Terms & Conditions (English translation)
Date: January 2022
Welcome to capacities.io (hereinafter: Capacities)! The following Terms of Use govern the use of Capacities by registered users (hereinafter: “Membership”) via the Internet, mobile services, apps, other domains or communication channels. Your membership can be free of charge (hereinafter: “free version”) or paid by explicitly buying a subscription in the application (hereinafter: “paid version”).
Your contact and contractual partner for Capacities is Capacities Labs GmbH, hereinafter also referred to as “we”. You can find more information in the imprint.
1 Login and Registration, User Account
1.1 A membership is established by successfully entering an email address and a password during registration. A claim to membership does not exist.
1.2 When registering, you must provide truthful, current and complete information. Multiple registrations under different member names are prohibited; re-registration when we have cancelled a membership and prohibited registration is also prohibited.
1.3 The membership is personal and only you are allowed to use your access data, not e.g. family members or friends. You must keep the access data to your user account secret. Please inform us immediately if you notice any misuse.
2 Duration and Termination
2.1 The membership runs for an indefinite period. It can be terminated by you at any time with immediate effect. In the case of an ordinary termination by us, the notice period is two weeks.
2.2 The statutory right to terminate for cause remains unaffected. In the event of termination without notice, we shall be entitled to make your account inactive.
2.3 A termination must be made in text form.
3. Use of Capacities
3.1 When using Capacities you agree to comply with all applicable laws. This concerns e.g. the protection of the personal rights of other users or the copyright or existing rights of use of photos or other works in the sense of the UrhG.
3.2 We do not warrant or guarantee any information on Capacities, any content of other users or any specific availability or functionality of Capacities.
3.3 We do not pre-screen user content stored on Capacities. However, we reserve the right to block or delete both users and their content at any time. We would do this in particular if we become aware of a violation of applicable law, or our terms of use. We expressly reserve the right to delete and / or block for other reasons. These reasons are at our discretion. We are not obliged to inform users about these reasons.
3.4 You remain the owner of your content (e.g. text, images, or files stored by you on Capacities), but you grant Capacities the full rights necessary to use it, i.e. you grant us a non-exclusive, transferable, sublicensable, and perpetual license to host, use, distribute, modify, execute, copy, publicly display, translate, and create derivative works from your content. This license is for the sole purpose of making the applicable content available on Capacities.
3.5 Only we retain or acquire the exclusive and unrestricted rights to the structure and functionalities of Capacities, as well as their designations and the databases of Capacities, in the event of further development.
4 Modification to the Terms of Use
Capacities may modify these Terms of Use with effect for future use upon notice to you. The change is considered approved if you have not deleted your account within one month after notification of the change.
5. Data Protection
Capacities is subject to German and European data protection law. Information on the collection, processing and use of personal data can be found in our privacy policy on our website at https://capacities.io/privacy-policy.
6. Payments and Orders
6.1 Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
6.2 Paddle.com’s terms and conditions apply in the ordering process.
7 Limitations of Liability, Exclusion of Withdrawal in the Event of Certain Breaches of Duty
7.1 Capacities shall in any case be liable without limitation under the Product Liability Act, for damage caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, as well as for damage resulting from injury to life, limb or health. Liability for damages arising from the breach of a warranty shall also be unlimited.
7.2 For the free version any further liability claims are excluded.
7.3 For the paid version, Capacities shall be liable for breach of material contractual obligations (so-called cardinal obligations) based only on simple negligence, limited to compensation for the foreseeable damage typical for the contract. Liability for loss of data is limited to the typical cost of restoration. This shall be measured according to the damage that would have occurred if reasonable backup measures had been taken (e.g. making backup copies).
7.3 Except in the cases mentioned in paragraphs 1, 2 and 3, Capacities shall not be liable for damage caused by ordinary negligence.
7.4 Insofar as Capacities’ liability is excluded or limited pursuant to the above paragraphs, this shall also apply to the liability of its vicarious agents.
8. Right of Revocation
8.1 You have the right to cancel a paid membership within fourteen days without giving any reason.
8.2 The revocation period is fourteen days from the day on which you subscribed.
8.3 In order to exercise your right of withdrawal, you must notify us, Capacities Labs GmbH, St. Martinsweg 3, 66606 St. Wendel, +49 (0)157 56012726, team@capacities.io, by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw your subscription. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
8.4 To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
8.5 If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
8.6 The subscription ends with the repayment.
9. Closing Provisions
9.1 Should individual provisions of these Terms of Use become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision must then be replaced by a feasible provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event that the Terms of Use contain regulatory gaps.
9.2 German law shall apply.
9.3 The place of jurisdiction is SaarbrĂĽcken.
9.4 The European Commission provides a platform for online dispute resolution as of 15.02.2016 here. The email address of Capacities is team@capacities.io. Capacities is not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.