General Terms and Conditions and Customer Information for the Use of the NameRobot-Toolbox
Please note: These terms and conditions merely serve as a supplement to the original German text which can be found here. Please note that the only legally binding terms and conditions are the German version.
1.1 The use of the NameRobot-Toolbox under toolbox.namerobot.de (hereinafter referred to as "Toolbox") of NameRobot GmbH (hereinafter referred to as "NameRobot" or "Operator") is exclusively based on the following General Terms and Conditions (hereinafter referred to as "GTC"). Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract unless their validity is expressly agreed.
1.3 The GTC shall also apply if other websites/providers, e.g. via the NameRobot API (programming interface), provide complete or partial access to NameRobot services.
2. Subject matter of the contract and description of services
2.1 NameRobot offers the registered user an online portal with different functions, e.g. language tools for research and creation of names, words, domains and texts. In addition, supplementary offers and editorial content can be used.
2.2 NameRobot can be used in free and paid memberships (also called "accesses"). Most of the basic functions of the Toolbox are accessible free of charge after the registration of the user and are financed, among other things, by the integration of advertising. In addition to the free membership, further functions are available to the user via various paid premium membership variants and subscriptions. These can be concluded/booked by the user upon registration or via his user account. Which additional functions the selected Premium Membership or the selected Premium Subscription contains exactly applies as described in the online order form for conclusion/booking.
2.3 The language tools of the NameRobot-Toolbox work partly according to complex linguistic rules and by means of different databases in order to generate words and names with as natural a sound as possible. However, it can never be excluded (this is desirable for reasons of diversity and creativity) that unusual or inappropriate results are output and contain grammatical or other errors, regardless of the settings made in the language tools.
2.4 NameRobot does not warrant the accuracy, effect, quality or intelligibility of the results of the language tools or that any use thereof is appropriate for any purpose intended by the user. This also includes checking whether a name has already been assigned or is already being used (e.g. as a domain, trademark, company name) or whether the rights of third parties (e.g. trademark rights, copyrights) conflict with its use. The scope of services does not include an examination of the other legal admissibility or protectability of a result (see also Section 3.4. of these GTC).
2.5 The portal is offered subject to availability. An availability of 100 percent is not technically feasible. However, the provider endeavours to keep the portal available as constantly as possible. In particular, maintenance, security or capacity concerns as well as events that are not within the provider's sphere of control (disruptions of public communication networks, power failures, etc.) can lead to disruptions or temporary suspension of the portal.
2.7 NameRobot makes no claim to the names generated by the NameRobot tools. The use of these names is optional for the user. It is the responsibility of the user to check these names before using them, see section 3.4.
3. obligations of the user, declaration of indemnity
3.1 The user undertakes to keep his access data (user name, password) secret and not to pass them on to third parties. This does not apply among users who share an access to the NameRobot portal because it is a premium membership variant or premium subscription variant that entitles them to joint access. As soon as the user becomes aware of this or has reason to suspect that third parties may have learned about this data, he will immediately inform NameRobot and change his data or have it changed by NameRobot.
Should third parties obtain services from NameRobot or a partner as a result of the user's fault by using the access data, the user shall be liable for the damage incurred.
3.2 The user's registration details must be complete and truthful at all times. If the data provided changes after registration, the user is obliged to correct it immediately in his user account.
3.3 The user must ensure that the e-mail address provided by him for communication with NameRobot and its partners is correct, so that the user can receive e-mails sent to this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by NameRobot or the respective contractual partner can be delivered.
3.4 Legal advice cannot and may not be provided by NameRobot due to the provisions of the German Legal Advice Act. It is the responsibility of the user to obtain expert advice, e.g. from a lawyer, in any case, e.g. in the case of an intended use of a name generated by the NameRobot toolbox.
This applies in particular to the evaluation and use of the search results of the various checks (domains, brands, apps, search engines, etc.). The search results are for research purposes only and are not guaranteed. Under no circumstances do they replace professional legal advice.
