By creating an account to use the “fluxiom.com” service (hereinafter referred to as the “Service”) offered by Wollzelle GmbH, Loquaiplatz 12/12, 1060 Vienna, Austria (hereinafter referred to as “Wollzelle”) you agree to accept the following Terms and Conditions in their entirety.
You hereby declare that you have reached the age of 14 and are legally entitled to enter into the present contract in your country of origin.
1.1 The Service is available in different forms (or “Service Plans”). Each of these Service Plans offers a different range of features and is charged at a different rate. Details on the prices of and actual services included in each of the individual Service Plans can be found on the following webpage: http://www.fluxiom.com/#signup
1.2 You acquire the right to use the Service by setting up a personal account. To set up a personal account, you will be required to enter your name (and/or company name), your address, your e-mail address, your VAT-ID number (if you have one), a valid credit card number, a user name and a personal password. Wollzelle reserves the right to verify any information provided.
1.3 You are solely accountable to Wollzelle for your account and for any actions carried out using your account. In this regard, you agree to indemnify and hold harmless Wollzelle from any and all claims, demands or damages that might result from any actions carried out using your account. It is therefore your responsibility to keep your user name and password secret at all times and to not divulge details thereof to any third party. You can, however, set up additional users for your account. In the event that you should set up additional users for your account, you will be liable for all and any actions carried out by these additional users to the same extent as for your personal user. You agree to notify Wollzelle immediately of any improper or inadmissible use of your account or should you have reason to assume or believe that your password is no longer secret. In such cases, Wollzelle reserves the right to temporarily deny access to your account until the matter has been resolved. Wollzelle also reserves the right to request a password change and temporarily deny access to an account should it determine that there are reasonable grounds to assume said account might be being used by an unauthorized person or persons.
1.4 You can change to a different Service Plan at any time using the relevant function in the Service. It should, however, be noted that any downgrade of your Service Plan may lead to a loss of data, functionality and/or storage capacity.
1.5 Wollzelle reserves the right to alter the services included in the individual Service Plans or to add or remove specific functions. Wollzelle undertakes to publish details of any major changes to the scope of the Service on the Service website (fluxiom.com, hereinafter referred to as the “Website”). In the event that such changes would significantly reduce the scope of the Service, or key functionality be removed, you will be given an option to terminate your contract in accordance with Point 3 of the present Terms and Conditions. If no notification of termination is received prior to the next billing date, Wollzelle will assume you have accepted and are in agreement with the changes. Wollzelle reserves the right to carry out minor changes and modifications, in particular the installation of patches, bug fixes and new versions of any third party software used, without such notification on the Website.
1.6 Wollzelle reserves the right to discontinue the Service in its entirety. Notification of such discontinuation will be published in a timely manner on the Website. In the event of such a discontinuation, you will be responsible for backing up your data and/or for saving it locally using the Download function provided in the Service. Any claims for damages or other claims against Wollzelle as a result of such discontinuation of the Service are expressly excluded.
1.7 Accounts can only be registered by natural or juridical persons. The registration of accounts using “bots” or other automated methods is not permitted, and any accounts registered in this way will be promptly deleted. In this connection, reference is made to the provision set out in Point 4.4 of the present Terms and Conditions.
1.8 One natural or juridical persons may not maintain more than one free account. If you are using a free account you are not permitted to block ads. Free accounts that act in opposition can be deleted by Wollzelle without any further notice.
2.1 The prices for the individual Service Plans are listed in the current Service price list. A copy of this price list can be found on the Website at http://www.fluxiom.com/#signup. All prices quoted are for a calendar month and are exclusive of all taxes, duties and other charges.
2.2 Payments for the Service can only be made by credit card, and users are therefore required to enter a valid credit card number during the registration process. You hereby authorize Wollzelle to forward all relevant payment data to the appropriate company handling your credit card payments. All such data forwarded by Wollzelle will be encrypted and transmitted using secure server technology. You further undertake to ensure that sufficient funds are available to cover any due amounts charged by Wollzelle to the credit card account provided.
2.3 Use of the Service is free-of-charge for the first 30 days following registration. Should no notice of termination in accordance with the provisions of Point 3 of the present Terms and Conditions be received within this 30-day trial period, any remaining days in the current calendar month will be invoiced on a pro-rata basis on the 31st day following registration and based on the Service Plan used during the trial period. The corresponding amount will be charged to the credit card account provided during registration. Subsequent use will be charged on a calendar month basis, whereby the amount due for a calendar month will be invoiced in advance on the first day of said month and charged to the credit card account provided. Invoices can be accessed and printed via the Service at all times.
