1. Scope of Application
1.1 favattic GmbH (hereinafter referred to as: “favattic”) offers an internet-based application (the favattic application) on its website. This enables the user (insofar as included in the most recent service specifications of favattic) to use cloud services for the storage of bookmarks entered by the user and notes regarding their retrieval, categorization, synchronization and sharing with other users and third parties. Once the user has registered on the favattic website, he/she may, independent of the device used (PC, internet-compatible mobile phone, tablet computer, etc.), the operating system and browser, retrieve, manage and edit the bookmarks and other data saved by him/her and send them by mail to other people, share them with third parties via a team function for viewing and editing, open linked websites and use other options provided by favattic to the user. These General Terms and Conditions of Business apply to the use of the favattic application and all other services offered by favattic on its websites.
1.2 favattic is at any time entitled to modify services provided free of charge, to offer new services and to discontinue any services that are free of charge.
1.3 Insofar as favattic only offers services free of charge, No. 1.2 shall apply accordingly to a change in these General Terms and Conditions of Business. Otherwise, favattic is entitled to modify these General Terms and Conditions of Business with the consent of the user. The consent to a contractual change is deemed to be given if the user receives the changed Terms and Conditions of Business in text form together with the change notice and has not objected to the change within four weeks from receipt of the change notice. favattic undertakes to notify the user in the change notice of the consequences of non-objection. Any deviating, contradicting or supplementing general terms and conditions shall not become a part of the contract, even if favattic is aware thereof, unless favattic has consented to their applicability expressly in writing.
2 Contractual Offer, Subject of Contract, Conclusion of Contract
2.1 The subject of the contract is the paid or unpaid use of the favattic application, as it is available at www.favattic.com or any additional domains and sub-pages for online use. As a rule, use of the favattic application is only possible via the internet. All data entered by the user is stored by favattic on the cloud and, thus, can only be retrieved by the user via the internet.
Normally, favattic provides use of the various applications with the following basic functionalities:
– Each registered user or recipient of invitations to favattic tabs and web bookmarks receives his/her own user profile.
– Each user profile contains preinstalled functionalities, tools and preconfigured tabs, folders and web bookmarks. The user can use, delete or modify them and create his/her own folders and web bookmarks. Folders and web bookmarks can be sent by email to recipients and other users. Users of a tab may invite other people and they may be invited to other tabs. Each user of a tab has the same administrative rights as all other members of this tab.
– However, there is no right to become a member of a tab. Users and members of a tab are free to choose whom they invite to or delete from a tab. There is no right to be invited to other people’s tabs.
– Premium Accounts, which can be subscribed to, are offered against a charge. The detailed scope of services is shown in the Premium Account service specifications available at Premium Section.
2.2 favattic offers a technical platform for an independent networking of users and the use of the functions offered. There is no involvement of favattic in terms of content and communication.
2.3 The contract is concluded upon acceptance of the user’s registration (user application) by favattic or by favattic’s first act of performance. If the user is a consumer as defined by Section 13 of the German Civil Code (BGB), receipt of the user’s offer is confirmed by favattic immediately by electronic means. The acknowledgement of the receipt does not constitute a binding acceptance of the user application. The acknowledgement of the receipt can be combined with the declaration of acceptance. If the user is an entrepreneur as defined by Section 14 of the German Civil Code (BGB), an explicit acknowledgement of receipt and declaration of acceptance are not required.
2.4 The user guarantees that his/her personal data provided in the context of the contractual offer or contract conclusion and other contract-relevant circumstances are complete and correct. The user undertakes to notify favattic immediately of any changes in data; at favattic’s request, the user has to confirm the data. In the event of infringement, favattic is entitled to block the contractual services promptly.
