Digibiz24 - Terms of Use

Preamble

For using the platform“Digibiz24”, which is operated by Digital Assets AG, Birkenstraße 47, 6343 Rotkreuz, Switzerland, the parties agree to the following terms and conditions.

Digibiz24 will be available in different feature packs. Unless otherwise specified in individual regulations, these conditions apply regardless of the package selected.

Digibiz24 is sold exclusively via the Digistore24 platform. These terms of use also become a direct part of the service contract concluded between Digistore24 and the user.

Definitions

Provider

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Digital Assets AG, Birkenstrasse 47, 6343 Rotkreuz, Switzerland

Digibiz24

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Digital Assets AG, Birkenstraße 47, 6343 Rotkreuz, Switzerland and the platformDigibiz24 self.

Digistore24

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Contractual partner of the user from the service contract

User

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Operator of a Digibiz24 Accounts

Member

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Holder of a member account related to a user

Membership

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Designation of the legal relationship between member and Provider

Service contract

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Service agreement between Digistore24 and the user

1. Object and Function

  • The Provider provides the Digibiz24 platform for the use of its functionalities as software as a service. With the help of Digibiz24, the User has the possibility to create his own Internet presence for the purpose of building his own online business.
  • The basic functions of Digibiz24 include the following:

    1. Pagebuilder
    The Pagebuilder is a modular system within Digibiz24, with the help of which the user can create their own websites without in-depth programming or web design knowledge. In the Pagebuilder, the user will also find a wide range of helpful tools and ready-made texts, such as a template for a basic privacy policy. The provider does not owe legal advice for the contents of these texts and templates. The user can also extend the website with his own source code.

    2. Hosting
    The content set up by the user is hosted via a subdomain provided by Digibiz24. The user can name the URL - as far as it is available and does not violate the following conditions - at his own discretion. The URL receives the addition
    .myDigibiz24.com. At his own choice and if included in the tariff, the user can also use his own domain for the URL, but the website itself will still be hosted by Digibiz24.

    The user can provide video content to its members through Digibiz24, depending on the tariff type. This content is stored on the provider's own servers or on servers of external providers, as the provider chooses. After uploading the videos, they can be accessed in the member area via a player provided by Digibiz24. Once video content has been uploaded, it can be deleted by the user, but not subsequently downloaded.

    3. Member area
    The user can provide digital content via Digibiz24. For this purpose Digibiz24 offers the possibility to provide content in a member area which can be accessed by using access data.

    4. Connection to Digistore24
    Through the direct connection of Digibiz24 to the Digistore24 platform, product and sales data can be automatically forwarded between Digistore24 and Digibiz24, access for members can be automatically generated and digital content can be provided. If the user creates a Digistore24 vendor and/or affiliate account within the scope of using Digibiz24, the accounts are automatically connected. A disconnection is possible at any time.
  • Digibiz24 is entitled to change the functional scope of a tariff type at its own discretion. Implemented changes to the tariffs automatically come into force at the next renewal of the membership and are to be communicated to the User in case of a term of one month at the latest 10 working days before the expiration of the term and in case of a term of one year at the latest 1 month before the expiration of the term. In this case, the user is entitled to terminate the extension of the membership without observing a period of notice.

2. Tariff types

  • Digibiz24 distinguishes four different tariff types (Freemium, Light, Platinum and Premium), which differ in price and the range of functions provided. The specific range of functions can be found at https://app.Digibiz24.com/en/user/tariff/details. The provision is limited to the scope of services that is assigned to a tariff type.
  • Upgrades to a higher range of functions are possible at any time.
  • At the end of the respective contract period, the user can change the tariff type to at least Light. However, the account cannot be converted into a freemium account. This also applies if an existing freemium account was previously upgraded to a higher value account.

3. Provision

  • The provider keeps the current version of Digibiz24 available in a central data processing system or several data processing systems (hereinafter, also in the case of the plural: server) for use in accordance with the following regulations:

    1. The use of Digibiz24 by the user is browser-based, i.e. it is provided via a commercially available Internet browser (Chrome, Firefox, Safari,...) that corresponds to the current version.

