General Terms and Conditions (GTC)
1. Contracting Party
The purchase contract is concluded with Janis Altherr, Martinistr. 11, 20251 Hamburg (hereinafter referred to as "supplier").
2. Scope of Application
2.1 These General Terms and Conditions (hereinafter "GTC") shall apply to all services of the Provider within the scope of the provision of Software-as-a-Service (SaaS).
2.2 These GTC shall apply exclusively. Deviating terms and conditions of the User shall only be recognized under the condition that the Provider expressly agrees to their validity in writing.
2.3 The GTC shall also apply in the event that the Provider performs the service without reservation in the knowledge of terms and conditions of the User that conflict with or deviate from the GTC.
2. Type and Scope of the Service, Subject Matter of the Contract
2.1 The subject of the contract is the User's use of the software provided by the Provider as a service (SaaS).
2.2 The Provider shall provide the User with the software in the respective current version. The User has no right to demand that certain functions or features be provided. The Provider reserves the right to change or supplement the software at any time.
2.3 The simulators offered represent an approximation of similar equipment as used in marine radio for the purpose of practicing DSC calls. A large number of functions cannot be simulated or can only be simulated incompletely. There is no claim to complete representation of functions of real existing devices.
2.4 There is no entitlement to use the services via a software interface ("API").
2.5 The Provider may expand the offer on the Website at any time or add additional functionality that is subject to a charge. The claim of the User is limited to the functions available at the time of the conclusion of the contract.
3. Usage Rights
3.1 The conclusion of a purchase contract entitles the user to access specially protected areas of the website. The area will be specified in more detail where the purchase contract is concluded.
3.1.1 Conclusion of a purchase contract is also understood here as the User obtaining access to protected areas free of charge in a process similar to a purchase.
3.2 The User is entitled to use the website for personal further education.
3.3 Furthermore, use for the training of third parties is permitted, provided that:
- in the context of on-site training, there is a direct, traceable training relationship between the user and the third parties and the third parties are taught on the same device as the user has chosen to log on to the website
- or for the creation of training materials, screenshots or videos, clearly mentioning "comsim " as the source and linking it when possible.
3.4 An unusually frequent access, e.g. by means of a script ("DoS attack") is not permitted.
3.5 Access by means of software interface ("API") is not part of the contractual terms and conditions and shall be at the User's own risk.
3.6 The User is not entitled to modify, translate, decompile or otherwise process the Software.
3.7 The User is not entitled to reproduce, distribute, sell, rent or otherwise use the Software, unless the Provider has expressly agreed to this in writing.
3.8 In case of improper use, the user may be excluded from further use of the item. To enforce this exclusion of use, it may be necessary that personal data (e.g. IP address, e-mail address, browser configuration) are stored for the purpose of technical prevention of further violations beyond the time limits specified in the privacy policy. The User agrees to this.
4. Usage Fee, Terms of Payment
4.1 The User shall pay the Provider a usage fee for the use of the software. The usage fee is based on the tariff offered by the Provider and chosen by the User.
4.2 The usage fee shall be paid in advance for the agreed usage period. A refund of the usage fee is excluded if the User terminates the usage period prematurely.
4.3 The Provider is entitled to adjust the usage fee annually. The Provider shall inform the User in writing at least four weeks before the price increase takes effect. The User shall have the right to terminate the contract within 14 days after receipt of the notification if he does not agree to the price increase.
4.4 Item 4.3 shall also apply to automatically renewing contracts pursuant to Item 10.2.
4.5 Payments are made with the help of the third-party provider Stripe (Stripe Inc.). The General Terms and Conditions ("Terms of Service") of Stripe apply accordingly, as well as the terms and conditions of the payment method selected in the checkout process.
5. Access to the Software And Conditions of Use
The Provider shall provide the User with access to the Software via the Internet. The User is responsible for providing the necessary hardware and software as well as an Internet connection.
6 Support And Maintenance
6.1 The Provider shall regularly perform maintenance work on the Software. These may lead to restrictions or interruptions in the use of the software. This shall not give rise to any claim for compensation on the part of the User.
