Printess GmbH & Co. KG (Version: April 1, 2021)
General Terms and Conditions
If these terms and conditions are made available in other languages, the German version is the only authoritative one.
These General Terms and Conditions (hereinafter also referred to as “these terms”) regulate the relationship between you (hereinafter also referred to as “customers”) and Printess GmbH & Co. KG (hereinafter also referred to as “Printess”). We have tried to formulate these regulations as clearly and understandably as possible; please read them carefully and contact us if you have any questions.
Printess provides its customers with internet-based services for editing, customizing, and producing documents, graphics, and print templates (hereinafter also referred to as our “service” or “services”).
(1) A contract is concluded between Printess and the customer as soon as
· the customer selects a Printess product and
· has used the Printess product (e.g. by editing or creating an output file).
(2) Printess is not obliged to accept customer offers.
(3) Customers must be legal persons, partnerships, or natural persons at least 18 years of age with unlimited legal capacity in the country in which they are domiciled and from which they are using the service.
(4) Customers may only use the service for the purpose of carrying out a business activity and not for personal, household, or family purposes.
(5) By providing their email address, customers agree that Printess may use it to send service-related messages, including messages required by law, instead of sending these messages by written letter. Printess may also use customer email addresses to send other messages, such as notices of changes to service features. Customers cannot unsubscribe from these messages unless they terminate their account.
(6) If customers or their authorized representative are not the ones who have registered with Printess, the person completing the registration shall be deemed to have acted on the customer’s behalf as an employee of the customer. In this case, those who register must use an email address provided by the customer and declare that they are authorized to bind the customer to these terms.
(7) If customers purchase additional services, they can create one or more employee accounts and thus grant third parties access to the service and its administration. Customers are responsible and liable for the acts and failures to comply with these terms resulting from the use of employee accounts as if they were their own acts or failures to comply. Customers and users of employee accounts will nevertheless be jointly referred to as “customers” below.
(1) Printess makes its services available to customers from time to time and on a case-by-case basis in accordance with the following licensing and other conditions and in accordance with the availability of the Printess server infrastructure.
(2) The scope of the service is described in more detail in the relevant documentation. By concluding a contract, customers confirm that this was made available beforehand.
(3) Printess grants customers a simple, temporary, objectively restricted, non-transferable, restricted sub-licensable and revocable right to use its services and their results (hereinafter also referred to as “license”).
(4) The license is limited to a period of twelve (12) months from the date of payment. If the service is used without payment of a fee, the license is limited to one (1) month from registration.
(5) Geographically, the license is limited to the country in which the customer acquired the license and in which the customer’s place of business is located.
(6) In terms of content, the license is limited as follows:
(a) Customers may not deploy or use the services as their own product and/or service of the same type. They may only use the services for advertising purposes and for the production of their own, different products and/or services;
(b) Customers may only use the services if they intends to produce documents and graphics via the service. The utilization of intermediate service results such as document formats and editor configuration data is expressly prohibited.
(c) Customers may not sub-license the services to third parties (e.g. their customers) or transfer their license. This does not apply to the customer granting of simple rights of use to their customers with regard to the editor. When granting these rights of use to their customers, customers shall pass on all obligations towards Printess incumbent upon them and ensure that their customers comply with the same.
(d) Customers may not use the services to produce, process, or circulate documents, graphics and/or texts, that
· violate the rights of third parties or violate other provisions under civil or criminal law or other regulatory provisions;
· contain information or content that Printess deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, hurtful, harassing or otherwise objectionable;
· contain information or content that is illegal (including, but not limited to, disclosure of inside information under securities law or any other party’s trade secrets);
· contain information or content that customers know is not accurate, up-to-date, or suitable for minors, such as nudity in a sexual context, exposed genitals, or content with adult topics.
(e) Customers may not decompile or reverse engineer the services or parts thereof (e.g. the editor).
(7) Printess reserves the right to revoke licenses of customers who violate any of these restrictions. Further rights and claims of Printess remain unaffected by such a revocation.
(8) The monthly mean availability of the services shall be 99.5%. Planned downtime of the services (in particular due to maintenance work), force majeure, or failure of essential internet infrastructure or service providers (e.g. Google, AWS, MS Azure) are not considered downtime for these purposes.
(9) Printess may update the service and its software from time to time, but customers have no right to demand such updates. These updates serve to improve, expand, and further develop the service and can take the form of error corrections, extended functions, new software modules, and completely new versions. Customers agree to receive such updates and allow us to deliver them. Printess will announce the removal of existing essential functions of the service in order to give customers the opportunity to identify any problems or necessary changes in their test environment in advance. Customers expressly agree that Printess may also carry out changes in the interests of technical progress that may require customers to make changes to their data, configuration, interfaces, and documents.
