StampLab User Agreement

Status: October 25, 2020

Please note: only the german version of this document is legally binding. This translation is only provided so that it may be easier for you to understand the content.

StampLab User Agreement

Status: 25 October 2020

Please note: only the german version of this document is legally binding. This translation is only provided so that it may be easier for you to understand the content.

General

As l3montree UG (haftungsbeschränkt) ("l3montree", "we", "us", "our(e)", "Provider"), we appreciate your interest in the StampLab software. StampLab is a software solution that is available as a subscription (user licence). It includes the StampLab application (App) and associated server services.

Please read this user agreement ("Agreement") carefully before using the StampLab application and its server services.

This contract governs the use of the StampLab application (app) and services.

The contract language is German.

The contract is concluded by selecting the checkbox "I hereby agree to the StampLab user contract (click here to read)" and confirming the "Register" button or by using the social log-in (/Single Sign On, Facebook and Google Log-In). **If you do not agree to the User Agreement, you will not be able to use the StampLab Application and Services.

We reserve the right to make changes to this agreement (only section 3.c applies to price changes). Any such change will take effect thirty (30) days after notice to you. In such notice, we will explain the change and expressly advise you that the change will take effect unless you notify us of your lack of consent. If you do not agree with a change to this contract, you can inform us of this in text form (e.g. letter, e-mail) up to the day on which the change is to take effect. In this case, the contract will not be changed. In this case, we reserve the right to terminate the contract at the end of the current subscription period (defined in clause 6) or trial period (defined in clause 4).

Contents

  1. registration/ account
  2. types of users/responsibility
  3. terms and conditions of subscription
  4. trial periods
  5. right of withdrawal
  6. cancellation
  7. payments/ subscriptions purchased via third parties
  8. rights of use and restrictions
  9. conditions of use
  10. availability
  11. processing of your data
  12. suspension and termination
  13. limitation of liability
  14. miscellaneous
  15. general final provisions
  16. contact

1. Registration/ Account

(a) Registration for the StampLab Account is only open to residents of countries where we offer the StampLab application and services. The StampLab Account is your personal user account that gives you access to StampLab services and the Application.

(b) Persons who have not reached the age of 18 may not create an Account and may not provide any personal data to l3montree.

(c ) The StampLab services and application may only be used by those who have registered for a StampLab account, provided the necessary information and agreed to the StampLab user agreement. This information includes, but is not limited to, a valid email address, a full name and, when creating a team, an authorised person who will be our primary contact for that team. In particular, a valid email address means that you can access messages sent to that email address at any time and check them regularly.

(d) It is your responsibility to ensure the confidentiality of your email address and password in connection with your use of the StampLab account. To the extent that you permit third parties to access your StampLab Account, this Agreement, including certain consents you have given, will also apply to such third parties' access, use and disclosure of information. If you become aware of any unauthorised use of your StampLab account, you will notify l3montree. If the unauthorised use was not caused by l3montree, l3montree will not be responsible for any damages resulting from the unauthorised use of your StampLab account.

(e) l3montree may provide official notices and explanations to you as follows: By email to the last email address you provided.

(f) You are required to provide accurate, current and complete information as described in Section 1.c. and to update such information as changes occur. You will not impersonate any other person or entity, misrepresent your affiliation with any such person or entity, or willfully use another person's username, password or access information. We may verify the accuracy of the information you provide if you have validly consented to such verification or if there is a sufficient basis for authorization, in each case subject to legal permissibility under applicable data protection law.

(g) When creating a team, you must provide additional information. When creating a team for a business and not as an individual, you must provide a valid value added tax (VAT) identification number (VAT ID). You agree to the electronic verification of this VAT. ID, with the relevant authorities, by us. Without a valid VAT. ID, you are not entitled to create a team on behalf of a company.

