OffiAI

This English version is a convenience translation. Only the German version is legally binding.

Terms of use

1) Scope

These terms of use of Delicatino GmbH (hereinafter “Operator”) apply to the use of the website operated by the Operator by the user.

By using the website, the user agrees to these terms of use.

2) Operator’s services

2.1 The Operator provides the website in its current state and on the basis of its current availability. The Operator owes neither a particular quality, compatibility, security or range of functions, nor that the website is suitable for a particular purpose.

2.2 The Operator does not warrant that the website will work without interruption or errors, that errors will be corrected, or that the website or the servers through which it is provided are free of viruses or other harmful software.

2.3 The Operator is entitled to change or discontinue the operation of the website, in whole or in part, at any time.

3) Links to third-party websites

The Operator’s website may contain links to other websites that are operated by third parties and whose content the Operator cannot influence. Providing these links does not mean that the Operator endorses these websites, the content they contain, their operators or their practices. If the Operator finds, or is notified by third parties, that a linked website contains unlawful content, the Operator will remove the link to that website without delay.

4) Restrictions on use

The user may use the website and its content only for lawful purposes and in accordance with these terms of use.

In particular, the following conduct is prohibited:

• any use of the website in a way that could disable, overload, damage or impair the website;
• the use of programs or other technical means for text and data mining, monitoring or copying content on the website;
• the use of programs or other technical means that disrupt the proper operation of the website;
• introducing malware such as viruses, Trojans or worms;
• impairing the website with a denial-of-service or distributed denial-of-service attack;
• any attempt to gain unauthorised access to, or to disrupt, parts of the website, the server on which the website is stored, or any server, database or terminal device connected to the website.

5) Rights of use granted by the Operator

5.1 The Operator grants the user a non-exclusive right, revocable at any time, to use the website operated by the Operator within the scope of these terms of use.

5.2 Unless the specific circumstances indicate otherwise, users are generally prohibited from reproducing, making publicly available or passing on to third parties the content of this website, in whole or in part, for their own business purposes.

5.3 The use of content on the website that is protected by copyright and/or trademark law, such as logos, images, videos or texts, is prohibited unless the Operator has expressly consented to such use. This does not apply to downloading, copying and/or printing pages of the website exclusively for personal and non-commercial use.

5.4 Statistical data and/or other information not protected by statutory copyright may be used only for editorial purposes, to a reasonable extent and with the Operator named as the source.

6) Legal consequences of unlawful use

The Operator reserves the right to prohibit the user from accessing the website temporarily or permanently if the user violates applicable law or these terms of use. This does not affect the assertion of other rights, in particular claims for damages.

7) Operator’s liability

The Operator is liable to the user for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

7.1 The Operator is liable without limitation, on whatever legal grounds,

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a promise of guarantee, unless otherwise provided in this respect,
• on the basis of mandatory liability, for example under the German Product Liability Act.

7.2 If the user acts as a consumer resident in Germany or as an entrepreneur, the following limitations of liability apply:

If the Operator negligently breaches an essential contractual obligation, its liability is limited to the damage that is typical for this type of contract and foreseeable, unless it is liable without limitation under the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Operator according to its content in order to achieve the purpose of the contract, whose fulfilment makes the proper performance of the contract possible in the first place, and on whose observance the user may regularly rely. Otherwise, the Operator’s liability is excluded, unless it is liable without limitation under the preceding clause.

7.3 The above liability provisions also apply to the Operator’s liability for its vicarious agents and legal representatives.

8) Changes to the terms of use

The Operator reserves the right to change these terms of use at any time. Changes are announced by publishing the amended version of the terms of use on the Operator’s website. By continuing to use the website after the changes have been announced, the user agrees to the changes.

9) Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Place of jurisdiction

If the user is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Operator’s place of business. If the user’s registered office is outside the territory of the Federal Republic of Germany, the Operator’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it can be attributed to the user’s professional or commercial activity. In the above cases, however, the Operator is in any case entitled to bring an action before the court at the user’s registered office.

Legal text provided by IT-Recht Kanzlei; translation by Delicatino GmbH.