Terms & Conditions (English translation)
1. Scope of Applicability
These General Terms and Conditions (GTC) apply to all contracts entered into with
Capacities Labs GmbH, St. Martinsweg 3, 66606 St. Wendel
VAT identification number: DE356317955
registered in the commercial register under HRB 108844 at the SaarbrĂĽcken District Court
(hereinafter: “Capacities Labs”, “the provider”, “we”, “us”, etc.)
as the supplier/service provider/provider of the products for the performance or provision of digital products and services (App for managing content and information).
Any own terms and conditions of the customer will not become part of the contract, even if the customer expressly indicates their validity in his order or elsewhere or in any other way.
Capacities Labs ("Capacities Labs“, “We”, “Us”, “Our”, “Company”) develops mobile applications (“Our Products”). The website of Capacities Labs https://www.capacities.io (the “Website”), all other products and services, including mobile apps (the “Application”, the “App”) and all content, offered as part of it are collectively referred to as “Services” and offered to you by Capacities Labs. Our products provide content, features, functionalities, and other information and services, including but not limited to viral, embeddable, or application/device-based features and corresponding technology, even when accessed via the internet, mobile or other devices (collectively “Our Services”). Subscribers, account holders, customers, users, and others who download, access, use, purchase, and/or subscribe to the services (“You”) agree to these General Terms and Conditions (the “GTC”). By agreeing to these GTC, you confirm that you are solely responsible for your state of health. These GTC oversee your use of the services and are a condition for your use of the services.
By using our products and services, you accept these GTC. If you do not accept these GTC, you are not allowed to use our products and services. Capacities Labs reserves the right to change these GTC at any time without prior notice. A current version of these GTC will be available on the official Capacities Labs website. Any changes become effective immediately upon posting. By continuing the use of our products, you agree to the amended GTC.
2. Order; Conclusion of Contract; Delivery; Point of Performance
2.1. Contracts for digital products
2.1.1. With his order, the customer makes a binding offer to conclude a contract referencing these Terms and Conditions. This applies regardless of the type and form of the ordering process (internet, e-mail, fax, telephone, letter, order form etc.). For customer orders in electronic business transactions (internet, email), the customer will receive a confirmation electronically, summarizing the details of the order, including the prices.
2.1.2. The contract is only concluded by the express acceptance of the offer by Capacities Labs. The confirmation of access is considered to be the acceptance of the offer unless it states otherwise. Acceptance is also considered to be the initiation of the service. For electronic orders via the internet, the contract text is stored after the conclusion of the contract and can be retrieved by the customer from Capacities Labs.
2.1.3. Where available, the ordered goods or service will be delivered or provided immediately.
2.1.4. The customer must be at least 16 years old, as the services and products offered are not suitable for children. By using this website or the app, you agree to the General Terms and Conditions presented here. If you do not agree to these General Terms and Conditions, you may not use this website or app. If the consent of one or all legal guardians is necessary for legal reasons, the minor customer declares that the consent of the legal guardian(s) is present.
2.2. Services Offered
2.2.1. Capacities
The app serves to manage and organise digital information. With Capacities, you can store, search and organise digital information, notes and media. All content is synchronized across your devices. Content can be published to share with third parties.
2.3. Point of Performance and System Requirements for Internet-Based Services/Deliveries
2.3.1. The point of performance for internet-based services/deliveries is the router exit of the data centre used by Capacities Labs to the internet. The customer must provide for the connection to the Internet, the provision or maintenance of the network connection to the data center, as well as the procurement and provisioning of network access components for the Internet on the customer side. Internet access via ISDN or higher is generally required for the use of the internet-based services/deliveries on the customer’s side.
2.3.2. Capacities Labs is not responsible for the customer’s system environment. Requirements for the hardware and software environment that must be met on the customer side can be found in the respective offer. The customer is responsible for ensuring that he has the necessary system requirements. Capacities Labs reserves the right to change the system environment in which the data is accessed and the other system requirements at any time and to adapt them to new technical developments. This may result in changes to the technical requirements for customer access. The customer is responsible for adapting his access computer to the changed system requirements. Capacities Labs will inform such customers who have a contract for permanent or recurring services within a reasonable period of time in advance of any impending changes. Capacities Labs will keep the changes within what is reasonable for the customers, taking into account the interests of Capacities Labs.