2. Types of Users/Responsibility

(a) The StampLab software is aimed primarily at groups of users (e.g. the team of a catering business). The software is structured in so-called "teams" which can include a different number of users. We distinguish between two types of users in the application:

On the one hand, you can be a "simple" user if you are merely a member of one or more teams. All guidelines regarding the StampLab user account apply to you. As a "simple" user, you are not responsible for fulfilling the payment obligations within the scope of the subscription for a team. On the other hand, you can be the so-called "owner" of one or more teams. As the owner, you are our specific contact person and the person responsible for your team. All of the following provisions relating to payment transactions are limited to your responsibility and cannot be delegated to a "simple" member of your team. You agree that you are the legally responsible person for your team if you are an "owner" of a team as described herein. If you are creating a team on behalf of a legal entity, you represent and warrant that you have the authority to represent that entity.

3. Terms of Subscription.

(a) Your subscription to the StampLab Services and the Application is subject to a fee and will result in ongoing payments. Your subscription is for a fixed term based on the subscription you choose ("Subscription Term"). Your subscription is linked to a team. It will be automatically renewed for a further Subscription Period beyond the originally agreed Subscription Period unless you cancel it beforehand as described in clause 6. Payment amounts will be processed via the means of payment specified by you. Payment will be made initially at the time of ordering and subsequently at the start of each new subscription period thereafter unless the subscription is cancelled in advance.

(b) If you are the "owner" of a team, you are responsible for paying the subscription costs. These cannot be passed on to a "simple" user. "Basic" users use the StampLab application as part of their subscription at no additional cost.

(c ) We may change our prices with effect from the start of a new subscription period. In the event of a price change, we will give you at least thirty (30) days' notice of the change. To do this, we will send you an email to the email address you have provided for your StampLab Account. If you do not agree to the price change, you can reject it in text form (e.g. letter, e-mail). In the e-mail, we will again inform you of your right to reject the price change and of the legal consequences described below. If you reject the price change, your subscription will continue at the original price for the duration of the subscription period. If you do not reject the price change, your subscription will continue at the new price notified in our email. This new price will apply from the start of the new subscription period and you will entitle us to collect the relevant amounts through your payment method.

(d) You are responsible for all Internet access fees payable to third parties in connection with your use of the StampLab Application and Services. Please check with your internet provider for possible internet data usage fees.

(e) Depending on the subscription you have chosen, your creation/use of a team for your team includes a different number of possible "simple" members. This means that you as the "owner" of the team are entitled to use the StampLab services with the specified number of other ("simple") users. Each user must create his or her own account in accordance with the above conditions. The simple users of your team do not have to pay any costs. These will only be charged to the owner of the team.

When you reach the number of users specified in your subscription, your team will be deactivated, but the subscription will not be cancelled. You can then upgrade your current subscription to one with a higher allowed number of users. This option is also available in case of a downgrade.

4. Trial periods

Your use of the StampLab application and services may begin with a non-pay trial subscription ("Trial Period") as part of the creation and use of a Team. There is no entitlement to agree a Trial Period. Insofar as a trial period is offered, the offer only applies to persons or companies who have not previously used a trial period for the StampLab application and services. The contract is also concluded in this case by selecting the checkbox "I hereby agree to the StampLab usage contract (click here to read)" and confirming the "Register" button. The trial period begins when you complete the creation of a team. As the creator of the team, you become the owner of the team and therefore our contact person. After the end of the test period, you must take out a paid subscription in order to continue using your team in StampLab. If you do not take out a paid subscription after the end of the trial period, your right to continue using the StampLab services in connection with the team you have created will expire. This means that your team will be inactive until you take out a paid subscription. You may also regain this right of use at a later date, subject to the terms of this User Agreement, by taking out a paid subscription. You can delete your StampLab account or retrieve your stored data at any time - even without a paid subscription. We will inform you about the duration of the trial period when you complete your registration. You will not receive any separate notification about the expiry of the trial period or about the start of your paid subscription.

5. Right of withdrawal

(a) You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

(b) In order to exercise your right of withdrawal, you must inform us (l3montree UG (haftungsbeschränkt), In der Gracht 27, 53127 Bonn, Germany, e-mail: support@l3montree.com by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the following model withdrawal form for this purpose, which is, however, not mandatory:

To: l3montree UG (haftungsbeschränkt), In der Grächt 27, 53127 Bonn, Germany.

