Terms and Conditions

Introduction

We provide software for managing and publishing portfolio websites (the “Software”). The software, consisting of a website publishing system (frontend) and a content management system (backend), is installed on the user’s web hosting provider. Certain features of the software may require licensing services (the “Services”).

BY USING THE SOFTWARE OR THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS OF CONDITIONS, THEN DO NOT USE THE SOFTWARE OR THE SERVICES.

Software License Agreement

The Software is licensed under the following conditions:

You are permitted to:

Use the software to publish your website and related content engaging in personal, commercial, non-commercial or non-profit activity.
Edit, alter, modify, adapt, translate or otherwise change the website publishing system (frontend) of the Software.

You are not permitted to:

Reproduce, copy, distribute, transfer, license or sublicense the whole or any part of the Software.
Sell, resell, rent, lease or assign the whole or any part of the Software.
Copy any content unless expressly permitted to do so.
Remove, alter or obscure any proprietary notice.
Edit, alter, modify, adapt, decrypt, decompile, reverse assemble, reverse compile, reverse engineer or otherwise attempt to discover the source code or attempt to change the content management system (backend) of the Software.
Circumvent or attempt to circumvent the licensing services or otherwise attempt to gain unauthorized access to any portion or feature in the content management system (backend) of the Software.
Use the Software in any way which breaches any applicable local, national or international law.

The Software may contain subprojects for which the respective own license terms apply.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL WE OR ANY COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

YOU SHALL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH THE SOFTWARE INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW OR REGULATION OR VIOLATION OF ANY RIGHT OF A THIRD PARTY.

Using the Software and Services

You must be at least eighteen (18) years old and not a minor in the jurisdiction in which you reside for downloading and using the the Software or the Services. All personal information that you provide to us will be treated in accordance with the terms of our privacy policy.

You can upgrade the Software and unlock the limitations anytime by purchasing a paid license using the Services. Furthermore, a paid license allows you to remove the link to IO200 in the website footer. By using the Software you agree the software to check the current license status using the Services.

You are not allowed to remove or hide the footer link to IO200 manually without a valid paid license. The footer link must be cleary visible (font size must be at least 10.5px and contrast ratio according to WCAG must be greater than 9:1), if you are using a free license. We may restrict access to the Services, if you are in breach with the terms and conditions. Furthermore, we are not required to provide a free license.

We are not responsible for any of your content or use of the Software or the Services. You expressly understand and agree that you are solely responsible for the content and for all activity in connection with the Software and the Services.

By using the Services you shall not:

interfere or disrupt the Services, test or scan the vulnerability of the Services, breach or circumvent any security or authentication measures, or access the Services through any automated or non-human methods (whether by a bot, script or otherwise);
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
exploit the Services with abnormally or unreasonably high requests (fair usage).

Licensing

Payments

Certain limitations of the Software can be unlocked with a paid license. A paid license is always valid for a single specific domain. If you opt for a paid license, you agree to pay the one-time payment fee as indicated on our website and any taxes applicable on those fees. The fee is payable by Stripe.

Right of withdrawal

You have the right to revoke this contract within fourteen days from the date of conclusion of the contract without giving any reasons. In order to exercise your right of revocation, you must notify us (Dr. Michael Kirste, Siebengebirgsblick 3b, 53844 Troisdorf, Germany; +49 (0) 1590 5462156; info [at] io200 [dot] com) by means of a clear statement about your decision to revoke this contract or by using our withdrawal form (see below). In order to comply with the revocation period, it is sufficient that you send the revocation notification before the end of the revocation period.

Withdrawal Form
(If you want to revoke the contract, please fill out this form and send it back.)
To: Dr. Michael Kirste, Siebengebirgsblick 3b, 53844 Troisdorf, Germany (Phone: +49 (0) 1590 5462156, Mail: info@io200.com)
I hereby withdraw from my order for the provision of the following services:
- Ordered on:
- Customer Name:
- Customer Address:
- Date:

Consequences of revocation

If you revoke this agreement, we will reimburse you all payments we have received from you, immediately and no later than fourteen days from the date we received your revocation notification. We will use the same method of payment for the refund that you used for the original transaction, unless expressly agreed otherwise with you. In no case you will be charged for this refund.

