Terms and Conditions
Last edited : June 1, 2024
1. Scope and Subject of the Agreement
1.1 These contractual terms apply to the use of the products and services offered by EINO World GmbH, Hansestraße 21, 18182 Bentwisch, Germany (hereinafter referred to as “EINO”) on the websites https://eino.world, https://einoworld.com, and https://highspeed-onboarding.com (hereinafter referred to as “websites”).
1.2 The software is operated by EINO as a web-based SaaS or cloud solution. This allows you to use the software stored and running on EINO’s servers or those of 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 using the software.
1.3 These contractual terms apply to both entrepreneurs as defined by Section 14 of the German Civil Code (BGB) and consumers as defined by Section 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. Where specific provisions of these contractual terms do not apply to consumers or apply only in a modified form, this will be explicitly stated (e.g., in bold). The validity of these terms and conditions for both entrepreneurs and consumers remains unaffected otherwise.
Use by Children
EINO’s offering is not directed at children under the age of 18. We assume that children will only use our software with the consent and guidance of a legal guardian.
1.4 These contractual terms apply exclusively. Your own terms and conditions will not be accepted. We expressly reject any counter-confirmations referring to your own terms and conditions.
1.5 By placing an order or registering as a user on one of our websites or app portals, you agree to these contractual terms in the version valid at the time of the contract conclusion.
1.6 These contractual terms also apply to future contractual relationships.
1.7 You can access, print, download, and save these contractual terms at any time, even after the contract has been concluded, via a link labeled “AGB” on one of our websites.
1.8 These General Terms and Conditions, together with our Data Processing Agreement pursuant to Article 28 GDPR, as attached to this contract, form a binding agreement between us (EINO) and you or the legal entity you represent (Customer).
2. Withdrawal Policy (only for CONSUMERS)
2.1 Right of Withdrawal
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract; we expressly point out the regulations on the exclusion of the right of withdrawal for digital content – see section 2.3 below. To exercise the right of withdrawal, you must inform EINO World GmbH, Hansestraße 21, 18182 Bentwisch, Germany, of your decision to withdraw from this contract by an unequivocal statement sent in due time. You can also submit this statement via the contact form available on each of our websites or by email or phone. Our phone number and email address can be found in the imprint on each of our websites.
2.2 Effects of Withdrawal
In the event of a valid withdrawal from a paid version, the mutual services received must be returned immediately, but no later than 14 days. Any benefits derived (e.g., interest) must also be returned. If you are unable to return the received services in whole or in part or only in deteriorated condition, you must compensate EINO accordingly. Obligations to reimburse payments must be fulfilled within 30 days of sending your withdrawal notice.
2.3 Premature Expiration of the Right of Withdrawal
Your right of withdrawal expires if we begin the performance of the contract regarding the delivery of digital content not stored on a physical data carrier, after you have expressly agreed that we may start the performance of the contract before the end of the withdrawal period and you have acknowledged that you lose your right of withdrawal by agreeing to the start of the performance of the contract.
3. Online Dispute Resolution for Consumers
For our customers who are consumers, the European Commission provides a platform for extrajudicial online dispute resolution (OS Platform), accessible at https://www.ec.europa.eu/consumers/odr. Our email address can be found in our imprint. We are neither obligated nor willing to participate in dispute resolution proceedings.
4. Registration, Assurances During Registration, Conclusion of Contract
4.1 To use our services, you must first register on one of the EINO websites or via download from app portals. You can register only once with the criterion of an email address and create only one user profile. Pseudonyms or stage names are not allowed.
4.2 By completing your registration, you make an offer to conclude a usage contract for the specified number of users (licenses) and assure that all data provided by you during registration is true and complete. You are obligated to promptly inform us of any changes to your registration data.
4.3 EINO accepts this offer by activating the user account for the services. This acceptance constitutes the contract between you and us.
4.4 If and to the extent you provide personal data (e.g., personalized email addresses) of one or more users during registration to obtain the desired number of licenses, you expressly agree to enter into our standard data processing agreement pursuant to Article 28(3) of the European General Data Protection Regulation (GDPR). This data processing agreement is part of these general terms and conditions and is available for public inspection in its current version at https://eino.world/en_gb/data-processing-agreement/ and after user login under “Legal Notices.”
4.5 A “user” is any natural person or company authorized to use the software under these terms and conditions. Authorized users can only be those who, at the time of the contract conclusion, are in an employment, working, or training relationship with you or have a contractual relationship with you. Direct or indirect use by other persons or companies is not allowed. You assure that every user is obligated to comply with these terms and conditions and release EINO from all claims in this regard.
