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Terms of Service

§1 General

These terms and conditions of usage regulate the conditions under which the itmLABS - Torsten Bühl (hereafter referred to as “itmLABS”) provides use of the Positron App web service (hereafter referred to as “Positron App”).

Any alternative terms and conditions of business of the user shall not apply unless these have been expressly approved by itmLABS.

Before completion of the registration, the user has the opportunity to read the conditions of these general terms and conditions of business, to print them and/or to save them.

 

§2 Services of Positron App

(1) itmLABS provides Positron App, a service to track your keyword position in search engine search results.

(2) Positron App is a web service made accessible through the internet. The access to the internet is not a service offered within the Positron App service by itmLABS.

(3) itmLABS reserves the right to expand or improve services at any time. The user understands that he shall not claim more functionality/services than described in paragraph 1.

 

§3 Conclusion of contract and free trial

(1) A contract is concluded after the successful completion of registration of the user. A registration is successfully completed when the user confirms the registration (e.g. by invoking an activation link in an e-mail). With the successful completion of registration, a contract is concluded which is subject to charge. The use of Positron App is charged from $10.00 per month excluding 19% VAT.

(2) The user can use Positron App for free for 14 days. If the user does not enter his payment data under the Account tab after the 14-day trial, the user will not be charged.

(3) After the 14-day trial itmLABS charges the monthly amount at the end of the month from the entered payment data of the user.

(3) Example: The user creates an Positron App account on September, 1st. The trial period ends on September, 15th. If the user enters his payment data during the the trial period, then the first regular chargable month begins on September, 15th and ends on October, 15th. The first monthly amount will be charged on September, 15th. If no payment data was entered until September, 15th the account will be set inactive.

(4) The contract runs for an indefinite period.

 

§4 Right of cancellation for consumers

(1) Cancellation Policy: If the user is a consumer under the law (§ 13 German Civil Code) he may cancel his contractual declaration within two weeks, without specifying reasons for so doing, in textual form (e.g. by letter, fax, e-mail). The period begins on receipt of this instruction in textual form, although not before the signing of the contract and not before the fulfillment of our information obligations in accordance with § 312c clause 2 of the German civil code in conjunction with § 1 clauses 1, 2 and 4 of the German civil code InfoV. The cancellation is to be addressed to:

itmLABS - Torsten Bühl - Steinkaul 6 - 55776 Reichenbach - Deutschland E-Mail: info@positronapp.com

Consequences of Cancellation In the event of an effective cancellation, the services received by both sides are to be returned and any benefit drawn (e.g. interest) is to be released. If you are unable to return the service received either in full or in part or if you are able to return it only in a deteriorated condition, you must compensate us accordingly for the loss of value. This might result in an obligation to pay the charges that have accumulated until the effective cancellation. Obligations for the refunding of payments must be fulfilled within 30 days. The period begins on dispatch of the cancellation declaration for you, and on receipt of the same for us.

Special Notes
Your right to cancel shall expire prematurely if the contract is fulfilled completely by both parties due to your express consent before you exercised your right of cancellation.

(2) The user understands that the right of cancellation pursuant § 312b of the German civil code does not apply to accounts used on a commercial basis. The 30-day trial period shall remain unaffected.

 

§5 Obligations of users

(1) The user is obliged to provide information in the context of the account creation or change will be, truthfully, if Positron App is to be used after the end of the free trial.

(2) The user is obliged to comply with all applicable laws and legislation of the Federal Republic of Germany.

(3) The user is obliged to protect his access data against the disclosure to third parties.

 

§6 Rights of use

(1) itmLABS gives users a simple (not sub- and not transferable) right of use of the Positron App service and software during the term of the contract under the following conditions.

(2) Positron App is a web service (software as a service). A release of the software to the user does not take place.

(3) In case of new versions, updates, upgrades or other changes of the Positron App service the foregoing rights shall apply to these changes.

 

§7 Payment / Billing

(1) The monthly fee for the use of Positron App is due at the end of the respective billing month. The payment is made by debit or credit card payment.

(2) The user has to ensure that the bank or credit card account from which the amount is debited has the required coverage. The user can be charged with the additional costs if a payment fails due to circumstances the user is responsible for.

(3) Users are provided with monthly invoices in PDF format. The invoices do not contain a qualified electronic signature. The user understands that the prerequisites for an input tax deduction therefore may not be available. Users may request an additional yearly collective invoice for an input tax deduction after the end of the year or after termination of the contract in their member account area.

 

§8 Availability of service

The user understands that itmLABS does not warrant the uninterrupted availability of Positron App service. itmLABS ensures that the service Positron App as described in section 2 paragraph 1 is at least available 95% of the time on average per year.

 

§10 Privacy / Data protection

(1) The personal data of the user that are required for the execution and processing of the services and offers from Positron App are collected, stored and processed in accordance with the applicable laws and legislations of the Federal Republic of Germany.

(2) Personal data of user will principally not be disclosed to third parties. For the processing of payments it is necessary to disclose user data to third parties (Payment Providers, Banks, Credit Card Processors etc.). Disclosure of personal data to third parties is limited to the necessary extent. Content data stored by the user will never be disclosed to third parties.

(3) After termination all personal identifiable data will be deleted. Preservation periods laid down in law shall remain unaffected.

(4) Further information about the processing of personal data can be obtained in our privacy policy.

 

§11 Termination / Cancellation

(1) he user may terminate the contract for the use of Positron App anytime to the end of the current billing month. The user may deliver notice of termination under the Account tab. Alternatively a notice of termination can be send in writing or by e-mail to itmLABS.

(3) itmLABS may terminate the contractual agreement with the user for any or no cause, which shall be effective after three months to the end of a billing month.

(4) If the user is in arrears with the amount of the monthly payment for more than 4 weeks, itmLABS may terminate the contract agreement to the end of the current billing month. Claims of resulting from the current use of Positron App by the user shall remain unaffected.

(5) In case of improper use (cf. section 5, paragraph 3) of the web service Positron App, which leads to significant degradation of services to third parties, itmLABS may terminate the contract agreement with immediate effect.

(6) The users right of extraordinary termination shall remain unaffected.

 

§12 Final provisions

(1) The law of the Federal Republic of Germany applies and the validity of the UN SISG is excluded.

(2) Place of jurisdiction shall be, as far as permitted by law, the residence of itmLABS.

(3) Should terms or conditions of these general terms and conditions of business be or become invalid, this shall not affect the validity of the remaining terms and conditions.