General Terms and Conditions (GTC) of Varify.io GmbH for the Varify.io Services
§ 1 Scope
For the services offered under the brand "Varify.io" by Varify GmbH (hereinafter referred to as Varify.io) to its contractual partners (hereinafter referred to as customers) and the orders placed by the customer to Varify.io, the following terms and conditions apply. Deviations from this require the written form. This also applies to the cancellation of the previous sentence.
GTC or deviating conditions of the customer are not valid for the contractual relationship.
The GTC apply to entrepreneurs for all contract conclusions with Varify.io in the current version.
§ 2 Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
Varify.io customer account: Denotes the contract construct with all Varify.io accesses and access rights as well as booked services and is the central billing instance for the respective contract.
Varify.io Access: Denotes a specific access of an individual user to the Varify.io system.
Customer: Entrepreneur or company according to §14 BGB, who has concluded a contract with Varify.io.
Customer Data: This is data that the customer provides to Varify.io as part of the order for order fulfillment and billing, and for the provision of Varify.io access.
§ 3 Subject of the contract
By placing an order, Varify.io provides services for customization, optimization and playout of this optimization in the form of variants for websites.
Varify.io provides an infrastructure for this purpose, which allows configuration of the pages to be optimized, adapting these variants as desired, and also configuring the control.
Varify.io does not guarantee availability for its services or the playout of the variants.
Varify.io may change the scope of its services at any time, if this is possible due to improvements or required by law. The customer cannot derive any claims against Varify.io from this.
Communication on the part of Varify.io is exclusively by mail or in the online customer area of Varify.io. Varify.io can also offer other communication channels.
§ 4 Remuneration, invoicing, terms of payment
The fee for the services of Varify.io results from the offer on the website and in the ordering process of Varify.io at the time of the conclusion of the contract or at the time of the order or after announced changes not objected by the customer.
Payment for the services of Varify.io is due in full at the beginning of each billing period for the entire billing period. This also applies to ordered service quotas, regardless of whether the quota is used or exhausted. If usage-dependent charges are levied, the usage-dependent remuneration is due at the end of the billing period.
All payments are made immediately at the time they are due.
The customer's obligation to pay remains in force even in cases where services to be provided by third parties - for whatever reason - are not provided, unless Varify.io is at fault.
Varify.io is entitled to invoice all services ordered by the customer, even if the customer does not use the services or the results of the services or does not use them completely.
All prices are net prices and do not include statutory value added tax.
Varify.io keeps the created invoices in the Varify.io customer account. If applicable, Varify.io will transmit the invoices by email to the email address stored in the Varify.io customer account. Varify.io may also transmit the invoices to the customer in any other electronic form.
§ 5 Up-/Downgrades, Options
The customer may - if available - switch to a higher-value offer or a longer billing period at any time. If this occurs within a billing period, the remaining unused compensation prior to the upgrade will be credited to the upgrade.
Downgrades: Customer may - if available - change to a less extensive offer or a shorter billing period in the Varify.io customer account at any time, effective at the end of a billing period.
Options: Additional services of Varify.io, which are offered as options to the existing contract, can be added to the main service at any time. If this is done within a billing period of the main service, the fee for the option will be charged pro rata for the remaining billing period of the main service. An option may be cancelled in the Varify.io customer account at any time effective at the end of the billing period of the main service. For upgrades/downgrades of options, the above points regarding upgrades and downgrades apply.
§ 6 Term of Contract, Termination of Contract, Notice of Termination
The contract starts from the moment of order completion in the online form or after receipt of the signed order and has an indefinite term. The minimum term is one payment period. New customers may be granted a 30-day free trial period.
The contract can be terminated by either party at any time at the end of a payment period. If the customer terminates the contract by other means than in the Varify.io customer account, the customer has to observe a period of notice of one week to the end of a payment period ("processing period").
Premature termination of the contract is possible in the event of an objection by the customer in the case of changes to the GTC or prices in accordance with §11.1, subject to the period of notice specified therein. Immediate termination by a contracting party is possible if the other contracting party grossly violates its contractual obligations and it permanently fails to fulfill its obligations despite a written request to do so. Otherwise, early termination shall be excluded.
In the event of premature termination of the contract - irrespective of the reason - the remuneration for services already rendered but not yet invoiced shall immediately become due in full. A refund of remuneration charged in advance will not be made unless the customer has justifiably terminated the contract in accordance with the previous paragraph. In this case, the remuneration paid beyond the end of the contract will be refunded.
§ 7 Default of payment, collection
In case of default of payment on the part of the customer, Varify.io is entitled to pause or completely discontinue the services until payment of all outstanding claims and demands. The pausing or discontinuation of the service provision by Varify.io does not release the customer from the payment obligation. Times of pausing or discontinuation cannot be offset by the customer - even in case of subsequent payment.
Varify.io reserves the right to provide further services only after all outstanding debts have been settled together with all costs for collection or legal action.
§ 8 Right of set-off and retention
Against claims of Varify.io the customer has the right to offset only insofar as the counterclaims arise from the same contractual relationship and are undisputed or legally established. The exercise of a right of retention is only permitted insofar as the counterclaim is based on the same contractual relationship.
§ 9 Data protection
As a German provider, Varify.io is bound to comply with the German Data Protection Regulation (DSGVO) based on the EU-DSGVO (GDPR). Varify.io collects and processes the collected data exclusively on servers and with systems that are subject to the EU-DSGVO (GDPR).
