Terms
The following content is translated into English for international standards.
Please note that the original documents are valid in German, you will find them linked.
Nutzungsbedingungen (DE)
Welcome to our terms of service, thanks you for choosing our services. In the following section, you can find legal rules that apply to all visitors to our
websites as well as all users of our services and products. Such provisions are important to the use of our products and services for you and to make us even better.
In the following text, we increased the words "we", "us", "mdct Group", used
all of these relate to the Götz & Oberhauser IT GbR.
1 Introduction
1.1 purpose
Our services offer our users the ability to easily create an attractive and highly functional cloud solutions, and receive services, to create online presences to Managing you company, content and ideas and to apply - some of them are not tech-savvy.
We offer our users a variety of tools and functions to use modern and advanced cloud applications and services, e-commerce platforms, WebApps, Analytics, monitoring, accounting solutions and other online and mobile applications, tools and services. On the user generated applications and platforms "(s) user platform" is hereinafter referred to collectively as.
1.2 Legally binding contract
These Terms of Götz & Oberhauser IT GbR ("Terms") through our at the address https://www.mdct-group.com/legal/privacy/retrievable privacy policy ("Privacy Policy") and the relevant provisions of the additional on / site (s) of the mdct Group added services and functions offered and ("User" or "you") apply to all visitors and users of the website mdct Group respectively, the mobile application of mdct Group. The other services offered, applications and features that we offer in connection with it, unless we otherwise expressly set (all services on the mdct Group web page or in the cloud management suite (central platform for order management and administration of our services) are offered - a collective term: the "service of mdct Group or" services ").
The terms of the mdct Group are a legal and enforceable contract between Götz & Oberhauser IT GbR, its affiliates and subsidiaries worldwide ("mdct Group", "us" or "we") and you with respect to the use of any of our services is - please read the conditions carefully. You may use the services of mdct Group only then avail if you agree to the terms of the Götz & Oberhauser IT GbR completely - from the use of or registration for the services of mdct Group declare your agreement to these terms and all other the applicable conditions of the mdct Group relating to your use of the services of the Götz & Oberhauser IT GbR.
If you do not read the terms of Götz & Oberhauser IT GbR, fully understand and agree to these, you have to leave the site of mdct Group immediately and stop the further use of the services of mdct Group.
1.3 Account
For access to certain areas and functions of the services of mdct Group You must first register and create an account with us ("Account").
If someone other than you is accessing your account or the settings of your platform, that person can perform all the actions that are available to you (unless expressly stated otherwise to the services of mdct Group), your platform (s) and Customize your user account and conclude legally binding agreements - all of this is done on your behalf and at your own risk.
Therefore, we strongly encourage you to keep your credentials for your account secret and only allow people to access that you trust - because you are solely responsible for all activities and for any possible damages, costs or losses (including legal agreements), the from the use of your account or your platform (s) result, regardless of whether you have given express permission to do so.
When registering your account and use the services of the Group mdct you need to make correct and complete information on which you are the sole and exclusive owners. We strongly encourage you to make your own contact and billing information (or your company), including your valid e-mail address, specify that we use this data occasionally to confirm the owner of the account or the User Content submitted to us.
We reserve the right to determine the owner of a user account in good faith, regardless of whether an independent investigation was carried out by us. If such a determination is not possible (the decision is also in our sole discretion), we reserve the right to refrain from an investigation. A liability to you or any other party is excluded in this case. The following are some of the principles that we take into account when determining the owner of a user account.
Please read these principles carefully and take them into account in your actions to ensure that "your" account and platform actually continue to "belong to you":
1. As the owner of a user account, a user platform or User Content that were created with the relevant services of the mdct Group or uploaded to this, we consider the natural or legal person who has access to the e-mail mailbox to each time is listed at mdct Group for the respective user account with the respective user platform or the user content created.
2. In the case of the use of payment services via the user account, the mdct Group, as the holder of this user account or the user platform or content, considers the natural or legal person whose billing data was used for the purchase of these payment services ("Billing Data"). notwithstanding the aforementioned provisions and connected in the event that a user platform with an external domain name (imported or purchased as part of a particular payment service), and the registry of this domain public www.whois.net on the WHOIS database on the website or available in our database, we consider the natural or legal person under whose name the domain was registered as registrars of the respective user platform. If both a person and an organization are registered as the registrant or organization of the domain, we consider the organization as the actual owner of the domain and thus as the owner of the user platform associated with that domain. In the event that the billing information identifies one person as the owner of the user platform and the domain registration indicates another owner, the mdct Group will consider the person registered as the owner of the domain associated with the user account the owner of the user platform.