    2. The use of the available services requires registration as a user.

    3. The provider enables access for the agreed number of access points and provides the corresponding access data.

    4. The Provider shall keep available on the server, from the agreed date of operational provision for Digibiz24, the storage space necessary for the fulfillment of the contractual obligations.

    5. Transfer point for Digibiz24 is the router output of the data center of the provider
  • The Provider shall not be responsible for the condition of the required hardware and software on the part of the User or for the telecommunications connection between the User and the Provider up to the transfer point.
  • Termination of an existing account is governed by the terms and conditions set forth in the service agreement.

4. Prohibited Actions

  • The user is prohibited from any activities on or in connection with Digibiz24 that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the user is prohibited from the following actions:

    - The posting, distribution, offering and advertising of pornographic content, content that violates youth protection laws, data protection law and/or any other law offending fraudulent or indecent content, services or products.

    - The use of content that insults or defames other participants or third parties

    - The use, provision and distribution of content, services and/or products that are protected by law or encumbered with the rights of third parties (e.g. copyrights) without being expressly authorized to do so.

    - The spread of viruses, trojans and other harmful files

    - Sending junk or spam emails or chain letters

    - The distribution of offensive, indecent, sexually explicit, obscene or defamatory content or communication, as well as content or communication that is likely to promote or support racism, bigotry, hatred, physical violence or illegal activities (explicitly or implicitly).

    - The distribution or public reproduction of available content, unless this is expressly permitted by the respective author or is expressly made available as a functionality.

    - Any action that is likely to impair the smooth operation of Digibiz24 and the provider's server is also prohibited, in particular overloading the provider's systems.

    - The use of Digibiz24 to carry out advertising measures that are contrary to competition law regulations.
  • If there is a suspicion of illegal or criminal acts, the provider is entitled and possibly also obliged to check activities and, if necessary, to take appropriate legal action. This can also include the transmission of facts to the public prosecutor's office.

5. Updates

  • Digibiz24 provides the User with updates for the entire term of the contract, insofar as these are necessary for a legally compliant and/or technical usability of Digibiz24 (mandatory updates) or these are useful for the adaptation of the platform to advancing technical conditions, the expansion of product functions, the adaptation of the design or other reasons (voluntary updates).
  • Updates are generally free of charge for the user. However, Digibiz24 reserves the right to only provide voluntary updates for individual tariff types or to charge an additional fee for this as part of an agreement with the user.

6. Availability Limitations

  • Digibiz24 guarantees an availability of the entire service of 99% on an annual average.
  • The availability is not considered to be impaired if individual or several or even all services are completely or partially unavailable for the following reasons:

    a) Force majeure, in particular power failures, natural disasters, etc.

    b) Attacks by third parties or sabotage

    c) Unlimited announced maintenance

    d) Unannounced maintenance up to 48 hours

    e) Official orders

7. Data protection

  • Digibiz24 is, with regard to the protection of the User's Personal Data, a processor of Digistore24 under an existing data processing agreement pursuant to Art. 28 et seq. DSGVO.
  • The use of Digibiz24 requires the existence of a contract of joint responsibility between the User and Digistore24 within the meaning of Article 26 of the GDPR. If such a contract does not exist or has been terminated unilaterally, Digistore24 has a special right of termination without notice with regard to the User's membership.
  • The User is obliged to inform about the joint responsibility with Digistore24 in his privacy policy on his website created according to § 1. Necessary information in this regard can be requested from the Provider or Digistore24.
  • As long as the contractual relationship is active and lived, the User alone is responsible for deleting the data of Members assigned to him. If the account is blocked or closed, for whatever reason, this obligation is transferred to Digistore24.

8. Responsibility for the access data

  • The access data provided to the user, including the password, must be kept secret by the user and not made accessible to unauthorized third parties.
  • It is the sole responsibility of the user to ensure that access to Digibiz24 and the use of the available services are carried out exclusively by the user or persons authorized by him. If it is to be feared that unauthorized third parties have gained or will gain knowledge of the access data, the provider must be informed immediately.
  • The user is liable for any use and/or other activity carried out under his access data. This does not apply if the access data was made accessible to an unauthorized third party by the provider through gross negligence or intentionally.

