Terms & Conditions
§ 1 - General Provisions, Scope of Application
(1) These General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between the operator of the bookmarks.monster service (hereinafter referred to as "Service"), the xoo networks consulting Ulf Kieber, Muenchener Str. 1, 10777 Berlin, Germany (hereinafter referred to as "Provider"), and the user of the Service (hereinafter referred to as "User"). A User is defined as any person who uses the Service as a buyer, prospective buyer, or in any other capacity.
(2) Any conflicting terms and conditions of the User shall not apply unless the Provider has confirmed them in writing. Individual agreements between the Provider and the User shall always take precedence.
§ 2 - Subject Matter of the Contract, Changes to Services
(1) bookmarks.monster is a service for the device- and browser-independent storage and management of bookmarks and serves to simplify navigation on the World Wide Web. The service is provided via websites on the internet (e.g., bookmarks.monster, bookmark.monster) and, where applicable, under various subdomains and aliases of these domains and their subpages, as well as via mobile applications (so-called "apps"), background applications, web services, and integrations into third-party websites (e.g., via iFrame).
(2) The core of the service is a login-protected, non-publicly accessible overview of the user-created and structured bookmarks, including the tools necessary for their management.
(3) The provider reserves the right to further develop, modify, or offer alternative services, unless this is unreasonable for the user.
(4) The provider further reserves the right to modify or offer alternative services if:
- the provider is obligated to adapt the offered services to applicable law, particularly if the applicable legal situation changes;
- The provider is complying with a court order or official decision against the provider;
- the respective change is necessary to close existing security gaps;
- the change is solely to the user's advantage;
- the change is purely technical or procedural in nature without any significant impact on the user.
(5) Changes with only a minor impact on the service's functions do not constitute service modifications within the meaning of this clause. This applies in particular to purely graphical changes and the mere rearrangement of functions.
§ 3 - Types of Contracts, Registration, Conclusion of Contract
(1) The provider distinguishes between free and paid contractual relationships.
(2) As soon as a user registers to use the service, a corresponding user account is created. This establishes a free contract between the user and the provider. The user can initially use the service free of charge for a limited trial period under their user account.
(3) The availability of the service does not constitute an offer, but merely an invitation to submit an offer. By completing the booking process, the user submits an offer to conclude a paid contract for the use of the service. The provider accepts this offer by continuing to provide the service, extending the payment period displayed in the profile data, and sending the invoice. This acceptance results in a paid contract between the user and the provider. When using paid services, the user accepts the associated payment obligation by clicking on the confirmation button provided in this case.
(4) The provider is not obligated to conclude a contract.
(5) The user warrants that all data provided by them that is relevant to the processing of the contract is true and complete. The user is obligated to keep this data true and complete for the entire duration of the contract. In the event that the provider makes manual changes to the user's data on behalf of the user, the provider reserves the right to invoice the user for any resulting costs to the extent that the user is responsible for the event triggering the costs.
(6) The user is obligated to keep their chosen password secret. The provider will not disclose the password to third parties, will use it exclusively for the login process, and will never ask the user for their password outside of the login process. For security reasons and to prevent misuse, the user is advised to change their password regularly. The user is solely responsible for securing and storing their login credentials (especially their password).
(7) The user may not allow third parties to use their user account.
§ 4 - Right of Withdrawal for Consumers
(1) Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us
xoo networks consulting
Ulf Kieber
Muenchener Str. 1
10777 Berlin
Germany
Phone: +49 171 5848914
Email: info@bookmarks.monster
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.
If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of your withdrawal from this contract, compared to the total scope of the services stipulated in the contract.
(2) Model Withdrawal Form
Here you will find the model withdrawal form.
(3) Important Notice
The user expressly agrees that the provider may begin providing the service before the end of the withdrawal period.
(4) Exclusion of the Right of Withdrawal
The right of withdrawal does not apply if the user, when concluding the legal transaction, is acting predominantly in the course of their commercial or self-employed professional activity and is therefore considered an entrepreneur (§ 14 of the German Civil Code).
The right of withdrawal against the provider does not apply to contracts that are not concluded between the user and the provider, but between the user and a third party.
Any rights of withdrawal in this regard can only be asserted against the third party.
§ 5 - User Obligations, Indemnification, Responsibility for Content
(1) The user is obligated to comply with applicable law and all third-party rights when using the service.
(2) Furthermore, the user is obligated to refrain from the following:
- the use of mechanisms, software, or scripts for the automated use of the service, as well as their direct or indirect advertising or distribution. However, the user may use, advertise, or distribute interfaces or software authorized by the provider.
- Blocking, overwriting, modifying, copying, and deleting information, unless necessary for the proper use of the service; distributing and publicly displaying content of the service, unless such distribution and public display are provided for within the application;
- any action that is likely to impair the functionality of the service's infrastructure, in particular by overloading it.
(3) The user shall indemnify the provider against all claims asserted by third parties against the provider arising from the user's use of the service, in particular due to alleged infringements of copyright, trademark, name, competition, or personal rights. This indemnification also includes the provider's expenses for appropriate fact-finding and legal defense.
(4) The provider assumes no responsibility for data and information provided by users or for content on linked external websites. In particular, the provider does not guarantee that this content is accurate, fulfills a specific purpose, or is suitable for such a purpose.
§ 6 - Payment Terms
(1) Fees are due immediately in advance upon invoicing for the entire term or respective billing period.
(2) The user may pay fees using the payment methods offered by the provider. If a fee cannot be collected, the user shall bear all costs incurred by the provider as a result, in particular bank charges in connection with returned direct debits and similar fees, to the extent that the user is responsible for the event triggering the costs.
