While staying compliant, our goal has been to make these terms accessible for everyone.
1. Scope and purpose
- These general terms and conditions (“Terms and Conditions”) shall apply to all contracts entered into between us, Amie GmbH, Adalbertstraße 20, 10997 Berlin (“Amie”, “we”, “our” or “us”) and you as our customer (“Customer” or “you”). You are only allowed to use Amie’s services if you accept the Terms and Conditions.
- The version of the Terms and Conditions that apply to your contract shall be the ones in force at the time of the conclusion of the contract.
- We do not accept differing terms and conditions of the Customer, even when the Customer draws our attention to said differing terms and conditions and we do not expressly reject the inclusion of these terms and conditions.
2. Our services and your use of our services
- Amie’s business is the provision of an online calendar application through its webpages amie.so and calendar.amie.so (the “Webpages”) and its own mobile application (the “Amie App” and together with the Webpages the “Services”). Amie does not guarantee that the Services meet your specific requirements or expectations.
- Customers require a personal user account (“Personal Account”) to be able to use the Services. For this purpose, they must register with their name and email address and provide access to the calendar associated to the used email address. Customers are responsible for ensuring that their data is up-to-date and correct and for all content posted on their Personal Account as well as for any activities occurring under their Personal Account.
- Customers must prevent unauthorized access to their Personal Account on the Services. Amie is not liable for any loss or damages from your failure to comply with this section 2.4.
- Customers agree to inform Amie without delay if they find out that unauthorized use has been made to their Personal Account.
- The Paid Services (defined below) can only be accessed and used by Customers of at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from accessing and using the Paid Services.
- Customers must not (i) use or attempt to use someone else's Personal Account and/or access someone else's (personal) data, (ii) set up a Personal Account using a false identity or the identity of another person, (iii) access the Services in any other manner than through the methods provided by Amie (iv) use the Services in any way that violates any applicable laws or regulations, (v) transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation, (vi) use the Services in a way that infringes upon the rights of others or restricts or inhibits anyone’s use or enjoyment of Services, or (vii) or attempt to interfere with the proper working of Services.
- The use of the Services may be subject to a (recurring) payment (“Paid Services”). The Paid Services and the respective prices for the Paid Services (“Price”) are shown on the offer pages on the Webpages or in the Amie App.
- The Price includes the applicable VAT, if any. Any other duties or taxes, if any, will be for the account of the Customer.
- If the Price for the Paid Services has not been paid in full, Amie may temporarily freeze the Personal Account or suspend access to some of the features on the Services. The temporary freeze or suspension from accessing some of the features on the Services will remain effective until a valid payment method is used.
- Payments can be made by credit card. Amie reserves the right to add or remove payment options on the Webpages and/or in the Amie App at any time.
- Invoices will be sent to the Customer by email only, to the email address specified by the Customer in the Personal Account.
6. Renewal and cancellation of Paid Services
- In case the Customer uses Paid Services that are subject to a recurring payment, the Paid Services will automatically renew at the end of their terms. The subscription renewal date will always be the day immediately following the end date of your current subscription period. The credit card used for the subscription purchase will be charged at the end of the term outlined in your receipt, unless it is updated prior to the renewal date. If we are unable to process your renewal, section 4.1 will apply.
- You can cancel the Paid Services and downgrade to a free plan (if available) by selecting this option on the Webpages or inside the Amie App. Cancellation is also possible by sending an email to email@example.com
- If you cancel the Paid Services before the end of your current paid up term, you will retain access to the paid features throughout the remainder of the term you purchased.
7. Termination and temporary blocking
- You can terminate your Personal Account at any time by selecting this option on the Webpages or inside the Amie App. Termination is also possible by sending an email to firstname.lastname@example.org.
- Access to the Services and to the content you posted within the Services will be inaccessible from the Services immediately upon termination. Amie reserves the right to delete all content from its systems permanently after 30 days from the termination. If you want to export any data before your account is terminated, please contact Amie in accordance with section 7.1. Notice that "content" does not include any data that was synchronized with third-party services.
- Amie can terminate the contractual relationship with the Customer with respect to the Personal Account by giving two (2) weeks’ notice via email to the email address provided by the Customer in connection with the Personal Account. In case the Customer uses the Paid Services, Amie will only cancel the Personal Account until the end of the current paid up term.
- The statutory right of termination for cause shall remain unaffected.
- Amie can – without prejudice to the rights of termination – temporarily or permanently block the Personal Account if the Terms and Conditions have been breached. You will be informed about the blocking and the duration thereof. The Customer may not use the Services while the Personal Account is blocked. Customer does not need to pay for the Paid Services as long as the Customer is unable to access or use the Personal Account due to the enforcement of this section 7.5.
- The Webpages and Amie App are copyrighted.
- Amie grants you a non-exclusive, non-sublicensable and non-transferable right to access and use the Services, which right is temporary and can be revoked at any time, to use the Services in accordance with these Terms and Conditions. A “use” is any permanent or temporary reproduction of the Services in the object code by means of storing, loading, executing or displaying for the purpose of running the Services on your devices.
- A further use of the Services, including the logo, pictures or video material, such as the distribution, modification, transmission, reuse, downloading, reposting, copying, whether in whole or in part, for commercial purposes or for personal gain is not permitted without the explicit written consent of Amie.
9. Limitation of liability
- Amie shall not be liable to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Terms and Conditions or the Services, whether as a breach of contract, tort (including negligence whether active or passive) or any other theory of liability.
- The Services may contain links to third party websites or services that are not owned or controlled by Amie. Amie has no control over, and assumes no responsibility or liability for the content, privacy policies or practices of any third party websites or services. Amie does not warrant the offerings of any of these entities or individuals or their respective websites.
- Mandatory liability under applicable laws and regulations shall remain unaffected by the limitations and exclusions of liability of this section 9.
10. Data protection
11. Consumer rights, error reporting and feedback
- Should you wish to make a claim for a defect, please reach out to us via email@example.com. All claims for defects shall be subject to the limitations set out in section 9.
- You may provide information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”) via Webpages and/or the Amie App. Feedback can also be provided via firstname.lastname@example.org. By submitting Feedback, you acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Amie may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Amie is not under any obligation of confidentiality with respect to the Feedback.
12. Final provisions
- Should one or more provisions of these Terms and Conditions be invalid or voided at a later date, this shall not affect the validity of the remaining provisions.
- These Terms and Conditions shall be governed by the laws of the Federal Republic of Germany
- The exclusive place of jurisdiction for all disputes arising from these or in connection with these Terms and Conditions shall be Berlin.
- Amie reserves the right to make changes to these Terms and Conditions.
- You can find the current version of the Terms and Conditions on the Webpages and in the Amie App. Amie will not make any material changes to the Terms and Conditions or limit your rights under the Terms and Conditions without a prior announcement. In the case of such change, Amie will notify you at least four weeks prior to the amended Terms and Conditions coming into effect. If you do not agree with the changes to the Terms and Conditions, you will have the right to terminate the use of the Services with immediate effect. If you do not make use of your right of termination and continue to access and use our Service after the amended Terms and Conditions become effective, your agreement with the Terms and Conditions will be assumed. Amie will inform you about this circumstance and its consequences in the notification on the changes to the Terms and Conditions. Should you object to the application of the amended Terms and Conditions, Amie shall have the right to terminate your use of the Services pursuant to section 7.
Berlin, March 2022