Terms of use

Effective date: 1. October 2014

These terms and conditions constitute a legally binding agreement between you and effution.

You must agree to these terms and conditions to make use of our services. Please read these terms and conditions carefully. By using our services, you agree to these terms and conditions. If you do not accept these terms and conditions, you are not allowed to use our services. Our terms and conditions shall apply to all content and services (e.g. information, data, text, images, graphics or software), which are provided by effution or affiliated companies with the effution. All content, services, and products are referred to as »services«.

Description
effution provide access to various services through the Internet. All of our services, such as website, customer portal or software, including updates, fixes, enhancements, and new features are subject to these terms and conditions. Therefore, additional terms or conditions may apply for example for our software, for downloads or specific online services. In such cases, the additional terms and conditions will be subject to these terms and conditions and take priority.

General
These terms and conditions govern the relationship between effution and you as an end user regarding the available services. These terms and any additional conditions that you have accepted for the use of our services are governed by the law of Germany and represent the entire agreement between you and effution. It supersedes all prior agreements, unless primarily and otherwise agreed. These terms and conditions and all disputes relating to these terms and conditions are subject to German law to the exclusion of the UN Sales Convention. The applicable law may differ from some services. If you are an individual person located in Germany, the applicable place of jurisdiction for any disputes arising from or in connection with these terms and conditions is a court within Germany. If you are a legal entity or individual person located outside Germany, the exclusive place of jurisdiction for any disputes arising from or in connection with these terms and conditions is Augsburg, Germany. The failure of effution to exercise or enforce any right or provision of these terms shall not constitute a waiver of respective right or provision. If a condition of this agreement is invalid or loses the validity by German law, the effectiveness of all other conditions of these terms remains in full force and effect. In this case, you agree that an attempt is made with the change to meet the original intent of effution for the condition, which has become invalid. The section titles in these terms of use are for convenience only and have no legal or contractual effect. These terms and any rights or licenses granted, may not be transferred or assigned by you, but may be assigned by effution without restriction.

Usage
By using our services, must follow any policies made available. Except, primarily applicable agreements with different conditions, we offer the services for your own personal and non-commercial purposes only. The usage of effution services for public or commercial purposes is prohibited. In any case, effution remains always the only legitimate owner of all available information, content, and services. These terms of use grant you no right to use any trademark, design, images, graphics, logos, or other proprietary rights of effution services. You may not remove the disclaimer of our services by or within the usage, mislead, or alter it in any other way. You acquire no copyright or intellectual property rights of our services or intellectual property that you use by accessing or using effution services. The use of our services in abusive manner is strictly forbidden and also prohibited by German law. You must not use our services in a way which damages our systems, overload, disable, or affect the use by third parties. You are not entitled interfere our services or to access it in another way, rather than we make it accessible by the available surface or the valid policy standard. You are also not permitted to modify services or software of effution, to copy, to distribute, to transfer, to display, to reproduce, or license to third parties or to sale it. You may use our services only in the applicable legal framework. These include also the regulations by law for export and re-export control. effution is entitled to suspend the provision of services or to discontinue them, if you violate our terms of use or other agreements. Similarly apply, if we investigate bad behavior such as potential fraud and security violations. Our services may visualize content that is not from effution. effution is not obligated to review such third-party content, does not control it, and is not responsible for this. effution reserves the right to review the content on its illegality or infringement of policy. In this case, we can remove this content at any time partly or completely without any information or notice. If it has been agreed in individual condition, we may provide additional information to contractual relationship and the usage of our services. The effution services are protected under German and international copyright laws. Any unauthorized use of the effution services may violate copyright, trademark, intellectual property, and other laws.

Change
effution reserves the right to modify these terms and conditions at any time in its sole discretion and without giving any reason and notice to you. In case you use offline documents, the latest valid version can be viewed by clicking on the hyperlink »terms of use« at any time. Changes of these terms and conditions are published only on this page. These terms and conditions apply immediately for all accesses that are made after the publication. By your continued usage of our services, you confirm the acceptance of all changes and your compliance to those conditions. The changes of the terms of use are not retroactive. Completed transactions remain unaffected by the changes. You will be separately informed about changes unless an existing priority agreement contains that condition. Existing contractual relationships are not automatically granted as primarily.

Access
Obtaining hardware and software for accessing and usage of effution services are obligations of the end user and for paying all charges related thereto as well. Registration is required for the usage of some services. You agree to provide true, current, complete, and accurate information in the registration process. In addition, you agree to maintain your effution account for the duration of the usage of services, to make sure your given information stay true, accurate, current, and complete. Some services allow you to select a user name and a password by yourself. You are fully responsible for maintaining the confidentiality of your user name and password. You are responsible for all activity on your account. You agree to inform effution immediately of any unauthorized use of your account or any other security incident. effution reserves the right to request a change of your password, if your password might has been compromised according to effution. effution is not liable for damages through malicious use of your account with or without your knowledge. It is not permitted using an account other than your own. effution kindly remind you, that you liable for the illegal use of your account, and might be accountable for the resulting damage. In case, you are creating a effution account, we may also gather personal information. These data are handled by effution always and exclusively in accordance with the data protection laws of Germany. A effution account can be created by an administrator or application manager of your enterprise. Other or additional conditions may apply to this case, because your administrator or application manager can access your account, reset your password, or disable your account. effution is not obliged to monitor the services. However, we reserve the right, to block or delete maliciously used accounts at any time.

