General terms and conditions

These GTC are applicable to

Users are requested to take careful note of this document.

Although the contractual relationship associated with the Products is solely between the User and the Provider, in cases where this Application is obtained through the Apple App Store, the User acknowledges and agrees that Apple may enforce these TOS as a third party beneficiary.

These GTC do not establish a working agency or partnership relationship between the parties involved.

This application is offered by:

CYTE Technologies AG
Spinnereistra├če 7 Halle 14,
04179 Leipzig

Provider email address: contact@cyte.dev

The most important at a glance


TERMS OF USE

Unless otherwise specified, the terms and conditions set forth in this section apply when accessing this application.

Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are expressly identified in this document.

By using the Service, Users confirm to comply with the following conditions:

Account creation

In order to use the service, users must register or create a user account by providing all data or information required for this purpose completely and truthfully. The service is only available to registered users.

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible via this application.

Upon registration, users agree to be responsible for all actions taken in connection with their username and password. Users are required to notify the Provider immediately and unambiguously via the contact information provided in this document if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.

Conditions for the creation of a user account

The creation of a user account is subject to the following conditions. By registering, the user agrees to comply with these conditions.

Termination of the user account

User accounts can be deleted at any time as follows:

Blocking and deletion of the user account

The Provider reserves the right, at its sole discretion, to block or delete at any time and without notice any user accounts that it deems to be inappropriate or offensive or that it deems to be in violation of these GTC.

Due to the blocking or deletion of user accounts, the user shall not incur any claims for damages, indemnification or reimbursement.

The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

Content available through this application

Unless otherwise stated or clearly identifiable, all content available through this application is owned and provided by the provider or its licensors.

The provider makes every effort to exclude that the content provided via this application violates applicable legislation or third party rights. However, it is not always possible to achieve this result. In such cases, users are requested to preferably address their complaint to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.

Rights to the content available through this application

All rights to the content are reserved by the provider.

Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the service.

In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer to or license to third parties, or enable third parties - even without the user's knowledge - to perform said actions via their own device.

Where expressly indicated through this Application, the User may download, reproduce and/or distribute selected Content available through this Application for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the Provider are properly affixed.

Statutory limits or exceptions remain unaffected.

User content

Users have the ability to upload, share or provide their own content on this application.

By uploading, sharing or providing their content as described, users warrant that they are authorized to do so and that they are not violating any laws or third party rights.

By uploading their own content to this application, users grant the provider a non-exclusive, geographically and temporally unlimited, royalty-free, irrevocable, sublicensable and transferable right to access the content, as well as to use, store, to reproduce, modify, distribute, publish, edit and transform as derivative works, broadcast, stream, transmit or otherwise exploit the content in order to provide its own service and to advertise it in all media and in any manner.

To the extent permitted by law, users waive the exercise of any moral rights in connection with content submitted to this application.

Users acknowledge, accept and confirm that all Content they make available through this Application is made available under the same general terms and conditions applicable to other Content made available through this Application.

Users are responsible for content they upload to, post, share or make available through this application.

Users acknowledge and accept that the Provider will filter or moderate such content in advance.

Provider therefore reserves the right to reject, censor, remove, delete, block or correct such content at its sole discretion and to deny the uploading user access to this application without prior notice if it believes that the content violates legal regulations or third party rights, or may otherwise adversely affect users, third parties, providers and/or the availability of the service.

Due to the removal, deletion, blocking or correction of content, the user responsible for the content concerned shall not incur any claims for damages or reimbursement.

Users agree to hold the Provider harmless from any claims and/or damages arising out of or in connection with any content they provide through this application.

Removal of content from parts of this application available through the App Store.

If the offending content is deemed objectionable, it will be removed within 24 hours and the responsible user will be denied access to the service.

Access to external resources

Users may be able to access external resources provided by third parties through this application. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability. The terms and conditions under which such resources provided by third parties are available and under which rights to use such content, if any, are granted are governed by the contractual terms of each third party or, in the alternative, by applicable law.

Permitted use

This application and the service may only be used as intended and in accordance with these GTC as well as in accordance with the respective applicable legal regulations.

Users are responsible for ensuring that their access to this application and/or use of the Service does not violate any laws, regulations or third party rights.

Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying Users access to this Application or the Service, terminating contracts, reporting objectionable acts taking place through this Application or the Service to the competent authorities - such as judicial or administrative authorities - if Users prove or presumably:

Software license

All rights to the software or the technical solutions on which this application is based, or which are embedded in, integrated into or connected with it, are the exclusive property of the Provider and/or its licensors.

Subject to the condition that the User complies with these GTC and notwithstanding any deviating provisions of these GTC, the Provider grants the User only a freely revocable, non-exclusive, non-sublicensable and non-transferable right to use the Software and/or other solutions integrated into the Service within the scope and for the purposes of the intended use of the Service offered.

In particular, users are not granted any right to access the source code or to use or pass on the source code. Rights to all processes, algorithms and technical solutions contained or integrated in the software and all associated documentation are the exclusive property of the provider or its licensors.

All grants of rights and licenses shall automatically lapse upon termination of the agreement - for whatever reason.

Notwithstanding the foregoing, under this License, Users may download, install, run and use the Software on the Permitted Number of Devices, provided that the Devices comply with common and current technology and market standards.

The Provider reserves the right to issue updates, bug fixes and further developments for this application and/or the related software and to make them available to Users free of charge. Users may be required to download and install such updates in order to continue using this Application and/or the related software.

New versions may only be available for a fee.

Each user may download, install, run and use the software on an unlimited number of devices.

TERMS OF SALE

Licenses with costs

Some of the usage licenses available through this application as part of the Service are subject to a fee, in particular access to the neco Corporate CMS on necoweb.dev.

Prices, terms and other conditions applicable to the purchase of such licenses are described below. In all other respects, reference is made to this application and to the respective sections provided therefor.

Description

Pricing, descriptions and availability of license models are available in the appropriate areas through this application and are subject to change without notice.

Although license models are presented through this application with the greatest possible technical care, representations of any kind (including graphical representations, images, colors, sounds) are for reference only and do not constitute a warranty as to the characteristics of the purchased license.

The features of the selected license will be explained during the purchase process.

Purchase process

All steps from selecting a license to placing an order are part of the purchase process.

The purchase process includes the following steps:

Order task

When the user places an order, the following applies:

Prices

Users will be informed of all fees, taxes and charges (including any shipping charges) to be paid by them during the checkout process and before placing the order.

The prices are displayed via this application as follows:

Payment methods

Information on accepted payment methods will be provided during the checkout process.

The fees for the selected tariff will be charged to the user. The selection of the tariff is implied by the registration of the users in the neco CMS by the customer.

Billing takes place monthly via the payment service provider Stripe. Furthermore, the terms and conditions of the payment provider apply, which can be viewed at https://stripe.com/de-us/legal/end-users

Retention of title

The licenses ordered shall only become the property of the user upon receipt of payment of the full purchase price by the provider.

Maintenance of the rights of use

Users do not acquire any rights to use the purchased product until the full purchase price has been received by the Provider.

Contractual right of withdrawal

The Provider grants the Users a contractual right to withdraw from the Contract under the terms and conditions described in the relevant section on this Application within 30 days of the conclusion of the Contract.

Delivery

Provision of digital content

Unless otherwise specified, digital content purchased through this application is delivered via the web or transferred via download to users' chosen devices.

Users acknowledge and accept that the device(s) and respective software (including operating systems and browsers) intended to download and/or use the Product/License must be legal, in common use, up-to-date, and in compliance with current market standards.

Users acknowledge and accept that the ability to download the purchased product may be limited in time and space.

Contract period

Subscriptions

Subscriptions allow users to receive a product continuously or regularly over a period of time.

Paid subscriptions start on the day the payment is received by the provider.

To maintain subscriptions, users must pay the required recurring fee on time. Failure to do so may result in interruptions to the service.

Subscriptions with fixed term

Paid subscriptions with a fixed term begin on the day payment is received by the provider and have the term selected by the user or specified when the order is placed.

After the expiration of the subscription term, the Product will no longer be accessible unless the User renews the subscription by paying the corresponding fee.

Subscriptions with a fixed term cannot be terminated prematurely. They end when the subscription term expires.

Automatic extension

Subscriptions are automatically renewed using the payment method selected by the User at the time of purchase, unless the User cancels the subscription within the notice periods specified in the relevant section of these TOS and/or via this Application.