(10)If customers host parts of the software/service on one of their servers, they are responsible for maintaining any such updates as may be made available on a regular basis. Error corrections are generally only made in the current version of the software/service; there is no right to corrections of errors in older program versions.
(11)The software implements components that are licensed under open source licenses (“OSS components”), as well as other software components and content data (fonts, stickers, stock images, etc.) that are made available by third parties under the applicable license conditions (“third-party components”). The use of these OSS and third-party components is subject to the respectively applicable separate license conditions. A list of the OSS and third-party components with links to the applicable license conditions is available online at https://www.printess.com or in the product manual. The licensor does not act as a sub-licensor or representative in this context and does not accept or accept any warranty or liability for said components.
(1) The amount of the Printess license fee varies and depends on the number of prints made by customers and/or their customers, as well as the additional services used. In exchange for paying the fees, customers receive the right to use the services offered by Printess.
(2) The fee amount is based on the price list for credits, credit packages, and additional services that was in place at the time of the order. All amounts stated there exclude the applicable VAT (currently 19%), if required.
(3) Printess reserves the right to change the fees and/or introduce new fee models. Printess will notify customers of such a change in text form (email is sufficient). The use of the service after such notification is deemed to be consent to all future fee changes (including, for clarification, a monthly or annual payment plan for each extension), unless customers expressly reject these changes in writing within five (5) working days.
(4) The fees for credits and credit packages already purchased but not used are non-refundable. If customers do not use credits either in whole or in part within the usage period granted, they are not entitled to a refund of the fees paid. Customers are solely responsible for using the credits purchased within the usage period granted.
(5) If customers have acquired or have been granted different types of credits by Printess, those with the soonest expiration date will be applied first to the use of Printess services.
(6) If customers use more Printess services than their existing credit balance can cover, each uncovered service must be paid for according to the currently applicable price list.
(7) With monthly payment plans, the service is billed monthly in advance. For annual payment plans, the service will be billed in advance for a period of one (1) year. An annual plan will be automatically extended by one (1) year and the corresponding fees charged on each anniversary of the original purchase, unless the customer gives notice of termination before the current term.
(8) The fees do not include all taxes, duties, or customs duties that may be collected by tax authorities and customers remain responsible for payment of the same. Printess is entitled, if necessary, to use the so-called reverse charge procedure for invoicing.
(9) When agreeing to a monthly or annual payment plan, customers must provide a valid payment account. Printess is free to choose the means of payment and payment services offered. The payment account must be kept up-to-date during the term of any monthly and annual payment plans and provided with sufficient funds. Printess may allocate the foreseeable fees for the next term prior to invoicing.
(1) Printess is only liable to customers for damage caused by intentional misconduct or through grossly negligent actions. This does not apply in the case of damage to life, body, or health or in the event of a breach of essential contractual obligations, i.e. those obligations which must be fulfilled in order to achieve the purpose of the contract (such as maintaining an internet platform to make the service available). Printess is not liable for immaterial, indirect, or consequential damage.
(2) Printess is not liable for the loss of customer or third-party data. Customers are solely responsible for backing up their data, especially graphics and/or texts, and protecting them against loss.
(3) Printess’ liability is limited to the amount of foreseeable damage that can typically be expected to occur; the maximum amount of damages is capped at the amount the customer has paid in fees.
(4) Printess does not warrant that the quality of products, services, information or other materials purchased or acquired by customers through the services will meet their expectations or that insignificant errors in the services will have been corrected.
(5) Printess is not liable for damage caused by using the service in regions for which no license was obtained.
(6) The above regulations also apply to board members, vicarious agents, and other persons used by Printess to provide its services.
(1) Customers must notify Printess by email (e.g. by using the contact form) of any defects or problems when using the services immediately. If they fails to provide timely notice, all existing warranty rights are forfeited.
(2) By uploading images and data, customers agree: (a) that other internet users are permitted to view and access the images and data; (b) that Printess may store their images and data and, if they have publicly posted materials, display and use them; and (c) that Printess can review and delete all images and data submitted to its service at any time, although Printess is under no obligation to do so.
(3) Customers are responsible for taking all steps to ensure that no unauthorized person has access to their account, password, or API tokens. Printess recommends the use of “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols). Customers are solely responsible for (i) controlling the distribution and use of their account and password and (ii) notifying Printess immediately if an account or password must be deactivated. Printess is not liable for damage associated with the theft or customer disclosure of passwords. Customers are obliged to notify Printess immediately of any unauthorized use of their account, password, api-tokens or any breach of confidentiality. Customers are solely responsible for all damage caused by such use.
(4) To secure their account, customers may also be required to provide their mobile phone number or, at Printess’ option, to use another two-factor authentication mechanism.