3. Notwithstanding the above, the Götz & Oberhauser IT GbR the right to ownership of User Content and / or a user platform, at its discretion, also regardless of the above information to determine if the mdct Group which emanates in its sole discretion that the situation is corresponding provision based on the deemed from the Götz & Oberhauser IT GbR facts justify.
4. For maintaining the confidentiality of your password and other account information you are solely responsible. Continue to bear the sole responsibility for all activities under this you have created account. The Götz & Oberhauser IT GbR is not liable for any loss or damage that may arise if someone strange your account data.
2. Your Obligations
2.1. You agree that:
1. You are at least eighteen (18) years of age or have reached the age of majority according to the applicable laws in your residence, and that you are legally entitled to on your behalf or on behalf of the natural or legal person who carries your statement is bound by the terms of mdct Group to conclude a binding agreement on the terms of mdct Group.
2. They are (or will be using the services of mdct Group in such a country), against which an embargo of the Federal Republic of Germany or the European Union to use the services of mdct Group has imposed no inhabitants of a country.
3. The country of residence or the seat of your company match the country that you have indicated to us in the contact or billing address.
4. You know that Götz & Oberhauser IT GbR does not provide any legal advice or recommendations regarding the legal provisions applicable to your use or the use of your end users.
- - Regarding your User Content, you also state that:
5. you own all rights to all content that you upload to your user platform ("User Content"), including designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, art, user interfaces, texts, literary works and all other materials ("content"), or that you have all necessary licenses, permits and approvals for legal use, publication, transmission and licensing of user content (and will have in the future).
6. The user content now and in the future is true, current and accurate and no rights of third parties infringe or otherwise, against legal provisions of the country in which you or visitors to your user platform ("end users") are established with respect to the ownership the publication of the transfer and use of breach by you or your end users as part of the use of the services of the Götz & Oberhauser IT GbR.
7. You are all approvals and consents as regards the publication and transfer of any personal data or images or likenesses of natural or legal persons, as well as buildings and land that are part of the User Content, seek, and comply with all legal requirements involved.
8. You are responsible for all fees and taxes related to these activities in the operation of e-commerce platforms, you are solely responsible for the support and service of Sold / Offered goods or services.
9. The liability of all content published by you and / or published, is by applications or services of mdct Group, solely and alone with you.
2.2. You agree that:
1. You must comply with legal and contractual provisions regarding your use of the services of the mdct Group (and all related interactions and transactions), including, but not limited to, the terms and conditions that apply to you and your end users in each region.
2. That alone take responsibility for the use of their services mdct Group with your user account or your user platform, and for all of your User Content (including any consequences from the use and publication of the User Content in connection with the services of mdct Group).
3. The fact that all of your User Content and any data processed in connection with your user platform - up regularly - including data of your end users, users of all products and applications or third-party services that you use.
4. That you agree occasional promotional messages and materials of mdct Group and our partners by mail, email or other means (depending on the services provided by your contact information, and includes, for example, your phone number) to obtain. If you do not wish to receive such promotional materials, please contact us.
5. The mdct Group is permanently, worldwide and free of charge, the right to use and, if necessary, adapt all versions of your user platform (or parts thereof) for all marketing and promotional activities of the mdct Group, whether online or offline. You hereby waive any claims, copyrights, or other rights you have in respect of such limited, permitted use on your User Platform, with respect to the mdct Group or the third party commissioned by the mdct Group.
6. Recognize that the means is the manner and the method of providing the services of mdct Group, including hosting, data transmission, publication or display of user platforms and User Content solely at the discretion of the mdct Group (including the associated display advertisements or other commercial content).
2.3. You agree to refrain from the following:
1. The mdct Group website, the services of Götz & Oberhauser IT GbR (or parts thereof), all contents of the services of the mdct Group or of third parties for use and display on user platforms ("Licensed Content") or parts thereof, without the prior written consent of the mdct Group or the express permission under the terms of the mdct Group in any form to copy, edit, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, to translate, compile or decompile, publicly present, broadcast or distribute.