3.5 The following applies to the use of a forum or chat function or social media functions, such as the sharing of designations / names: The user shall ensure that any content posted by him (e.g. comments, texts, photos, images, graphics, audio and video recordings) does not violate these GTC, morality or applicable law. In particular, he is responsible for ensuring that his contributions are free from insults, sexual content, depictions of violence, immoral, threatening or discriminatory statements. In addition, the user undertakes to post only factual and topic-related contributions and not to advertise for companies competing with NameRobot.
Any activities of the user which are aimed at rendering the NameRobot portal inoperable or preventing, complicating, delaying or in any other way impairing its use are to be omitted.
3.6 Furthermore applies to the use of forum, chat or social media functions: The user declares and assumes responsibility for the fact that he/she has the right to use the content posted by him/her. In particular, he shall ensure that his content does not violate any third-party rights (e.g. copyrights, trademark rights, personal rights, rights under competition law). By uploading content, the user grants NameRobot a simple, temporally and spatially unlimited, irrevocable and free right of use to the uploaded content, which entitles NameRobot to permanently store and make the content available to the public. This right of use remains in effect even after the termination of the user's membership; however, NameRobot is not obliged to make the content available. Of course, NameRobot is not granted this right of use for uploaded content and information that is necessary to generate names, e.g. keywords, name ideas, concept description.
3.7 The user indemnifies NameRobot from all claims that third parties assert against NameRobot due to violation of their rights by content published by the user or by other use of the NameRobot services. This indemnification includes, for example, the use of a name generated by the NameRobot tools (see also section 2.6 and section 3.4 of these GTC). The user also assumes the costs of the necessary legal defence of NameRobot. The exemption does not apply if the user is not responsible for the infringement.
3.8 All NameRobot services are only intended for the personal use of the user or, in the case of use on behalf of third parties, also for their personal use.
3.9 The non-observance of one of the aforementioned obligations can lead to an immediate termination of the membership without notice as well as have civil and criminal consequences for the user himself.
4. conclusion of contract / membership
4.1 The contract on the use of the Toolbox between the user and NameRobot comes into effect with the successful registration as a member/user (access of the confirmation e-mail or activation of the account by the user) under application of these GTC.
Under toolbox.namerobot.de / .com the user accesses the input mask in which he enters the registration details (e-mail, password or social login, etc.) online. The sending of the registration data represents the offer of the user to conclude the contract of use, which NameRobot can accept, but does not have to accept. NameRobot reserves the right to reject applications for memberships in individual cases without giving reasons. After sending the registration information, the user receives a confirmation e-mail from NameRobot (Acceptance), through the receipt of which the contract is concluded. The technical activation for the use of the Toolbox (activation of the user account), which enables the user to access the NameRobot portal, is done manually by clicking the activation link in the confirmation e-mail or by activation via a social login (third party providers such as Google, Facebook, Twitter etc.) by the user.
The registration data is stored by the provider and can be accessed and changed by the user via the user account.
4.2 After registration, the User may opt for a free membership or alternatively for various premium memberships or subscriptions. A user with free membership has the possibility to book premium memberships or premium subscriptions via his user account. Which additional functions the selected premium offer contains exactly applies as described in the online order form (checkout).
4.3 The registration of a legal entity may only be carried out by a natural person authorised to represent it, who must be named in the data provided.
4.4 Unless explicitly stated otherwise by NameRobot, all memberships are only valid for one person and are not transferable.
4.5 In the case of services offered by partners via the NameRobot portal, contractual relationships are established exclusively between the member and the partner. In these cases, the member will be informed separately about this, as well as about the validity of additional general terms and conditions, before ordering a partner offer. In these cases, NameRobot is not responsible for the proper provision of services, but exclusively the respective contractual partner of the user.
5. term and termination
5.1 The free membership is valid indefinitely until its termination. A cancellation of the free membership is possible at any time by both contracting parties.
