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‍Terms and Conditions

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Terms And Conditions ("Terms")

Last updated: August 29, 2024

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the IronFlock Website and/or the IronFlock platform (“Website”, “IronFlock”, “Platform”) and referred to as Service (“Service”, “the Service”, “our Service”) operated by Record Evolution GmbH (“us”, “we”, “RE”, “Record Evolution” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

A. Definitions

The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms and Conditions” or the “Terms”) and all other operating rules, policies, and procedures that we may publish from time to time on the Website.
The “Service” refers to the applications, software, products, and services provided by Record Evolution.
The “Website” refers to the IronFlock website located at www.ironflock.com and all content, services, and products provided by Record Evolution at or through the Website.
“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 16 years of age. Special terms may apply for business or government accounts (See Section B(4): Additional Terms).
“Billing Entity” refers to the person or legal entity such as an organization or a company entered in the user account billing details which is responsible for completing payments and holds ownership of the assets created by the User under their account.
“Record Evolution,” “We,” and “Us” refer to Record Evolution GmbH, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
“Content” refers to content featured or displayed through the Website, including, without limitation, text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
“Apps” refers to a bundled offering consisting of app software and app managing services together with all provided infrastructure for the development, maintenance and deployment of applications.
“Data Pod” refers to a bundled offering consisting of compute resources (like CPU, Memory, Storage, …) together with all provided functionality in the platform associated with this bundle.
“Fleet” refers to a bundled offering consisting of services managing multiple devices, tenants, and Apps together with all associated functionality.
“Hardware” refers to the Record Evolution hardware including but not limited to edge gateways, peripherals, cameras and related firmware.

B. Account Terms

Short version: A human must create your account; you must be 16 years of age or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.

2. Account Requirements

These simple rules apply for accounts on Record Evolution’s Service:

2.1 You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted.

2.2 One person or legal entity may maintain no more than one free account.

2.3 Record Evolution does not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to create a User account. If we learn of any such user under the age of 16, we will terminate that User’s account immediately.

2.4 Your login may only be used by one person — i.e., a single login may not be shared by multiple people.

3. User Account Security

You are responsible for keeping your account secure while you use our Service. We offer tools to help you maintain your account’s security, but the content of your account and its security are up to you.

3.1 You are responsible for all content posted and activity that occurs under your account.

3.2 You are responsible for maintaining the security of your account and password. Record Evolution cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3.3 You will promptly notify Record Evolution if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

4. Additional Terms

In some situations, third parties’ terms may apply to your use of Record Evolution. Please be aware that while these Terms are our full agreement with you, other parties’ terms, such as terms by third-party app providers, may govern their relationships with you.

C. Payment

Short version: You are responsible for any fees associated with your use of Record Evolution. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Free Services

Certain Services are provided to User without charge as applicable. We do not guarantee the availability of Free Services at any time.

2. Purchases

If you wish to purchase any product made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, a credit card number, the expiration date of the credit card, and the billing address of the billing entity. To process the payments, Record Evolution uses only certified payment system providers. Prices are subject to change at any time with a notice period of 30 days.

You represent and warrant that:

2.1 You have the legal right to use the provided credit card(s) or other payment method(s) in connection with any Purchase and are authorised to act on behalf of the legal entity provided in the billing information of your account.

2.2 The information you supply to us is true, correct, and complete.

2.3 You will provide valid and automatically chargeable billing details during the time you use payable service and until all payment obligations by you are met.

2.4 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. You guarantee that you have the right to do so.

2.5 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

2.6 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

3. Product Pricing

We currently offer the following pricing model for our Service:

3.1.1 Resource (i.e. CPU, Memory, Storage, Network) consumption by Billing Entity under the Usage-Based Pricing Model (“Usage Based”) are metered under the below-mentioned metering policies and billed to the Billing Entity as metered.

Resource usage for usage-based invoicing is metered according to the following metering policy:

Resource Minutes are metered on the full minute rounding up to the next largest integer.
Memory is metered by full Megabyte rounding up to the next largest integer (1 Megabyte = 1024 *1024 Bytes).
Persistent Storage is metered by 0.1 Gigabyte rounding up to the next first decimal (1 Gigabyte = 1024 Megabyte).
CPU is metered by 0.1 CPU Core as offered by Cloud Services Providers (rounding up to the next first decimal).
Network usage is metered by full Megabyte rounding up to the next largest integer.

The current prices and products are displayed on the IronFlock Website at www.ironflock.com/pricing

4. Change Of Product

You can change the usage of any resources in the platform at any time.

5. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorize for Record Evolution.

