(1) The following General Terms and Conditions (GTC) are an integral part of the Subscriber Agreement with Weymeirsch und Langer GbR (from here on "we", "us"). The subscriber contract as well as its execution shall be based exclusively on these terms and conditions. These shall therefore also apply to all future business relations, even if they are not expressly agreed again. We shall only accept counter-confirmations by the parties placing the order with reference to their terms and conditions to the extent that they do not contradict our terms and conditions.
(2) Deviations from these terms and conditions and from declarations on our part leading to the conclusion of a contract shall only be effective if we confirm them in writing.
(3) We shall be entitled to subsequently adjust and amend the General Terms and Conditions in relation to existing business relationships insofar as changes in legislation or case law require it or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment to the General Terms and Conditions shall become effective if the users do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly inform the users of the effect of their silence as acceptance of the amendment to the contract and give them the opportunity to make an express declaration during the period. If the users object within the time limit, both we and the users may terminate the contractual relationship extraordinarily.
§2 Offers, conclusion of contract, term, prices, terms of payment, default
(1) Unless otherwise agreed in writing, our offers are subject to change and non-binding.
(2) The contract is concluded in three steps. First, the users enter their contact and payment data in the contact form. By clicking on the "Send" button, registration is requested. Subsequently, the respective users receive an e-mail confirming the registration. This e-mail constitutes a confirmation of registration on our part. With the confirmation of the registration, the users bindingly declare their contractual offer. The confirmation of receipt does not constitute a binding acceptance of the registration. We are entitled to bindingly accept the contractual offer contained in the order within two working days after receipt of the registration by e-mail. Upon acceptance, a contract is concluded between us and the user.
(3) With the set-up of the corresponding Fediverse server, the users shall be given the opportunity to use the service free of charge for 14 working days, provided that we have not received a termination in written or electronic form before the expiry of the 14 working days. If no notice of termination is received in due time, the contract shall commence with the conclusion of the contract and the application of the following provisions.
(4) Payment may take place via an external payment service provider, if applicable. In this case, payment data may be shared with the respective service provider for the purpose of payment processing. This data is then also subject to the terms and conditions of the service provider. In the case of direct bank transfer, no payment data beyond the usual bank transfer will be given to third parties.
(5) All prices include all taxes and fees. The usage fee to be paid for the services offered by us results from the subscription contract and depends on the selected account type and the required server performance.
(6) The contract term is one month, whereby the billing unit is also one month. Insofar as the contract has not been terminated before the expiry of the contract term, it shall be extended by the respective agreed previous term. The right to terminate for good cause remains unaffected.
(7) Users shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of default in payment, interest may be charged at a rate of 9 percentage points above the base rate of the European Central Bank. Should the users be in arrears with their payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. The users have the option of proving that we have incurred no or less damage.
(8) In the event of late payment, the accounts of the users may be blocked immediately. The accesses will be made available again after receipt of the outstanding payment(s).
(9) The beneficiaries shall only be entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as the obligation of the beneficiaries.
(10) Unless otherwise agreed, our invoices are payable 14 days after the invoice date without deduction. Complaints about the invoice must be made in writing within 7 days of receipt. Payments shall be made in the currency in which the invoice amount is shown. We are entitled to offset payments against older debts of the ordering party first, despite any provisions of the ordering party to the contrary. If costs and interest have already been incurred, we shall be entitled to offset the payment first against the costs, then against the interest and finally against the main performance.
(11) A payment shall only be deemed to have been made when we can dispose of the amount.
§3 Data security and confidentiality
(1) The users shall indemnify us against all claims of third parties with regard to the data provided. Insofar as data are transmitted to us or to our services in whatever form, the users are obliged to make backup copies.
(2) The users shall exercise due diligence to ensure that all persons entrusted by them with the processing or performance of this contract observe the statutory provisions on data protection and do not pass on to third parties or otherwise exploit the information obtained from the area of the commissioning party.
(3) We are obliged to treat confidentially all knowledge of business secrets of the users obtained in the course of the performance of the contract.
§4 Provision of services, commencement of services, delays in services, data protection
(1) With the acceptance of the order, a contract for the use of our service is concluded. This shall be invoiced in accordance with our applicable price list.
(2) ViOffice Fediverse Hosting is a web hosting for Fediverse services, in particular Mastodon.
(3) The booked services will be made available to the users as quickly as possible and within 3 working days after the payment information and account information have been entered and the payment has been sent.
(4) We shall not be responsible for delays in performance due to force majeure and due to extraordinary and unforeseeable events which we cannot prevent even by exercising the utmost care. They entitle us to postpone the performance of the service for the duration of the impeding event. In the event of unavailability due to the aforementioned reasons, we may withdraw from the contract. In this case, we undertake to inform the user immediately of the non-availability and to reimburse any consideration already paid without delay.
(5) The use of the services offered by us requires corresponding compatible devices and software as well as sufficient internet access.
(6) The data protection agreement applies. We collect, store and process data to the extent necessary for the agreed provision of services. Data storage on our part takes place exclusively in Germany.
(7) We undertake to provide the agreed service free of defects, but not the success that the users expect from the service. No guarantee can be assumed for any errors in the software that go beyond the implementation of the third-party services in our overall offer. The same applies to the freedom from errors of the mobile and desktop apps as third-party software offers.
