1. Scope and Subject of Contract
These contract terms shall apply for the use of the software (webbased software as a Service ´SaaS´) of Harmonia Logic AG, Hildegardstraße 4, 10715 Berlin, Germany, offered on the websites www.harmonicguides.com, www.harmonicbusinessguides.com, www.harmonicfounderguides.com and www.harmonicmasters.com, called hereafter „services“.
By our services we allow you to use the software stored and operating on our servers, respectively on servers of a third-party commissioned by us, via an internet connection during the term of this contract for your own purposes and to store and process your data with the aid of the software.
With submission of your order, respectively your registration as user on our websites, you agree to these contract terms in the version applicable on conclusion of contract. These contract terms shall also apply for future contract relationships.
These contract terms shall apply both vis-a-vis entrepreneurs pursuant to § 14 German Civil Code as well as consumers pursuant to § 13 German Civil Code. A consumer is every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. Insofar as expressly indicated, individual provisions of these contract terms shall not or only in modified form apply for consumers; the application of these contract terms in all other regards, both for entrepreneurs as well as for consumers shall remain unaffected.
These contract terms shall apply exclusively. Your contract terms shall not apply. Counter confirmation from you with reference to your own terms of business are expressly rejected.
2. Notice of Right of Revocation (only for CONSUMERS)
2.1 Right of Revocation
As consumer, you have the right to revoke this contract within a period of 14 days without any requirement to provide a reason. The period within which the right of revocation may be exercised shall begin on the date of conclusion of contract; we expressly refer here to rules on the exclusion of the right of revocation for digital contents - cf. Section 2.3 below. The timely dispatch of unambiguous notice of your decision to us (Harmonia Logic AG, Hildegardstrasse 4, 10715 Berlin, Germany, contact(at)harmonicguides.com) shall suffice to effect revocation of this contract. You may also submit this notice using the contact form accessible from any of our websites, or by e-mail or telephone. Our telephone number as well as e-mail address can be found on any of our websites in the imprint.
2.2 Consequences of Revocation
In case of an effective revocation of a pay version, each party shall make immediate reimbursement, at the very latest within 14 days, of any services received or of any benefit gained (e.g. interest). Should you not be able to reimburse services received or are only able to do so partially or in inferior quality, you shall be required to pay compensation to Harmonia Logic AG accordingly. You must fulfil all duties of reimbursement of payments within 30 days after dispatch of your notice of revocation. For reimbursement we will use the same payment method that you used for the initial transaction, if not explicitely agreed otherwise with you. However you will never have to pay the expenses of the payment for reimbursement.
2.3 Premature Expiry of Right of Revocation
In the case of a contract for the supply of digital contents which are not stored on physical data media, your right of revocation shall expire according to § 356 (V) BGB, once we have commenced performance of the contract after you
- have expressly agreed that we begin with the performance of contract before expiry of the revocation period
- you have confirmed that you are aware that with this consent you lose your right of revocation upon our beginning of performance under this contract.
As the performance of the contract commences immediately after receiving your order (meaning that we immediately begin with the supply of our services), there will practically be little time for you to exercise your right of revocation. Because the expiry of your right of revocation depends solely on the beginning of the supply of the services by us, not on the beginning of your using it. That is why the expiry will be in effect with the automatic sending of the confirmation email with the log-in-link by us, regardless of when or whether you actually click on this link to log-in into the service and start using it. Expiry will only be delayed in case the activation of your account is delayed, e.g. because of technical problems.
3. Online Dispute Resolution for Consumers
For our customers who are consumers, the European Commission provides a platform for extra-judicial online dispute resolution (ODR platform), which can be accessed under https://www.ec.europa.eu/consumers/odr. Our e-mail address can be found in the imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.
4. Registration, Assurances on Registration, Conclusion of Contract
In order to use our services, you must first register on one of the websites listed under 1.1. You expressly warrant that you are of full legal age at the time of registration. You can then access our services via internet using a browser.
With your complete registration, you submit an offer to conclude a contract of use and warrant that all data provided by you on registration are accurate and complete.
Harmonia Logic shall accept this offer by activation of your user account for the services. As a result of this acceptance, the contract between you and us shall be concluded.
By representing and advertising products and services on our websites, we provide no binding offer to purchase certain products or services.