Data Privacy and Copyright Protection
The effution privacy statement explains how we proceed with your data and protect them once you use our services. You can review our privacy statement at any time by clicking on the link »privacy statement«. effution responds to messages about potential copyright infringement and terminate, lock, and delete the accounts of individual persons or legal entities, which violate these regulations. effution reserves the right, to provide information at any time, whose publication is required due to applicable law, legal processes or by public authorities. Some services allow you to upload your own content. Of course, you retain the copyright and all your rights as legitimate owner and all existing rights to such content. Further information about handling of data, can be found in our privacy statement.

Warranty and Guarantee
The use of effution services is entirely at your own risk. Our services are provided »AS IS« and without warranty or guarantees. In general, effution makes no claim about warranty, guaranty, or liability, whether explicit, implicit, legally or otherwise usage of our services, including commercial warranties dedicated usage and non-infringement of proprietary rights, as well as intellectual property rights and copyrights. effution takes no warranty or guarantee for reliability, security, or availability of our services. If not otherwise negotiated based on an individual agreement, neither effution, nor legal entities of effution or resellers, will make any promises. We do not make commitments about our services or suitability for your purposes. We provide our services only in the latest available version. You agree that your usage of effution services is entirely at your own risk. You agree that you are fully responsible for potential resulting damages, including loss of your data or damage of your equipment. For commercial services effution provides, primarily other individual agreements may supersede warranty and guaranty based on these Terms of Use.

Liability
To the extent permitted by applicable law, the liability for direct or indirect damages caused by usage of effution services is limited to the minimum possible, for intent and reckless. The limitation of liability shall apply to the maximum extent permitted by applicable law. This also applies to links to third parties, our services may reference or which might be accessible through our services, including the liability the use of services arising from the third party.

Liability is also excluded for loss of profit, loss of revenue, business interruption, loss of business value or fitness for use or loss of other profit, regardless of whether such damages is based on warranty, contracts, malicious activities, legal obligation or regulations by law, even if effution was prior informed about that damages or should know about it. For commercial services effution provides, primarily other individual agreements may supersede liabilities based on these Terms of Use.

Specific Exclusions of Liability
effution takes no liability, warranty, or responsibility for the topicality, completeness or accuracy of the information provided. These may include typographical and technical errors. Thus, effution strongly recommends always verifying correctness and completeness of the information our services provide before you make a decision. With our services, we provide generally applicable information and description, which may include future statements. This information includes statements and risks with different uncertainties, which may differ significantly from actual results. effution cannot ensure that reported bugs will be fixed, even if all information were provided to resolve it.

Exclusions and Limitations
The exclusion of certain warranties or the limitation of liability for specific damages is prohibited by law in some cases. In these cases, the exclusions and limitations in these terms are perhaps not valid. If this should be legally prohibited, scope and duration of such implied warranties are limited to the permitted minimum by applicable law.

Indemnification
If you use our services on behalf of a legal entity, that legal entities accept these Terms of Use. It will hold harmless and indemnify effution, managers, and employees from any claims, losses, damages, fees, judgments litigation costs and attorneys’ fees or other costs in that regard, which cause cost for effution due to abuse of our Terms of use, by yourself or through abuse of your account. effution reserves the right to assume that falls under this obligation the exclusive defense and control of any operation. In this case, you agree to fully cooperate with effution.

Termination
If not excluded by a primarily individual agreement, effution has the right to terminate, change or disable your registration or access to effution services at any time, for any reason and without prior notice, if applicable by law. We would regret it, but you can stop the access to and usage of effution services at any time. In this case, you can export your data from these services, as long as the grace period is not exceeded. In case of violation of the Terms of Use, your permission to use effution services will automatically terminate. In this case, you agree to ultimately delete any illegal used content or copies of information provided by effution services. These terms and conditions remain effective even after the termination of the usage of the effution services.

Links to Third Parties
The effution services may contain links, which lead you to other websites. effution is not responsible for content, links, changes, or updates to these sites. effution is also not responsible for other types of data transfer of such linked sites.

Restricted Rights
Any effution service and software is provided with restricted rights, if is used from services of U.S. Government, or on behalf of the United States of America, and its agencies. The use, duplication or disclosure is subject restrictions as set forth in e.g. Technical Data and Computer Software (DFARS 252.227-7013 ff.), Commercial Computer Software Restricted Rights at 48 CFR 52.227-19 (CFR 52.227-19), or others.

International Rights
The usage of effution services by regions, which it considered illegal or are restricted is prohibited. You act at your own risk and are responsible for compliance with the applicable local law when you access effution services from outside Germany. You agree to use effution services, observing all legal exports and re-import regulations and make sure you do not transfer protected information to prohibited countries or to be transferred by third parties. With the usage of the effution services, you confirm that you do not live in these countries or included on one of these lists are. The export and re-export of protected data in an illegal manner or in countries, which are subject to an EU/US embargo or to persons/entities on the list of specially designated nationals of the U.S. Treasury Department or the table of deny orders of the U.S. Commerce Department, is prohibited.

Validity
Information and services that effution make available on the Internet worldwide may contain notes or references to services that are not announced or available in certain countries. Such reference does not mean that effution announces these services in your country or makes available.

Translations
These Terms of use can be provided in other languages rather than German. The translation was perhaps performed by a person or a software program without being tested by effution. These translations are provided for convenience and effution gives no guarantee for the correctness and completeness, regardless of whether this translation was created manually or automatically.