*I hereby cancel the contract I have concluded for the provision of the following service: StampLab subscription.

Ordered on:

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only in the case of paper communication)

(c ) If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract. In any case, an agreed trial period remains free of charge.

6. Termination

(a) You may terminate your subscription to the StampLab Application and Services at any time before the end of the current subscription period or the trial period. You may give us notice of cancellation in any way you choose in text form (e.g. letter, email). If you have taken out your subscription via a third party (e.g. an app store such as Apple App Store, Google Play), please contact the relevant third party for information on the ways to cancel.

(b) Ordinary termination takes effect at the end of your current subscription period (or your current trial period). You may continue to use the StampLab application and services until that time. Your right to extraordinary termination remains unaffected.

(c ) We will store your individual payment details to the extent legally necessary and permissible.

7. Payments/ Subscriptions purchased via third parties.

(a) If you purchase a subscription to the StampLab Application and Services through a third party (e.g. an App Store), your payment relationship will be directly with that third party. The payment amounts due for your subscription to the StampLab application and services are calculated by the relevant third party using the payment information you have provided to that third party. To cancel a subscription to the StampLab application and services purchased through a third party, please follow the cancellation instructions of the relevant third party or, depending on the payment service provider, you may be able to cancel your subscription in the StampLab app. .

(b) PayPal.

During the ordering process you may be redirected to the online provider PayPal. In order to be able to pay for your subscription via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After you have placed your order, we will ask PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

(c) PayPal Plus (direct debit/credit card)

As part of the PayPal Plus payment service, we may offer you various payment methods as PayPal services. You will be redirected to the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.

*Credit card

If you have chosen the credit card payment method, you do not have to be registered with PayPal to pay. The payment transaction will be carried out by your credit card company at PayPal's request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder, and your card will be charged. You will receive further instructions during the ordering process.

*Direct debit

If you have chosen the direct debit payment method, you do not have to be registered with PayPal in order to pay. By confirming the payment instruction you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

For payment processing via PayPal, the General Terms and Conditions and the Privacy Policy of PayPal apply - in addition to this contract.

(d) Stripe (direct debit/credit card)

Within the framework of the payment service of the service provider Stripe, we may offer you various payment methods. You will be redirected to the online provider Stripe. There you can enter your payment details, confirm the use of your data by Stripe and the payment instruction to Stripe.

*Credit card

If you have chosen the credit card payment method, you do not need to be registered with Stripe in order to pay. The payment transaction will be carried out and your card charged by your credit card company at Stripe's request immediately after you have confirmed the payment instruction and verified that you are a legitimate cardholder. You will receive further instructions during the ordering process.

*Direct debit

If you have chosen the direct debit payment method, you do not need to be registered with Stripe in order to pay. By confirming the payment instruction, you give Stripe a direct debit mandate. You will be informed by Stripe about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, Stripe requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

For payment processing via Stripe, the T&Cs and privacy policy of Stripe apply - in addition to this contract.

8. Rights of use and restrictions

(a) l3montree hereby grants to you, for the Contract Territory and subject to the terms of this StampLab User Agreement, for the term of this StampLab User Agreement (or for a period thereafter if governed by this Section 8), a non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:

  • Install and use the StampLab Application and Services.

This Agreement governs only the grant of a right to use and is not a contract for the sale or transfer of any rights in the Content of the StampLab Application, the Application itself or the StampLab Services. l3montree expressly retains all rights and ownership in the Content of the StampLab Application. The content of the StampLab Application, including copyrights, ancillary copyrights, trademarks, trade names and other intellectual property rights in the StampLab Content are owned by l3montree or other licensors and are protected by copyright laws of the Federal Republic of Germany and other intellectual property laws and treaties.