5. Prices and Payment Terms
Harmonia Logic offers registered users two versions of use on its websites:
- a no-cost version, which is functional but time limited (“free version”) as well as
- pay versions on subscription (“pay version”).
Details on fees for the individual pay versions can be found on the websites listed under 1.1. under “Order”. All fees are due for payment immediately upon conclusion of contract for the entire contract term.
After submitting your order you will receive an invoice for the amount payable as part of the same confirmation email that includes your log-in-link. You are under obligation to pay the amount due to the account indicated in the invoice immediately after receiving it.
In case the correct amount is not credited to our account within one week from date of invoice, we are entitled to inactivate your account. If the amount due is not paid within another week after receiving a reminder from us via email, we obtain the right to delete your account for good with all your data stored on our servers.
6. Type and Scope of Service
Harmonia Logic shall make the service in its respective current version available for use at the router point of the data centre in which the server with the software is located (“delivery point”). The software, the processing power and the necessary memory for use shall be made available by us. We are, however, not obliged to ensure the establishment and maintenance of data connection between your systems and the described delivery point.
Insofar as the services operate exclusively on our servers or on a third-party server commissioned by us, you shall not require copyright exploitation rights to the services, nor shall such rights be conceded to you. We shall, however, grant you the non-exclusive, non-transferable right of use, limited to the duration of the contract, to load the user interface of the services for display on the monitor screen in the working memory of the terminal devices used for this end in accordance with contract and to reproduce the user interface in so doing on these terminal devices.
The rights of use granted under 6.2 are limited,
- to the usage of the services for your own concerns and
- to taking and storing screenshots of the results of your usage of the services.
The rights of use granted explicitly do NOT cover: All other known types of use, such as digitalization, multiplication, distribution, display, presentation, broadcasting, public access and reproduction in public by image, audio or data media as well as the right of commercial exploitation of the content by producing or distributing any kind of merchandise, especially interactive and multimedia products (e.g. computer games). It is prohibited to store any content digitally or analogously in any media or database, e.g. for any kind of online use, for any use in social media, print, TV, cinema, theater, videograms (CD, DVD etc.), for any interactive or multimedia use etc.
The same applies to all content on the websites listed under 1.1., especially texts, videos and tutorials.
In the absence of an express agreement to the contrary by the parties, the contractually agreed service shall not be made available to third parties.
7. Availability of the Services
Harmonia Logic points out that limitations or impairments to the services rendered can arise which are beyond the influence of us. These include, in particular, interventions by third parties which do not operate on behalf of us, technical conditions of the internet over which we have no influence, as well as force majeure. Even the hardware and software and technical infrastructure you use can have an impact on services. Insofar as such circumstances impact on the availability or functionality of the service provided by us, this shall have no impact on the conformity with contract of the services rendered.
You shall be obliged to notify any function outages, disruption or impairments of our services without delay and to provide information which is as precise as possible in this respect (via the contact form on our websites or via email to firstname.lastname@example.org). Should you fail to comply with this duty, you are not entitled to reduce the price, to claim for compensation or damages or to terminate the contract without giving an appropriate period of time for remedy.
We reserve the right to change the services offered on our websites at any time and without prior notice or to offer different services, except where this is not reasonable for the user.
8. Your Duties as User
For the use of the services do make sure to satisfy the system requirements as set down in the FAQ section of our websites; you shall bear responsibility in this regard.
Your data will be saved regularly and automatically during your use of the services on our servers. To further save your data as screenshots (e.g. on your devices, on the cloud, on hard drive etc.) shall be your exclusive responsibility.
Insofar as you entrust us with protected contents (e.g graphics, brands and other copyright and trademark protected contents), you shall grant us all rights necessary for the performance of our contractual duties. This includes, in particular, the right to make the corresponding contents accessible to other users. Insofar, you warrant that you own all necessary rights to the entrusted material in order that you may properly grant the corresponding rights to us.
You shall be obliged to comply with applicable laws and third party rights when using the contents and services on our websites. In particular, you shall not
- use offensive or defamatory contents, irrespective of whether these contents affect other users, Harmonia Logics employees or other persons or companies,
- use pornographic contents or contents which breach youth protection legislation, nor shall you advertise, offer or distribute pornographic products or products which contravene youth protection legislation,
- bother other users unreasonably (in particular with spam) - cf. also §7 German Act on Unfair Competition (UWG),
- use legally protected (e.g. by copyright, trademark, patent, industrial design or utility model) contents without authorisation,
- nor shall you advertise, offer or distribute legally protected goods or services nor shall you perform or encourage actions in contravention of competition rules, including progressive customer advertising (such as chain, snow ball or pyramid systems).