6. Responsibility For Payment

The Billing Entity is responsible for all fees, including taxes, associated with use of the Service. By using the Service, you agree on behalf of the Billing Entity to pay Record Evolution any charge incurred in connection with your use of the Service. If you dispute the matter, contact us directly via email at info@record-evolution.de. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.

7. Availability, Errors, And Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

8. Contests, Sweepstakes And Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

9. Online Billing

At the end of the applicable Fee Accrual Period, Record Evolution will issue an electronic bill to User for all charges accrued based on the Usage Based products that were used within this period.

If User elects to pay by credit card, debit card, or other non-invoiced form of payment, Record Evolution will charge (and User will pay) all Fees immediately at the end of the Fee Accrual Period. If User elects to pay by invoice (and Record Evolution agrees), all Fees are due as set forth in the invoice. User’s obligation to pay all Fees is non-cancellable.

The minimum charge per Credit Card transaction is 0.50€. If no charges are accrued (invoice amount of zero Euro), then no Credit Card transaction will be made.

Record Evolution’s measurement of the User’s use of the Service is final. Record Evolution has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Record Evolution.

10. Taxes

The User is responsible for any Taxes, and the User will pay Record Evolution for the Service without any reduction for Taxes. If Record Evolution is obligated to collect or pay Taxes, the Taxes will be invoiced to the User, unless the User provides Record Evolution with a timely and valid tax exemption certificate authorized by the appropriate taxing authority.

In some regions, the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If the User is required by law to withhold any Taxes from its payments to Record Evolution, the User must provide Record Evolution with an official tax receipt or other appropriate documentation to support such withholding. If, under the applicable tax legislation, the Service is subject to local VAT and the User is required to make a withholding of local VAT from amounts payable to Record Evolution, the value of the Service calculated in accordance with the above procedure will be increased (grossed up) by the User for the respective amount of local VAT and the grossed up amount will be regarded as a VAT-inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the User and the User will ensure that Record Evolution will receive payment for its services for the net amount as would otherwise be due (the VAT-inclusive price less the local VAT withheld and remitted to applicable tax authority).

If required under applicable law, the User will provide Record Evolution with applicable tax identification information that Record Evolution may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. The User will be liable to pay (or reimburse Record Evolution for) any taxes, interest, penalties or fines arising out of any mis-declaration by the User.

11. Invoice Disputes And Refunds

Any invoice disputes must be submitted prior to the payment due date. If the parties determine that certain billing inaccuracies are attributable to Record Evolution, Record Evolution will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Record Evolution will apply the credit memo amount to the disputed invoice and User will be responsible for paying the resulting net balance due on that invoice.

To the fullest extent permitted by law, the User waives all claims relating to Fees unless claimed within sixty days after charged (this does not affect any User rights with its credit card issuer). Refunds (if any) are at the discretion of Record Evolution and will only be in the form of credit for the Service. Nothing in this Agreement obligates Record Evolution to extend credit to any party.

12. Delinquent Payments; Suspension

Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. The User will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Record Evolution in collecting such delinquent amounts. If the User is late on payment for the Service, Record Evolution may suspend the Service or terminate the Agreement for breach pursuant to Section.

No Purchase Order Number Required. For clarity, the User is obligated to pay all applicable Fees without any requirement for Record Evolution to provide a purchase order number on Record Evolution’s invoice (or otherwise).

D. Acceptable Use

Short version: Record Evolution hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.

1. Compliance With Laws And Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not, under any circumstances, upload, post, host, or transmit any content that:

2.1 is unlawful or promotes unlawful activities;

2.2 is or contains sexually obscene content;

2.3 is libelous, defamatory, or fraudulent;

2.4 is discriminatory or abusive towards any individual or group;

2.5 contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or

2.6 infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using the Record Evolution Service, you agree that you will not under any circumstances:

3.1 harass, abuse, threaten, or incite violence towards any individual or group, including Record Evolution employees, officers, and agents, or other Record Evolution Users;

3.2 use our platform for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our platform;

3.3 attempt to disrupt or tamper with the Platform in ways that could harm our Website or Service, to place undue burden on the Platform through automated means, or to access the Service in ways that exceed your authorization;

3.4 impersonate any person or entity, including any of our employees or representatives, including through false association with Record Evolution, or by fraudulently misrepresenting your identity or site’s purpose; or

3.5 violate the privacy of any third party, such as by posting another person’s personal information without consent.

3.6 sign up and use the platform for competitive screening purposes if you offer competitive products and have no written consent from us.

