Terms for using the Pomfort accountNovember 2023
Scope of Application
- If you (hereinafter: "User” or “you") create and use a personal account (hereinafter: “Pomfort Account”) on the website operated by Pomfort GmbH (hereinafter: “Pomfort” or “we”), the following terms (hereinafter: “Pomfort Account Terms”) apply. If you do not wish to be bound by these Pomfort Account Terms, you may not use the services offered.
- Pomfort and the User enter into an agreement for using the Pomfort Account (hereinafter: “Account Agreement”) if the User clicks on the activation link, sent by Pomfort after the User has registered. The language provided for the conclusion of the agreement is English.
- When you enter into the Account Agreement with us, you must be fully legally competent and operate as a business customer (not as consumer).
- Pomfort is entitled to change these Terms for Pomfort Account within an existing contractual relationship if the User agrees. The User's consent shall be deemed to have been given if Pomfort has notified the User in text form no later than 6 weeks before the proposed date of its entry into force and the User has not objected in text form within 6 weeks after receiving the notice. In this notice, Pomfort informs about the respective changes by means of a special, highlighted reference to the relevant changes.
The Pomfort account
- We offer the free use of the Pomfort Account (hereinafter “our offer/Pomfort`s offer”), which allows you to view and manage details of licenses or subscriptions. You can also download your licensed applications as well as trial versions. You can also sign into the ShotHub web application and use it via the Pomfort Account.
- Before you finish your registration, you can check all your data and especially correct input errors by editing the editable fields.
- You use the Pomfort Account at your own risk. You are solely responsible for any damage to your computer system, or other technical equipment used for the use, for the loss of data or for other damages and also for damages of third parties, which you cause in this context.
- Pomfort does not warrant to you that using the Pomfort Account will meet your requirements and will be available at all times without interruption, timely, secure and error-free. Pomfort makes no warranty as to the results that may be obtained from the use of Pomfort’s offer or as to the accuracy or reliability of any information obtained through our offer.
Requirements when using the Pomfort account
- The User undertakes to provide truthful, up-to-date and complete information in the registration form for the creation of a Pomfort Account and to keep this information up to date in the Pomfort Account at all times.
- The User undertakes to manage his Pomfort Account personally. He must therefore ensure that his Pomfort Account is used only by himself. The disclosure of the password and the transfer of the Pomfort Account to other persons is prohibited.
- The User informs Pomfort immediately about any misuse of his password or his Pomfort Account.
- You will provide the technical requirements necessary for using the Pomfort Account (e.g. Internet connection, mobile phone connection) yourself at your own expense.
- You agree to refrain from any action that interferes or may interfere with the functioning of our services. In particular, you may not, within the scope of the use of the Pomfort Account:
- store, publish and/or transmit data, texts, images, files, links, software or other content that is illegal, harmful, threatening, abusive, harassing, defamatory or offensive, vulgar, obscene, hateful, racist or in any other way objectionable according to the relevant legal provisions or in our opinion or that may harm minors in any way, in particular pornographic, glorifying violence or otherwise harmful to minors;
- store, publish and/or transmit content that infringes the rights of third parties, in particular patents, trademarks, copyrights or ancillary copyrights, trade secrets, personal rights or property rights;
- store, post and/or transmit any material that contains software viruses or any other information, files or programs designed or effective to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- modify, adapt, translate, edit, de-compile, disassemble or otherwise attempt to discover the source code of our offer, except to the extent that de-compilation is permitted by law under Section 69 e of the German Copyright Act; otherwise gain access to or disclose the source code of our offer to anyone; transfer, sublicense, pledge, lend, rent, sell or commercially distribute our offer to any third party; or (d) create new works based on our offer, adapt such works or put them into circulation or sell them;
- store, publish and/or transmit content that you are not authorized to share;
- collect, store or transmit personal data about other Users, unless the persons concerned agree to it;
Our intellectual property
- Pomfort’s offer is protected by intellectual property rights (such as copyrights, patents or trademarks). All intellectual property rights, and the underlying source codes regarding our products and services are reserved exclusively to Pomfort and are its exclusive property.
- You acknowledge that all rights to Pomforts’ offer are Pomfort’s exclusive property and you shall not use them or remove references to Pomfort’s ownership of rights without the prior, express, written consent of Pomfort. In particular, you may not use the Pomfort trademark, copy, modify, disassemble, create a derivative work of, or attempt to discover the source code of any Software, sell, assign, sublicense, or transfer any rights in the Software, or boast of any rights.
- Pomfort grants you during the respective term a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right to access and use the Pomfort Account.
- Pomfort shall be liable to the User acting as legal entities as follows: For contractual and other claims of the User on the merits only for damages of the User (1) which Pomfort, Pomfort's legal representatives or vicarious agents have caused intentionally or by gross negligence, (2) from injury to life, body or health which is based on a breach of duty by Pomfort or Pomfort's legal representatives or vicarious agents, (3) in cases of liability under the German Product Liability Act (“Produkthaftungsgesetz”), the assumption of a guarantee or due to fraudulent misrepresentation and (4) arising from the breach of an obligation the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the Supplier regularly relies and may rely (so-called cardinal obligation).
- The liability of Pomfort is in cases (1), (2) and (3) of the above paragraph unlimited in amount. Otherwise, liability is limited to the foreseeable damage typical for the contract.
- In cases other than those mentioned in 6.1. and 6.2. and without prejudice to the following paragraph, liability on Pomfort's part is excluded irrespective of the legal grounds.
- The above limitations of liability shall apply accordingly to all of Pomfort's organs, employees and vicarious agents. They do not effect any change in the statutory burden of proof.
Termination and account deletion
- The Account Agreement concluded between Pomfort and the User is basically unlimited in time.
- The User can terminate the Account Agreement by deleting the Pomfort Account at any time. However, if you want to use our products and services for which you need the Pomfort Account (e.g. ShotHub), you will not be able to continue using these products and services.
- We are entitled to terminate the Account Agreement and delete your Pomfort-Account any time, especially if you are in breach of these Terms for Pomfort Account or if you have failed to comply with any material terms of these Terms for Pomfort Account. We also have the right to delete your Pomfort-Account in case you have no valid license or subscription and have not accessed your Pomfort-Account for 24 consecutive months. In the latter case, we will send you two notices to remind you to log in before we delete your Pomfort Account.
- Other verbal or written agreements do not exist.
- The complete text of the Account Agreement is not stored by us for you. Before entering into the Account Agreement, you can print the contract data or save it electronically.
- The laws of the Federal Republic of Germany shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction for all disputes between Pomfort and the User is Munich, Germany.
- Cancellation, amendments or additions to the Account Agreement must be made in writing. Verbal agreements, including the verbal agreement of the cancellation of the written form are invalid.
- If individual provisions of these Pomfort Account Terms are or become invalid in whole or in part, the contract shall remain valid. The invalid provision shall be replaced by the statutory provision.