The term of the renewed subscription is the same as the original term.

The user will receive a reminder of the upcoming renewal with reasonable advance notice. This includes instructions on how to deactivate the automatic renewal.

Cancellation

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous notice of termination to the Provider at the end of the following month. For this purpose, users shall use the contact details provided in this document, or - if possible - the corresponding controls provided via this application.

Cancellation letter

If the cancellation letter is received by the provider before the subscription is renewed, the cancellation will take effect at the end of the current term.

Cancellation of unlimited subscriptions

Unlimited subscriptions may be terminated at any time by a clear and unambiguous declaration of termination to the Provider. For this purpose, users shall use the contact details provided in this document. Cancellations become effective 28 days after receipt of the cancellation letter by the provider.

Provisions for additional functions

Users with an active subscription, can purchase individual additional add-ons or features. This application provides details of this to users in the relevant section of the service. Unless otherwise specified, these extras are subject to the same terms and conditions as the main product, including all provisions of this document.

Liability and compensation

EU users

Compensation

To the fullest extent permitted by applicable law, User agrees to indemnify and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from any claim or demand, including but not limited to attorneys' fees and costs, made by any third party, asserted by reason of or in connection with any criminal use of or connection to the Service, violation of these TOS, infringement of any third party rights or violation of any law by User or its affiliates, officers, directors, agents, co-branders, partners and employees.

Limitation of liability

Unless expressly stated otherwise and without prejudice to the applicable statutory product liability provisions, Users shall have no right to claim damages against the Provider (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity as well as damages due to the violation of an essential contractual obligation, such as an obligation that is absolutely necessary to achieve the purpose of the contract and/or damages due to intent or gross negligence, provided that this application was used properly and correctly by the user.

Unless damage is caused intentionally or by gross negligence or affects life, health or physical integrity, the provider is liable only to the extent of typical and foreseeable damage at the time of conclusion of the contract.

In particular, the provider is not liable within the aforementioned limits for:

Regardless, the following restriction applies to all users who are not acting as consumers:

In any liability case, the compensation shall not exceed the total payments that the Provider has received, will receive, or would receive from the User under the Agreement over a 12-month period, or the term of the Agreement if shorter than 12 months.

Users in Australia

Limitation of Liability

Warranties, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) are not affected in any way by the provisions of these TOS. The same applies to any similar mandatory national or territorial laws that give users indispensable rights. To the extent permitted by law, our liability to Users - including liability for breach of a mandatory right and any other liability not excluded by these T&Cs - shall be limited, in the reasonable discretion of the Provider, to supplementary performance or reimbursement of the costs incurred for the renewed provision of the Services.

Users in the USA

Disclaimer of warranty

This application is provided and made available solely on an "as is" and "as available" basis. Use of the service is at your own risk. Provider expressly disclaims all conditions, representations and warranties - express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement to the extent permitted by law. Any advice or information, whether oral or written, obtained by User from Provider or through the Service shall not create any warranty unless expressly stated.

Notwithstanding the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Content will be reliable, accurate or correct; that the Service will meet users' expectations; that the Service will be uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. All content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users are solely responsible for any damage to User's computer system or mobile device or loss of data that results from such download or User's use of the Service.

The Provider does not warrant or assume any responsibility for, nor endorse, any products or services advertised or offered by any third party through the Service or any hyperlinked website or service. Transactions between Users and third party providers of products or services are neither mediated nor monitored by the Provider.

The Service may become inaccessible or may not function properly with the user's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation or use of this service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to users. This Agreement gives Users certain rights, while it may give Users other rights depending on the jurisdiction. The disclaimers, exclusions, and limitations of liability under the Agreement are void where prohibited by applicable law.

Limitation of liability

the defamatory, offensive or illegal conduct of any user or third party. Any liability of Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, revenues, liabilities, obligations, damages, losses or costs shall be limited in amount to the amount paid under this Agreement by User to Provider in the preceding 12 months or, if less, over the entire term of this Agreement between Provider and User.

This limitation of liability applies to the fullest extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the provider has been advised of the possibility of such damages.