2. To transfer or display user content or to use licensed content in a context that could be slanderous, defamatory, obscene, harassing, threatening, abusive, racist, deceptive or fraudulent or that could promote crime, or in any other way violate the rights of Götz & Oberhauser IT GbR or third parties violates (including intellectual property rights, data protection rights, contract and trust rights), or a natural or legal person or trademark without their express prior approval is negative.
3. Publish the service of Götz & Oberhauser IT GbR or the licensed content on a website, in a media network or system or to use that does not originate from the mdct Group, or the services of mdct Group or the licensed content or the user platform (or parts thereof) across frames, "deep links", "web scraping", mirroring or engage in any other way without prior written permission from us in such. With the exception are contents that have already been distributed in the official accounts / pages of mdct Group or published (Facebook, Twitter, YouTube, Instagram, etc.).
4. The services of the mdct Group (or their data) partially or completely using "Robot" - or "spider" programs or other automatic programs, scripts, algorithms and methods or similar manual processes to retrieve, copy or record, or to reproduce the navigational structure or presentation of the services of mdct Group and not specifically offered by the services of the Götz & Oberhauser IT GbR agents or to get around to retrieve materials, documents, services, or information or to try.
5. To act in a way which can be regarded as damaging to the reputation and standing of Götz & Oberhauser IT GbR.
6. Search engine keywords to acquire other pay-per-click keywords (such as Google AdWords), or domain names that contain the mdct Group brands from the Götz & Oberhauser IT GbR or variations or misspellings of mdct Group.
7. To impersonate any other person or entity, or to misrepresent or otherwise mislead you in the use of the mdct Group's services and / or on your User Platform, or to otherwise manipulate your identity, or the origin of any message or transmission to disguise ourselves or the end user.
8. False information about your connection to a person or entity, or falsely express or implied express that the mdct Group or a third party you, your user platform, your company, your products or your user statements.
9. Without explicit consent to trace another user of the services of mdct Group or attempt, or violating the privacy rights and other rights of another user or collect personal information about visitors and users of the services of mdct Group or the user platform.
10. To deactivate the measures of services from us, the user platform, the accounts of other users or other systems or networks to restrict access by hacking, password mining or any other improper or illegal means to circumvent or overturn in any other way.
11 Check and scan mdct group services or related networks for vulnerabilities or vulnerabilities
12. Viruses, Trojans, spyware, malware or other computer code, files or programs that might affect the operation of the hardware, software or telecommunications equipment to upload to the services of mdct Group or the user platform, or the services of mdct Group or user website to be used for development, dissemination or other transfer of such actual or potential malicious or disruptive codes.
13. Ensuring that the infrastructure of the services of the Götz & Oberhauser IT GbR, which is exposed to unacceptable and disproportionate load systems mdct Group or associated with the services of mdct Group networks, or the operation of services of mdct Group, the server or the network is disturbed in any other way or interrupted, or contrary to the requirements, procedures, policies and regulations of these servers or networks.
14 Use the mdct Group's services or user platform in connection with any form of spam, unsolicited email, scams, phishing, chain letters, "snowball" or similar forms of improper marketing and advertising.
15. To sell, license or exploit for any commercial purpose the use or access to the licensed content or services of the mdct Group without the express permission of the conditions of the mdct Group.
16 Copyright notices, watermarks or other evidence of ownership or the licensor of the services of mdct Group or the licensed content, including copyright symbol [©] Creative Commons Notice [(cc)], as well as goods and trademark [® or ™]; or,
17. breach of the terms of mdct Group or statutory provisions or requirements relating to your use of the services of the Götz & Oberhauser IT GbR.
You agree that a violation of these terms or false information can lead your part with or without further notice to immediately terminate your account or the service we provide, without refund of fees paid for the use of these services.
3. Content and property rights
3.1. Their intellectual property
They own all intellectual property rights in your User Content, including all design, code, images, videos, audio files, fonts, logos, graphics, compositions, art, user interfaces, texts, literary works and other materials that you create. The mdct Group does not claim ownership of your content. Solely for the purpose of providing our services, you are aware of and agree that we need to upload your content to our platform, including cloud services and CDNs to make adjustments to the illustration to create duplicates for fuses and all other necessary make technical measures.
