General Terms and Conditions & Privacy Statement

§ 1. General

a) Scope
These terms and conditions apply to all business relationships between parolu UG (limited liability) Straße der Pariser Kommune 12-16, 10243 Berlin, represented by its Managing Directors: Mr. Philipp Wolfer and Jann-Martin Mauer (hereinafter referred to as: parolu) and their users in the version applicable at the time of the contract conclusion.  Conflicting terms and conditions of the user are expressly prohibited.

b) Contractual Agreement
Contract language is German. Should there be both German and English text versions, the wording of the German version shall apply in case of doubt.

c) Registration / Conclusion of Contract
Registration in total is a two step process. There is a choice between a free parolu Basic Account” and various fee-based services. By registering, the user enters  into a binding contract. parolu will confirm receipt of the application to the user immediately. The confirmation of receipt does not represent a binding acceptance of the declaration. Parolu is entitled to accept the contractual offer contained in the order as binding within two days of receipt of the application by e-mail, fax, telephone or mail. With this acceptance a contract between the user and parolu becomes effective.

d) Confidentiality
The user’s rights under this contract are not transferable. The password, which allows the user to access the personal area and also to the data acquisition and storage is strictly confidential and may not be disclosed to third parties under any circumstances. The user shall take appropriate and reasonable measures to prevent the disclosure of his password by third parties.

e) Storage of Contractual Text
The contractual text will continue to be available on the website of parolu after registering the user.

§ 2 Provision of Services

a) General
parolu is a provider of Business Cloud Solutions in Germany. For successful and optimized implementation of work processes parolu offers a general or individually designed cloud solution to meet the needs of users. These include in particular the storage of personal content and data with the aim and the ability to access this stored data using specific devices and computers connected to the internet.

b) Delays in Service
The booked services are provided to the customer immediately after entering billing information and dispatch of payment.

c) Delays in Service
parolu is not responsible for performance delays due to force majeure and due to unusual and unforeseeable circumstances which cannot be prevented by all possible care of parolu (this includes in particular strikes, official or court orders and cases of incorrect or improper delivery despite pertinent covered transactions). They allow parolu to postpone the provision of services for the duration of the disabling event.

d) Withdrawal
In case of unavailability of the aforementioned reasons parolu can withdraw from the contract. parolu is obligated to inform the user immediately about the unavailability and to reimburse any monies already paid without delay.

e) Technical Requirements and Authorizations
Use of the services offered by parolu presupposes appropriate compatible devices and software as well as an adequate internet access. Granular authorizations and access rights may be issued for each user, for each organization and for each module.

f) Data Access
The privacy agreement applies. parolu collects, stores and processes data to the extent which is necessary for the agreed performance. Data is stored in Germany.

§ 3 Payment

a) Payment Types
parolu accepts payment by credit card and PayPal as payment types.

b) Prices
All prices are exclusive of applicable sales tax. The payable fee for the services offered by parolu is indicated in the contractual agreement and depends on the selected account type and scope of services.

c) Payment Default
The user is considered to be in default if payment is not received at parolu within two weeks after receipt of invoice. In case of default interest at the rate of 5 percentage points above the base rate of the European Central Bank can be calculated, or 8 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. Should the user be in default with its payments, parolu reserves the right to charge late fees in the amount of EUR 2.50. The assertion of any further damages remains unaffected. The user retains the possibility to prove that parolu incurred no or only minor damage.

d) Account suspension for payment defaults
In case of default the user’s account can be suspended immediately. The data will be made available again after receiving the outstanding payment(s).

e) Right of Retention
The user retains the right of retention only for those counterclaims that are due and are based on the same legal relationship as the obligation of the user.

§ 4 Revocation Instructions for Consumers for Distance Contracts (Services)

Revocation Instructions

Right of Revocation
You have the right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period shall be fourteen days from the date of contract. To exercise your right, you must inform us (parolu UG limited liability, Straße der Pariser Kommune 12-16, 10243 Berlin, email: info@parolu.de, Phone: +49 (0) 30 609 841 110, Fax: +49 (0 ) 30 609841110) by means of a clear statement (e.g. by post mail, fax or email) about your decision to withdraw from this contract. In order to maintain the revocation period, it will be sufficient if you send your notification concerning the exercise of this revocation before the expiration of the revocation period.

Consequences of Revocation
If you withdraw from this contract, we will reimburse all payments we receive from you, including the delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the cheapest ground shipping offered by us), and repay immediately at the latest within fourteen days from the date on which the notification has been received by us of your revocation of this contract. For this repayment, we will use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will not be charged any fees for this repayment. If you required that the services were to begin during the revocation period, then you are liable to pay us a reasonable amount equivalent to the share, up to the date on which you notify us of your right of revocation with regard to this contract, for services rendered in relation to the overall scope provided for in the contract services.

