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: October 25, 2020

General

As l3montree UG (haftungsbeschränkt) ("l3montree", "we", "us", "our(e)"), we appreciate your interest in the StampLab software. StampLab is a software solution that is available as a subscription (usage license). 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 Agreement governs your use of the StampLab application (App) and services.

The contract language is German.

The contract is concluded by selecting the checkbox "Hiermit stimme ich dem StampLab Nutzunsgvertrag zu (zum lesen hier klicken)" 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 be effective thirty (30) days after notice to you. In such notice, we will explain the change and expressly advise you that the change will be effective 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).

Table of 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 through third parties
  8. rights of use and restrictions
  9. prerequisites 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 allows you to access StampLab services and the Application.

(b) Individuals who have not attained the age of 18 may not create an Account and may not provide personal information 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 workspace, an authorized person who will be our primary contact for that workspace. 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 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 unauthorized use of your StampLab Account, you will notify l3montree of this. If the unauthorized use was not caused by l3montree, l3montree will not be responsible for any damages resulting from the unauthorized 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 the information described in Section 1.c. accurately, currently and completely, and to update it 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 workstation, you must provide additional information. When creating a Workplace for a business and not as an individual, you must provide a valid Value Added Tax Identification Number (VAT ID). You agree to the electronic verification of this USt. ID, with the relevant authorities, by us. Without a valid VAT. ID, you are not authorized to create a workstation in the name of a company.

2. Types of users/responsibility.

(a) The StampLab software is primarily intended for groups of users (e.g. the team of a catering business). The software is structured in so-called "workstations" 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 only a simple member of one or more workstations. All guidelines regarding the StampLab user account apply to you. As a "simple" user, you are not responsible for fulfilling payment obligations under the subscription for a workstation. On the other hand, you can be a so-called "owner" of one or more workstations. As the owner, you are our specific contact person and the person responsible for your workstation. All the regulations stated below with regard to payment transactions are limited to a responsibility on your part and cannot be given to a "simple" member of your workplace. You agree that you are the legally responsible person for your Workplace if you are an "owner" of a Workplace as described herein. If you are creating a workstation on behalf of a legal entity, you represent that you are authorized to represent that entity.

3. Subscription Terms.

(a) Your subscription to StampLab's 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 workstation. 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. The payment amounts will be processed via the means of payment specified by you. Payment will be made initially at the time of order and subsequently at the start of each new additional Subscription Period unless the Subscription has been previously terminated.

(b) If you are the "owner" of a workstation, 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 effective at the beginning 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 so, we will send you an email to the email address you have provided for your StampLab Account. If you do not agree with the price change, you may reject it in text form (e.g., letter, email). In the email, 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 be effective from the beginning of the new subscription period and you will authorize us to collect the applicable 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 choose, your creation/use of a workstation for your team includes a different number of possible "basic" members. This means that you, as the "owner" of the workstation, are entitled to use StampLab services with the specified number of other ("simple") users. Each user has to create his own account according to the above mentioned rules. The simple users of your workstation do not have to pay any costs. They will be charged exclusively to the owner of the workstation.

When you reach the number of users specified in your subscription, you can upgrade your current subscription to one with a higher permitted number of users. This option is also available in case of 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 Workstation. There is no entitlement to the agreement of a Test Period. Insofar as a Test Period is offered, the offer shall only apply to persons or companies who have not previously used a Test Period for the StampLab Application and Services. In this case, the contract is also concluded 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 workstation. As the creator of the workstation, you become the owner of the workstation and therefore our contact person. After the trial period has expired, in order to continue using your workstation in StampLab, you must take out a paid subscription. If you do not take out a paid subscription after the end of the trial period, your further right to use the StampLab services in connection with your created workstation will expire. That is, your workstation will be inactive until you take out a paid subscription. You may regain this right of use at a later date, subject to the terms of this User Agreement, by purchasing 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 separate notification of the expiration of the trial period or the start of your paid subscription.

5. Right of Withdrawal.

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

(b) 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, which is not mandatory:

To: l3montree UG (limited liability), In der Grächt 27, 53127 Bonn, Germany

I hereby revoke the contract I have entered into for the provision of the following service: StampLab subscription.

Ordered on:

Name of the consumer(s):

Address of consumer(s):

Signature of consumer(s) (only for paper communication)

(c ) If you have requested that the services begin during the withdrawal period, you shall 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 with respect to this contract compared to the total scope of the services provided for in the contract. In this context, an agreed trial period shall remain free of charge in any case.

