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Terms

Updated: Oktober 22th, 2015



  1. General
    1. Spacedeck GmbH, Torstraße 165, 10115 Berlin ("Spacedeck") is a web based platform that allows users to work online in digital project spaces as well as all related services offered as further specified on https://spacedeck.com (the "Website") and individually offered by Spacedeck (jointly the "Services", "Service"). The scope of Services is subject to the individually ordered subscribed plans (the "Plans"). The Services may also be used for free to a certain extent as further described on the Website.
    2. The Service allows the Users the possibility to create, store, and edit content (the "Content") on web pages ("Spaces") that can also be shared, along with other Spaces, among several people in folders ("Folders").
    3. All contractual relationships between Spacedeck and any user using the Services offered by Spacedeck (a "User", "Users") shall be governed by these Terms of Service (the "Terms of Service"). By registering with Spacedeck’s Website or using the Services, the User agrees to be bound by these Terms of Service.
    4. The Service offerings of Spacedeck are available to both Consumers and Business Clients (as defined below). For the purpose of these Terms of Service, (i) a „Consumer" is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Client" is a User (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
    5. Standard business conditions and/or general terms and conditions of the User do not apply, regardless of whether or not Spacedeck has expressly objected to them in a particular case.
  2. Registration
    1. Any use of the Services requires prior registration on the Website by creating a Spacedeck account and acceptance of these Terms of Service. By clicking the button containing the words "Sign up" a User agrees he has read, understood, and accepted the Terms of Service.
    2. Spacedeck offers its Services to persons over 18 years of age.
    3. The User is responsible for the accuracy of the information necessary for registration as a User. He is obligated to keep passwords secret and protect it against unauthorised use by third parties. In case of misuse or loss of the password or in case of an appropriate suspicion, he must report the same to Spacedeck to support@spacedeck.com.
  3. Use of Services
    1. Offers published by Spacedeck on the Website are non-binding.
    2. The User may use the Services within certain limits free of charge for a trial run after registration.
    3. Furthermore, Users may use Spacedeck’s Services upon subscribing for a Plan. A Plan includes the use of a certain level of Services and a certain period of time depending on the size of the respective Plan as further described on the Website.
    4. By placing an order by clicking "Upgrade" (= "Purchase"), the User makes a binding offer to use the respective Services within a Plan. The offer shall be deemed to be accepted by Spacedeck either upon e-mail acceptance of the offer or by making available the respective Service. Upon the acceptance of a purchase, a contract between the User and Spacedeck is concluded (the "Contract").
  4. Technical Requirements
    1. In order to use any of the Services, the latest version of Apple Safari, Google Chrome or Mozilla Firefox is required. We will update all technical information on our platform frequently ("Technical Requirements").
    2. The User is solely responsible for the fulfilment of the Technical Requirements; Spacedeck does not owe and/or provide any consultancy services in connection therewith.
    3. The use of Services may differ depending on the hardware and/or software used by the User.
  5. Prices and Payment
    1. The User will be required to provide Spacedeck with billing and account information for credit card, debit, or other payment systems, such as PayPal, (each a "Payment Source") for which the User is authorized to approve charges to allow Spacedeck to collect payment from the Users for their purchases. The Users authorize Spacedeck to automatically and immediately bill your Payment Source when payments for purchases are due.
    2. The fees for Plans offered by Spacedeck are listed under Pricing at https://spacedeck.com, which are binding.
    3. Payments for Plans will become due on each interval of thirty days starting on the day of purchase.
    4. The stated prices include statutory VAT. All other charges in connection with the use of the Services (e.g. charges by collecting societies) shall be borne by the User.
  6. Contract Period, Termination of Contract, Cancellation of account
    1. The Plans are offered within the framework of a subscription. The term of use for each Plan is subject to a minimum period of use of thirty days and shall be renewed for another month each time the User does not terminate the Contract as further defined in Section 6.2 below.
    2. The User may cancel his registration used for the trial run at any time without stating reasons. Furthermore, the User may terminate a Contract any time with a two weeks period to the end of the respective Minimum Period of Use of the Plan or to the end of the respective renewed period.
    3. The right of termination for cause and without notice remains unaffected for both parties. A good cause for termination shall include, but shall not be limited to, any of the following events:
      1. the User fails to comply with any applicable legal provisions;
      2. the User fails to comply with any terms of these Terms of Service;
      3. the User fails to pay the fees for his Plan.
    4. The User shall be entitled to the reimbursement of any advanced payment if Spacedeck terminates the Contract for good cause or if the User terminated the Contract.
    5. Any termination must be at least in text form according to section 126b BGB (e.g. by letter, email) to Spacedeck GmbH, Torstraße 164, 10115 Berlin or support@spacedeck.com.
    6. After a User has terminated his contract, Spacedeck will provide any stored data in the account for the free use of the Services according to Section 3.2 hereof or for the use within further Plans. Spacedeck will delete any Content after a User has cancelled his registration.
  7. Prohibited use
    1. The Users shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. It is particularly forbidden to use the Website and/or Services to distribute illegal Content, to distribute junk mail/spam and/or Content that infringes third parties rights, in particular but not limited to
      1. pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Contents or to advertise, offer, or sell such products;
      2. malware;
      3. Content that affect or infringe the rights of third parties or that are covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner;
      4. to use temporary email addresses;
      5. to provide names, addresses, telephone numbers, facsimile numbers, email addresses, member names, or other data of messenger services;
    2. Spacedeck reserves the right to delete any infringing Content according to this Section 7.
  8. Revocation
    1. Any User who is Consumer according to the definition in Section 1.4 hereof is entitled to revoke his order as follows:
      -Notification of revocation-
      