– End of information on Right of Revocation –

§ 5 Responsibility of the User

a) General
Only the user himself is responsible for the content and accuracy of information on the data given to parolu.

b) Rights of Third Parties
The user also agrees not to save any data on the parolu platform, release or provide through any other means any information to other users or third parties, the contents of which infringe the rights of third parties or violate existing laws.

c) Log-in Password
The user is solely responsible for the administration of his log-in password. He shall take the appropriate measures to prevent any disclosure to a third party and any possible loss.

§ 6 Copyrights

a) General
It is up to the users of services offered by parolu, applicable copyright or other rights of third parties to comply with the Account Terms and possibly seek the express consent of the rights holder prior to use or exploitation.  It is for the users of the services offered by parolu to comply with applicable copyright or other rights of third parties under the account terms and seek the express consent of the copyright holder before use or exploitation. This applies in addition to uses as included in § 5b of these Terms of Use, in particular also to reverse engineering, or access to the service for comparable products and services, as well as the copying or reproductions of representations, operations, functions or graphics.

b) Creation of Links
The creation of links to the user on parolu uploaded content and data or other content is permitted, provided that no the rights of third parties are infringed / consent of the copyright holder is not necessary. In particular, the creation of links is allowed if this pertains to organizational invitations.

§ 7 Availability

a) does not guarantee constant availability
parolu accepts no guarantee for the constant availability of the services offered. parolu also does not ensure that the services offered or any part thereof from any location are made available and can be used.

b) Term
The services offered by parolu are terminable monthly without notice, there are no minimum terms.

§ 8 Data Backup

parolu performs effective backups as part of the service, but offers no general data protection guarantee for the data stored in the system on behalf of the user. The user is solely responsible to periodically create adequate backups of his data and thus prevent the loss of data. parolu exercises reasonable care in the performance of the agreed service and will provide the necessary expertise for the data backup. However parolu assures that stored content or data that is accessed by the user is not accidentally damaged or corrupted, lost or partially removed.

§ 9 Usage

a) General
The user agrees to use the services offered by parolu only as permitted by law and in accordance with the scope as outlined under these terms and conditions. Improper use will result in exclusion of usage rights as granted through registration. parolu will deactivate the user account of the corresponding user after becoming aware of the misuse.  Any fees already paid will not be refunded in this case.

b) Improper Use
Copyright infringements are particular examples of improper use. In addition, improper use is also the providing, dissemination or otherwise utilization of illegally obtained data, and in the distribution or provision of data for illegal purposes. In particular, the use of the parolu services

  • to send spam,
  • to send and store infringing, obscene, threatening, abusive or otherwise infringing content on the rights of third parties,
  • for sending and storing viruses, worms, trojans as well as malicious computer codes, files, scripts, agents or programs,
  • to upload programs that interfere, impair or prevent with parolu’s operation,
  • by attempting unauthorized access to the parolu service or to individual modules, systems or applications or grant improper access of these to third parties.

c) Release
The User agrees to indemnify parolu from all third party claims, including reasonable and/or legally regulated costs for prosecution, based on a non-contractual, improper and / or illegal use of the site services and the content of the user. The user supports parolu in the defense of these claims, in particular by making available all information required for its defense. The user is required to compensate parolu for damages incurred in the successful enforcement of such claims by third parties.

§ 10 Liability

a) Liability Disclaimer
parolu and their legal representatives and vicarious agents are liable only in cases of willful misconduct or gross negligence. In cases of slight negligence, liability only applies to the breach of contractual obligations, and consequently such obligations, the observance of which is of special significance for achieving the object of the contract.   The liability is limited to predictable, typical, direct normal damages. Compared to people who are not consumers, parolu is liable in the event of grossly negligent violation of non-essential contractual duties only for the amount of predictable, typical, normal damages.

b) Liability Provisions
The above disclaimer does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by the disclaimer.

§ 11 Final Provisions

a) Jurisdiction
It is agreed that the exclusive jurisdiction for all disputes arising from this contract shall be the seat of parolu in Berlin, provided that the user is a merchant, a legal entity under public law or special public fund or the user does not have jurisdiction in the Federal Republic of Germany.

b) Choice of Law
Unless mandatory statutory provisions in the user’s domicile provide otherwise, German law shall apply.

c) Severability Clause
The invalidity of individual provisions shall not affect the validity of the remaining terms and conditions.


Privacy Statement

Preamble

The protection of the personal data provided by the user and the protection of other sensitive data is an important concern of parolu UG (limited liability) (hereinafter referred to as parolu). This Privacy Policy shall ensure compliance with data protection.

