Terms of Service
§1 General Remarks
(1) These terms and conditions of usage regulate the conditions under which the BF IT-Service UG (haftungsbeschränkt) (herein referred to as “the company”) provides use of the Quabel web service (hereafter referred to as “Quabel”) to any person (herein referred to as „the customer“ or „the user“).
(2) Any alternative terms and conditions of business of the user shall not apply unless these have been expressly approved by the company.
(3) Before completion of the registration, the user has the opportunity to read the conditions of these general terms and conditions of business, to print them and/or to save them.
§2 Services of the company
(1) The company provides Quabel, a service to write, manage and share text.
(2) Quabel is a web service made accessible through the internet. The access to the internet is not a service offered within the Quabel service by the company.
(3) The company reserves the right to expand or improve services at any time. The user understands that he shall not claim more functionality/services than described in §2.1. Users under a free plan shall not claim any funcionality.
(4) Quabel does not claim any intellectual property rights. All intellectual property rights stays with the user.
§3 Conclusion of contract and free account
(1) The user agrees to the Terms of Service after the successful completion of registration. The use of the service is free of charge.
(2) The user can use Quabel for free. However, the user has the choise to buy a plan to enjoy more document space and/or additional features. These plans have a certain validity period and are called „plan“ in the following. There is no need to enter the user's payment data if using the free version, as the user will not be charged. If the user enters the user's payment data and buys a plan, the company will charge the user with the subscription cost for the service.
(3) If not stated otherwise the contract runs for an indefinite period. Quabel is entitled to collect fees on a regular basis.
§4 Right of cancellation for consumers
(1) Cancellation Policy:
If the user is a consumer under the law (§ 13 German Civil Code) the user may cancel the contractual declaration within two weeks before the end of the user's subscription, without specifying reasons for doing so, in textual form (e.g. by letter, fax, e-mail) or via the webpage. The period begins on receipt of this instruction in textual form, although not before the signing of the contract and not before the fulfillment of our information obligations in accordance with § 312c clause 2 of the German civil code in conjunction with § 1 clauses 1, 2 and 4 of the German civil code Info. The cancellation is to be addressed to the company via E-mail: firstname.lastname@example.org
Consequences of Cancellation
In the event of an effective cancellation, the services received by both sides are to be returned and any benefit drawn (e.g. interest) is to be released. This might result in an obligation to pay the charges that have accumulated until the effective cancellation. Obligations for the refunding of payments must be fulfilled within 30 days. The period begins on dispatch of the cancellation declaration for you, and on receipt of the same for us.
(1) Your right to cancel shall expire prematurely if the contract is fulfilled completely by both parties due to your express consent before you exercised your right of cancellation.
(2) The user understands that the right of cancellation pursuant § 312b of the German civil code does not apply to accounts used on a commercial basis.
§5 Obligations of users
(1) The user is obliged to provide information in the context of creating or changing an account. All provided information needs to be truthful and complete.
(2) The user is obliged to comply with all applicable laws and legislation of the Federal Republic of Germany.
(3) In particular, the user shall not:
- publish, use or link to unlawful, defamatory, clearly pornographic or other objectionable content
- publish a collection of links
- use technical tools or methods, that can affect or impart the operation of the Quabel service (software, scripts, bots, etc.)
(4) The company is entitled to immediately delete content by the user that is unlawful, abusive or in any way harmful to Quabel or Quabel's reputation. Whether content is allowable or not is decided by Quabel on a case-by-case basis. Quabel is not responsible for any damaged caused because of the deletion of documents.
(5) The user is obliged to protect all access data against the disclosure to third parties.
§6 Rights of use
(1) The company gives users a simple (not sub- and not transferable) right for the use of the Quabel service and software during the term of the contract under the following conditions.
(2) Quabel is a web service (software as a service). A release of the software to the user does not take place.
(3) In case of new versions, updates, upgrades or other changes of the Quabel service the foregoing rights shall apply to these changes.
§7 Payment / Billing
(1) All fees are due at the beginning of the booked package period. If the user does not pay within the first 4 weeks of usage of the services agreed on, Quable is entitled to cancel the contract. Claims of Quabel resulting from the current use of Quabel by the user shall remain unaffected. The payment can be made by various means offered on the webpage.