Varify.io collects, stores and processes customer data of registered users by means of electronic systems to the extent necessary for the provision and billing of Varify.io's functions. This may include personal or person-related data. No data will be transmitted to third parties, unless this is necessary for billing (e.g. payment providers) or Varify.io is obliged to transmit customer data due to laws or judicial decisions.
Varify.io guarantees that no personal or personally identifiable data of Varify.io variant visitors will be stored or kept reconstructible, unless the customer decides otherwise in his Varify.io customer account on his own responsibility (if possible).
Varify.io explicitly points out to the customer that data protection and data security for data transmissions in open networks such as the Internet cannot be guaranteed according to the current state of the art. Varify.io has taken all technical and organizational measures in accordance with the law to secure stored personal data against misuse and unauthorized access. However, especially in the case of data transmission via the Internet, Varify.io has no control over the access possibilities of third parties and therefore cannot assume any responsibility for the security of data transmitted via the Internet.
With regard to the contract and its content, as well as with regard to the functionality of the software, the parties agree on confidentiality to the effect that both parties shall only grant authorized persons corresponding information about the contract itself, the software and its functionality, as well as access to the customer's access to the software. Corresponding disclosure to third parties may only take place on condition that legitimate interests are safeguarded, e.g. for billing and legal prosecution purposes as well as for setting up the software for the customer by third parties commissioned by the customer. The same applies to corresponding legal requirements, e.g. for the fulfillment of legal information obligations and with the corresponding consent of the other party. After corresponding consent of the customer Varify.io is entitled to name the customer under mention of his name and company name as well as use of the company logo as reference. If a corresponding consent was given by the customer, this is effective until revoked.
§ 10 Obligations of the customer
The customer is exclusively responsible for creating the necessary technical and legal requirements for the use of Varify.io.
Important notifications from Varify.io will be made by e-mail and/or in the Varify.io customer account. The customer is responsible for ensuring that these messages reach him and that he takes note of them.
The customer keeps his data deposited with Varify.io always up to date. This applies in particular to data concerning tax aspects, billing and contact options. The customer is fully and unlimitedly liable to Varify.io for any damages resulting from non-compliance.
The customer is responsible for informing employees, customers and other third parties directly or indirectly affected by the use of Varify.io about the data collected and the nature of the data processing in accordance with legal requirements.
Overall, the customer undertakes not to violate contractual provisions or applicable law in connection with the use of Varify.io.
§ 11 Contract adjustments
Varify.io reserves the right to change these GTC and prices. The provider announces such changes in the Varify.io customer account and, if applicable, textually with a notice period of at least 2 weeks. The changes will become effective according to the announcement, if the customer does not object to them textually until the announced time of the changes' coming into effect. If the customer objects in due time, the contract shall end at the time the change takes effect.
§ 12 Liability
Varify.io is only liable for damages caused by intentional or grossly negligent actions. Any further liability is excluded. The liability is in any case limited to the order value.
Varify.io shall not be liable for any impairments, limitations or impediments to performance, or interruptions or malfunctions of the Varify.io services that are due to circumstances beyond Varify.io's control.
Liability for loss of profit vis-à-vis commercial customers is excluded.
§ 13 Nature and delivery of the "Psychological Trigger" card set
The description, image and/or specification of the card set on our website are for illustrative purposes only. The actual cards may vary slightly in color, size and design from the illustrations.
We make every effort to ensure the accurate details, descriptions and prices of the card sets on our website. However, errors may occur. If we notice such an error after you have placed an order, we will inform you about it and give you the opportunity to confirm or cancel your order.
We guarantee that upon delivery, the card set will substantially match the description on our website and will be of satisfactory quality.
We will deliver the card set to the address you specified when placing the order. Please make sure that the address you provide is correct and complete.
We will make every effort to deliver the card set as soon as possible and within the time frame stated on our website. However, if something happens that is out of our control and delays delivery, we will endeavor to contact you as soon as possible and provide you with steps to minimize the impact of the delay.
If for any reason we cannot deliver the card set, we will inform you and cancel the order. If you have already paid for the product, you will receive a full refund.
Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation: If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for the inspection of the condition, properties and functioning of the goods.
§ 14 Final provisions
The German language version of these General Terms and Conditions shall always be used to interpret the content of the contract and the rights and obligations of the contracting parties.
Place of performance and place of payment is Munich (Grünwald), Federal Republic of Germany. The law of the Federal Republic of Germany shall apply to this contract. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
The exclusive place of jurisdiction for all claims arising from and on the basis of the contractual relationships between the contracting parties, including actions on checks and bills of exchange, as well as all disputes arising between the parties concerning the conclusion, execution or termination of the contract, is Munich, Federal Republic of Germany, in the case of entrepreneurs, merchants, legal entities under public law or special assets under public law, or if the customer has no general place of jurisdiction within the Federal Republic of Germany. Varify.io reserves the right to bring legal action against the customer at the customer's general or other place of jurisdiction, which may be competent according to national or international law.
Should individual provisions be or become invalid, or should the provisions contain a loophole, this shall not affect the legal validity of the remaining provisions. In place of the invalid provisions, a valid provision shall be deemed to have been agreed which comes as close as possible to the intended provision in economic terms.