Terms and Conditions of SMARTIC SOFTWARE GmbH
1.1. The SMARTIC SOFTWARE, operates and provides various services in the fields of, among others, the creation, design, management and analysis of QR Codes, vCards, (mobile) websites and the related tools and advisory services for its customers (hereinafter referred to: user).
1.2. These General Terms and Conditions (hereinafter referred to: Terms & conditions) regulate any referred to these Terms & conditions contractual relationships between SMARTIC SOFTWARE and the user. The Terms & conditions apply to all offers and services of SMARTIC SOFTWARE, as well as to all agreements and service relationships between SMARTIC SOFTWARE and the user. This applies regardless of whether the making of declarations, the logging in, the registration, the contract conclusion, the service or the reception of services occur inside or outside of UAE.
1.3. Terms and Conditions of the user, which is an corporation in terms of § 14 BGB, contrary to or differing from the ones constituted here are only valid, if SMARTIC SOFTWARE expressly approves their validity in writing; such an improvement by SMARTIC SOFTWARE can neither be inferred from mere silence nor from an uncontradicted or unreserved provision or receipt of agreed services or fees. Corporations in terms of § 14 BGB are natural or legal persons or partnerships with legal capacity which execute their commercial or self-employed profession upon conclusion of the legal transaction.
1.4. The services of SMARTIC SOFTWARE may generally be used for private and commercial purposes, unless it is expressly stated that an exclusively private or exclusively commercial use is permitted.
1.5. The services of SMARTIC SOFTWARE are exclusively intended for persons of full age, in the case of natural persons. The user gives an assurance to be of full age and of full legal capacity at the time of registration and at the point of use.
- Object and Conclusion of Contract
2.1. The object of the contract is the respective use of the respective specifically agreed service of SMARTIC SOFTWARE by the respective user, whether against payment or free of charge.
2.2. The user undertakes only to provide complete, correct and current information when registering, entering data or setting up and to correct or update data if necessary. The use of pseudonyms, nicknames or professional names is not allowed. Unauthorized multiple registrations of a user are to be omitted.
2.3. The user is himself responsible for his password selected in connection with the registration. This password must not be made available for unauthorized third parties. If the user does not follow these instructions, he shall be liable for the resulting damages. SMARTIC SOFTWARE will not make the password available for third parties and will not ask the user – with the exception of log-in processes – for the password, not even over the telephone or by email.
2.4. The presentation of services on the websites of SMARTIC SOFTWARE do not represent a legally binding offer of SMARTIC SOFTWARE, but a non-binding invitation for the user to submit a corresponding offer. The processes and technical steps that lead to a binding offer by the user will be explained in the respective concrete service sections.
2.5. Before the submission of the respective legally binding offer by the user, he has to explicitly confirm that he has read and accepts these Terms & conditions and the cancellation instructions by clicking on the checkbox provided for it. Before the submission of a binding order or registration by clicking on the corresponding button the user can check the data entered and change it if necessary.
2.6. Upon submission of the binding order or registration by the user and the associated legally binding offer by the user, an email will be sent to his specified email address. This email confirms the requirement of the order or registration by SMARTIC SOFTWARE, but does not constitute the acceptance of the offer made by the user, except this email is expressly declared to be the order confirmation by SMARTIC SOFTWARE. The user shall ensure that the email address, which he has given, is correct and that emails sent by SMARTIC SOFTWARE can be received and will not be blocked e.g. in case spam filters are used.
2.7. SMARTIC SOFTWARE may accept the offer made by the user within one week either by express acceptance or order confirmation or by the provision of the contractual services or by starting the provision of the contractual services (in case of continuous obligations or if the services are contractually agreed to be provided in two or more parts).
- Services of SMARTIC SOFTWARE
3.1. The concrete contractual services of SMARTIC SOFTWARE result from the respective concrete presentation within the individual service sections. The same applies to the scope of services, the service period, obligations of the user to pay renumeration and further concrete service conditions.