2.4 In the event that the contract should be terminated during a calendar month, no refund – be it in part or in full – will be given for any Service fees paid in advance for that month, regardless of the reason for such termination.
2.5 In the event that the (full) invoice amount due cannot be charged to the credit card account provided, you undertake, upon receipt of notification of such situation, to pay the outstanding invoice amount immediately and in full to Wollzelle. Interest on overdue payments will be charged at the rate of 12 % p.a.
2.6 Should you elect to change (upgrade/downgrade) your Service Plan in accordance with Point 1.4 of the present Terms and Conditions, the price due for the newly selected Service Plan will be invoiced and charged to the credit card account provided with effect from the next calendar month following the month in which the Service Plan was changed. In the event that such change of Service Plan should result in a reduction in the fees due, no refund – be it in part or in full – will be given for any fees already paid for the month in which such change was made.
2.7 Wollzelle reserves the right to change the prices charged for the individual Service Plans. Wollzelle will publish notification of any such price changes on the Website by the 15th day of the month prior to the date on which such price changes are to take effect at the latest. In such event, you will be given an option to terminate your contract in accordance with Point 3. of the present Terms and Conditions. If no notification of termination is received prior to the next billing date, you will be deemed to have accepted the price change and will be invoiced at the new rate with effect from the date indicated.
3.1 You may terminate the contract at any time without notice using the corresponding Termination function in the Service. Without exception, no other form of termination is possible, in particular notification of termination by e-mail. In this connection, reference is made to the provision set out in Point 2.4 of the present Terms and Conditions.
3.2 Wollzelle may terminate the contract at any time without reason by giving one month’s notice to the end of a calendar month. Such notice of termination shall be given by e-mail.
3.3 Wollzelle may terminate the contract at any time and with immediate effect for good or important reason. Such notice of termination shall be given by e-mail. The following, in particular, shall be deemed as good or important reasons for such termination of the contract:
3.4 Terminating your account will begin the process of permanently deleting your account and all related file data. This process can take up to 30 days in the normal course of operations.
4.1 Wollzelle will do its utmost to offer access to the Service on a 24/7 basis. Despite this, the Service, or individual functions within the Service, may be temporarily disrupted to allow for necessary maintenance, updates or emergency repairs or as a result of a malfunction in the telecommunications lines and/or equipment outside Wollzelle’s control. You therefore acknowledge that temporary disruptions in the Service or individual functions within the Service are possible and that Wollzelle cannot guarantee 100% availability and an error-free functioning of the Service. In all other cases, a warranty period of 6 months is agreed.
4.2 Wollzelle offers no warranty that all functions in the Service will function correctly at all times. In the event that any deficiency should appear, Wollzelle will strive to resolve such deficiency or offer an alternative solution. To this purpose, you shall inform Wollzelle immediately of the appearance of any deficiencies or errors using the Feedback function in the Service. Only errors or problems that have been documented and described exactly can be dealt with.
4.3 To the extent permitted by law, Wollzelle shall in no way be liable for any damages whatever their nature, including in particular any loss of data, consequential damages, lost profit or other indirect damages. In any event, Wollzelle shall only be liable for any damages resulting from gross negligence or willful intent. Any claims for damages shall be asserted in court within six months of the passing of said damages, or else forfeited.
4.4 In the event that Wollzelle should suffer any damages whatsoever as a result of any actions that violate any legal or contractual provisions, or any other unlawful actions, in particular any breach of Point 5. of the present Terms and Conditions, carried out using your Account, you will make good such damages to Wollzelle in their entirety, including any lost profit and consequential damages. Actions that violate any legal or contractual provisions or other unlawful actions will result in the immediate closure of your Account by Wollzelle.
5.1 Wollzelle assumes no responsibility for any content, including all texts, files, messages, images and other information and materials, uploaded via the Service by its users. Wollzelle is not obliged to inspect any content uploaded via the Service, and you remain solely responsible for any content uploaded using your Account. Notwithstanding the above, Wollzelle reserves the right to make random checks of any content uploaded for the purpose of verifying whether such content is in breach of the provisions and principles of the present Terms and Conditions,
5.2 You agree, in particular, neither to use nor allow your Account to be used for the following purposes:
5.3 In the event that Wollzelle should be so instructed or required by any juridical or other authorized authority as a result of any suspected criminal activity or other abuse of the Service, you hereby agree that Wollzelle may provide such authority with any data made known to Wollzelle by you and/or with information regarding your Account and/or any activities carried out or content uploaded using said Account. You further agree that Wollzelle may block said Account should it be instructed or required to do so by such juridical or other authorized authority. In such a case, any claims for damages or other claims against Wollzelle are expressly excluded.
