Terms and Conditions (Customer)
Terms and Conditions
1. Scope of application and subject matter of the contract
1.1. These contractual terms and conditions apply to the use of the software offered by EINO World GmbH, Hansastraße 21, 18182 Bentwisch, Germany (hereinafter "EINO"), on the websites eino.world, einoworld.com and fragdasei.de (hereinafter "Websites").
1.2. The software is operated by EINO as a web-based SaaS or cloud solution. This enables you to use the software stored and running on the servers of EINO or a service provider commissioned by EINO via an internet connection for your own purposes during the term of this contract and to store and process your data with the help of the software.
1.3. These contractual terms and conditions apply both to entrepreneurs pursuant to § 14 BGB and to consumers pursuant to § 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Insofar as this is expressly indicated below (e.g. in bold), individual provisions of these contractual terms and conditions shall not apply to consumers or shall only apply to consumers in a modified form. The validity of these contractual conditions in other respects for both entrepreneurs and consumers remains unaffected. EINO's offer is not directly aimed at children who have not yet reached the age of sixteen. In this respect, we assume that children will only use our software with the consent and under the guidance of their legal guardian.
1.4. These contractual conditions apply exclusively. Contractual terms and conditions of you shall not apply. Counter-confirmations from you with reference to your own terms and conditions are expressly contradicted.
1.5. By placing your order or by logging in/registering as a user on one of our websites, you agree to these terms and conditions in the version valid at the time of conclusion of the contract.
1.6. These contractual conditions also apply to future contractual relationships.
1.7. You can access and print out as well as download and save these contractual conditions at any time, even after conclusion of the contract, on one of our websites under the link "GTC".
2. Cancellation policy (Only for consumers)
2.1. Right of withdrawal
As a consumer, you have the right to revoke this contract within 14 days without giving any reason. The revocation period begins on the day the contract is concluded; we expressly draw your attention to the regulations on the exclusion of the right of revocation in the case of digital content - see section 2.3 below. To comply with the revocation period, it is sufficient to send a clear declaration of your decision to revoke this contract to EINO World GmbH, Hansastraße 21 in 18182 Bentwisch, Germany, in due time. You can also submit this declaration via the contact form accessible from any of our websites or by, email or telephone. Our telephone number as well as e-mail address can be found on each of our websites in the imprint.
2.2. Consequences of revocation
In the event of an effective revocation of a paid version, the services received by both parties must be returned immediately, but no later than within 14 days, and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the received services to EINO or are only able to return them in part or in a deteriorated condition, you may have to compensate EINO for the loss of value. You must fulfill obligations to reimburse payments within 30 days after sending your notice of cancellation.
2.3. Premature expiry of the right of withdrawal
Your right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier as soon as we have begun executing the contract after you have expressly agreed that we begin executing the contract before the end of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal through your agreement with the beginning of the execution of the contract.
3. Online dispute resolution for consumers
For our customers who are consumers, the European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr/. You can find our e-mail address in our imprint. We are neither obligated nor willing to participate in the dispute resolution process.
4. Registration, assurances during registration, conclusion of contract
4.1. To use our services, you must first register on one of the EINO websites. You may register only once and create only one user profile. You may not use pseudonyms or pen names.
4.2. By completing your registration, you are making an offer to enter into a user agreement for the specified number of users (licenses) and you warrant that all of the information you provide during registration is true and complete. You are obliged to notify us immediately of any changes to your registration data.
4.3. EINO accepts this offer by activating the user account for the services. By this acceptance the contract between you and us is concluded.
4.4. If and to the extent that you provide personal data (e.g., personalized email addresses) of one or more users during registration in order to obtain the desired number of licenses, you expressly agree to enter into our standard contract for commissioned processing pursuant to Article 28 (3) of the European General Data Protection Regulation ("GDPR") in addition to these GTC. This is available after the user login on EINO's websites under "Order Processing" and becomes part of the contract.