If the user uses the services as a consumer and has sent his/her application via so-called telecommunication means (e.g. phone, fax, email, online web form), the following statutory rights of cancellation shall apply:Right of Cancellation
You have the right to cancel this contract within fourteen days without stating any reasons. The period of cancellation is fourteen days from the date of conclusion of contract. In order to exercise your right of cancellation, you have to notify us:
favattic GmbH, Grandweg 146, 22529 Hamburg, Deutschland, firstname.lastname@example.org
through an unequivocal declaration (e.g. letter sent by post or email) of your decision to cancel this contract. You can use the attached sample cancellation form, which is not obligatory. To comply with the cancellation period it is sufficient to send the cancellation notice prior to the expiry of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we have to reimburse all payments received from you, including delivery costs (except for additional costs resulting from you having chosen a type of delivery other than the most economical standard delivery offered by us), without undue delay and within fourteen days from the date of receipt of your notice of cancellation of this contract. For repayment, we will use the same means of payment that you used for the original transaction, unless otherwise explicitly agreed with you; in no event will we charge any fees for repayment. Should you have requested that the services commence during the cancellation period, you have to pay us a reasonable amount that corresponds to the ratio of services already provided by the date on which you notify us of your exercising the right of cancellation of this contract to the total scope of services provided in the contract.
Your cancellation of the contract relates to the contract as a whole. If the contract, for example, also includes the delivery of goods, this is also covered by your cancellation. If the contract also includes the delivery of goods, the contract can also be cancelled pursuant to the terms applicable to the delivery of goods.
Sample Cancellation Form
3. Access to the favattic Application
3.1 Only users designated in the registration are entitled to use the application.
3.2 The user is responsible for the confidentiality of personal access data and has to prevent misuse thereof. The user has to keep confidential any access data transmitted or made accessible by favattic and must not disclose such data to third parties. If the user becomes aware of unauthorized disclosure or any other abuse of access data, favattic shall be notified thereof immediately. In the event of abuse, favattic is entitled to immediately block the access data. The user is liable for any abuse of his/her access data if he/she is responsible for such abuse.
4. Usage Rules
4.1 When using favattic, all applicable laws and other legal regulations of the Federal Republic of Germany shall be observed. In particular, the user shall not post and/or distribute any data or content, such as text, images, graphics and links, that violates legal provision or infringes upon any third-party intellectual property rights or copyright or other third-party rights. The user is responsible for data and content provided. favattic does not review contents for their correctness or free from viruses.
4.2 It is prohibited to post and/or make public any files that contain violent, pornographic, discriminating, offending, racist, defamatory or other illegal contents or depictions..
4.3 The contents and links posted can be deleted or replaced at any time by favattic or by users. In particular, favattic is entitled to delete any images or data without prior notice if and insofar as there are definite indications that legal provisions or favattic’s Terms and Conditions of Business have been violated.
4.4 Harassing actions such as sending chain letters or obscene or sexual communication are not permitted.
4.5 It is prohibited to attack the functionality of favattic such as by massive sending of emails (spam), hacking attempts or brute force attacks and to use or send spy software, viruses and worms.
4.6 If these rules are violated, favattic is entitled at any time to warn or temporarily block the user or to exclude the user completely from the use of favattic. favattic is entitled to remove any illegal content promptly without prior notice.
4.7 The user is obliged to regularly save the bookmarks and other data stored in the favattic application, in particular when making changes and supplements.
5.1 The favattic application is available 24 hours, seven days a week, with an availability of 96% in the annual average. This does not apply to downtime for maintenance and software updates as well as to periods in which the platform is not available on the internet due to technical or other problems which are beyond the control of favattic (force majeure, fault of third parties, etc.).
5.2 The service specifications may be changed at any time – without notifying the users in advance – if this is necessary for good cause and if such changes do not put the user in a less favorable condition over the service specification in effect when the contract was concluded (e.g. maintenance or improvement of functionalities) and if the changes do not substantially deviate therefrom. A good cause exists if there are technical innovations in the market for the services to be provided or if third parties providing services to favattic for rendering its performance change their range of services.
6. Right of Use
Under the usage contract and pursuant to the following terms, the user is granted the simple (non-exclusive), non-transferrable and non-sub-licensable right limited to the term of this usage contract to use the favattic online service for the intended purpose. This is not linked to the acquisition of rights in the contents of the platform itself. favattic reserves any copyright or other rights in any contents of the favattic online services, other products and supplementing documentation of favattic.