4.6 You are obligated to keep the password chosen during registration and the other access data confidential and ensure that any employees provided with access data do the same. EINO will not share your password with third parties.
4.7 By presenting and promoting products and services on our websites, we do not make a binding offer to sell specific products or services.
5. Prices and Payment Terms
5.1 Registered users are offered two usage variants on EINO’s websites:
- A permanently free basic version with one user, 1 GB of cloud storage, and access to most functions (“EINO One”)
- Individually configurable, paid versions for additional users, more cloud storage, and/or unlimited use of functions (add-ons)
5.2 Details on the fees for the paid versions are governed on the EINO websites under “Prices” and within EINO under “Add-ons.” The prices listed there are binding and exclude applicable VAT. Each fee is due immediately upon contract conclusion for the entire chosen term.
5.3 Subscriptions (monthly or annual payment) must be paid using the offered online payment methods. If a fee cannot be collected, you bear all resulting costs, especially bank fees related to the return of direct debits and similar fees, to the extent you are responsible for the cost-causing event.
5.4 For one-time payments (e.g., training or lifetime offers), EINO may offer payment via invoice as an alternative to online payment methods.
5.5 EINO will send you the invoice for the paid fees exclusively by email.
5.6 Any use of the services and content offered on the EINO websites, except for the options provided by EINO, requires prior written consent from EINO. This also applies to different payment methods.
6. Nature and Scope of the Service
6.1 EINO provides you with the software in its latest version at the router output of the data center where the server with the software is located (“handover point”) for use. EINO provides the software, the required computing power, and the necessary storage and data processing space. However, EINO is not responsible for creating and maintaining the data connection between your IT systems and the described handover point.
6.2 As long as the software runs exclusively on EINO’s servers or those of a service provider commissioned by EINO, you do not need copyright usage rights to the software, and such rights are not granted to you. However, EINO grants you the non-exclusive, non-transferable, and time-limited right for the contract’s duration to load the user interface of the software onto the screen in the memory of the end devices used for the contractual purpose 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 expressly agreed by the parties.
7. Availability of the Software
7.1 EINO points out that restrictions or impairments of the services provided may occur that are beyond EINO’s control. This includes actions by third parties not acting on behalf of EINO, technical conditions of the internet not influenced by EINO, and force majeure. The hardware and software you use and the technical infrastructure can also influence the services. To the extent such circumstances affect the availability or functionality of the services provided by EINO, this has no impact on the contractual conformity of the services provided.
7.2 You are obligated to notify EINO immediately and as precisely as possible of any functional failures, disruptions, or impairments of the software. The easiest way to do this is to use the EINO ticket system available to each user after login. If you fail to comply, Section 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 different services, unless this is unreasonable for the users.
7.4 If the insolvency of EINO World GmbH becomes irrevocably imminent or if significant failures at one of EINO’s technical infrastructure partners (as per the Data Processing Agreement) are indicated, you, as an EINO customer, will be immediately informed via email. This procedure is intended to ensure that, in the very unlikely but theoretically possible event, there is sufficient time to secure your data independently using the export function, if necessary even outside the regular schedule.
8. User Obligations
8.1 To use the software, you must meet the system requirements specified in the product description; this responsibility lies solely with you.
8.2 You are solely responsible for the proper and regular backup of your data. This also applies to documents provided by EINO during contract execution (e.g., invoices). An appropriate function is available for exporting your own data. This export function is continuously developed and aims to allow downloading at least the original contents and, where technically possible, the data organization logic in file format.
8.3 If 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 to fulfill the contractual agreement. This includes, in particular, the right to make the respective content accessible to other users of the same account (e.g., employees or customers) if necessary during this execution. You assure that you possess all necessary rights to the provided materials to grant EINO the corresponding rights. Ownership of the data you provide remains entirely with you. EINO commits to protect these data securely and to use them solely within the scope of the contractual services. Data will only be disclosed to third parties if necessary for contract fulfillment or if there is a legal obligation. EINO ensures the confidentiality and integrity of the stored data through appropriate technical and organizational measures.
8.4 You are obligated to observe applicable laws and third-party rights when using the content and services on EINO websites. Specifically, you are prohibited from storing pornographic content or content that violates youth protection laws on our servers or promoting or offering pornographic content or products that violate youth protection laws within the EINO infrastructure. The same applies to the use of legally protected content (e.g., by copyright, trademark, patent, design, or utility model law) without authorization.
8.5 Furthermore, the following actions are prohibited:
- Using 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.
- Distributing and publicly reproducing content from EINO websites or other users.
- Any action that could impair the functionality of the EINO infrastructure, especially overloading it excessively.