4.5. "User" is any natural person who is authorized to use software in accordance with these GTC. Only such persons can be authorized who are in a service, employment or training relationship with you at the time of the conclusion of the contract. Direct or indirect use by other persons is not permitted. You warrant that you have obligated each user to comply with these GTC and indemnify EINO from all claims in this respect.
4.6. You are obligated to keep the password you chose during registration as well as the other access data secret and to ensure that any employees who are provided with access data do the same. EINO will not disclose your password to third parties and will not ask you for your password at any time outside the software.
4.7. By presenting and advertising products and services on our websites, we do not make any binding offer to sell specific products or services.
5. Prices and terms of payment
5.1. EINO offers registered users two usage variants on its websites:
- a free, but functionally limited version ("EINO free") and
- several paid versions with additional functions ("paid versions" such as EINO me, EINO myfamily, EINO mybusiness).
5.2. Details on the fees for the individual paid versions are regulated on the EINO web pages in the "Prices" section. The prices stated there are binding and do not include the applicable statutory value added tax. Each fee is due for payment immediately upon conclusion of the contract for the entire term selected in each case.
5.3. You can pay by means of the online payment procedures offered on the website. If a fee cannot be collected, you will bear all resulting costs, in particular bank charges in connection with the return of direct debits and comparable charges, to the extent that you are responsible for the event giving rise to the costs.
5.4. EINO will send you the invoice for the fees paid by e-mail.
5.5. Any use of the services and content offered on the EINO websites, with the exception of the options provided by EINO, requires the prior written consent of EINO. This also applies in particular to deviating payment methods.
6. Type and scope of performance
6.1. EINO provides you with the software in its most current version for use at the router output of the data center in which the server with the software is located ("transfer point"). The software, the computing power required for use and the required storage and data processing space are provided by EINO. However, EINO does not owe the establishment and maintenance of the data connection between the IT systems of you and the described handover point.
6.2. Insofar as the software runs exclusively on the servers of EINO or a service provider commissioned by EINO, you do not require any rights of use to the software under copyright law, nor are such rights granted to you. However, for the term of the contract EINO grants you the non-exclusive, non-transferable right, limited in time to the term of the usage contract, to load the user interface of the software for display on the screen into the main memory of the end devices used for this purpose in accordance with the contract and to make the resulting reproductions of the user interface.
6.3. The contractually agreed service may not be made available to third parties unless this has been expressly agreed by the parties.
7. Availability of the software
7.1. EINO draws your attention to the fact that restrictions or impairments of the services provided may arise that are beyond EINO's control. This includes in particular actions by third parties not acting on behalf of EINO, technical conditions of the Internet that EINO cannot influence, and force majeure. The hardware, software and technical infrastructure used by you may also have an influence on the services. Insofar as such circumstances influence the availability or functionality of the service provided by EINO, this has no effect on the contractual conformity of the services provided.
7.2. You are obliged to notify EINO immediately and as precisely as possible of any functional failures, malfunctions or impairments of the software. If you fail to do so, § 536c BGB applies accordingly.
7.3. EINO reserves the right to change the services offered on its websites at any time and without prior notice or to offer deviating services, unless this is unreasonable for the users.
8. Obligations of you as a user
8.1. In order to use the software, the system requirements resulting from the product description must be met by you; you are responsible for this yourself.
8.2. The proper and regular backup of your data is exclusively your responsibility. This also applies to documents (e.g. invoices) provided by EINO in the course of processing the contract.
8.3. Insofar as you provide EINO with protected content (e.g. images, documents, trademarks and other content protected by copyright or trademark law), you grant EINO all rights necessary for the execution of the contractual agreement. This includes, in particular, the right to make the corresponding content accessible to other users, if necessary, within the scope of this execution. You insofar assure that you own all necessary rights to provided materials in order to grant EINO the corresponding rights.
8.4. You are obliged to observe the applicable laws as well as the rights of third parties when using the contents and services on the EINO websites. In particular, you are prohibited from storing pornographic content or content that violates laws for the protection of minors on our servers or from advertising or offering pornographic products or products that violate laws for the protection of minors within the EINO infrastructure.
The same applies to content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) without being authorized to do so.