3.2. Intellectual property of mdct Group
All rights to the services of the mdct Group including all copyrightable subject matter and content that may be protected by intellectual property rights under applicable law (including all registered or unregistered graphics, images, website templates and widgets, literary works, source and object code, computer code (incl. HTML, CSS and JS), applications, audio, music, video and other media, designs, animations, user interfaces, the appearance of serving the mdct Group, methods, products, algorithms, data, interactive features and objects , advertising and acquisition-Tools and methods, inventions, trade secrets, logos, domains, individual URLs, trademarks, trademarks, trade names and other company names (collective term: "Intellectual Property") and all derivative works thereof), are owned by Götz & Oberhauser IT GbR.
Subject to your compliance with all conditions of the mdct Group and the timely payment of all applicable fees grants you the mdct Group with the creation of your user account and as long as the Götz & Oberhauser IT GbR wants to offer you the services of mdct Group a non-exclusive, non-transferable, not sublicensable, fully revocable, limited right to use the services of mdct Group and licensed content for the purpose of creating and publishing your user platform for your end users and for offering your users products and services within the services of mdct Group and exclusively within the framework of in accordance with the Terms of mdct Group permitted use.
The terms of the mdct Group transferred apart from the previously mentioned expressly limited license in any way intellectual property rights of the Götz & Oberhauser IT GbR (or parts thereof). The terms of the mdct Group in no way an assignment of or a waiver of the intellectual property rights of mdct Group.
3.3. Feedback and suggestions
If you leave us suggestions, comments or other feedback to the services of mdct Group (whether consisting proposed or contemplated) to come, the subject of intellectual property rights or could subject ("Feedback"), the rights to these responses go exclusively to the Götz & Oberhauser IT GbR. If you send the mdct Group such feedback, you agree that this feedback is accurate and complete and do not infringe the rights of third parties, transfer so that mdct Group all rights to this feedback, you give so expressly and irrevocably world on all claims past, present or future rights to this feedback.
4. Data Protection
For the provision of certain parts of the service of mdct Group (including certain third party services that are included in it) we must transmit, collect and use certain personal information. We recommend that you regularly read our privacy policy and the applicable statements of third-party services, so you are always informed about the data collection and use.
Here you can find our Privacy Policy https://www.mdct-group.com/legal/privacy/.
5. Fees for our services
5.1. Pay services
For certain services, the Group mdct fees must be paid in a fixed solely on the Götz & Oberhauser IT GbR height ("payment services" or "fee (s)"). The mdct Group will inform you about the applicable fees for such payment services in advance. If you want to use such payment services, you must pay all fees in advance.
The mdct Group reserves the right to adjust the charges at any time at its discretion. If such an adjustment affect your existing subscription, we will inform you in advance. If you have received a discount or other promotion offer, Götz & Oberhauser IT GbR has to renew your subscription immediately without notice with respect to these services mdct Group to fully charge the right.
All fees are in US-Dollar, unless expressly and in writing of mdct Group stated. Extent permitted by law (and unless otherwise indicated in writing by the mdct Group), all fees excluding taxes understanding (that implies VAT, sales tax, goods and services tax, etc.) and taxes to tax authorities ("Taxes"). You are responsible for paying all costs incurred in connection with your use of the services of mdct Group, your payments or purchases taxes. If the mdct Group is obligated to collect taxes for those of you fees to be paid or to be paid, and regardless of whether such taxes were added or moved in with previous payments, these taxes on all outstanding fees can be added and stated in the invoice for the transaction. We recommend that seizures of any additional fees that are provided by third parties in connection with the purchase of paid services or in connection with the renewal bill (such as fees for foreign money transfers and fees for currency conversion or fees by banks or credit card companies) to check. The mdct Group assumes no responsibility for any such additional fees or costs.
As part of your registration or transmission of information for the provision of payment services, you authorize mdct Group (directly or through affiliates, affiliates or other third parties) to collect payments (or other charges, reimbursements and other billing) through our payment provider or yours specified bank account; In addition, you authorize the mdct Group and its affiliates to make any inquiries necessary to confirm your specified payment account or financial information, including for the purposes of retrieving the latest payment details from your payment, credit card or bank account provider (e.g. updated expiration date or updated credit card number as sent to us by your credit card provider) so that we can ensure immediate payment.
5.2. Bills
Götz & Oberhauser IT GbR and the affiliated companies issue an invoice or a credit note for each fee payment or refund to or from Götz & Oberhauser IT GbR ("Invoice"). Each invoice will be issued electronically and based on the country indicated in your billing address. Invoices will be sent to you via your user account or via e-mail. For billing purposes, you may need to provide certain personal information (as defined in the privacy policy) to comply with local law. Please note that the invoice in your user account may not comply with your local laws and in this case may only be used as a pro forma invoice.
