Terms of Service

ACCESSING, BROWSING, SIGNING UP TO, LOGGING IN TO, OR OTHERWISE USING THE WEBSITES AND SERVICES PROVIDED INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF SERVICE (HEREINAFTER: “TOS”) AND ANY OTHER RELATED POLICIES. PLEASE READ THESE TOS AND RELATED POLICIES CAREFULLY BEFORE PROCEEDING. YOU SHOULD USE YOUR BEST JUDGMENT BEFORE ACCESSING THIS WEBSITE, USING OUR SERVICES, AND CONDUCTING TRANSACTIONS THROUGH IT. IF YOU DO NOT AGREE WITH THESE TOS OR RELATED POLICIES, PLEASE LEAVE THE WEBSITE IMMEDIATELY AND DO NOT USE OUR SERVICES. BY CONTINUING TO USE THE WEBSITE OR RELATED SERVICES, YOU UNCONDITIONALLY CONSENT TO OUR TOS AND RELATED POLICIES, RULES, AND REGULATIONS.

These Terms of Service (hereinafter referred to as “TOS”) are an electronic record generated by a computer system and does not require any physical or digital signatures.

We, contentsync, provide content synchronization for the CMS Drupal and WordPress at https://www.content-sync.io/

The above domain name (hereinafter referred to as “Website”) is owned, operated and made available by Edge Box GmbH, headquartered in Am roten Morgen 75, 64846 Gross-Zimmern, Germany, hereinafter referred to as “EB”).

Preamble: Precedence of Agreements

1. Precedence of Master Subscription Agreement

1.1 Customers with an MSA: If you are a user associated with a customer (hereinafter referred to as “Customer”) who has entered into a Master Service Agreement (MSA) with EB, the terms and conditions of the MSA will take precedence over these Terms of Service (TOS) to the extent of any conflict or inconsistency between the MSA and these TOS. The MSA governs the relationship between EB and the Customer, including but not limited to, service provision, payment terms, confidentiality, data practices, and liability.

1.2 Inconsistent Provisions: Where the MSA explicitly covers any aspect of the service or rights and obligations of the Customer, those specific provisions in the MSA will override the corresponding sections of these TOS for users associated with the Customer. In all other respects, these TOS shall apply to such users to the extent they do not conflict with the MSA.

2. Application of Terms of Service

2.1 Users Without an MSA: For all users who are not associated with a Customer under an MSA, these Terms of Service (TOS) apply fully and govern your access to and use of EB’s services.

2.2 General Application: For clarity, in situations where no MSA exists or where the MSA is silent on a particular matter, these TOS will govern all aspects of your relationship with EB.

Terms of Service

1. Legal Definitions

Throughout the content of these TOS, references to “User” or “Subscriber” or “You” shall mean the end user accessing the Website, its contents and subscribing to use the Services offered through the Website indicated above, by providing registration data using the computer or other compatible device/systems.

“EB” shall mean Edge Box GmbH, its associates, franchisor, affiliates, and partners.

“Service Providers” shall mean independent third-party service providers.

“Force Majeure Event“ means an event, or a series of related events, that is outside the reasonable control of the party affected, including, but not limited to circumstances described in the following subchapters.

“User” – a person who is visiting our Website but does not subscribe to any of our Services.

“Subscriber” – a person who registered on our Website and is using our Services, including free services and free trial of paid services.

“Site” or “Website” – A website that’s available through a unique domain name. Different domain names, e.g. “example.com” and “news.example.com”, constitute different Sites. Different protocols, e.g. “http://” and “https://”, or different paths, e.g. “example.com/en” and “example.com/de”, don’t constitute different Sites.

“Ticket” – an issue with the service that was reported as a ticket using the helpdesk at https://support.cms-content-sync.io/. A ticket can have one of the following priorities:

  • High: The service is completely unavailable or unusable for all users and all sites of the Subscriber and there is no workaround.
  • Medium: The service is partially unavailable or restricted in functionality, e.g. the service doesn’t work for specific sites or specific content items of the Subscriber and there is no workaround.
  • Low: The service is partially unavailable or restricted in functionality, e.g. the service doesn’t work for specific sites or specific content items of the Subscriber and there is a workaround.