8.6 If the content you post or your use of the services violates third-party rights or legal provisions, you must immediately cease the contractual and/or illegal use.
8.7 You indemnify EINO from all claims, including claims for damages, that other users or third parties assert against EINO due to a violation of their rights by the content you posted. You also indemnify EINO from all claims, including claims for damages, that other users or third parties assert against EINO due to the violation of their rights by your use of the services. You assume all reasonable costs incurred by us due to a violation of third-party rights, including reasonable costs for legal defense. All further rights and claims for damages by EINO remain unaffected.
8.8 By storing information originally captured by third parties (e.g., employees), you enter a legal area governed by copyright and data protection laws. You indemnify EINO from any claims for damages that may arise in this context as an employer. To prevent legal disputes between employers and employees, EINO provides recommendation letters suggesting that existing contractual documents (e.g., employment contracts with employees) be reviewed and expanded at the start of work with EINO. If needed, EINO can provide these recommendation letters free of charge.
9. Data Protection, Right to Data Processing, Data Security
8.1 All information regarding data protection can be found in detail and in its most current version in our Privacy Policy at https://eino.world/en_gb/privacy-policy/ or after logging into EINO under “Legal Notices”.
10. Responsibility for User Content, Data, and/or Information
10.1 EINO assumes no responsibility and liability for the content, data, and/or information provided by users of the EINO portal pages, as well as for content on linked external websites. EINO does not guarantee that this content is true, serves a specific purpose, or is suitable for a particular purpose.
10.2 If you notice any illegal or contractual violations in the use of EINO portal pages (including the use of pseudonyms or deceptive identities), please inform us using the contact form available on the pages or through the ticket system.
11. Customer Service and Support
11.1 As the owner and (Super)Administrator, after logging in, you have transparent access to your subscription (and thus all booked add-ons) and your associated invoices by accessing your customer profile.
11.2 You can easily initiate feedback and support requests through the visually highlighted help function integrated into the user interface using the EINO ticket system. By raising a ticket, you will receive support from the EINO support team through the quickest means possible. You can view all responses and updates to your request in the ticket area of your account. Additionally, you will be informed of all progress via email.
11.3 In addition, a 24/7 chat is available at least via the website https://eino.world. Through this chat, you can quickly get answers to general questions about EINO and inquire about the workings of features.
12. Warranty
The statutory provisions on warranties in lease agreements generally apply. Sections 536b BGB (Tenant’s knowledge of defects at the time of contract conclusion or acceptance), 536c BGB (Defects occurring during the lease term; notification of defects by the tenant) shall apply. However, the application of Section 536a (2) BGB (Tenant’s right to remedy defects) is excluded. The application of Section 536a (1) BGB (Landlord’s liability for damages), insofar as the provision provides for strict liability, is also excluded.
13. Liability of EINO
13.1 EINO is liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
13.2 The user is responsible for redundant, regular backup of their data. Therefore, liability for data loss is limited to the effort required for restoration, which would have occurred with regular and state-of-the-art data backup.
13.3 In all other cases, EINO’s liability – unless otherwise provided in 13.3 – is limited to the breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which you as a customer may regularly rely (so-called cardinal obligation), limited to the reimbursement of foreseeable and typical damages. In all other cases, EINO’s liability – subject to the provision in 13.3 – is excluded.
13.4 EINO’s liability for damages resulting from injury to life, body, or health and under the Product Liability Act as well as for assuming a guarantee remains unaffected by the foregoing limitations and exclusions of liability.
13.5 If damages result from the loss of data by you, EINO shall not be liable insofar as the damages could have been avoided by regular and complete backup of all relevant data by you. You will perform or have performed regular and complete data backups yourself or by a third party, and you are solely responsible for this.
14. Termination of Contract, Refund of Prepaid Fees, Account Closure, and Account Freeze
14.1 You may request the deletion of your EINO account at any time. This can be done through the EINO internal area as well as via email. In the latter case, the termination/deletion request must be sent from the exact email account used to create the account. Upon account deletion, a distinction is made whether: a) immediate deletion is to be initiated (countdown of 72 hours upon clicking) or b) deletion should occur automatically after the expiration of the paid services (countdown of 72 hours after the expiration of the paid service). In case a), you simultaneously confirm that you waive any existing entitlements (e.g., prepaid add-ons). Within the 72 hours, you will be repeatedly reminded via email of how to secure the data from the account.
