SANOSON GmbH
Waehringer Str. 115
1180 Vienna
Austria
phone.: +43 664 255 01 02
e-mail: sanoson@sanoson.com
SANOSON GMBH Company No.: FN 301024h
International VAT-No.: ATU63811619
EORI-No.: ATEOS1000041991
Terms of Service
1. INTRODUCTION
This SANOSON Terms of Service Agreement („Agreement“) is a legal document. It outlines your rights and obligations as a User of the SANOSON online services, which is developed and operated by SANOSON GMBH („SANOSON“). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Users and enrolled Subscribers, irrespective of whether they have purchased products or services or enrolled in any way to use products from SANOSON. Other agreements, which supplement this Agreement, may apply to your purchase or use of certain features or products offered by this service.
SANOSON reserves the right to revise this Agreement, the Privacy Policy, and any other document applicable to the Site or the Service, from time to time in its sole discretion without further notice. If we do so, we will post the revisions on the Site and indicate the date of the last revision. You should regularly check the Site for the most current version of these documents.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.
2. DEFINITIONS
As used in this Agreement:
A. „User“ means an individual or business that accesses or uses the Site.
B. „Member“ means a User who has been Registered to access or use certain services, features, and content available to Members on the Site.
C. „Registration“ means the process of registering to access or use the Service. You are „Registered“ when you create a Member account by providing a user name, password, and certain personal contact information as prompted on the Site.
D. „Registration Information“ means the information, including user name and password, required of a Member to complete the Registration process.
E. „Service“ means the services, features, and content available to Members on the Site.
F. „Paid Service“ means any aspect of the Service that requires payment of a fee.
G. „Free Service“ means any aspect of the Service that is offered free of charge.
H. „Subscriber“ means a Member who Enrolls for, accesses, or uses a Free or Paid Service.
I. „Enrollment“ means the process of signing up for any Account Aggregation Service. You are „Enrolled,“ and „Enrollment“ has occurred, when you create an account for an Account Aggregation Service (in addition to your Member account) and provide the necessary Enrollment Information.
J. „Enrollment Information“ means the information, including financial institution account information, required of a Member to complete the Enrollment process. In the case of any Paid Service, Enrollment Information includes billing information such as checking account or credit card information for the purpose of paying fees.
K. „Forum“ is a component of the Site that allows Members, and other Users to exchange ideas, experiences, or advice regarding the Service generally.
L. „Site Content“ means all text, graphics, video, audio, links, communications, and other information contained on the Site, other than User Content.
M. „User Content“ means all text, graphics, video, audio, links, communications, and other information submitted, posted, or shared by Users on the Site.
N. „Privacy Policy“ means the SANOSON Statement of Privacy Policy, as amended from time to time, as posted on the Site.
3. ELIGIBILITY TO USE THE SITE
To become a Member you must be at least 18 years old, or have permission from your legal guardian, or gain access through an institution which has previously acquired permission from your legal guardian. By using the Service or the Site, you represent that you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and you agree to comply with the terms of this Agreement or your legal guardian agrees to comply with the terms of this agreement.
4. ACCOUNT REQUIREMENTS
If you Register as a Member or Enroll in any aspect of the Service, you agree to provide accurate, current, and complete Registration Information (and, as applicable, Enrollment Information) as prompted by the Service’s Registration and Enrollment processes. You agree to promptly update the Registration Information, Enrollment Information, and any other information you provide to SANOSON to keep it accurate, current, and complete. YOU ALSO AGREE TO KEEP YOUR CURRENT E-MAIL ADDRESS AND OTHER CURRENT REGISTRATION INFORMATION OR ENROLLMENT INFORMATION ON FILE WITH SANOSON DURING THE TERM OF THIS AGREEMENT AND FOR ONE YEAR THEREAFTER. If you provide any information, or SANOSON reasonably suspects you have provided any information, that is untrue, inaccurate, not current, or incomplete, SANOSON may terminate your account and refuse all access to or use of the Service and the Site. You agree that your right to use the Service is personal to you, and you may not resell, assign, or make any commercial use of the Service.