Intellectual Property

The Software and the Services, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights (except stated otherwise) are, and shall remain, the sole and exclusive property of us.

Updates, Modifications, Availability, and Security

We may provide enhancements or improvements to the Software and the Services, which may include patches, bug fixes, updates, upgrades and other modifications. Those updates may modify or delete certain features and/or functionalities of the Software or the Services. We have no obligation to provide any updates or to provide any particular features and/or functionalities of the Software or the Services.

We reserve the right to update, change, modify, suspend, discontinue or remove, temporarily or permanently, any part of the Software or the Services at any time without notice and without liability to you.

We cannot guarantee the availability of the Services at all times due to maintenance or malfunction of computer or network equipment or other reasons resulting in interruptions, delays, or errors. Please note that information sent or received over the Internet is generally insecure. Therefore we cannot make any warranty concerning security of any communication to or from the Services or warranty regarding the interception by third parties of personal or other information.

Maintenance and Support

We may contact you regarding the Software or the Services. We are not required or obligated to provide any maintenance or support for using the Software or the Services.

Term and Termination

This agreement is effective while you use the Software or the Services. You may terminate your use at any time, by deinstalling and deleting the Software. Upon termination of this agreement, you shall delete all copies of the Software and cease all use of the Services.

We reserve the right to terminate this agreement and/or to deny access to and use of the Services, to any person or user for any reason including without limitation the non-compliance of this agreement or of any applicable law or regulation without notice or liability.

If we determine that your use of the Services is in breach of these terms and conditions or of any applicable law or regulation, we may terminate or suspend your use or delete any content and/or information without warning. In this case you are prohibited from reregistering under your, a fake or a borrowed name, or the name of any third party. Furthermore, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

The termination of this agreement will not limit our rights or remedies at law in case of breach by you (during the term of this agreement) of any of your obligations under the present agreement.

LIMITATION OF LIABILITY

THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USAGE OF THE THE SOFTWARE AND SERVICES WILL BE AT YOUR SOLE RISK. ALL WARRANTIES, TERMS, AND CONDITIONS IN CONNECTION WITH THE SOFTWARE AND THE SERVICES AND YOUR USAGE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

UNDER NO CIRCUMSTANCES WE WILL BE LIABLE TO YOU IN RESPECT OF
(I) YOUR INABILITY TO USE THE SOFTWARE OR THE SERVICES;
(II) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SOFTWARE OR THE SERVICES;
(III) ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE;
(IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVER;
(V) PERSONAL INJURY OR ANY PROPERTY DAMAGE ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, DOWNTIME, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SOFTWARE OR THE SERVICES;
(VI) ANY BUSINESS LOSSES, INCLUDING (WITHOUT LIMITATION) LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL; OR
(VII) COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES.

INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH THE SOFTWARE OR THE SERVICES INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW OR REGULATION OR VIOLATION OF ANY RIGHT OF A THIRD PARTY.

Miscellaneous

This agreement and any privacy policy that may be published on our website, constitutes the entire agreement between the parties relating to the Software and the Services and all related activities. This agreement shall not be modified except in writing signed by both parties or by a new posting of this agreement. This agreement operates to the fullest extent permissible by law. If any part of this agreement is held to be invalid, void, unlawful, or unenforceable, that part will be changed and interpreted to accomplish the objectives to the greatest extent possible under applicable law and the remaining parts will continue in full force and effect. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

Changes

We reserve the right to change these terms and conditions at any time. The updated terms and conditions will apply to the use of the Software and the Services from the date of publication. By continuing to use the Software or the Services after any revisions become effective, you agree to the revised terms; otherwise you are no longer allowed to use the Software and the Services.