Terms of Service
Last updated 12 June 2024
INTRODUCTION
(A) We are Glazed GmbH ('Company', 'we', 'us', or 'our'), a limited liability company under German law registered in the commercial register of the local court of Berlin-Charlottenburg under HRB 254576 B with registered business address at Rotherstraße 24, Berlin 10245. Our VAT number is DE362083389. You can contact us by email at [email protected], or by mail to our business address.
(B) We operate the website https://glazedanalytics.com/ (the 'Site'), as well as any other related products and services we offer (collectively, the 'Services') that refer or link to these legal terms (the 'Legal Terms').
(C) These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you' or 'Customer'), and us, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.
(D) Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. General terms and business conditions and/or terms of service of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(E) We recommend that you print a copy of these Legal Terms for your records.
1. CONCLUSION OF CONTRACT
- Any general offerings on the Site are non-binding. By placing an order on our Site or on a website that the Site or a link we individually provided to you refers to (e.g. on https://stripe.com/), you make a binding offer to purchase the relevant Services. The offer will remain open for acceptance by us for a period of 10 business days following the day of the offer. Without undue delay upon receipt of the order, we will you send a confirmation of receipt by email, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us upon subsequent (email) acceptance of the order. The contract with you shall not become effective until our acceptance. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased e.g. per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
- The Services are intended for entrepreneurs (as defined in sec. 14 (1) of the German Civil Code, i.e. natural persons or legal entities or partnerships with legal capacity acting, when entering into the transaction in the exercise of their commercial, business or professional activity), who are at least 18 years old, as well as legal entities and special funds organized under public law, but in each case only to end users. By agreeing to the Legal Terms, you confirm that you fulfill the above requirements.
2. OUR SERVICES
- Upon conclusion of a contract between you and us regarding certain Services and your payment of the remuneration due for the specific Services that you subscribed, we will provide you with access to our cloud-based analytics and documentation platform for teams building digital products and enable you to use the relevant subscribed Services. For the period of your subscription, you will thus receive the right to use the Services you have subscripted (within the limitations of these Legal Terms and applicable law).
- The Customer is aware of the functional features and system requirements of the Services and has checked the compliance of this specification with its wishes and requirements. We are not responsible for guaranteeing the data connection between at the transfer point of our servers and our IT systems. It is your responsibility to create the technical conditions for receiving the Services at the transfer point of our servers and using it.
- The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- We will provide you online with a manual for the Services. We offer user support by email during our business hours, on weekdays (except for German bank holidays and except for pre-announced times we are temporarily unavailable) from 10 a.m. to 5 p.m. (the "Business Hours").
3. PURCHASES AND PAYMENT
- We provide details for available subscription offers on the Site and/or on a website that the Site or a link we individually provide to you refers to (e.g. on https://stripe.com/) or in individual communication with you. Such subscription offers detail the period of time of the subscription (e.g. a month, a year) and the costs for such period of time and the scope of the Services that you will be provided. The scope of the Services will differ between the subscription offers in particular regarding the number of editor seats and viewer seats made available, the number of files to be used, the duration of version history made available and dedicated features (e.g. QA, Analytics and custom integration services). The offer will typically determine a minimum period of time for a subscription after which the subscription continues for the costs detailed (e.g. a minimum period of one month and a monthly price that will apply for every month of the subscription after the minimum period has expired). We may restructure and amend our pricing scheme after the minimum period of your subscription has expired. In case of such update of our pricing scheme, we will contact you beforehand and give you the opportunity to terminate your subscription.
- According to our subscription offers, you commit in advance to purchase a specific type and quantity of Services for use during a specific (minimum) term and to pay upfront or on a periodic basis in advance of use.
- We may provide you with Services for a limited term without charge (for example, as a trial subscription or free account). Provisions in this agreement with respect to pricing, cancellation fees, payment, and data retention may not apply. Such offers are granted at our sole discretion and may be limited and/or revoked at any time. After the term of such offer to use Services free of charge has ended, you subscribe to the Services that were included in the offer for the prices that apply to new customers at such time.
- The payment for our Services is processed by Stripe, Inc. The terms and conditions of Stripe, Inc for such payment apply to our contractual relationship.
- You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. You must pay any applicable value added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed under this agreement and which we are permitted to collect from you under applicable law. You will be responsible for any applicable stamp taxes and for all other taxes that you are legally obligated to pay including any taxes that arise on the distribution or provision of our Services to any affiliate. All payments shall be in Euros.
- You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
- You shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
4. TERMINATION & ALTERNATION
- After a set minimum term, you may terminate We may terminate your subscription after an agreed minimum term has expired. Such terminations will take effect at the end of the current paid term of your subscription.
- If you are unsatisfied with our Services, please email us at [email protected].
- You may also alter your subscription based on the subscription offers available at such time. Upon alternation of your subscription, this agreement will terminate, and your subscription will thereafter be governed by the terms and conditions set forth in via the Services on the date on which the alternation of your subscription is mutually agreed upon. We may propose such alternation of your subscription to you at any time.
5. SERVICE LEVEL AGREEMENT
Availability
We guarantee an availability of the Services you have subscripted of 95% ('Availability') per month. When determining the Availability, the following downtimes shall not be taken into account:
-
downtimes for which we are not responsible, in particular impairments caused by failures
and/or malfunctions of technical systems and/or network components outside our area of
responsibility; in particular
- failures caused by incoming IT attacks. This shall not apply if we are obliged to use virus protection programs and these were not state of the art at the time of the IT attack;
- failures caused by improper use by the customer;
- maintenance work and/or updates agreed with the Customer or unforeseen maintenance work and/or updates for which we are not responsible.
Maintenance work and/or updates shall be deemed agreed with you, if we notify you of such maintenance work and/or update at least five days before the date of the update. Disruptions of the Services due to maintenance work or updates shall generally only occur between 10 p.m. and 6 a.m. (CET or the time zone that applies to most of our customers at such time).
You shall be obliged to notify us without undue delay of any disruptions to the Services, availability restrictions or availability failures that you recognize.
6. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Services. You must promptly notify our customer support team about any possible misuse of your accounts or authentication credentials or any security incident related to the Services.
7. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'as is' for your internal business purpose only.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Glazed GmbH
Rotherstraße 24
Berlin 10245
Germany
[email protected]