(b) Your contractual right to use does not entitle you to do any of the following:

  • Produce derivative works from the contents of the StampLab application.
  • Allow third parties to violate the terms and conditions of the StampLab usage agreement.
  • Move, decompile, reverse engineer, disassemble or otherwise convert the StampLab application or services into human readable form.
  • Modify the StampLab application or services, including by removing marks, copyright notices or other indications of ownership.
  • Make edits from updates or from components of the StampLab application or services that are owned by l3montree, or any part thereof
  • Override, modify, defeat, interfere with or circumvent any protections for the StampLab Application and Services, including the underlying software.
  • Access elements of the StampLab application and services using so-called robots, spiders, scrapers or other automatic devices, or monitor or copy elements of the StampLab application and services, or allow these actions by another person, without our express written permission.
  • Intentionally damage, disable, overburden or impair the StampLab application and services.
  • Use the StampLab application and services in an unlawful manner or for an unlawful purpose, or in a manner that is not in accordance with the StampLab User Agreement.
  • disclose your access data to third parties
  • Allow any third party to violate the terms of the StampLab User Agreement.

9. Conditions of use

(a) The use of the StampLab application and services requires a suitable terminal device. Regular updates may be required for the required software. Your use of the StampLab application and services may be affected by the performance of these hardware and software elements. You can access the services and features of the StampLab application using most mobile devices (smartphones (internet connection required)) (any such device is a "Compatible Device"). You can use the StampLab application and services by downloading the StampLab App to the Compatible Device and then logging into your StampLab account with this Compatible Device via the StampLab App.

(b) In order to fully use the StampLab application and services, you will need suitable internet access.

10. Availability

(a) The StampLab services may be temporarily unavailable, namely

  • during normal maintenance or update periods
  • in the event of a power supply or server failure beyond our control
  • in cases of force majeure; or
  • due to other circumstances beyond our control. l3montree will take reasonable steps to notify you as soon as possible.

(b) As part of our ongoing development of the StampLab Application and Services, we may from time to time offer certain features or other elements of the StampLab Application and Services, including promotional elements, experimental and beta features, user interfaces, durations and pricing, to some or all users as required by law. Your use of any updates, modifications or replacement versions of the StampLab Application and Services is governed by this StampLab User Agreement and any additional terms to which you agree when you install such update, modification or replacement version.

(c ) l3montree will perform necessary maintenance on the StampLab Services between the hours of 06:00 and 12:00, Central European Time, on Mondays ("Maintenance Windows"). During these maintenance windows, the platform may be completely or temporarily unavailable on the Internet for some services. In the event of security-related updates or emergency maintenance work, the services may of course also be unavailable outside the usual maintenance window. l3montree informs you about scheduled maintenance via the status page status.stamplab.de.

(d) l3montree provides the StampLab services with an annual average availability of 96% on the Internet. The times of the maintenance windows are not included in the calculation of availability.

(e) l3montree may also restrict access to the StampLab services outside of the maintenance windows if the security of operations, the maintenance of network integrity, in particular the prevention of serious disruptions to the network, the software or stored data so require. l3montree informs you about scheduled maintenance via the status page status.stamplab.de.

11. Processing of your data

(a) For information about how we collect, process and share your personal data and your rights, please see l3montree's Privacy Policy for StampLab.

(b) We will only use your data as stated in our Privacy Policy. You consent to the processing practices set out there. You also agree that we may share data about you relevant to payment transactions with the payment service providers specified in section 7.

(c ) l3montree is committed to using your data responsibly and protecting your privacy at all times. If we share data with third parties, it is only to provide you with benefits and facilitations (e.g. social log-in) or to ensure smooth and secure operations.

12. Suspension and Termination

(a) l3montree may terminate your subscription prior to the end of the current subscription period or trial period without notice. Notice of termination may be given by email. Such ordinary termination will terminate the subscription at the end of the current subscription period or trial period.

(b) l3montree may limit, suspend or terminate your access to your StampLab Account for cause and upon reasonable notice to you, which notice may be given by email. In the event of suspension of access to your StampLab Account, you will have the right to terminate your subscription for cause.

(c ) In the event of termination of your StampLab Account for cause by you or by us, your right to access the StampLab Application and Services will terminate immediately (this does not apply in the case of ordinary cancellation or termination of your subscription, where your subscription will continue until the end of the subscription period or trial period).

