These General Terms and Conditions shall govern the use Observer Network´s services, and its Appstats service in particular, as defined below.
Observer Network UG (haftungsbeschränkt)
Court of Jurisdiction: Berlin (Charlottenburg)
Registration number: HRB 126928 B
Managing directors: Sebastian Sujka, Thorsten Bleich, Gary Merrett
Phone: 030 616 519 1811
Fax: 030 616 519 1815
Observer Network UG (haftungsbeschränkt) is a limited liability company incorporated in Berlin, Germany.
These regulations govern the use of the websites operated by Observer Network UG (haftungsbeschränkt) ("Sites") as well as sub-pages as far as not otherwise agreed by a separate contract or otherwise required by law. The visitor agrees to these provisions by using them, which also applies in the event that a special contract for this purpose does not materialize or its legal effect is eliminated at a later point.The rules also apply mutatis mutandis to rescission obligations after cancellation or revocation by a party. The provisions apply to regular visitors of the websites ("Users") as well as for those visitors who set up an account by entering personal data on one of the sites ("Members"), collectively hereinafter referred to as "customers"
They apply to any use of the sites, whether an account is used or not, whether motivated by commercial or private interests and regardless of the duration of the visit. They also apply if the customer by means of autonomously acting software or otherwise automated gains access to the websites.
Observer Network may in the future amend these Terms and product descriptions on which the individual contracts are based, especially when it is necessary to adapt to changes to legal or technical conditions or to respond to a changing market environment, unless the change is unreasonably harsh on the customer.
Observer Network will notify members (for example, by mail or upon login) of main changes and the consequences of failing to object to them. Without objection, the amendment will become binding for the member. Unless otherwise agreed, each member can delete her account at any time and Observer Network may at any time fully or partly, permanently or temporarily shut down or change any of its its websites. In particular, Observer Network may begin to charge for previously free services or introduce other requirements for their use. Upon sign-up for a paid service, the member is required to enter correct contact information and bank or credit card details.
The provisions of this clause hold in addition to the information provided in the product descriptions for paid services on the website.
The prices given on Observer Network´s websites do not include costs incurred by connecting to the internet or any other costs of third-party services. Insofar as it is necessary for the performance of services by Observer Network to transfer files to the user's computers, Observer Network´s only obligation is to transmit the files in a customary way. The user is responsible for ensuring the availability of software necessary to process those files. This also applies to files or data that the customer will be presented for viewing only.
Observer Network may choose its billing method, in particular the breakdown of partial services, in its sole discretion. The legal requirements and the recognizable legitimate interests of the customers are to be taken into account.
The language of contract is English. Users acquire access to the services ofObserver Network via the sign-up form on the website by providing the following information:
Customers enter into a binding contract by clicking onto the purchase button (e.g. „buy now“, „confirm subscription“ for paid services) or registration button (e.g. "register" for free services) respectively.
Upon placing an order, Observer Network sends an email confirming the receipt of the order which lists the order details. This email also confirms that Observer Network accepts the purchase and the contract is concluded. With this email users also receive relevant customer information which the user should print for record keeping purposes.
Observer Network´s places no restrictions on the geographical location of its users. The use of individual products, however, may be subject to regional restrictions in which case this is clearly stated in the product description. Commercial purchasers from EU countries must request a VAT-adjusted invoice within 30 days after conclusion of the contract. Otherwise, this claim is forfeited.
End consumers (B2C customers) may declare the revocation of their contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 2 weeks. The revocation does not have to contain any specific reasons for the revocation. We will forward this revocation instruction to you again in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
The revocation is to be addressed to:
Observer Network UG (haftungsbeschränkt)
The right of revocation does not apply to contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, or for the delivery of newspapers, periodicals and magazines.
In case of a valid revocation, all mutually received payments or goods as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If the customer is unable or partially unable to restitute the merchandise to Observer Network or can only restitute it in a deteriorated condition, then the customer has to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Goods that can be shipped by parcel are to be returned at the risk of Observer Network. Goods that cannot be shipped by parcel will be picked up. Customers are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty Euros or if, where the price is higher, the customer has at the date of the revocation not yet rendered consideration or made a partial payment. In all other cases, the return shipment is free of charge to the customer. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.The period begins with the end user sending the cancellation notice, and for Observer Network with the receipt.
The legal rules governing end consumers rights of cancellation do not apply for commercial users.
The customer is aware that Observer Network´s AppStats service contains aggregated data which does not always serve as a reliable basis for decisions and may also represent faulty information or information that can be interpreted in different ways. Observer Network is not liable for damages resulting from the use of its websites and services.
The customer agrees to keep passwords secret and to inform Observer Network without delay as he or she becomes aware that third parties have gained access to the password.
Observer Network shall use commercially reasonable efforts to provide its services to users at the regular intervals as set forth in the product description. However, there will be occasions when the services will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond Observer Network's control. Observer Network shall take reasonable steps to minimize such disruption, to the extent it is within Observer Network's reasonable control. Under no circumstances shall Observer Network be liable for any interruptions, outages, or other system failures that are beyond Observer Network's control.
Observer Network may obtain data and information for its services from third parties. Such sources may become temporarily or permanently unavailable. If such unavailability materially affects Observer Network's ability to provide its services in whole or in part for more than seven consecutive business days, members shall be entitled to terminate this agreement upon written notice to Observer Network and receive a pro rata refund.
Observer Network paid services are offered for different subscription periods as outlined in the product descriptions. If the termination of a subscription is not cancelled before in due time it will automatically be extended by the period. The notice period is fourteen days before the subscription ends. The price indicated on the order page includes VAT. Observer Network may charge a 10 Euros reminder fee for any delays in payment unless the customer can prove that the actual cost to Observer Network through the delay in payment was less.
Subject to the terms and conditions of this Agreement, Observer Network hereby grants to members a limited, nonexclusive, non-transferable, revocable right to a one (1) user seat license to use the service solely for its internal business purposes whereby only one person may access a service at the same time using the same user name and password. Members shall not (i) provide access to the service to unauthorized third parties, (ii) sell, publicly publish, copy (except for internal use), duplicate or reproduce the services except as otherwise expressly permitted by Observer Network, (iii) sublicense, distribute or transfer the services or underlying data except as otherwise expressly permitted herein (iv) rearrange or modify the services or any content of the services, and or (v) use the services for any unlawful purpose. The foregoing does not apply to any sharing functionality we provide through the service that expressly allows you to share content or links with others.
The user may within 3 months of receiving the invoice dispute its validity in the form of a letter or fax. In the event of a change in the statutory sales tax rate, Observer Network is entitled to adapt its VAT rate and, consequently, its prices accordingly. In this case the customer does not have a special termination right.
If any provision of this contract, in whole or in part, proves to be invalid or unenforceable or becomes invalid or unenforcable due to changes in legislation after the contract agreement, the remaining provisions and the validity of the whole thereof shall remain unaffected. In place of the invalid or unenforceable provision will enter the valid and enforceable provision that most closely approximates the meaning and purpose of the invalid provision as closely as possible.
Should this contract prove to be incomplete, such provisions shall govern this contract that meet the intent and purpose of the contract and would have been agreed upon had they been considered.