1. OUR SERVICES

 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

 

We are the owner or the licensee of all intellectual property rights our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Germany and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only. 

 

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@eightplanner.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible posting, reproducing, o displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.

 

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services(“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

 

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non exclusive, transferable, royalty free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media format and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

 

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will
  not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of

(a) this section,

(b) any third party’s intellectual property rights, or

(c) applicable law.

 

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinio, we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

 

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.

 

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) you have the legal capacity and you agree to comply with these Legal Terms;

(4) you are not under the age of 13;

(5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;

(6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; 

(7) you will not use the Services for any illegal or unauthorized purpose; and

(8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

 

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

5. SUBSCRIPTIONS AND REFUNDS

In short: You will have the opportunity to purchase subscriptions in EIGHT

1. Types of Subscriptions Offered:

EIGHT presents various subscription options for its esteemed users:

•  Monthly renewal subscriptions.
• Prepaid subscriptions span durations of three, and twelve months.

 

2. Automatic Renewal Authorization:

By subscribing to any of EIGHT’s automatically renewing plans, the user authorizes EIGHT to initiate periodic charges (as defined by the subscription plan) to the designated payment method. This authorization will persist until the user provides explicit notice to terminate this consent or to modify the payment method. Notifications made post-charge initiation will not reverse or halt the said transaction.

 

3. Monthly Subscription Terms:

Upon subscribing to EIGHT’s monthly plan:

• The user will incur a recurring monthly charge at the prevailing subscription rate.
• The subscription is designed to automatically renew at the conclusion of each month, resulting in the deduction of the respective amount from the user’s payment method.
• To discontinue the monthly auto-renewal, users must communicate their intention to EIGHT a minimum of one business day before the succeeding charge. This can be executed by sending an email to contact@eightplanner.com or through the respective application store settings.

 

4. Prepaid Subscription Terms:

For those who opt for the prepaid subscription models:

• The user pays an upfront amount correlating with the subscription duration.
• As each prepaid term concludes, the subscription will auto-renew for a subsequent term of equivalent duration, and the respective fee will be deducted from the user’s payment method.
• Termination requests for auto-renewal must be communicated to EIGHT a minimum of one business day prior to the succeeding renewal. Instructions for cancellation are analogous to those detailed in the monthly subscription section.

 

5. Refund Policy for EIGHT Subscriptions:

For purchases made within the EIGHT application:

• Such transactions are facilitated by Apple or Google, depending on the device’s operating system. Here is the refund process from Apple and Google Play for your reference: Request a refund for apps or content that you bought from Apple Request a refund for apps or content that you bought from Google Play.
• Refund requests for these transactions must be directed to the respective platform (Apple or Google), as they possess sole discretion over such matters. EIGHT cannot intervene or bear responsibility for decisions made by these platforms regarding refund requests.

 

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Services, you agree not to:

 

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person oruse the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices  (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorize  script or other software. 
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

 

7. USER GENERATED CONTRIBUTIO

 

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and  warrant that:

 

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the  necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services,  and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
  libelous, slanderous, or otherwise objectionable (as determined by us).
• your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
•  Your Contributions are not used to harass or threaten(inthe legal sense  of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link tomaterial that violates, any
   provision of these Legal Terms, or any applicable law or regulation.

 

Any use of the Services in violation of the foregoing violates these Legal Terms and may
result in, among other things, termination or suspension of your rights to use the Services.

 

8. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non exclusive, transferable, royalty free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial,  advertising, or otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and  authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service  arks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intelle ctual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you i n any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion,

 

(1) to edit, redact, or otherwise change any Contributions;

(2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and

(3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

9. MOBILE APPLICATION LICENSE

Use License

 

If you access the Services via the App, then we grant you a revocable, non-exclusive, non transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you , and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:

 

(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;

(5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;

(7) use the App for creating a product, service, or software that is, directly or indirectly,  competitive with or in any way a substitute for the App;

(8) use the App to send automated queries to any website or to send any unsolicited commercial email; or

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

 

Apple and Android Devices

 

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services:

 

(1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

(2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each
 App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

(3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App  Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;

(4) you represent and warrant
that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US  government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties;

(5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and

(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms,  and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party  beneficiary thereof.

 

10. SOCIAL MEDIA

 

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account a “Third-Party Account”) by either:

 

(1) providing your Third-Party Account login information through the Services; or

(2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third Party Accounts, you understand that

(1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and

(2) we may submit to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third Party Accunt. Depending on the  Third Party Accounts you choose and subject to the privacy  settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will  have the ability to disable the connection between your account on the Services  and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any So cial Network Content for any purpose, including but notlimited to, for accuracy, legality, or non infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account 

 

11. THIRD-PARTY WEBSITES AND CONTENT

 

The Services may contain (or you may be sent via the Site or App)links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no long egovern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other  websites and from other companies, and we take no responsibility whatsoever inrelation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by  you or harm caused to you relating to or resulting in any way from any Third-Party  Content or any contact with Third Party Websites.

