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General Terms and Conditions (GTC) of the platform Tracking3.io
provided by Martin Melzer IT-Dienstleistungen

FOR YOUR CONVENIENCE, WE HAVE PROVIDED A TRANSLATION OF THIS PAGE. THIS TRANSLATION IS FOR INFORMATIONAL PURPOSES ONLY, AND THE DEFINITIVE VERSION OF THIS PAGE IS THE GERMAN VERSION.

I. Scope of Application, Amendment of the GTC

  1. These General Terms and Conditions of the platform Tracking3.io, provided by Martin Melzer IT-Dienstleistungen, Schimmelstr. 17, 06108 Halle (Saale) (hereinafter referred to as “Tracking3.io”, “we” or “us”) apply to all contracts for the provision of internet services between Tracking3.io and its clients.
  2. This GTC apply to all contracts or individual special agreements concluded between the parties, even if these do not expressly refer to the GTC. Deviating general terms and conditions of the Client shall not apply, even if Tracking3.io does not expressly object to them unless their validity is expressly agreed to in writing. Provisions contradicting or conflicting with these GTC in other closed contracts or individual special agreements between the parties take precedence over these GTC.
  3. Tracking3.io reserves the right to change these GTC at any time. In the case of new contracts, the version applicable at the time of the conclusion of the contract shall be decisive. In relation to existing clients, the amended GTC shall only apply subject to the special requirements of the following paragraph.
  4. The Client will be informed about the changes four weeks before the changes come into effect by e-mail to the address stored at Tracking3.io for contract communication. In the context of this information, the Client will be informed about the new contract conditions. The Client is entitled to object to the validity of the new contractual conditions within four weeks after receipt of this notification. If the Client fails to object, the amended contractual conditions will become part of the contract after the expiration of the four-week period. Tracking3.io will expressly point out this period to the Client within the scope of the notification of change. In the event of a timely, formal objection, the previous GTC will continue to apply in the relationship between the parties; in this case, both the Client and Tracking3.io are entitled to terminate the contractual relationship as of the planned effective date of the changes.

II. Conclusion of Contracts, Communication

  1. Every Client can create an account on www.tracking3.io for free by registration. The Client can then create a free project. Within the scope of this free project, the Client can use three seat licenses.
  2. Members of a project are only users of Tracking3.io according to these GTC.
  3. If a Client wants to use more than three seat licenses or other features that are not free of charge, he can create an organization. Then he becomes the organization owner in the sense of these GTC. The organization owner enters into a contract with Tracking3.io by registering on www.tracking3.io and creating an organization in the application.
  4. Only the organization owner is a cost debtor. The user of a project is not a cost debtor. Only the organization owner or his representatives in the sense of §§ 164 ff. BGB (German Civil Code). The terms of payment are incumbent only on the organization owner, which is regulated in more detail under IV. of these contract conditions.
  5. The organization owner has all access rights regarding payment modalities, license administration and invoices. If a user is authorized as a representative to exercise these access rights, reference is made to §§ 164 ff. BGB.
  6. The organization owner only needs his seat license if he wants to have access and thus insight into his projects. If, on the other hand, he only wants to manage the organization, in particular the projects, the registration of an account and the establishment of the organization is sufficient. The same applies to registered Clients who are representatives within the meaning of §§ 164 ff. BGB of the organization owner.
  7. Unless otherwise stated, offers and telephone information from Tracking3.io are non-binding. The offers and service descriptions published on the website of Tracking3.io at www.tracking3.io shall be authoritative in each case.
  8. Orders of the Client can be accepted in writing or by e-mail. It is not possible to place an order by telephone, but Tracking3.io will submit a written offer to the Client upon such request. The validity of our offers is limited to one month from the date of delivery of the offer to the Client.
  9. A contract is concluded only when the Client’s order is confirmed by us in writing or by e-mail, or an offer is accepted in writing or by e-mail. The sending of a confirmation of receipt of an order does not constitute the conclusion of a contract.
  10. Preliminary services provided by us, including product demonstration, requirements and compatibility testing, concept development, rollout plan and cost estimate, which we provide within the scope of an offer at the request of the Client, may be invoiced to the Client, even if no contract is concluded, provided that we have expressly notified the Client of this before providing these preliminary services.
  11. There is no right to conclude a contract with us. We allow ourselves the freedom to reject any offer of a Client to conclude a contract without giving reasons.
  12. Unless the Client expressly and in individual cases requires written notification, the Client agrees to information on current contracts being sent to him by e-mail. This also applies to confidential information such as, in particular, the access data for services ordered by the Client.