4. Service Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Record Evolution’s express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Record Evolution’s API. Please see our API Terms. You may scrape the website for the following reasons:

5.1 Researchers may scrape public, non-personal information from Record Evolution for research purposes, only if any publications resulting from that research are open-access.

5.2 Archivists may scrape Record Evolution for public data for archival purposes.

You may not scrape Record Evolution for spamming purposes, including for the purposes of selling Record Evolution users’ personal information, such as to recruiters, headhunters, and job boards.

All use of Record Evolution data gathered through scraping must comply with the Record Evolution Privacy Statement.

6. Privacy

Misuse of Record Evolution Users’ Personal Information is prohibited. Any person, entity, or service collecting data from Record Evolution must comply with the Record Evolution Privacy Statement, particularly in regards to the collection of our Users’ Personal Information (as defined in the Record Evolution Privacy Statement). If you collect any Record Evolution User’s Personal Information from Record Evolution, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Record Evolution, and you will respond promptly to complaints, removal requests, and “do not contact” requests from Record Evolution or Record Evolution Users.

E. User-Generated Content

Short version: You own the content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility For User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Possible Content Removal

We do not pre-screen public User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Record Evolution terms or policies.

3. Ownership Of Content, Right To Post, And License Grants

You retain ownership of and responsibility for the Content you create or own (“Your Content”). If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.

Because you or the Billing Entity retain ownership of and responsibility for Your Content, we need you to grant us — and other Record Evolution Users — certain legal permissions, listed in Sections E.4 — E.6. These license grants apply to Your Content. If you upload Content that already comes with a license granting Record Evolution the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections E.4 — E.6. The licenses you grant to us will end when you remove Your Content from our platform, unless other Users have copied it.

4. License Grant To Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy your content to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our platform; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant Record Evolution the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. License Grant To Other Users

Any User-Generated Content you post publicly, including comments, and contributions to other Users’ Content, may be viewed by others.

If you set your pages and Content to be viewed publicly, you grant each User of Record Evolution a nonexclusive, worldwide license to use, display, and perform Your Content through the Record Evolution Service and to reproduce Your Content solely on Record Evolution as permitted through Record Evolution’s functionality. You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Record Evolution Users.

6. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section E.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Record Evolution the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

F. Private Data Pods And/Or Fleets And/Or Apps

Short version: You may have access to private Data Pods and/or Fleets and/or Apps. We treat the content of private Data Pods and/or Fleets and/or Apps as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

1. Control Of Private Data Pods And/Or Private Fleets And / Or Apps

Some accounts may have private Data Pods and/or Fleets and/or Apps, which allow the User to control access to Content.

2. Confidentiality Of Private Data Pods And/Or Private Fleets And/Or Apps

Record Evolution considers the contents of private Data Pods and/or Fleets and/or Apps to be confidential to you. Record Evolution will protect the contents of private Data Pods and/or Fleets and/or Apps from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

3. Access

Record Evolution employees may only access the content of your private Data Pods and/or Fleets and/or Apps in the following situations:

3.1 With your consent and knowledge, for support reasons. If Record Evolution accesses private Data Pods and/or Fleets and/or Apps for support reasons, we will only do so with the owner’s consent and knowledge.

3.2 When access is required for security reasons.

You may choose to enable additional access to your private Data Pods and/or Fleets and/or Apps. For example:

3.3 You may enable various Record Evolution services or features that require additional rights to Your Content in private Data Pods and/or Fleets and/or Apps. These rights may vary depending on the service or feature, but Record Evolution will continue to treat your private Data Pods and/or Fleets and/or Apps Content as confidential. If those services or features require rights in addition to those we need to provide the Record Evolution Service, we will provide an explanation of those rights.

3.4 You may also grant a third-party application authorization to use, access, and disclose the contents of your private Data Pods and/or Fleets and/or Apps. Your use of third-party applications is at your sole risk; Record Evolution is not liable for disclosures to third parties that you authorize to access private Data Pods and/or Fleets and/or Apps.

4. Exclusions

If we have reason to believe the contents of private Data Pods and/or Fleets and/or Apps is in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private repositories.

G. Copyright Infringement

If you believe that content on our website violates your copyright, please contact us via email at info@record-evolution.de. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.

H. Intellectual Property Notice

Short version: We own the Service and all of our Content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Record Evolution’s Rights To Content

Record Evolution and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Record Evolution GmbH. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Record Evolution.

2. Record Evolution Trademarks And Logos

If you’d like to use Record Evolution’s trademarks, contact us directly via email at info@record-evolution.de.

