General Terms and Conditions
1. Subject matter and scope of these General Terms and Conditions
1.1. These General Terms and Conditions (“Allgemeine Geschäftsbedingungen”, hereinafter AGB) govern the rights and obligations between us (Followistic UG (haftungsbeschränkt)) as provider of the service and you as user (author or reader) in connection with the use of the service “Authory”.
1.2. Our AGB shall apply exclusively. If any of your Terms and Conditions are deviating or are contrary to our Terms and Conditions, we do not recognize them, unless we have expressively agreed in writing or in text form that these conditions apply.
2. Conclusion of Contract
2.1 A contract is concluded - unless otherwise expressively and individually agreed - only after successful completion of the registration process by our confirmation in writing (e.g. via e-mail).
2.2 You have the option to print the AGB during the registration process and before concluding the contract, Simply use the print option of your browser.
2.3 A right to conclude a user contract is not given. We shall be free to refuse any offer of a user for the conclusion of a contract without statin any reasons.
2.4 Prerequisite for the registration is a minimum age of 18 years.
3. Responsibility for Access Data
3.1 The access data specified by you during the course of the registration process (name, e-mail address etc.) must be kept secret and must not be made accessible to unauthorized Third Parties.
3.2 You must also ensure that our websites are exclusively accessed and used with the user access data by you and/or authorized users. If there are facts justifying the assumption that unauthorized Third Parties have gained or will gain knowledge of your access data, we must be informed immediately.
3.3 In accordance with statutory regulations, you shall be held liable for any use and/or other activity that is carried out using your access data.
3.4 It remains your responsibility to ensure that the user name chosen by you does not infringe the rights of Third Parties, especially no name or trademark rights.
4. Information on the customer’s right of withdrawal
4.1 Instructions on withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of contract.
To exercise your right of withdrawal, you must inform us (Followistic UG (haftungsbeschränkt), Bernstorffstr. 120, 22767 Hamburg, E-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressively agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form if you wish to withdraw from the contract)
To Followistic UG (haftungsbeschränkt), Bernstorffstr. 120, 22767 Hamburg, Germany, E-Mail: email@example.com
I/we give hereby notice (*) that I/we (*) withdraw from my/our (*) contract of sale of the following services(*)/for the provision of the following services (*)
ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(*)
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
5. Our Services
5.1 With Authory we offer you the possibility to save texts you have authored for your own purposes. This is your private Authory profile page. This allows you to easily access all your written articles from a password-protected location, regardless of where they were published. You can also search and filter your article archive through your private Authory profile page.
5.2 In addition, Authory gives you the opportunity to automatically inform interested readers about your new articles by e-mail (e-mail notification). In order to use this service, Readers can log in with their e-mail address to your publicly accessible Authory profile page to use this service. Your public profile page shows the title and the first 250 characters of the article text of all articles you have saved as part of your private profile page (see 5.1) as well as the links to the original source of the respective articles, unless you have placed the article on “invisible”. The e-mail notifications that are sent to your readers contain the title, the first 250 characters of the article text and the link to the original source of the respective article.
5.3 We reserve the right to enhance and improve the services at any time. The entitlement to further functionalities other than those laid down in section 5.1 and 5.2 does not exist.
6. Your general obligations
6.1 You are obliged to provide accurate and truthful statements in connection with the use of Authory.
6.2 You are obliged to comply with applicable laws when using our services.
7. Availability of services
7.1 For our services that are subject to a charge, we guarantee, within our area of responsibility, an annual average of 99% availability. The regular maintenance windows, with an amount of up to 2 hours each week, which are normally carried out between midnight and 6 a.m. CET, are not included in the calculation of availability.
7.2 As far as our service is provided free of charge, we ask for your understanding, that we are trying to provide the service without any interruptions. But we shall not guarantee any specific availability in this context.
8. Responsibility for content
You are responsible for the content, that you make available via Authory. We have no influence on the content you publish and thus, in principle, do not monitor the content. We do however reserve the right to conduct regular checks and, if necessary, to block access accordingly in the event of complaints or if we otherwise obtain information about the unlawful use of our services, provided that the use violates applicable law or these AGB.
9. Forbidden Activities
9.1 Any activities that violate applicable law, infringe the rights of Third Parties or violate the principles for the protection of children and young persons are prohibited when using our services. In particular, the following actions are prohibited:
- provision, distribution, public display and advertising of content, services or products that are pornographic in nature, violate law for the protection of children and young persons, data protection laws and/or any other applicable laws and/or which are of fraudulent nature:
- utilization of content that is offensive or slanderous to Third Parties;
- utilization, provision and distribution of content, services and/or products that are protected by law or by the right of Third Parties (e.g. copyright) without having the explicit permission to do so.
9.2 Furthermore, the following activities are also prohibited when using our websites, regardless of a possible violation of laws:
- distribution of viruses, trojans and other harmful files;
- transmission of junk emails or spam emails and chain mails;
- distribution of offensive, objectionable, sexually explicit, obscene or defamatory content or communication as well as of content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or illegal activities (either implicit or explicit);
9.3 Any activity that may impair the smooth operation of our websites is also prohibited, in particular to stress our servers unduly.