9. Termination of the possibility of use

  • Access may no longer be used when the termination takes effect. The provider will block the access data when the termination takes effect.
  • The provider is entitled to irretrievably delete all data created during use within 30 calendar days after the termination has taken effect and after the expiry of any statutory retention periods.
  • If there are no logins from the user on a freemium profile for a period of 4 months, Digibiz24 will automatically remind the user of the existing membership. If the account is not used for another 4 weeks, Digibiz24 has the right to close the freemium account and to delete the information contained therein while respecting the legal retention periods. This includes in particular the also connected member accounts.
  • If the user is excluded from use, the members assigned to him/her also lose their access to the services provided by the user. The user is obliged to create a contractual basis for this in his terms of use for members. A corresponding template can be requested from the provider.

10. Rights of Use

  • The user receives for Digibiz24 for the provided programs, applications, scripts and apps a temporally limited to the term of the service contract, simple, non-sublicensable and non-transferable right of use. This excludes in particular the copy and resale of access data or product contents of Digibiz24. If the provider makes new versions, updates, upgrades or other new deliveries with regard to Digibiz24 during the term, the above rights also apply to these. Explicitly excluded from this are contents which the user has created himself via Digibiz24 or which are offered for download via Digibiz24.
  • The user is obliged to delete the use of all copies of the software provided after the end of the service contract. This does not apply to open source software, only the associated license conditions apply.
  • The user is entitled to use media provided by Digibiz24, in particular, fonts, image representations, animations as well as film and sound materials during the term of the service contract exclusively for the design of his Internet presence hosted via Digibiz24. The transfer of rights of use to third parties is excluded.
  • With regard to third-party software (e.g. plugins), the license terms of the respective manufacturer or licensor apply.
  • If the customer uses his own licenses or third-party licenses in the software environment provided by Digibiz24, he is solely responsible for proper licensing.
  • If the User violates the provisions of §10 paragraph 1 - paragraph 3, both Digibiz24 and Digistore24 are entitled to set a deadline for the elimination of the violation and until the elimination to block access to Digibiz24 and not to provide or restrict the content of the
    User publicly. If the deadline expires while the violation continues, Digibiz24 is entitled to block the User's account at its own discretion and to delete all content and member accounts. In this case Digistore24 is entitled to withdraw from the service contract without notice. Further claims for damages of the provider remain unaffected.

11. Liability for third-party rights / creation of own content

  • By posting content, the User grants the Provider in each case a free and transferable unlimited and worldwide right of use to the respective content, in particular to store the content on the Provider's server and to publish it, in particular to make it publicly available (e.g. by displaying the content on Digibiz24), to edit and reproduce it, insofar as this is necessary for the provision or publication of the respective content.
  • The user is solely responsible for the content posted. The provider does not assume any review of the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.
  • The user declares and guarantees to the provider that he is the sole owner of all rights to the content posted, or is otherwise entitled (e.g. through effective permission from the rights owner) to grant the content and the rights of use and exploitation in accordance with the previous paragraph .
  • The provider is not liable for an infringement of the rights of third parties by the user, even if this infringement results from exceeding the rights of use granted. In this case, the user releases the provider from all third-party claims upon first request.
  • The provider assumes no responsibility for services or other services provided by third parties (including, for example, web service providers, any integrated payment services, links, etc.).

12. Blocking access / individual websites created via the software

  • Digibiz24 is entitled, at its own discretion, to block or restrict the user's user accounts temporarily or permanently and without notice if there is reason to assume that the user is involved in the following actions or involvement in the same:

    a) Sending unwanted advertising (spam) and other unfair sales activities or data collection (e.g. fishing, etc.)

    b) All criminal acts against Digistore24, Digibiz24, end customers or other third parties.

    c) Violation of property rights of third parties

    d) Deliberately false or misleading statements to Digibiz24 or Digistore24

    e) Factual allegations or insinuations in public that are likely to affect and/or damage the reputation of Digibiz24 or Digistore24, regardless of their truthfulness.

    f) Discriminatory, offensive and punitive actions in the context of the use of Digibiz24

    g) Inciting the end customers or involved third parties to criminal or disloyal behavior towards Digibiz24 or Digistore24.

    h) Failure to comply with these Terms of Use.
  • For ordinary termination, the parties determine a period of notice of 4 weeks.
  • The right to extraordinary termination without notice remains unaffected.
  • If Digibiz24 has an extraordinary reason for termination, Digibiz24 will exclude the user from access to the Digibiz24 Services. In the event of such termination, the user will stop using all Digibiz24 Services immediately.
  • If the user is blocked by Digibiz24, Digistore24 is entitled to terminate the service contract without notice.

