0. AGREEMENT TO OUR TERMS
We are the RattleStork UG (haftungsbeschränkt) (hereinafter "the Company", "we", "us", or "our"), a company incorporated in Germany with its registered address at Sternstraße 23, 39104 Magdeburg, Germany. Our VAT ID is 102/115/07476.
We operate the website https://rattlestork.org (the "Website"), the mobile application RattleStork (the "App"), and other related products and services that reference these terms (collectively, the "Services").
You can reach us by phone at (+49) 178 681 5219, by email at rattlestork[at]gmail.com, or by mail at Sternstraße 23, 39104 Magdeburg, Germany.
These terms constitute a legally binding agreement between you, whether acting personally or on behalf of an organization ("you"), and RattleStork UG (limited liability), concerning your access to and use of the Services. By accessing the Services you confirm that you have read and understood these terms and agree to be bound by them. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.
Supplemental terms or documents that are posted in the Services from time to time are hereby incorporated by reference. We may occasionally change and update these terms, in which case we will update the "Last updated" date above; your continued use of the Services after such changes take effect constitutes acceptance. The Services are intended for users who are at least 18 years old.
We recommend printing a copy of these terms for your records.
1. OUR SERVICES
The information provided as part of the Services is not intended for distribution to or use by persons or organizations in jurisdictions where such distribution or use would violate the law or regulatory requirements or would subject us to a registration requirement. Users in other jurisdictions act on their own initiative and are solely responsible for compliance with local laws.
The Services are not tailored to industry-specific regulations (e.g., HIPAA, FISMA). If your interactions would be subject to such laws, you must not use the Services. You must not use the Services in any way that violates the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
All rights in the Services, including source code, databases, functionality, software, designs, audio, video, text, photographs and graphics (the "Content") and trademarks, service marks, and logos (the "Marks") are owned by us or licensed to us. Content and marks are protected by law and are provided "AS IS" solely for your personal, non-commercial use or internal business purposes.
Your use of our Services
Subject to these terms (includingSection 6) we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download/print lawfully accessible content for personal, non-commercial, or internal business purposes. Any other use requires our prior written consent. We reserve all rights not expressly granted. Any breach of this section is material and terminates your rights immediately.
3. USER REPRESENTATIONS
By using the Services you represent and warrant: (1) all registration information you submit is true, accurate, current, and complete and will be maintained as such; (2) you have the capacity to enter into these terms and agree to them; (3) you are of legal age; (4) you will not access the Services through automated or non-human means; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will comply with applicable law. Violations may result in account suspension or termination.
4. USER REGISTRATION
An account may be required to use the services. Keep your password confidential; you are responsible for all activity under your account. We may reclaim or change usernames that are inappropriate.
5. SUBSCRIPTIONS
Billing and renewal
Subscriptions renew automatically unless canceled. You authorize recurring charges until cancellation. The billing cycle depends on the plan you selected.
Cancellation
You may cancel anytime from your account; cancellation will take effect at the end of the current paid period. Questions: rattlestork[at]gmail.com.
Fee changes
We may adjust fees and will notify you of such changes as required by law.
6. PROHIBITED ACTIVITIES
You may not use the services for any purpose other than those provided by us or in a manner that conflicts with these terms. Prohibited activities include, without limitation: systematic data collection; deception; circumvention of security measures; harassment; unlawful use; framing/mirroring; malware/spam/abuse; automated use or scraping; removal of protection notices; impersonation; passive data collection; disruption of operations; bypassing access controls; copying or modifying software; reverse engineering, except where permitted by law; use of automated systems; unauthorized account creation or harvesting of email addresses; competing or commercial exploitation; advertising; sale or transfer of your profile; creating fake profiles.
7. USER-GENERATED CONTENT
The services may allow posting of content and contributions. Posts may be visible to others and treated as non-confidential/unprotected. You represent and warrant that your posts comply with the law and do not infringe any rights, do not contain unlawful or offensive content, and do not violate privacy or personal rights. Violations may result in suspension or termination.
8. CONTRIBUTION LICENSE
By publishing contributions you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license to host, use, copy, reproduce, publish, display, distribute, reformat, translate, excerpt, create derivative works from, and sublicense such contributions (including your image/voice/name) in any media. You waive moral rights to the extent permitted by law. You retain ownership of your contributions; we assume no liability for them. We may, at our discretion, edit, recategorize, pre-screen, or remove contributions.
9. MOBILE APPLICATION LICENSE
Use License
If you access the app, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the app on devices you own or control, subject to these terms. Prohibited (except where legally permitted) are: decompilation, reverse engineering, disassembly, derivation of source code, decryption, modification, creation of derivative works; violations of law; removal of protection notices; unauthorized commercial use; simultaneous multi-user access; development of competing products; automated requests/spam; use of our intellectual property to build accessories or apps.