5.3. Subscription renewals
To avoid causing a disruption of services due to the expiry of a specific subscription period, the services of the mdct Group use an automatic extension with recurring fees (unless expressly agreed in writing by the mdct Group otherwise). Accordingly, the mdct Group optionally tries to automatically extend the particular services for a period corresponding to the original subscription period for the respective services. This is accompanied by automatic billing of fees charged on the deposited with the mdct Group for you payment method.
Example: If the original subscription term of service a year, any further extension of maturity also is (if any) one year. The mdct Group will therefore extend the services automatically and calculate the applicable fees as long as you have not cancelled the respective services. To prevent disruption of services due debit problems in collecting the fees before the expiry of the current subscription period, we reserve the right (this does not represent a commitment), the fees for the coming extension of term of up to two (2) weeks before the start of collect renewal term. Should there be procedures for collecting fees from you about issues
Notwithstanding any previous provisions’ solely responsible for reviewing and ensuring the successful extension of the services of the Group mdct used by you (regardless of whether these services the mdct Group mdct be automatically renewed or not). Accordingly, you are solely responsible for any interruption of purchased services mdct Group because of a termination or non-payment of applicable recurring or one-time fees. You agree that you regard the interruption of the service of mdct Group or third party services, for whatever reason, are not entitled to claims against the mdct Group.
5.4. Chargebacks
Should we refusal, chargeback or other repelling any fees due notice ("chargeback"), this is interpreted as an infringement under this Agreement and your right to use the services of mdct Group can be automatically disabled or terminated.
In case of a refund to your account can be blocked with no possibility of re-use. All data of this user account, including all domains, applications and third-party services may be terminated and locked.
You can use the services of mdct Group again only use it if again the respective service of mdct Group Subscribe and all fees, including the fees and expenses (Götz & Oberhauser IT GbR and the third party services through the chargebacks) accrued (including fees for the services of mdct Group, who took you to complete before the chargeback and fully pay the fees for processing the revenue collection and the charges for the payment service).
If you have questions about a payment, you should first contact our customer service before you apply for a refund, because your services otherwise terminated and your account may be blocked. Should an unjustified or erroneous refund to run, you are also required to pay the applicable fees and to pay the fees for the purchased by you (and reversed) services mdct Group.
We reserve the right to take action against chargebacks, as we demonstrate to the relevant credit card company or financial institution that the user who has requested the refund, the transaction actually approved and acquired services actually used.
6. Termination
6.1. Termination by the user
You can set any time your usage and cancel your Account or the particular service of mdct Group in accordance with the instructions to the services of mdct Group. The effective date of such termination is the date on which you complete the cancellation process on the services of mdct Group; a termination of the payment services in force at the end of the subscription period of the respective pay services.
Notwithstanding any previous provisions shall enter a notice of automatically extended subscriptions to paid services after the expiry of the current already paid by you runtime into force. Please note that the termination process may take several days; In order to avoid the next automatic renewal and the related payment obligation, termination should take place at least thirty (30) days before the expiry of the then applicable service period.
6.2. Termination by our side
Failure to comply with the Terms and Conditions of Götz & Oberhauser IT GbR or the late payment of applicable fees shall entitle mdct Group to your user account and your user platform (or certain functions) as well as all associated services of the mdct Group (e.g. payment services) and third-party services to block or terminate (until full payment of fees).
6.3. Loss of data, content and functions
Failure to terminate your mdct Group user account or third party services (through you or through Götz & Oberhauser IT GbR) may result in the loss of certain content, features and data of your account, including user content, end user data or other usage data and any domain reservations or registrations contained in the respective services ("Data Loss"). Götz & Oberhauser IT GbR assumes no liability for this type of data loss nor for the security of your user account, your user content and your end user data. Please also note that the reactivation of a user account or the services of the mdct Group may be subject to additional fees at the sole discretion of Götz & Oberhauser IT GbR following termination.
7. Third party services
About the services of mdct Group you get the chance, certain services and third-party tools to extend your user platform and your users' experience to use. Collective term "third-party services."