3.2. The services provided by SMARTIC SOFTWARE depend to a considerable extent on the availability of third parties, in particular also on the availability and accessibility of, for example, the worldwide Internet and mobile communications infrastructure, data centers, telephone lines, mobile communication networks, domains, apps etc. The user is aware of and acknowledges that for this reason, the contractual services must be completely or partly, permanently or temporary, discontinued, restricted, blocked or modified for all or individual users if necessary.
3.3. SMARTIC SOFTWARE is authorized to use programs that allow conclusions on the usage behavior of users. This information increases the safety, optimizes the services of SMARTIC SOFTWARE and is handled confidentially in due compliance with the provisions and regulations of data protection.
- Rights and Obligations of the User
4.1. The user is obligated to use the products and services provided by SMARTIC SOFTWARE in due compliance with the statutory and legal provisions. The user guarantees particularly not to use, provide or link contents that violate the laws of the Federal Republic of UAE and the European Union, current penal laws, youth protection laws, provisions and regulations of data protection, regulations of the Telecommunication Act, the Telemedia Act or any rights of third parties. The user is obligated to ensure and check this continuously and properly in his own responsibility.
4.2. The user is obligated to refrain from everything that may affect the functionality of services provided or arranged by SMARTIC SOFTWARE. This also applies to, among others, the use of viruses, malicious software or software that automatically generates user requests via the Internet or in another way. The user will also not change, manipulate, overwrite, copy or distribute website areas or website areas of other users provided by SMARTIC SOFTWARE or their service providers.
4.3. The user’s contractual services and rights may neither be transferred to third parties nor provided to third parties for use. The user is under obligation to prevent any unauthorized third parties from accessing services provided or mediated by SMARTIC SOFTWARE or services of third parties by corresponding precautions according to the current state of art. The user commits himself further to keep secret sensitive data (e.g. his password) and, in case of misuse or suspected misuse, to change his password immediately and conveniently as well as to notify SMARTIC SOFTWARE immediately of the misuse or suspected misuse.
4.4. The user is responsible for technical devices, means of communication, hardware and software that he uses. This also applies to their appropriateness and security. His obligation to pay for any agreed usage fees or other renumerations remains unaffected from a possible failure or malfunction of these devices or means of communication. The user will immediately notify SMARTIC SOFTWARE of any failures or malfunctions and describe their circumstances and details as precisely as possible.
4.5. The user undertakes to take care of the continuous, correct and appropriate security of his data and is responsible, insofar as an occurred damage was not caused by SMARTIC SOFTWARE intentionally or through gross negligence.
4.6. In accordance with legislation the user is under obligation to identify or let identify content used or entered by him as his own or external content and in particular to comply with the legal disclaimer obligations properly and completely.
4.7. If the user violates his statutory and contractual obligations and duties, he is fully liable for the resulting damages. SMARTIC SOFTWARE is not obligated to check the usage behavior of the user or the users’ used, provided or linked contents for possible legal or contractual violations. In the event of violations, illegal contents or suspected misuse, SMARTIC SOFTWARE shall, irrespective of this, be entitled to delete, block or restrict the contractual services, corresponding contents, links or codes without prior notice.
- Defaults, Liability and Exemption
5.1. SMARTIC SOFTWARE’s aim is a continuous availability and an error-free functionality of their provided services. SMARTIC SOFTWARE provides users their contractual services or their mediated services around the clock, but shall reserve the right to, as necessary and to a reasonable extent, restrict or shut down the systems occasionally during off-peak times for maintenance or performance optimization. This does not apply as a breach of contractual obligations by SMARTIC SOFTWARE. Temporary access restrictions or the abovementioned failures do not result in warranty claims of the user and do not set up the right for an extraordinary termination by the user.
5.2. SMARTIC SOFTWARE excludes any liability for slightly negligent breaches of duty, unless this concerns damage caused by the impairment of life, body or health or the infringement of guarantees or claims under the Product Liability Act are affected. The liability due to fraudulent misrepresentation or breaches of essential contractual obligations whose fulfilment is essential for the due and proper implementation of the contract and whose fulfilment users may regularly rely on remains unaffected. In the event of a slightly negligent breach of these essential contractual obligations SMARTIC SOFTWARE shall only be liable to Corporations in terms of § 14 BGB for foreseeable damages that are typical of the contract. The same applies to breaches of duty by SMARTIC SOFTWARE’s statutory representatives or vicarious agents.
