GENERAL TERMS AND CONDITIONS
§ 1. General
The following General Terms and Conditions form the contractual basis for the use of the 3CPDF application in the business-to-business sector.
3CPDF is an easy-to-use, cloud-based, platform-independent application for pre-press that checks PDF files for printability and automatically corrects them if necessary. The user can choose between four predefined production types (digital printing, offset printing, large format printing and newspaper printing) and customise them with additional options if required.
§ 2 Scope and Definition of Terms
(1) The following General Terms and Conditions for the use of 3CPDF (hereinafter referred to as „GTC“) form the exclusive legal basis for the use of 3CPDF by an entrepreneur (hereinafter referred to as „user“). Deviating terms and conditions of the user shall not apply of the user shall not apply, even if Artoption GmbH does not expressly object to their validity in individual cases.
(2) According to § 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(3) Furthermore, the regulations of the respective sales platform (Google Play Store, iOS AppStore, Microsoft Store) may apply in the context of the transaction. In the event of divergent provisions between these GTC and the provisions of the respective sales platform, these GTC shall take precedence in any case.
§ 3 Subject Matter of The Contract and Services Offered
(1) The subject of this contract is the provision of 3CPDF for checking PDF files with regard to their suitability for printing with the option of automatic correction for a period of one month.
(2) The actual printability cannot be guaranteed despite the release by 3CPDF.
(3) The exact scope of the functionality can be found in the user guide in the application or for download at (https://3cpdf.com).
(4) 3CPDF uses its own cloud service via our partner internex GmbH for proper functioning. A storage of the uploaded test data takes place for 2 hours. The user can delete and/or rename the uploaded data prematurely.
(5) Within the test period of 10 uploads, the user receives access to the complete version 3CPDF. After expiry of the test period, the user loses access to 3CPDF.
§ 4 Registration, Conclusion of Contract and Term
(1) The use of the services of 3CPDF requires a registration within the applications 3CPDF. The registration is done by entering the required data in a form provided for this purpose. After entering the required data, the user will receive an e-mail to the previously stored e-mail address to confirm the registration.
(2) The contract for the purchase of the 3CPDF subscription is concluded when the registered user enters the necessary information for the subscription on the website (https:// www.3cpdf.com) in the subscription area provided for this purpose and then presses the „Order now“ button.
(3) The services to be provided by Artoptionl GmbH depend on the scope of services selected by the user.
(4) The agreement can be terminated by Artoption GmbH as well as by the user at the end of each month. The agreements remain effective until the user or Artoption GmbH terminates the 3CPDF subscription.
(5) Artoption GmbH reserves the right to check the identity of the business customer or their legal representative after receiving the user‘s data.
(6) In order to conclude an effective contract between the user and Artoption GmbH, it is necessary to provide a postal address, which includes street, house number, postcode and town. The user is obliged to inform Artoption GmbH immediately of any changes to the data provided upon conclusion of the contract.
§ 5 Communication
(1) Communication between Artoptionl GmbH and the user will always take place by email.
(2) The user must ensure that the receipt of emails is guaranteed.
§ 5 Rights and duties of the user
(1) The user receives the license right for the use of 3CPDF on a stationary computer or mobile computer (e.g. desktop computer, notebook) as well as on a mobile device (e.g. smartphone, tablet) through the concluded 3CPDF subscription.
(2) The user is solely responsible for the proper and regular backup of the content and data created, transmitted or received via 3CPDF. Adoption GmbH is not responsible for the operation of the Amazon Web Services cloud service.
(3) The user may only use the 3CPDF applications in accordance with applicable law and these GTC. In particular, the user undertakes to ensure that the data used does not infringe the rights of third parties (in particular trademark rights, copyrights, rights to one‘s own image as well as personal rights) or other legal provisions (in particular youth protection regulations). If
the user uses data of third parties in the context of the use of 3CPDF, the user alone bears the obligation to obtain prior consent for the use of this data.
