GTC

These Terms and Conditions apply to

the use of the service and access to this application, and
any other related agreement or legal relationship with the provider

in a legally binding manner. Defined terms are listed in the corresponding section of this document.

Users are asked to read this document carefully.

This app is provided by:

NextDeep Marketing GmbH
Frühlingstraße 18
91807 Solnhofen
Germany

Represented by: Christian Gebhardt, Johannes Huber
Commercial Register: HRB 7401, Register Court: Ansbach
VAT ID: DE322007125

Provider’s email address: [email protected]
Phone: +49 9145 28 49 9 – 90

The Most Important Points at a Glance

Please note that certain provisions of these Terms and Conditions may apply only to specific categories of users, such as consumers or users who are not acting as consumers. Such limitations on the scope of application are expressly indicated in each relevant clause. If no such indication is provided, the clause applies to all users.

Access to this application and service is subject to age restrictions. For details, please refer to the relevant section of this document.

Only European consumers are entitled to the right of withdrawal.

TERMS OF USE

Unless otherwise specified, the terms and conditions listed in this section apply to access to this application.

Specific or additional terms of use or access may apply under certain circumstances and, in such cases, will be expressly stated in this document.

By using the service, users confirm that they meet the following conditions:

Users may be consumers or business customers;

Users must be at least 16 years old;

Account Creation

To use the service, users can log in or create a user account by providing all required data or information completely and truthfully.
The service can also be used without logging in or creating a user account. However, this may result in limited availability of certain features.

The user must ensure that their login credentials are kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible for this application.

By registering, users agree to be responsible for all actions taken in connection with their username and password.
Users are required to notify the provider immediately and unequivocally using the contact information provided in this document if they believe that their personal information—including user accounts, login credentials, or personal data—has been compromised, unlawfully disclosed, or stolen.

Termination of the User Account

User accounts can be deleted at any time as follows:

By contacting the provider directly using the contact information provided in this document.

Suspension and Deletion of the User Account

The Provider reserves the right, at its sole discretion, to suspend or delete user accounts at any time and without prior notice if it deems them inappropriate or offensive, or if it believes they violate these Terms and Conditions.

The suspension or deletion of user accounts shall not give rise to any claims for damages, indemnification, or reimbursement on the part of the user.

The suspension or deletion of accounts for reasons attributable to the user does not relieve the user of the obligation to pay agreed-upon fees or prices.

Content Available Through This App

Unless otherwise stated or clearly indicated, all content available through this application is the property of the provider and is made available by the provider or its licensors.

The provider makes every effort to ensure that the content provided through this application does not violate applicable laws or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are asked to direct their complaints, preferably, to the contact information provided in this document. The right to enforce any claims in or out of court remains unaffected by this.

Rights to the content available through this application

All rights to the content are reserved by the provider.

Users may use the content only to the extent necessary for the proper use of the service or as intended—including implicitly.

In particular, users are not permitted to reproduce or download the content, distribute beyond the limits defined below, edit, translate, modify, adapt, publish, transfer to or assign to third parties, sell, or license the content, or allow third parties—even without the user’s knowledge —to perform the aforementioned actions via their own device.

To the extent expressly indicated through this application, the user may download selected content available through this application solely for personal and non-commercial purposes, reproduce, and/or distribute, provided that the copyright notices and any other notices required by the provider are correctly displayed.

Any statutory restrictions or exceptions remain unaffected by this provision.

Access to External Resources

Users may, under certain circumstances, access external resources provided by third parties through this application. Users acknowledge and agree that the provider has no control over such resources and is therefore not responsible for their content or availability.
The terms under which such third-party resources are made available and under which rights of use to such content may be granted are governed by the contractual provisions of each third party or, alternatively, by the applicable statutory provisions.

In particular, this application may contain third-party advertisements. The provider does not control or moderate the advertisements displayed through this application. By clicking on such advertisements, users establish a connection with the third parties responsible for the respective advertisements.
The provider is therefore not liable for any consequences arising from interactions with such third parties, in particular from visiting third-party websites or using third-party content.