5.3. SMARTIC SOFTWARE shall not be liable for any interruptions, disturbances, limitations or other performance obstacles based on circumstances beyond SMARTIC SOFTWARE’s range of influence.
5.4. The user is aware of and accepts that software and web presences cannot be created entirely free of errors according to the current state of art. It might also occur that a code cannot be read, interpreted or processed by any terminal device. Despite SMARTIC SOFTWARE’s dutiful efforts this cannot be completely ruled out by SMARTIC SOFTWARE. Furthermore, SMARTIC SOFTWARE cannot assume liability for this or damages of terminal devices caused thereby.
5.5. The user releases SMARTIC SOFTWARE and their statutory representatives, vicarious agents and legal successors from all claims, demands, compensation claims, damage claims, losses, damages, rights, grievances, complaints and fees resulting from any violation of rights for which the user, his statutory representatives or vicarious agents are responsible for, e.g. the violation of contractual, statutory or official regulations or specifications, the violation of the industrial property rights, copyrights, trade mark rights, characteristic rights, personal rights or other legal violations. The release also includes legal costs of an appropriate legal defense. The release is without prejudice to the obligations of the user to compensate SMARTIC SOFTWARE for damages caused by him, his statutory representatives or vicarious agents.
- Compensation and Delay
6.1. Unless the corresponding service of SMARTIC SOFTWARE is free of charge, compensations and fees to be paid by the user if necessary are concretely presented within the respective service sections including all related price components respectively calculation basis, payment processes and payment terms. The corresponding contractual invoice will be made available to the user by mail, email or for download in his account with or after the acceptance of the contract.
6.2. In the event of a change of the legal value added tax, SMARTIC SOFTWARE may adjust compensations or fees or prices for products or services from the date on which the change of the legal value added tax takes effect.
6.3. SMARTIC SOFTWARE is not obligated to provide or unlock contractual services before receipt of payment, unless it is contractually agreed otherwise between SMARTIC SOFTWARE and the user.
6.4. SMARTIC SOFTWARE reserves the right to charge for services that were previously made available free of charge after corresponding announcement and/or to discontinue providing services that are free of charge.
6.5. Compensations or fees will become due at the time of accepting the contract by SMARTIC SOFTWARE on the basis of the contractual agreement to pay and are to be paid in advance for the agreed contract period or the agreed part of the contract period.
6.6. In the event of a delay of payment, SMARTIC SOFTWARE may claim damages from the user caused by delay in addition to the statutory default interests or may retain contractual services until full payment. The user is obligated to reimburse costs resulting from return debits to the extent that it is liable for the event which triggered the costs.
6.7. If the user fails to comply with his contractual payment obligations, SMARTIC SOFTWARE may set an appropriate period of grace with a threat of termination, after the expiry of which SMARTIC SOFTWARE may extraordinarily terminate the contract with the user and delete any data immediately without implying a separate contractual obligation to delete data immediately.
6.8. If the user does not make use of contractual services, this does not release him from his payment obligations.
- Data and Property Rights
7.2. All rights to the services of SMARTIC SOFTWARE and their labeling including any trademarks, patents, copyrights, license rights or any other property rights or other rights are exclusively those of SMARTIC SOFTWARE and may only be used in accordance with the explicit contractual agreements and in the same way as contractually agreed and only for the contractually agreed period of time. In particular, the user is not allowed to copy, change or disassemble software or to create any processing thereof attempt to ascertain the source code. Furthermore, the user is not authorized to sell, assign software or other products or services, insofar to issue sub-licenses or insofar to transfer other rights to third parties or claim any rights. The rights of the user to contents brought in by him remain unaffected.
7.3. If the contractual use of services or mediation services provided by SMARTIC SOFTWARE is affected by property rights of third parties without SMARTIC SOFTWARE’s fault, SMARTIC SOFTWARE may discontinue the hereby affected services. In this case, SMARTIC SOFTWARE will inform the user without delay and offer an appropriate substitute solution if possible.