2.3.3. Capacities Labs makes every effort to protect the databases from the introduction of viruses, trojans and malware of any kind. Nevertheless, Capacities Labs cannot rule out that especially when downloading documents or parts of documents, these are infected with viruses or the like, which can lead to errors, loss of data or other damage to the customer’s system environment. The customer takes the risk of such virus transmission. He will protect his system environment with current antivirus software. Capacities Labs is not liable for damages caused by such virus transmission to the customer.
3. No Right to Withdraw and Cancel
3.1. Subscription fees or one-off fees that you have paid are not refundable and/or not exchangeable, unless otherwise stated or prescribed by applicable law. If you have purchased a subscription or other services for a one-time fee via your iTunes account or Google Play, to apply for a refund, please refer to the Apple and Google policies and instructions. Taxes paid (such as VAT or sales tax) will not be refunded.
3.2 If you are based in the EU, you have the right to withdraw from the agreement on the purchase of digital content free of charge and without giving reasons within fourteen (14) days from the date of the conclusion of such an agreement. The right of withdrawal does not apply if the performance of the agreement has begun with your prior explicit consent and your recognition that you thereby lose your right of withdrawal. You hereby expressly agree to the immediate performance of the agreement and acknowledge that you lose your right of withdrawal from the agreement as soon as our servers validate your purchase and the corresponding purchase is successfully delivered to you. Therefore, you are not entitled to a refund, unless the digital contents are defective.
4. Customer Account; Access to Online Products
4.1. Internet-based services are processed via online customer accounts.
4.2. The use of online customer accounts necessarily requires the registration of customer data requested on the respective website. Capacities Labs can refuse to accept registrations if there is a substantive reason for doing so, e.g. incorrect information is provided or it is feared that payment obligations are not likely to be met, which might be the case in the event of opened insolvency proceedings or negative creditworthiness or poor payment experience, as well as in the event of fraud attempts or abuse.
4.3. The customer’s access to the online customer account and/or to the online products is protected by a password via the internet. The customer is obligated to keep his access data and his password secret and to protect it from misuse by third parties. Employees of Capacities Labs are not authorized to request passwords by phone or in writing. The generally known rules should be observed when choosing a password (length, complexity of the password). Password changes are only possible online within the customer account. Furthermore, Capacities Labs is entitled to block access to the customer account or to the online products in the event of misuse. The customer is liable for misuse for which he is responsible towards Capacities Labs.
5. Payment Terms, Prices and Price Increases
5.1. Invoices are payable without deduction - as a rule with dispatch. Discounts and other deductions are not permitted. Capacities Labs is entitled to collect reminder fees and default interest at bank standard rates. Invoices and reminders are generated by machine and can be sent to the customer by e-mail.
5.2. For a payment via the payment service provider Paddle.com Market Ltd., Judd House, 18-29 Mora Street, London, EC1V 8BT, United Kingdom, the respective general terms and conditions (https://www.paddle.com/legal/terms) apply. Capacities Labs do not store payment information.
5.4. The delivery/service is provided at the respective valid gross final price (net price plus statutory sales tax). The prices indicated in the invoice include the statutory sales tax.
5.5. The customer is not entitled to withhold payments, unless he is entitled to a statutory right of retention from the same contractual relationship. Set-off is only permissible insofar as the claim, against which it is set off, is undisputed or legally established. Costs for unjustifiable return debits are to be borne by the customer.
5.6. Price Increases: The company explicitly reserves the right to adjust the respective prices for the products in a reasonable manner.
5.7. Our products and services are purchased as a subscription. The subscription can include a chargeable (for a minimal payment) or a free trial period (“Trial period”) if applicable. You pay nothing if you cancel the subscription 24 hours before your free trial expires. Subscriptions can also include a pay trial period if applicable. Unless you cancel 24 hours before the end of the trial period, you will automatically be invoiced a price stated on the payment screen, and/or payment popup screen for a selected subscription period. Please note that, if a trial period is offered, it would be explicitly stated on the price screen before checkout. If this is not the case, you are purchasing our subscription without a trial period. We might, from time to time, offer discount offers that renew at the full, non-discounted price, and other offers that may be interesting to you.
5.8. The subscription fee may not include any applicable local taxes (e.g. VAT or sales tax), which will be communicated to you, if applicable, on the payment screen before you pay for your subscription. The user agrees to pay all applicable taxes.
5.9. All subscriptions are renewed for the same period as the period of your original subscription (e.g. if you purchase a 1-month subscription, it will be extended by another month at a standard monthly fee basis) unless you cancel your subscription before it expires.
5.10 We might offer promotional prices. A promotional price only applies to the first subscription period unless we specify otherwise in the subscription offer. A standard non-promotional price applies for all subsequent subscription periods.