(8) We strive to keep the data of our users as secure as possible and follow industry best practices to protect our servers and services against external attacks. Our systems are subject to constant internal security checks and further development of protective measures. Nevertheless, we cannot guarantee complete security against attacks and possible theft of data, especially since this also depends to a large extent on the security measures taken by the users themselves (e.g. with regard to the choice of password and the sharing of data).
(9) After acceptance of the service provided, the user shall be responsible for providing evidence of defective performance.
§5 Availability, data backup obligation
(1) We do not guarantee that the services offered will be available at all times. Furthermore, we do not guarantee that the services offered or parts thereof will be made available and can be used from any location.
(2) The following system requirements are necessary for users:
Operating Systems: Fediverse Services hosted by ViOffice are generally cross-platform usable as long as a supported web browser or "Fediverse App" is used. We cannot guarantee compatibility with software run by end users with our services.
(3) We carry out effective data backups as part of the service provision, but do not assume any general data backup guarantee for the data fed into the system by users. Users themselves are responsible for creating appropriate backups of their data at regular intervals to prevent data loss. We will take reasonable care in providing the agreed service and will back up the data with the necessary expertise. However, we do not warrant that the stored content or data accessed by Users will not be inadvertently damaged, corrupted, lost or partially removed.
§6 Responsibility of the users
(1) The users themselves are solely responsible for the content and accuracy of the data transmitted to us.
(2) The users undertake not to store, release or otherwise make available to other users or third parties any data on our platform whose content infringes the rights of third parties or violates existing laws and morals.
(3) Users are solely responsible for managing their log-in passwords. They shall take appropriate measures to prevent third parties from gaining knowledge of them and from losing them. Users are explicitly advised to use one of the available two-factor authentication options.
(4) The users undertake to use the services offered by us only to the extent permitted by law and these Terms and Conditions. Misuse leads to the exclusion of the right of use granted by the registration. We will deactivate the respective user accounts after becoming aware of any misuse. Any fees already paid will not be refunded in this case.
(5) The Fediverse Services hosted by us are intended solely for customary use as a social media platform. Use of the service for other purposes may result in termination of the provision contract without notice and without delay.
(6) The following content is explicitly (but not exclusively) prohibited: Sexual content with minors, extreme violence, right-wing extremist and National Socialist content, Holocaust denial, content that is racist, transphobic, homophobic, misogynistic or otherwise hurtful, insulting or derogatory, content that incites violence, conspiracy ideological content, propaganda and pseudoscience, content that spreads untruths and resentment as well as content that is classified as illegal in the territory of the Federal Republic of Germany. The commissioning party shall be liable for such content. Furthermore, the dissemination of such content shall lead to the immediate termination of the provision contract. The contracting parties are obliged to moderate the service provided accordingly.
(7) The users undertake to indemnify us against all claims of third parties which are based on a non-contractual use of the website/app services and their contents by the users.
§7 Liability, claims for damages
(1) We shall only be liable for intent. Only if essential contractual obligations (consequently such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for gross or slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract.
(2) The exclusion does not apply to cases of breach of material contractual obligations, the absence of warranted characteristics, for damages arising from injury to life, limb or health and liability under the Product Liability Act. Liability and resulting claims for damages are limited to the order value.
(1) For all works handed over to us, we assume that the users are entitled to the copyright or reproduction rights. We reject any liability that could arise from the disregard of such rights. If templates are provided with the copyright of third parties, we also assume that the users have the consent of the copyright holders. We are entitled to attach our copyright to any finished product. Thus, products manufactured by us may not be copied, reprinted or otherwise reproduced by users or third parties unless the users obtain our prior written consent.
(2) We assume no liability for information deposited and publicly distributed on the services (in particular image, sound or video media). The commissioning parties assume any liability for illegal or copyright-infringing content. Monitoring of the content and moderation of the platform is carried out by the client, not by us.
§ 9 Software licences
(1) ViOffice Fediverse Hosting is based on Open Source & Free Software components (here: FOSS components). The use of these components is not covered by these Terms and Conditions. Rather, the FOSS components are licensed by their rights holders according to the licence applicable to the respective component and may be used by users and provided by us according to these rules. The applicable licence for Mastodon can be found here.
§10 Cookies and user tracking
(1) For technical reasons ViOffice Web Analytic stores so-called "session cookies" on the end devices of users. These are used exclusively for the login or authentication with the services and are not read by us for other purposes. Further information can be found in our data protection declaration.
(2) For technical reasons, our services and systems collect personal data of the users and information about the end devices they use to access our services. These so-called "log files" contain, for example, the IP address of the users and the "user agent" of the end devices used. The data is only stored for up to 14 days for the purpose of error analysis or to fulfil the service, after which it is immediately and irretrievably deleted and is never shared with third parties.
§11 Place of performance and jurisdiction
(1) Place of performance for payment and delivery is Trier. The place of jurisdiction is Trier.
(2) The contract is subject to the law of the Federal Republic of Germany for both contracting parties.
§12 Severability clause
If a provision in these terms and conditions or a provision within the scope of other agreements is or becomes invalid or unenforceable, this shall not affect the validity of all other provisions or agreements. In this case, the contracting parties shall replace the invalid or unenforceable clause with a valid clause that comes as close as possible to the invalid or unenforceable clause in terms of meaning and purpose.