7. PREMIUM Accounts
Certain functionalities are only accessible to users who have registered as Premium users and who pay for PREMIUM Accounts. You can find all the benefits and functions of PREMIUM Accounts at Premium Section The fee payable by the user is always due at the beginning of a settlement period; the favattic price list applicable when concluding the contract shall apply. All prices stated are including applicable value added tax. In the event of late payment, favattic is entitled to the statutory rights without any restrictions.
8.1 Should the user incur any losses due to use of the services provided free of charge on the platform (including retrieval of free contents), favattic shall be liable only insofar as such loss is due to contractual use of free contents and/or services and only in the event of intent (including malice) or gross negligence of favattic.
8.2 Otherwise, favattic is liable for damage due to intentional or grossly negligent breaches of contract as well for damage resulting from slightly negligent breaches of material contractual duties. In the latter case, the liability of favattic is limited to the foreseeable damage typical of the contract involved. favattic shall not be liable to entrepreneurs for the slightly negligent breach of immaterial contractual duties. favattic reserves the right to object on the grounds of the user’s contributory negligence (in particular, insufficient data back-up). favattic’s statutory liability for personal injury and pursuant to the Product Liability Act as well as under the scope of Section 44a of the Telecommunications Act (TKG) shall not be affected. The aforementioned limitations of liability shall also apply to any breaches of duty by favattic’s legal representatives or vicarious agents.
8.3 favattic expressly disassociates itself from texts posted and the contents of all third-party web sites to which there are direct or indirect links from favattic’s range of services or that are otherwise available via the favattic website and, in particular, the favattic application and/or that are made available by other users. favattic assumes no liability for these contents and pages. For the contents of these sites, the providers of the relevant sites and, if applicable, the users posting the links in the favattic application are themselves responsible.
9. Data Protection
9.2 favattic has taken comprehensive measures to protect the data of users. favattic informs the user explicitly that data protection and data security for data transmission over public networks such as the internet cannot be guaranteed in accordance with state of the art technology. The user knows that the provider may inspect at any time – from a technical point of view – the user’s data stored on the web servers. Under certain circumstances, other users may also be technically capable of intervening in network security without authorization and controlling the traffic of messages. The user is fully responsible for the security and backup of the data he/she transfers to the internet and to web servers.
10 Term, Termination
10.1 Contracts for the free use of the favattic application run for an unspecified term and can be terminated by the user at any time without a period of notice. favattic is entitled to terminate contracts for free use of the favattic application with a two-week period of notice in writing or by email.
10.2 Contracts for chargeable use of the favattic application run for an unspecified term or for a fixed minimum term, depending on the product. Both parties may terminate contracts running for an unspecified term with a period of four weeks to the end of a calendar month. If a minimum term has been agreed, the contract is extended by the minimum term, but for a maximum of one year, unless terminated with a notice period of four weeks to the end of the relevant minimum contractual term.
10.3 The right of both parties to terminate without notice for important cause shall not be affected. In the event of termination for cause, favattic is entitled to block the pages and/or the account of the user immediately.
10.4 Notice of termination can be given in writing or by email. Premium Account users may terminate the contractual relationship by the next possible date using the function “Subscription” under “Settings”. Any downgrades from chargeable accounts to free accounts are regarded as a termination of chargeable use to the next possible date; upon the end of the contractual relationship for the chargeable use, a contractual relationship for free use commences.
10.5. Regardless of and notwithstanding termination, favattic is entitled to restrict access to the account of the user if the user has not used his/her free account for more than six months via the login.
11. Final Provisions
11.1 The exclusive place of jurisdiction for all disputes arising from this contract shall be Hamburg, including if the user is a merchant.
11.2 The law of the Federal Republic of Germany shall apply exclusively to the contracts concluded by favattic on the basis of these General Terms and Conditions of Business and any claims of whatsoever type; the provisions of the UN Sales Convention on the purchase of movable items and of German international private law shall be excluded.