The following terms and conditions outline the rules and regulations applying to software and services provided by Cloudwerks Technology GmbH. By accessing and using any website and/or service provided by Cloudwerks Technology GmbH, you accept and agree to be bound by these terms and conditions.
Definitions
The terms „we,“ „us,“ and „our“ refer to any website or service provided by „Cloudwerks Technology GmbH“ and the service provider „Cloudwerks Inh Markus Niewerth“, while „you“ and „your“ refer to the user accessing the website. „Content“ refers to any text or other information that can be posted, uploaded, linked to, or otherwise made available by you. „Device“ refers to any device that can access the website, such as a computer, mobile phone, or tablet. „Feedback“ means any feedback, innovations, or suggestions sent by you regarding the attributes, performance, or features of our service. „Subscription“ refers to any paid service or plan that you as the user can over the duration of an underlying contract be licensed to use. „Orders“ refer to requests by you to purchase a plan or subscription service from us. „Promotions“ refer to any contests, sweepstakes, or other promotions offered through the website. A „third-party social media service“ refers to any services or content provided by a third party that may be displayed, included, or made available through the website. „Country“ refers to Germany. These terms and conditions, along with our privacy policy, constitute the basic agreement between you and us regarding the use of the website and can be extended by any terms of use and privacy policy a purchased plan might be linked to.
Acknowledgement
By accessing and using this service, you acknowledge that you have read and understood these terms and conditions, and agree to be bound by them. These terms and conditions apply to all visitors, users, and others who access or use the service. If you do not agree with any part of these terms and conditions, you may not use the service. You confirm that you are over the age of 18 and that the company does not allow those under 18 to use the service. Your use of the service is also subject to our privacy policy, which describes our policies and procedures for the collection, use, and disclosure of your personal information when you use the website or application and any service provided by us. Please read our privacy policy carefully before using our service.
Placing an order
By placing an order for products through the service, you confirm that you are legally capable of entering into binding contracts.
To place an order for products on the service, you may be asked to provide certain information, such as your name, email, phone number, credit card number, credit card expiration date, billing address, and shipping information. You confirm that you have the legal right to use any payment method in connection with your order and that the information you provide to us is accurate and complete. By submitting this information, you allow us to share it with third parties for the purpose of processing your order. More about the processing and handling of said information can be found in our Privacy Policy.
We reserve the right to cancel your order at any time for various reasons, including but not limited to product availability, errors in the product description or pricing, or errors in your order. We also reserve the right to cancel your order if we suspect fraudulent or unauthorized activity.
You may only return or request a refund for any products you purchase according to the terms and conditions of this agreement.
Refunds
We, per default do not refund any paid amount for any provided service in any way. By making a payment the client accepts the correct service delivery for all paid and future invoices of the related contract.
Availability and Quality of Service
We regularly update the products available on our service, but there may be errors in pricing, description, or availability. We also may not immediately update information on the service or on other websites. We do not guarantee the accuracy or completeness of any product information, including prices, images, specifications, availability, or services. We reserve the right to change or update this information and to correct errors, inaccuracies, or omissions at any time without notice.
Payments
The company reserves the right to change its prices at any time before accepting an order. Prices may also be revised after an order is accepted due to government action, changes in customs duties, increased shipping charges, higher foreign exchange costs, or any other circumstances beyond the company’s control. In such cases, you have the right to cancel your order. Payment will soon be available through a third party payment provider of our choice. Payments are subject to validation and authorization by the issuer. If authorization is not received, the company is not responsible for any delays or failure to deliver your order.
Accounts and User-generated Content
When you create an account to use our services, you must provide accurate, complete, and up-to-date information at all times. If you fail to do so, it is a breach of these terms and may result in the termination of your account. You are responsible for keeping your account password secure and for any activity that occurs under your account. Do not share your password with anyone and immediately notify us if you become aware of any security breaches or unauthorized use of your account. Your account username should not be the name of another person or entity, a name or trademark that you do not have permission to use and it is prohibited to use offensive or inappropriate language in either the account name or information. That includes but is not limited to your account name and email address.