“Uptime” – The time span at which the service is available per month relative to the whole month. The uptime is measured every minute. The service uptime is the average of the availability of the following three componets that Subscriber uses:

  • The backend (https://app.cms-content-sync.io)
  • The frontend (https://embed.cms-content-sync.io)
  • The Sync Core (variable URL)

Availability requires the component to respond with an HTTP status code between 200 and 399 and no general error. A general error is an unexpected response that is sent regardless of which client makes the request, the exact URL and the request body and request headers the client sends. Any other error that is specific to a request, including but not limited to, the requesting user, their browser, their operating system, the Site’s Drupal/Wordpress/library/module/plugin version, the Site, the Subscription, the Site’s configuration or a specific content item is not considered a general error. If a component is not available due to a Force Majeure Event the Force Majeure Event time span is not included in the component’s monthly Uptime / availability.

“1st level Support” – a person employed by EB who responds to issues and questions arising from the direct usage of the product. This person has no deeper understanding of the software on a technical level, but can respond directly to general questions, issues that are common and thus documented in a wiki and issues related to a known downtime.

“2nd level Support” – A person employed by EB who is able to track down issues reported from the 1st level Support by reviewing the configuration of the software, the availability of the software and the logs on either end to point to the source of the issue. This person understands how the software works on a technical level but has no access to the source code. This person decides whether the issue arises from the usage of the software, the installation / environment of the software or from the software itself.

“3rd level Support” – A person employed by EB who has access to the source code of the software and can debug issues based on the analysis from the 2nd level Support if it is a software issue.

“Proposal” or “Appendix” – a digital page or document describing the exact terms of an agreement between EB and User/Subscriber. A Proposal does not replace the TOS. A Proposal extends the general TOS described here. Users subscribing online are provided with a proposal during the checkout before the purchase. Users signing a contract are given a digital text document for signing.

“Business hours” – The hours between 9am and 5pm (9 – 17) in Germany (CET / CEST time zone) on regular business days and excluding official German holidays.

“Update” – Every request from contentsync to a Site of Subscriber/User to create, modify or delete content on that Site is considered 0.5 (½) to 8 updates, depending on the Site priority and the Update priority. The formula for the Update count that an individual request counts as is: [Site priority] x [Update priority].

“Update limit” – The maximum number of Updates that are allowed per Subscription month. The total Update limit for a Subscription is equal to the number of paid Sites in that Subscription multiplied with the Update limit per Site of the Subscription.

“Site priority” – The priority defining in what order updates are applied by contentsync. contentsync processes updates for the most important sites first across all its customers. Possible priorities are from lowest to highest:

  • “Less important”: Testing sites are always assigned “Less important” as their priority so they will always be processed last and count as 0.5 (½) Updates.
  • “Important”: The default Site priority where each Update counts as 1 Update.
  • “Very important”: Each Update counts as 2 Updates.
  • “Critical”: Each Update counts as 4 Updates.

“Update priority” – The priority defining in what order updates are applied by contentsync. contentsync processes updates with the highest Update priority first across all sites with the same Site priority across all its customers. The Update priority can be “default” or “high” and is assigned when content is published to contentsync. If no Update priority is assigned, the “default” Update priority is used. If “high” is assigned as the Update priority, the Update counts as twice as many updates; an Update priority of “default” has no effect.

2. Our Services and the scope of TOS

2.0. We provide the service of content synchronization in two variations:
a) as a Software as a Service model and
b) a self-hosted variant.

We facilitate the online access to the Services and use of our Services through appropriate subscription plans, described in the Proposal.

The following Terms of Service basically concern Users / Subscribers that are hosted by contentsync (not including self – hosted Users/Subscribers, subject to individual License Agreements), meaning the persons that utilise Software as a Service model. However, since EB also allows the persons to surf the Website without registering on the Website and allows self-hosted Users / Subscribers to use the Cloud version with their on-premise License Agreement, these Terms of Service may also apply to such persons, including self – hosted Users.

2.1. We offer two different products: 1) “Content Staging” and 2) “Content Syndication”.
Each product has 4 pricing categories:
– Category “Free” or “Trial”: We provide limited service on a “best effort” basis. No guarantees regarding uptime or functionality.
– Category “Starter”: We provide service for at least 4h during Business Hours and no personal Support.
– Category “Business”: We provide 24/7 service with 8h response time during business hours for high priority tickets. Uptime guarantee: 99%.
– Category “Enterprise”: We provide 24/7 service with 2h response time during business hours for high priority tickets. Uptime guarantee: 99.5%.

