CleverStores is a service of the company Just Viral GmbH, Reinholdstraße 5, 21073 Hamburg (in the following: „CleverStores“).
CleverStores reserves the right to change these terms at any time with effectiveness even within the existing contractual relationships. About such changes CleverStores will ensure that its customers in regard to at least 30 calendar days prior to the entry into force of amendments. If the customer does not object within 30 days of receipt of the notification and continue to use the services even after the expiration of the opposition period, the changes from the deadline are considered effective agreed.
At amendments to the VAT CleverStores is entitled to this change corresponding adjustment of remuneration, without the aforesaid right to object.
3. Registration entitlement
The use of the services provided by CleverStores requires a registration as a customer. A claim to the use of the service does not exist. The service provider is entitled to reject registration request without giving reasons. Particularly CleverStores does not accept customers who operate websites in the field of adult entertainment or pornography, in the field of radical political or religious beliefs or in anything else dubious area (spam pages, etc.) or those who violate child protection legislation, data protection law and / or other rights. Registration is allowed only if the customer is of legal age and legally competent. Underage persons are prohibited to register. The registration of a legal person must be made by a legally competent and authorized to represent natural person. CleverStores reserves to be shown the relevant evidence.
The contact details queried during the registration process by CleverStores and other information must be provided complete and correct by the customer. When registering a legal person authorized to represent the natural person must also be specified. After giving all the information requested by the customer they are reviewed by CleverStores for completeness and plausibility. If the information is correct from the perspective of CleverStores and there are no other concerns, the customer receives an e-mail with a link where they can download the code of the selected service. The e-mail is considered as acceptance of the registration. Upon receipt of this e-mail, the customer is entitled under these terms and conditions to implement the service on his website.
During the registration process the customer must specify a user name and a password. With this information, after the activation process the customer can log in to to the website CleverStores.com. It is the responsibility of the customer to keep the access data including the password secret and not to make them accessible to unauthorized third parties. It is more the responsibility of the customerto ensure that the access and use of available services is carried out exclusively by the customer or by persons authorized by him. Is to be feared that unauthorized third parties have gained knowledge of the access or acquire, CleverStores must be informed immediately. The customer is obliged to keep its data (including contact details) currently. If a change in the data given during the lifetime of the service occurs, the customer must correct the relevant details immediately in his personal settings. Failing this, the customer shall notify CleverStores the changed data immediately by e-mail.
4. Ending of use / termination / blocking
The 14-day trial period ends automatically, without need for termination. The test phase is not renewed automatically and can not be extended.
The premium models have an indefinite term and may be terminated by the customer on a monthly basis with a period of 14 days end of the month. Termination shall be effected by the corresponding action in the log-in area of the customer. In addition, the termination may be given in writing or by email.
With effective date of termination the contractual relationship ends and the customer may no longer use his access and the service. CleverStores reserves the right to terminate the user name and password when the termination becomes effective.
CleverStores is entitled to terminate the contract without cause with a period of 4 weeks a month's end.
The right to immediate termination for good cause remains unaffected for both sides.
CleverStores is entitled to block access to its services temporarily or permanently, if concrete indications that the customer violates these Terms of Service and / or applicable law or has violated, or when CleverStores has any other legitimate interest in blocking (eg late payments / reversals of debits, etc.). When deciding on a blocking of the service provider will take into account the legitimate interests of the customers adequately. In case of temporary or permanent ban CleverStores disables the service and notifies the customer of this via email.
In case of a temporary ban CleverStores reactivates the services after the specified time and notifies the customer of this via email. A permanently blocked usage authorization can not be restored. Permanently locked clients are excluded from using the services of CleverStores permanently and may not re-register.
5. Services offer and availiblity
CleverStores provides its customers with different services depending on the chosen model. CleverStores offers the choice between a free „Free“ model and two different ones Premium models („Basic“, „Premium“ and „Business“). The premium models offer a significantly extended fee for a monthly fee Services. The royalties currently payable for the Premium models may be the applicable one Price list to be taken. Content and scope of the services are determined by the respective contractual Agreements, moreover, according to the currently available on the website cleverstores.com Functionalities. Access restrictions in the usual scope do not constitute a breach of the performance obligation of CleverStores. CleverStores will immediately eliminate disruptions to its technical facilities within the scope of existing technical and operational possibilities. Necessary business interruptions for preventive or necessary maintenance work will be announced as soon as they become known as soon as possible. CleverStores is not responsible for failures in which the online software can not be accessed or displayed incorrectly due to technical or other problems beyond the control of the provider (eg, force majeure or third party fault). Furthermore is entitled to use the services offered only in the context of technical and operational Possibilities at CleverStores. CleverStores makes every effort to ensure the uninterrupted usability of its products Services. However, due to technical faults (such as interruption of power supply, hardware and Software errors, technical problems in the data lines) temporary restrictions or interruptions occur. CleverStores is always entitled to provide services provided free of charge on the website to make new services available free of charge or for consideration and to make them available free of charge To stop services. CleverStores will pay attention to legitimate customer interests to take.