14.2 The right of both parties to terminate the contract for cause remains unaffected. EINO shall have the right to terminate the contract for cause, in particular, if the continuation of the contractual relationship until the expiry of the statutory notice period for EINO is unreasonable in consideration of all circumstances of the individual case and weighing the interests of both parties. Important reasons include the following events: Non-payment of paid and booked EINO services (direct debit or credit card payment does not work) Your non-compliance with legal regulations A breach of contractual obligations, especially from sections 3, 6, and 7.3 of these terms and conditions The reputation of the services offered by EINO is significantly affected by you You promote associations, communities, methods, or activities 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.
14.3 In the event of a significant reason, EINO may impose the following sanctions against you independently of termination: Deletion of content you have uploaded to the EINO marketplace for download by other EINO users Issuance of a warning (Temporary) blocking of access to the services offered by EINO.
14.4 In the event of termination of the contract or blocking of access under this clause, your entitlement to a refund of prepaid fees already paid shall lapse accordingly.
14.5 After confirmation of termination/deletion by EINO, you still have access to all functions for exporting your data, if necessary, in accordance with the time frame mentioned in 14.1.
14.6 To protect valuable storage resources, EINO deletes free user accounts if complete inactivity of 60 consecutive days is detected. This account deletion will be announced to you proactively via email after 40, 50, and 59 days of inactivity. You will have appropriate time to secure the content of the account via the export function if needed. EINO retains the account for an additional 30 days thereafter. If you wish to reactivate your account for the first time within this period (after the 60 days have elapsed), EINO can do so for a one-time fee.
14.7 If the deletion involves an account to which other EINO users have been invited and linked, these users will be informed about the impending process. At the time of deactivation, the connections between the respective invited user and the inviting account will then be severed. Any associated effects of this process are not the responsibility of EINO.
14.8 If the deletion described under 14.7 involves an account with paid functions, these functions will no longer be available to a previously invited and now isolated account. These can then be rebooked into your own account at any time at EINO’s discretion.
14.9 EINO offers a so-called “Freeze” service. With this, an EINO account – whether free or paid – can be “frozen” for a period of up to 1 year. This allows you to prevent the deletion of your account or minimize the ongoing costs of your account and ensure the continuation of data at reduced costs during impending or planned long offline periods. Within this period of usage, a corresponding message will be displayed upon login – always with the option to authorize lifting the “Freeze.” The fees for such a service may vary and will therefore only be communicated by the support team upon request.
15. External Services
15.1 YouTube, Vimeo, Loom… EINO can integrate videos
- stored on youtube.com.
YouTube is a platform offered by YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA, an affiliate of Google. - stored on vimeo.com.
Vimeo is a video portal operated by the US company Vimeo LLC with headquarters in Manhattan (330 West 34th Street, 5th Floor, New York, New York 10001) - stored on loom.com.
Loom is a video portal operated by the US company Loom Inc. with headquarters in San Francisco.
Their videos can be played within the EINO services. Similarly, EINO can store URLs of any websites.
15.2 Exclusion
Please note that we have no control over how and for how long YouTube (and thus Google), Vimeo, or 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/terms?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). When you visit one of our websites with an embedded YouTube video, YouTube may receive information about the specific website you are visiting. Your personal data will be transmitted to YouTube. Such transmission occurs regardless of whether you are logged into your YouTube account or whether you have such an account at all. If you are logged into your YouTube account, your personal data will be associated with your YouTube profile. If you do not want your personal data to be associated with 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 personalized website design.
16. Final Provisions
16.1 Changes and amendments to these terms and conditions require written form. This also applies in particular to a waiver of this written form clause.
16.2 Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. The parties undertake to replace the invalid provision with one that comes as close as possible to the economic intention of the invalid provision in a legally permissible manner. The same applies to gaps in the agreement.
16.3 EINO reserves the right to change these terms and conditions at any time without stating reasons, unless this is unreasonable for you. We will always notify you of changes to these terms and conditions. If you do not object to the validity of the new terms and conditions within 14 days of being notified, the amended terms and conditions shall be deemed accepted by you. We will inform you in the notification of your right to object and the significance of the objection period.
16.4 Unless otherwise agreed, you can transmit all declarations to EINO in any case by email, using the contact form accessible from any of our websites, or by letter to EINO. Likewise, EINO can transmit declarations to you by email or letter to the addresses you have provided as current contact information in your user account.
16.5 German law shall apply 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 conclusion of the contract, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
16.6 If you are a merchant, the exclusive place of jurisdiction is Rostock. Otherwise, the applicable legal provisions shall apply to local and international jurisdiction.
Last updated: June 1, 2024
Relevant Links (to the currently valid document):
T&C: https://eino.world/en_gb/terms-and-conditions/
Privacy Policy: https://eino.world/en_gb/privacy-policy/
Terms of Use: https://eino.world/en_gb/terms-of-use/
DPA: https://eino.world/en_gb/data-processing-agreement/