Permitted Use

This application and the service may only be used for their intended purpose and in accordance with these Terms and Conditions, as well as with the applicable legal provisions.

Users are solely responsible for ensuring that their access to this application and/or their use of the service does not violate any laws, regulations, or the rights of third parties.

Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to this application or service, terminating contracts, or reporting objectionable activities occurring through this application or service to the competent authorities—such as judicial or administrative authorities—if users are proven or suspected to have:

violate any laws, regulations, or these Terms and Conditions; or
Infringe on the rights of third parties; or
significantly impair the provider’s legitimate interests; or
insult the provider or a third party.

Software License

All rights to the software or the technical solutions on which this application is based, or that are embedded in, integrated with, or associated with it, are reserved exclusively by the provider and/or its licensors.

Provided that the user complies with these Terms and Conditions, and notwithstanding any provisions to the contrary in these Terms and Conditions, the Provider grants the User only a freely revocable, non-exclusive, non-sublicensable, and non-transferable right to use the software and/or other solutions integrated into the Service within the scope of and for the purposes of the intended use of the Service provided.

In particular, users are not granted any right to access, use, or distribute the source code. All rights to the processes, algorithms, and technical solutions contained in or integrated into the software and all related documentation are reserved exclusively by the Provider or its licensors.

All grants of rights and licenses shall automatically terminate upon termination of the agreement—for any reason whatsoever.

Notwithstanding the foregoing, users may, under this license, download, install, run, and use the software on the permitted number of devices, provided that the devices comply with current and prevailing technology and market standards.

The provider reserves the right to release updates, bug fixes, and enhancements for this application and/or the associated software. Under certain circumstances, users may be required to download and install such updates in order to continue using this application and/or the associated software.

However, to gain access to entirely new versions or releases of the software, users may need to purchase a separate license.

Each user may download, install, run, and use the software on only one device.

Notwithstanding the foregoing, the user agrees to delete any copy of the software immediately upon expiration of the license under which the software is provided.

API Terms of Use

Users can access their data related to this application via the API. Any use of the API, including use of the API by a third-party product or service, is subject to these Terms of Service and the following additional terms:

The user expressly acknowledges and agrees that the provider is not liable for any damages or losses resulting from the user’s use of the API or from the use of third-party products or services that access data via the API.

TERMS OF SALE

Disclosure of Personal Data

In order to access or obtain some of the products provided through this application as part of this service, users may be required to provide their personal data in accordance with the requirements specified on this application.

Paid Products

Some of the products available through this application as part of the service are subject to a fee.

Prices, terms, and other conditions applicable to the purchase of such products are described below. For further details, please refer to this document and the relevant sections.

Product Description

Product prices, descriptions, and availability can be viewed in the corresponding sections of this application and are subject to change without notice.

Although products are presented through this application with the utmost technical care, representations of any kind (including graphical representations, images, colors, and sounds) are provided for reference purposes only and do not constitute a guarantee regarding the characteristics of the purchased product.

The features of the selected product are explained during the checkout process.

Purchase Process

Every step, from selecting a product to placing an order, is part of the purchasing process.

The purchase process consists of the following steps:

The user selects the desired product from the product range and reviews their product selection.
After reviewing the details of the product selection, the user can place the order by submitting it to the seller.

Purpose of the Order

When a user places an order, the following applies:

The contract is formed when the order is placed. Placing the order therefore obligates the user to pay the purchase price, taxes, and any other fees and expenses as specified on the order page.
If the user is required to provide information—such as personal information or data, specifications, or special requests—placing the order constitutes an obligation on the part of the user to cooperate accordingly.
After placing an order, users receive a confirmation of receipt.

All notifications related to the purchase process described above will be sent to the email address provided by the user for this purpose.

Prices

During the purchase process and before placing an order, users will be informed of all fees, taxes, and costs they are responsible for (including any shipping costs).

Prices are displayed in this application as follows:

either exclusive of or inclusive of all applicable fees, taxes, and costs, depending on which section the user is currently viewing.

Special Offers and Discounts

The provider may offer discounts or special promotions on the purchase of products. Such offers and discounts are always subject to the terms and conditions listed in the relevant section of this application.