13. Third-party claims and indemnification

  • The User indemnifies Digibiz24 with regard to claims for damages and liability, claims and costs (including the costs for a legal clarification and for the defense as well as reasonable attorney's fees and litigation and court costs) in the event that claims are asserted against Digibiz24 in connection with the use of the Digibiz24 Services by the User. This does not apply if the user proves that he is not responsible for the damage.
  • The User shall indemnify Digistore24 against all claims for damages and liability, claims and costs (including the costs of legal clarification and defense as well as reasonable attorney's fees and costs of litigation and court costs), including fines imposed by the authorities, in the event that claims are asserted against Digibiz24 in connection with the violation of obligations under this Agreement, obligations under competition law, data protection law or the violation of third party intellectual property rights of any kind by the User.
  • If an obligation from this contract is culpably violated by the user, Digibiz24 is entitled to demand an appropriate contractual penalty from the user. Digibiz24 determines the amount of the contractual penalty for each breach of duty at its reasonable discretion. The user can have the adequacy of the contractual penalty checked by the competent court

14. Liability, Limits of Liability

  • Digibiz24 provides the user with various information and other services for temporary use. The content and scope of the services are determined by the respective contractual agreements, otherwise by the functionalities currently available on the portal.
  • The available services may also include services of third parties, to which Digibiz24 merely provides access. For the use of such services deviating or additional regulations can apply from these participation and use conditions. In all other respects a claim to the use of the available services exists only in the context of the technical and operational possibilities with Digibiz24. Digibiz24 strives for an uninterrupted usability of these services. However, temporary restrictions or interruptions can occur due to technical disturbances (such as interruption of the power supply, hardware and software errors, technical problems in the data lines).
  • The liability of Digibiz24 for any legal reason whatsoever is excluded, except for damages resulting from injury to life, body or health or according to the product liability law. In these cases Digibiz24 is liable without limitation. In case of a breach of an obligation the fulfillment of which makes the execution of the contract possible and on the fulfillment of which the user may therefore regularly rely ("essential contractual obligation"), the liability is limited to the foreseeable damage. The exclusion of liability for Digibiz24, if legally permissible, refers in particular to a system failure and the associated loss of income or commission. In the case of liability due to a system failure, liability is limited to the recovery costs that would be incurred if the user had properly backed up his data. This also applies in particular to system failures that are carried out as part of testing and maintenance work.
  • The limitations of liability apply accordingly in favor of the employees, agents and vicarious agents of Digibiz24.

15. Final Provisions

  • These terms of use are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law (Convention of Contracts for the International Sales of Goods, CISG).
  • Digibiz24 does not provide legal advice. All information on help pages, in articles and information only represents the opinion of Digistore24 and does not release the vendor from his obligation to carry out his own legal review through legal advice of his choice.
  • If one or more clauses collide with provisions from the existing service contract, the provisions of this agreement shall take precedence.
  • Changes to this contract must be announced to the user in text form at the latest. The user is released from the obligation to react to the change. The change will come into effect upon the expiry of the period noted in the announcement.
  • The user is obliged to identify himself on request by means of an official identification document. Digibiz24 is entitled to block the accounts in question until they have been identified.
  • Any ineffectiveness of individual provisions does not affect the validity of the remaining provisions.
  • If there are gaps in the practical application of these terms of use that were not foreseeable, or if the ineffectiveness of a regulation is found to be legally binding or consistent, this gap or ineffective regulation will be filled in a factual, reasonable manner based on the economic purpose or replaced.
  • The contract language is German. Should one or more clauses of this contract conflict with clauses of the German version, the provisions agreed in the German version of this contract shall prevail. The German version is to be found here: https://www.digibiz24.com/de/terms-of-use

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