0. AGREEMENT TO OUR 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 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 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 IMMEDIATELY CEASE USING THEM.
Supplemental terms or documents posted in the Services from time to time are hereby incorporated by reference. We may occasionally change and update these Terms; in such cases 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 of age.
We recommend that you print 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 be contrary to law or regulation or would require us to be registered. Users from other regions act on their own initiative and are solely responsible for complying with local law.
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 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 or internal business use.
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 or 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 will be maintained as such; (2) You have the legal capacity to enter into and be bound by 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 will comply with applicable law. Accounts may be suspended or terminated for violations.
4. USER REGISTRATION
To use the services, an account may be required. Keep your password confidential; you are responsible for all activity on 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 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 must 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 protective notices; impersonation; passive data collection; disruption of operations; bypassing access controls; copying/adapting software; reverse engineering, except where permitted by law; use of automated systems; unauthorised account creation/email harvesting; competitive or commercial exploitation; advertising; sale or transfer of your profile; creation of false profiles.
7. USER-GENERATED CONTENT
The services may allow you to post 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 rights, contain prohibited or offensive content, or violate privacy or data protection rights. Violations may result in suspension or termination.
8. CONTRIBUTION LICENCE
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/name) in all 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, re-categorise, pre-screen or delete 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. Unless permitted by law, you may not: decompile, reverse engineer, disassemble, derive source code from, decrypt, modify, or create derivative works of the app; violate applicable law; remove protective notices; use the app for unauthorised commercial purposes; provide simultaneous multi-user access; develop competing products; make automated requests or send spam; or use 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 and warranty obligations are limited by law; app distributors generally have no such obligations beyond any store refund policies, to the extent those policies apply.
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 policy. Purchases through third parties are solely between you and the third party.
11. MANAGEMENT OF THE SERVICES
We may monitor for violations; pursue legal remedies; refuse, restrict or disable access to content; 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; if you use 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 give rise to liability under applicable law.
14. TERM AND TERMINATION
These Terms apply while you use the services. We may, in our sole discretion and without prior notice or liability, deny access to the services to anyone 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 must not create a new account in 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 the 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 benefit from the protection of mandatory provisions 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 will proceed solely on an individual basis: no class actions, class proceedings, or representative claims, except as 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 theSection 16named 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, AND NON-INFRINGEMENT). WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF CONTENT; UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION; OR THAT DEFECTS WILL BE REMEDIED. 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, EXEMPLARY, INCIDENTAL, SPECIAL 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 THAT CASE THE ABOVE PROVISIONS MAY NOT APPLY.
21. INDEMNIFICATION
You agree to indemnify and hold us (including affiliates and employees) harmless from claims, losses and expenses (including reasonable attorney's fees) arising out of: your submissions; your use of the Services; your breach of these terms; your infringement of third-party rights; or harmful actions toward other users. We may assume the exclusive defence 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 relates to 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 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 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 a provision is unlawful, void or unenforceable, the remainder remains effective. No partnership or agency is created. You waive objections based on 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