Agreement to Our Legal Terms

We are Trichter ("Company", "we", "us", or "our").

We operate the website https://trichter.hauptspeicher.com, the mobile application Trichter, and other related products and services that refer or link to these Legal Terms (collectively, the "Services").

These Legal Terms constitute a legally binding agreement between you and Trichter concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by these Legal Terms.

If you do not agree with these Legal Terms, you are prohibited from using the Services and must discontinue use immediately.

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

1. Our Services

The Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Users who access the Services from other locations are responsible for compliance with local laws.

2. Intellectual Property Rights

Our Intellectual Property

We own or license all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, text, graphics, trademarks, service marks, and logos.

The Content and Marks are provided through the Services "as is" for your personal, non-commercial use or internal business purposes only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print portions of Content for personal, non-commercial use or internal business purposes.

No part of the Services, Content, or Marks may be copied, reproduced, distributed, sold, licensed, or otherwise exploited for commercial purposes without our prior written permission.

Your Submissions and Contributions

By sending us questions, comments, suggestions, feedback, or other information about the Services ("Submissions"), you assign to us all intellectual property rights in those Submissions.

If you post content through the Services ("Contributions"), you grant us a worldwide, royalty-free licence to use, reproduce, distribute, display, and otherwise exploit those Contributions as permitted by these Legal Terms.

You are solely responsible for your Submissions and Contributions. We may remove or edit Contributions that we consider harmful or in breach of these Legal Terms.

3. User Representations

By using the Services, you represent and warrant that:

Your registration information is accurate and complete.
You will keep your information up to date.
You have legal capacity to agree to these Legal Terms.
You are not a minor in your jurisdiction.
You will not use automated or non-human access methods.
You will not use the Services for illegal purposes.
Your use of the Services will comply with applicable law.

4. User Registration

You may be required to register to use the Services. You are responsible for keeping your password confidential and for all activity under your account.

5. Prohibited Activities

You agree not to:

Systematically collect data from the Services without permission.
Mislead, defraud, or harm us or other users.
Interfere with security-related features.
Use information from the Services to harass or harm others.
Use the Services contrary to applicable laws or regulations.
Upload viruses, malware, spam, or disruptive material.
Use bots, scrapers, or automated extraction tools.
Impersonate another person or user.
Interfere with or disrupt the Services.
Reverse engineer or copy the Services' software.
Create accounts by automated means or false pretences.
Use the Services to compete with us.
Sell or transfer your profile.
Advertise or sell goods and services without approval.

6. User Generated Contributions

The Services may allow you to create, submit, post, display, transmit, or publish content and materials. Contributions may be viewable by other users and may be treated as non-confidential and non-proprietary.

When you make Contributions, you represent that:

You own or have the necessary rights to your Contributions.
Your Contributions do not infringe third-party rights.
Your Contributions are not false, misleading, or unlawful.
Your Contributions are not abusive, obscene, harassing, or hateful.
Your Contributions do not violate privacy or publicity rights.
Your Contributions comply with these Legal Terms.

7. Contribution Licence

By posting Contributions, you grant us a worldwide, transferable, royalty-free licence to host, use, copy, reproduce, publish, display, distribute, and adapt your Contributions in connection with the Services.

You retain ownership of your Contributions. We are not responsible for statements or representations made in your Contributions.

8. Mobile Application Licence

Use Licence

If you access the Services through the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control.

You may not:

Reverse engineer, decompile, or disassemble the App.
Modify, adapt, translate, or create derivative works of the App.
Use the App in violation of applicable laws.
Remove proprietary notices.
Use the App for unauthorised commercial purposes.
Use the App to create a competing product or service.

Apple and Android Devices

If you obtain the App through an app distributor, your use of the App is also subject to the applicable distributor’s terms and conditions.

9. Social Media

The Services may allow you to link your account with third-party social media accounts. Your relationship with those third-party providers is governed solely by your agreements with them.

You may disable the connection between your account and third-party accounts through your account settings, where available.

10. Services Management

We reserve the right to monitor the Services for violations, restrict or disable access, remove excessive or harmful content, and otherwise manage the Services to protect our rights and ensure proper operation.

11. Privacy Policy

Please review our Privacy Policy: https://trichter.hauptspeicher.com/policy/privacy.

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

12. Copyright Infringements

We respect the intellectual property rights of others. If you believe material available through the Services infringes your copyright, please notify us using the contact information below.

13. Term and Termination

These Legal Terms remain in full force while you use the Services. We may deny access, suspend, terminate, or delete your account if you breach these Legal Terms or applicable law.

If your account is terminated or suspended, you may not create another account under your own name, a fake name, or the name of another person.

14. Modifications and Interruptions

We may change, modify, suspend, or discontinue the Services at any time. We cannot guarantee that the Services will always be available or free from interruptions, delays, or errors.

15. Governing Law

These Legal Terms are governed by the laws of Germany. If you are a consumer residing in the EU, you also benefit from mandatory consumer protection provisions in your country of residence.

16. Dispute Resolution

Informal Negotiations

The parties agree to first attempt to resolve disputes informally for at least thirty (30) days before initiating arbitration or other formal proceedings.

Binding Arbitration

Any dispute arising from these Legal Terms shall be determined by one arbitrator under the rules of the European Court of Arbitration. The seat of arbitration shall be Friedrichshafen, Germany. The proceedings may be conducted in English or German.

Exceptions

Disputes relating to intellectual property rights, theft, piracy, unauthorised use, privacy violations, or claims for injunctive relief are not subject to the arbitration provisions above.

17. Corrections

The Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or update information at any time without prior notice.

18. Disclaimer

The Services are provided on an "as-is" and "as-available" basis. Your use of the Services is at your sole risk.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

19. Limitations of Liability

To the fullest extent permitted by law, we will not be liable for indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, or loss of data arising from your use of the Services.

20. Indemnification

You agree to defend, indemnify, and hold us harmless from claims, losses, damages, liabilities, and expenses arising from your Contributions, your use of the Services, your breach of these Legal Terms, or your violation of third-party rights or applicable law.

21. User Data

We may maintain data that you transmit to the Services for the purpose of managing the Services. You are responsible for all data you transmit or activity performed through your account.

22. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that electronic notices satisfy legal written communication requirements.

23. Miscellaneous

These Legal Terms and any policies posted by us constitute the entire agreement between you and us. If any provision is found unlawful or unenforceable, the remaining provisions remain valid and enforceable.

24. Contact Us

Trichter
Werastraße 48
88045 Friedrichshafen
Germany

Phone: +49 177 8799440

You can also reach us via our contact form.