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EINO Terms of Use

Last edited : June 6th, 2024

1. Definition

These terms of use govern the use of the EINO platform and services by duly registered users.

2. EINO

EINO is an online service (“platform”) for capturing, storing, and quickly retrieving company knowledge in the form of classic digital formats such as graphics, videos, audios, and documents. When necessary, EINO also offers additional features for collaborative work with employees in the context of knowledge management. The websites Eino.world, Einoworld.com, Fragdasei.de, and Highspeed-onboarding.com are operated by EINO. The use of the platform in its basic functionality is free of charge for one user with limited cloud storage. The service can therefore be tested thoroughly without time pressure. EINO offers additional services, features, and functionalities that are generally subject to a fee and can be subscribed to. EINO will continuously expand its range of additional services, features, and modules and adapt them to current developments. All offers and these terms of use are aimed at entrepreneurs within the meaning of § 14 BGB.

3. Availability and Amendment Notice of the Terms of Use

EINO is entitled to change these terms of use when it comes to the further development of the platform, legal changes, or an adjustment of the product range and offers. The amended terms of use will be displayed to registered users for confirmation by click at their next login to EINO. Once confirmed, this version will be displayed in the respective EINO account under “Legal Notices” as the current version. Objections to these terms of use can be raised by the initial user (account holder) at any time via the contact form.

4. Registration and Account Responsibility

4.1 The use of the platform requires registration with the creation of an account. Only natural persons, partnerships, and fully legally competent legal entities can create an account. There is no entitlement to acceptance of the registration.

4.2 Users are differentiated between the initial user who sets up the account (owner = customer = superuser) and users who are invited to the account by the initial user. The initial users receive the invoices for the subscription and are the central contacts for EINO. Invited users are not involved in the billing process; they only have their personal access data. Depending on the rights assigned to them (superadmin, admin, editor, viewer), they can view, create, or modify content.

4.3 When registering as a customer, you must provide your full, correct name and, if applicable, your registered company and a valid email address. You must have permission to use this email address and ensure that you can be reached at this email address.

4.4 The email address is the unique identifier for an EINO account. The same email address can be part of multiple EINO accounts, provided it has received and confirmed a user invitation. If it is recognized that an email address belongs to more than one account, a selection window will appear immediately after login, allowing the user to access the respective EINO account by click.

4.5 You can use the online platform personally, through your departments, or employees. The use by “bots,” programs, or in any other automated form is not permitted.

4.6 EINO is entitled to delete accounts without prior notice if the user has not provided their email address correctly during registration and a verification via double optin is not possible.

4.7 You are obligated to keep your data (especially the central customer contact data) up to date and inform EINO immediately of any changes.

4.8 You are responsible for ensuring that the account is not accessible to third parties and that the username and password are protected from third-party access.

4.9 You are responsible for all actions taken using your username and password as if they were your own actions. This does not apply if you are not responsible for the misuse, especially if you have protected your username and password from thirdparty access.

4.10 You must inform EINO immediately if a password or account has been misused or if you know or suspect that third parties have gained knowledge of a password or account.

5. Responsibility for Content and Prohibition of Unlawful Use

5.1 Any use of the online platform for illegal purposes is prohibited. It is not permitted to store content that is obscene, violent, violence-promoting, racist, xenophobic, pornographic, or sexually explicit, or that can be understood as such. Any violation can result in the deletion of all the customer’s accounts.

5.2 It is expressly forbidden to upload viruses, worms, or other harmful codes to the platform.

5.3 You are obliged to indemnify EINO on first demand from all claims that third parties assert due to your use of the platform for violation of rights.

6. Subject of the Contract, Services of EINO

6.1 By creating an EINO customer account (company), you acquire the right to use all functions and services listed in the chosen EINO package. This also applies to all user accounts created for the customer account (see section 3).

6.2 Unless otherwise stated, the use of the basic functionalities of EINO with a limited number of users (1 user) and limited cloud storage (1GB) is permanently free of charge. EINO is entitled to delete a free account after a period of inactivity (see AGB). This measure will be announced in advance by email (see AGB).

6.3 EINO services are offered both classically via access with a browser and via the EINO app (Google Play Store, Apple Store). For technical reasons, the functionality of the app may be somewhat more limited than when using the browser.

6.4 The exact scope of the individual offers is detailed on the EINO.world website or outsourced sales pages. EINO can expand or restrict the offers on the platform at any time. You have no entitlement to certain offers being available on the online platform in the future. The ordered offers are available to you during the contract period. However, EINO is entitled to terminate individual services considering the termination periods specified in these terms of use.

6.5 EINO guarantees the availability of all components at 99.5% per month.

7. Contract Conclusion, Contract Duration, Termination

7.1 With registration at EINO, a subscription with a symbolic amount of €0.00 automatically begins, which is renewed on a monthly basis. The day of registration is relevant because it plays a role in calculating the cost of paid products (see 7.3).

7.2 By ordering a paid EINO product, a contract for the use of paid services is concluded through confirmation in the online check-out process. The contract duration depends on the ordered product and is either 1 month or 1 year. Termination is possible at any time at the end of the contract period. There is no notice period.

7.3 For the price to be paid in the first month/year, the day of registration (see 7.1) is used as the basis. If the day of the order and the day of registration are identical, the full price is due. If the days differ, the price is calculated pro rata once (between 0-100%). In the following month/year, the full amount of the product is due on the (monthly) day of registration (see 7.1).