(4) The user undertakes not to use 3CPDF for purposes other than those for which it is intended or to use it in a way that disrupts or overloads its technical operation. This includes in particular:
a. Making publicly available or distributing content that contains files that could damage both Artoption GmbH and other users. This includes, in particular, viruses, worms or Trojans.
b. Making contents publicly accessible or distributing them in a way that is objectionable under criminal or contractual law
c. Making content publicly available or distributing it in any other way that infringes the rights of third parties, in particular patents, trademarks, copyrights or other rights
d. Using 3CPDF for or in connection with unlawful activities
e. Interfering with the technical progress of 3CPDF and the associated services in the background
f. Interfering with 3CPDF and/or its services or the servers and/or networks connected to 3CPDF and consequently interfering with their proper functioning. This also includes actions that violate the regulations for the use of networks and the services associated with them.
(5) The obligation to properly secure the contents and data created, stored or transferred with the help of 3CPDF is the sole responsibility of the user.
(6) Artoption GmbH is not responsible for the operation of the web services.
(7) By uploading data to 3CPDF, the user agrees to the transfer of the data to the Internex GmbH Web Services Cloud.
§ 6 Term and Termination
(1) After completion of registration, the user can request his ten free uploads, which gives him the right to use 3CPDF.
(2) After the tenth upload, the right of use expires unless the user takes out an ABO.
§ 7 Invoice and Payment
(1) Artoption GmbH sends invoices exclusively by e-mail. An invoice in paper form is not owed.
(2) The user only has access to his payment methods on the website. These are to be selected when he concludes the subscription for 3CPDF. A change of payment information is possible by the customer through his account settings on the website.
§ 8 Liability
(1) Artoption GmbH is not liable in the event that the printing of the PDF, which has been checked by 3CPDF and found to be printable, is nevertheless refused.
(2) Artoption GmbH is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
(3) In the case of slight negligence, Artoption GmbH will only be liable in the case of breaches of essential contractual obligations. Such an essential contractual obligation exists if the fulfilment of such an essential contractual obligation makes the execution of the contract possible in the first place and the contractual partner may regularly rely on the fulfilment of such a contractual obligation. However, Artoption GmbH‘s liability according to this clause is limited to those cases whose occurrence was typical and foreseeable at the time of the conclusion of the contract. typical and foreseeable at the time of the conclusion of the contract.
(4) The user is responsible for the regular backup of the stored and/or transmitted data. In the event of data loss, Artoption GmbH‘s liability in accordance with clause (2) is limited to those costs which would have been incurred even if the user had made a proper
data backup.
(5) Artoption GmbH‘s liability for the restoration of the user‘s data is limited to the amount that would be necessary to ensure the restoration of the data if it had been properly and regularly backed up.
(6) All limitations of liability apply to the same extent for Artoption GmbH‘s vicarious agents.
(7) Claims based on the Product Liability Act remain unaffected.
(8) In all other respects, liability on the part of Artoption GmbH is excluded.
(9) Claims against a user, which are based on liability for damages, which are not based on injury to life, body or health and for which slight negligence is not excluded, will become statute-barred within six months beginning with the creation of a claim or the user has gained knowledge of the circumstances which give rise to the claim or should have gained knowledge without gross negligence.
§ 9 Release from Liability
(1) The user indemnifies Artoption GmbH from all claims which other users or third parties assert against Artoption GmbH due to an infringement of their rights through the uploading of content and data by the user. The indemnification includes the assumption of all costs which arise due to the infringement of third party rights within the meaning of
sentence 1 by the user. The assertion of further claims for damages by Artoption GmbH shall remain unaffected by this. The user is entitled to prove that lower costs have actually been incurred.
(2) Clause (1) only applies if the user is responsible for the infringement in question.
§ 10 General Provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The relevant place of jurisdiction for legal disputes is Oberstenfeld.