2.2. Each product has a different price for each pricing category. If there is any change in pricing during the term of User/Subscriber’s agreement, User/Subscriber will be notified at least 60 days in advance. If User/Subscriber does not agree with the new pricing, User/Subscriber may cancel the service with 14 days’ notice by emailing [email protected]. User/Subscriber will be responsible for any fees due until the cancellation date.

2.3. Contentsync’s services, as a matter of principle, must be purchased from EB. However, we aim to provide selected contracts with terms ranging from 0 to X months to facilitate free evaluation (variable for marketing and special offers). We provide discounts of X% as special offers (variable). The specific offer shall stipulate other specific conditions of the offer, if any.

3. Access to our Website and Services

3.0. Access and Use of Website/Services shall be subject to these Terms of Service, including, to limited extent, cases in which a person is only visiting our Website and does not subscribe to our services. All visitors are subject to privacy policy, which is drafted in a separate document accessible on our Website. Moreover, usage of the Website is strictly available only to persons who can form legally binding contracts under applicable law.

3.1. If upon confirmation a User/Subscriber’s details are found to be incorrect (wholly or partly), then EB has the right in its sole discretion to reject, cancel or terminate the subscription and debar such User/Subscriber from accessing and/or using the Services without prior written intimation whatsoever. Without prejudice to any other rights available, in such circumstances EB, has the right to sue against such User/Subscriber for providing false information, in addition to any other legal remedies, if available in given circumstances.

3.2. The content of the Website, including but not limited to, text, audio, video, photographs, banners, illustrations, graphics and other visuals, is for informational purposes only and does not constitute an advice of any kind. User/Subscribers are advised, not to rely solely on the information provided on the Website and are advised to take prudent decision before making subscriptions to the Services.

3.3. Access to the Website and use of the Services are limited to the User/Subscriber’s internal business purposes only and should not be used for any unauthorized purposes.

3.4. User/Subscriber may submit, store any form of electronic data including but not limited to text, messages, communication, personally identifiable information or personal data (see our privacy policy on rules governing personal data). The data submitted or stored by User/Subscriber cannot violate the laws of Germany and country in which the User/Subscriber is residing / is headquartered. User/Subscriber hereby declares and agrees that User/Subscriber are the “absolute owners” of the Service Data and any other information provided to EB. With regards to Service Data that includes personal information or personal data, it is agreed to by both the Parties that under any circumstances, EB shall not be deemed as a data controller under any applicable law or regulation for the time being in force.

3.5. User/Subscriber agrees that EB shall have the right to collect, use, analyze User/Subscriber’s Service Data for purposes related to the Services, to the extent allowable in applicable law, including General Data Protection Regulation and to the extent not prohibited in our Privacy Policy. This service Data may include but it is not limited to diagnostic/course corrective measures and also for the overall development and enhancement of the Website/Services.

3.6. By using the Services, User/Subscribers are prohibited from:

  • Hacking the Website for gaining unauthorized access to the Services or its associated Services;
  • Sending unsolicited or unauthorized mails, or other form of unsolicited messages;
  • Infringing a third party’s intellectual property rights by storing or transmitting files, materials, data, text, audio, video, images or other content that leads to infringement;
  • Using the Website/Services in such a manner that interferes or interrupts the normal functioning of the Website/Services;
  • Attempting to discover the Source data and/or deciphering, decompiling, reverse engineering the Website/Services;
  • Posting, transmitting, uploading, any links containing unlawful contents, including but not limited to contents related to racism, obscenity or other forms of abusive, libelous, scandalous contents;
  • Posting, transmitting, uploading, any links containing viruses, malware, Trojan horses, time bombs, or any other malicious software.

3.7. EB reserves the right to modify, add, or remove any portions of these TOS and related policies at its sole discretion. For any material changes that impact pricing, service quality, or user obligations, EB will notify User/Subscriber at least 60 days in advance. For any other changes, EB will notify User/Subscriber as these changes take effect. Continued use of the Website and Services after changes are posted signifies User/Subscriber’s acceptance of the revised terms. If User/Subscriber does not agree with the changes, User/Subscriber may terminate their agreement with 30 days’ notice, provided via email to [email protected]. All charges due until the termination date must be paid.