Offers and discounts are always granted at the provider’s sole discretion.

Repeated or recurring offers or discounts do not give rise to any claims, titles, or rights that users may assert in the future.

Depending on the situation, discounts or special offers may be valid only for a limited time or while supplies last. If an offer or discount is time-limited, the time specifications refer to the provider’s time zone, unless otherwise stated. This information can be found in the provider’s relevant details in this document.

Coupons

Offers or discounts may be based on coupons.

In the event of a violation of the terms and conditions applicable to coupons, the provider may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or differing rules regarding the use of the coupons—as set forth on the relevant information page or on the coupon itself—shall always take precedence.

Unless otherwise specified, the following rules apply to the use of coupons:

Each coupon is valid only if it is used in the manner specified on the website and/or on the coupon and within the specified time period;
A coupon can only be used in its entirety at the time of purchase—partial use is not permitted;
Unless otherwise specified, single-use coupons may be redeemed only once per purchase and, therefore, may be used only once even for installment purchases;
Coupons cannot be used in combination;
The coupon may only be redeemed within the time period specified in the offer. Once this period has expired, the coupon automatically expires, and you will no longer be able to exercise any rights arising from the coupon, including the right to a cash payout.
The user is not entitled to a credit, refund, or adjustment if there is a difference between the value of the coupon and the amount redeemed;
This coupon is intended solely for non-commercial use. Any reproduction, imitation, or commercial trading of the coupon is prohibited, as are any illegal activities related to the purchase and/or use of the coupon.

Payment Methods

Information about accepted payment methods will be provided during the checkout process.

Some payment methods may be available only subject to additional terms or fees. In such cases, you will find the relevant information in the corresponding section of the service (this application).

All payments are processed through third-party providers. Therefore, this application does not collect any payment information—such as credit card details—but simply receives a notification when the payment has been successfully completed.

If payment fails using the available methods or is declined by the payment service provider, the provider is not obligated to fulfill the order. If a payment fails or is declined, the provider reserves the right to claim all associated costs or damages from the user.

Authorization for Future PayPal Payments

When users authorize the PayPal feature that enables future purchases, this application stores an identification code linked to the users’ PayPal account. This authorizes this application to automatically process payments for future purchases or recurring installments for past purchases.

This authorization can be revoked at any time, either by contacting the merchant or by changing your user settings in PayPal.

Retention of Title

Ownership of the ordered products is transferred to the user only after the provider has received payment of the full purchase price.

Maintenance of Rights of Use

Users do not acquire any rights to use the purchased product until the provider has received payment in full.

Contractual Right of Withdrawal

The provider grants users a contractual right to withdraw from the contract under the terms described in the relevant section of this application within 30 days of the contract’s conclusion.

Delivery

Deliveries are made to the address provided by the user and in the manner specified in the order summary.

Upon delivery, users should inspect the contents of the shipment and report any discrepancies immediately using the contact information provided in this document or as described on the delivery slip. Users may refuse to accept the package if it shows visible damage.

This application describes, in the relevant section, the countries or regions to which the goods will be shipped.

This application also describes the corresponding delivery times; alternatively, these can be specified during the purchase process.

Failed Delivery

The provider is not liable for delivery errors resulting from inaccuracies or omissions on the part of the user when placing the order, nor for damages or delays occurring after the package has been handed over to the carrier, if the carrier was hired by the user and was not recommended or provided by the provider.

If the goods are not accepted at the specified time or picked up within the specified period, they will be returned to the seller. In that case, the seller will contact the user to arrange a second delivery attempt or to discuss how to proceed.

Unless otherwise agreed, the user is responsible for the costs of any additional delivery attempts starting with the second attempt.

Delivery of Digital Content

Unless otherwise specified, digital content purchased through this application is downloaded to the devices selected by users.

Users acknowledge and agree that the device(s) intended for downloading and/or using the product, as well as the respective software (including operating systems), must be legal, commonly used, up-to-date, and compliant with current market standards.

Users acknowledge and agree that the ability to download the purchased product may be limited in terms of time and location.

