1. INTRODUCTION

These Terms of Service (hereinafter "ToS") of AMAZD GmbH, Westendstraße 193, 80686 Munich, Germany (hereinafter "AMAZD") apply to all users (hereinafter "Users") of amazd.co (hereinafter "Website"), our mobile and web-based apps (hereinafter "App") and all associated widgets, tools, features, applications, data, software, APIs (which may also be subject to separate API terms of use) and the other services provided by AMAZD (hereinafter "Services"). By registering and creating an account with AMAZD, users agree to these ToS. If users do not agree to these ToS, they must refrain from registering.

Our partner companies (hereinafter referred to as "Partners") provide you with their products and service offers (hereinafter referred to as "Product" or "Product Description") via our app and experts of the Partners advise you on the products. The purchase of the product takes place in the store of the Partner. AMAZD does not act as a representative of its Partners. There is no instruction relationship to our Partners, there is no direct contractual relationship with us when buying products. The respective Partner or provider is responsible for the price presentation, availability and delivery of products, the quality, accuracy and completeness of the information as well as for the service. 

AMAZD is then itself a contractual partner when it comes to its own AMAZD products or services.

2. APP 

AMAZD is an app for customers and experts to have personal and stimulating consulting and sales conversations via text messages and (video) call. AMAZD is used by our partners on their channels (e.g. websites).

3. USERS

Users are all end consumers within the meaning of § 13 BGB (German Civil Code) (hereinafter "Users") who use the AMAZD app offer. By creating an account, you guarantee that you have reached the age of 18 and that the registration with AMAZD does not serve commercial purposes. If one of the requirements is not met and you still want to create an account, please contact our support, which will then review your case.

In addition to users, there are persons acting commercially on behalf of companies in the app (hereinafter "experts") as well as companies, agencies, networks and brands (hereinafter "Partners").

Registration with AMAZD and the creation of an account are free of charge. An account can include several profiles.

You agree to provide only true and accurate information when registering. The creation of accounts for third parties is not permitted, unless this has been approved by AMAZD. We reserve the right to block accounts based on false data and to exclude users who violate the ToS from using AMAZD. Only one account may be created per user. An existing account must be deleted before a new account can be registered. Multiple registrations and a new registration for users blocked by AMAZD is prohibited. 

By registering an account and the associated acceptance of our ToS, privacy policy and other rules and regulations, User confirms after receipt and activation of a confirmation e-mail in the double opt-in procedure the creation and activation of his account.

Users are responsible for their own account. Therefore, always handle your data, especially your access data, conscientiously. Each user is responsible for his or her account and is obliged to report any irregularities (suspected hacking or misuse) in order to have the account blocked by AMAZD.

4. CONTENT 

As a user, you grant AMAZD free, non-exclusive, sub-licensable rights to all User Generated Content (hereinafter referred to as "UGC") generated, transmitted, stored or published by you on the app free of charge, non-exclusive, transferable, sublicensable and temporally, spatially and contentwise unrestricted rights (hereinafter "right of use"). Also with the aim of commercial marketing, use and exploitation of UGC by AMAZD.

AMAZD is entitled, but not obliged, to delete or block UGC that violates regulations of these ToS or laws and to temporarily block the account of the responsible user(s) or to terminate the contractual relationship.

Users warrant and represent that they are authorized to grant the right of use in this form to the content uploaded by them and that they may freely dispose of this content in the contractual form. If the user becomes aware that third party rights exist, he or she must inform AMAZD of this immediately. Users hereby indemnify AMAZD against any claims by third parties in this connection and shall reimburse AMAZD for the reasonable costs of any legal defense that may be required.

It is prohibited to record or tape conversations with experts. The publication of recorded conversations is not permitted. Violation of this obligation will result in exclusion from the app and we reserve the right to take further legal action.

5. PROPERTY, USAGE RIGHTS & TRADEMARK RIGHTS

The AMAZD App is the property of AMAZD GmbH and protected by copyright. Copying parts of the app and services is strictly prohibited. The App and all related works, such as the Software and Services, may not be copied or modified in any other way. Reverse engineering is not permitted. Partners permit all Users to use the content / product descriptions made available via the App and, if applicable, via an API within the scope of the rights of use of the App. Use of the content made available via the app and/or API outside the app is not permitted.

The contents presented by AMAZD may be subject to copyright and/or trademark protection by AMAZD or third parties.

Partners are permitted, in consultation with AMAZD, to deny certain users access to Partner Products and Services at any time if they violate these ToS or the Company's usage guidelines.

If your copyright or trademark is infringed, you can contact us here: info@amazd.co.

6. ABUSE 

Misuse or violations of our guidelines, our ToS or applicable law can be reported to us by users via the report function. These reports will be reviewed by us in a reporting process, and we reserve the right to take appropriate steps and delete illegal and/or immoral content from our app without notice.

We reserve the right to block affected user profiles in serious cases for the safety of all parties involved and reserve the right to take legal action.