3.8. If the User/Subscriber does not accept TOS or amended TOS, the User/Subscriber shall not visit or use the Website any longer. If the Subscriber does not accept amended TOS, the Subscriber is entitled, provided that amendments do not concern pricing, to terminate this agreement upon 30 days’ notice sent via email to [email protected]

Nevertheless, the User / Subscriber is obligated to pay all charges due until the date of cancellation.

4. User Account

4.0. During registration process, the User is required to provide EB with the following information to register an account, which may include personally identifiable information and EB’s Privacy Policy are herein incorporated by reference and deemed to be part and parcel of TOS, governing such usage on personally identifiable information:

  • Name;
  • Password chosen by the User;
  • Email address;
  • Address (including country and ZIP/postal code);
  • Phone number, including mobile number;
  • Valid financial information;
  • Any other details that may be required during registration process, as determined solely by EB from time to time and any other details as the User may wish to provide voluntarily.

4.1. User/Subscriber is responsible for maintaining the confidentiality of their account credentials. User/Subscriber must notify EB immediately of any unauthorized use of their account. User/Subscriber is responsible for all activities under their account, regardless of whether they authorized them.

4.2. User/Subscriber shall be responsible for all activities that occur under your Account and Password.

4.3. User/Subscriber agrees to immediately notify EB of any unauthorized use of User/Subscriber’s password or account or any other breach of security, and ensures that User/Subscriber exits from the account at the end of each session.

5. Subscription plans, billing and payments

5.0. User/Subscriber may choose or select any of the Subscription plans related to the Services that are best suited to them, described in detail in Proposal.

5.1. Subscription Charges associated with the Subscription plans are paid on a monthly or yearly basis. The amounts of charges and due dates are specified in Proposal.

5.2. Any written notice given by EB to the User/Subscriber and given by the User/Subscriber to the HC under these Terms of Service must be either:

(a) delivered personally or

(b) sent by courier or

(c) sent by recorded signed-for post or

(e) sent by email or

(f) submitted using the User’s online contractual notification facility,

using the relevant contact details set out in the Proposal.

5.3. The contact details may be updated from time to time by a Party giving written notice of the update to the other Party.

5.4. Subscription Charges become due in full at the start of each subscription term. If payment is not received by the due date, EB may charge statutory interest on the outstanding balance and suspend or terminate User/Subscriber’s account.

5.5. Subscription Charges become due in full upon renewal of a User/Subscriber’s Subscription term. If a User/Subscriber fails to pay their relevant Subscription Charges, or the payment is due or becomes delinquent, such User/Subscriber shall immediately make the payment within three (3) business days of EB’s notice. Failure to pay will enable EB to charge a monthly statutory interest on any outstanding balance, as prescribed in Section 246 or 352 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). This amount does not include all expenses of collection, and/or may result in immediate suspension or termination of the User/Subscriber’s account to access and/or use of the Website/Services.

5.6. No refunds or pro-rata refunds will be issued if User/Subscriber stops using the services before the end of your subscription term, except as required by applicable law.

5.7. The Subscription Charges are exclusive of any taxes, levies, duties, including but not limited to value-added tax, sales or use tax, withholding tax imposed and/or assessed by any local, state, provincial governmental authority or by any German or foreign government. Unless and until EB is legally obligated and bound to include taxes on the invoice for Subscription Charges, it is the duty and responsibility of a User/Subscriber for paying such taxes except those taxes that are assessable and payable by EB on its income.

5.8. Unless stated otherwise in the Proposal the price of the provided Service is per Site. User/Subscriber pays the Subscription fee for every Site they connect to contentsync. User/Subscriber can connect Sites that are solely used for testing contentsync free of charge; these testing Sites may not be publicly available, may not be connected to another non-testing Site using contentsync and may not be used for any other purpose than testing. Unless stated otherwise in the Proposal the price per Site only allows a Site priority of “Less important” for testing sites and “Important” for all other sites and only a “default” Update priority.

5.9. Usage of the Service is subject to a specific Update limit per month, as defined in the selected plan of User/Subscriber. If User/Subscriber exceeds this limit, the Service will pause until the next subscription month unless additional capacity is purchased.

5.10 User/Subscriber pays a minimum fee per month. Unless stated otherwise in the Proposal the minimum fee is equal to the fee for one Site for the Subscription.