6. Termination

(a) You may properly terminate your subscription to the StampLab Application and Services at any time prior to the end of the current Subscription Period or Trial Period. You may notify us of your cancellation in text form (e.g., letter, email) by any means. If you have taken out your subscription through a third party (e.g. an app store such as Apple App Store, Google Play), please check with the respective third party for the ways to cancel.

(b) A regular cancellation is effective 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 terminate for cause remains unaffected.

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

7. Payments/ Subscriptions purchased through 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 is directly with that third party. The payment amounts due for your subscription to the StampLab Application and Services will be calculated by the applicable 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 provided by the applicable third party or, depending on the payment processor, you may be able to cancel your subscription in the StampLab App. .

(b) PayPal.

In the order process, you may be redirected to the online provider PayPal. In order to pay the subscription via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting your order, we will request PayPal to initiate the payment transaction. The payment transaction is 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 payment service PayPal Plus, 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 need to be registered with PayPal in order to pay. The payment transaction will be carried out immediately after confirmation of the payment instruction and after your legitimation as a legal cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the order process.

Direct debit

If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to pay. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of 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 order process.

For the payment processing via PayPal apply - in addition to this contract - the terms and conditions and privacy policy of PayPal.

(d) Stripe (direct debit/credit card).

As part 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 data, 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, in order to pay you do not need to be registered with Stripe. The payment transaction will be processed and your card charged by your credit card company at Stripe's request immediately after confirming the payment instruction and after you have been legitimized as a legitimate cardholder. You will receive further instructions during the order 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 confirming the payment instruction, Stripe requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further instructions during the order process.

For payment processing via Stripe, the T&Cs and Privacy Policy of Stripe apply - in addition to this Agreement.

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 StampLab Application Content, 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 works derived 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 any markings, 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 any underlying software
  • Access any elements of the StampLab Application and Services using so-called robots, spiders, scrapers or other automated devices, or monitor or copy any elements of the StampLab Application and Services, or allow any other person to do so, 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 inconsistent with the StampLab User Agreement
  • Communicate your access data to third parties
  • Allow third parties to violate the terms of the StampLab User Agreement

9. Prerequisites for use.

(a) Use of the StampLab Application and Services requires a suitable terminal device. Periodic 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 using that Compatible Device via the StampLab App.

(b) In order to fully use the StampLab Application and Services, you must have 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 or server outage 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 in each case.

(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 update, modification or superseding version 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 superseding version.

(c ) l3montree will perform necessary maintenance on the StampLab Services between the hours of 06:00 a.m. and 12:00 p.m., Central European Time, on Mondays("Maintenance Windows"). During these Maintenance Windows, the Platform may be completely or temporarily unavailable on the Internet with respect to some services. In case of security-related updates or emergency maintenance, the Services may of course also be unavailable outside the usual Maintenance Window.

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

(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.

11. Processing of Your Data.

(a) For information about the collection, processing and disclosure of 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 agree to the processing practices stated there. You also agree that we may share data from you that is relevant to payment transactions with the payment service providers indicated in section 7.

(c ) l3montree is committed to always handling your data responsibly and protecting your privacy. 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 properly terminate your subscription prior to the end of the current subscription period or trial period. Such 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 with notice to you upon reasonable notice, which notice may be given by email. In the event of a 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 declared 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) l3montree shall not be liable for slightly negligent breaches of duty, unless damages resulting from injury to life, body or health or guarantees are affected or claims under statutory provisions for damages are affected. Furthermore, liability for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely, shall remain unaffected. The same shall apply to breaches of duty by l3montree's legal representatives or vicarious agents.

(b) l3montree does not declare that the StampLab application and services meet all your expectations.

(c) l3montree will take steps to safeguard your data, but l3montree will not be liable for any loss of data. In particular, with regard to the use of the functions for recording working hours, the owner of a workstation is responsible for compliance with retention periods and other legal deadlines. In the StamLab application, the user can export important data (such as working hours). The user is responsible for backing up this data himself.

(d) The user is responsible for all content produced or published by him, via his access ID or by third parties via his accounts.

(e) l3montree is not liable for the correct functionality of infrastructures or transmission paths of the internet, which are not in the area of responsibility of l3montree or our vicarious agents.

14. Miscellaneous

(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 its 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 becoming necessary in the other course of 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 collateral agreements must be made in writing.

(d) l3montree shall be free to use newer or different technologies, systems, procedures or standards than initially offered for the provision of the Services in the course of technical progress, 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 shall be Bonn. The applicable law of the Federal Republic of Germany shall apply.

(b) Severability Clause.

If any provision of the contract is or becomes invalid or the contract is 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 Director: Tim Bastin & Sebastian Kawelke In der Grächt 27, 53127 Bonn, Germany