The following conditions (the "General Contractual Conditions") apply to the use by Callab.me (hereinafter referred to as the "software") by Maximum Management GmbH as part of the product Callab.me, hereinafter Called "Callab.me", manufactured and as a software-as-a-service, its paying and not paying Are made available to users (hereinafter referred to as "users").
The subject of the contract is the use of our services free of charge or after the conclusion of a Subscriptions according to the specified services in our subscription description, as well as storage and Processing the during the use of data that is saved in accordance with our data protection agreement, processed and deleted become.
The type and scope of the services provided are described by the subscription types. The scope of the Services can vary depending on the type. Callab.me always endeavors to update its software at all times and fully to make available. However, due to technical problems in the software, the Servers, external Services or other circumstances come to restrictions in usability. Callab.me can hence the users no guarantee of reliability or availability of the services offered do.
In the event of discrepancies, the contractual agreements apply in the above order.
Further conditions, in particular general terms and conditions of the contractual partner don't come to Use, even if Callab.me does not expressly contradict them. Apply exclusively the general terms and conditions of Callab.me.
Callab.me grants the customer a non-exclusive, not for the duration of the contract transferable and not sublicensable right to use the software mentioned in the contract. The Providing the Software is done over the Internet. The transfer point for the services is the online portal from Callab.me. Of the Customer undertakes to use the software exclusively in accordance with the contract and neither to Pass it on to third parties nor make it accessible to third parties in any other way. The customer is not authorized to use the software "reverse engineer", to decompile, to disassemble, to reproduce or any Part of the software too use to create a separate application. This also applies expressly to the im Framework from Dedicated Hosting provided source codes.
The customer hereby recognizes Callab.me as the sole licenser of the software and thus connected Copyrights. Callab.me's rights as the sole licensor also relate to Extensions of the software, which are made available to the customer unless otherwise agreed in writing.
The customer hereby recognizes Callab.me's brand, name and patent rights in relation to the software and the associated one Documentation. The customer may copyright information or other similar Ownership notices in the Do not remove, change, or otherwise remove programs and related documentation modify.
The data recorded, processed and generated by the software are stored on the servers by Callab.me saved. In any case, the customer remains the sole owner of the data and can therefore from Callab.me at any time, especially after termination of the contract, the surrender of some or all of them Request data without Callab.me having a right of retention. Upon termination and after termination of membership (either by requesting the user by email or by deleting it the portal) all personal data is irrevocably deleted in accordance with our data protection declaration. The Publication of the Data is sent electronically via a data network or separately Agreement by handover of data carriers. The customer has no claim to this, including the use of the data suitable software too receive. Responsibility for the admissibility of the collection, processing and use of the Data as well as for the Protection of the rights of the data subjects (information, use, correction, blocking, deletion) lies with the customer.
In the event of violations of the conditions of use mentioned, Callab.me is entitled to the Contract whole or partially terminate without notice. In this case Callab.me also reserves the right Asserting oneself out claims for damages against the customer resulting from the breach of contract, especially with the Exploitation of software errors or the deliberate stealing of services outside of the on subscription specified services.
The minimum term for the provision of the subscription is 1 month. The contract period lengthens automatically for another month if there is no cancellation. The amounts are from the last deposited Direct debit or credit card data collected.
Callab.me is entitled to terminate the contract without giving reasons.
Callab.me retains itself in the course of technical progress and performance optimization after conclusion of contract Further developments and changes in performance (e.g. by using newer or different ones Technologies, systems, Procedures or standards). In the event of significant changes in performance, appropriate notification to all customers, especially if this results in data protection regulations to change. Arise for the customer has significant disadvantages due to the changes in services, so the customer has the right extraordinary Termination of the contract on the date of change. The cancellation must be made by the customer within two weeks after Receive notification of the change in performance.
If new versions of the software are provided, Callab.me will grant the customer the information in section 3 listed Rights accordingly for the respective new version.
Callab.me ensures that the software provided is suitable for the requirements of the Customers more suitable Environment and characteristics as well as hardware suitable for the customer's intended use is operated. Callab.me performs daily backups of the data stocks after a maximum of 31 days irrevocably deleted become.
The availability of the services is constantly monitored and in the event of errors or Will be unavailable basically responded immediately. Despite great efforts, failures can occur Limitations as well as bad Bandwidths can never be completely excluded. Callab.me can therefore not be 100% availability to guarantee.
