Please read these general terms and conditions ("GTC") carefully as they govern your use of all products and services (collectively, the "services").
Essbaumer Obolensky eG
Seehof 8593 Kesswil CH
The GTC apply to all business relations of Essbaumer Obolensky eG ("company ", " we ", " us ").
We may modify the agreement from time to time for legitimate reasons, such as to improve existing features or implement new features. If we make material changes, we will adequately notify you, for example, by displaying a notice on the website or by sending you an email message.
To use the platform, you must be (i) at least 18 years of age or (ii) at least 16 years of age and have the consent of a parent or guardian. You also represent and warrant that the information you submit is truthful, accurate and complete.
The creation of an account is required for the use of our platform. Your email address and password are for your personal use only and should be kept confidential. We do not have the ability to access your password. You understand that you are responsible for any use of your username (email address) and password that you authorize, and for any unauthorized use that you could have prevented if you had exercised reasonable care. If your username or password is lost or stolen, or if you suspect that a third party has had unauthorized access to your account, please notify us by email to firstname.lastname@example.org and change your password as soon as possible.
Use of the services will require one or more compatible devices and internet access (fees may apply), and updates or upgrades may occasionally be required. Your ability to access and use our services is dependent upon the performance of the devices and internet access. You acknowledge and agree that such system requirements are your responsibility.
Subscription offers and prices, as well as their scope and content, are subject to change without notice, except as required by law. Subscription prices may include VAT and/or other taxes. All prices are in Euro unless otherwise stated.
We occasionally offer various free trial subscriptions. Trial subscriptions are subject to these GTC unless otherwise stated in th eoffer. Users of these trial subscriptions may choose through their account not to enter into a paid subscription after using the free trial subscription.
You can cancel your subscription under the account settings or by sending an email to email@example.com. If you cancel the subscription within 14 days after your registration or after converting from a free trial subscription to a paid subscription, we will refund you the entire subscription fees. However, we reserve the right to deduct a fee from you for the service usage that has occurred.
When you purchase a subscription, you authorize us to collect the then applicable fee through our payment processor, including taxes. If you do not notify us of your cancellation prior to being billed, you agree that your subscription will automatically renew. If payment for your subscription is not possible through the payment method you have provided, your subscription will be terminated unless you provide us with a new payment method. If a new payment method is provided and the debit is successfully made before the subscription is cancelled, your new subscription period will start according to the original billing date and not from the date of the payment made. All payment settings can be changed in the settings of your account.
You agree that you will not use our services to (i) record video sessions, (ii) engage in any illegal, fraudulent, false, or misleading activity, (iii) transmit through the services any material that infringes any intellectual property or other rights of any third party, (iv) develop a competitive or benchmark product or copy any features, functions, or graphics of the services, or (v) use the services to harass, defame, threaten, or otherwise engage in unlawful conduct against other users, (vi) upload or transmit any software, content, or code that harms, disrupts, negatively affects, makes impossible, or is intended to harm the performance of the services in any way, (vii) use the services in violation of our terms or in a manner that violates any applicable law.
We are authorized to warn a user or exclude him from using our services if there are credible, concrete indications that this user has violated these GTC. Such indicators can be submitted through the reporting function during the video session.
You agree to indemnify, defend and hold harmless Essbaumer Obolensky eG, its officers, directors, employees, agents and consultants from and against any liabilities, claims, damages and/or expenses of third parties arising out of your use of our services, your violation of this agreement, or the disregard or infringement by you or any other user of your account of any intellectual property or other rights of any person or entity.
You acknowledge that our services are provided "as is" and we disclaim all warranties, express or implied. This applies in particular to the fact that the services meet the requirements of the users or that the services are uninterrupted, timely, secure and / or trouble-free access. The use of the services is at your own risk. You alone are responsible for any damages that you may incur as a result of using the services.
To the extent permitted by law, Essbaumer Obolensky eG shall in no event be liable for any damages arising out of or in any way connected with your use of our services or any inability to use our services. We do not play an active role as an operator, which gives us knowledge of specific illegal actions of our users or control of content.
Some of the services we offer are provided by third parties. These third parties may change the services they offer. We are not liable for third party providers or the functions of these services.
If individual provisions of this contract are invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
The place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship is in Kesswil Canton Thurgau, Switzerland. Swiss law is applicable.