5.11 User/Subscriber is not allowed to use contentsync for more Sites than User/Subsriber purchased. If User/Subsriber exceeds the number of Sites they purchased, User/Subscriber is charged without prior notice for the exceeding number of Sites for the remainder of the current payment term.

6. The term of this Agreement and termination

6.0. The term of this Agreement is 1 (one) month by default if the Subscriber did not choose terms: 3 months, 6 months, 1 year or 3 years. The price for subscription concerning all contract terms is the same and is described in the details of the Proposal. The Agreement is subject to renewal if not terminated by each Party within the period:

  • last 2 weeks of the contract in case of 1-month contract,
  • last 4 weeks of the contract in case of 3-months contract,
  • last 2 months of the contract in case of 6-months contract,
  • last 3 months of the contract in case of 1-year contract and 3-year contract.

For contracts lasting longer than 1 year, the price is automatically increased annually based on the “HICP – Overall index” from 3 months prior.

6.1. User/Subscriber may cancel or terminate their subscription at any time, but no refunds will be provided for unused services.

6.2. EB reserves the right to modify or discontinue any or all part of the Services either temporarily or permanently.

6.3. EB reserves the right to immediately suspend or terminate services if it reasonably believes that User/Subscriber has violated the TOS, is using the services in an unintended way, or is engaging in fraudulent activities.

6.4. User/Subscriber can choose to automatically increase/decrease the number of sites upon renewal so that the number of Sites of the Subscription renewal is adjusted based on the number of active Sites that contentsync has knowledge of. If User/Subscriber uses contentsync on more Sites than they have purchased, the number of Sites of the Subscription will always increase to the number of active Sites that contentsync has knowledge of. The increase and decrease of the number of sites of the Subscription renewal can result in a different total price for the Subscription, based on the terms of this Agreement and the Proposal.

6.5. EB reserves the right to immediately cancel all services of Subscriber and/or exclude individual members of Subscriber’s team from contentsync services and support in case of offensive/demeaning/inappropriate/insulting behavior by any person working for or representing Subscriber.

7. Indemnity, liability and discounts

7.0. User/Subscriber agrees to use the Website and Services in compliance with all applicable laws and regulations.

7.1. User/Subscriber shall indemnify and hold harmless EB and its affiliates against any claims arising from User/Subscriber’s unauthorized use of the Services, including but not limited to intellectual property infringement.

7.2. If EB is prevented from fulfilling its obligations due to a Force Majeure Event, it will be excused from liability to the extent that the event prevents performance.

7.3. If EB fails to meet the uptime guarantee or response times in any given month, User/Subscriber will receive a discount on that month’s charges, applied as a credit toward future services.

7.4. We offer the following additional discounts:
– Volume discount, applied individually depending on the number of products purchased and the number of paid Sites of a Subscription.
– Reseller discount, applied individually if the Client overtakes the 1st level support and 2nd level support (analysis) for their clients.
– Contract term, applied individually if the contract term is longer than 1 month. It can either be 1 month, 3 months, 6 months or 12 months.
– Advance payments, applied individually if the product or license is purchased for more than one month in advance (default).
– Marketing support, applied individually if the client supports our marketing and/or sales team according to individual terms. This includes but is not limited to being displayed as a testimonial, answering questions of other customers and talking to potential new customers directly to recommend the product.

7.5. contentsync services may only be used to share content that is expected to be publicly available. Sensitive data, including but not limited to personal identifiable information without a right to publish, secret/non-public information and other information that if disclosed may harm EB’s, Subscriber’s or third party’s rights must not be shared using contentsync services. Subscriber will immediately notify EB of any such data leak to allow EB to remove all such data from it’s systems.

7.6. contentsync services may only be used in a manner that is considered “fair use”. Violating the “fair use” policy can result in a paid contract suspension of up to four weeks and immediate termination of the subscription. Examples of violations include:

  • Registering production sites as pre-production sites.
  • Using up more than either 10% of the monthly usage limit or 1,000 updates in a span of 24 hours, whichever is higher.
  • Using up more than either 5% of the monthly usage limit or 500 updates in a span of 4 hours, whichever is higher.

EB reserves the right to cancel any update and remove any site that negatively impacts it’s service, especially when the site or update is violating the “fair use” policy.