§ 1 Personal Data

a) Personal Data
Personal information is information that may reveal or disclose the user’s identity. Parolu adheres to the principle of data minimization. It is as much as possible to dispense with the collection of personal data.

b) Impact
Personal data are used exclusively for contractual reasons, content design, implementation or execution of contracts. It will not be transferred, sold or traded to third parties. Any use of personal data is carried out only to the extent necessary, in particular for the management of user accounts, or unless parolu is required by law or court order, or if necessary to legally prevent any violations to the terms and conditions.

c) Recourse
The user can object to the storage of his personal data at any time. Excluded are those data that must be kept for purposes of contract management.

d) Right of Access
Upon written request, parolu shall inform the user as to the extent of personal data that has been saved.

e) Right of Correction, Deletion and Blocking of Data
The user always has the right to amend, delete or block incorrect personal data upon request. This is generally provided free of charge.

§ 2 Newsletter

When the user signs up for parolu’s newsletter, parolu uses the information provided by the user in order to send him the newsletter. Based on the consent given by the user, the newsletter is sent to the e-mail address submitted by the user. The user’s e-mail address will be used in this case for parolu’s own promotional purposes until the user cancels the newsletter. The user may revoke his consent with future effect at any time by simply cancelling the newsletter.

§ 3 Usage and Registration Information

For designing the website, usage and registration information is collected, processed and used within the necessary framework. User data and IP addresses are registered with date and time in log files and used and stored for the purpose of statistical evaluation of our website. A compilation of usage and registration data with personal data will only take place to the extent necessary for the performance of contractual obligations or if the user has given his explicit consent.

§ 4 Data Security

a) Data Security
All data on parolu.de are secured through technical and organizational measures to protect against loss, destruction, unauthorized access, alteration and dissemination. However Parolu assumes no responsibility for the destruction and corruption of data.

b) Sessions and Cookies
For the operation of the website, parolu may use cookies or server-based sessions in which data can be stored. The data transmitted by the browser can include, for example, the browser type, browser version, operating system, the referrer URL, the IP address, the time, etc. Cookies are files that are stored by a website to the user’s hard drive to automatically recognize that computer the next time you visit the site and thus be able to adapt the use of the website to the user. Cookies can be rejected by setting the browser so that the storage of cookies can be disabled or the browser is set so that you are informed about the use of cookies. Parolu ensures that no personal data will be taken from sessions or cookies.

c) Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) and collects and stores data through this web analytics service, from which usage profiles are created using pseudonyms. These prepared usage profiles will serve as an evaluation of visitor behavior to design and improve the proposal presented on this website. Google Analytics uses so-called “Cookies”, small text files that are stored on your computer, to help analyze how users use the website. The information generated by the cookies about your use of this website are usually transferred to a server of Google in the US and stored there. In case of activation of IP anonymization on this website, your IP address will be truncated by Google within among the member states of the European Union or other contracting parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the US and truncated there. On behalf of the operator of this site Google will use this information to evaluate your use of the website, in order to compile reports on website activity and to provide other website and internet related services to the website operator. The IP address transmitted by Google Analytics through your browser is not merged with other Google data. Even the usage profiles created using pseudonyms are not combined with the user’s personal information without the express and separate consent of the user. You can prevent the installation of cookies by selecting the appropriate settings on your browser; but please note that in this case you may not have full access to all the features of this website. You can also prevent the collection of data generated by the cookie and relating to your use of the website (incl. Your IP address) by Google and the processing of this data by Google by downloading and installing the available browser plug-in at the following link (http://tools.google.com/dlpage/gaoptout?hl=de).   The privacy policy of Google, the customer can see on http://www.google.de/intl/de/policies/privacy/. Additional information about Terms of Use and Privacy Policy can be found at http://www.google.com/analytics/terms/de.html or under http://www.google.com/intl/de/analytics/privacyoverview.html. Please note that on this website, Google Analytics code “gat._anonymizeIp ();” has been expanded to ensure an anonymized collection of IP addresses (so called  IP masking).

d) Use of Facebook Plug-ins
On these web pages plug-ins of the social network Facebook.com are used, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). If you access any of the internet pages of our website with such a plug-in a connection to the Facebook servers is established which then instructs . your browser to display the plug-in on that webpage.   This is transmitted to the Facebook server, as to which of our internet pages you have visited. If you are logged in as a member of Facebook, Facebook assigns this information to your personal Facebook user account. By using the plug-in functions (e.g. clicking the “like” button, leaving a comment), this information is also assigned to your Facebook account, which can only be prevented by logging out before using the plug-in. For more information on the collection and use of data by Facebook, on your rights and options to protecting your privacy please see refer to the privacy policies of Facebook at [http://de-de.facebook.com/policy.php].

§ 5 Contact Support

For contact support regarding data protection, the user may contact the respective contact person as listed in the legal notice.