The following actions shall also be prohibited:
- Use of mechanisms, software or scripts in connection with the use of our websites as listed under 1.1. You may, however, use the interfaces or software made available to you within the framework of the services offered on our websites.
- Blocking, overwriting, modification, copying, insofar as this is not required for proper use of the services of our websites; copying by way of “robot/crawler” search engine technologies is not required for proper use of our services and is therefore expressly prohibited.
- Distribution and public disclosure of contents of our websites or of other users.
Every act which is capable of impairing the functionality of our infrastructure, in particular, acts capable of placing excess pressure on it.
If third party rights are infringed or statutory provisions contravened by the contents you upload or by the use of services, you shall immediately cease and desist from the use which is contrary to the contractual agreement and/or in breach of statutory provisions.
You shall hold us free of all claims, including damage claims, which other users or third parties assert against us for infringement of their rights as a result of the contents you upload or as a result of your use of services. You shall assume all reasonable costs arising to us as a result of the infringement of third party rights, including the reasonable cost of legal defence. All further rights and damage claims of Harmonia Logic shall remain unaffected.
9. Data Protection, Right of Data Processing, Data Security, Embedded Videos
The personal data indicated by you on registration shall only be collected, stored, processed and used by Harmonia Logic insofar as this is necessary for the performance of contractual duties, in particular for the provision and use of the services offered or where you have consented to the use.
As part of the services Harmonia Logic provides videos, e.g. introductory and exemplary videos, embedded via Youtube. Youtube may thereby collect data on the usage. Some of the data may be made accessable to us in an anonymised form for the improvement of our products, services and the user experience. By registering to our services you expressly is accept and consent to this usage of user data.
Harmonia Logic is committed to compliance with relevant data protection provisions. We refer here to our Data Protection Declaration accessible from any of our websites listed under 1.1.
As regards the data stored by you on allocated memory space,
- you shall be responsible for the compliance with the provisions of the German Federal Data Protection Act, the European General Data Protection Regulation (GDPR) as well as, where necessary, other relevant data protection legislation. If and insofar as you process (e.g. store) personal data of third parties on the IT systems for which we are technically responsible, it shall be your exclusive responsibility to ensure that you comply with the necessary requirements (e.g. consent) pursuant to Art. 6 GDPR for lawful data processing. The processing of special categories of personal data as set down in Art. 9 GDPR (e.g. health data) is strictly prohibited
- we have the right to use the data in an anonymized form for internal research and quality management purposes. We assert that we will never use this data for any marketing purposes.
10. Responsibility for Contents, Data and/or Information on Users
We do not assume any responsibility and liability for the contents, data and/or information made available by users of our websites nor for the contents on linked external websites. In particular, we do not warrant that these contents are accurate, serve a specific purpose nor are able to serve such a purpose.
Insofar as you notice use of our websites as listed under 1.1 which is unlawful or in breach of contract (including the use of pseudonyms or deceptive identities), we kindly ask that you notify us of such using the contact form available on the websites.
11. Customer Service and Support
You can submit questions or declarations in respect of your contract or with regard to our services at any time via the contact form under section „contact“ accessible from all our websites as listed under 1.1. or by e-mail or standard post (adress to be found under section „impress“). We endeavour to reply as soon as possible.
We are committed to make our services available for use everyday at any time (24/7). We are entitled to suspend the availability as far as necessary for maintenance and service purposes. We warrant an availability of 95% of the duration of your subscription. In case of a lower availability you are entitled to a reduction of the price or to the exepctional termination of the contract. Any form of compensation for the non-availability of the services is expicitly excluded.
We attempt to provide our services as such as they will work properly with most types of browsers and browser settings. But as to that we do not assume any responsibility or warranty. You as a user have the opportunity and responsibility
- to check if the service runs to your satisfaction with your preferred browser and browser settings by using the free trial offer and
- to search for alternative browsers or browser settings that may improve your user experience.
13. Liability of Harmonia Logic
Harmonia Logic shall be liable to you in all cases of contractual and non-contractual liability for deliberate acts and for gross negligence in accordance with the statutory provisions for damages or compensation for wasted expenditure.