Apple and Android devices
Apps obtained through the Apple App Store or Google Play are subject to additional terms. App distributors are third-party beneficiaries and may enforce applicable terms. Maintenance and warranty obligations apply to us as required by law; app distributors generally have no such obligations beyond any store refunds that their policies provide.
10. THIRD-PARTY WEBSITES AND CONTENT
The services may link to third-party websites or display third-party content. We do not monitor or endorse these and assume no responsibility. Your use is at your own risk and is subject to the third party’s terms and privacy policies. Purchases made through third parties are solely between you and the third party.
11. SERVICE MANAGEMENT
We may monitor for violations; take legal action; deny, restrict, or disable access to contributions; remove objectionable files; and manage the services to protect rights and property and to ensure proper operation.
12. PRIVACY POLICY
See our Privacy Policy. By using the services you agree to it. The services are hosted in Germany; by using them from other regions you consent to transfer and processing in Germany.
13. COPYRIGHT INFRINGEMENTS
If you believe that material on the services infringes your copyright, notify us using the contact details in Section 26. False statements in a notice may give rise to liability under applicable law.
14. TERM AND TERMINATION
These terms apply for as long as you use the services. WE MAY, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO THE SERVICES TO ANYONE FOR ANY OR NO REASON, including for breaches of these terms or applicable law. We may terminate your account and remove content at any time.
Upon termination or suspension you are prohibited from creating a new account under your name or an alias. We may pursue civil, criminal, and injunctive remedies.
15. CHANGES AND INTERRUPTIONS
We may change, modify, or remove content or features at any time without notice. We do not guarantee availability and are not liable for downtime or discontinuation of services.
16. GOVERNING LAW
These terms are governed by German law (excluding the UN Convention on Contracts for the International Sale of Goods). If you are an EU consumer with habitual residence in another member state, you also benefit from the mandatory protections of your country of residence. Non-exclusive jurisdiction: courts of the state of Saxony-Anhalt, Germany.
17. DISPUTE RESOLUTION
Informal Negotiations
Before arbitration, the parties will attempt to resolve any dispute informally for at least thirty (30) days after written notice.
Binding Arbitration
Disputes will be resolved by a sole arbitrator under the arbitration and internal rules of the European Centre of Arbitration (European Centre of Arbitration, Strasbourg). Seat of arbitration: Magdeburg, Germany. Procedural language: German. Applicable law: Germany.
Restrictions
Arbitration will be conducted solely on an individual basis: no class actions, collective proceedings, or representative claims to the fullest extent permitted by law.
Exceptions
Disputes relating to intellectual property rights; theft, piracy, invasion of privacy, unauthorized use; and requests for injunctive relief may be brought before the competent court named inSection 16the competent court named therein.
18. CORRECTIONS
We may correct errors, inaccuracies, or omissions and update information in the Services at any time without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT). WE DO NOT WARRANT THE ACCURACY/COMPLETENESS OF THE CONTENT; UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION; OR THAT DEFECTS WILL BE CORRECTED. USE IS AT YOUR OWN RISK.
20. LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS/REVENUE/DATA) ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE six (6) months PRIOR TO THE EVENT GIVING RISE TO LIABILITY. SOME LAWS DO NOT ALLOW LIMITATIONS; IN SUCH CASES, THE ABOVE PROVISIONS MAY NOT APPLY.
21. INDEMNIFICATION
You agree to indemnify and hold us (including affiliated companies and employees) harmless from claims, losses, and expenses (including reasonable attorneys' fees) arising out of: your contributions; your use of the Services; your breach of these Terms; your violation of third-party rights; or harmful conduct toward other users. We may assume the exclusive defense at your expense; you must fully cooperate.
22. USER DATA
We process certain data to operate the Services. Despite routine backups, you are solely responsible for the data you submit or that is associated with your activities. We are not liable for loss or damage to such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Services, you consent to electronic communications and acknowledge that electronic signatures, contracts, orders, and records satisfy legal requirements for written form and service.
24. USERS AND RESIDENTS OF CALIFORNIA
If a complaint is not resolved, you may contact: California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These legal terms and the policies posted in the Services constitute the entire agreement between you and us. Failure to enforce a provision does not constitute a waiver. We may assign our rights and obligations. We are not liable for causes beyond our reasonable control. If any provision is unlawful, void, or unenforceable, the remainder remains in effect. No partnership or agency is created. You waive any objections based on the electronic form of these terms and the absence of signatures.
26. CONTACT
RattleStork UG (haftungsbeschränkt)
Sternstraße 23, 39104 Magdeburg, Germany
Phone: (+49) 178 681 5219
Email: rattlestork[at]gmail.com