13. Limitation of liability

(a) The warranty by l3montree does not extend to such damage and / or malfunction caused by the Customer's culpable breach of any provision of this Agreement. The Customer shall, upon request, assist the Provider to the best of its ability in identifying and remedying any defects.

(b) If a defect occurs in the remunerated services provided by the Provider which are within its sphere of influence, the Provider shall remedy this within a reasonable period of time.

(c ) Claims of the customer for damages or reimbursement of futile expenses are excluded. This above exclusion of liability does not apply to claims by the customer for damages or reimbursement of futile expenses in the following cases

  • in the case of damage caused intentionally or by gross negligence,

  • in the event of injury to life, limb or health, and

  • in the event of fraudulent intent on the part of the supplier

The same applies in the event of a debtor's default by the supplier as well as to compensation for the damage caused by the default, which is justified in the legal costs.

(d ) In the event of a slightly negligent breach of a pflicht that is essential for achieving the purpose of the contract (cardinal pflicht), the liability of the provider shall be limited to the amount of the damage that is foreseeable and typical according to the nature of the transaction in question. The same applies in the event of the supplier's default or the impossibility of performance for which the supplier is responsible.

(e) Liability for loss of data shall be limited to the typical recovery costs that would have been incurred if back-up copies had been made regularly and in accordance with the risk, unless one of the conditions set out in Clauses 13 (c) and 13 (d) applies.

(f) The provider shall not be liable for the operability of telecommunication connections (telephone / ISDN / DSL lines etc.) to its own server in the event of power failures or failures of servers that are not within the provider's sphere of influence. Furthermore, the provider shall not be liable for damage caused by force majeure or comparable events. Comparable events include, in particular, strikes, pandemics, official orders, the failure of telecommunications networks or gateways of other operators as well as disruptions in the area of other telecommunications or service providers. The Provider shall not be liable to the Customer for any loss of profit, loss of business, business interruption or loss of business opportunity resulting from the Customer's use or reliance on the Software.

(g) The application of § 536 a para. 2 BGB (Tenant's right of self-remedy) is excluded. The application of Section 536 a (1) BGB (Landlord's right to claim damages) is also excluded insofar as the standard provides for strict liability. Clauses 13 (c) and 13 (d) of this contract remain unaffected.

(h) There shall be no further liability on the part of the Provider.

(i) The above limitation of liability shall also apply to the personal liability of the Provider's employees, representatives and bodies.

(j) The Client and the Provider shall use their best endeavours to settle any dispute, claim, question or difference of opinion directly through out-of-court negotiations; this is a prerequisite for a party to be able to bring an action or file another form of complaint.

Translated with www.DeepL.com/Translator (free version)

14. Other

(a) l3montree is entitled to commission third party service providers and vicarious agents with the provision of parts or the entire range of services. l3montree is entitled to change the Internet infrastructure used and the service providers and vicarious agents commissioned with the implementation at any time without separate notification, insofar as this does not result in any disadvantages for the Customer or this change is technically necessary for the provision of the service.

**(b) The notices from l3montree to the User mentioned in this Agreement as well as notices which become necessary in the course of other business shall be delivered by l3montree to the e-mail address of the User. Notices shall be deemed delivered upon receipt regardless of the date on which the User actually retrieves such messages.

(c ) Amendments to the contract, supplements and ancillary agreements must be in writing.

(d) l3montree shall be free to use newer or different technologies, systems, procedures or standards for the provision of the services in the course of technical progress than initially offered, provided that this does not result in any disadvantages for the User.

15. General Final Provisions

(a) To the extent legally permissible, the place of jurisdiction is Bonn. The applicable law of the Federal Republic of Germany shall apply.

(b) Severability clause

Should any provision of the contract be or become invalid or should the contract be incomplete, the legal validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes in the contract.

16. Contact

l3montree UG (limited liability) Managing directors: Tim Bastin & Sebastian Kawelke In der Grächt 27, 53127 Bonn, Germany