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Terms

The following Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the https:/optd.io platform (collectively, the “Service”), operated by Ventolytics UG (haftungsbeschränkt). (“optd”, “Ventolytics UG (haftungsbeschränkt)”, “us”, “we”, or “our”). The Services and their features are provided to you subject to your compliance with all the terms, conditions, and notices contained or referenced in this agreement (the “Agreement”). When we say “you” or “your”, we are referring to visitors, the people or organizations that own an account with our Service and others. We’d like to ask you to read these Terms carefully before using the Service. You may also agree to these Terms by signing or entering into an ordering document with Ventolytics UG (haftungsbeschränkt) that incorporates these Terms. These Terms, our Privacy Statement and any ordering document form a legally binding agreement between you and Ventolytics UG (haftungsbeschränkt) (collectively, the “Agreement”). We reserve the right at our discretion to change these Terms in the future.

User acknowledgement You may use the Service only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law. If you are under 18 or the legal age of majority in your jurisdiction, your educational institution, parent, or guardian must agree to these Terms on your behalf. If you are a parent or guardian agreeing to these Terms of Service for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child’s use of our Services, including all financial charges and legal liability that he or she may incur. In our sole discretion, we may refuse to offer our Services to any person or entity and change the eligibility criteria for using our Services at any time. The right to access our Services is revoked where these Terms or use of our Services is prohibited or to the extent offering, sale, or provision of our Services conflicts with any applicable law, rule or regulation.

Account security You are responsible for maintaining the security of your account and password. Ventolytics UG (haftungsbeschränkt) cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to not allow others to access your account. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your account information with others, and we will not be liable for any loss or damage resulting from your failure to comply with these obligations. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. If you created an account using an email address belonging to your employer or other entity, you represent and warrant that you have authority to create an account on behalf of such entity and further acknowledge that Ventolytics UG (haftungsbeschränkt) may share your email address with and control of your account may be taken over by such entity (as the “Customer”). Upon such takeover, the administrator controlling the account may be able to (i) access, disclose, restrict or remove information from the account, (ii) restrict or terminate your access to the Service and (iii) prevent you from later disassociating such account from the Customer.

Subscriptions When you’re using a free version of our Service, it is really free – We won’t ask you for credit card information and we do not sell your data. For the premium Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will have to freeze your account and it will be inaccessible until you make the payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. If you are upgrading from a free plan to a premium plan, we’ll charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle. When using our Services, you’re able to lift certain restrictions, which are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”), You are able to set the billing cycle to either a monthly or annual basis, depending on the type of Subscription you select upon purchase. Unless the Subscription plan has been canceled by either you or Ventolytics UG (haftungsbeschränkt), your Subscription will automatically renew under the exact same conditions. You are able to cancel your Subscription at anytime through your online optd account management page. In order to process the payment for your Subscription, a valid payment method is needed, including credit card. You shall provide Ventolytics UG (haftungsbeschränkt) with correct and complete billing information including details such as your full name, address, state, zip code, telephone number and a valid payment method information. By submitting this and other kind of payment information, you automatically authorize Ventolytics UG (haftungsbeschränkt) to charge the complete Subscription fees incurred through your account to any such payment instruments. In case the automatic billing for the Services fails for any reason, Ventolytics UG (haftungsbeschränkt) will issue an invoice corresponding to the billing period that must be paid by the user within the given time-frame as noted on the invoice.

Price Adjustments Ventolytics UG (haftungsbeschränkt) is allowed in its sole discretion to modify the Subscription fees for the available Subscriptions. Should the Subscription fee change apply to your plan, the fee change will become effective at the end of the current billing cycle. Ventolytics UG (haftungsbeschränkt) will notify you in advance to announce any Subscription fees changes prior to becoming effective. In case you proceed to use the Services after the Subscription fee change has been applied, your usage constitutes your agreement to pay the modified Subscription fee amount.

Refunds Paid Subscription fees are non-refundable, except when required by law.

IP agreement Ownership in the Service, and the software powering the Service, will at all times remain with Ventolytics UG (haftungsbeschränkt). Ventolytics UG (haftungsbeschränkt) will retain all right, title, copyright, trade secrets, patents, trademarks, and other proprietary and intellectual property rights in the Service and the software powering the Service. You do not acquire any rights in the Service or the software powering the service, other than those specified in these Terms. You will not remove any copyright, patent, trademark, design right, trade secret or any other proprietary rights or legends from the Service.

Feedback We always appreciate honest feedback and are always on the lookout for ways to improve. For feedback, comments, questions, or concerns, you can contact us through the Contact page and we will get back to you as soon as possible. In case you provide comments, suggestions, paid enhancements to the Service as part of a statement of work, or recommendations to Ventolytics UG (haftungsbeschränkt) with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, “Feedback”), you hereby grant to Ventolytics UG (haftungsbeschränkt) a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.

Limitation of Damages In no event will Ventolytics UG (haftungsbeschränkt) (or its employees, contractors, partners, suppliers or licencors) be liable to you, or any third party claiming through you, for any indirect, special, incidental, consequential or punitive damages, howsoever caused (including damages for loss of profits, loss of production, loss of income, business interruption, loss of business information, increased costs of operation, litigation costs, and related), whether based upon a claim or action in contract, tort (including negligence) or otherwise, in connection with the supply, use, or performance of the service, regardless of whether Ventolytics UG (haftungsbeschränkt) has been advised of the possibility of such damages. Whether for negligence, breach of contract, misrepresentation, or otherwise will, in a single occurrence or a series of occurrences, be limited to direct damages and will in no circumstances exceed, in the aggregate, the fees paid to Ventolytics UG (haftungsbeschränkt) by you for the Service in the year preceding the claim.

Indemnity You agree to indemnify and hold Dashtable, Ventolytics UG (haftungsbeschränkt) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of this Agreement.

Termination Ventolytics UG (haftungsbeschränkt) may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by simply discontinuing the usage of the Service.

Liability for content As a Germany based service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7 (1) of the German Telemedia Act. According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. The obligation to remove or block the use of information under general law remains unaffected. Liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. On becoming aware of any breaches of copyright, Ventolytics UG (haftungsbeschränkt) will remove such content immediately and eliminate the breach of law.

Liability for links Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents. The linked websites had been checked for possible violations of law at the time of the establishment of the link, and illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.

Copyright Content published on optd.io is subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator as well as from Ventolytics UG (haftungsbeschränkt). The commercial use of our contents without permission of the originator is prohibited. Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately. You are solely responsible for any content and other material that you submit, publish, transmit, email, or display on, through, or with the service. We do not claim any intellectual property rights over the material you provide to the Service. All site data remains yours and is available to export at any time through your optd user account page. You will maintain 100% website data ownership at all times.We don’t obtain any interests nor rights from you to your website data. We refer explicitly from bad privacy practices and do not collect nor analyze personal information from web users and we do not use behavioral insights to sell advertisements. Ventolytics UG (haftungsbeschränkt) will never collect or store any personally identifiable information and will never abuse a visitor’s privacy. When using optd, you own and control all of your website data. 100%.

Governing law These Terms of Use shall be construed in accordance with and governed by the laws of Germany, without reference to rules regarding conflicts of law