1. Scope and changes
1.1. These terms of use regulate the service utilization based relationship between the customer and Elblight, Krumdal 16a, 22587 Hamburg, Germany (Email: support@elblight.com) as a provider of data services.
1.2. Elblight reserves the right to change these terms of use as well as the service description and prices. Elblight notifies the customer of any changes. If changes are made to the detriment of the customer, he can terminate the user relationship without notice. Elblight informs the customer of this right of termination in the notification of change.
2. Usage relationship
2.1. Elblight is a online service that is provided and tested as a beta version for an indefinite period of time. The contract for the currently free use of Elblight is established by an order from the customer in the form of a online registration, for which only an existing e-mail address is required.
3. Services
3.1. After the registration, the customer may create an organization, that includes portfolios and projects. Every customer is free to create more organizations at any time. The creator of an organization automatically becomes its first owner.
Alternatively, a user can join another already existing organization after registration, provided that the owner of this organization has added him to it.
3.2. Elblight is usually available 24 hours a day. However, Elblight cannot guarantee the uninterrupted accessibility and availability of all services. Failures due to possible maintenance work will be announced in advance.
4. Payment
4.1. The use of Elblight is available free of charge without restriction while in beta stage.
5. Obligations of the customer
5.1. The customer will keep the access password to his account secret and change it immediately if unauthorized third parties could have gained knowledge of it.
5.2. The customer is liable for third parties who use or have used services via his account, either authorized or unauthorized. This does not apply if the customer is not responsible for unauthorized use. The customer must provide evidence that he is not responsible for such use.
6. Abuse
6.1. The customer undertakes not to misuse Elblight:
- not to violate any laws
- not to violate regulations for the protection of young people
- not to use any mechanisms, software or scripts in connection with the use of the services that could impair or disrupt the functioning of Elblight
6.2. The customer is liable to Elblight for damage caused by violating his obligations under 6.1 and releases Elblight from any third party claims in this regard. This does not apply if he is not responsible for the violation. The customer must provide evidence that he is not responsible for the violation.
6.3. If the customer uses Elblight contrary to the provisions of 6.1, the user account can be blocked by Elblight without prior notice. The right to terminate the contract without notice remains unaffected.
7. Privacy
7.1. Elblight and the customer will comply with the statutory data protection requirements, in particular according to the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG). Inventory and usage data of the customer are only collected, processed or used insofar as this is necessary for the execution of the contractual relationship.
7.2. In order to ensure the service integrity and compliance with the Terms of Use of Elblight, in cases of reasonable suspicion of misuse Elblight is entitled to determine polluters and restrict the usage of services for these customers.
7.3. Further information on the type, scope and purpose of the collection, processing and use of personal and other data can be found in the Privacy Policy of Elblight.
8. Warranty and liability
8.1. Elblight is expressly offered to its users as a beta version and free of charge for testing. It protects the managed data as far as this is possible with the current state of the art. With the continuous further development of the services through updates, however, data can occasionally be lost despite the greatest care. Elblight assumes no liability for this in test operation, so use is at your own risk.
8.2. Elblight does not guarantee that all of the services mentioned under item 3 are available and free of errors at all times. This applies in particular if access to these services is caused by disruptions that are beyond the control of Elblight. Elblight will immediately eliminate disruptions to the services mentioned under item 3 within the scope of the existing technical and operational possibilities.
9. Termination and deletion of the account
9.1. The usage relationship runs for an indefinite period. It can be terminated by the customer at any time by deleting the organization within Elblight or by Elblight at the end of a month with a notice period of one month. The right to terminate the contract without notice in accordance with section 1.2 or for an important reason (sections 5 and 6) remains unaffected.
9.2. The customer can only terminate the relationship via the Elblight administration/organization menu. Elblight can terminate the user relationship by email.
9.3. The data that is managed by the customer in the role of an organization owner is immediately deleted from the effective date of termination.
10. Governing Law
10.1. The law of the Federal Republic of Germany applies exclusively to all legal relationships between Elblight and the customer. The law of the United Nations Convention on the International Sale of Goods (“CISG”) does not apply.