5. PRIVACY, PASSWORD, AND SECURITY
Upon Enrollment, you will select a user name and password. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Service through your account. You must notify SANOSON immediately upon discovering any unauthorized use of your Service or if you believe your password has been compromised.
SANOSON will not sell, exchange, or release your personal information or account information to any third party without your permission, except as required by law or by court or governmental order; as permitted in the Privacy Policy; or as you have otherwise agreed. Nevertheless, if you have enrolled after coming to SANOSON through an SANOSON approved web partner site, SANOSON will provide to the approved web partner a copy of your name, mailing address, and e-mail address. SANOSON contractually requires it’s approved web partners to use this personal information only in accordance with their published privacy policies. SANOSON will NOT provide to any approved web partner your financial information or your account information (such as user name and password), but only the information listed above. Additionally, SANOSON may share or publicly disclose compiled, aggregated data containing no personally identifiable information. See the Privacy Policy for more information on SANOSON’s privacy practices.
6. SERVICE ACCESS AND SPEED
Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond SANOSON’s control. SANOSON does not guaranty upload or download speeds or other performance beyond its control.
You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including without limitation, modems, hardware, software, internet service, long distance or local telephone service.
You may not have full access to the Service if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Service may be limited or denied. SANOSON is NOT responsible for any such limitation or denial, or for any long-distance, data charges or other charges or fees you incur while you use the Service or the Site.
7. USE OF THE SITE
You agree to use the Service and the Site in accordance with the terms of this Agreement and applicable law. You agree that you will not upload, submit, post, transmit, or share through the Service any material that is libelous or otherwise defamatory; is fraudulent; obscene, vulgar, inflammatory, or harassing; is racially, ethnically, or religiously charged; is disparaging of or reflects negatively on SANOSON or any of its products or services or any Member, or other User; or infringes the rights of any third party, including intellectual property rights. You may not use the Service to conduct any business or activity, or solicit the performance of any activity, that is prohibited by law or that encourages criminal activity. You may not upload, post, transmit, share, store or otherwise make available on the Site content which, in SANOSON’s sole judgment, is objectionable; which restricts or inhibits any other person from using or enjoying the Site; or which may expose SANOSON or its Users to harm or liability. Finally, you may not use the Service or the Site to harvest contact information of other Users or to upload or transmit unauthorized or unsolicited advertising or promotions of any kind. SANOSON reserves the right to remove from the Site, without notice, any content that does not conform to the standards set forth in this Agreement; and to cancel your Member account and terminate your right to use the Site in the event you have submitted any material or engaged in any activity that violates this Agreement.
8. SITE CONTENT AND USER CONTENT
You are on notice that all materials displayed or performed on the Site (including, but not limited to text, graphics, games, applications, news articles, photographs, images, illustrations, audio clips and video clips, collectively, the „Content“) may constitute our intellectual property and accordingly would be protected by copyright and/or trademark, pursuant to European laws, international conventions, and other laws. The Site and the Content may only be used in accordance with the Terms of Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (unless otherwise provided in the Terms of Service), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site. You may access the Content, and other items displayed on the Site for personal use only. You shall not store any of the Content in any form from the Site unless otherwise explicitly permitted on the Site. Downloading, copying or storing of any Content is expressly prohibited without the prior written permission from the Company, or from such other copyright holder as may be identified in such Content’s copyright notice. Your use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party. All Site Content is proprietary to SANOSON, and may not be copied, downloaded, or used, except in conformity with this Agreement and the purposes of the Site. User Content is not confidential, and SANOSON reserves the right to publish it in any medium without further authorization from or compensation to the User who submitted the User Content. SANOSON also reserves the right to remove User Content from the Site at any time in its sole discretion. SANOSON is not responsible for any data charges by your Internet service provider or telephone company.