I. API Terms

Short version: You agree to these Terms and Conditions, plus this Section I, when using any of Record Evolution’s APIs (Application Provider Interface), including use of the API through a third party product that accesses Record Evolution.

1. No Abuse Or Overuse Of The API

Abuse or excessively frequent requests to Record Evolution via the API may result in the temporary or permanent suspension of your account’s access to the API. Record Evolution, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Record Evolution’s rate limitations.

You may not use the API to download data or Content from Record Evolution for spamming purposes, including for the purposes of selling Record Evolution users’ personal information, such as to recruiters, headhunters, and job boards.

All use of the Record Evolution API is subject to these Terms and Conditions and the Record Evolution Privacy Statement.

Record Evolution may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Record Evolution’s Service.

J. Advertising On Record Evolution

We do not generally prohibit the use of Record Evolution for advertising. However, we expect our users to follow certain limitations.

Spamming And Inappropriate Use Of Record Evolution

Advertising Content, like all Content, must not violate the law or these Terms, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any Record Evolution terms or policies.

K. Cancellation And Termination

Short version: You may close your account at any time. If you do, we will treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your account with Record Evolution. You can cancel your account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no-questions-asked cancellation link. We are not able to cancel accounts in response to an email or a phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your account is canceled.

We will not delete Content that you have contributed to other Users’ Data Pods and/or Fleets and/or Apps or that other Users have copied.

Upon request, we will provide an account owner with a copy of his/her lawful, non-infringing account contents after account cancellation, termination, or downgrade.

3. Record Evolution May Terminate

Record Evolution has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Record Evolution reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

L. Communications With Record Evolution

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you

1.1 consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and

1.2 agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice To Record Evolution Must Be In Writing

Communications made through email or Record Evolution Support’s messaging system will not constitute legal notice to Record Evolution or any of its officers, employees, agents or representatives in any situation where notice to Record Evolution is required by contract or any law or regulation. Legal notice to Record Evolution must be in writing.

3. No Phone Support

Record Evolution only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

4. Newsletter

By subscribing to our newsletter, you agree to receive email from us. The aim of our newsletter service is to keep our customers and visitors updated about new software releases or new service offerings. The subscription to our newsletter service is not mandatory. We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms and Conditions. We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice. We will do so with any subscriber we deem registered with fake data. We require all subscribers to confirm their email address upon registration. You will therefore receive a message with a link you will have to click in order to confirm the email address and your will to subscribe. We will not communicate / spread / publish or otherwise give away your email address. You will be able to change your subscription settings or delete it altogether at any time. To unsubscribe from our Newsletter, please navigate to the Unsubscribe link within your Newsletter email to unsubscribe.

M. Disclaimer Of Warranties

Short version: We provide our Service as is, and we make no promises or guarantees about this Service. Please read this section carefully; you should understand what to expect.

Record Evolution provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

Record Evolution does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

N. Limitation Of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the Service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

1.1 the use, disclosure, or display of your User-Generated Content;

1.2 your use or inability to use the Service;

1.3 any modification, price change, suspension or discontinuance of the Service;

1.4 the Service generally or the software or systems that make the Service available;

1.5 unauthorized access to or alterations of your transmissions or data;

1.6 statements or conduct of any third party on the Service;

1.7 any other user interactions that you input or receive through your use of the Service; or

1.8 any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

O. Release And Indemnification

Short version: You are responsible for your use of the Service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Record Evolution from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Record Evolution:

1.1 promptly gives you written notice of the claim, demand, suit or proceeding;

1.2 gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Record Evolution of all liability); and

1.3 provides to you all reasonable assistance, at your expense.

P. Changes To These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes are not that important — we do not want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms and Conditions at any time and will update these Terms and Conditions in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms and Conditions.

We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Q. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Record Evolution and any access to or use of the Website or the Service are governed by the laws of the Federal Republic of Germany. You and Record Evolution agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Frankfurt am Main, Germany.

2. Non-Assignability

Record Evolution may assign or delegate these Terms and Conditions and/or the Record Evolution Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section E.4. You may not assign or delegate any rights or obligations under the Terms and Conditions or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings And Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Record Evolution to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

4. Severability, No Waiver, And Survival

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Record Evolution, or by the posting by Record Evolution of a revised version in accordance with Section P. Changes to These Terms. These Terms, together with the Record Evolution Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Record Evolution relating to the subject matter of these Terms, including any confidentiality or nondisclosure agreements.

6. Acknowledgement

These Terms are adapted from the freely licensed Terms from GitHub.

Contact Us

If you have any questions regarding these Terms, contact us at info@record-evolution.de.

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