Contract Term

Trial Period

Users have the option to try this application or selected products for free during a limited, non-renewable trial period. This application may not make certain features available to users during the trial period.
Additional terms and conditions governing the trial period, including its duration, are provided through this application.

The trial period ends automatically and will not be converted into a paid product unless the user actively chooses to subscribe to such a paid product.

Subscriptions

Subscriptions allow users to receive a product on an ongoing or regular basis over a specified period of time. Details regarding the type of subscription and cancellation are provided below.

Fixed-Term Subscriptions

Paid subscriptions with a fixed term begin on the day the provider receives payment and have the term selected by the user or specified at the time of order.

Once the subscription period expires, the product will no longer be accessible.

User Rights

Right of Withdrawal

Unless otherwise specified, the user may cancel the contract within the period specified below (usually 14 days) without providing a reason. In this section, users can learn more about the cancellation terms.

Who Is Eligible for the Right of Withdrawal

Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They may withdraw from the contract within the applicable time limit for their specific case, for any reason and without providing justification. This right of withdrawal applies unless exceptions are listed below.

For users who are not acting as European consumers, the rights set forth in this section do not apply.

Exercising the Right of Withdrawal

To exercise their right of withdrawal, the user must send the provider an unambiguous statement indicating their decision to withdraw.

For this purpose, users may use the model withdrawal form found in the “Definitions” section of this document. However, users are free to express their decision to withdraw by means of an unambiguous statement in any other appropriate manner. To meet the deadline for exercising this right, the user must submit the notice of withdrawal before the withdrawal period expires.

When does the cancellation period end?

When purchasing digital content that is not provided on a physical medium, the cancellation period ends 14 days after the date the contract is concluded, unless the user has waived the right of cancellation.

Effects of the Revocation

Users who properly cancel a contract will be refunded all payments made to the provider, including shipping costs, if applicable.

However, the seller is not obligated to reimburse any additional costs if the user has chosen a delivery method other than the cheapest standard delivery offered by the seller.

The refund will be issued immediately, but no later than 14 days after the date on which the provider is notified of the user’s decision to cancel the contract. The provider will issue the refund using the same payment method the user used for the original transaction, unless otherwise expressly agreed with the user. In any case, the user will not incur any costs or fees as a result of the refund.

UK User Rights

Right to Cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts entered into online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users who do not qualify as Consumers cannot exercise the rights described in this section. Users can learn more about the cancellation terms in this section.

Exercising the Right to Cancel

To exercise their right to cancel, Users must send the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available in the “Definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other appropriate manner. To meet the deadline for exercising this right, Users must send the notice of withdrawal before the cancellation period expires. When does the cancellation period expire?

In the case of the purchase of digital content not supplied on a tangible medium, the cancellation period expires 14 days after the date the contract is entered into, unless the User has waived the right to cancel.

Effects of Cancellation

Users who properly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering shipping costs.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive standard delivery option offered by the Owner will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the date on which the Owner is notified of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same payment method used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

Rights of Brazilian Users

Right of Withdrawal

Unless an applicable exception is specified below, Consumer Users in Brazil have the legal right of withdrawal in accordance with Brazilian law. This means that the Consumer has the right to cancel online contracts (distance contracts or contracts entered into outside of a business establishment) for any reason and without justification, within 7 (seven) days from the date the contract was entered into or the product or service was received. Users who do not qualify as Consumers are not entitled to the rights set forth in this section. The right of withdrawal may be exercised by the Consumer through the contact channels indicated at the beginning of this document and in accordance with the guidelines in this section.

Exercising the Right of Withdrawal

To exercise the right of withdrawal, Users must send the Owner an unequivocal statement of their intention to terminate the contract. To do so, Users may use the model withdrawal form available in the “Definitions” section of this document. However, Users are free to express their intention to terminate the contract through an unequivocal statement by any appropriate means. To comply with the deadline for exercising this right, Users must submit the notice of withdrawal before the deadline expires. When does the withdrawal period end?

In the case of a purchase of digital content, the cancellation period is 7 (seven) days from the date the contract is entered into, and applies only if the digital content has not yet been provided and integrated into the Consumer’s device.