8.5. In addition, you are also prohibited from the following actions:
- Use of mechanisms, software or scripts in connection with the use of EINO websites. However, you may use the interfaces or software provided to you as part of the services offered on our websites.
- Distribution and public reproduction of content from the EINO websites or from other users.
- Any action that is likely to impair the functionality of the EINO infrastructure, in particular to place an excessive load on it.
8.6. If the rights of third parties or legal requirements are violated by the content posted by you or by your use of the services, you will immediately cease the use that is contrary to the contract and / or the law.
8.7. You will indemnify EINO against all claims, including claims for damages, which other users or other third parties assert against EINO due to an infringement of their rights by the content posted by you. You also indemnify EINO against all claims, including claims for damages, which other users or other third parties assert against EINO for infringement of their rights by your use of the services. You will bear all reasonable costs incurred by us due to an infringement of third party rights, including the reasonable costs incurred for legal defense. All further rights as well as claims for damages by EINO remain unaffected.
9. Data protection, data processing rights, data backup
9.1. The personal data provided by you during registration will only be collected, stored, processed and used by EINO to the extent that this is necessary for the fulfillment of the contractual obligations, in particular for the provision and use of the services offered, or to the extent that you have consented to their use.
9.2. EINO undertakes to comply with the relevant data protection provisions. In this respect, reference is also made to the data protection declaration which can be accessed from every EINO website.
9.3. With regard to the data stored by you on the storage space provided, you yourself are responsible for compliance with the provisions of the German Federal Data Protection Act, the European Data Protection Regulation (DSGVO) and, if applicable, other relevant data protection laws. If and to the extent that you process (e.g. store) personal data of third parties on the IT systems for which EINO is technically responsible, it is exclusively your responsibility to ensure the basis required for the lawfulness of this processing (e.g. consent) in accordance with Art. 6 DSGVO. In addition, in these cases, a contract on commissioned processing must be concluded between you and EINO (cf. Art. 28 (3) DSGVO). You therefore undertake, in the event that you process personal data of third parties with the services offered by EINO, to inform EINO without delay and to conclude with EINO the standard contract for commissioned processing available on EINO's websites under "Commissioned processing". The processing of special categories of personal data within the meaning of Art. 9 DSGVO (e.g. medical data) with the Software is strictly prohibited.
10. Responsibility for contents, data and/or information of the users
10.1. EINO accepts no responsibility or liability for the content, data and/or information provided by users of the EINO websites or for content on linked external websites. In particular, EINO does not guarantee that this content is true, fulfills a specific purpose or can serve such a purpose.
10.2. Insofar as you notice any use of EINO's websites (including the use of pseudonyms or deceptive identities) that is in violation of the law or of this agreement, we ask you to notify us using the contact form available on the websites.
11. Customer service and support
You can submit questions and explanations about your contract or about the services from us at any time using the contact form available on the EINO websites from any page or by e-mail or letter.
In principle, the statutory regulations on warranty in rental agreements apply. Sections 536b BGB (knowledge of the tenant of the defect upon conclusion of the contract or acceptance), 536c BGB (defects occurring during the rental period; notification of defects by the tenant) apply. However, the application of Section 536a (2) BGB (Tenant's right of self-remedy) is excluded. The application of Section 536a (1) BGB (Landlord's liability for damages) is also excluded insofar as the standard provides for strict liability.
13. Liability of EINO
13.1. EINO is liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
13.2. In other cases, EINO is liable - unless otherwise regulated in 13.3 - only in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which you as a customer may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases EINO's liability is excluded - subject to the provision in 13.3.
13.3. EINO's liability for damages resulting from injury to life, body or health and according to the Product Liability Act as well as in case of assumption of a guarantee remains unaffected by the above limitations and exclusions of liability.
13.4. If damages to you result from the loss of data, EINO will not be liable for this, insofar as the damages would have been avoided by a regular and complete backup of all relevant data by you. You will carry out or have carried out a regular and complete data backup yourself or by a third party and are solely responsible for this.
