GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
ONEASME GmbH, Bäckerstraße 6, 21244 Buchholz idN ("ONEASME", "we") operates a platform ("platform") under the Internet address www.oneasme.com ("Website"), in which the Software as a Service ONEXBODY ("SaaS") is offered. The SaaS offers numerous application areas such as fashion, commerce, software, simulation, computer games, augmented reality, virtual reality, video production, broadcasting, printing, film, advertising, illustration and presentation.
2 - PERFORMANCE PACKAGES OF THE PLATFORM
2.1 Service content: The SaaS allows customers to upload data from a humanoid 3D body scan or 3D humanoid character. The SaaS creates a digital product ("product") from this. A product is a collection of one or more digital files. A product can contain 3D models, images and datasheets. In addition, a product is characterized by having a ONEASME ID ("ONEASME ID"). The customer then has the opportunity to view or download the product and import it into other programs and applications.
2.2 Service packages: The customer can choose between different service offers ("service packages"). The current scope of services and prices for the respective service packages apply.
PERFORMANCE PACKAGES; CONCLUSION OF CONTRACT
3.1 Registration: In order to use the individual service packages, the customer must register. When registering the customer account ("Account"), the customer is required to provide his first name, last name, e-mail address and password.
3.2 Access data and password: The customer is not entitled to pass on his access data and access password to third parties. If third parties still have access to the customer's account or the customer has other clues for the misuse of his account, the customer must inform us immediately and change his access data.
3.3 License Agreement: The use of the individual service packages on the platform is based on a user agreement with us ("User Agreement") .The cost of using the service packages varies depending on the service package chosen by the customer.
3.5 Activation procedure: Clicking on the activation link from the email sent to the customer activates the customer's account on the platform and he can log in.
3.6 Reservation: There is no entitlement to participation, registration and activation. ONEASME expressly reserves the right not to release a customer. In this case, a contract is not concluded and there is no obligation to pay the potential customer.
- The respective service package is selected via the corresponding button
- The order must be sent via the button "Pay Now".
Before submitting the order, it is possible to check the information and to correct possible errors in the entry. By submitting the order, a binding offer is made to conclude a legally binding contract. Immediately after receipt of the order, an automated e-mail will be sent to confirm receipt of the offer, without this already being the acceptance of the offer. The contract is concluded with online orders of the service packages, if ONEASME activates the booked service package or accepts the offer by a corresponding order confirmation by e-mail.
3.8 Inputs: The customer can configure the product during the use of the SaaS, in particular the following entries: ONEASME name, gender, first name, surname, body height, body weight, date of birth, transfer of the activation code, third party e-mail, selection of poses and animations.
3.9 Activation Code: In the context of the use of the platform, the customer can specify whether he wishes to acquire the activation code for himself or for a third person by selecting a service package. The activation code can be purchased by the customer personally, unless a tick is placed in front of "I want to transfer my activation code" during product configuration. The activation code can be purchased for a third party, if during the product configuration a tick is placed in front of "I would like to transfer my activation code" and an e-mail address is entered. With the acquisition of the activation code, all rights of use are transferred to the customer or the third person selected by e-mail address. By entering the activation code, the customer can view or download the product.
3.10 Input error: If the customer accidentally input errors, or disturbances in the order transmission occur because z. For example, if the order was accidentally sent twice by double-clicking or the Internet connection was lost, it is possible that the customer will not receive electronic confirmation, or twice. In this case, the customer is obliged to send an e-mail to email@example.com immediately after discovery of the error. Our staff will then take care of the problem
3.11 Setting and changing the services; Termination: The User Agreement may be terminated by ONEASME and the Customer at any time with respect to the Free Services without giving any reason, and the Free Services may be discontinued at any time without cause. ONEASME reserves the right to change or delete parts of the Platform's offer that are made available free of charge at any time and without prior notification or approval requirement. If any of these changes affect service packages already paid, the customer will be informed of the planned change by e-mail and given a deadline to use the purchased service packages of 4 weeks from the notification of change.