As our services are browser-based and we do not have any influence on the technology used by the developers of browsers and on the settings selected by you, we explicity exclude any liability as to the full functioning of our services with the browser and the browser settings selected by you. This disclaimer of liability includes any form of warranty (price-reduction, amendment, compensation for damages, termination of contract etc.) as well as any other form of compensation.
In all other cases, we shall be liable only in the case of breach of a contractual duty, for which fulfilment is strictly necessary for proper performance of contract and whose compliance may regularly be relied upon by the customer (cardinal duty); this liability shall be restricted to foreseeable and typical damage. In all other cases, our liability shall be excluded.
14. Termination of Contract, Reimbursement of Advanced Fees
The free version can be terminated at any time without any requirement to specify reason. Please notify us of this using the contact form accessible on any of our websites as listed under 1.1. and indicate your user name and the e-mail address you have registered on our websites. The free version will however terminate at the end of the test period.
The pay versions can be terminated by you or by us without any requirement to specify reason upon notice of four (4) weeks to the end of the minimum usage period specified in the registration process or, thereafter, to the end of any extension period. Notice of termination can be submitted using the contact form (section „contact“) accessible from any of our websites as listed under 1.1, by e-mail or standard post (for address see section „impress“) vis-a-vis Harmonia Logic, respectively yourself. Notice of termination must indicate user name and the e-mail address registered on our websites as listed under 1.1.
The right of both parties to terminate the contract for important reasons shall remain unaffected. An important reason for termination by us shall exist where the continuation of the contract relationship up to expiry of the statutory termination deadline is not reasonable for us, taking into account all circumstances of the individual case and considering the genuine interests of both parties. Important reasons are, in particular, the following events:
- non-compliance with statutory provisions by you;
- the reputation of the services offered by us is impaired, not only to an insignificant extent, by you;
- you advertise for associations, communities, methods or activities which are monitored by security or youth protection authorities;
- you damage one or several other users.
In the event of termination of contract pursuant to this Section we are entitled to terminate without notice any future contracts between the parties (see Sect. 4.3).
Where an important reason exists, we can impose the following sanctions, irrespective of termination:
- deletion of contents uploaded by you;
- issue of a warning;
- (temporary) blocking of access to the services offered by us.
In the event of termination of contract or blocking of access pursuant to this Section, your claim to the reimbursement of any fees paid in advance shall extinguish.
In case of any termination of contract, be it by time or by declaration, we are entitled to delete all user data stored on our servers four weeks after the termnation of the contract. We expressly point out that it is solely your responsibility to save all your data locally by screenshots and advise you to do so in good time before termination of the services.
15. Concluding Provisions
Amendments and supplements to these contract terms must be made in writing for their validity. This shall apply in particular to an agreement to waive this written form requirement.
Should individual provisions of these contract terms be or become void, the validity of the remaining provisions shall be unaffected. The parties undertake to replace the invalid provision with the valid provision which comes closest to the economic purpose of the invalid provisions. The same shall apply mutatis mutandis for any lacunae in this agreement.
Harmonia Logic reserves the right to amend these contract terms at any time without stipulating reasons, unless, this is not reasonable for you. We shall inform you of any amendments to these contract terms in good time. In the absence of any objection from you to the validity of the new contract terms within 14 days of notice of amendment, the amended contract terms shall be deemed to have been accepted by you. We shall remind you in the notice of amendment of your right of objection and the significance of the objection deadline.
In the absence of any agreement to the contrary, you shall be entitled to make all declarations vis-a-vis us by e-mail, using the relevant contact form accessible from any of our websites or by standard post. We shall be entitled to make declarations vis-a-vis yourself by e-mail or by standard post to the addresses which you have indicated as current contact information in your user account.
This contract shall be governed exclusively by the laws of the Federal Republic of Germany. The provisions of UN convention on contracts for the international sale of goods shall not apply. If you are a consumer and at the time of concluding this contract have your ordinary place of residence in another country, the application of mandatory legal provisions in this country shall remain unaffected by the choice of law stipulated in Subsection 1.
If you are a merchant, the exclusive place of jurisdiction shall be Berlin, Germany. In case of doubt the relevant statutory provisions shall apply for local and international jurisdiction.