6.2 The user has no right to claim freedom from errors, insofar as these errors do not significantly restrict the usability of the website.
6.3 The claim for correction of significant errors according to the previous paragraph as well as the continued operation of the website expires with the expiration of the access. The claim may also expire earlier, if the user was user has been informed by mail about an earlier end and has not objected within 14 days after the mail has been sent.
7 Liability
7.1 The provider is only liable for damages that are based on an intentional or grossly negligent breach of duty by the provider or his legal representatives or vicarious agents.
7.2 In the event of simple negligence, the Provider shall only be liable if an essential contractual obligation has been breached, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the User may regularly rely (cardinal obligation). In this case, liability is limited to the foreseeable, typically occurring damage.
7.3 The Provider expressly assumes no liability for damages that arise indirectly from the use of the software or over which the Provider has no direct influence, this includes damages due to failed examinations, incorrectly made or not made emergency calls as well as all damages that arise as a result of incorrect operation of a real device.
7.4 The use of this simulation software does not release the User from the obligation to familiarize themselves with the manual of all real devices used, even if their operation was practiced with the help of the software provided by the provider.
7.5 Liability for damages resulting from injury to life, body or health shall remain unaffected.
7.6 The limitations of liability shall also apply to the benefit of the Provider's legal representatives and vicarious agents if the User asserts claims against them.
8. Cooperation Duties of the User
8.1 If errors should occur on the website, which restrict the use of the website in the use of the website to a considerable extent, the user must inform the Provider immediately by mail or support ticket. If he does not do so, any claim for compensation expires.
8.2 The user is obligated to keep his access data secret. The use of an up-to-date password manger is permitted.
8.3 Should someone have gained unauthorized access to the User's account, the User has to inform the Provider immediately. If the User fails to do so, any claim for compensation shall expire.
9. Data Protection
9.1 The Provider undertakes efforts to protect and process the User's data in accordance with the applicable data protection provisions. More detailed information on data protection can be found in the Privacy Policy of the Provider.
9.2 For the processing of payment transactions, personal data is transmitted to Stripe (Stripe Inc) and, if necessary, passed on by Stripe to other companies in accordance with their Data protection conditions to other companies. The user acknowledges that the provider has only limited influence on this. The Provider shall endeavor to use the settings at Stripe with the greatest possible data protection level or provide options for the user to choose.
10 Cancellation And Termination
10.1 The contract for the use of the software is concluded for the agreed period of use. The term of the contract is selected when the purchase contract is concluded.
10.2 The contract shall automatically renew for the selected period on the day that follows the last day of a current contract period, unless stated otherwise.
10.3 The automatic renewal can be deactivated at any time, but not later than one day before the end of a current period on the user settings page, or alternatively no later than 14 days before the end of a current period by contacting support.
10.4 If the parties agree on a "lifetime" contract, the "lifetime" shall refer to the period of existence and continued provision of the software, but no less than 12 months from the date of purchase. If the service is discontinued before the end of 12 months from date of purchase, a prorated refund shall be given. After the period of 12 months the user shall have no claim to a refund.
10.5 The Provider is entitled to terminate the contract with immediate effect if the User breaches material obligations under the contract and does not remedy this breach within a reasonable period of time.
10.6 After termination of the Agreement, the User shall not be entitled to a transfer of copies of the Software or of data created in the course of using the Software. The Provider shall be entitled to delete such data.
11 Small Entrepreneur
According to §19 of the Value Added Tax Act, the supplier is exempt from the collection of value added tax.
12. Final Provisions
12.1 The law of the Federal Republic of Germany shall apply.
12.2 The German version of the General Terms and Conditions shall apply. Other translations are only offered as an aid to understanding and are not binding.
12.3 If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of the Provider.
12.4 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by an appropriate provision that comes as close as possible to the economic purpose of the invalid provision.
12.5 Amendments and supplements to these GTC must be made in writing to be effective. This shall also apply to the waiver of the written form requirement.
12.6 Should these GTC prove to be inconsistent with the terms and conditions contained in the contract documents, the terms and conditions contained in the contract documents shall prevail.