0. CONSENT TO OUR LEGAL 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 (the "Website"), the mobile application RattleStork (the "App") and other related products and services that refer to these legal terms (collectively 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 legal terms constitute a legally binding agreement between you, whether acting 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 acknowledge that you have read and understood these legal terms and agree to be bound by them. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.
Supplemental terms or documents posted from time to time in the Services are incorporated herein by reference. We may amend and update these legal terms occasionally and 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 that you print a copy of these legal 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 any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Users in other regions act on their own initiative and are solely responsible for compliance with local laws.
The Services are not tailored to industry-specific regulations (for example, 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") 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 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 immediately terminates your rights.
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 such information; (2) you have the legal capacity to agree to these terms; (3) you are of legal age; (4) you will not access the Services by automated or non-human means; (5) you will not use the Services for illegal or unauthorised purposes; and (6) your use of the Services will comply with applicable law. In the event of a breach, accounts may be suspended/terminated.
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 authorise recurring charges until cancellation. The billing cycle is determined by the plan you select.
Cancellation
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 in accordance with applicable law.
6. PROHIBITED ACTIVITIES
You must not use the services for purposes other than those we provide 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/abuse; automated use or scraping; removal of notices or rights protection marks; impersonation; passive data collection; disrupting operations; circumventing access controls; copying/adapting software; reverse engineering, except as permitted by law; use of automated systems; unauthorised account creation/capture of email addresses; competing or commercial exploitation; advertising; sale/transfer of your profile; creation of fake profiles.
7. USER-GENERATED CONTENT
The services may enable uploading content and making posts. 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 any personality or data protection 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 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, at our discretion, edit, re-categorise, pre-screen or remove contributions.
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 you own or control, subject to these legal terms. Prohibited (except as permitted by law) are: decompilation, reverse engineering, disassembly, derivation of source code, decryption, modification, creation of derivative works; legal infringements; removal of notices; unauthorised 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 via 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 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 accept no responsibility. Your use is at your own risk and is subject to the third party's terms and privacy policy. 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 infringing 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 on the services infringes your copyright, notify us using the contact details inSection 26. False statements in a notice may lead to liability under applicable law.
14. TERM AND TERMINATION
These terms apply while 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.
After termination or suspension you must not create 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 the discontinuation of 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 ordinarily resident 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 informal resolution of any dispute 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 (Strasbourg). Seat of arbitration: Magdeburg, Germany. Procedural language: German. Governing law: Germany.
Restrictions
Arbitration will proceed on an individual basis only: no class actions, mass claims, or representative proceedings 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 court referred to inSection 16must be brought before the aforementioned competent court.
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 MAXIMUM 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 SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO 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 affiliates and personnel) 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 infringement of third-party rights; or harmful acts against other users. We may assume the exclusive defence 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 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 any legal writing and delivery requirements.
24. CALIFORNIA USERS AND RESIDENTS
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 illegal, void or unenforceable, the remainder remains in effect. No partnership or agency is created. You waive objections to 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