Effects of Repentance

Users who properly terminate a contract will be reimbursed by the Owner for all payments made to the Owner, including, if applicable, those covering delivery costs.

However, any additional costs resulting from the selection of a specific delivery method other than the cheapest standard delivery option offered by the Owner will not be reimbursed.

This refund will be issued without undue delay and no later than 14 (fourteen) days from the date on which the Owner was notified of the User’s decision to terminate the contract or from the date the product was actually returned, whichever occurs later. Unless otherwise agreed with the User, refunds will be issued using the same payment method used to process the initial transaction. The User will not incur any costs or fees as a result of such a refund.

Guarantees

Statutory Warranty Rights Under EU Law

Under EU law, sellers are liable for the conformity of the goods they sell for a period of at least two years from the date of delivery. Businesses must therefore ensure that the purchased goods possess the promised or reasonably expected quality, functionality, or characteristics for at least two years after delivery to the buyer.

For users acting as European consumers, the statutory warranty rights applicable to goods available through this application are governed by the laws of the country where they have their habitual residence.

The national laws of these countries may grant users more extensive rights.

For users who are not acting as European consumers, the warranty rights of the country in which they have their habitual residence apply.

Conformity with the Contract for Consumers in the United Kingdom

Users in the United Kingdom who qualify as consumers have the right to receive goods that conform to the contract.

Legal Warranty of Conformity for Consumer Products in Brazil

The legal warranty applicable to products sold by (physical and digital) is subject to the following terms, in accordance with the Consumer Protection Code:

Non-durable products will have a 30 (thirty)-day warranty; and
Durable goods will be covered by a 90 (ninety)-day warranty.

The warranty period begins on the date the product is delivered.

The warranty does not apply in cases of misuse, natural disasters, or if the product has undergone any technical service other than that provided by this application. The warranty may be claimed through the contact channels provided by this application. If necessary, the Owner will bear the costs of shipping the product for technical evaluation. The Owner, at its discretion, may also provide a contractual warranty in addition to the statutory warranty. The rules applicable to contractual warranties can be found in the specifications provided by diese Anwendung. If such information is not provided, only the statutory provisions shall apply.

Money-Back Guarantee for Merchandise

Without prejudice to the applicable legal provisions, the provider grants users the right to cancel a purchase with which they are not satisfied within 15 days of the date on which the purchased goods were delivered and to receive a refund.

The seller will refund the price of the purchased product using the same payment method used for the original transaction.
To exercise this right, users must send the seller a clear and unambiguous notice. Although they are not required to provide a reason for the cancellation, However, users are politely asked to state the reason for invoking the money-back guarantee.

Within the aforementioned period, the user must return the purchased merchandise to the seller at their own expense and ensure that it is undamaged, clean, and in resalable condition. The goods must be returned in their original packaging.
Upon receipt of the goods, the seller will verify whether all conditions for the money-back guarantee have been met. If so, the seller will refund the purchase price.

The foregoing does not affect the users’ right to request a remedy free of charge in the event of a defect in the product, in accordance with applicable law.

Money-Back Guarantee for Services

Without prejudice to the applicable statutory rights, the provider grants users the right to cancel the purchase of a service with which they are not satisfied within 15 days from the date the contract was concluded and to receive a refund.

Upon receipt of this notification, the provider will verify whether all conditions for the money-back guarantee have been met. If so, the provider will refund the purchase price. Users will then no longer have access to the purchased service.

The foregoing does not affect the users’ right to request a remedy free of charge in the event of a defect in the product, in accordance with applicable law.

Liability and Indemnification

Unless expressly stated otherwise or agreed upon with the users, the Provider’s liability for damages arising in connection with the performance of the contract is excluded, limited, and/or restricted to the extent permitted by applicable law.

Indemnification

To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from any and all claims or demands by third parties—including, but not limited to attorneys’ fees and costs—that are asserted based on or in connection with a willful or negligent breach of these Terms of Service, the rights of third parties, or statutory provisions in connection with the User’s use of the Service or the use thereof by the User’s agents, officers, directors, representatives, co-branders, partners, and employees.