5.11. If you purchase a subscription via the application, the payment will be taken from your credit/debit card, after you select one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew unless auto-renew is turned off until it is terminated in the manage subscriptions section of your account settings. You won’t be charged more than 24 hours prior to the expiration of the current paid subscription period. Cancelling your subscription means that the auto-renewal is turned off, but you still continue to have access to all your subscription features for the remaining time of your current period.
5.12. To avoid being charged fees, cancel your subscription at least 24 hours before the end of the current period (including, but not limited to, the trial period). If you cancel a subscription, you can still use your subscription for the time you have already paid for. Cancelling your subscription means that the auto-renewal is turned off, but you still continue to have access to all your subscription features for the remaining time of your current period.
6. Retention of Title
In the case of sale to end customers, ownership remains with Capacities Labs until full payment of the purchase price. During the existence of this retention of title, the customer is not permitted to sell or otherwise dispose of the goods without prior written consent by Capacities Labs.
7. Copyright / Usage Rights
Upon conclusion of the contract, the customer is granted the right to use the services and the delivery of goods within the legal regulations. The customer is prohibited from changing copyright notices, identifiers/brand trademarks and/or ownership labels on the products. All text, graphics, designs, logos, button icons, images, data compilations and information (“contents”) in our products and services are the intellectual property of Capacities Labs (or their equivalents) and are protected by copyright laws. All logos and brands displayed in our products and services are registered trademarks or marks of Capacities Labs. No marks may be used without the prior written consent of Capacities Labs except to identify the associated products or services. Our products and all related software, as well as all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and all other intellectual property rights therein or in relation to it (including derived works) are and remain the exclusive property of Capacities Labs or its licensors.
8. Liability for Defects
8.1. If the customer is a consumer, they have the legal claims for defects.
8.2. In the event of material defects in the delivered goods, Capacities Labs is, at its own decision and within a reasonable period, obliged and entitled to rectify the defects or to replace the goods. If the repair or replacement fails, in particular due to impossibility, unreasonableness, refusal or unreasonable delay by Capacities Labs, the customer may rescind the contract or reduce the purchase price accordingly.
9. Limitation of Liability
9.1. The services are regularly created, revised, and updated with due care. As such, Capacities Labs is not liable for the accuracy, economic exploitability, or legal admissibility of the information contained in the products/services.
9.2. Capacities Labs is only liable for damages caused by slight negligence insofar as they are based on the violation of essential contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer regularly relies and should rely. To the extent that we are liable hereafter for simple negligence, Capacities Labs’s liability is limited to the typically foreseeable damage.
9.3. For lightly negligently caused delay damages, Capacities Labs liability is limited to the typically foreseeable damage, but not more than 5% of the total price agreed in the contract. Capacities Labs does not accept liability for simple negligence of its legal representatives, employees, or other vicarious agents.
9.4. The limitations of liability specified in this section do not apply to the liability of Capacities Labs for intentional behavior or gross negligence, for guaranteed characteristics, for injury to life, body, or health, in case of fraudulent concealment of defects, or under the Product Liability Act.
9.5. Capacities Labs is not responsible for interruptions or service disruptions that occasionally occur when using our products, including those due to software, hardware or power failures, or problems at the mobile carrier level. Furthermore, Capacities Labs is not responsible for products and services provided by others, including the user’s mobile phones or wireless data networks. Capacities Labs reserves the right in its sole discretion to add or remove operating systems based on commercial factors it deems relevant, such as usage, introduction, and appeal of the operating system.
10. Data Protection; Data Storage
Capacities Labs adhere to the provisions of the applicable German and EU data protection law and other relevant legislation with data protection regulations.
11. Rights of Capacities Labs
Capacities Labs has the right to temporarily or permanently exclude customers from using the services and/or delete user accounts and/or restrict functions at any time in the event of violations of these usage conditions, laws, and/or other regulations published on the platform.
12. Jurisdiction & Applicable Law
12.1. For all legal relationships between the parties, the law of the Federal Republic of Germany applies, to the exclusion of the laws on the international sale of goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not removed.
12.2. If the customer is located outside the territory of the Federal Republic of Germany, the business location of Capacities Labs will be the exclusive legal venue for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above cases, Capacities Labs is in any case entitled to bring an action at the customer’s location.
13. Alternative Dispute Resolution
The EU Commission offers an Online Dispute Resolution platform on the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer. Capacities Labs is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Date: October 17, 2023