9. THIRD PARTY SITES
The Site may contain links to websites provided or operated by parties other than SANOSON. When you visit any such websites, you do so at your own risk. SANOSON undertakes no obligation to monitor such websites and is not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site. You should consult the user agreements and privacy and security policies of any such websites you visit.
10. MONITORING THE SERVICE
SANOSON has no obligation to monitor the Service. However, SANOSON may do so and disclose information regarding use of the Service for any reason, as long as SANOSON adheres to the Privacy Policy and believes, in its sole discretion, that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; and protect SANOSON or its Users. SANOSON may immediately remove your personal information from its servers, in whole or in part, if SANOSON, in its sole discretion, determines that the information infringes another’s property rights.
11. FORUMS
You acknowledge that the Forums on this Site are offered for interaction among Users only, and you use them at your own risk. You assume the risk of encountering any harassing, disparaging, offensive, or obscene material in the Forums, and will promptly report any such material to SANOSON. Communications posted in any Forum are not intended to represent the views of SANOSON. Any advice you may receive from the Forum represent the User’s opinion and is not necessarily the opinion of SANOSON. No User is authorized to represent SANOSON in any dealings with other Members, or to make any warranties regarding any products or services offered by SANOSON. Any communications between Users must conform to the standards set forth in this Agreement. To the fullest extent allowed by applicable law, you agree to waive any claim against any User arising out of any communication or advice offered by another User. You also agree to waive any claim against SANOSON arising out of any communication, advice, or conduct of any User, on the Site or otherwise. SANOSON may decline to allow you to participate in any Forum, and may terminate your participation at any time in its sole discretion.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless SANOSON and its subsidiaries, employees, contractors, officers, directors, telecommunications providers, and content providers from all liabilities, claims, and expenses, including attorney fees, arising out of any breach by you of this Agreement or your use of the Service or the Internet. SANOSON reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to your indemnification. In that event, you will have no further obligation to provide a defense for SANOSON in that matter. In no event will you compromise, settle, or resolve any claim against SANOSON without its prior written consent.
13. TRADEMARK AND COPYRIGHT LEGAL NOTICES
The copyright for all product names and logos is owned by SANOSON GMBH. By placing them on this website, SANOSON does not grant any license or other authorization to use any of its trademarks, registered trademarks, copyrightable material, or other intellectual property.
14. SEVERABILITY
The provisions of this Agreement are severable. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions and each provision will be
enforced to the fullest extent allowed by applicable law.
15. NO THIRD-PARTY BENEFICIARIES
This Agreement is made for the exclusive benefit of, and is binding upon, SANOSON and the Member, and their respective heirs, successors, and assigns. No other person or entity will have any interest under this Agreement or be classified as a third-party beneficiary.
16. ENTIRE AGREEMENT
This Agreement (including the Privacy Policy) constitutes your entire agreement with SANOSON and governs your use of the Service. It supersedes all previous or contemporaneous representations or agreements, written or oral, regarding your use of the Site or the Service. You may be required to accept other agreements, which supplement this Agreement, in order to purchase or use certain features or products offered on this Site. IF YOU ENROLLED FOR THE SERVICE ON ANOTHER WEBSITE, YOU WILL NOT BE REQUIRED TO FORMALLY ACCEPT THIS AGREEMENT TO CONTINUE TO USE OR SUBSCRIBE TO THE SERVICE. NEVERTHELESS, AS LONG AS YOU ACCESS, USE, OR SUBSCRIBE TO THE SERVICE ON THIS SITE YOU WILL AUTOMATICALLY BE BOUND BY THE PROVISIONS OF THIS AGREEMENT, WHICH SUPERSEDE ANY PREVIOUS END USER SERVICE AGREEMENT OR SIMILAR AGREEMENT WITH SANOSON OR ITS PREDECESSORS IN INTEREST.