The foregoing also applies to all claims that third parties (including, but not limited to, the owner’s clients or customers) may assert against the owner in connection with the digital products provided by the user, such as claims for defects.

Limitation of Liability

Unless expressly stated otherwise and without prejudice to the applicable statutory provisions, users have no right to claim damages from the provider (or any natural or legal person acting on its behalf).

This does not apply to damages resulting from injury to life, health, or physical integrity, nor does it apply to damages resulting from a breach of material contractual obligations—such as an obligation that is absolutely necessary to achieve the purpose of the contract—and/or damages resulting from willful misconduct or gross negligence, provided that the user has used the product properly and correctly.

Unless damage was caused intentionally or through gross negligence, or unless it endangers life, health, or physical integrity, the provider is liable only for damages that were typical and foreseeable at the time the contract was concluded.

Users in Australia

Limitation of Liability

Warranty rights, conditions, guarantees, rights, and remedies to which users are entitled under the Competition and Consumer Act 2010 (Cth) remain entirely unaffected by the provisions of these Terms and Conditions. The same applies to any similar, mandatory state or territorial laws that confer non-waivable rights on users. To the extent permitted by law, our liability to users —including liability for the breach of a non-waivable right and any liability not otherwise excluded under these Terms and Conditions—is limited, at the Provider’s reasonable discretion, to performance or reimbursement of the costs incurred in re-performing the services.

Users in the U.S.

Disclaimer of Warranty

This application is provided and made available exclusively “as is” and “as available.” Use of the service is at your own risk. The Provider expressly excludes all terms, representations, and warranties—whether express, implied, statutory, or otherwise—including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, to the extent permitted by law. Any advice or information, whether oral or written, that the user receives from the Provider or through the Service does not constitute any warranty unless expressly stated.

Notwithstanding the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees make no warranty that the Content is reliable, accurate, or correct; that the Service will meet users’ expectations; that the Service will be available uninterrupted or reliably at any particular time or location; that all defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the user’s own risk. Users are solely responsible for any damage to their computer system or mobile device or for any loss of data resulting from such a download or from the user’s use of the Service.

The Provider makes no warranty or assumption of liability for any products or services advertised or offered by third parties through the Service or through any website or service linked to via a hyperlink, nor does it endorse such products or services. Transactions between users and third-party providers of products or services are neither facilitated nor monitored by the Provider.

The service may become inaccessible or may no longer function properly with the user’s web browser, mobile device, and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation, or use of this service.

Federal law, the laws of certain states, and other legal systems do not permit the exclusion or limitation of certain warranties. The exclusions listed above may not apply to users. This Agreement grants users certain rights, and they may have additional rights depending on the applicable legal system. The disclaimers and limitations of liability set forth in this Agreement are void to the extent prohibited by applicable law.

Limitation of Liability

To the extent permitted by law, the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees shall in no event be liable for
any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses arising in connection with the Service or its unavailability; and
any damages or losses resulting from hacking, tampering, or other unauthorized access to or use of the Service or the user account, as well as the information contained therein;
any errors, mistakes, or inaccuracies in the content;
Any personal injury or property damage of any kind resulting from the user’s access to or use of the service;
any unauthorized access to the Provider’s backup servers and/or the personal information stored therein;
any interruption or suspension of transmission to or through the service;
any bugs, viruses, Trojan horses, or similar items that may be transmitted to or through the Service;
any errors or omissions in the content, or for any loss or damage resulting from the use of content published, emailed, transmitted, or otherwise made available through the Service; and/or
defamatory, offensive, or illegal conduct by a user or a third party. Any liability of the Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees for claims, income, liabilities, obligations, damages, losses, or costs is limited to the amount paid by the User to the Provider under this Agreement during the preceding 12 months or, if less, over the entire term of this Agreement between the Provider and the User.

This limitation of liability applies to the fullest extent permitted by the applicable legal system, regardless of whether the alleged claim for liability is based on a contract, a tort, negligence, strict liability, or any other basis, even if the user has been advised of the possibility of such damages.

