TERMS OF SERVICE

Last updated: August 2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website (the “Service”) operated by TD Reply GmbH (or “td”, also referred to as “us”, “we”, or “our”).

Full legal notice („Impressum“) »

1. Scope

(1) Your access to and use of our Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users (also “registered users” or “members”), and others who access or use our Service. Your agreement to these Terms and Conditions will remain active, unless ndividual agreements state otherwise, throughout the duration of you having an active account for the Service and/or your usage of the Service.

(2) td may revise these Terms for factual reason at any time and with effect of the date of publishment of the revised Tems on the website. By using this Service you agree to be bound by the then current version of these Terms and Conditions.

(3) Registered users will be notified of changes to the Terms and Conditions via their provided email address. They may object – in written form – to the change within two weeks upon receipt of the notification by sending the objection to the following addresss:

TD Reply GmbH
Lützowstraße 106
10785 Berlin
Germany

If no objection is sent within this time period, the user automatically agrees to the change to the Terms and Conditions. Registered users are free to request deletion of their account at any point (see § 4.4).

2. Free Services

(1) The Service is a free version of the td Trend Sonar for private and commercial use.

(2) We offer a limited set of functionalities for non-paying users of the Service. Users can only access the Trend Explorer with a selection of predefined trends. Not all available data sources of the full version apply to the free Service.

(3) The available functionalities for all users may change considerably without notice. Users are not entitled to having the continuing ability of pre-existing functionalities.

3. Trial Version

(1) All users have the option to sign up for a free trial version with an extended set of functionalities for a limited time period once after initial registration. This is a one-time offer per user.

(2) The trial period is limited to 30 days and ends at the last day exactly at the time of signing up for the trial. The users will be informed about the remaining time within the trial version.

(3) In the trial version of the Service users can access the Trend Detector and Trend Administration. All data sources of the full version are available. Users may create and administrate up to 5 trends with the available tools.

(4) After expiration of the trial period, all created data (i.e. trends) by the user will be deleted.

4. User Accounts

(1) It is necessary to create a user account (“register”) to make use of our Service. All visitors are allowed to register. Multiple accounts per user are not permitted.

(2) Users are obliged to supply correct and truthful data during the registration process. The use of disposable email addresses (“fake email”) is prohibited. Users must keep their password confidential.

(3) The treatment of your personal information is stated in our Privacy Statement. Please do not provide any more information than required during the registration of your account.

(4) We provide the possibility to fully delete a user account. To request deletion, send an email to delete@trend-sonar.com. A deleted account cannot be reactivated. All data and personal information related to the user account will be removed and deleted entirely without delay.

(5) User accounts with false information as well as accounts which violate these Terms and Conditions or a Law of the Federal Republic of Germany may be suspended indefinitely.

(6) Users are responsible for all content produced with their registered account. Users are liable to keep their account passwords confidential and to let us know immediately, if they know about infringement by third parties.

5. Rights of Use

(1) You accept that the technology (code, software, systems, among others) used on this Service is owned by td exclusively, and we reserve the exclusive right to utilize it. All information, content, and sources offered by the Service are protected by copyright and other applicable laws of the Federal Republic of Germany and other countries. You agree not to infringe any intellectual property rights on our website. If you believe you have found content which infringes copyright, please contact us by sending an email to td@reply.de. We will verify your claim and take appropriate action.

(2) We allow the use of trend content for internal analysis, presentations, or documentations, as well as academic/scientific publications (e.g. dissertations).

(3) Visitors and users do not have the right to publish contents of the Service with a commercial background. This includes publication in commercial papers or magazines (digital/analog).

(4) It is in td’s sole discretion to stop providing the Service free of charge and to commercialize all the Service at any time. In this event td will inform the users and give them the possibility to choose between a termination of usage or a continuation in a compensation model.

6. Liability

(1) In no event shall td be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of (or inability to use) the Service, even if td has been advised of the possibility of such damages. In no event shall td be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond td’s reasonable control. td does neither represent nor endorse the accuracy, timeliness or reliability of any facts, opinions, views, statements or recommendations or other information displayed, uploaded or distributed through the Service. You acknowledge that any reliance upon any such facts, opinions, views, statements or recommendations is at your sole risk.

(2) The aforementioned limitations shall not apply and td shall be liable without limitation in case of deliberate acting or omission, in case of the violation of life, body or health, for infringements against the German Product Liability Act (Produkthaftungsgesetz) and in all other cases, in which a limitation of liability is not permitted by law.

6. Warranty / Guaranty

(1) Users are aware that statistics and data supplied by algorithms cannot be used as basis for decisions in particular cases and that they may be inaccurate or require interpretation, without this being implicated.

(2) The Service is provided on an “as is, as available” basis. No warranties or guarantees, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to the Service or any information or software therein.

7. Final Provisions

(1) Unless additional individual agreements explicitly state otherwise, this agreement shall govern the entire relationship between td and the user. Should any of the previous terms of this agreement be or become invalid, the validity of the remaining terms remains untouched and remains in full force and binding. Should td fail to enforce any term of this agreement, it does not constitute a waiver of such term.

(2) Agreements between all parties (including td, partnering companies and applicants) shall be subject to the Law of the Federal Republic of Germany.

(3) If the user is a resident of the United States of America, the agreements between this user and td shall be subject to the Law of the Federal Republic of Germany, with the exception of subject matter concerning federal copyright laws. In cases concerning copyright, the Laws of the United States of America shall apply