5.2 The Premium Memberships can be selected with different terms. A premium membership is automatically converted into a free membership one day after expiration between 0:00 and 01:00 o'clock, depending on the chosen variant.
5.3 Premium subscriptions are extended by the booked term if they are not cancelled at least two weeks before the end of the term in writing or via the user account in the NameRobot portal.
5.4 The right to extraordinary termination remains unaffected. NameRobot has an extraordinary right of termination in particular if the user does not comply with a payment obligation. In the event of an extraordinary termination for which the user is not responsible, the provider will reimburse the user pro rata for the remuneration paid in excess of the effective date of the termination.
5.5 Terminations may be made in writing, by e-mail or, in the case of termination by the member, via the user account. From the time of termination of the user contract, the user has no claim to access to the NameRobot portal. The corresponding access will be blocked.
6. rights of NameRobot
If the user violates legal or contractual provisions, in particular these GTC, NameRobot is entitled to block the user temporarily or permanently depending on the severity of the violation or to take other suitable and proportionate measures. The right to extraordinary termination on the part of NameRobot remains unaffected. NameRobot also reserves the right not to activate or delete individual contents, e.g. comments of a user, if the contribution violates these GTC, legal provisions or the rights of third parties.
7. prices and terms of payment
7.1 The prices published on the NameRobot portal for the respective Premium Membership or for the respective Premium Subscription or for other fee-based services at the time of the conclusion of the respective contract shall apply. Unless otherwise stated, the prices quoted are Euro net prices, i.e. all price components are subject to value-added tax at the statutory rate.
7.2 NameRobot offers the user various payment methods, e.g:
- Direct debit (SEPA)
- credit card
The user can choose between the payment methods specified in the respective offer. If the payment method is bank collection (SEPA direct debit) and the customer's bank details are transmitted, NameRobot is revocably authorised to collect the invoice amount from the customer's specified account. If the direct debit is not honoured due to a lack of sufficient account coverage or due to the indication of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees resulting from the chargeback of the respective credit institution if he is responsible for this. In the case of offers made by partners whose use has resulted in a contract between the user and the partner, NameRobot has been authorised by the respective third party to collect their payment claim from the user with discharging effect for the user in order to facilitate payment processing.
7.3 A payment is deemed to have been received as soon as the equivalent value has been credited to an account of NameRobot. If invoices are overdue, incoming payments will first be credited against possible costs and interest, then against the oldest claim.
The provider is liable without limitation for injury to life, limb or health, for intent or gross negligence, for fraudulent intent and warranty promises and if liability is based on mandatory statutory provisions, such as the Product Liability Act. Otherwise, the provider shall be liable for whatever legal reason as follows: If the provider has negligently violated an essential contractual obligation (so-called cardinal obligation), the obligation to pay compensation for material damage is limited to the foreseeable, typically arising average damage. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and the compliance with which the user may regularly rely on. If the provider has negligently violated an insignificant contractual obligation, the obligation to pay compensation is limited to the order value.
The above limitations of liability apply to the legal representatives and vicarious agents of NameRobot
9. set-off, retention, assignment
The user is only entitled to offset if the counterclaim is undisputed, legally established or acknowledged by NameRobot. Retention and refusal of performance rights of the user are excluded, unless NameRobot does not dispute the underlying counterclaims or these have been legally established.
An assignment by the user of claims from the contract concluded with the user is excluded.
10. final provisions
We reserve the right to make changes to these General Terms and Conditions. The change will be communicated to the user by e-mail in good time before it comes into effect. The user is entitled to object to the amendment in writing (e-mail, fax, letter) within four weeks of receipt of the e-mail. NameRobot is entitled to terminate the contract in due time if the user objects. The change shall be deemed accepted and binding if the user has agreed to the change or has not objected to it within the four-week period. In the notification e-mail, the provider refers separately to these legal consequences and the possibility of objection
The contract language is German. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Munich. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or if his place of residence or usual abode is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
Last Update: 01.06.2019
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