In some jurisdictions, the exclusion or limitation of incidental or consequential damages is not permitted, so the limitations or exclusions mentioned above may not apply to the user. These Terms and Conditions grant the user certain rights, and the user may have additional rights depending on the applicable jurisdiction. The disclaimers and limitations of liability set forth in these Terms and Conditions are void to the extent prohibited by applicable law.

Indemnification

The user agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against all claims or demands, damages, liabilities, losses, liabilities, costs, or debts and expenses, including, but not limited to, legal fees and expenses, arising from

the user’s access to and use of the service, including all data or content transmitted or received by the user;
a breach of these Terms and Conditions by the user, including, but not limited to, a breach by the user of any of the representations and warranties contained in these Terms and Conditions;
the user’s infringement of the rights of third parties, including, but not limited to, personal rights or intellectual property rights;
a violation of statutory provisions, rules, or regulations by the user;
any content transmitted from the user account, including in the event of access by third parties using the user’s username, password, or other security measures—if any—and including misleading, false, or inaccurate information;
the user’s alleged misconduct; or
a violation of any statutory provision by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law.

Common Provisions

No Waiver

If the Provider fails to assert a right under these Terms and Conditions or to enforce a provision of these Terms and Conditions, this shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service Interruption

To ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates, or other changes. The provider will notify users in a timely manner.

Subject to applicable law, the provider may also suspend or terminate the service entirely. In the event that the service is discontinued, the Provider will give users the opportunity to back up their personal data or information in accordance with applicable law and will take into account any claims users may have under applicable law regarding continued use and/or compensation for damages.

In addition, the service may be unavailable for reasons beyond the provider’s control (so-called “force majeure” events), such as infrastructure failures or power outages, etc.

Resale

Users may not reproduce, duplicate, copy, sell, resell, or exploit this application or the service in any way without the provider’s express prior written permission, granted either directly or through a legitimate reseller program.

Privacy Policy

To learn more about how their personal data is used, users can review the privacy policy for the service (this application).

Intellectual Property Rights

Without prejudice to any more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights in connection with the Service (this application) are the exclusive property of the Provider or its licensors and are protected by applicable law or international treaties relating to intellectual property.

All trademarks, names, or figurative marks—and all other trademarks, trade names, service marks, word marks, illustrations, images, or logos—that appear in connection with the Service (this application) are and remain the exclusive property of the Provider or its licensors and are protected by applicable law or international treaties regarding intellectual property.

Changes to These Terms and Conditions

The Provider reserves the right to change or otherwise modify these Terms and Conditions at any time. In such a case, the Provider will notify the User of these changes in a timely manner.

Such changes shall not take effect with respect to the contractual relationship until the date notified to the user.

By continuing to use the service, the user accepts the amended Terms and Conditions. If users do not wish to be bound by the changes, they must stop using the service and may terminate the contract.

If the revised terms and conditions are not accepted, either party may terminate the contract. The previously valid version of the Terms and Conditions shall apply to the relationship prior to the user’s acceptance of the changes. The user may obtain any previous version of the Terms and Conditions from the provider.

If required by law, the provider will notify users in advance of the effective date of the amended terms and conditions.

Assignment

The Provider reserves the right, taking into account the legitimate interests of the User, to transfer, assign, novate, or delegate all rights and obligations arising from these Terms and Conditions.
The provisions regarding amendments to the Terms and Conditions apply accordingly.

Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the Provider’s written consent.

Contacts

All communications regarding the use of the service (this application) must be sent to the contact information provided in this document.

Severability Clause

If any provision of these Terms and Conditions is or becomes invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU users

If any provision of these Terms and Conditions is or is deemed to be invalid, or is or is deemed to be void, the parties will use their best efforts to reach an amicable agreement on valid and enforceable provisions to replace the invalid, invalid, or unenforceable parts.
Otherwise, the invalid, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, to the extent permitted or provided for by applicable law.

