Termini & Condizioni

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Table of Contents

  1. Applicability and General Information
  2. Conclusion of Contract and Registration
  3. Website Content
  4. Obligations of the User
  5. Guarantee and Liability
  6. Exemption
  7. Termination
  8. Changes to the TOU
  9. Final Provisions

1. Applicability and General InformationApplicability and General Information

  1. These terms of use (hereafter referred to as “TOU”) apply to the usage of the online services of calcscout.com (hereafter referred to as “Website”) by the user (hereafter referred to as “User”). calcscout.com operates from CalcS`cout [...] (hereafter referred to as “Provider”) at [address] Berlin, Germany.
  2. The Provider shall perform its services exclusively on the basis of this TOU, so long as nothing else has been agreed in writing between the User and the Provider. The validity of any of the User’s general business terms and conditions shall not be permitted. Such terms shall only be considered part of the Contract if expressly agreed upon in writing.
  3. The Contract language shall only be English or German.
  4. A current version of this TOU can be found at calcscout.com/terms-of-use
  5. The Provider shall not retain a copy of these TOU and shall not make them accessible.

2. Conclusion of Contract and RegistrationConclusion of Contract and Registration

  1. User agreement will appear in the process of registration for using calcscout PRO or calcscout ENT tiers.
  2. The user agreement is relevant to calcscout PRO or calcscout ENT tiers of calcscout.
  3. Before the User is able to use calcscout PRO and calcscout ENT the User must agree to the TOU by checking a box.
  4. User is required to provide his valid e-mail address ('login details') in order to be able to use calcscout PRO or calcscout ENT services. A user account is not required to use FREE tier of calcscout.
  5. The creation of a user account is only possible by supplying a valid e-mail address, name, surname and (if user represent a company) company name. This e-mail address also helps facilitate communication with the Provider.
  6. The User shall ensure that all of the information listed and stored in his account is up-to-date and correct. The use of pseudonyms is not permitted. If any of the listed data changes, then it is to be corrected.
  7. The User is not entitled to the activation of the user account. The Provider can choose not to activate without providing any reason or can undo it at anytime.
  8. The User is obligated to treat their login details carefully. It is forbidden for the User to share their login details with a third party or to provide access of their user account to a third party. The User is responsible to the Provider for the behavior of third parties to whom their login details have been shared, as well as for their own behavior. If the User suspects that their login details are being misused, the User is to immediately make the Provider aware of this.

3. Website ContentWebsite Content

  1. The User is not entitled to the continuance of individual free functions, services or sections of the Website. The Provider reserves the right to change, discontinue or charge for any or all parts of its functions, services or sections of the Website without prior notice.
  2. The Provider reserves the right to lock access to certain content, such as if there is reason to suspect that current law or the rights of a third party are being violated.
  3. The Provider shall strive to ensure that the Website operates without problems. This is of course limited to the services which reside under the control of the Provider.
  4. The Provider reserves the right, partially or totally, as well as temporarily or permanently, to limit access to the portal on account of maintenance, capacity constraints or on account of other developments that reside outside of its power.
  5. All calculators available on the Website are provided to help the User with various tasks, but should not be used as the only source of truth. Calculators from calcscout are just helpers, NOT definite decision-making tools. Calculators may contain inconsistencies and potential errors. The User should not make any decision based only on the results of calculations from the Website.

4. Obligations of the UserObligations of the User

  1. The User must refrain from all activity that may impair and/or severely hamper the operation of the Website, the services provided and/or the underlying technical infrastructure. This includes, in particular
    • The use of software, scripts or databases in conjunction with use of the Website
    • Automatic reading, blocking, overwriting, modification, or copying of data, so long as this is not necessary for proper use of the Website
  2. The User is forbidden from the unauthorized continued use, reproduction and/or publication of any data retrieved from the Website.
  3. The User may not use, either in part or in whole, data received from or made accessible on the Website
    • To create any form of database and/or
    • For commercial data evaluation or information exchange and/or
    • For any other commercial purposes
  4. Should the User encounter any disruptions in the operation or functions of the portal, the User is to notify the Provider of this disruption immediately.
  5. Without the express permission of the Provider, the User may only use the Website for private purposes and not for advertising for their self or for third parties.

5. Guarantee and LiabilityGuarantee and Liability

  1. All calculators and content of the Website must be used by the User only as a helper tool and not as a definite decision making tool. As a result the Provider does not have any responsibility or liability towards the User or any third party in relation to the results of the calculations done on the Website.
  2. This limitation of liability also applies for the agents of the Provider.
  3. The User assumes liability for all activities that take place under the usage of their account. The User does not assume responsibility if the misuse of the account is not their fault because they have not violated their obligation to exercise diligence.

6. ExemptionExemption

The User exempts the Provider and its employees and/or representatives from claims concerning the supposed or actual violation of rights and/or all claims resulting from the violation of the rights of a third party in relation to activities pertaining to usage of the Website. Furthermore, the User is obligated to cover all costs that arise for the Provider from the claims of third parties. The eligible costs also include the costs for an appropriate legal defense.

The User exempts the Provider and its employees and/or representatives from any claim resulting from the usage of calculators or content of the Website.

7. TerminationTermination

  1. The contractual relationships between the users and the Provider run for an indefinite period and can be terminated at any time without a notice period and without providing any reason.
  2. In addition, the right of the parties to the extraordinary termination for just cause remains unaffected.
  3. In the event of a termination, the User will no longer have access to their user account and their content.

8. Changes to the TOUChanges to the TOU

The Provider is entitled to change or to supplement the TOU with appropriate notice. The Provider will notify the registered User about changes or additions to these TOU in text by e-mail or upon logging in, without the altered individual terms or the entire new version of terms needing to be sent or outlined; it is sufficient for the notice about the change to be a link to the changed TOU. If the User does not object to the change within 14 days after having learned of the new text, this is considered agreement to the change; the Provider will always clarify this fact for the User in the change notification. Should the User object within the deadline, the Provider is entitled to terminate usage at the time from which the altered or added business terms come into effect, but at least two weeks after the expiry of the objection deadline. Reference § 7 for the arrangements of termination.

9. Final ProvisionsFinal Provisions

  1. Should the Contract contain ineffective provisions, the effectiveness of the overall Contract shall remain unaffected.
  2. If the User is a merchant, a legal entity of public law or of special fund under the law, Berlin shall be the place of jurisdiction for all disputes arising from or in connection to the contracts between the User and the Provider.
  3. For any disputes that arise with our customers, we always endeavor to come to a mutual resolution. Furthermore, we are not obligated to participate in a dispute settlement via consumer arbitration and cannot offer you our participation in such a procedure. However, the platform of the EU commission is always available to you for extralegal settlements. The EU commission’s website for online settlements is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN