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Terms & Conditions

TILSBERK HUD APP

General Terms and Conditions of Use and Contract for the TILSBERK Head-Up Display and the TILSBERK Head-Up Display App

 

1. Subject matter, validity and terminology

  1. These terms and conditions apply to the use of the TILSBERK Head-Up Display and the associated app between

Digades GmbH, digital and analogue electronics design, with the brand "TILSBERK", Äußere Weberstraße 20, 02763 Zittau, Germany, Managing directors: Dipl.-Ing. Tim Berger, Dr.-Ing. Sascha Berger, Local court Dresden HRB 2775, Telephone +49 3583 5775-0, Fax + 49 3583 5775-111

(hereinafter referred to as "TILSBERK")

and the customer.

The term "application" in this context refers to the mobile and web applications, as well as the associated functions and contents of the websites offered by TILSBERK. It does not matter which domains, systems, platforms or devices are used.

The term "HUD" refers to the TILSBERK Head-Up Display. In contrast to "application", this refers to the electronic display device mounted in the helmet.

In the following context, the term "content" refers to all information and materials uploaded by users within the application or otherwise transmitted to TILSBERK.

The term "function" refers to specific service and application areas of the application, including the associated content such as route planning, navigation or setting options for the head-up display.

In the following, the term HUD refers to the TILSBERK Head-Up Display. The HUD is an electronic device that is attached to the motorcycle helmet and displays various information directly in the user's field of vision.

The version of the General Terms and Conditions (GTC) valid at the time of the conclusion of the contract is decisive. TILSBERK reserves the right to make changes to these GTC. Deviating conditions and/or conditions that go beyond the GTC are not accepted, unless TILSBERK expressly agrees to their validity in writing. A lack of objection does not constitute consent.

The following General Terms and Conditions (GTC) apply to all users, regardless of their place of residence. For users residing in the USA, special provisions of these GTC apply, which are indicated by the addition "for US users" and must be observed either additionally or in addition.

2. Restriction to natural persons and persons of legal age

  1. The application may only be used by natural persons.
  2. Users must be of legal age and thus have reached the age of 18.

3. Scope of services and changes

  1. The application offers various features, some of which are available free of charge and others may require registration, the conclusion of a premium membership or the purchase of certain function packages.
  2. Users are explicitly informed that there are paid features and how much they cost. In order to purchase these functions, they must expressly agree to this. Paid functions are purchased via the so-called "in-app purchase" within the corresponding app stores, for example the Play Store from Google or the App Store from Apple.
  3. The functions offered within the application include the provision of maps for roads and landscapes (hereinafter collectively referred to as "maps"). These enable users to create and display individual or pre-planned tours with detailed information about the route. This also includes information on the route profile, the length of the respective tour and a textual and graphic description of the tour. In addition, photos and/or videos of the individually created or selected tours can be viewed. Furthermore, TILSBERK offers acoustic and visual route guidance during these individual tours.
  4. The HUD can only be used with the application. In addition, there may be offers from partners that also allow information to be displayed on the HUD via their application. In this case, the terms of use of the respective partner apply.
  5. In this case, TILSBERK excludes any liability for the correct functioning of the display. TILSBERK only assumes the rights and obligations described in these GTC for errors attributable to the hardware.

4. Registration and conclusion of the contract

  1. You have the option of registering either via our app or our website. To register, you can use your Google or Apple account or enter your e-mail address. If you sign in with your Google or Apple account, you hereby give us permission to access and use certain account information. For more information about what data we collect from you and how we use it, please see our privacy policy at https://hud.tilsberk.com/de/app/data-privacy
  2. In order to register, you must accept these General Terms and Conditions (GTC) and our Privacy Policy or confirm that you have read them. You must also enter certain data (e.g. e-mail address and name) and choose a password. When entering your data, any errors can be checked and corrected. You can also access your details later in the user settings of your account to make any necessary changes.
  3. The provision of a registration option does not constitute a binding offer for a contract for the use of our applications, but merely an invitation to the user to submit a corresponding offer. By completing the registration form, the user submits a binding offer to conclude a contract with us regarding the use of the applications ("user contract"), which is subject to these GTC.
  4. Depending on the type of registration selected, you will receive an e-mail from us to verify your e-mail address. To enable further progress, it is necessary for you to click on the confirmation link contained in the e-mail.
  5. If we accept your offer to conclude a contract, the functions of the application that require registration will be activated for you. With this activation, a binding and binding contract is concluded between you and TILSBERK. This relates exclusively to the use of the application and is free of charge for the user.
  6. By registering, you assure us of the following: You are legally authorized to enter into binding contracts; all information provided during registration is truthful; you will ensure that this information remains correct and complete in the future; your use of our services does not violate applicable law.
  7. One person may only create one user account. The transfer of user accounts to third parties is prohibited. It is your own responsibility to keep your user account and the associated password secret and to restrict access to your device. In the event of unauthorized use of your account, you must inform TILSBERK immediately.
  8. If the registration process is not completed in full, TILSBERK reserves the right to irrevocably delete incomplete accounts, including all information provided by the user.
  9. There is no entitlement to registration for the use of functions and content requiring registration. Therefore, TILSBERK reserves the right to refuse a requested registration without giving reasons by notifying the user accordingly, in compliance with the legal provisions on equal treatment of all users.
  10. The text of the contract is not stored by TILSBERK.

5. Paid offers and premium membership

  1. In order to be able to use certain functions of our offers, you must either take out a premium membership subscription or purchase certain function packages. The provision of the option to purchase fee-based offers or to conclude a premium membership does not constitute a binding offer from us for a fee-based contract. To submit a legally binding offer for the conclusion of a fee-based contract yourself, select the relevant product in our app or on our website and place it in your virtual shopping cart. Then follow the further instructions. To complete your purchase, you will first be redirected to an order overview page where you can correct any input errors. If your shopping cart is correct, you submit a binding offer to conclude a contract with us for the use of the selected fee-based function by clicking on "Agree and subscribe". We accept this offer by activating the corresponding functions for you. By concluding the premium membership contract, the previously free user contract (see section 4.5) is converted into a paid user contract. The purchase of individual function packages has no effect on the rest of the user contract.
  2. In addition to our free basic package, we offer paid subscription options for one month or one year, which are billed monthly or annually. The subscription period is automatically extended at the end of the respective subscription period for further periods unless the subscription is canceled in good time. If you wish to change or cancel your subscription, you must log into your account with our subscription partner and follow the instructions to cancel or terminate your subscription, even if you have deleted your account with us or the app from your device. Deleting your account or the app will not terminate or cancel your subscription. If you cancel or terminate your subscription, you will be able to use your subscription until the end of the current subscription period and your subscription will not renew when the period expires.

6. Changes to the scope of services provided by TILSBERK

  1. The further development of the application is an important part of TILSBERK's scope of services. It includes, among other things, the adaptation to technical and legal progress as well as the consideration of user requirements for the use of the application.
  2. As part of this further development, TILSBERK has the right to make changes to the application and its functions as long as this is reasonable for the user and does not jeopardize the purpose of the contract. In the case of fee-based services, this applies in particular if:
    • The changes are in the interest of the user.
    • The changes serve to ensure compliance with applicable law, in particular in the event of changes to the law.
    • The changes are necessary to comply with court or official decisions.
    • Security loopholes need to be closed.
    • They are merely technical or procedural changes that have no significant impact on the user.
    • Changes that only have an insignificant impact on existing functions do not constitute changes in performance in this sense. This applies in particular to changes of a purely visual nature and mere changes to the arrangement of functions.
  3. The scope of services of the application and the offer of TILSBERK corresponds to the information in the context of the product descriptions of these GTC or other contractual assurances of TILSBERK.

7. Vouchers

  1. If users are offered vouchers, discounts, premium cards or comparable added value, then the offer is made specifically to our users and can only be reserved for certain user groups or users. Therefore, the transfer of vouchers to other users or third parties and, in particular, the sale, exchange or other trading of vouchers is not permitted.

8. Temporal availability

  1. The user acknowledges that TILSBERK cannot guarantee that its own website, the applications of third parties and/or individual applications of TILSBERK are available at all times. The user has no claim to a permanent availability towards TILSBERK. In particular, TILSBERK reserves the right to restrict or temporarily suspend its applications at its own discretion for maintenance, security or capacity reasons.

9. Specifications for contents and obligations of the users

  1. TILSBERK assumes no responsibility for the content of the users and distances itself from this content.
  2. To the extent permitted by law and taking into account reasonableness, TILSBERK reserves the right not to publish content or to withdraw or block or delete content already published if there are concrete objective indications that it violates laws, official prohibitions, the rights of third parties or moral principles. However, TILSBERK is not obliged to check the content in advance.
  3. The user undertakes not to share or forward any illegal content. In particular, racist, pornographic, offensive or defamatory content and copyright infringements are prohibited.
  4. The user therefore bears full responsibility for all contributions shared and disseminated via the TILSBERK platform.
  5. If pictures are uploaded on which a person(s) is/are recognizable, they may only be used with the consent of this person(s) or if this is permitted by law.
  6. If a user is notified or otherwise becomes aware that his/her posted contributions violate applicable law, he/she must remove them from the platform immediately.
  7. If the application allows users to contact each other, it is prohibited to harass other users (e.g. through advertising, sexually suggestive requests or repeated requests without response or if the user has expressly expressed the wish not to be contacted).
  8. (For United States users) For United States users: Under the Federal Communications Decency Act of 1996, TILSBERK is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content made available on the application.

10. Authorization of use and scope of use

  1. TILSBERK draws attention to the fact that users may only use the application for their individual contractual purposes.
  2. In addition, users are not permitted to rent, lend, lease, sell, modify or make the application accessible to third parties in any technical form, in whole or in part, or to enable third parties to perform these actions, whether for a fee or free of charge, without the express written consent of TILSBERK. These prohibitions apply subject to mandatory statutory provisions. The granting of sublicenses is prohibited.
  3. It is not permitted to share the application with other persons, for example by exchanging access data between users or distributing it in any other way. This also applies if different people use the application at different times. If we become aware that the application is being used more than once and this has been established with sufficient certainty, we reserve the right to block the user account. The user can object to the blocking.
  4. The application may only be used by users via the input masks and interfaces provided (for example, tours may only be transferred from the application to other devices via the export functions provided). Actions that are likely to impair the functionality of the application, software and infrastructure (e.g. scripts, robots, crawlers) are prohibited. In particular, an excessive load that exceeds the regular intensity and frequency of use to be expected during normal use of the application is prohibited. 11.

11. For United States users: Trademarks and Intellectual Property

  1. Trademarks. TILSBERK and all other graphics, logos, page headers, button icons, scripts, service names and other content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, licensors, licensees, successors, assigns, agents, partners, or other affiliates (collectively "Affiliates") in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on the application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or any of our affiliates.
  2. Copyright. Except for content under license to us, we claim copyright and all copyright protection afforded, under international law and United States law relating to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other content on the application. The compilation of all content on the application is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international law and United States law to all material described in the trademarks section above. Your access to all information and content located on the application is strictly permitted through the license granted to you under these Terms. Except for the license granted to you and for the licenses granted to us in these Terms, all rights, title, and interest in content, in all languages, formats, and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ourselves and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or otherwise exploiting any content available on or through the application without our prior written permission, or in the case of content owned by a third party, without first receiving permission from the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.
  3. Infringement Claims. We respect the intellectual property of others and ask that users do the same. In connection with the application, we have adopted and implemented a Digital Millennium Copyright Act ("DMCA") policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the termination of a user's ability to use our application, in appropriate circumstances, if we determine that a user is infringing on the intellectual property rights of others. If you believe that a user is, through the use of the application, unlawfully infringing by submitting unauthorized content, and wish to have the allegedly infringing or unauthorized material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512) must be provided to our designated copyright agent ("Designated Agent"): your physical or electronic signature; identification of the works or rights that you claim to have been infringed; identification of the content on the application that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such content; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable content is not authorized by the copyright or other rights owner, its agent, or the law; and a statement that the information in the notification is accurate, and that, under penalty of perjury, you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. Note that, pursuant to 17 U.S.C. § 512, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
  4. Our designated agent is: digades GmbH Christoph Lebelt, Aeussere Weberstrasse 20, 02763 Zittau (Germany) Email: service [at] tilsberk.com (service[at]tilsberk[dot]com)

12. Careful use of application and HUD, principle of personal responsibility

  1. The user is aware that the journey of an individually created or selected tour with the HUD depends on his/her driving skills, the means of transportation used and other external influences. The user bears sole responsibility for selecting an appropriate tour, driving it and using the HUD.
  2. The user must therefore ensure that
    • He is physically and mentally capable of completing the selected tour on his motorcycle, two-wheeler or other vehicle.
    • The equipment carried should be suitable for this specific tour.
    • In addition, the weather must not pose an excessive risk.
    • The route and current location information should be correct.
    • The use of visual and acoustic navigation systems is subject to the applicable road traffic regulations (StVO) and may only be used under certain conditions.
    • It is known that individual tours may be subject to temporary or permanent closures by local authorities due to natural events or traffic disruptions. Bad weather can also mean that certain sections are not passable. It is therefore the responsibility of the user to inform themselves about local regulations, closures, natural events and the accessibility of the route.
    • The rules of the road take precedence over the route suggestions provided by TILSBERK.
    • TILSBERK accepts no liability for content that is entered into the system by users or third parties.
    • It is not guaranteed that the content provided is correct and complete. The use of third-party content may be subject to additional terms and conditions.
  3. The following safety instructions must be observed for the HUD
    • This version of the TILSBERK Head-Up Display is designed for driving in right-hand traffic. The display is located in front of the right eye outside the main field of vision. When used in left-hand traffic, the display may be in your main field of vision and possibly impair your view of the road. This must be taken into account if the TILSBERK Head-Up Display is to be used in left-hand traffic [DIG1].
    • TILSBERK Head-Up Display is not suitable for people suffering from epilepsy. Light signals on the display can trigger epileptic seizures.
    • The TILSBERK Head-Up Display is not suitable for people with a one-sided, uncorrected visual impairment. The display can further impair a restricted field of vision and thus prevent you from having a good view of the traffic.
    • Inattention in traffic can lead to accidents and serious injuries. The use of the TILSBERK Head-Up Display does not release you from your responsibility to drive carefully and in accordance with the regulations. The route selection and all settings must be made before starting the journey. Traffic regulations and signs on the road always take precedence over the information on the display.
  4. The following liability provisions of TILSBERK remain unaffected.

13. Liability of TILSBERK

  1. The responsibility of TILSBERK towards the user for damages is limited to intent and gross negligence. In the event of simple negligence, TILSBERK is only liable in certain cases, specifically in the event of damage to life, body or health or in the event of a breach of essential contractual obligations. In these cases, however, liability is only limited to the amount of the foreseeable and typical damage.
  2. These limitations also apply to third parties and to breaches of duty by persons whose fault TILSBERK is legally responsible for. The Product Liability Act remains unaffected.
  3. For all users outside the USA, TILSBERK is only liable for slightly negligent breaches of duty for the foreseeable and contract-typical damage that was directly caused by the breach of duty. The liability for data loss is specifically limited to the usual effort for recovery that would have been incurred if regular backup copies had been made. TILSBERK's liability is excluded if a slightly negligent breach of duty did not contribute significantly to the achievement of the contractual objective.
  4. For all users outside the USA, these limitations of liability also include claims for compensation for expenses in connection with the trust in a contractual performance. However, TILSBERK is liable without limitation for damages to life, body or health, which are based on intentional or grossly negligent actions of TILSBERK or its representatives, as well as for other damages, which are due to intentional or grossly negligent breaches of duty. Furthermore, TILSBERK is liable without limitation according to mandatory legal regulations and in the case of an assumed guarantee. Unless otherwise stated in the previous provisions of this section, TILSBERK excludes any liability - regardless of the legal basis.
  5. For United States users: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO (A) THESE TERMS, (B) CONTENT AND/OR YOUR USER CONTENT, (C) THE APPLICATION, AND/OR (E) ANY ASPECT OF THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed an amount greater than $125 USD. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  6. For United States users: You agree to indemnify, defend, and hold harmless us and our affiliates from and against any and all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys' fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use the application; any infringement of a third party's rights (including but not limited to intellectual property rights); a breach of a representation or warranty made by you; your user content; any defamatory, offensive, fraudulent, or illegal use of the application by you; any improper disclosure of content by you; and any violation by you of these Terms, our Privacy Policy, any of our other Policies.
  7. For United States users: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS ("CLAIMS") AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR ACTUAL AND/OR CONSEQUENTIAL DAMAGES, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO (A) THE APPLICATION, (B) CONTENT, AND/OR YOUR USER CONTENT, AND/OR (C) ANY INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL CONTENT OBTAINED OR ACCESSED BY OR THROUGH THE APPLICATION. FURTHER, IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU UNDERSTAND THAT ANY FACT RELATING TO ANY MATTER COVERED BY THESE TERMS MAY BE FOUND TO BE OTHER THAN NOW BELIEVED TO BE TRUE, AND ACCEPT AND ASSUME THE RISK OF SUCH POSSIBLE DIFFERENCES IN FACT. IN ADDITION, YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS WHICH YOU MAY HAVE HAD UNDER ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Warranty

  1. TILSBERK strives to provide the application as stable as possible. However, the user acknowledges that complete availability of the application is not technically feasible. Short-term disruptions or temporary unavailability may occur due to maintenance work, security aspects, capacity problems or events beyond the control of TILSBERK (such as disruptions in public communication networks or power failures).
  2. For entrepreneurs, the usual commercial inspection and complaint obligations also apply. Claims for defects expire within twelve months for entrepreneurs, unless the defect was deliberately concealed.
  3. Otherwise, the statutory warranty shall apply.

15. Sanctions

  1. As the integrity and functionality of the application is of crucial importance, sanctions will be imposed on users if there are specific indications that they are in breach of statutory regulations, third-party rights or applicable terms and conditions.
  2. When selecting the measures to be taken, TILSBERK will take into account the objective circumstances and legitimate interests of the user concerned. It will also be examined whether the misconduct was not culpable or was committed intentionally.
  3. The following levels of sanctions are available to TILSBERK:
    • Deletion of content
    • Warning of a user
    • Restriction on the use of the application
    • Temporary blocking of a user
    • permanent blocking/termination of a user with possible house ban.
  4. The provisions regarding TILSBERK's right of termination in accordance with point [16] remain unaffected by this.

16. Termination of the contract of use, termination

  1. The registered user can terminate the contract for the use of the TILSBERK apps at any time. The contract will be terminated on the expiration date of the current subscription period.
  2. Premature termination of the subscription and any refunds of payments already made are excluded.
  3. TILSBERK, on the other hand, may only terminate the user contract with the user concerned by giving four weeks' notice to the end of the term. This does not affect the right of TILSBERK to terminate the user contract extraordinarily and immediately if there is an important reason. Such an important reason would be, for example, the illegal behavior of the user on the TILSBERK platform, in particular the uploading of content that violates the rights of third parties or registering with several profiles.
  4. The termination must at least be made in writing. Deleting the app from the user's device does not constitute a declaration of termination.
  5. We would like to point out that the termination by the user must be made directly at the respective locations in the app stores of the mobile operating systems (Google Play for Android, iOS App Store for iOS).
  6. It is the user's responsibility to back up their data before the contract expires. TILSBERK has the right to irretrievably delete all data stored during the contract. Upon termination, all personal content will be deleted.
  7. Users have the right to request the deletion of the remaining personal data.

17. Statutory right of withdrawal

  1. If you as a customer are a consumer in accordance with Section 13 of the German Civil Code (BGB), i.e. a natural person who concludes a contract that is primarily not attributable to their commercial or independent professional activity and is resident within the European Union, you have a statutory right of withdrawal for our fee-based offers under certain conditions. Please note, however, that in the case of an in-app purchase, you may be entitled to a right of withdrawal via the respective app store, such as the Apple App Store or Google Play Store.
  2. Right of withdrawal: As a consumer, you can withdraw from the contract within 14 days without giving any reason. The period begins 14 days after conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to return the goods by sending a clear statement (e.g. by post, fax or e-mail) to the following contact details:

Digades GmbH, Äußere Weberstraße 20, 02763 Zittau, Germany, service [at] tilsberk.com (service[at]tilsberk[dot]com)

You can use the model withdrawal form in this document, but this is not obligatory. To meet the deadline, it is sufficient to send your declaration of revocation before the expiry of this period. Effects of withdrawal: In the event of a successful withdrawal, we will reimburse you for all payments received, including delivery costs (with the exception of additional costs arising from the fact that you have opted for a delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we were informed of your withdrawal. For the refund, we will generally use the same means of payment that you used for the original transaction, unless otherwise agreed; you will not incur any fees for this refund.

Withdrawal form - sample:

(Complete and return this form only if you wish to withdraw from the contract)

To

Digades GmbH,

Äußere Weberstraße 20

02763 Zittau

Zittau, Germany

E-mail: service [at] tilsberk.com (service[at]tilsberk[dot]com)

I/We () hereby give notice that I/We () withdraw from my/our (*) contract of sale of the following goods () /for the provision of the following services () -

Ordered on () /received on () -

Name of the consumer(s) -

Address(es) of the consumer(s) -

Signature(s) of the consumer(s) (only required if this form is submitted in paper form) -

Date

(*) Please delete as applicable.

The right of withdrawal expires prematurely if we begin to fulfill the contract subject to a fee with the express consent of the consumer before the expiry of the withdrawal period and the consumer is aware that his right to withdraw from the contract subject to a fee will be lost as soon as we begin to fulfill the contract.

18. Amendment of the GTC

  1. TILSBERK reserves the right to change the General Terms and Conditions (GTC) at any time in the future, unless this would be unreasonable for the users. When it comes to consumers, TILSBERK is authorized to make changes to the GTC in the following cases:
    • To ensure that the GTC comply with applicable law and in particular if legal provisions change.
    • In order to comply with mandatory judicial or official decisions.
    • If new services are added by TILSBERK or existing elements have to be changed and this requires an update of the GTC.
    • If the change is exclusively for the benefit of the users. In such a case, TILSBERK will send the amended GTC by e-mail to the address provided by the user or display them within the application at least two weeks before they come into force.
    • If a user does not object within two weeks after receiving the e-mail or reading the amended GTC in a dialog box, they are considered accepted. TILSBERK informs the user of possible consequences if he does not object.
    • If a user objects to the new terms and conditions within this period, TILSBERK has the right to terminate the contractual relationship with a notice period of one week.
    • Users can also agree to the amended GTC by express consent.

 

19. for US users (For United States users): Compliance

  1. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the application, regardless of your geographic location. We will cooperate with law enforcement agencies in any investigation of alleged unlawful activity of which we are made aware of regarding the use of our application and may contact law enforcement if we are made aware of any use of our application which potentially violates any applicable laws, statutes, ordinances, or regulations. We make no representation that the application is operated in accordance with the laws or regulations of, or governed by nations other than the Federal Republic of Germany. By accessing the application you certify that you meet your country's and our express age and other eligibility requirements for use of the application. Those who access or use the application do so of their own volition and are entirely responsible for compliance with applicable law.

20. Final provisions

  1. The contractual relationship with TILSBERK is not transferable to third parties.
  2. The law of the Federal Republic of Germany applies. Mandatory protective provisions of the law of the state in which the contractual partner, who is a consumer, has his habitual residence, remain unaffected.
  3. The place of performance for users who do not have a general place of jurisdiction in the Federal Republic of Germany is the registered office of TILSBERK.
  4. For United States users: We are an independent contractor only. These terms do not create any employer-employee, agency, joint venture, or partnership relationship.
  5. For United States users: If the application is being acquired on behalf of the United States Government, then use, duplication, or disclosure of our application by the United States Government is subject to restrictions set forth in these Terms and as provided in the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement, as applicable.
  6. The contract language is German. All other languages are for information purposes only and are not legally binding.
  7. The EU Commission has created an internet platform for the online settlement of disputes. Further information is available at the following link: http://ec.europa.eu/consumers/odr. In accordance with § 36 VSBG, the user is informed that TILSBERK is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining GTC.