Notwithstanding the foregoing, the nullity, invalidity, or unenforceability of individual provisions of these General Terms and Conditions shall not render the entire agreement null and void, unless they are essential provisions of the contract or provisions of such importance that the parties would not have entered into the contract had they known of the invalidity of the provision. If the remaining terms would result in unreasonable hardship for either party, the invalidity of the individual provision shall render the entire agreement void.

U.S. users

Any such invalid or unenforceable provisions shall be interpreted and amended to the extent necessary to render them valid, enforceable, and consistent with the original purpose. These Terms and Conditions constitute the entire agreement between users and the Provider regarding the subject matter of the contract and take precedence over all other communications between the parties regarding the same subject matter, including any prior agreements.
These Terms and Conditions will be enforced to the fullest extent permitted by law.

Governing Law

These Terms and Conditions are governed by the laws of the jurisdiction where the Provider is headquartered, excluding conflict-of-laws provisions. Users can find the Provider’s headquarters in the relevant section of this document.

Precedence of National Law

However, if the law of the country in which the user is located provides for a higher standard of consumer protection, that higher standard shall apply.

Exception for Consumers in Switzerland

If the user is classified as a consumer in Switzerland, Swiss law applies.

Exception for Consumers in Brazil

If the User qualifies as a Brazilian consumer and the product and/or service is sold in Brazil, Brazilian law will apply.

Place of Jurisdiction

The courts of the location where the Provider is headquartered—as indicated in this document—shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms and Conditions.

Exception for European Consumers

This does not apply to users acting as European consumers, nor to users in the United Kingdom, Switzerland, Norway, or Iceland who are acting as consumers.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil who qualify as Consumers.

Dispute Resolution

Amicable Dispute Resolution

Users may contact the provider regarding any disputes, and the provider will attempt to resolve them amicably.

The user’s right to take legal action remains unaffected at all times. However, in the event of disputes regarding the use of the service (this application) or the service itself, the user is asked to contact the provider using the contact information provided in this document.

The user may submit the complaint, including a brief description and, if applicable, details of the related order, purchase, or account, to the provider’s email address listed in this document.

The provider will process the request promptly, within 2 days of receipt.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolution that offers an out-of-court procedure for resolving disputes related to online contracts with consumers.

As a result, consumers in the EU, Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform can be accessed via the following link.

Definitions and Legal Notices

This application (or this application)

The application that enables the provision of the service.

Agreement

Any legally binding or contractual relationship between the Provider and the User governed by these Terms and Conditions.

Brazilian (or Brazil)

Applies to users who are in Brazil, regardless of their nationality.

Business Users

Any user who is not acting as a consumer.

Coupon

Any code or voucher, whether in printed or electronic form, that allows the user to purchase the product at a reduced price.

Digital Product

is a product consisting of the following:

Content created and made available in digital form; and/or
a service that enables the creation, processing, storage, or access to data in digital form, or that enables the sharing of or any interaction with digital data that has been uploaded or created by either the user or another user of this application.

European (or Europe)

Applies to users residing in the EU, regardless of their nationality.

Sample Cancellation Form

To:

NextDeep Marketing GmbH
Frühlingstraße 18
91807 Solnhofen
[email protected]

I/We hereby give notice that I/we are withdrawing from my/our purchase agreement for the following goods / for the provision of the following service:

_____________________________________________ (Description of the goods/services subject to the cancellation)

Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of the consumer(s):_____________________________________________
Address of the consumer(s):_____________________________________________
Date: _____________________________________________

(Signature, if this form is submitted in paper form)

Provider (or We)

Refers to the natural person(s) or legal entity(ies) that makes this application and/or service available to users.

Product

A product or service offered for sale through this application, such as physical goods, digital files, software, booking services, etc.

The offering of products may be part of the service defined above.

Service

The service provided through this application, as described in these Terms and Conditions and on the service (this application).

All terms and conditions applicable to the use of the Service, as described in this document, and/or to this application, including any related documents or agreements, as amended from time to time.

United Kingdom (or UK)

Applies to users who are located in the United Kingdom, regardless of their nationality.

Users (or you)

Any natural or legal person who uses this application.

Consumers

Consumers are users who are considered as such under applicable law.

As of October 26, 2026