Terms of use
last update: 2023-04-05
§1 Scope of application
- On the website localeui.com and associated subdomains (hereinafter "localeUI"), Klind UG (haftungsbeschränkt) offers web-based software for the simple and collaborative maintenance of translation files.
- The following general terms of use (hereinafter "Terms") govern the relationship between Klind UG (haftungsbeschränkt) - hereinafter also referred to as the "Operator" - and the customer on localeUI. Any natural or legal person registered on localeUI is considered a customer.
§2 Contract conclusion
- To use the web-based software provided on localeUI, the creation of a customer account (hereinafter "Account") is required. An account is necessary to create a project and associated contributions.
- To create an account, an email address, a username, and a password must be provided. By creating an account, the customer submits a binding offer to conclude a contract for the free use of localeUI. After creating the account, the customer receives an email to verify the provided email address. With this email, the operator accepts the offer of the customer and the contract is concluded.
- The free use of the software is limited in function and scope of services. If the free function and service scope is not sufficient, the customer may switch to paid use with a more extensive function and service scope. For this purpose, the customer can create an offer in the account with monthly or annual billing by selecting the desired function and service package as well as billing period, invoice recipient, and billing address. By submitting this data, a contract for the paid use of localeUI is concluded between the operator and the customer.
§3 Services
- For the duration of the contract, the operator provides the customer with the localeUI software in its current version for use via the internet. The function and service scope depends on the contractually agreed package.
- The function and service scope of the packages results from the service description on the website under the sections "Features" and "Prices".
- If the function and service scope of the packages described on the website is not sufficient for the customer, the customer may contact the operator directly by email (service@localeUI.com) to negotiate and contractually agree on an individual package tailored to the customer requirements.
- The operator continuously monitors the application for functionality. Errors that prevent smooth use are corrected as quickly as technically possible.
§4 Availability
- localeUI has an availability of 24 hours per day. However, required maintenance work may result in interruptions of availability. Interruptions may also occur due to reasons beyond the operator responsibility, such as force majeure.
- The operator points out that it is technically impossible to provide the application free of errors of any kind. For this reason, the operator assumes no responsibility for this.
- Errors may lead to a temporary outage of localeUI.
- Furthermore, the availability of localeUI depends on conditions outside the operator influence, such as the transmission performance of users. The operator is not responsible for disruptions in this area.
§5 Remuneration and payment terms
- The prices stated on the website at the time the offer is created are decisive for the contract remuneration. The prices shown there are monthly net prices in euros. If the operator must charge VAT for the customer, this will also be charged and shown on the invoice.
- The amount of remuneration depends on the selected function and service package. The prices and scope of functions and services of the individual packages can also be found on the website.
- When concluding a contract for paid use of the software, the customer may also choose between monthly and annual billing. The remuneration for annual billing corresponds to ten times the monthly remuneration.
- If the customer has contractually agreed an individual function and service package with the operator, remuneration is based on the remuneration agreed in the contract.
- Regardless of the selected package and billing period, all payments are due in advance upon invoicing. After concluding a contract, the customer receives an invoice that must be paid within 14 days.
- The customer is in default if no payment for the invoice has been received in the operator account by the payment deadline stated on the invoice. In case of customer default, the operator reserves the right to block customer access immediately. In such a case, the customer payment obligation remains in force. In addition, the customer undertakes to pay any default interest and reminder fees. Damages resulting from the blocking of an account due to customer default cannot be asserted against the operator.
§6 Rights of use
- The customer receives a simple, non-exclusive, non-transferable right to use localeUI, limited to the term of the contract.
§7 Customer obligations to cooperate
- The customer undertakes to use localeUI only within the contractually agreed and applicable legal rules. In particular, the customer undertakes not to violate third-party rights.
- The customer also undertakes not to misuse localeUI; this includes, among other things, not introducing files into the system that compromise the system or negatively affect availability in an unusual manner.
- The customer undertakes to create the technical prerequisites for accessing and using the software via the internet.
- The customer undertakes to take suitable precautions to prevent unauthorized third-party access to localeUI. This includes keeping access data secret and stored securely.
- The customer undertakes to inform the operator immediately if there is suspicion of misuse of the application or suspicion of a data protection violation. In addition, the customer undertakes to inform the operator about occurring errors.
§8 Liability
- The operator is liable in accordance with statutory provisions only for damage to the customer resulting from injury to life, body, health, or fraudulent intent, as well as for other damage based on intentional or grossly negligent breach of duty by the operator or one of its legal representatives or vicarious agents.
- In addition, for contracts regarding paid use of the software, the operator is liable for the breach of essential contractual obligations, provided the damage was caused by simple negligence. Essential contractual obligations are obligations whose fulfillment is indispensable for achieving the contract objectives.
§9 Term, termination, return and deletion of data
- By concluding a contract for the free use of localeUI, a SaaS contract for an indefinite period is concluded. It may be terminated by either party at any time at the end of a current month. The customer can terminate a contract for free use in the account by deleting the account.
- A contract for paid use of localeUI with monthly billing has a minimum term of one month. A contract with annual billing has a minimum term of one year. Paid contracts begin on the date of conclusion and may be terminated at the end of each minimum term. For this, the customer can change the selected package to a free version for the corresponding team.
- If no termination of a paid contract is given, the contract is extended at the end of the term by one extension period. The extension period is one month for monthly billing and one year for annual billing.
- The operator has the right to terminate paid contracts with one month notice.
- After termination of an account, all data assigned to the account is deleted. Excluded from this is data required to display reports in teams and games not created by the account itself.
- If the customer wishes the release and deletion of own data, the customer must contact the operator directly by email (service@localeui.com). An account may only be deleted after receipt of own data, as otherwise the operator no longer has any possibility to transfer the data.
§10 Data protection and data security
- To provide the service, it is necessary for the operator to collect and process personal data with customer consent or within the framework of applicable legal provisions. For this reason, consent to the privacy policy is mandatory for creating a customer account.
- The contracting parties undertake not to disclose or exploit confidential information that becomes known to them during the performance of this contract. Furthermore, the contracting parties undertake to treat such information confidentially and use it only for contractually agreed purposes.
- localeUI uses HTTPS protocol encryption so that all data is protected during transmission.
§11 Final provisions
- Users may conclude contracts in the languages in which these Terms are available on localeUI. The law of the Federal Republic of Germany applies exclusively, with explicit exclusion of the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction and place of performance is the registered office of the operator.
- The operator reserves the right to make changes to localeUI, regulations, terms, and these Terms at any time. The user agrees to the amended Terms by continuing to use localeUI after these updates.
- If individual provisions of these Terms are wholly or partially invalid, this does not affect the validity of the remaining provisions. In such a case, the respective provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the wholly or partially invalid provision.