3 a - WITHDRAWAL INSTRUCTION AND WITHDRAWAL FORM
Consumers who have purchased the activation code from ONEASME are entitled to a right of withdrawal from ONEASME, subject to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
Right of WithdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract. To exercise your right of withdrawal, you must (ONEASME GmbH, Bäckerstr. 6, 21244 Buchholz, Germany, Tel: 041819288956, Fax: 041819288958, E-Mail: Info@oneasme.com) by means of a clear statement (e.g. by post sent letter, fax or e-mail) about your decision to enter into this contract revoke, inform. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the WithdrawalIf you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
End of the Withdrawal Instruction.
Special reference to the premature termination of the right of withdrawalThe right of withdrawal expires prematurely, if we have begun the execution of the contract, after you have expressly consented that we start the execution of the contract before the expiration of the period of revocation and you have confirmed your knowledge that you agree with the beginning of the execution of the contract you lose your right of withdrawal.
If you want to withdraw the contract, please fill out this form and send it back to:
I / we (*) hereby withdraw the contract concluded by me / us (*)
for the purchase of the following goods (*) / the provision of the
following service (*)
Ordered on (*)_______________ / received on (*)______________
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate
4 - PRICES, PAYMENT TERMS FOR ACTIVATION CODES, TO BE ACQUIRED DIRECTLY WITH ONEASME, PAYMENT DELAY; SETTLEMENT AND RETENTION RIGHTS
4.1 Prices: The prices for the ordered service packages, as they are currently displayed on the website and during the ordering process, apply.
4.2 Sales tax: The statutory sales tax is included in the prices; it will be shown separately in the bill at the statutory rate on the date of invoicing. Invoicing is online.
4.3 Payment options: The various payment options are also displayed when ordering online on the website as part of the ordering process.
4.4 Delay: The legal rules regarding the conditions and the consequences of late payment apply. For merchants, our claim to the commercial maturity interest (§ 353 HGB) remains unaffected.
4.5 Offsetting and Retention: The customer shall only be entitled to offsetting rights if his counterclaims have been legally established, are undisputed or acknowledged by us. In addition, the customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
5 – GRANTING OF RIGHTS
5.1 License Models: The granting of rights varies for the customer depending on whether he chooses the Personal Model or the Third Person Model.
5.2 Personal Model: If the customer chooses the Personal Model by not ticking "I want to transfer my Activation Code" during product configuration, all usage rights are transferred to the customer. By entering the activation code, the customer can view or download the product. The customer acquires the right to use the product for private and commercial projects. The customer has the non-transferable right to reproduce, edit and incorporate the product into a project such as fashion, commerce, software, simulation, computer games, augmented reality, virtual reality, video production, broadcast, print, film, advertising, illustration and presentation to integrate ("production"). The customer has the right to comprehensively analyze the production comprehensively in all digital media including the duplication and public reproduction of the production. Rights to the production can be granted to third parties by the customer. Furthermore, the customer receives the right to have the product displayed as part of the use of SaaS. Passing on the activation code is prohibited and technically prohibited. The right of use of the product is not transferable to third parties.
5.3 Third Person Model: If the customer selects the Third Person Model by ticking the box "I want to transfer my Activation Code" during product configuration and entering an email address, the user becomes the third party selected by email address Person transfer. The customer loses all rights of use through the transfer. The third party acquires the right to use the product for private and commercial projects. The Third Person has the non-transferable right to reproduce, edit and incorporate the Product into a project such as Fashion, Commerce, Software, Simulation, Computer Games, Augmented Reality, Virtual Reality, Video Production, Broadcasting, Printing, Film, Advertising, Illustration and Integrate presentation ("production"). The third person has the right to comprehensively analyze the production comprehensively in all digital media including the duplication and public reproduction of the production. Rights to the production can be granted to third parties. Furthermore, the third person receives the right to have the product displayed as part of the use of the SaaS. Passing on the activation code is prohibited and technically prohibited. The right of use of the product is not transferable to another third person.
5.4 Restrictions: The following restrictions apply to all licensing models unless expressly noted. It is not permitted to make products available for payment or free of charge in such a way that the products can be downloaded, extracted, distributed or called up as individual files by third parties.