      Right of revocation
      
      Any User who is a Consumer may revoke his offer to use the services within a period of 14 days
      without having to state his reason. The revocation has to be done in text form (e.g. letter, e-
      mail, fax). The period starts with the receipt of this notification in text form, but not prior the
      conclusion of the contract, not prior Spacedeck has fulfilled its obligation to inform according
      to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB, and not before Spacedeck has
      fulfilled its obligation to inform according to § 312g para. 1 sentence 1 BGB in conjunction with
      Article 246 § 3 EGBGB.
      
      Dispatching the revocation or the product on time is sufficient to comply with the revocation
      period. The revocation is to be directed to:
      
      Spacedeck GmbH
      
      Torstraße 164
      
      D-10115 Berlin
      
      Email: info@spacedeck.com
      
      Consequences of revocation
      
      If the user revokes his offer effectively, both parties must mutually return the received
      contractual services including derived benefits (e.g. interest). If the user cannot completely
      return the received contractual services or emoluments (e.g. advantages of using) or if you can
      only return them in declined condition, the user has to compensate the lost value. This may
      result in the User obligation to fulfill his contractual obligation of payment for the term until the
      right of revocation was exercised.
      
      Special note
      
      The right of revocation expires prematurely, if the contract, at Users express request, has been
      executed in full by both parties prior to User exercising his right of revocation.
      
      - End of notification -
      
  9. Liability of Spacedeck
    1. Spacedeck is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence by Spacedeck, its legal representatives or senior executives and for damages that have been caused by deliberate intention by other assistance in performance; in respect of gross negligence of other assistants in performance Spacedeck’s liability shall be as set forth in the provisions for slight negligence.
    2. In cases of slight negligence, Spacedeck is only liable if it, its legal representatives or assistants in performance has infringed a fundamental duty and if the purpose of the contract is threatened thereby or if its legal representatives or assistants in performance have infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfilment of these duties. In the aforementioned cases, Spacedeck is only liable for foreseeable damages of the User at the time the respective Service was performed. Liability of Spacedeck for consequential damage and lost profit is excluded.
    3. Spacedeck is only liable to Business Clients according to the definition of Section 1.4 hereof in the event of gross negligence for predictable damages up to the amount of the respective price of Service or Plan.
    4. Spacedeck will not be liable hereunder by reason of any failure to timely perform its Services due to an event beyond its reasonable control, including force majeure; acts of terrorism; civil unrest; war; fires; power cuts; epidemics.
    5. Spacedeck will make every effort to provide a stable and powerful Service in cooperation with service partners and data processing centres. However, potential service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of Service. No guarantee of Spacedeck shall be given for the absence of viruses or any other other harmful components of the Website or Spacedeck’s software.
    6. If the liability of Spacedeck is excluded or restricted, this also applies to the personal liability of his employees, representatives, and agents.
    7. The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects of Spacedeck, its legal representatives or assistants in performance.
    8. Spacedeck offers features within its Services that are provided by third parties (e.g. Aviary Inc., Dropbox Inc., Google Inc.) (the "Third Party Services"). The User will be informed before each use of any Third Party Services, e.g. by stating "powered by …". The User may, but is not entitled to, use the Services and, use the Third Party Services on its own responsibility. Spacedeck is not liable for any damages caused by the use of Third Party Services. Only the respective third party is liable for the Third Party Services.
  10. Indemnification
    1. A User will indemnify, defend, and hold harmless Spacedeck and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities ("Losses") that arise out of, or in connection with (i) the Users use of the Website and/or Services; (ii) any breach by User of any warranty defined in Section 8; (iii) any claim that the User’s Content caused damage to a third party.
    2. In cases of an aforementioned enforcement of claims by third parties, the User will provide Spacedeck with all the information that is needed for the examination of the claim and for the defence against it. The User provides the information immediately, truthfully, and completely.
  11. Intellectual Property Rights
    1. Spacedeck License
      Subject to the Users compliance with the terms and conditions of these Terms of Service, Spacedeck grants its Users a limited non-exclusive, non-transferable license to access and make personal use of the Website and the Services including certain software but not to download or modify it, as part or as a whole (the "Spacedeck License"). The Spacedeck License does not include the right of any resale or other use outside the offered Services. Any commercial use of the Website and/or Services requires Spacedeck’s prior written approval. The Spacedeck License granted to a User will automatically terminate without notice from Spacedeck if the respective User breaches any terms of these Terms of Service.
    2. User Content
      Spacedeck does not claim any ownership rights in User Content. However by uploading, posting, emailing or otherwise transmitting any Content to Spacedeck, a Space, or a Folder, the User hereby grants Spacedeck the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, modify, transmit, store, archive, display and publish the Content for the purpose of providing the Services.
  12. Data Protection
    1. Please find our Privacy Policy on our Website at https://spacedeck.com/privacy
  13. Miscellaneous
    1. Any contracts entered into between Spacedeck and a User shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
    2. If the User is a Business Client or if the User is a legal entity or a foreign special fund organized under public law, the courts in Berlin, Germany, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.
    3. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.