III. Scope of Services

  1. The subject matter of the respective service, as well as the scope of the deliveries or services to be provided by us shall generally result from our order confirmation or the concluded contract.
  2. The scope of performance or functionality of the services rendered shall be determined by the product descriptions valid at the time of conclusion of the contract. Additional agreements in special cases, e.g. regarding capacity, timing, compatibility or networking possibilities, depending on the client-specific situation and must be expressly agreed upon in writing. This shall also apply to individual client-specific adaptations and other special conditions of use.
  3. The provision of services does not include any obligation on our part to check or establish client-specific requirements for the use of our services, to advise the Client, to train the Client or to provide the Client with additional materials that are not explicitly included in our offers or descriptions of services.
  4. If program documentation or an operating manual is included in our services, then only in electronic form, if necessary as part of the software, unless otherwise expressly agreed in writing. Any documentation will be provided in English only.
  5. Tracking3.io relies on infrastructures operated by third parties for the provision of its services, over which Tracking3.io has no influence. Therefore, disruptions or impairments may occur that have their cause outside the sphere of influence of Tracking3.io, in particular disruptions of the Internet or due to force majeure. Tracking3.io guarantees an availability of its services and performances offered via the Internet of at least 99.5% per year. Availability is given if the servers and services are essentially operational. The following circumstances shall not be considered as disruptions of operation:
    • interruptions of accessibility due to disturbances in the area of third parties, over which Tracking3.io has no influence
    • interruptions due to force majeure
    • short-term interruptions of the operation, which are necessary in order to prevent or avoid concrete threats due to possible misuse by third parties (so-called exploits) (e.g. by updates).
  6. In order to maintain a high level of security, software updates are regularly installed. This may change the scope and design of the services provided by Tracking3.io. It cannot be ruled out that this will also necessitate changes to the contents deposited by the Client. As far as this can be foreseen in advance, Tracking3.io will inform the Client thereof in due time. If such a system update requires unacceptable changes for the Client, the Client may terminate the contract extraordinarily.
  7. Tracking3.io is entitled to have the services owed by it rendered in whole or in part by third parties.
  8. During the term of a contract, a change of the offered services, both of higher and lower value, is possible at any time by the organization owner (subscription change). No fees shall be charged for the change; the organization owner shall be notified of any changes in the remuneration for the service provided prior to the change. The organization owner will be informed about the execution via e-mail. Corresponding changes in the remuneration of the service provided shall become valid at the time of the changeover and shall be taken into account in the subsequent settlement using a (partial) credit note or an increase in the fee.
  9. Unless otherwise agreed, there shall be no minimum contract term.
  10. Unless otherwise agreed in the contract, Tracking3.io will answer Client questions as a support service by e-mail. Support requests can be made by e-mail or by using the contact form on https://www.tracking3.io/en/contact-us. Support as a service will only be part of the contract if it is explicitly agreed upon. In principle, there is no entitlement to support services.

IV. Terms of Payment

  1. Unless another billing method has been agreed upon, usage-dependent fees shall be due and payable in arrears on the first day after the end of the billing month. The billing month is not necessarily identical to a calendar month. An invoicing month begins with the conclusion of the contract.
  2. Invoices are always sent by e-mail in the form of a PDF document.
  3. The contractually agreed fee must be paid within 14 days to the account specified by the contractor, otherwise, the organization owner will be in default of payment.
  4. Tracking3.io offers to the organization owner the possibility to pay accruing amounts conveniently by credit card automatically every month.
  5. Payments are processed in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”), subject to the Stripe Terms of Use, available at https://stripe.com/legal, to which the seller assigns its payment claim. Stripe collects the invoice amount from the specified credit card account or bank account of the Client. In the case of assignment, payment can only be made to Stripe with debt discharging effect. The credit card will be charged after invoicing at the end of the billing month.
  6. If the organization owner is in default of payment, Tracking3.io may limit or block its services after prior notice. For an unblocking, the organization owner has to pay a handling fee of 25 Euros, unless he proves that in the individual case no damage or significantly lower damage has occurred.
  7. In the event of default, we shall also be entitled to claim 9 percentage points above the respective base interest rate as default damages if the organization owner is an entrepreneur according to § 14 BGB (German Civil Code) or 5 percentage points above the base interest rate if the organization owner is a consumer. We shall be at liberty to prove that the damage caused by default is higher.
  8. The organization owner can only set off against claims of Tracking3.io with undisputed or legally binding counterclaims.
  9. As with any service provided permanently, the costs of the services provided by Tracking3.io may change due to changes in the legal and economic context (for example, due to an increase in energy and telecommunication costs). Tracking3.io, therefore, reserves the right to change the prices at the beginning of a new billing period with a change period of six weeks. The organization owner is entitled to extraordinary termination at the time the price change becomes effective if the change is more than 5%. If the organization owner does not make use of this right within four weeks after receipt of the notification, the change is considered to be approved; Tracking3.io will explicitly point this out to the organization owner.