(3) The provider is free to send invoices and payment reminders exclusively electronically.
§ 7 - Term, Termination, Sanctions, Refund of Prepaid Fees
(1) Paid user agreements run for the usage period booked by the user, then terminate automatically and continue as free user agreements for a transitional period.
(2) Even if special provisions regarding the term and termination exist, both parties have the right to terminate the contractual relationship without notice at any time for good cause. Good cause for termination without notice exists if, considering all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the end of the statutory notice period is unreasonable for the terminating party. Good cause for termination by the provider includes, in particular, the following events:
- The user's failure to comply with legal regulations;
- User breach of their contractual obligations;
- The reputation of the service is significantly impaired by the user's presence.
(3) If there is a compelling reason as defined in clause (2), the provider may, irrespective of any termination under clause (2), also impose the following sanctions against the user:
- Deletion of content created by the user;
- Blocking of access to the service or individual applications;
- Issuance of a warning.
(4) The user's right to a refund of fees already paid in advance is excluded upon termination, unless the user terminates for a compelling reason attributable to the provider. In the following cases, the user's right to a refund of fees already paid in advance is excluded in any event:
- The provider terminates the contract for a compelling reason;
- The provider blocks the user's access in accordance with clause (3).
§ 8 - Deletion of User Data
(1) After a transition period of no more than 180 days following the termination of a paid user agreement, the provider will irretrievably delete all user account data. This 180-day transition period allows the user to restore their data and resume the paid user agreement if they have inadvertently allowed the agreement to expire.
(2) The user can also immediately close their user account and delete their data by using the corresponding buttons in the account settings.
(3) The user's right to request the immediate deletion of their data at any time remains unaffected.
(4) It is the user's responsibility to back up any data they wish to continue using after the termination of the agreement to their own storage media before the agreement ends.
(5) Data that the provider is legally obligated to retain for tax, commercial, or other legal reasons is excluded from deletion.
§ 9 - Referral Program for New Customer Acquisition
To increase its reach, the provider may implement a referral program for new customers. The relevant information and buttons will only be displayed in the service during the referral program's active period. The referral program may be started, suspended, modified, or terminated at any time without prior notice. For successful referrals, the provider grants a bonus in the form of an extended user account for the referring user at the time of the new user's first payment. The bonus duration may be changed at any time without prior notice. The currently valid bonus duration is displayed along with the invitation code. To receive the bonus, the referral program must be active at the time of registration and at the time of the new user's first payment. The bonus duration in effect at the time of the new user's first payment is decisive.
§ 10 - Availability
The user acknowledges that 100% availability of the service is technically impossible. However, the provider strives to maintain the service's availability as consistently as possible. In particular, maintenance, security, or capacity issues, as well as events beyond the provider's control (such as disruptions to public communication networks, power outages, etc.), may lead to disruptions, interruptions, or the temporary suspension of the service.
§ 11 - Liability
(1) The provider's liability for financial losses is limited to cases of intent and gross negligence.
(2) In other cases, the provider is liable for financial losses only for breaches of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the user may regularly rely (cardinal obligations). In such cases, the provider's liability is limited to the foreseeable damages typical for this type of contract. Section 70 of the German Telecommunications Act (TKG) takes precedence insofar as it concerns the scope of application of this provision. Otherwise, the provider's liability is excluded.
(3) The provider's liability for damages resulting from injury to life, body, or health, under the Product Liability Act, or from the assumption of a guarantee remains unaffected by the preceding paragraphs.
§ 12 - Data Protection
The collection, processing, and use of personal user data by the provider is carried out in compliance with applicable data protection regulations and in accordance with the privacy policy.
§ 13 - Changes to the Terms and Conditions
(1) The provider reserves the right to amend these Terms and Conditions at any time and without stating reasons. The provider will notify the user of changes to the Terms and Conditions in a timely manner. If a user does not object to the validity of the new Terms and Conditions within six (6) weeks of notification, the amended Terms and Conditions will be deemed accepted by the user. The provider will inform the user in the notification of their right to object and the significance of the objection period. If the user objects to the new Terms and Conditions, the provider reserves the right to terminate the contract with two weeks' notice.
(2) The provider further reserves the right to amend the Terms and Conditions if:
- the amendment is solely to the user's advantage;
- the amendment is purely technical or procedural, unless it has a significant impact on the user;
- the provider is obligated to ensure that the Terms and Conditions comply with applicable law, particularly if the applicable legal situation changes;
- the provider is complying with a court ruling or official decision against it;
- the provider introduces additional, entirely new services or service elements that require a description in the Terms and Conditions, unless the existing user relationship is adversely affected.
§ 14 - Applicable Law, Jurisdiction, and Miscellaneous
(1) The provider is entitled to transfer its rights and obligations, in whole or in part, to third parties.
(2) The provider may send declarations to the user by email or letter, unless otherwise stipulated in the Terms and Conditions.
(3) The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
(4) The place of performance is the provider's registered office.
(5) The place of jurisdiction for merchants as defined by the German Commercial Code (HGB), legal entities under public law, special funds under public law, and persons who do not have a general place of jurisdiction in Germany is the registered office of the provider.
(6) The business relationship between the provider and the user is governed by the laws of the Federal Republic of Germany. For users who have their habitual residence in a member state of the European Union, the mandatory consumer protection laws of that member state remain unaffected. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and private international law is excluded.
Caveat Emptor
These Terms & Conditions are a translation for informational purposes. Only the German language version of this document shall be deemed legally binding.