5.4 In the event that a random check or information made known by a third party or other means should give reason for suspicion that your Account is being used in a manner that breaches the provisions of the present Terms and Conditions (and, in particular, Point 5.2), Wollzelle reserves the right to block your Account temporarily or permanently. In such a case, any claims for damages or other claims against Wollzelle are expressly excluded.
6.1 Wollzelle holds all copyrights and other proprietary rights to the software and databases used for the Service or is entitled to use any third party software or databases used for the Service. This applies in particular to any routines, databases and other program components used. Such routines, databases and other program components may not in any way – either in full or in part – be used, reproduced or made available by any other means to any unauthorized third parties and may not, in particular, be transferred to another website or other storage system or used in any other storage system.
In addition to the remaining provisions of these Terms and Conditions, the following provisions apply to users who access their Fluxiom account via an API (Application Programming Interface), including access via third party products which use the Fluxiom API:
7.1 Access via an API entitles you to access only data stored in your personal Fluxiom account. Any and all (even attempted) access to data in other accounts is expressly prohibited.
7.2 Use of the API to provide third parties with access to the Fluxiom service or any part thereof for financial gain is not permitted without the express permission of Wollzelle.
7.3 Any and all limitations of liability stated in Points 4.1 to 4.3 of these Terms and Conditions also apply expressly to the use of the API.
7.4 The provisions of the Principle of Fair Use under Point 5 of these Terms and Conditions also apply to the use of the API. Furthermore – and in accordance with the Principle of Fair Use – you expressly agree to refrain from excessively frequent access that would significantly impair Fluxiom or any part thereof for other users. Any and all other abuse of the API is also expressly prohibited.
7.5 In the event of a breach of the stated provisions for API access, Wollzelle reserves the right to temporarily or permanently suspend your account’s access to the API or your entire account. Any claims for damages or other claims against Wollzelle are expressly excluded in such case.
7.6 Wollzelle reserves the right to modify or discontinue, temporarily or permanently, access via the API or specific functions of the API in the event that – for whatever reason – the use of the API causes significant impairment to Fluxiom or any part thereof. Any claims for damages or other claims against Wollzelle are expressly excluded in such case.
7.7 The use of the API in accordance with the above provisions does not affect Wollzelle’s rights under Point 6 of these Terms and Conditions.
8.1 This contract, including its formation, shall be governed and construed by Austrian law.
8.2 All disputes arising from and in connection with this contract, including its formation, shall be subject exclusively to the jurisdiction of the relevant court in 1060 Vienna, Austria.
8.3 All communication between you and Wollzelle will be carried out either by e-mail and/or – where applicable – using the corresponding functions on the Website and in the Service. In the event of a change to your e-mail address, you undertake to promptly update your user profile via the User Administration function in the Service. All e-mails sent to the e-mail address stored in the Service shall be deemed to have been properly delivered.
8.4 The sale, lease or transfer by any other means – either in full or in part – of any rights arising from this contract is expressly excluded.
8.5 If any provision of this contract shall be held or become invalid, ineffective or unenforceable, the remaining provisions shall remain in full force and effect. In such case, the invalid, ineffective or unenforceable provision shall be substituted by a valid, effective and enforceable provision which will best approximate the presumed intent and purpose of such invalid, ineffective or unenforceable provision.
8.6 Wollzelle reserves the right to change the individual provisions set out in the present Terms and Conditions. Wollzelle will publish notification of any such changes on the Website, and you will be given an option to terminate the contract in accordance with Point 3. of the present Terms and Conditions. If no notification of termination is received, you will be deemed to accepted the changes announced.
8.7 These Terms and Conditions were intended for use with corporate partners. If you are a private consumer, the provisions herein shall only be applicable to the extent that they do not contradict any mandatory consumer protection provisions.
8.8 The above Terms and Conditions are a translation of the German version of Wollzelle’s Terms and Conditions. In the case of any discrepancies between this translation and the German version, the German version shall – without exception – prevail.