0. AGREEMENT TO OUR TERMS
We are the RattleStork UG (haftungsbeschränkt) (hereinafter "Company", "we", "us" or "our"), a company registered in Germany with its address at Sternstraße 23, 39104 Magdeburg, Germany. Our VAT ID is 102/115/07476.
We operate the website https://rattlestork.org (hereinafter the "Website"), the mobile application RattleStork (hereinafter the "App") and other related products and services that refer to these legal terms (together 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 (haftungsbeschränkt), regarding 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, YOUR USE OF THE SERVICES IS EXPRESSLY PROHIBITED AND YOU MUST STOP USING THE SERVICES IMMEDIATELY.
Supplemental terms or documents posted from time to time in the Services are incorporated herein by reference. We may occasionally change and update these Terms and in that case will update the "Last updated" date above; your continued use of the Services after such changes take effect constitutes your 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 through the Services is not intended for distribution to or use by any person or organization in any jurisdiction where such distribution or use would violate law or regulation or subject us to registration requirements. Users accessing the Services from other regions do so on their own initiative and are responsible for compliance with local laws.
The Services are not designed to comply with 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 a manner 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") as well as 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 legally 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 you will maintain and update such information; (2) you have the capacity to enter into a binding agreement and agree to these Terms; (3) you are of legal age; (4) you will not access the Services using automated or non-human means; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use complies 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 that occurs under your account. We may reclaim or change usernames that are inappropriate.
5. SUBSCRIPTIONS
Billing and Renewal
Subscriptions automatically renew unless cancelled. You authorize recurring charges until cancellation. The billing cycle is based on the plan you select.
Cancellation
Cancel at any time in 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 in accordance with applicable law.
6. PROHIBITED ACTIVITIES
You may not use the Services for purposes other than those provided by us or in a manner that conflicts with these legal terms. Prohibited activities include, but are not limited to: systematic data collection; deception; circumventing security measures; harassment; unlawful use; framing/mirroring; malware, spam or other abuse; automated use or scraping; removal of protective notices; impersonation; passive data collection; disruption of operations; circumventing access controls; copying or modifying software; reverse engineering, except as permitted by law; use of automated systems; unauthorized account creation or collection 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 you to post content and posts. Posts may be visible to others and treated as non-confidential/not protected. You represent and warrant that your posts comply with the law and do not infringe any rights, do not contain unlawful or abusive content, and do not violate personal or privacy rights. Violations may result in suspension or termination.
8. LICENSE FOR CONTRIBUTIONS
By posting 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 accept no liability for them. We may edit, re-categorize, pre-screen or remove contributions at our discretion.
9. MOBILE APPLICATION LICENSE
License to use
If you access the Services via the app, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the app on devices that you own or control, subject to these legal terms. The following are prohibited (except to the extent permitted by law): decompilation, reverse engineering, disassembly, attempting to derive source code, decryption, modification, creation of derivative works; violations of law; removal of protective 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. Our maintenance/warranty obligations are subject to applicable law; app distributors generally have no such obligations beyond any store refunds, to the extent their policies provide for them.
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 accept no responsibility. Your use is at your own risk and is subject to the third party's terms and privacy policies. Purchases through third parties are strictly between you and the third party.
11. MANAGEMENT OF THE SERVICES
We may monitor for violations; take legal action; refuse, limit, or disable access to contributions; remove offending 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 via the contact details inSection 26. False statements in a notice may give rise to liability under applicable law.
14. TERM AND TERMINATION
These legal terms apply as long as you use the Services. WE MAY, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ANYONE ACCESS TO THE SERVICES FOR ANY OR NO REASON, including for violations 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 in your name or under 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 the Services.
16. GOVERNING LAW
These legal 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 additionally benefit from the mandatory protections of your country of residence. Non-exclusive jurisdiction: the 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 decided 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. Governing law: Germany.
Restrictions
The arbitration shall proceed on an individual basis only: no class actions, mass proceedings or representative claims to the extent permitted by law.
Exceptions
Disputes concerning intellectual property rights; theft, piracy, invasion of privacy, unauthorized use; and requests for injunctive relief may be brought before the competent court referred to inSection 16.
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, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS/REVENUE/DATA) ARISING OUT OF YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. SOME LAWS DO NOT ALLOW LIMITATIONS; IN THAT CASE THE ABOVE PROVISIONS MAY NOT APPLY.
21. INDEMNIFICATION
You agree to indemnify and hold us (including our affiliates 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 acts against other users. We may assume the exclusive defense at your expense; you will 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 data 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 any legal requirements for writing and delivery.
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 N 112, Sacramento, CA 95834, (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These legal terms and the policies published 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 illegal, void, or unenforceable, the remainder will remain in effect. No partnership or agency is created. You waive objections to the electronic form of these Terms and the lack of signatures.
26. CONTACT
RattleStork UG (haftungsbeschränkt)
Sternstraße 23, 39104 Magdeburg, Germany
Phone: (+49) 178 681 5219
Email: rattlestork[at]gmail.com