V. Obligations of the Client

  1. The Client is obligated to provide the correct and complete data required for the execution of the contract upon conclusion of the contract and to notify Tracking3.io immediately of any changes to this data. If the Client is a consumer, he must provide his data (surname, first name, address, contact details, payment details). If the Client is an entrepreneur according to § 14 BGB (German Civil Code), the Client must provide data on the company (name, address, payment details, VAT identification number) and the data of a contact person in the company (name, first name, address, if different from the company, contact details).
  2. The Client must immediately change the access data transmitted to him and keep it secret from third parties. The Client is responsible for the consequences of any misuse of his access data by third parties if he is responsible for this or has made it possible by acting negligently.
  3. The Client is aware that Tracking3.io, in order to ensure the availability, integrity, security and resilience of the services, systems and infrastructure used (system security), logs, stores and evaluates data on their use. As a rule, this data is only aggregated across all users, so that the creation of user profiles is generally excluded. Nevertheless, in case of problems with or breaches of system security, Tracking3.io can analyze the logged data in more detail down to the client or user level. If there is a suspicion of criminally relevant behaviour by or against clients of Tracking3.io or against Tracking3.io itself, this protocol data can also be handed over to criminal investigation authorities or computer forensic experts for further analysis.
  4. The Client undertakes to comply with the relevant statutory provisions when using the services provided by Tracking3.io and to refrain from actions that could lead to a disruption of the operation of the services or the infrastructure of Tracking3.io or its vicarious agents. The following actions are prohibited in particular:
    – Depositing and/or making available data or material of a pornographic, graphic or erotic nature, unless an explicit agreement to the contrary has been made.
    – Depositing and/or making available data or material protected by copyright, which the user is not entitled to distribute.
    – Depositing and/or making available illegal or anti-constitutional data or material or material with left-wing or right-wing extremist content or of an insulting nature or material that contains calls or incitements to terrorism or acts of violence.
    The Client is aware that Tracking3.io does not carry out a preliminary check of the contents deposited by him, but that he himself is responsible for the legality of these contents.
  5. Tracking3.io is entitled to temporarily block the services made available to the Client and to delete without notice any data or material found that contradicts the above provisions, if the Client violates the aforementioned obligations of conduct or if there is a corresponding concrete suspicion. This is, in particular, the case if third parties, stating their reasons, demand that the actions that have been taken by the Client cease and desist and these reasons are not obviously incorrect, or in the case of investigations by government authorities. As far as possible, Tracking3.io will hear the Client before blocking him; if this is not possible in individual cases due to special urgency, Tracking3.io will inform the Client subsequently and allow him to comment. The blocking is to be lifted as soon as the suspicion is invalidated or Tracking3.io is entitled to terminate the contract extraordinarily due to established violations.
  6. With all due care, malfunctions within the services of Tracking3.io are nevertheless possible. If the Client detects such a malfunction, he will inform Tracking3.io immediately and with meaningful information about the malfunction. For this purpose, he can make use of the support function of our service, which is available by e-mail or via the contact form on https://www.tracking3.io/en/contact-us.

VI. Contract Duration, Termination

  1. Tracking3.io Account
    1. The contract for the use of the account is concluded for an unlimited period of time, but maybe terminated by the Client at any time without notice. The Client may give notice of termination informally in his profile settings.
    2. With the successful deletion of the account, all data of the client and the user licenses are irretrievably deleted.
    3. If a user has contributed to a project, his name will be displayed even after the deletion of the account.
    4. After the deletion of the account recovery is not possible.
  2. Subscriptions
    1. The account may be extended by paid subscriptions, in particular by further user licenses and feature licenses. Each individual subscription is concluded for a fixed term of at least one calendar day and can be terminated individually.
    2. Unless otherwise agreed, contracts shall be concluded for an indefinite period. The beginning and end of the term is the respective calendar day.
    3. The termination of the respective subscription can be made informally by the organization owner by deselecting the paid subscription in the settings. No costs are incurred for the calendar day of the cancellation of the respective subscription.
  3. Termination without notice
    The right of both parties to terminate the contractual relationship without notice for good cause remains unaffected. An important reason for termination by Tracking3.io exists in particular in the following cases:
    1. The Client is in default of payment of the agreed remuneration or a not insignificant part of the remuneration for two consecutive dates or the Client is in default of payment of the remuneration in a period that extends over more than two dates in an amount corresponding to the remuneration for two months.
    2. The Client is insolvent or a petition in bankruptcy has been filed against its assets or the petition in bankruptcy has been dismissed for lack of assets.
    3. The Client violates essential contractual obligations and does not immediately cease this violation despite a warning or notification of the blocking of the contents by Tracking3.io.
    4. Tracking3.io cannot be expected to continue the contractual relationship until the end of the contract.