(5) Customers must strictly adhere to all restrictions of the license they acquire. When using Printess services or products, customers may not
· use them for graphics and/or texts for which they do not hold the copyright or related rights or which violate civil, criminal, or regulatory provisions (e.g. insults, hate speech, terrorist content);
· use a “robot,” “spider” or other automatic device, program, algorithm or methodology or manual process to obtain documents or information that is not intentionally made available by the service;
· attempt to gain unauthorized access to any part of the service or to any content or systems or networks connected to the service by hacking, password mining or other improper means;
· probe, scan or test the vulnerability of the service or any content or any system or network connected to the service;
· create spam, chain letters, or other unsolicited or fraudulent communications;
· take any action that, at Printess’ sole discretion, represents or may place an unreasonable or disproportionately large load on Printess infrastructure;
· distribute invalid data, viruses, worms, or other software agents through the service;
· impersonate another person or otherwise misrepresent their affiliation with a natural or legal person, commit fraud, conceal one’s identity or attempt to conceal it;
· disclose information that they do not have permission to disclose (e.g. confidential information of others, including their personal data);
· use any device, software, or process to interfere with or attempt to interfere with the proper functioning of the service or any content or systems or networks connected to the service, or any other person’s use of the service;
· use or otherwise unlawfully process information or data from end users to analyze individuals or groups of natural persons for unlawful or discriminatory purposes;
· use, store or collect personal and/or confidential data that is considered sensitive or require special protection under applicable law, e.g. social security numbers, passwords, credit card information, and medical information.
· Users may not attack or otherwise impair the brand, other company logos, or other business terms used by Printess. In particular, they agree not to acquire search engine or other pay-per-click keywords (such as Google Ads) or domain names that contain “Printess” or other Printess brands and/or variants or spelling errors thereof.
(6) If customers are in breach of these obligations, they shall be liable for all damages incurred by Printess. This applies in particular, but not only, to damage that Printess incurs as a result of claims by third parties whose rights have been violated by the customer. The customer’s liability extends to the indirect and immaterial damage suffered by Printess as a result of the customer’s breach of obligations (e.g. legal costs, damage due to reputational damage, loss of image, etc.).
(7) Customers shall pass on their existing obligations towards Printess regarding Printess licenses and products to their customers. They are also liable to Printess for violations that their customers commit against the aforementioned obligations. At the discretion of Printess, customers must either compensate Printess for all damage incurred or that will be incurred or to name their customers known to Printess in a form suitable for summons and assign their claims against the same to Printess. Customers shall notify their customers of this legal situation.
(8) The main focus of the services provided by Printess is the editing and adaptation of documents and graphics. Printess is therefore not a data processor within the meaning of Art. 28 of the EU General Data Protection Regulation (GDPR).
(9) Customers must ensure that they, their employees, representatives, and vicarious agents will comply with all applicable local, national or international laws or regulations as well as guidelines from regulatory authorities or agencies on data protection.
(1) Images, fonts, and other data as well as output files (process data) uploaded by third parties as part of the use of the service may be deleted by Printess after one month. Customers must inform third parties accordingly and, if necessary. ensure that any data that needs to be preserved is backed up.
(2) After the end of the contract, Printess will make the extant data created by customers available for download within three weeks without any request being necessary. The data will be provided in a structured, common, and machine-readable format.
(3) Within one week after customers have downloaded the data, but no later than three months after the end of the contract, Printess will completely delete all customer data stored on its servers.
(1) Customer claims are forfeited if not asserted within one year from their occurrence.
(1) If customers provide comments, ideas, or suggestions for the services either at Printess’ request or on their initiative, they declare that this feedback can be used or published by Printess free of charge without restriction and without no further permission required. Customers further acknowledge that by accepting their submissions, Printess is not waiving its rights to use similar or related ideas or methods that Printess was previously aware of, or its employees were developing, or were known from other sources. In addition, customers acknowledge that all emails and other messages transmitted to Printess become the latter’s sole and exclusive property.
(1) These terms contain all applicable regulations concerning the relationship between Printess and its customers. Any deviating regulations, including a deviation from this clause, are only effective if agreed and confirmed in writing by both Printess and the customer.
(2) Customer terms and conditions are not recognized and do not apply. Customers cannot base any claims on said terms.
(3) Printess reserves the right to change these terms. If customers wish to use Printess services after such a change, they must first take note of and accept the amended version of the same.
(4) Should one of the provisions of these General Terms and Conditions of be or become invalid, this shall not affect the validity of the remaining provisions. Printess and customers agree to replace the ineffective provision with an (effective) one that corresponds as closely as possible to the economic intention of the original. The same applies to unclear or supplementary provisions.
(5) The place of performance and, if customers are businesses, the place of jurisdiction for both parties is Berlin, Germany.