Terms Of Use
Terms and Conditions Overview
Terms Of Use
Also Referred to as “Allgemeine Geschäftsbedingungen (abgekürzt AGB)” in German Law Effective as November 19, 2024, and Last updated November 19, 2024
1. Introduction
1.1. General
Please carefully read these Terms of Use (hereafter referred to as "Terms") as they govern your usage of, including access to, our services which include all our websites and applications that incorporate or link to these Terms (collectively referred to as the "Service"). Any materials made available through the Service (the "Content") may also be governed by these Terms. The use of the Service may be subject to additional terms and conditions presented by us, which are incorporated by this reference into these Terms.
1.3. Acceptance of Terms
Any new features or tools added to the current store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.4. Age and Eligibility Requirements
In order to use the Service and access any Content, you need to be 18 years of age or older. If you are a minor in your home country, you need to have parental or guardian consent to use the Service. You also promise that any registration information that you submit is true, accurate, and complete, and you agree to keep it that way at all times. If you do not meet these requirements, then we are unable to register you as a user.
2. Contractual Information
These Terms of Service constitute an agreement between you and us. The following information identifies the parties to this agreement:
Bavaria2TM UG
Rickering 2a
94577 Winzer
Germany
Phone / WhatsApp Business: Available upon request E-Mail: contact@bavaria2tm.com
Managing Director(s)
Thomas Lösl
Register Court: District court Deggendorf Register Number: HRB 5115
Value Added Tax Identification Number (VAT ID): DE328647516
Questions about these Terms should be sent to us through mail.
3. Payment Terms
The terms related to any purchases are listed below. Depending on the selected product or payment method, the execution of the purchase may differ.
3.1. Invalid Payments
In the event of errors, inaccuracies, or omissions occurring during the payment process, we reserves the right to cancel the transaction. These errors may include, but are not limited to, issues where coupon codes did not function as intended, payment failures, incorrect purchase approvals, technical problems resulting in the creation or non-creation of payments, subscriptions, or product purchases.
We strive to provide accurate and up-to-date information on our website. However, there may be instances where typographical errors, inaccuracies, or omissions occur regarding product descriptions, pricing, promotions, shipping charges, transit times, or availability. We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or cancel orders if any information on the website or during the purchase process is found to be inaccurate. This may be done without prior notice, even after you have submitted your order. We undertake no obligation to update, amend, or clarify information on the website or during the purchase process, except as required by law.
Please note that this clause is implemented to protect the integrity of our payment system and to provide a fair and transparent purchase process for our valued customers. We are committed to continuously improving our services and processes to ensure a smooth and reliable user experience. Should you encounter any issues related to the payment process, we encourage you to reach out to our customer support team, who will promptly investigate and resolve the matter to the best of our abilities.
4. Price and Tax Changes
4.1. Price Changes
We reserves the right to modify the prices of its products and services at any time, without prior notice. However, any such changes will not affect transactions that have already been completed or subscriptions that are already active at the time of the price change. Therefore, the prices of our products and services can change at any time. We recommend customers to regularly check the latest prices before making a purchase.
4.2. Tax Changes
Our products and services are available internationally. All prices displayed on our website exclude any applicable taxes, including Value Added Tax (VAT). The VAT rates may vary depending on your location and the specific tax regulations of your country.
By purchasing our products or services, you acknowledge and agree to bear any applicable VAT or other taxes that might be imposed by your local authorities. It is your responsibility to pay the correct amount of VAT or taxes payable in accordance with the regulations in your jurisdiction.
We shall not be held responsible for any changes in VAT rates or any additional taxes or fees imposed by your local authorities.
5. Usage Guidelines and Limitations
5.1. Website / Landing Page
The access to and use of our landing page/home page is generally made available free of charge. However, certain products and services available through our platform may carry a charge.
While we strive to ensure that our landing page is accessible and uninterrupted, we cannot guarantee continuous, uninterrupted or secure access to our platform. The access is granted on a temporary basis and we may suspend, withdraw, discontinue, or change all or any part of our platform without prior notice. We will not be liable if for any reason our platform is unavailable at any time or for any period.
The content available on or through our platform is not intended to be appropriate or available in all locations. We may limit the availability of our platform or any service or product described on our platform to any person or geographic area at any time. However, this does not prevent us from selling products or services to customers in various jurisdictions worldwide.
6. Cancellation Policies
6.1. Cancellation and Refund (SAAS)
You have a statutory right to cancel your subscription at any time, as set out in the relevant cancellation instructions. Please refer to the Cancellation Policy for further details on how to cancel.
Every user is entitled to a 14-day money back guarantee following the initial purchase of the software. Refunds are not issued after automatic renewal of the subscription. For further details, please see our Cancellation Policy.
Please be aware that the limitations specified below and in the Refund Policy may apply and could potentially affect your right to a refund.
