Terms of Use (Website)

Last updated: 01. January 2023

Please read these Terms of Use (”Terms”) carefully as they constitute important information about your legal rights, remedies and liabilities. By accessing or using the A-tree website, you agree to comply with and be bound by these Terms, accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.

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1. Third-Party & Changes
2. Prohibited Activities
3. Term and Termination, Suspension and other measures
4. Disclaimers
5. Liability
6. Indemnification
7. Miscellaneous and Modification of these Terms
8. Applicable Law and Jurisdiction
9. Contact

1. Third-Party & Changes

Our website may contain third-party websites or resources (“Third-Party Services”). We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Such Third-Party Services may be subject to different terms and conditions and privacy practices. Links to such Third-Party Services are not an endorsement by A-tree of such Third-Party Services. In addition to these Terms, your use of our website is subject to our ”Privacy Policy (Web)”. Therefore, you consent to the reliable collection and safe use of your data by A-tree, as set forth in the Privacy Policy, which from time to time can be updated, with the ultimate goal of improving and protecting your use. We cannot guarantee the continuous and uninterrupted availability and accessibility of the website. We may restrict the availability of the website or certain areas or features thereof, if this is necessary in view of the security or integrity of our servers, capacity limits, or to carry out maintenance measures that ensure the proper or improved functioning of the website. We may improve, modify and enhance the website and introduce new services from time to time. These terms and conditions create a contract (”Agreement”) between you and Trust today xyz Ltd. governing your access to and use of the website, including any subdomains thereof, and any other websites through which A-tree makes its services available (collectively, ”website”).

2. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the website. You may not, and will not assist or enable others to:

1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies and Guide;
2. as an individual, provide any false personal information to A-tree (including a false username) or create any account for anyone other than yourself without such other person's permission;
3. as a company, provide any false contact information to A-tree (including a false username) or create any account for anyone other than the company you represent without their permission;
4. use another person's or organization's e-mail address and phone number without their permission;
5. discriminate against or harass anyone on the basis of race, national origin, gender, gender identity, physical or mental disability, religion, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
6. copy, modify or distribute your access to the website for any purpose; or transfer, sublicense, lease, lend, rent or otherwise distribute the access to the website or the website to any third party;
7. publish any private information of someone, like their address, phone number, email address, financial information or similar information without their permission;
8. decompile, reverse-engineer, disassemble, or create derivative works of the website or website;
9. make the functionality of the website available to multiple users through any means;
10. use the website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the website for any purpose;
12. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the website;
13. publish falsehoods or misrepresentations that could damage A-tree, our Users or any third party;
14. collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation or spam purposes; or use the website in connection with the distribution of unsolicited commercial messages ("spam");
15. submit material or behavior that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law or causes harm to anyone.

3. Term and Termination, Suspension and other measures

You may terminate this agreement at any time by sending us an email, or by simply discontinuing using the service. We have the right to enable and disable your access to or use of the website for the purpose of operating the website, to (i) ensure your compliance with these Terms, or to (ii) comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. If you violate our Terms or otherwise create risk or possible legal exposure for A-tree, we can stop providing all or part of the website to you. We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately.

4. Disclaimers

The website is provided “as is”, without warranty of any kind, either express or implied. If you choose to use the website, you do so voluntarily and at your sole risk. Without limiting the foregoing, we disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, quiet enjoyment, fitness for a particular purpose and non-infringement. We make no warranty that the website will meet your requirements or be available on a secure, error-free basis or that access thereto will be continuous or uninterrupted. No information or advice, whether written or oral, obtained through the website, or from A-tree will create any warranty not expressly made herein. The foregoing disclaimers apply to the maximum extent permitted by law.

5. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website, or any other communication or interaction with other Users, remains with you. In no event will A-tree, or any other party involved in creating, producing or delivering the website, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or (ii) the cost of substitute products or services, or for any damages arising out of or in connection with these Terms or from the use of or inability to use the website, from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not A-tree has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The aforementioned limitations of damages are fundamental elements of the basis of the Agreement between A-tree and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In the event of a breach of material obligations, the fulfillment of which is essential for the proper implementation of the Agreement and on the observance of which the party to the agreement may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the agreement, the occurrence of which must be typically expected. Otherwise, claims for damages are excluded.

6. Indemnification

You agree, to the maximum extent permitted by applicable law, to indemnify and hold harmless A-tree, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the website, including but not limited to your violation of this Agreement, your breach of these Terms or our Policies, your improper use of the website, your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or your breach of any laws, regulations or third party rights.

7. Miscellaneous and Modification of these Terms

This Agreement constitutes the entire agreement between A-tree and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of A-tree, or by the posting by A-tree of a revised version. These Terms supersede and replace any and all prior oral or written understandings or agreements between A-tree and you regarding the website. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without A-tree's prior written consent. A-tree may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time, in accordance with this provision. If you use the website in any way after any change to the Terms has become effective, please remember that this means that you agree to all of the Terms.

8. Applicable Law and Jurisdiction

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and mobile applications will be governed by the laws of the Federal Republic of Germany and the EU, excluding its conflict of law provisions, and the correct place of jurisdiction for all disputes arising out of or in connection with this is our place of business. The European Commission provides an Online Dispute Resolution platform, which you can find here: www.universalschlichtungsstelle.de. Consumers have the possibility to use this platform to settle their disputes. In order to settle disputes arising from an agreement with a consumer or whether such an agreement exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de. We will participate in dispute resolution proceedings before this office.

9. Contact

If you have any questions about these Terms, please contact us at: help@a-tree.app