(2) If applicable, the user has to ensure that the bank or credit card account from which the amount is debited has the required coverage. The user can be charged with the additional costs if a payment fails due to circumstances the user is responsible for.
(3) Users can be provided with monthly invoices in PDF format on request.
§8 Availability of service
The user understands that the company does not warrant the uninterrupted availability of the Quabel service. The company is not legally liable if Quabel is not available or any damage arises from unavailibility of the service.
§9 Limitation of liability
(1) Liability under product liability law remains unaffected.
(2) Otherwise, the company shall be liable only where the company is in breach of an essential contractual obligation. Here, the notion of an essential contractual obligation refers to such obligations of which the fulfillment enables the proper execution of the contract at all and where the customer may ordinarily depend on said fulfillment. In these cases, liability is limited to compensation for predictable, typically occurring damage.
(3) If the liability of the company is precluded or limited by the aforementioned regulations, this also applies for the vicarious agents of the company.
§10 Privacy / Data protection
(1) The personal data of the user that are required for the execution and processing of the services and offers from Quabel are collected, stored and processed in accordance with the applicable laws and legislations of the Federal Republic of Germany.
(2) Personal data of user will principally not be disclosed to third parties. For the processing of payments it is necessary to disclose user data to third parties (Payment Providers, Banks, Credit Card Processors etc.). Disclosure of personal data to third parties is limited to the necessary extent and legal obligations. Documents stored by the user will only be disclosed in case of legal obligation.
(3) A reasonable time after the termination of the service all personal identifiable data will be deleted. Preservation periods laid down in law shall remain unaffected. All personal data can be deleted on request.
(4) The company is not legally liable for any loss of data stored on Quabel systems (e.g. due to security issues) if not caused by negligent behavior.
§11 Termination / Cancellation
(1) The user may terminate the contract for the use of Quabel anytime to the end of the current package period. The user may deliver notice of termination via writing to the company or by e-mail to the company. Cancelation via the webservice is also possible. Once the subscription ends, the user can continue to use the free version of Quabel.
(2) The user may download copies of all data in different file formats from the user's Quabel account. The user will ensure that the user downloads copies of all data belonging to the user before the end of the contract.
(3) The company may terminate the contractual agreement with the user for any or no cause, which shall be effective after three months to the end of a billing month. The company can instantly cancel accounts in case of violation of these terms of service or any other behavior harmful to Quabel or the company. Abuse use includes - but is not limited to – sharing or linking to copyright infringing content via the sharing feature. Quabel will decide about the abusiveness of content on a case-by-case basis.
(4) If the user is in arrears with the amount of payment for more than 4 weeks, The company may terminate the contract agreement to the end of the current billing month. Claims of Quabel resulting from the current use of Quabel by the user shall remain unaffected.
(5) In case of improper use (cf. section 5, paragraph 3) of the web service Quabel, which leads to significant degradation of services to third parties, The company may terminate the contract agreement with immediate effect.
(6) The users right of extraordinary termination shall remain unaffected.
During the term of the contract, the user receives technical advice and information about support services and the scope of the claimed performance and any other information regarding Quabel service via e-mail. The user may unsubscribe from the newsletter at any time by changing the settings in his profile or sending an e-mail to Quabel.
(1) The company reserves the right to modify these terms and conditions of usage. This can especially take place in cases of necessary adjustments to legal regulations and/or introduction/implementation of new services.
(2) While in beta phase Quabel is entitled to modify its terms of service without any advance notice to the user.
(3) Should a user object to the modification of the terms and conditions of usage, the company is entitled to terminate and end the owner-user relationship at the time of the planned commencement of the modifications.
§14 Final provisions
(1) The law of the Federal Republic of Germany applies and the validity of the UN SISG is excluded.
(2) Place of jurisdiction shall be, as far as permitted by law, the residence of the company.
(3) Should terms or conditions of these general terms and conditions of business be or become invalid, this shall not affect the validity of the remaining terms and conditions.
Status: November 30th, 2012