10. Blocking of User Access
We shall have the right to block access to our services temporarily or permanently if there are concrete indications that you are violating or have violated these Terms and Conditions and/or applicable law or if we have a legitimate interest in blocking of access. When deciding whether to block access we will take into account your legitimate interests.
11. Indemnity Against Liability
11.1 You shall hold us as service provider harmless from any liability vis-a-vis Third Parties that derive from your violation of legal regulations, against the rights of Third Parties (in particular against privacy rights, copyrights or trademark rights) or against contractual obligations, warranties or promises, including the costs incurred for necessary legal defence (lawyer and court costs) in statutory amount.
11.2 You are obliged, in case of asserting a claim within the meaning of section 11.1. to immediately and fully participate in establishing the facts of the matter and to provide us with the necessary information in an appropriate manner.
12. Prices & Payment
We offer a range of free-of-charge and paid versions of our services. The agreed prices are specified in our current valid pricing and payment information.
13. Contract Period & Termination
13.1 The contract shall be valid for an indefinite period of time.
13.2 You have the right, to cancel the contract without giving any reason and without observing a notice period. The notice of contract termination can be made in writing or via e-mail. Any claims still existing on our part against you (e.g. payment of remuneration) shall remain unaffected. The contractual relationship shall terminate at the end of the respective billed accounting period after the termination of contract.
13.3 We have the right to terminate the contract with a one-months’ notice period to the end of the month.
13.4 Each parties’ right to extraordinary termination shall remain unaffected.
13.5 After the end of the user relationship, we will initially deactivate your account. This way, you still have the possibility to reactivate the account with contents already archived there at any time. You can request the complete deletion of the account at any time. For this, a message to us (e.g. via email) is sufficient. Upon expiry of 24 months after the termination of the contract, all data of the account will be deleted. We will also e-mail you information about the possibilities of reactivating the account even after the end of the contract and will continue to send you newsletters, unless you have previously unsubscribed them. Of course, you can also unsubscribe from our e-mails at any time (cf. section 15).
14. LIMITATION OF LIABILITY
14.1 We are liable without limitation for any damages caused intentionally or by gross negligence by us in connection with the performance of contractual services.
14.2 In case of slight negligence, we are fully liable for of injuries to life, body or health.
14.3 Otherwise we are only liable in connection with the conduct of our paid services if we violate essential contractual obligations. Essential contractual obligations refer in an abstract way to such obligations that are essential for fulfilling the proper performance of the contract as such and their observance on which the user may regularly rely on.
14.4 Where our liability is excluded or limited by said provisions, this also applies to our agents.
14.5 The liability under the Product Liability Act shall remain unaffected.
15. E-mail notifications /e-mails
15.1 In order to use our services we must be able to send you e-mails. These provide, for example, information about newly published articles or status e-mails that tell you whether and how certain features have been used.
15.2 Please ensure that the e-mail address you provide is correct and valid.
15.3 We inform you as a customer (“User”) about new features of our service via our newsletter. You can unsubscribe the newsletter at any time. You can object to the use of your email-address for the purpose of sending newsletter e-mails , without incurring any costs other than the transmission costs in accordance with the basic tariffs". This can be done by sending a simple notification to us or by using the unsubscribe option in the e-mails themselves. Every newsletter e-mail includes information on how to unsubscribe.
16. Data Protection
16.1 We shall ensure that personal data of users are only collected, stored or processed as far as this is necessary for contractual performance and permitted by law or prescribed by the legislature. We shall treat personal data confidentially and according to the provisions of applicable data privacy laws, and shall not disclose data to Third Parties, insofar as this is not necessary for fulfilling contractual obligations and/or there is a legal obligation to transfer the data to Third Parties.
16.2 In the event that within the framework of the use of our websites data protection declarations of consent have to be obtained from the user, it shall be pointed out that the user can revoke these at any time with effect for the future.
16.3 Further information on data protection and on the purpose, type and extent of the collection, processing and use of personal data are given in the data protection declaration, which can be called up at any time under the link “Data Privacy”.
17. Amending these Terms and Conditions
17.1 We reserve the right to change these AGB at any time, with such changes becoming effective also during the existing contractual relationship.
17.2 We shall inform you about such changes in text form (e.g. e-mail) at least 6 weeks before they become effective.
17.3 If you do not object within 6 weeks after receipt of notification to the changes and continue to use our services after expiration of the deadline, these changes are deemed to be effectively agreed upon. We will inform you in the notification of change of your right to object and the consequences of such an objection.
17.4 In the case of objection, we have the right to terminate the contract with you at the time when the changes are to come into effect.
18. Final Provisions
18.1 The law of the Federal Republic of Germany shall apply with the exclusion of the validity of the UN convention on Contracts for the International Sale of Goods.
18.2 If you are a merchant, legal entity under public law or special property under public law, the exclusive jurisdiction for all conflicts deriving from this contract shall be our registered office.
18.3 If individual portions of these Terms and Conditions shall be or will be invalid, this fact shall not affect the validity of the Terms and Conditions in its entirety.
As of: May 5, 2017