Compensation

User agrees to indemnify, defend and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, but not limited to, legal fees and expenses, arising out of or in connection with

Common provisions

No waiver

Failure by the Provider to assert any right under these TOS or to enforce any provision hereof shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

In order to ensure the best possible service, the Provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform the users appropriately.

Within the limits of the law, the Provider may also decide to suspend or terminate the Service entirely. In case of termination of the Service, the Provider will cooperate with the Users to enable them to delete personal data or information in accordance with the applicable law.

In addition, the Service may be unavailable for reasons beyond the control of the Provider, such as "force majeure" (e.g., labor disputes, infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this Application and Service in any way without the express prior written permission of Provider, granted either directly or through a lawful reseller program.

Privacy policy

To learn more about the use of their personal data, users can view the service's privacy policy.

Intellectual property rights

Notwithstanding any more specific provisions of these TOS, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Service (this Application) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

All trademarks, names or figurative marks - and any other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Application) are and shall remain the exclusive property of Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

Changes to these GTC

The Provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will inform the user appropriately about these changes.

Such changes affect the relationship with the user only for the future.

By continuing to use the service, the user accepts the amended GTC. If the users do not want to be bound by the changes, they must stop using the service. If the revised terms are not accepted, either party may terminate the contract.

For the relationship prior to the acceptance of the amendments by the User, the respective valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.

If required by the applicable law, the Provider shall specify the date from which the amended GTC shall apply.

Assignment of rights and obligations

The Provider reserves the right, taking into account the legitimate interests of the User, to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC. The provisions on amendments to the GTC shall apply accordingly.

Users may not assign or transfer their rights or obligations under the GTC in any way without the Provider's written consent.

Contacts

All communications related to the use of the Service (this Application) must be sent to the contact information provided in this document.

Severability clause

If any provision of these TOS is or becomes invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any such invalid or unenforceable provisions shall be interpreted and modified to the extent that they become valid, enforceable and in accordance with the original purpose. These GTC constitute the entire agreement between Users and the Provider on the subject matter of the Agreement and shall prevail over any other communications between the parties on the same subject matter, including any prior agreements. These GTC will be enforced to the extent permitted by law.

EU users

If any provision of these GTC is or is deemed to be invalid, or invalid or deemed to be invalid, the parties shall do their best to reach an agreement on valid and enforceable provisions in an amicable manner, thus replacing the invalid, void or unenforceable parts. Otherwise, the ineffective, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if this is permissible or provided for under the applicable law.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of individual provisions of these GTC shall not result in the nullity of the entire agreement, unless such provisions are essential to the contract or of such importance that the parties would not have entered into the contract had they known of the invalidity of the provision. If the remaining terms would result in undue hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.

Authoritative version of these GTC

These GTC are created and revised in the following language: German. Other language versions of these GTC are provided for information purposes only. In case of discrepancies between different language versions, the original version shall always prevail.

Applicable law

These TOS shall be governed by the laws of the place where the Provider has its registered office, with the exception of conflict of law provisions. Users can find the indication of the registered office in the corresponding section of this document.

Exception for European consumers

Notwithstanding the foregoing, users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection shall be subject to that higher standard.

Jurisdiction

The courts of the place where the Provider has its registered office - as indicated in this document - shall have exclusive jurisdiction over any disputes arising out of or in connection with these GTC.

Definitions and legal information

This application (or this application)

The application through which the provision of the service is enabled.

Agreement

Any legally binding or contractual relationship between Provider and User governed by these GTC.

Business users

Any user who is not acting as a consumer.

European (or Europe)

Refers to any user located within the EU or whose place of business is within the EU, regardless of nationality.

Provider (or We)

Is the natural person(s) or legal entity(ies) providing this Application and/or Service to Users.

Product

A good or service offered for purchase through this application, such as physical goods, digital files, software, booking services, etc.

Offering products may be part of the service defined above.

Service

The Service provided through this Application as described in these TOS and on the Service (this Application).

AGB

All terms and conditions applicable to the use of the Service as described in this document and/or to this Application, including any related documents or agreements, as amended from time to time.

User (or you)

Is any natural or legal person who uses this application.

Consumer

Any user who uses goods or services for purposes that are outside his or her trade, business, craft or profession.

Last updated: 05.04.2023