 

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

 

(1) monitor the Services for violations of these Legal Terms;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole  discretion and without limitation, notice, or  liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;  and

(5) otherwise manage the Services in a manner designed to protect our rights and property and
to facilitate the proper functioning of the Services

 

13. PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy: _[PUT THE LINK TO YOUR PRIVACY POLICY HERE]_. By using the Services, you agree to be bound by our Privacy Policy, which  is incorporated into these Legal Terms. Please be advised the Services are hosted in Germany. If you access the Services from any other region of the world with law or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of the Services, you are transferring your data to Germany, and you expressly consent to have your data transferred to and processed in Germany. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical .

 

14. COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent  the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

 

15. TERM AND TERMINATION

These Legal Terms shall remain in  force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDINGWITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANYAPPLICABLE  LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOUPOSTED AT ANY TIME, WIT HOUT WARNING, IN OUR SOLEDISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

16. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service .We cannot guarantee the Services  will be available at all times.

We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We  reserve the right to change, revise, update,  suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will  be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

17. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of Germany, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Dr. med. Caren Seifert and you both agree to submit to the non exclusive jurisdiction of the courts of Leipzig, which means that you may make a claim to defend your consumer protection rights in regard to these Legal Terms in Germany, or in the EU country in which you reside .

 

18. DISPUTE RESOLUTION

 

Informal Negotiation

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before  nitiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The  seat of arbitration shall be Leipzig, Germany. The language of the proceedings shall be German and English. Applicable rules of substantive law shall be the law  of  Germany.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons .

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:

(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;

(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute  falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the  personal jurisdiction of that court. 

 

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

 

20. DISCLAIMER

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLESTEXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTIONWITH THE SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOU LIMITATION, THE IMPLIED  WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPO E, AND
NON-IFRINGEMENT. WE MAKENO WA RRANTIES OR REPRESENTATIONS ABOUT THE  ACCURACY ORCOMPLETENESS OF THE SERVICES’ CONTENT OR THECONTENT OF ANY  WEBSITES OR MOBILE APPLICATIONS LINKED TO THESERVICES AND  WE WILL ASSUME NO LABILITY OR RESPONSIBILITY FOR ANY

 

(1) ERRORS, MISTAKES, OR INACCURAIES OF CONTENT AND MATER IALS,

(2)PERSONAL INJURY OR PROPERTYDAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,

(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANYAND ALL PERSONALINFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,

(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH MAY BE  TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR

(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED  S A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA  THE SERVICES. WE DO NO WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, ORANY WEBSITE OR MOBILE
APPLICATION FEATURED IN  ANY BANNER OR OTHERADVERTISING, AND WE  WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR  SERVICE THROUGH ANY MEDIUM OR IN AN  ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

21. LIMITATIONS OF LIABILITY AND USER OBLIGATION

 

• Scope: This clause applies to damages or injury from failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access, alteration of, or use of record in connection with the EIGHT app, under any legal theory.
• Limitation: EIGHT, it svsuppliers, or licensors shall not be liable for anyspecial, incidental, indirect, or consequentialdamages  whatsoever arising from the use or inability to use the app o related services, even if advised of such damages’ possibility.
• Jurisdictional Considerations: Some jurisdictions, including Germany, may not fully allow the limitation or exclusion of liability for incidental or consequential damages.
• Maximum Liability: The maximum liability of EIGHT and its suppliers for all damages, losses, and causes of action shall be  limited to the amount paid by the user for the app or three (3)months of subscription fees, whichever is lower.

 

 

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, r demand, including reason able attorneys’ fees and expenses, made by any third party due to  or arising out of:

 

(1) your Contributions;

(2) use of the Services;

(3) breach of these Legal Terms;

(4) any breach of your representations and warranties set forth in these Legal Terms;

(5) your violation of the  rights of a third party, including but not limited to intellectual property rights; or

(6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control  of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification  upon becoming aware of it.

 

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing  the performance of the Services, as well as data relating to your use  of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from  any such loss or corruption of such data.

 

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing.

 

YOU  HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SERVICES.

 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non electronic records, or to payments or the granting of credits by any means other than electronic means.

 

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not  operate as a waiver of such rig ht or provision. These Legal Terms operate to the fullest extent permissible by law.  e may assign any or all of our righ ts and obligations to others at any  time. We shall not be respnsible or liable for any loss, damage,  delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all  defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

 

26. CONTACT US

 

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

Dr. Med. Caren Seifert

Karl-Tauchnitz-Straße 3
Leipzig, Sachsen 04107
Germany
contact@eightplanner.com