Faults in system availability can be reported by the user as soon as they become known become. The Callab.me technical team will try to solve the problem immediately. Often is Limitations of Video streaming or audio streaming a poor internet connection of the user responsible. Therefore there is of The user is not entitled to have the restriction removed, it should not be clear recognizable signs of a System error on the part of Callab.me.
The user may not use the callab.me services to:
The user may only use the Callab.me services as provided. The Use of self-written code, browser plugins, scripts or other not from Callab.me provided software in Combination with the services of Callab.me is not permitted. The reverse Engineering, decompiling or other techniques to detect vulnerabilities are not permitted.
Any attempt to exploit a vulnerability, violate these rules, or that Carry out illegal activities on the platform are legally prosecuted and reported.
The user has to take care to choose his password securely and nobody pass on.
It is not possible according to the state of the art, errors in software among all Conditions of use to exclude.
Errors in the software and the associated documentation will be reported within a reasonable period free of charge Callab.me eliminated as far as possible. Prerequisite for this The right to rectify errors is that the Error is reproducible and not related to the user's internet connection. Callab.me can be used for Fulfillment of the warranty obligation at your own choice, either repair or replacement deliver. In particular, can Callab.me to fulfill the warranty obligation to the customer a new version of the software to disposal put. It is the same as troubleshooting if Callab.me offers an alternative solution faulty function delivers, which allows the customer the contractual use.
Warranty claims are excluded if the software does not comply with the contract is used. Of Furthermore, the warranty claims are excluded if the customer changes or Extensions to the im Executes the software mentioned in the contract, e.g. with the use of not from Callab.me developed browser plugins or mobile apps.
Becomes an essential reproducible and not with the user's internet connection more coherent Program errors not corrected according to the mentioned conditions of Callab.me, the Customer the reduction of the monthly fee. Callab.me has the same right when producing the Error correction with reasonable effort is not possible. If it turns out during troubleshooting, that the problems Callab.me. can be attributed to operating errors or improper use by the customer a reasonable one Request remuneration for the effort incurred.
Callab.me does not guarantee that the customer's individual requirements will be met those in the contract called software. This applies in particular to the failure to achieve the desired economic success. Warranty claims against Callab.me are only available to the direct customer cannot cede become.
In any case, the contractual and tortious liability of Callab.me is except for intent and coarser Negligence for limited to the amount of the monthly contribution. Liability for is lost profit locked out.
For interference on telecommunications connections, for interference on cable routes within of the Internet, at force majeure, in the event of fault on the part of third parties or the customer himself, Callab.me will not Liability assumed. Passwords must be chosen securely and should not be on other sites or programs reused become. The use of 2FA is recommended.
For the services, a monthly fee agreed in the contract can be charged if a chargeable Subscription is completed. The fees incurred will be paid after the purchase has been completed chosen means of payment settled. If the payment is unsuccessful several times, the subscription becomes automatic with immediate effect canceled and the services reduced to those of the free subscription. The user here automatically informed by email and can deposit an alternative payment method to be Subscription continue to use.
Payments are made by direct debit or credit card clearing. If the Payment deadline will be in Delayed event Services limited. The customer is not authorized to use Callab.me requirements offsetting, unless it is a legally established claim or from Callab.me in writing recognized claims.
The contracting parties undertake to obtain the items obtained within the scope of the contract Findings - in particular technical or economic data and other knowledge - to be kept secret and you to be used exclusively for the purposes of the subject of the contract.
This does not apply to information that is publicly available or without unauthorized information To do or Failure of the contracting parties to become publicly available or due to judicial Arrangement or one Must be made accessible by law. If within the scope of the contract personal data must be processed, Callab.me and the customer become the legal ones Comply with data protection regulations.
The place of performance is Mainz / Rhineland-Palatinate. The place of jurisdiction for both contracting parties is Mainz. It applies exclusively the law of the Federal Republic of Germany. The contract, its additions and Changes as well Changes to the form must be made in writing.
Should a provision of the contract be or become ineffective, this affects the validity of the contract in Not the rest. The contractual partners undertake to replace the ineffective provision by a to replace those that comes closest to what is economically desired. The same applies if there is a gap in the contract should be revealed.