14. Termination of the contract, refund of fees paid in advance
14.1. You can terminate the Free version of EINO at any time and without giving any reason. Please inform us about this using the contact form available on the EINO websites from any page and provide your username and email address registered on our websites.
14.2. The Paid Versions may be terminated by you or by EINO without cause upon fourteen (30) business days' notice to expire at the end of the minimum usage period booked in the registration process or at the end of any renewal period thereafter. The termination can be declared by you via the EINO-internal area as well as with the contact form accessible on the EINO-websites from every page. In addition, the termination can be declared to EINO or you by e-mail or letter. In this case, the user name and the e-mail address registered on the EINO web pages must be included in the notice of termination.
14.3. The right of both parties to terminate the contract for good cause remains unaffected. Good cause for termination by EINO exists in particular if the continuation of the contractual relationship until the expiration of the statutory notice period is not reasonable for EINO, taking into account all circumstances of the individual case and weighing the interests of both parties. Important reasons are in particular the following events:
- the non-compliance by you with statutory provisions;
- a breach of contractual obligations, in particular from clauses 3, 6 and 7.3 of these contractual conditions;
- the reputation of the services offered by EINO is not only insignificantly affected by you;
- you promote associations, communities, methods or activities that are monitored by security or youth protection authorities;
- you harm one or more other users;
- you are a member of a sect or a controversial religious community.
14.4. If good cause is shown, EINO may also impose the following sanctions on you, regardless of termination:
- Deletion of content that you have posted;
- issuance of a warning;
- (temporary) blocking of access to the services offered by EINO.
14.5. In the event of termination of the contract or blocking of access in accordance with this clause, you shall no longer be entitled to a refund of any charges already paid in advance.
15. Final provisions
15.1. Amendments and supplements to these contractual terms and conditions must be made in writing. This shall also apply in particular to a waiver of this written form clause.
15.2. Should individual provisions of these contractual terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a provision that comes as close as possible to the economic intent of the invalid provision in a legally permissible manner. The same applies in case of loopholes in the agreement.
15.3. EINO reserves the right to change these contractual terms at any time without giving reasons, unless this is unreasonable for you. We will notify you of any changes to these contractual terms in due time. If you do not object to the validity of the new contractual conditions within 14 days of notification, the amended contractual conditions shall be deemed to have been accepted by you. We will inform you of your right to object and the significance of the objection period in the notification.
15.4. Unless otherwise agreed, you can send all declarations to EINO in any case by e-mail, using the contact form accessible from any of our websites, by or letter to EINO. EINO, for its part, may transmit declarations to you by e-mail, or letter to the addresses you have provided as current contact information in your user account.
15.5. The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
15.6. If you are a merchant, the exclusive place of jurisdiction is Rostock. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
16. External services
16.1. YouTube and Vimeo videos
EINO can integrate videos that are available on
- youtube.com are stored. YouTube is a platform offered by YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA, a company affiliated with Google.
- vimeo.com are stored. Vimeo is a video portal of the US company Vimeo LLC, headquartered in Manhattan (330 West 34th Street, 5th Floor, New York, New York 10001).
Their videos can be played on within EINO services. Likewise, EINO can store URLs of any web pages.
Please note that it is not in our control in which way and for how long YouTube (and thus Google), Vimeo or also any other websites accessible via the Internet retain this data. Further information regarding the purpose and scope of data collection and processing can be found on the respective web services (e.g. https://policies.google.com/?hl=en). You have the right to object to the processing of your personal data in each case - however, you must address the objection to the respective platform or website (e.g. YouTube and Google).
If you visit one of our websites with an embedded YouTube video, YouTube may receive information about the specific website you are visiting. In the process, your personal data is transmitted to YouTube. Such transmission takes place regardless of whether you have logged into your YouTube account or whether you do not have a corresponding account at all. If you have logged into your YouTube account, your personal data will be assigned to your YouTube profile. If you do not want your personal data to be assigned to your profile, you should log out of your YouTube account before activating a YouTube video. YouTube and Google use this data for advertising, market research and / or a demand-based design of their website.