VII. Confidentiality, Data Protection and Information Security

  1. The parties undertake to treat as confidential all information that comes to the knowledge of the parties in connection with the provision of the agreed service. Tracking3.io shall ensure that its employees and other vicarious agents are bound to confidentiality to the same extent. If the Client is a businessman according to § 14 BGB (German Civil Code), he also assures to oblige his employees or other vicarious agents accordingly.
  2. Both parties shall ensure that all information obtained in connection with the agreed service is protected against unauthorized access by third parties in a manner consistent with the state of the art.
  3. After the termination of the agreement, these obligations shall continue to apply. In addition, in this case, Tracking3.io assures to return to the Client all business documents provided or to carefully destroy them.
  4. The Client is advised that in the case of electronic communication via the Internet, it can never be completely excluded that unauthorized knowledge of the contents of the communication by third parties may take place.
  5. If Tracking3.io carries out a commissioned processing for the Client according to objective criteria according to Art. 28 GDPR, the agreement on commissioned processing shall apply in this respect, which in this case shall be included in the scope of these General Terms and Conditions without limitation and can be retrieved under https://www.tracking3.io/en/legal/data-processing.
  6. The parties agree that in the event of the transmission of personal data within the scope of the provision of the agreed service from one party to the other party, the transmitting party shall ensure the legality of the transmission. In the event that claims by data subjects or fines imposed by a supervisory authority arise from an unlawful transfer of personal data, the transferring party shall be fully liable, even if the data subjects assert their claims against the receiving party or the fine is directed against the receiving party. The transmitting party shall indemnify the receiving party accordingly.
  7. The provisions of paragraph (6) shall apply in particular to the transmission of personal data of the contact persons named by the Client to Tracking3.io. The Contractor shall process them in accordance with its data protection notice for the respective category of data subjects, which the Contractor has published on its website under https://www.tracking3.io/en/legal/privacy. The Client shall inform its designated contact persons for the Contractor accordingly.

VIII. Warranty and Liability

  1. Tracking3.io shall not be liable for damages, consequential damages or lost profits due to malfunctions and technical problems in systems that are beyond the control of Tracking3.io. Tracking3.io is also not liable for such damages, which are based on the violation of contractual obligations of the Client.
  2. Tracking3.io shall be liable without limitation for all damages caused by Tracking3.io and/or its employees and/or its vicarious agents and/or other auxiliary persons in case of intent or gross negligence.
  3. In the event of slight negligence, Tracking3.io shall be liable without limitation in the event of injury to life, body or health caused by it and/or its employees and/or its vicarious agents and/or other auxiliary persons.
  4. In all other respects, Tracking3.io shall be liable only to the extent that a material contractual obligation has been breached. Essential contractual obligations are abstractly such obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the compliance with which the Client may regularly rely on. In such cases, liability shall be limited to compensation for the foreseeable, typically occurring damage.
  5. In case of non-compliance with the minimum availability, Tracking3.io shall be liable, unless otherwise agreed, to a maximum of the amount of the invoice month corresponding to the service affected by the non-compliance.
  6. The Client shall be liable for all direct and indirect damages (including loss of profit) incurred by Tracking3.io as a result of a breach of the contractual obligations under No. 5 of these GTC.
  7. The Client undertakes to indemnify Tracking3.io against claims of third parties of any kind resulting from the illegality of contents which the Client has stored on the storage space provided to him. This indemnification claim also includes legal defence costs of Tracking3.io (e.g. court and lawyer costs).

IX. Final Provisions, Place of Jurisdiction, Applicable Law

  1. The contractual relations between Tracking3.io and the Client shall be governed by the laws of the Federal Republic of Germany.
  2. The place of performance and jurisdiction for all disputes arising from and in connection with these General Terms and Conditions is the registered office of the Contractor (Tracking3.io), provided that the Client (Customer) is a merchant according to § 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law. We are also entitled to take legal action at the Client’s place of business.
  3. Should any provision of these General Terms and Conditions be or become invalid or should the General Terms and Conditions be incomplete, this shall not affect the validity of the remaining provisions. In this case, the contracting parties undertake to replace the invalid provision with a valid agreement that comes as close as possible to the invalid provision in terms of interests and significance.
  4. Online Dispute Resolution according to Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
  5. Changes and additions to these General Terms and Conditions must be made in writing to be effective. This also applies to the amendment of this clause.
  6. The parties agree that only the German language version of these General Terms and Conditions is legally authoritative and legally binding. Any other language versions serve exclusively for the information of the parties.