Terms of Service

Oberplan GmbH ("Oberplan" or "we") provides services through our software applications for various devices and platforms ("Apps") and the oberplan.com domain, and any sub domains thereto (the "Sites"). Individually or collectively, Apps and Sites may be referred to as the "Services".

Please read these Terms of Service ("Terms") carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Services.

You represent to Oberplan that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that "you" as used in these Terms includes both you personally and the entity you represent.

Changes to Terms

Oberplan reserves the right, at its sole discretion, to modify these Terms, at any time and without prior notice.

It is your responsibility to check the Terms periodically for changes. Your continued use of Oberplan following the posting of changes will mean that you accept and agree to the changes.

You should discontinue your use of our Services if you do not agree with updated/modified Terms.

Privacy

See Oberplan's Privacy Policy for information concerning Oberplan's collection and use of your personal information. By accessing the Services you are agreeing to the terms of our Privacy Policy.

User accounts

To access the Services you must set up an account with us by providing your email address and selecting a password. You are responsible for keeping your password confidential.

You will be solely responsible and liable for all activities which take place under your account.

You may terminate your account at any time and for any or no reason by logging into your Oberplan account and deleting your account.

Oberplan has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account or (ii) remove and discard any data in your account, with or without notice, and with no liability of any kind to you or third parties.

Any suspension, termination or cancellation will not affect your obligations to Oberplan under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Upon any termination or suspension, any data that you have submitted to the Services may no longer be accessed by you.

Additionally, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party, and in fact, we will remove all your data and any other information related to your account from our servers.

Fees

The Services are currently free, but we reserve the right to charge for use of the Services or parts thereof in the future.

We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

Restrictions

You must not abuse and/or misuse the Services, including but not limited to, doing the following things:

Using the Services for any unlawful purposes or activities.
Uploading any data to the Services in violation of any applicable laws, rules, and regulations, including but not limited to, intellectual property laws, publicity laws and privacy laws.
Uploading data that is harmful, upsetting, or inappropriate.
Renting, leasing, lending, selling, redistributing, reproducing or sublicensing access to the Services.
Impersonating or otherwise misrepresenting any person or entity.
Accessing or tampering with the Services’ server systems.
Interfering with or disrupting the access of any user, host, or network.
Abusing or submitting excessively frequent requests to the Services via the API.

Oberplan, in its sole discretion, will determine abuse and/or misuse of the Services.

Oberplan may investigate and/or suspend or terminate the Services to you at any time if we find your use of the Services violates the Terms and/or any policies.

Changes to the Services

We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Intellectual Property

The Services and its original content (including without limitation the text, source code, site design, structure, layout), features and functionality are and will remain the exclusive property of Oberplan and its licensors.

You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of the Services without our written permission.

Limitation of 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 Services remains with you.

Neither Oberplan nor any other party involved in creating, producing, or delivering the Services will be liable for any direct, indirect, special, incidental or consequential damages (including, without limitation, loss of profits or revenues, costs of replacement goods, loss or corruption of data, service interruption, computer damage or system failure) arising out of the use or inability to use the Services, whether based on warranty, contract, tort or any other legal theory even if Oberplan or its suppliers have been advised of the possibility of such damages.

Under no circumstances will Oberplan be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account or the information contained therein.

Some jurisdictions do not allow the types of limitations in this paragraph. If these laws apply to you, some or all of the foregoing limitations may not apply to you.

Disclaimer of Warranties

The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Oberplan or by third-party providers,or because of other causes beyond our reasonable control.

You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the Services is at your sole risk, and the Services are provided on an "as is" and "as available" basis, with all faults.

To the fullest extent permitted by applicable law, Oberplan expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement arising from use of the Services.

Oberplan makes no warranty, representation or condition that: (1) the Services will meet your requirements or (2) your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions do not allow the types of disclaimers in this paragraph. If these laws apply to you, some or all of the foregoing disclaimers may not apply to you.

Governing Law

These Terms shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of Hanau, Germany.

Should any provisions of these Terms be or become invalid, the validity of the other provisions shall remain unaffected.