7. Refund Policy
This section outlines the specific conditions and requirements that apply to the refund policy for our product(s). It is imperative that you review these terms thoroughly. Your eligibility for a refund, in relation to the product(s) purchased, is contingent upon these stipulated conditions.
Please note, in the event that no specific conditions are listed below, it implies that no additional or unique terms apply to your specific product or purchase.
8. User Engagement
8.1. Complaints
We value our users' feedback and welcome complaints as they help us improve our products and services. Should you have any issue with our product or any aspect of our service, please feel free to reach out to us.
While we strive to address all user complaints satisfactorily, it is important to understand that our ability to make changes or improvements is limited to aspects within our direct control. This means that we cannot rectify issues related to third-party products or services, nor issues that stem from the specific local environments where our products are being used.
Please understand that addressing such issues would fall outside our responsibilities and capabilities. For issues related to third-party products or local environments, we advise users to reach out to the appropriate party or parties involved.
9. Marketing and Newsletter
We periodically send newsletters to provide information about our products, such as new features, special offers and deals, and surveys. Upon creating an account or signing up for our services, users will also subscribed to these newsletters.
By providing your consent during the sign-up process, you agree to our marketing communications. Our emails may include but are not limited to new updates, offers, events, user guides, and surveys.
Your email will be held only by us and will not be passed on to any third-party company, except in the case where we are working with a marketing company. In this case, the marketing company may have limited access to your information, but all actions are under our supervision. If this is the case please view our Privacy Policy.
Based on your rights under the General Data Protection Regulation (GDPR / DSGVO), you have the opportunity to opt-out from the mailing list at any time. This option is provided in every email sent to you and within your user account. Please note that opting out from the mailing list may impact your ability to use our free services and products.
For more information on how we process and protect your personal data, please refer to our Privacy Policy.
10. Privacy Statement
10.1. Data Privacy
We value your privacy and we are committed to safeguarding your personal information. To outline how we handle your personal data, we have developed a Privacy Policy. Please ensure that you review and understand our Privacy Policy.
We do not collect any personal data from you unless you voluntarily provide it to us. When you use our services, you may voluntarily provide us with certain personal data. This could include your name, email address, or other contact details. Please note that without some of this data, we may not be able to provide you with our full range of services.
Your personal data is stored and processed in compliance with applicable laws, and we have implemented necessary measures to keep your information secure. Your data will not be sold, exchanged, transferred, or given to any other company without your consent, other than for the express purpose of delivering the service requested.
In line with data protection laws, we only use your personal data for the purposes for which you have given us your explicit consent, unless otherwise provided by law.
In addition to this, please be aware that we use cookies to enhance your user experience, to support the functionality of our services, and for targeted marketing activities. For further information, please refer to our Cookies Usage.
10.2. Security Measures
We understand the importance of protecting your personal data and are committed to ensuring its safety. We have implemented appropriate technical and organizational measures to safeguard your data against unauthorized access, misuse, alteration, or loss. This includes, but is not limited to, the use of secure server technology, encryption, and other necessary security measures.
However, please be aware that despite our best efforts, no security measures are perfect or impenetrable, and data transmission over the internet cannot be guaranteed to be completely secure. Therefore, while we strive to protect your personal data, we cannot guarantee the security of any information you transmit to us or from our services, and you do so at your own risk.
We disclaim all liability for any unintentional disclosure or unauthorized access to your personal data. In the event of a security breach involving your personal data, we will comply with all applicable laws regarding notification to you.
11. Intellectual Property Rights
The services, including but not limited to all information, content, and materials available on the website, are protected by copyright laws, trademarks, patents, trade secrets, and other proprietary rights and laws (collectively, "Intellectual Property Rights"). Any unauthorized use of the services violates these Terms and may violate applicable law.
Except as expressly provided herein, we do not grant any express or implied right to use any of our resources. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the resources, content or any portion of our intellectual property.
In addition, you agree not to engage in any activity that may infringe on our Intellectual Property Rights. This includes, but is not limited to, any exploitation of the services, intellectual properties or any portion thereof for commercial purposes without our prior written consent.
This provision shall survive the termination of these Terms and remains in full force and effect to protect our services.
12. Limitation of Liability
12.1. User Liability Disclaimer
By using our website and/or purchasing any goods or subscriptions from us, you agree that your use of these services is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website, and that we shall not be liable for any damages of any kind related to your use of this site.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
Your sole and exclusive remedy is to discontinue using the website.
Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the website.
We are not liable for any losses or damages arising from your failure to comply with this section (User Liability Disclaimer), or for any acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any of our services. You assume total responsibility for your use of the site and any linked sites.
The aforementioned does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
12.2. Third-Party Content Disclaimer
Our website may contain links to third-party websites or services that are not owned, controlled, or operated by us. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party sites or services, nor do we make any warranties about their content or accuracy. Your interactions with these third-party sites or services, including any business or transactions you conduct with them, are solely between you and the third-party.
Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. By using a third-party service, or by choosing to visit a third-party linked site, you assume all risk associated with it.
In no event shall we be liable for any direct, indirect, consequential, or incidental damages arising out of or in connection with your use of such third-party sites or services, or your reliance on any information provided on such third-party sites or services.
We cannot ensure the security or privacy of information you provide through the internet, or who may obtain such information, to any third parties. Any such linking is done solely at your own risk and we encourage you to review the privacy policies of every third-party website or service that you visit or interact with.
Your use of our software or services in conjunction with any third-party software, service or product is at your own risk. We are not responsible for any issues or damages that may arise from such usage, including, but not limited to, incompatibility issues, data loss, or functionality issues. You agree to waive any claim related to the inclusion of such third-party links, software, or services on our site.
12.3. Indemnification
You agree to indemnify, defend, and hold us harmless, along with our subsidiaries, affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, and employees, from and against any losses, liabilities, damages, costs or expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in connection with:
- Any breach or violation by you of these Terms of Use or any other instructions or guidelines posted on the website;
- Any access or use of the website, services, or products (including any misuse);
- Any content or information that you post, submit, transmit, or otherwise make available through the website;
- Your violation of any rights of any third party, including but not limited to any infringement of intellectual property rights or privacy rights; or
- Any violation of applicable law, regulation, or rights of any third party during your use of the website, services, or products.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
This indemnification section survives the termination of your account or the termination of this agreement for any reason.
13. Governing Law, Arbitration, and Venue
13.1. Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and are to be construed in accordance with the laws of the Federal Republic of Germany.
In the event of a dispute arising out of or relating to these Terms of Use, both parties agree to submit to the exclusive jurisdiction of the local courts of Deggendorf, Bavaria, Germany.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
13.2. Online Dispute Resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
We are not ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
13.3. Arbitration Clause
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms of Use or the breach thereof, the parties hereto shall use their best efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
If the parties do not reach such solution within a period of 60 days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the German Institution of Arbitration in accordance with the provisions of its Arbitration Rules.
The place of arbitration have be Deggendorf, Bavaria, Germany. The language of the arbitration shall be German. The arbitral award is final and binding upon both parties.
The user agrees to this arbitration agreement to the extent permissible under applicable law. To the extent the user has in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in Germany.
14. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. Such changes may be necessary due to a number of reasons, including, but not limited to:
- Changes in the legal landscape
- Shifts in supreme judicial case law
- Modifications in economic conditions or the market situation
- Technical adjustments to our services
Should a revision be material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. We will notify users of such changes by any reasonable means, including by posting a revised version of these Terms of Use on our service or other notification.
Your continued use of our services following the posting of changes to these Terms of Use will mean you accept those changes. If you do not agree to the new terms, in whole or in part, please stop using the website and the services.
Unless explicitly stated otherwise, these Terms of Use, together with any other legal notices published by us on our services, shall constitute the entire agreement between you and us concerning the services, superseding any prior agreements, whether written or oral, in relation to the subject matter of these Terms of Use.
15. Termination
All obligations and liabilities of the parties, incurred prior to the termination date, shall survive the termination of these Terms of Use for all purposes. These Terms of Use are effective unless and until terminated by either you or us.
You may terminate these Terms of Use at any time by notifying us that you no longer wish to use or promote our services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services (or any part thereof).
We reserve the right, at any time at our sole discretion, with or without prior notice, to modify, suspend, or discontinue our services. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuation of our services.
Any terms or conditions of these Terms of Use which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
Upon the termination of these Terms of Use, you shall cease all use of our services and destroy all copies, whether full or partial, of any related materials in your possession or control.
16. Severability
Should any provision of these Terms of Use be held invalid or unenforceable for any reason or to any extent, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the case where the law of a country other than Germany is applicable, the provisions of these Terms of Use shall apply with the necessary changes. If a provision of these Terms of Use is or becomes ineffective in accordance with the applicable law, this shall not affect the validity of the remainder of the Terms of Use.
The ineffective clause shall be replaced, as far as possible, with a permissible clause which approximates as closely as possible to it in effect. In case an amendment to these Terms of Use is required for this, both parties mutually undertake to cooperate with the amendment.
Any failure by us or any third-party beneficiary to enforce these Terms of Use or any provision thereof shall not waive our or the applicable third-party beneficiary's right to do so.
17. Assignment
We reserve the right to assign or transfer these Terms of Use, in whole or in part, and any of our rights or obligations under these Terms of Use at our discretion. This might occur, for example, if there is a change of ownership or in the event of a merger, acquisition, or sale of assets.
You are not entitled to assign these Terms of Use, in whole or in part, nor transfer or sub-license your rights under these Terms of Use, to any third party. Any attempted assignment or transfer in violation of the terms will be void and without effect.