Our service allows you to create and post content. You are responsible for the content you post, including its legality, reliability, and appropriateness. By posting content to the service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute this content on and through the service. You retain any and all rights to any content you submit, post, or display on or through the service and are responsible for protecting those rights. This license also allows us to make your content available to other users of the service, who may also use your content subject to these terms. You represent and warrant that the content is yours or you have the right to use it and grant us the rights and license as provided in these terms, and that posting the content on or through the service does not violate the rights of any person, including privacy rights, publicity rights, copyrights, or contract rights.
Content restrictions and content backup
The company is not responsible for the content posted by users on the service. You are solely responsible for the content you post and for all activity that occurs under your account, whether done by you or by any third party using your account. You may not transmit any content that is unlawful, offensive, upsetting, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such content include but are not limited to content that is unlawful or promotes unlawful activity, defamatory, discriminatory, or mean-spirited, spam or unauthorized advertising, contains viruses or other malicious software, infringes on proprietary rights, impersonates any person or entity, violates the privacy of any third party, or contains false information or features. The company reserves the right, but is not obligated, to remove or refuse any content that it determines to be inappropriate or in violation of these terms. The company may also limit or revoke your use of the service if you post such content. The company cannot control all content posted on the service and you use the service at your own risk. The company is not responsible for any errors or omissions in any content or for any loss or damage that may result from your use of the service.
Although regular backups of content are performed, the company does not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, content that is corrupted prior to being backed up or that changes during the backup process. The company will provide support and attempt to troubleshoot any issues that may affect the backups of content, but you acknowledge that the company is not liable for the integrity of content or for the failure to successfully restore content to a usable state. You should maintain a complete and accurate copy of any content in a location independent of the service.
Copyright
It is our policy to address any allegations that content on our service violates the intellectual property rights of others. If you believe that your copyright has been infringed by content on our service, please send us a written notice via email with a detailed description of the alleged infringement. Please note that you may be held responsible for damages, including legal fees, if you falsely claim that content on our service infringes your copyright.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws. The Company’s trademarks and trade dress may not be used without the Company’s prior written consent. When you provide feedback to the Company, you assign all rights, title, and interest in it to the Company. If this assignment is ineffective, you grant the Company a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and use the feedback in any way.
Third Party Links
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company is not responsible for the content, privacy policies, or practices of these websites or services and advises you to read their terms and conditions and privacy policies.
Termination of Service
The Company may terminate or suspend your account at any time for any reason without notice or liability. If you wish to terminate your account, you can simply stop using the Service and your account and it’s related data will be deleted according to our Privacy Policy
Limitation of Liability
We shall not be liable for any claims for damages for bodily injury (including death) or damages to the other user’s property, losses arising out of the misconduct of the user, damages arising out of the failure to pay subcontractors or employee withholding, benefits, or workers‘ compensation insurance, damages arising out of the repudiation of the agreement, or damages that are covered under our insurance policies.
„AS IS“ and „AS AVAILABLE“ Disclaimer
The Service is provided to you „as is“ and „as available“ without any warranties of any kind. The Company and its affiliates, licensors, and service providers disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and warranties that may arise from course of dealing or usage of trade. The Company makes no representation or warranty that the Service will meet your requirements, be uninterrupted, accurate, reliable, or error-free, or that errors or defects will be corrected. The Company also makes no representation or warranty regarding the operation or availability of the Service or the information, content, materials, or products included on it. The Company is not responsible for any viruses or harmful components that may be contained in the Service, its servers, or any emails sent from or on behalf of the Company. Some jurisdictions do not allow the exclusion of certain warranties, so these exclusions may not apply to you. In such cases, the exclusions will apply to the greatest extent permitted by law.
Severability and Waiver
If any part of these terms is found to be invalid or unenforceable, it will be interpreted and applied to the greatest extent possible to meet its objectives under applicable law, and the remaining provisions will remain in full force and effect. The failure to exercise a right or to require performance of an obligation under these terms does not affect the party’s ability to exercise the right or require performance at any time in the future, nor does the waiver of a breach constitute a waiver of any subsequent breach. These terms may have been translated into other languages. In the event of a dispute, the English version will prevail. We reserve the right to modify or replace these terms at any time, and we will make reasonable efforts to provide at least 30 days‘ notice before any new terms take effect. Material changes will be determined at our sole discretion. By continuing to use our service after the revised terms take effect, you agree to be bound by them. If you do not agree to the new terms, please stop using the website and the service. If you have any questions about these terms, you can contact us through the following page on our website: Cloudwerks Technology GmbH – Contact Us.