General Terms and Conditions

for the Company media access GmbH

Introductory Note

The following general terms and conditions govern the use of location services through media access GMBH, Werfelweg 8, 70437 Stuttgart (hereafter: SYNAGRAM). SYNAGRAM offers location services through its website under the domain name www.synagram.com in connection with its corresponding applications for mobile telephones through the following usage versions:

  • 7 days complimentary usage;
  • paid version, annual subscription (web service);

all location services through SYNAGRAM can be used to handle confidential positioning information. Please see our Privacy Statement for details on how your information is handled.

Summary*:

SYNAGRAM offers you location services throughwww.synagram.com and mobile phone applications. The first 7 days are free as part of your trial access. We treat your personal data as strictly confidential.

1. General

  1. These General terms and conditions apply for all contracts with SYNAGRAM regarding the provision of services to
  2. businesses as defined under section 14 of the German Civil Code (§14 BGB)
  3. consumers as defined under section 13 of the German Civil Code (§13 BGB)
  4. (hereafter: CLIENT)
  5. These general terms and conditions contain special provisions for CLIENTS who are considered businesses under section 14 of the German Civil Code (§14 BGB) (hereafter: BUSINESSES). These special clauses for Commercial transactions are denoted by explicit reference to BUSINESSES. They do not apply to transactions with consumers as defined under section 13 of the German Civil Code (§13 BGB).
  6.  SYNAGRAM does not recognize any terms or conditions on the part of BUSINESSES deviating from these, unless SYNAGRAM has expressly approved these in writing.
  7.  Any agreements made between SYNAGRAM and the CLIENT in terms of the Provision of services from SYNAGRAM are set out in writing in these terms of contract.

Summary*:

SYNAGRAM’s services throughwww.synagram.com are intended for use by bothconsumers and businesses. The following usage conditions apply.

2. Conclusion of Contract/Registration

  1. The CLIENT must create an account in order to utilize the location services on our website www.synagram.com and SYNAGRAM’s corresponding mobile applications. During the registration process, the CLIENT must supply the required contact details completely and truthfully and complete this process by clicking the “create account” button.
  2. No pseudonyms are permitted.
  3. The option to register an account on SYNAGRAM’s website and mobile applications represents a non-binding invitation for the CLIENT to make use of SYNAGRAM’s location services. The CLIENT’s order represents a binding offer for us to conclude a contract with the Client. SYNAGRAM shall activate the CLIENT’s account pending an assessment of the registration data. The contractual relationship comes into effect upon activation by SYNAGRAM. SYNAGRAM shall inform the CLIENT of account activation by email through the address provided during registration.
  4. The service contract is effected by media access GmbH, Werfelweg 8, 70437 Stuttgart.
  5. Contract language is German.

Summary*:

In order for you to use SYNAGRAM, you must register and create an account on our website (www.synagram.com).

3. Scope of Services within the Limits of Mobile Telephone Positioning

  1. SYNAGRAM gathers the CLIENT’s location information based on the information the CLIENT provides to SYNAGRAM.
  2. SYNAGRAM compiles an analysis of location data relating to the configured alerts. Results are not guaranteed.
  3. SYNAGRAM reserves the right to improve methods of analysis during the duration of the contract. The legitimate interests of the CLIENT may not be restricted in the process and such changes must be reasonable to the CLIENT.

Summary*:

SYNAGRAM offers computer-based location services. We are unable to guarantee success because we cannot be sure what you wish to accomplish with particular information provided you.

4.Obligations of the Client

  1. The CLIENT is obligated to truthfully provide their civil name and, if applicable, the name of their business, as well as the required address when entering registration information. Only by doing so can SYNAGRAM properly bill the CLIENT for services requested.
  2. In using SYNAGRAM’s services, the CLIENT shall adhere to the applicable laws and rights of third parties. The CLIENT is specifically prohibited from using any content that is abusive, defamatory, pornographic or violates the Children and Young Persons Protection Act (Jugendschutzgesetz) or from marketing, distributing or providing access to any such content on SYNAGRAM’s website. This applies irrespective of whether this content concerns other CLIENTS, employees of SYNAGRAM or other persons or businesses.
  3. The CLIENT shall additionally refrain from the following:
    • The use of mechanisms, software or scripts in connection with the use of the SYNAGRAM website and mobile applications. However, the CLIENT may use the interface or software SYNAGRAM provides as part of the services offered through SYNAGRAM’s website and mobile applications.
    • Blocking, overwriting, modifying, copying, insofar as this is not required for the proper use of services from SYNAGRAM’s website. Copying by way of  “Robot/Crawler” search engine technologies for example is not required for the proper usage of SYNAGRAM’s services and is therefore expressly prohibited.
    • Distribution and public reproduction of the SYNAGRAM website’s contents or other CLIENTS’ systems or any action that may damage the functionality of SYNAGRAM’s systems, particularly those that may overload it.

Summary*:

Let us treat each other fairly. We need accurate information for billing purposes. Do not undertake any illegal activities with SYNAGRAM.