- Contract Duration and Contract Termination
8.1. The contract is effective for the period concretely agreed by SMARTIC SOFTWARE and the user (contract duration) in accordance with the contractually agreed period of notice. Insofar as not explicitly agreed otherwise, the contract may be terminated with a notice period of one month prior to the end of the contract. Should no termination take place, the contract is extended for the same period of time. Insofar as no maturity date is contractually agreed, the contract shall be concluded for an indefinite period with a notice period of one month to the expiration of the first complete 12 contract month, afterwards to the end of the respective calendar year.
8.2. Termination must be made in writing.
8.3. The user may delete created accounts and contents at any time without stating reasons without implying that payment obligations of the user end in case of a lack of an effective contract termination.
8.4. After termination of the contract, SMARTIC SOFTWARE is not obligated to store or keep available contents, links or data.
8.5. In case of a blocking or deletion by SMARTIC SOFTWARE due to a premature blocking or deletion requested or induced by the user, no claims for restitution can be made against SMARTIC SOFTWARE.
8.6. The mutual right to extraordinary termination for important reason remains unaffected. Such an important reason exists for SMARTIC SOFTWARE, if the user violates fundamental contractual or legal obligations significantly, violates contractual obligations in spite of a warning, affects the safety of systems of SMARTIC SOFTWARE, other users or third parties, changes or manipulates services of SMARTIC SOFTWARE or their vicarious agents, provided order provides incorrect data on registration or during the term of the contract, provides or uses racist, pornographic, violent, immoral or illegal content or violates property rights or personal rights of SMARTIC SOFTWARE or third parties.
8.7. A blocked or cancelled user is not permitted to otherwise access or try to access the services of SMARTIC SOFTWARE.
8.8. Prepaid fees or renumerations will only be refunded in cases where SMARTIC SOFTWARE is responsible for the extraordinary termination.
- Rights of Withdrawal for Consumers
As long as the user concludes the contract as a consumer in terms of § 13 BGB, i.e. as a natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession, the following shall apply:
9.1. Right to withdrawal
The user may withdraw his contractual declaration within a period of fourteen (14) days without reason in writing (e.g. letter, fax, email). The term starts with receipt of these instructions in writing, however not before contract conclusion and not before the fulfillment of the obligation of SMARTIC SOFTWARE according to 246 § 2 EGBGB in combination with § 1 paragraph 1 and 2 EGBGB as well as the obligations of SMARTIC SOFTWARE according to § 312 g paragraph 1 sentence 2 BGB in combination with 246 § 3 EGBGB. The withdrawal deadline is deemed to be met if the notice of withdrawal was sent in a timely fashion.
The revocation is to be sent to:
SMARTIC SOFTWARE Email: email@example.com
9.2. Cancellation consequences
In the event of a valid cancellation, the services received by either party and any benefits (e.g. interest) that may have been accrued shall be returned. Should the user be partially or wholly unable to return the services and benefits (e.g. benefits of use) received from SMARTIC SOFTWARE or only to do so in a deteriorated condition the user shall to this extent provide compensation accordingly. This may result in the user being required to fulfill his contractual payment obligations for the period up to the termination. Obligations to reimburse payments must be discharged within 30 days. The period shall commence with the sending of the declaration of revocation by the user, and for SMARTIC SOFTWARE with the receipt thereof.
9.3. Premature expiration of the right of withdrawal
The right of withdrawal expires prematurely, if the contract with express consent of the user has been fulfilled completely by SMARTIC SOFTWARE and the user before the end of the cancellation period.
9.4. Agreement for the performance of services before end of the cancellation period
The user agrees explicitly that SMARTIC SOFTWARE commences with the performance of contractual services before end of the cancellation period. The user has taken note that for this reason and in accordance with § 312 e paragraph 2 BGB deviating from § 357 paragraph 1 BGB he has to pay compensation according to the legal regulations on rescission.
End of the agreement for the performance of services before end of the cancellation period.