You agree that the mdct Group regardless of the manner in which you are offered such third-party services (package with certain services of mdct Group, as a separate offering or approved by us persons or otherwise through the services mdct Group) merely acts as a mediation platform between you and such third-party services, and these third-party services in any way has chosen to adopt or accept responsibility for any liability. The mdct Group is not a party in this regard and does not accept responsibility for the Inter cations and transactions between you and the relevant third-party services. (Among others: product "WebApps").
The use of third-party services is at your own risk and responsibility and is subject to the relative laws of these third-party services that you should read before using such third-party services.
While we hope that this case will not occur, but the Götz & Oberhauser IT GbR nevertheless reserves the right to disable any third-party services at any time in its sole discretion from your account or your user platform or the services of mdct Group, disable or remove regardless of whether they have already been published at the time. The Götz & Oberhauser IT GbR is liable for this and possible loss of function either to you or over your end users.
8. Misconduct and misuse
When using the services of the mdct Group you may encounter user platforms, users content or services from third parties from various sources that could be wrong, offensive, indecent or illegal. You hereby waive all legal claims or remedies you can make in relation to claims against the Götz & Oberhauser IT GbR or could.
If you believe that a user or a third-party service acted inappropriately or the services of mdct Group has used in other ways abusive, please report this user or third party service promptly of this form: https://www.mdct-group.com/legal/abuse/. You agree that your message is not an obligation for the mdct Group, and that the Götz & Oberhauser IT GbR respond to such a message in its sole discretion, waive the response or request additional information or documents from reaction.
9. Disclaimer of Warranties
We offer the services of the mdct Group in its present form, "with all errors" and "as available", and we make no warranty, express or implied, of merchantability, fitness for a particular purpose, professional conduct, non-infringement or third party rights Other warranties - to the extent permitted by law. In particular, we make no guarantee that the mdct Group's services (or any part, function or content thereof) will be complete, correct, of a certain quality, reliable, secure, with your intended activities, devices, operating systems, browsers, programs or tools (or those of your end users) are (or will continue to be) compatible, or that they comply with all applicable laws and regulations that apply to you or your end users (including the laws of any country in which you operate) or that mdct Group's services are free of viruses, bugs, or other harmful components or program restrictions. In addition, we assume no liability for companies, products or services (including third-party services) mentioned or offered through the mdct Group services - so you should thoroughly review them before using them.
The mdct Group may, at any time and for any reason and at its sole discretion, review, monitor and edit any user platform or content, with or without notice.
Notwithstanding anything to the contrary, Götz & Oberhauser IT GbR may under no circumstances be considered a "publisher" of the User Content and Götz & Oberhauser IT GbR shall not be liable for User Content uploaded by a user or other party through the mdct Group's services, published or made available for use by any party or for any loss, damage or expense that you or others may incur in publishing, accessing or relying on User Content. In addition, Götz & Oberhauser IT GbR is not liable for faulty, defamatory, libellous, reputation-damaging, obscene, pornographic or other illegal user content that is displayed to you or other parties.
You acknowledge that the use of the mdct Group or third-party services in connection with the services involves risks, and that Götz & Oberhauser IT GbR makes no warranty for particular results of use or interactions. You assume liability for all risks and potential damages associated with or through such interactions. These risks include, but are not limited to, misrepresentation of information about or from third-party services or licensed content, breach of warranty and breach of contract, infringement of rights and resulting legal claims.
Götz & Oberhauser IT GbR does not recommend the use of mdct Group services for the hosting of personal content and does not guarantee the security and integrity of such content.
Please note that some services of the mdct Group are currently being offered and still being tested in the BETA version. You acknowledge and agree that the services may still contain software errors, are subject to interference, and may not function as intended or promised. By using the services of the mdct Group in the BETA stage, you agree to participate in the BETA test of the services provided by the mdct Group.
Despite intensive and extensive tests of our software, we assume no liability for damages of any kind. The Götz & Oberhauser IT GbR does not guarantee the correct functioning of the programs offered. Furthermore, we are not liable for damages of any kind, which arise through programs offered by us, as well as for any damage caused by downtime of these programs. This applies to programs of the Götz & Oberhauser IT GbR as well as to third-party programs offered on our websites. By downloading the programs offered here, the user agrees with the download conditions and these Terms of Use / “Nutzungsbedingungen” and thus waives all liability claims against Götz & Oberhauser IT GbR. We offer extensive support and updates, but please note our support and update periods. All downloads are subject to our copyright, any distribution and duplication is prohibited. Unless this is explicitly allowed. We are always trying to keep a backup of your data and backup systems ready. By agreeing, you are always giving yourself a backup to keep ready, and you will lose any claim for reimbursement or the like in the event of a failure of our systems or any third party we use.