7.4 If an additional paid product is added to an existing paid subscription at a later date, all products are added to a total amount and are due on the reference day of the EINO account (see 7.1). For the first month/year of the new booking, the differential logic from section 7.3 applies accordingly.

7.5 If the contract is not terminated in time according to 7.2, it is automatically extended by the same duration as before.

7.6 Both parties may terminate the contract at any time for a good cause without observing a notice period. Good cause exists if, considering all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot be expected to continue the contractual relationship until the end of the notice period. § 314 BGB applies accordingly.

7.7 A termination is valid if the termination is carried out using the option provided on the platform (Settings/Delete Account). Terminations by phone, support ticket, or email are not permitted.

7.8 After an account is deactivated following termination or the end of the subscription period, it will generally be kept for a few days for security reasons. Thus, the account can be reactivated within this period if requested by the (former) customer.

8. Fees and Payment

8.1 For the use of paid services, the fees listed in the price list on the website are to be paid. All prices are always stated as net prices and do not include the applicable VAT in the user’s country at the time of payment. The fee is due upon ordering for the entire contract period.

8.2 Payment is due immediately upon ordering and automatic renewal. All costs of debt collection not caused by EINO, especially due to insufficient funds, incorrect credit card number, other incorrect information, or failure to notify about the termination or change of credit card agreements, must be borne in full by the user.

8.3 EINO is only obligated to provide the ordered service if EINO can freely dispose of the received payment.

8.4 EINO can change the prices for all offers and services at any time. The changed prices apply to all offers and services ordered after the change. For previously ordered offers and services, the prices valid and announced at the time of ordering apply, unless otherwise agreed between the parties.

9. Warranty for Material and Legal Defects

9.1 EINO guarantees the agreed quality of the ordered offers and services and that users can use them in accordance with the contract without infringing third-party rights.

9.2 In the event of material defects, EINO first provides supplementary performance. For this purpose, EINO will, at its own discretion, either provide the user with a new, defect-free version or eliminate the defect. The elimination of the defect is also deemed to have failed after the second unsuccessful attempt.

9.3 If the supplementary performance fails, the user is entitled to reduce the price or withdraw from the contract. The limitation period for claims due to material and legal defects is one year from the statutory commencement of the limitation period. The user must report obvious defects in writing within two weeks of the start of the service; otherwise, the warranty claim expires. This does not apply to fraudulent concealment by EINO. To meet the deadline, timely dispatch of the notification is sufficient.

10. Liability and Force Majeure

10.1 Regardless of the legal grounds, EINO is fully liable for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the licensor or an intentional or negligent breach of duty by a legal representative or vicarious agent of EINO, for the absence of a guaranteed quality within the meaning of § 443 BGB, as well as for damages caused intentionally or with gross negligence by EINO or a vicarious agent or legal representative of EINO.

10.2 In the event of a breach of a material contractual obligation that was essential to you at the time of contract conclusion, EINO is liable only for the typical contractual and reasonably foreseeable damages at the time of contract conclusion, unless the case specified in section 10.1 applies.

10.3 Any further liability of EINO for damages or reimbursement of futile expenses is excluded. Liability under the Product Liability Act remains unaffected.

10.4 Further aspects of liability can be found in §13 of the General Terms and Conditions.

11. Data Protection, Data Transmission, Confidentiality

11.1 EINO will store your data only within the scope of this contractual relationship and will particularly comply with data protection regulations. These are separately and comprehensively detailed in the Privacy Policy, which is publicly available in its most current version at https://eino.world/en_gb/privacy-policy/ and additionally accessible for each user in their own EINO account under “Legal Notices.”

11.2 Furthermore, EINO is committed to maintaining absolute confidentiality regarding all customer data. EINO ensures that all its employees and any subcontractors comply with these protective measures. More details can be found in the Data Processing Agreement (DPA). This is publicly available in its most current version at https://eino.world/en_gb/data-processing-agreement/ and additionally accessible for each user in their own EINO account under “Legal Notices.”

11.3 Contract processing, including the transmission of content, data processing, and data transmission, is generally encrypted over the Internet.

11.4 EINO is particularly entitled to forward personal data to the relevant service providers/payment gateways (e.g., Stripe) for payment processing and credit checks.

12. Applicable Law, Jurisdiction, Mediation Clause

12.1 All legal relationships between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions of international private law.

12.2 The place of performance and exclusive jurisdiction for all legal disputes arising from or in connection with this contract is the registered office of EINO World GmbH.

12.3 All disputes, except for the collection of claims arising from the paid use of the online platform pursuant to Clause 1, shall first be attempted to be resolved through mediation by an out-of-court mediator. Only if mediation fails to occur or ends without the dispute being fully resolved, shall the parties have the option to go to court. The parties are not prevented from filing applications in proceedings for interim relief or other urgent proceedings. In all other cases, a party must give the other party an opportunity for mediation before initiating legal proceedings. If the parties cannot agree on a mediator, the mediator will be appointed by EUCON, European Institute for Conflict Management eV, Schackstraße 1, 80539 Munich, Tel. +49 / 089 / 57 95 18 34, Fax +49 / 089 / 57 86 95 38, info@euconinstitut.de, www.euconinstitut.de upon the application of one of the parties

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