1 INTRODUCTORY PROVISIONS
1.3 Any legal relationships not explicitly provided for by these TOUs shall be governed by the applicable laws of the Germany, unless stipulated otherwise.
2 CONTENT OF THE WEBSITE
2.1 The information on the Website is intended to provide users with the most important information about the Company, the Company’s Application and services. While we make every effort to provide up-to-date and accurate information, technical or informational errors may occur on the Website. However, the content of this Website is provided “as is”, without warranty of completeness, accuracy or timeliness, and without representations, warranties or other contractual conditions of any kind, express or implied.
2.2 The Company strives for continuous and error-free access to this Website. However, the company will not be liable if for any reason the Website is not available during any period of time. Access to this Website may be suspended at any time without notice. We reserve the right to restrict access to certain parts of our Website, or even the entire Website, at our discretion. In this connection, it is forbidden to circumvent or attempt to circumvent any restrictions on access to our Website.
2.3 The materials contained on this Website do not constitute legal or other professional advice. Consult your professional advisor before relying on the information provided on this Website; in this regard, you should not act in connection with the use of this Website without first verifying the necessary information and obtaining legal and / or professional advice.
3 APPLICATION AS A SERVICE AND INTELLECTUAL PROPERTY RIGHTS
3.1 The user of the Website and the Application acknowledges that the Website and the Application, including, but not limited to, products, graphics, user interface, text content, logos, designs, databases and source code, as well as the overall computer program – Application, contain protected information and materials that are always owned by the Company and that are protected by applicable intellectual property laws and other laws, including, but not limited to, copyright laws. The user of the Website and the Application undertakes to use such protected information or materials exclusively for the purposes of using the Application and in accordance with the General Terms and Conditions for the use of the Application (hereinafter referred to as the “GTC”). The User of the Website and the Application undertakes not to copy, reproduce, modify, rent, lease, lend, republish, sell, distribute, download or create derivative works in any way and will not use the Application and the Website in any unauthorized manner, including, but not only, unauthorized entry or network congestion. For any use of protected information and materials, other than the use of the Website and the Application in accordance with these TOUs and the GTCs, it is necessary to
obtain the prior written consent of the Company.
3.2 The user of this Website or Application, being used as a service, under an agreement concluded in the measure of GTCs, does not obtain any license rights.
4 RISKS ASSOCIATED WITH THE USE OF THE WEBSITE AND APPLICATIONS AND USER LIABILITY
4.1 The User of the Website and the Application agrees to use the Website and the Application solely at his own risk and to be fully responsible for any damage to computer systems and / or any loss of data, even if such loss or damage was reasonably foreseeable. The User may not misuse the Website and the Application by knowingly introducing viruses, Trojan horses, worms, or other material that is harmful or may cause technological damage. The User may not attempt to gain unauthorized access to the Website or the Application, to the server on which the Website or Application is stored, or to any server, computer or database connected to this Website. The User may not attack the Website or the Application by means of a denial-of-service attack, a distributed denial-of-service attack or any other attack threatening the functionality, security or protection of the Website, Application, data, including user and Website user data. In connection with such attack, the Company shall not be liable for any loss or damage caused by the user of the Website or Application, or other persons, as it accepts and performs, while maintaining professional
care, all possible measures (technical, organizational and legal) to prevent such attacks, resp. their negative impact.
5.1 THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR LIMITATIONS IN RELATION TO THE CONTENT OF THE WEBSITE OR APPLICATION. THE COMPANY ALSO DISCLAIMS ANY RESPONSIBILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USERS OF THE WEBSITE OR APPLICATION AS A RESULT OF ANY LEVEL OF TRUST PLACED BY USERS IN THE MATERIALS AND INFORMATION PUBLISHED ON THE WEBSITE OR APPLICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXCLUDES ALL LIABILITY TO THE USER AND OTHER ENTITIES IN RELATION TO THE CONTENT OF THE WEBSITE AND APPLICATION, UNDER ANY LAW, CONTRACT, WARRANTY, LIABILITY (INCLUDING NEGLIGENCE), AS WELL AS IN THE CASE OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR ANY OTHER DAMAGES, EVEN IF THE COMPANY WAS NOTIFIED,
KNEW OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 If the above statements are considered invalid under applicable law, the user of the Website and the Application agrees that any total damages that (i) may be demonstrably arising from their use or (ii) may arise solely as a result of errors or omissions in their content will be fully satisfied by the payment of a fine not exceeding EUR 100 (in words: one hundred euros). The User of the Website and the Application agrees that the Company shall not be liable for any direct, indirect, consequential, special or any other damages or lost profits not exceeding the above penalty.
6 FINAL PROVISIONS
6.1 The Company reserves the right to revise these TOUs of the Application (service) and Website at any time, and undertakes to always inform users about the effectiveness of the new terms. Some of the provisions contained in these terms and conditions may also be replaced by provisions or notices published elsewhere on the Website or in the Application.
6.2 These TOUs of the Application (service) and Website are governed by and construed in accordance with the laws of the Germany, regardless of the conflict of laws principles. All disputes or claims arising from them will always be decided by the relevant general Germany courts.
6.3 The provisions of these TOUs shall apply from the date of their entry into force, which shall be the date setout below.
In Berlin, Germany
20th of December, 2021
DingoDot GmbH, Peter Fusek, CEO