The following points must be observed when using AMAZD:

• ● Adhere to the TOS and our other guidelines (if relevant).
• ● Do not send spam
• ● Do not mislead anyone
• ● Do not perform fraudulent actions and refrain from criminal behavior (e.g. insults, harassment, Hate Speech & Fake News, dissemination of pornographic content)
• ● Refrain from improper, obscene, infringing and hateful comments

7. COSTS

The use of AMAZD is free of charge for the user. All product descriptions displayed on AMAZD or communicated by the expert correspond to the external offers of our partners. The prices in the store of our partners apply. AMAZD has no influence on the pricing of the partners. This also applies if a different price is displayed or communicated within the scope of the product description.

8. DATA PROTECTION 

Your personal data is safe with us, your data will only be used in the areas you confirmed area of consent and within the framework of the applicable data protection regulations. The respective partner with whose experts you communicate via AMAZD receives your contact data and the content of the communication in order to process this communication and to fulfill any contracts.

Under no circumstances will an AMAZD employee ask for personal data via external channels such as social media or telephone. This only happens via our support. The public sharing of personal information is strictly prohibited for your own protection, AMAZD is not liable for damages caused by negligence.

You can find more information about the scope of data use in our privacy policy. This is available at https://www.amazd.co/legal/en/privacy-policy

9. NOTICE OF TERMINATION

The contract between the user and AMAZD runs for an indefinite period. The contract can be terminated at any time by all users, even without cause. For this purpose, users can send us a notice of termination by e-mail or contact us by mail (see introduction for address). In this case, the account will be permanently deleted.

Upon successful deletion of an account, all personal data will also be permanently deleted from our main user database, this includes social media profiles, profile pictures, email addresses, payment data, address, followers and account settings. 

AMAZD has the right to delete inactive accounts that have not been in use for more than 12 months or have no activity after giving 3 months' notice.

If a user violates these conditions significantly or despite a warning, we are entitled to terminate the contractual relationship without notice and to block access. In this case, we will inform the user of the reasons for the termination by e-mail at least 30 days before the termination takes effect. This period does not apply if we:

1. a) are subject to legal or regulatory obligations that require termination and do not allow us to comply with the deadline;
2. b) exercise the right to termination on the basis of a compelling reason under national law that is in conformity with Union law;
3. c) can prove that the user concerned has repeatedly violated the applicable ToS, which has led to termination by us.

As an alternative to extraordinary termination, we are entitled to delete User Generated Content and other content and to block the user account completely or temporarily. We will inform the user of the reasons for termination or blocking of the user account by e-mail before or at the same time as the termination or blocking.

10. LIABILITIES

AMAZD is not liable for:

• ● User-generated content and the content quality of product recommendations
• ● Content displayed on AMAZD, including video, text, image and other information.
• ● Purchase and contracting between users, AMAZD assumes no liability for new or existing contracts and related services.
• ● Uninterrupted accessibility of all functions, APIs, the availability of all partner programs and the associated products and services
• ● for external content, websites and partner content.
• ● improper links and external content, all partners and external website operators are responsible for their own content

Liability of AMAZD - irrespective of the legal grounds - shall only arise if the damage is

1. (1) has been caused by culpable breach of one of the cardinal obligations or essential secondary obligations in a manner that jeopardizes the achievement of the purpose of the contract, or
2. (2) is due to gross negligence or intent of AMAZD.

If AMAZD is liable in accordance with the preceding paragraph for the breach of a material contractual obligation without gross negligence or intent, the liability shall be limited to the extent of damage that AMAZD typically had to expect at the time of conclusion of the contract due to the circumstances known at that time. This shall apply in the same way to damage caused due to gross negligence or intent on the part of employees of AMAZD's agents who are not AMAZD's managing directors or executive employees. Liability for consequential damage, in particular for loss of profit or compensation for damage to third parties, is excluded unless AMAZD is guilty of intent or gross negligence.

Claims for damages under the Product Liability Act and for damages arising from injury to life, limb or health shall remain unaffected by the above limitations of liability.

AMAZD shall only be liable for the loss of data and programs and their recovery to the extent that this loss could not have been avoided by taking reasonable precautionary measures, in particular by making daily backup copies of all data and programs.

AMAZD shall not be liable for content of other users that was not placed on the platform by AMAZD, provided that AMAZD had no knowledge of the illegality of the content. 

These limitations of liability in favor of AMAZD also apply to legal representatives and vicarious agents of AMAZD.

11. AMENDMENTS

AMAZD reserves the right to change the ToS at any time with effect for the future. AMAZD will announce changes two weeks before implementation via the stored user e-mail addresses. An objection must be made within the set period, without objection the new ToS with all changes will become part of the contract. In case of an objection, AMAZD is entitled to terminate the account to terminate the account. After expiry of the two-week period, the changes shall be deemed to have been accepted. 

12. FINAL PROVISION

German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle). The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

The place of performance for all services arising from the business relationships with us and the place of jurisdiction shall be the registered office of AMAZD, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

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