6. Scope of the permitted use
The customer is responsible for the creation of the necessary in his area of responsibility for the contractual use of the services technical requirements.
In particular permit requirements may exist or may use the services or related technologies abroad are subject to restrictions. The client will comply with applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America, as well as all other relevant provisions. The contract of CleverStores is subject to compliance are no obstacles on the basis of national and international regulations of export and import laws and any other legal requirements.
7. Usage rights
Insofar as hereinafter expressly granted the right to use coding provided, there are no such.
CleverStores grants the customer (under the condition that the payments owed by contract has been paid in full) the non-exclusive right, limited to the term of this contract right to use the code provided in its respective agreed version. The usage authorization always applies only to the latest accessible version of the code; with the relevant code extinguish the rights to use the code in the previously released version for the future.
Furthermore, the customer shall only be entitled to copy the code provided, edit, or decompile, if permitted by law, and only then, if the requisite information is not made available at CleverStores on request of the customer.
Beyond these cases, the customer is not entitled to reproduce the provided code. The customer is not entitled to cede him passed copy of the code to third parties. In particular it is not allowed to sell the code to lend, rent or otherwise sublicense or reproduce the code publicly or making it accessible.
8. Use of paid services / Payment arrangements
The use of available within the fee-based services is paid with the monthly usage fee. The customer initiates the provision of fee-based service directly through its corresponding click on the appropriate button. Since the use of services thereafter can not be reversed and returning can not be guaranteed in such a way that the customer is no longer possible to use to return to the customer does not have a right of withdrawal regarding the use of paid services.
All the indicated charges are inclusive of applicable VAT.
The payment for the utilized by the customer fee-based services is the customer as part of the registration or specified before using the service credit card be charged or paid by direct debit or Paypal. CleverStores uses for managing payments to the service providers Digistore24. The customer receives a monthly statement on the services used by e-mail and / or can this log-in area to retrieve his.
In case of arrears CleverStores is entitled to interest at the rate of 6% to demand from consumers above the base rate and entrepreneurs interest at the rate of 9% above the base rate if the customer does not lower or the service provider proves higher damages.
9. Limitation of liability for unpaid services
If the client to cause harm by using provided free on the portal services, so CleverStores is only liable if the damage due to the contractual use of the gratuitous services has emerged, and only in case of intent (including malice) and gross negligence CleverStores.
10. Limitation of liability for paid services
In the course of using paid services CleverStores liable in accordance with the following provisions:
For damage was caused intentionally or recklessly by CleverStores or by its legal representatives, executives or vicarious agents, CleverStores liable without limitation.
In cases of slightly negligent violation of insignificant contractual obligations only CleverStores is not liable. Moreover, liability of CleverStores for damages caused by carelessness on those damages, the to occur within the framework of the contractual relationship can be typically expected (typical contractual foreseeable damage). This also applies to slightly negligent breaches of duty by the legal representatives, executives or vicarious agents of CleverStores.
The foregoing limitation shall not apply in the case of malice, in the case of bodily or personal injury, for the violation of guarantees and product liability claims.
11. Severability clause
If any provision of these Terms be or become invalid, the validity of the remaining provisions will remain unaffected. Instead of the invalid provision a valid provision shall be deemed agreed that the economy is intended by the parties closest.
12. Applicable law
13. Place of jurisdiction
If it is the customer is a merchant, a legal entity under public law or a public special asset, jurisdiction for all disputes arising from contractual relationships between the customer and CleverStores the seat of CleverStores.
14. Dispute resolution
European Commission's online dispute resolution platform for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure in a consumer complaint office.
15. Information duty
All Internet pages created by the user must contain a reference to a valid imprint according to § 5 TMG, so that third parties can obtain information about the respective provider without delay. This applies to pages that are operated via a so-called subdomain on funnelcockpit.com, as well as for pages that are operated via our WordPress plug-in or via CNAME Record with the user's hosting solution. Information about mandatory information is to be obtained from the user, as country-specific different regulations apply.