0. AGREEMENT TO OUR LEGAL TERMS
We are RattleStork UG (haftungsbeschränkt) (the "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 (the "Website"), the mobile application RattleStork (the "App") and other related products and services that reference these Terms (together, the "Services").
You can reach us by phone at (+49) 178 681 5219, by email at rattlestork[at]gmail.com, or by post at Sternstraße 23, 39104 Magdeburg, Germany.
These Terms constitute a legally binding agreement between you, whether personally or on behalf of an organisation ("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, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.
Supplemental terms or documents posted in the Services from time to time are incorporated by reference. We may occasionally modify and update these Terms; in that case the "Last updated" date above will be updated; 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 of age.
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 entity in jurisdictions where such distribution or use would violate applicable law or regulation or would subject us to registration requirements. Users accessing the Services from other jurisdictions do so on their own initiative and are solely 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 would violate 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 licence to access the Services and 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 immediately terminates your rights.
3. USER REPRESENTATIONS
By using the Services you represent and warrant that: (1) all registration information you provide is true, accurate, current and complete and you will maintain it as such; (2) you have the legal capacity to 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 suspension or termination of accounts.
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 automatically renew unless cancelled. You authorize recurring charges until cancellation. The billing cycle is based on the plan you choose.
Cancellation
You may 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 Terms. Prohibited activities include, among others: systematic data collection; deception; circumventing security measures; harassment; unlawful use; framing/mirroring; malware, spam or other abuse; automated use or scraping; removal of copyright or other protection notices; impersonation; passive data collection; disrupting operations; bypassing access controls; copying or adapting software; reverse engineering, except where permitted by law; use of automated systems; unauthorised account creation or collection of e-mail addresses; competing or commercial exploitation; advertising; selling or transferring your profile; creating false 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/non-proprietary. You represent and warrant that your posts comply with the law and do not infringe rights, do not contain unlawful or offensive content, and do not violate privacy or personality 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 licence to host, use, copy, reproduce, publish, display, distribute, reformat, translate, excerpt, create derivative works from, and sublicense such contributions (including your image, voice and name) in any media. To the extent permitted by law, you waive moral rights. You retain ownership of your contributions; we accept no liability for them. We may edit, reclassify, pre-screen or remove contributions at our discretion.
9. MOBILE APPLICATION LICENCE
Use licence
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 you own or control, subject to these Terms. The following are prohibited (except as permitted by law): decompilation, reverse engineering, disassembly, derivation of source code, decryption, modification, creation of derivative works; legal violations; removal of notices of protection; unauthorised commercial use; concurrent multi-user access; development of competing products; automated requests or 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. We are responsible for maintenance or warranty obligations only to the extent required by law; app distributors generally have no such obligations beyond any store refunds, as provided in their policies.
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 subject to the third party's terms and privacy policies. Purchases through third parties are solely 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 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 material in the services infringes your copyright, notify us using the contact details inSection 26. False statements in a notice may result in liability under applicable law.
14. TERM AND TERMINATION
These Terms apply while you use the services. WE MAY, IN 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 may not create 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 ordinarily resident in another Member State, you also enjoy the protections of mandatory provisions of your place of residence. Non-exclusive jurisdiction: courts of the State of Saxony-Anhalt, Germany.
17. DISPUTE RESOLUTION
Informal negotiations
Before arbitration, the parties will attempt informal resolution of any dispute for at least thirty (30) days after written notice.
Binding arbitration
Disputes shall 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. Language of proceedings: German. Governing law: Germany.
Restrictions
The arbitration will be conducted solely on an individual basis: no class actions, class proceedings or representative claims to the extent permitted by law.
Exceptions
Disputes concerning intellectual property rights; theft, piracy, invasion of privacy, unauthorised use; and requests for injunctive relief may be brought before the competent court referred to in Section 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 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, WE AND OUR DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS/REVENUE/DATA) ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY DOES NOT EXCEED THE AMOUNT YOU PAID TO US IN THE six (6) months PRIOR TO THE EVENT GIVING RISE TO LIABILITY. SOME LAWS DO NOT ALLOW SUCH LIMITATIONS; IN THAT CASE THE ABOVE MAY NOT APPLY.
21. INDEMNIFICATION
You agree to indemnify and hold us (including affiliated companies and staff) harmless from claims, losses and expenses (including reasonable attorneys' fees) arising out of: your submissions; your use of the services; your breach of these terms; your violation of third-party rights; or harmful acts toward other users. We may assume the exclusive defence at your expense; you shall fully cooperate.
22. USER DATA
We process certain data to operate the services. Despite routine backups, you are solely responsible for 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 writing and delivery requirements.
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 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 effective. No partnership/agency is created. You waive objections based on the electronic form of these terms and lack of signatures.
26. CONTACT
RattleStork UG (haftungsbeschränkt)
Sternstraße 23, 39104 Magdeburg, Germany
Phone: (+49) 178 681 5219
Email: rattlestork[at]gmail.com