Terms of Service

WELCOME TO TEAMGEIST.IO. PLEASE READ THESE TERMS CAREFULLY AS THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND TEAMGEIST.IO A SERVICE PROVIDED BY COMSYSTO GmbH (hereinafter “we”, “us”, “our” or “teamgeist.io”) GOVERNING YOUR USE OF ENTIRE TEAMGEIST.IO WEBSITE AND SERVICES THAT TEAMGEIST.IO PROVIDES. This Agreement consists of the following terms and conditions (hereinafter the “Terms”):

Acceptance of the Terms

If you do not agree to the Terms, please do not use any of our Services. By registering or using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing to teamgeist.io that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization). If you and teamgeist.io have agreed specific Terms of Use via the teamgeist.io Services these will prevail in case of conflict with this Agreement. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with teamgeist.io and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.

Description of Service

Our website allows you to create an account for your company or organization which will allow you to invite colleagues or friends to plan absences effordlessly. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You may use the Services, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws.

Subscription to Beta Service

We offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services on commercial basis. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that teamgeist.io will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if teamgeist.io has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, teamgeist.io may terminate your user account at any time in its sole discretion and refuse current or future use of any or all of the Services.

Only you may use your teamgeist.io account. You must keep your account, usernames and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You must contact us right away if you suspect misuse of your account or any security breach in the Services. You are responsible for all activities that take place with your account. Teamgeist.io will not be liable for any loss or damage arising from any unauthorized use of your accounts.

If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account.

Acceptable Use

You must not use the Services to harm others or the Services. For example, you must not use the Services to harm, threaten, or harass another person, organization, or teamgeist.io and/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Services (or any network connected to the Service); resell or redistribute the Services or any part of it; use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, or periodic caching of information stored by teamgeist.io) to access or use the Services unless we provide authorized ways of doing such activities. In addition, you agree that you will not and will not encourage or assist any third party to:

Personal Information and Privacy

Personal information you provide to teamgeist.io through the Services is governed by our Privacy Policy. Your election to use the Service indicates your acceptance of the terms of our Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information.

Consent to Electronic Communications

By registering with teamgeist.io, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use, (b) updates, (c) promotional information and materials regarding teamgeist.io's products and services and notifications of certain events (such as a negotiation requests, comments, messages and updates from other users), via electronic mail, push notifications, or SMS messages.

Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 365 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such terminationl. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Intellectual Property

All contents of the teamgeist.io’s website and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2014 teamgeist.io, and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved.

ComSysto and the teamgeist.io logo are including without limitation, either trademarks, service marks or registered trademarks, and may not be copied, imitated, or used, in whole or in part, without teamgeist.io's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

In the event that you provide comments, suggestions and recommendations to teamgeist.io with respect to the Services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Services) (collectively, "Feedback"), you hereby grant to teamgeist.io a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. TEAMGEIST.IO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEAMGEIST.IO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TEAMGEIST.IO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT TEAMGEIST.IO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF TEAMGEIST.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL TEAMGEIST.IO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. BY SIGNING UP AND USING THE SERVICES YOU AND TEAMGEIST.IO AGREE THAT THIS PROVISION HAS BEEN SPECIFICALLY NEGOTIATED BETWEEN YOU AND TEAMGEIST.IO

Indemnification

You agree to indemnify and hold harmless teamgeist.io, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of any claims related to your use of the Services in violation of another party's rights, in violation of any law, in violation of any provisions of the Terms, or any other claims related to your use of the Services, except where such use is authorized by teamgeist.io.

Suspension of Use of the Services

We reserve the right, to temporarily suspend or terminate your access to the Services at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Services for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause teamgeist.io to have legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. If, in teamgeist.io's determination, the suspension might be indefinite and/or teamgeist.io has elected to terminate your access to the Services, teamgeist.io will use commercially reasonable efforts to notify you through the Services. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to the content that is stored with the Services.

Upon termination by teamgeist.io, for reasons other than cause, or at your direction, you may request access to your content, which we will make available for an additional fee. You must make such request within thirty (30) days following termination. Otherwise, any absences you have stored with the Services may not be retrievable, and we will have no obligation to maintain any data stored in your account.

Updates to the Services

ComSysto reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop the Services altogether.

Fees and Payments

The fees applicable for the Service ("Fees") are available on the website in then-current published Pricing terms. The prices for the Services exclude all taxes and charges, unless stated otherwise. You're responsible for any taxes and for all other charges (for example, currency exchange settlements).

In addition to any Fees, you may still incur charges incidental to using the Services, for example, charges for Internet access, data roaming, and other data transmission charges.

You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the Services using your payment method and for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill at the time of completion of each chargeable item or for the bulk of chargeable completed items at the end of each month or shortly after that, or on a recurring basis for subscription Services. We may automatically renew your Services and charge you for any renewal term.

You must keep all information in your billing account current. You can access and modify your billing account information using the administrative function once you are logged into the teamgeist.io website. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Services, we may cancel those Services. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

We'll notify you in advance, either through the Services and/or to the email address you have most recently provided to us or via other means, including SMS messages, if we change the price of the Services. If there's a specific length and price for your Services offer, that price will remain in force for that time. After the offer period ends, your use of the Services will be charged at the new price. If you don't agree to these changes, you must cancel and stop using the Services via an email to support@teamgeist.io no later than thirty (30) days prior to the conclusion of your current payment term. If you cancel, your Services end at the end of your current Services period or, if we bill your account on a periodic basis, at the end of the period in which you canceled. If you fail to cancel as required, we will automatically renew the Services for the same term and will charge your payment information on file with us commencing on the first day of the renewal term.

Except as specifically set forth in this section, all Services are prepaid for the period selected and are non-refundable. This includes accounts that are renewed.

Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.

Changes to these Terms

We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the teamgeist.io website. Any changes will be effective upon posting the revised version of these Terms on our website (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you, either through the Services and/or to the email address you have most recently provided to us or via other means, including SMS messages or push notifications. We encourage you to check the date of these Terms whenever you visit our website to see if these Terms have been updated. Your continued access or use of any portion of the Services constitutes your acceptance of such changes. If you don't agree to any of the changes, we're not obligated to keep providing the Service, and you must cancel and stop using the Services.

Miscellaneous

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire agreement between you and us regarding the Services. It supersedes any prior agreement or oral or written statements regarding your use of the Services.

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this agreement or transfer any rights to use the Services without our consent.

ComSysto and you are not legal partners or agents; instead, our relationship is that of independent contractors. This agreement is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

Applicable law

German law shall apply exclusively, excluding international treaties (such as the CISG). Munich shall be the place of performance and the exclusive place of jurisdiction.

Only the German version of these terms shall be legally binding. The same applies to any amendments or supplements made to these terms to the extent that the German version of such amendments or supplements is available and that no other agreement has been reached.

The assignment of rights and claims under this Agreement shall require the express prior consent of the other Contracting Party.

If individual provisions are invalid, in whole or in part, this shall not affect the validity of the remaining provisions of these terms. The Contracting Parties shall replace the invalid provision with a provision that most closely approximates the invalid provision in economic effect. The same shall apply to any gaps in these terms.

Amendments and supplements must be in written form. This applies, in particular, to any change to this written-form requirement.