6 - LIABILITY OF CUSTOMERS FOR CONTENT AND TRANSFERRED DATA; EXEMPTION
6.1 Liability of the customer: The customer is obliged to refrain from anything that jeopardizes or interferes with the operation and functioning of the platform and the prosperous cooperation. The customer is obliged not to infringe the rights of third parties, in particular copyrights, personal rights, trademark rights, company rights etc., in particular to upload any infringing content within the scope of the use of the SaaS. The customer is liable for the violation of third party rights for which he is responsible for himself and directly.
6.2 Indemnification: Each Customer indemnifies ONEASME from any claims asserted by other customers or other third parties against ONEASME for breach of their rights by the Customer's or the Customer's Customer ("End User"), or any other breach of duty. The customer also bears the costs of the necessary legal defense of ONEASME, including all legal and attorney's fees. This does not apply insofar as the infringement by the customer or end customer is not responsible.
7 - LIABILITY, DAMAGES OF ONEASME
7.1 Liability for SaaS use and consequences: Basically, any liability is excluded from us and takes place only in accordance with the following provisions. We are liable for damages and reimbursement of futile expenses ("damages") for breach of contractual or non-contractual obligations only
- in case of intent or gross negligence,
- in case of negligent or intentional injury to life, body or health,
- in case of negligent or intentional violation of essential contractual obligations,
- because of the assumption of a guarantee of quality,
- due to mandatory liability under the Product Liability Act and within the scope of § 44a TKG or
- due to other mandatory liability.
The compensation for the breach of essential contractual obligations is limited to the contractually typical, foreseeable damage, unless there is intent or gross negligence or liability for injury to life, limb or health or the assumption of a quality guarantee or product liability. The above limitations of liability also apply with regard to the personal liability of our employees, shareholders, representatives, bodies and their members, and vicarious agents. A change in the burden of proof to your detriment is not associated with the above regulations.
7.2 No liability for external influences: ONEASME in particular assumes no responsibility and is not liable for any damage caused by external influences on the customer's system or in the process of data transmission.
7.3 No liability for information, advice or recommendation: ONEASME gives any information, advice and recommendations in principle to the best of its knowledge. There is no contractual principal or secondary obligation to provide information, advice or recommendations. Therefore, ONEASME is not obliged to compensate for damage resulting from compliance with the information, the advice or the recommendation, unless liability arises from an unauthorized act or any other statutory provision. Information, advice and recommendations may be illustrations or texts, regardless of whether this information, advice or recommendations are publicly available (eg on the website) or given to the customer personally.
8 - RUNNING TIME, TERMINATION
8.1 Term Rights of use: The rights granted to the customer or third parties are unlimited in time.
8.2 Runtime service packages: The service packages to be ordered separately are booked for the periods defined in the service package and automatically terminate with the passage of time, without the need for a special termination of the contract.
8.3 Termination by Customer: The customer may terminate the user agreement at any time without observing a deadline by closing or deleting his account on the platform. The obligations to ONEASME already established by the customer during the contract period remain unaffected by the termination. If a service package has been purchased, there will be no reimbursement of fees, as the customer can set the date of his termination himself.
8.4 Termination by ONEASME: ONEASME can terminate the contract of use properly with a notice period of two weeks to the end of the month. If, in the case of ordinary termination, already paid service packages are affected, the customer may use the services purchased until the end of the notice period. At the request of the customer, he will be refunded a corresponding credit for services that have not been used. A claim for refund of the credit must be made within two weeks of the date of termination. Otherwise a refund will not take place.
8.5 Termination without notice: The right to terminate without notice for good cause remains unaffected.
8.6 Text form: Any notice must at least be in text form. Notice of termination by e-mail is the text form.
9 - FINAL PROVISIONS
9.2 Choice of law and jurisdiction: German law applies. Place of fulfillment and exclusive place of jurisdiction is Hamburg, as far as both parties are merchants.
As of 2019
Copyright ONEASME GmbH © 2019
All rights reserved