Terms of Service (Allgemeine Geschäftsbedingungen)

These Terms of Service (“Agreement”) govern Your use of the SHIFTSIG Service (referred to hereafter as the “Service”), which is provided by BAS Backup Archive Solutions GmbH (“BAS”), registered under number HRB 115693 in the German Handelsregister in Munich. By using the Service, You are consenting to these Terms of Service and to our Privacy Policy, available at https://shiftsig.com/privacy-policy/. The latter describes our data collection and handling practices. Please review our Privacy Policy to understand our practices.

If You are using the Service on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms of Service. In that case, “You” and “Your” will refer to that entity and its affiliates.

BAS reserves the right to revise these Terms of Service at any time, with or without providing prior notice. The most recent version of the Terms of Service can be accessed at: https://shiftsig.com/terms/.

1. General

  1. This Agreement applies to all contractual relationships between BAS and You regarding the Service unless agreed otherwise in writing.
  2. Any general Terms of Service invoked by You are explicitly rejected unless confirmed in writing by BAS.
  3. Failure to comply with these Terms of Service will result in the immediate termination of Your account.

2. Account Conditions

  1. Every user of the Service must be a real person; accounts registered by automated methods are not permitted.
  2. You must provide valid information required during the registration process, including Your legal full name and a valid email address.
  3. Your login credentials are strictly personal; You may not share them with others.
  4. You are solely responsible for maintaining the confidentiality of Your login information.
  5. You are responsible for all activities and content uploaded under Your account.
  6. You may not use the Service for any unlawful or unauthorized purposes. You must comply with all applicable laws in Your jurisdiction when using the Service.

3. Payment Terms

  1. You must make payment in advance on a monthly or yearly basis via credit card. All payments are non-refundable.
  2. All prices exclude any applicable taxes, unless otherwise stated.
  3. If You do not make a payment on time, we may suspend Your account temporarily. We will send You instructions via email on how to make the outstanding payment, and when we will reactivate Your account.
  4. If You make a late payment, You are responsible for paying all costs that we incur when collecting the overdue amounts, including legal and collection fees.

4. Services and Prices

  1. BAS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices for all Services are subject to change upon 30-days notice from BAS. Notice may be provided at any time by posting the changes to the Service or via email.

5. Termination

  1. You are solely responsible for cancelling Your account. An email or phone request to cancel Your account is not considered cancellation. You can cancel Your account at any time.
  2. If You cancel Your account before the end of Your current paid month or year, Your cancellation will take effect immediately and You will not be charged again.
  3. Upon termination, all of Your content will be immediately deleted from the Service. This includes user-created content. This data cannot be recovered once Your account is terminated.
  4. You must retain copies of Your invoices and other financial documents relating to the Service for as long as required by applicable law, even after You cancel Your account.

6. Licenses and Ownership of Content

  1. All software that is supplied to You in connection with the Service is provided subject to the terms of these Terms of Service, and You have no rights in such software other than to use it in connection with the Service.
  2. BAS will never lay claim to the content and/or materials hosted on Your account. Your data is, and always will be, Your property.
  3. You, as the user, retain ownership of Your own content, while BAS continues to hold ownership of the platform.
  4. You are prohibited from posting any content that infringes on any applicable laws (inclusive of export control laws and regulations), third-party intellectual property rights, or anyone’s right to privacy or publicity.
  5. You are forbidden from posting content or utilizing the Service in a manner that is misleading, fraudulent, illicit, obscene, defamatory, disparaging, libelous, threatening, or pornographic.
  6. You may not post content that constitutes hate speech, harassment, or stalking.
  7. You are responsible for ensuring that Your content adheres to all laws and does not infringe upon the rights of others.
  8. BAS reserves the right to delete or remove any content that violates these Terms of Service.
  9. You must indemnify BAS from any claims, damages, or losses arising from Your content.
  10. You are solely and wholly responsible for any legal liabilities or consequences that may arise from the content you share, post, or otherwise disseminate through your account via the Service.

7. Liability

  1. Your use of the Service is at Your sole risk. BAS is not liable for any direct or indirect damages, including consequential damages, lost profits, lost savings or damages due to business interruption.
  2. You will indemnify, defend, and hold harmless BAS from all claims arising out of or related to Your breach of this Agreement or Your violation of any rights of another.

8. Applicable Law and Disputes

  1. In the event that any provision of this Agreement is found to be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
  2. The Parties agree to amend the invalid or unenforceable provision in a mutually acceptable manner to ensure that the amended provision is valid, legal, and enforceable and, to the greatest extent possible, achieves the Parties’ original intent.
  3. This Agreement is governed by the laws of Germany, without regard to its conflict of laws principles.
  4. If any part of this Agreement is found to be invalid or unenforceable, the remaining parts will continue to be valid and enforceable.
  5. The competent court in Munich, Germany will have exclusive jurisdiction over any disputes between You and BAS arising out of or relating to this Agreement.

9. Data Security

  1. BAS is committed to protecting the security of Your data. We have implemented appropriate physical, electronic, and managerial measures to secure the information that we collect.

10. External Links

  1. The Services may contain links to third-party websites or resources. BAS is not responsible for their content, products, or services.
  2. You are solely responsible for Your interactions with these third-party websites or resources.

11. Privacy and Data Protection

  1. BAS respects Your privacy and is committed to protecting Your data. Our data collection and handling practices are described in our Privacy Policy.

12. Data Import

  1. By using our Services and providing data, You confirm that You have the appropriate legal rights to use and share the data.

13. Export Compliance

  1. You agree to comply with all applicable local laws and regulations regarding Your use of the Services, including export control laws and regulations.

14. Service Level Agreement (SLA)

  1. Certain Services are subject to an SLA, available at https://shiftsig.com/service-level-agreement/. The SLA includes additional terms regarding our service commitments and the remedies available to You if we fail to meet these service commitments.

15. User Data Access

  1. BAS personnel and third-party contractors hired by BAS may access Your data solely to provide the Services, resolve service issues, or at Your explicit request. Our access to Your data is governed by our Privacy Policy.

16. Law Enforcement Access

  1. BAS may be required to disclose Your data to law enforcement agencies or other government officers if mandated by a subpoena, court order, or similar legal process, or when necessary to comply with laws, regulations, or statutes.

17. Intellectual Property

  1. All contents of the Services, including but not limited to the logo, graphics, videos, text, images, audio files, icons, and software are the property of BAS.

18. Security Measures

  1. BAS has implemented a variety of security measures to protect Your data, including physical, electronic, and managerial measures.

19. Term and Termination

  1. This Agreement becomes effective when You start using the Services and continues until it is terminated by either You or us. You may terminate this Agreement at any time by notifying us that You no longer wish to use our Services.

If You have any questions about these Terms of Service or the Services, please contact us at hello@shiftsig.com.

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