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«.
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.
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
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.
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.
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.
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.
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.
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.