These Terms of Service (“Terms“) govern your use of the free TEAMWIESN service provided by AlphaNodes GmbH on the website called teamwiesn.com (“TEAMWIESN”). Our Privacy Policy explains the way we collect and use your information and our Acceptable Use Policy outlines our expectations with respect to your behavior when using the Service. By using the Service you agree to be bound by these Terms and our Privacy Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.

Your Content

The Service allows you to create tasks and associated information, text, files and other materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the TEAMWIESN Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (I) providing you the Service and associated support; and (II) analyzing and improving the operation of the Service.

We reserve the right to remove Content on the Service that violates our “Acceptable Use Policy” or these Terms or that we otherwise reasonably believe may create liability for TEAMWIESN.

Your Obligations

You must provide accurate information when you create your TEAMWIESN account. You are responsible for safeguarding the password and for all activities that occur under your account. You should notify the TEAMWIESN team immediately if you become aware of any breach of security or unauthorized use of your account. You must comply with our “Acceptable Use Policy” at all times when using the Service. You may never use another user’s account without permission. You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law. Our Service is not intended for use by persons under the age of 16. By using the Service you are representing to us that you are over the age of 16.

Your Use of TEAMWIESN Service

As long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Service, solely to access the Service. TEAMWIESN retains all right, title and interest in the Service.

Administrator Access to Your Content

When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (such as yourname@youremployer.com or yourname@nonprofit.org) (each an “Entity”) you hereby grant that Entity and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, you are granting permission to have such Content shared with such third party application(s). You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain.

Your Use of Third Party Applications

If you elect to utilize any third party application in connection with your use of the Service, by doing so you are consenting to your Content being shared with such third party application. To understand how such third party application provider utilizes your Content and other information, you should review their privacy policy.

Security

We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content. Our server, where the TEAMWIESN service is running, are located in Germany.

Termination

You are free to stop using our TEAMWIESN Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or our Acceptable Use Policy or if you are using the Service in a manner that we believe may cause us financial or legal liability.

TEAMWIESN’s Intellectual Property Rights

The Service (excluding Content provided by users) constitutes TEAMWIESN’s intellectual property and will remain the exclusive property of TEAMWIESN and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

TEAMWIESN respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to our Copyright Agent.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Indemnification

You agree to defend, indemnify and hold harmless TEAMWIESN and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE TEAMWIESN TEAM IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE.

The Service is controlled, operated and hosted from within Germany. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable german and local laws and regulations, including but not limited to export and import regulations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TEAMWIESN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT TEAMWIESN HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TEAMWIESN’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF 100 EUR OR THE AMOUNTS PAID BY YOU TO TEAMWIESN IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.

Dispute Resolution

*Informal Efforts - *You agree that prior to filing any claim against TEAMWIESN relating to or arising out of these Terms you will first contact us at servus@alphanodes.com or our known postal address (details in our imprint) to provide us with an effort to resolve the issue in an informal manner.

Arbitration - If such dispute is not resolved to our mutual satisfaction within 30 days of submission, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by our legal assistant, located in Munich, Germany.

Judicial Forum - In the event that the agreement to arbitrate is found not to apply to your claim, then you and TEAMWIESN agree that any judicial proceedings will be brought to the Munich Amtsgericht (Germany) and both parties consent to venue and personal jurisdiction there.

Data Transfer

In connection with providing you the Service TEAMWIESN may transfer, store and process your Content in Germany or in any other country in which TEAMWIESN or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.

Acceptable Use Policy

All users of the TEAMWIESN Service are expected to comply with this “Acceptable Use Policy”. Failure to do so may result in suspension or termination of your account (including your content). This “Acceptable Use Policy” will apply to all users of the Service under your account (the “End Users”).

Acceptable Use of the Service

No Misuse of the Service. You agree not to misuse the Service. For example, you may not:

  • use the Service for any unlawful purpose or for promotion of illegal activities;
  • impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
  • send unsolicited communications, promotions advertisements, or spam;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
  • access, tamper with, or use non-public areas of the Service, TEAMWIESN’s computer systems, or the technical delivery systems of TEAMWIESN’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
  • access or search the Services by any means other than TEAMWIESN’s publicly supported interfaces (for example, “scraping”);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
  • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; or
  • promote or advertise products or services other than your own without appropriate authorization.

Content Standards. You may not post any Content on the Service that:

  • May create a risk of harm, loss, or physical or mental injury to any other person or the risk of loss or damage to any property;
  • violates of any applicable law, any intellectual property rights, or anyone’s right of privacy or publicity;
  • is libelous, defamatory or threatening or that constitutes hate speech; or
  • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and TEAMWIESN concerning the Service replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. TEAMWIESN’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.