope of his profile. False or misleading information is not permitted.

(2) It is the user's responsibility to check to what extent the services offered are suitable to bring about any desired legal effects in the relationship between him and other users, and in particular to what extent it is permissible to use the services offered in this relationship. Tool Loft UG does not provide any legal advice in this regard. However, it is pointed out that in particular legal or contractually agreed written form requirements are not fulfilled by the use of the services.

(3)The user is responsible for his account.

(4) The user is responsible for his activities, in particular for the forms, data and content uploaded by him or by third parties attributable to him, stored in the system, made available for retrieval and/or transmitted or disseminated, as well as the selection of documents sent via the Services.

(5) The user must ensure that his access data (login name and password) are protected against unauthorised use by third parties. In particular, he must keep his password secret.

(6) The user must ensure that the use of the services does not cause any impairment for Tool Loft UG's affiliated company or other third parties. The services offered by Tool Loft UG may therefore not be used by the user for unlawful purposes and/or improperly, in particular no unlawful or immoral content may be placed in the system and no reference may be made to such content. This includes, in particular, contents that serve to incite hatred within the meaning of §§ 130, 130 a and 131 StGB, that lead to criminal offences or glorify or trivialise violence, that are sexually offensive, that are pornographic within the meaning of §§ 184 ff. StGB, that are morally dangerous for children or adolescents, or that may impair their well-being or damage the reputation of Tool Loft UG.

(7) The user undertakes not to send or have sent any e-mails containing advertising without the express consent of the respective recipient. This applies in particular if the respective e-mails with the same content are distributed on a massive scale (so-called "spamming"). If the user violates the aforementioned obligation, Tool Loft UG is entitled to block the account immediately.

 

7. Rights and obligations of Tool Loft UG

(1) The Tool Loft UG provides the service CalendarApp.

(2) In the case of a culpable violation of legal regulations or these terms of use by a user or a third party attributable to him, Tool Loft UG is entitled to temporarily block the services in whole or in part. The right to termination without notice remains unaffected.

(3) Tool Loft UG is not obliged to check the forms and contents created by the user. However, if Tool Loft UG becomes aware that data created, stored, made available for retrieval and/or transmitted by Tool Loft UG violates statutory provisions, in particular the provisions of the German Criminal Code and the protection of minors, Tool Loft UG shall be entitled to delete such data and content immediately.

(4) Tool Loft UG is also entitled to take suitable countermeasures (e.g. blocking the user account) without delay as soon as the user informs Tool Loft UG of any impending unauthorized use.

(5) Tool Loft UG reserves the right to have all services to be rendered under this contract performed in whole or in part by third parties.

 

8. Liability and limitations of liability of the Tool Loft UG

(1) Tool Loft UG shall only be liable in the event of intent or gross negligence.

(2) Tool Loft UG is not liable for damages that could occur in connection with the use of CalendarApp. This means that Tool Loft UG does not guarantee the proper functioning of the software or the server. Tool Loft UG is not liable for damages to software or hardware or financial losses caused by its performance, unless these are due to gross negligence or intent on the part of Tool Loft UG. Claims for damages against the provider and its vicarious agents, regardless of the legal basis, in particular also for indirect damages and consequential damages, are excluded. Tool Loft UG cannot be held liable for any costs or damages incurred by the user as a result of incorrect use of the CalendarApp or functional errors in the CalendarApp. This applies in particular to the transmission of the occupancy calendar data. There is no guarantee that the server will be permanently available. The Tool Loft UG cannot give an absolute guarantee that third parties (hackers) cannot gain access to your portal access data. The Tool Loft UG prevents external access to the best of its knowledge.

(3) Tool Loft UG is not liable for the correctness of the information provided by the users in their profiles or forms.

 

9. Contract term and termination options

(1) The contract is concluded in the basic version for an indefinite period and free of charge.

(2) The subscriptions in the shop of the CalendarApp have a contract duration of one year and are terminated automatically.

(3) The user is reminded 4 weeks before expiration of the contract period that the subscription expires. The user can extend the subscription.

(4) The right of both parties to terminate the contract for an important reason remains unaffected.

 

10. Right of revocation and revocation instruction

(1) The user as a consumer according to § 13 BGB can cancel his contract declaration for the registration for CalendarApp within 14 days without giving reasons in text form by e-mail or with this form.

 

E-Mail info[at]calendarapp.de

 

11. Final provisions

(1) The Tool Loft UG shall notify the user in an appropriate manner (e.g. by e-mail) of any changes to these Terms of Use or to the fees. Unless Tool Loft UG receives a written objection from the User within four weeks of receipt, these changes shall be deemed accepted. Tool Loft UG will draw the user's attention to this consequence again when notifying the changes.

(2) These Terms of Use can be accessed at any time under calendarapp.de.