10. Limitation of Liability
To the extent permitted under the applicable statutory provisions, are not liable to Götz & Oberhauser IT GbR, its company directors, directors, shareholders, owners, employees, affiliates and agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages, including damage caused by
(1) erroneous or incorrect content,
(2) personal injury or property damage due to the use of the services of mdct Group,
(3) unauthorized access to the server or the personal data or other stored information there,
(4) transmission interruptions to or from the services of mdct Group,
(5) the use or display of content or published, sent by email, transferred or otherwise through the Services by the Group offered mdct User Content, or
(6) events which are beyond the control of the Götz & Oberhauser IT GbR, especially Internet outages, system failures, power failures, strikes, labour disputes, riots, insurrections, surveys, riots, material and manpower shortages, fires, floods, Star Wars, storms, earthquakes, explosions, acts of God, war, terrorism, acts of government, court orders, government agencies or tribunals or offending those of third parties and / or
(7) Usage failures, data, profits, goodwill, or other intangible losses resulting from the use or inability to use all services of mdct Group.
You agree that these restrictions partly be agreed in return for the provision of services of mdct Group, and that these restrictions also apply when the Götz & Oberhauser IT GbR was informed of the possibility of such liability principles.
11. Indemnification
You agree that Götz & Oberhauser IT GbR and his company directors, directors, shareholders, owners, employees, affiliates and agents from and against all claims, damages, obligations, losses, liabilities, costs, claims and expenses (including attorneys' fees) arising to keep that arise from the following:
(1) a violation of the provisions of these terms and conditions or other conditions of mdct Group through you,
(2) a violation of third party rights, including copyright, property rights and privacy rights of their users Platform or User Content or your use of the services of mdct Group, and
(3) any other type of claim due to a violation of the rights of third parties through your user platform or your user content.
12. Technical limitations
In order to offer the best solutions, applications and services to all our customers, the establishment of such guidelines is essential.
1. The operation of your page file hosting services, especially illegal data or services, through our products is prohibited.
2. Running tools that consciously our system, or parts of it at full load is not permitted. This includes explicitly (D)DoS attacks on our systems or systems of our partners.
3. The appointment of a service or product of the Götz & Oberhauser IT GbR cannot be performed on a false or "disposable address". It may only and exclusively associated e-mail address be given. This shall be reachable (technical).
Prohibited uses
- File sharing (Torrent, etc.)
- Scan foreign IP addresses
- The use of false or foreign IP addresses
- All kind of illegal applications and data worldwide
- Usage that could harm us, our partners or other users
- Mining (generation / calculation of virtual currencies such e.g. Bitcoin.)
13. Available add-on software
Software (including "apps") that is made available for download, is subject to copyright Götz & Oberhauser IT GbR. The use of the software, if necessary subject to the license terms that accompany the software or are included therein ("License Agreement", "License Information"). An end user is authorized only after agreeing to the terms of the license agreement, the software that comes with a license agreement, or includes a license agreement to install. Any reproduction or redistribution of the software that are not related to the license agreement in line are expressly prohibited.
14. Additional content and media
All materials, including software, help topics, white papers, data sheets, videos and FAQs, which are made available within the framework of the website services, are subject to the copyright of Götz & Oberhauser IT GbR. This content may only be used in conjunction with the services or products of the mdct Group. You may not remove, modify, or distort any copyright notices, as well as distribute this content to third parties. Some applications available through the Website Services are licensed to you by others. Götz & Oberhauser IT GbR does not grant you any additional rights in relation to such third-party materials. Götz & Oberhauser IT GbR does not claim any ownership of materials you provide, code, apps, settings (including feedback and suggestions). By providing your own content, you grant the Götz & Oberhauser IT GbR and the third-party companies required for the use of this content as far as it is necessary for the regulated operation. Götz & Oberhauser IT GbR will not pass on this content to other or non-operational services, companies, etc. without your express permission. A list of external or external content can be found here: https://www.mdct-group.com/legal/credits/.