8. Scheduled and unscheduled maintenance

8.0. EB endeavors to provide uninterrupted service but may conduct scheduled maintenance, during which services may be temporarily unavailable. User/Subscriber will be notified in advance of scheduled maintenance whenever possible. User/Subscriber will not be notified for routine maintenance work that is scheduled at recurring intervals and communicated publicly.

9. Disclaimer of warranties

9.0. EB PROVIDES THE WEBSITE AND SERVICES ON AN “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.1. EB DOES NOT WARRANT AND DISCLAIMS THAT THE WEBSITE/SERVICES WILL BE AVAILABLE/PROVIDED IN A TIMELY, SECURED MANNER, UNINTERRUPTED, FREE FROM ANY ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER MALICIOUS SOFTWARE.

9.2. RECEIPT OF INFORMATION THROUGH THE WEBSITE OR THE RECEIPT OF SERVICES BY USER/SUBSCRIBER DOES NOT CREATE OR CONSTITUTE WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED.

10. Disclaimer of warranties

10.0. EB AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, LICENSORS OR ANY OTHER PERSON ASSOCIATED WITH THE DEVELOPMENT, OPERATION OF THE WEBSITE/SERVICES, TO THE EXTENT ALLOWABLE BY MANDATORY PROVISIONS OF APPLICABLE LAW, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) TO A USER/SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL LOSS INCLUDING BUT NOT LIMITED TO DATA LOSS, BUSINESS INTERRUPTIONS, LOSS OF PROFITS, SALES, BUSINESSES, IRRESPECTIVE OF THE FACT WHETHER THE USER/SUBSCRIBER HAS BEEN ADVISED OF THE POSSIBILITY OF THE FORESEEN/UNFORESEEN LOSS/DAMAGES.

10.1. UNDER NO CIRCUMSTANCES WILL EB’S LIABILITY EXCEED THE AMOUNT PAID BY USER/SUBSCRIBER FOR SERVICES IN THE TWELVE MONTHS PRIOR TO THE INCIDENT GIVING RISE TO LIABILITY. EB WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Customer support and updates

11.0. Our basic response time of the 1st level support is based on the package as stated in para. 2.1.

11.1. Response time is measured as the time when the email reaches our ticketing-system or the ticket is created from the client. Response time does not indicate resolution time. In case of 2nd or 3rd level support, the resolution of the case may take longer. The response time for the 2nd level support is twice as long compared to the 1st level support, the response time for the 3rd level support is four times as long.

11.2. The User / Subscriber is responsible for continuously updating the Drupal module / WordPress plugin cms_content_sync that we provide for free to have the latest security patches, bug fixes and additional functionality applied. We regularly update the Sync Core (backend) as well. These updates are for free, meaning that they are included in the subscription prices. The said updates are mandatory, meaning they must be applied to facilitate proper service.

12. Intellectual property, non – disclosure

12.0. Any and all Intellectual Property Rights, including but not limited to copyrights, inventions, patents, trademarks, trade secrets, domain names, know-how, which subsists now or in the past or which subsists in the future regarding the Website and/or Services shall exclusively belong to EB and those rights shall not be reproduced or disclosed or used in their original or translated form by the User/Subscriber that might jeopardize the legitimate interests of EB in any manner, either directly or indirectly.

12.1. Users/Subscribers are only granted limited rights to access the Website and/or use the Services as expressly stated herein. They are not entitled to claim a right or any additional rights in the Website/Services and/or any other Intellectual Property Rights associated therewith.

13. No waiver

EB’s failure to insist upon strict performance of any provision of this TOS shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the User/Subscriber in performance or compliance with any of these Terms of Service.

14. Governing law and jurisdiction

14.0. These TOS shall be governed by the laws of Germany. Any disputes will be resolved in the courts of Germany. However, before pursuing litigation, User/Subscriber agrees to attempt to resolve the dispute by contacting EB’s customer service.

15. Entirety

These TOS along with the Privacy Policy, and other rules and regulations, as determined by EB from time to time shall constitute the entire agreement between EB and User and/or Subscriber and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

16. Severability

If a court of competent jurisdiction holds any provision of this TOS to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of this TOS and they shall continue in full force and effect.

17. Notice

17.0. All notices to EB must be sent via email to [email protected]. EB will acknowledge receipt. If you do not receive an acknowledgment, you may send notice to the physical address provided in these TOS.