15. General
15.1. Changes and updates
The Götz & Oberhauser T GbR is entitled at any time, with or without prior notice the services of mdct Group (and any functions or related prices) to disable or adjust and change the terms of mdct Group. If additional fees become payable by such changes, we will notify you prior to the activation of these specific changes over these charges. If you do not pay such fees, we may terminate your account, you continue to offer active at that time serving the mdct Group without changes or offer alternative services (at their discretion).
15.2. Governing Law and Jurisdiction; Waiver of class actions
The terms and conditions of Götz & Oberhauser IT GbR, the rights and remedies under this Agreement, and any and all claims and disputes arising therefrom or with the mdct Group Services, their interpretation or infringement, termination and validity, and relationships arising out of Conditions of the mdct Group result, as well as all transactions and purchases are subject solely and without exception to the laws, regulations and the interpretation of the in the Federal Republic of Germany, as well as their jurisprudence.
You hereby acknowledge that all claims and disputes must be heard before a competent court in the Federal Republic of Germany.
Subject to any applicable laws, all disputes between you and Götz & Oberhauser IT GbR will be resolved on an individual basis only and you have no right to claim against Götz & Oberhauser IT GbR as plaintiff or member of a class action, consolidated action or collective action (or any other) by a group or by representatives on behalf of other court cases conducted).
15.3. Messages
We can provide you with the following methods post messages to:
(1) about the service of mdct Group, including banners and pop-ups within the site of mdct Group, the user account or elsewhere
(2) by e-mail to the given e-mail address, and
(3) any other means, including phone numbers and addresses that you have specified. A statement of mdct Group to you is considered twenty-four (24) hours after the release or shipment via one of the above methods deemed received and effective if the message contains no contrary information.
15.4. Relationship
The conditions of the Götz & Oberhauser IT GbR should and should not be a constitution of a partnership, joint venture, a contract of employment, an agency agreement or a franchise agreement between the Götz & Oberhauser IT GbR and at you.
15.5. Complete agreement
These Terms of Use, together with the terms and conditions of Götz & Oberhauser IT GbR and all other legal- or fee notifications communicated to you by the mdct Group, constitute the entire agreement between you and Götz & Oberhauser IT GbR regarding the terms of the contract and supersede all previous ones or any present written or oral agreements, understandings, promises, negotiations, assurances, and commitments between mdct Group and you, including those entered into between you and one of our agents regarding the mdct Group's services. You confirm that you are not influenced by promises, incentives, statements, disclosures or disclosure obligations on the part of Götz & Oberhauser IT GbR when accepting the conditions of the mdct Group
15.6. Cession
Götz & Oberhauser IT GbR is entitled to assign its rights and obligations under this agreement as well as its proprietary rights in the services of the mdct Group or the licensed content to a third-party without your consent and without prior notice. You may not assign your rights and obligations under this agreement without the prior written consent of Götz & Oberhauser IT GbR. Any attempted or actual assignment of your rights and obligations without the prior express written consent of the mdct Group is void. Assignment or transfer of rights in accordance with this section 12.6 does not entitle the mdct Group or you to terminate the services of the mdct Group or third-party services valid at that time
15.7. Affiliate Offers / recruitment program
It is possible to apply our products in third and market. Here, the recruiters receive financial commission. The Götz & Oberhauser IT GbR are guidelines and rules for the permitted and prohibited use of such offers from, to which each distributor has to keep. Nevertheless, the Götz & Oberhauser IT GbR distances itself from these marketing campaigns that mdct Group is not responsible for the place, position, or other type of application such recruitment program.
These are carried out by the respective registered recruiters.
15.8 Severability clause and Waiver
If a provision of the conditions of Götz & Oberhauser IT GbR is declared by a court of competent jurisdiction to be invalid, unlawful, and void or for any other reason unenforceable, this shall not affect the validity and enforceability of the remaining provisions. If a party waives its right to enforce its rights with respect to a breach of one or more of the terms and conditions of Götz & Oberhauser IT GbR, this does not mean that it waives the enforcement of the other terms.
15.9 interpretation
All headings and section titles in this Agreement are for convenience of understanding only and are not legally binding.
These Terms of Use have been translated into English and translated into other languages for ease of understanding. If a translated (non-English) version of these Terms of Use is in conflict with the English version, then the terms of the English language version shall take precedence. However, if contradictions arise between our German-speaking and the English-language version, the German-language version also takes precedence over the English-language version.