5. Contract Text Storage and Storage of Client Information

SYNAGRAM stores the text of this contract and CLIENT information supplied for fulfilling the contract. Upon the termination of this account, SYNAGRAM deletes this information within a reasonable period. Detailed rules are set out under section 11. These terms and conditions can by accessed, saved and printed by visiting SYNAGRAM’s website

Storage of Client Information

SYNAGRAM stores the text of this contract and CLIENT information supplied for fulfilling the contract. Upon the termination of this account, SYNAGRAM deletes this information within a reasonable period. Detailed rules are set out under section 11. These terms and conditions can by accessed, saved and printed by visiting SYNAGRAM’s website

Summary*:

SYNAGRAM stores your data only during the duration of your contract and offers you access to all important contract information in terms of your client account.

6. Cancellation Policy

Clients who are considered consumers as defined under section 13 of the German Civil Code (§13 BGB) are entitled to a right of cancellation according to the provisions of the Distance Selling Act (Fernabsatzgesetz) whereby the contract declaration may be withdrawn in accordance with the procedure defined below:

- Right of Cancellation-

You may withdraw your contract declaration within 14 days without stating reasons in written form (e.g. letter, fax, email). The cancellation period begins when this information has been received in writing, but not prior to conclusion of the contract or before we have fulfilled our obligations to provide information as defined in Article 246, section 2 in conjunction with section 1, paragraphs 1 and 2 of the Introductory Act to the Civil Code (EGBGB), as well as our duties under section 312g, paragraph 1, sentence 1 of the German Civil Code (BGB) in conjunction with Article 246, section 3 of the Introductory Act to the Civil Code (EGBGB). The timely dispatch of the revocation shall be deemed sufficient for compliance with the revocation term.

The letter of cancellation should be addressed to:
media access GmbH
Werfelweg 8
70437 Stuttgart Germany
Fax: +44 0711-49030-22370
Email: post@synagram.com

Consequences of Revocation:

In the event of a valid cancellation, the payments or goods received by both parties are to be restored and, if necessary, profit drawn (e.g. interest) surrendered. In the event that you cannot return or release the services or use (e.g. benefits of use) received in whole or in part or only in a deteriorated condition, you shall be obliged to compensate us for any depreciation in value, if applicable. This may result in you nevertheless having to satisfy the contractual payment obligations for the period leading up to the cancellation. Obligations to reimburse payments must be discharged within 30 days. This period shall commence for your upon sending your cancellation notice.

Special Notice:

Your right of cancellation shall expire prematurely if the contract, at your express request, has been executed in full by both parties prior to your exercising your right of cancellation.

- End of Cancellation Policy -

Summary*:

If you are a consumer, you are entitled to a right of cancellation when booking services with SYNAGRAM.

7. Trial Period/Prices

  1. SYNAGRAM offers registered CLIENTS a paid version for use location services online and in connection with mobile applications.
  2. The applicable pricing can be found on the websitewww.synagram.com/preise.
  3. All Prices include statutory value-added tax.
  4. The CLIENT may take advantage of a 7 day trial of SYNAGRAM’s location services free of charge. In order to continue using SYNAGRAM, you must enter into a paid contract. Taking advantage of the trial period more than once is not permitted.

Summary*:

You may try SYNAGRAM for 7 days free of charge. Once this trial period has ended we offer a paid service. The trial period automatically ends 7 days after your activation. You will accrue no hidden costs during the trial period

8. Contract Duration/Termination

  1. The Minimum contract period for paid web services is 12 months from the date of conclusion of the contract. The contract ends automatically after the expiration of the minimum term of contract.
  2. SYNAGRAM grants the CLIENT the right of cancellation without charge of the free trial period. The trial period may also be terminated at any time without stating reasons and ends automatically after 7 days. There is no automatic extension.
  3. The right of extraordinary termination for good cause remains unaffected.

Summary*:

Even paid contracts do not renew themselves automatically!

9. Terms of Payment

  1. SYNAGRAM only accepts the following methods of payment:
    • Credit card
  2. Payment shall be made in advance for the full duration of the contract when the paid version has been purchased.
  3. In the case of payment by credit card, by disclosing their credit card details, the CLIENT authorizes the full invoice amount to be charged, when due, through the respective credit card company. SYNAGRAM shall initiate the charge in this case upon order confirmation.
  4. Only CLIENTS who are defined as BUSINESSES under section 14 of the German Civil Code (§14 BGB) are entitled to offsetting rights if their counterclaims have been legally established, are undisputed, or have been recognized by SYNAGRAM. The CLIENT is authorized to exercise a right of retention only if their counterclaim is based on the same contractual relationship. This does not apply to CLIENTS defined as consumers under section 13 of the German Civil Code (§13 BGB).
  5. Should the CLIENT in effect withdraw from the contract, SYNAGRAM shall refund the amounts paid in advance on a pro-rata basis to the client. The CLIENT shall designate, unsolicited, bank details to SYNAGRAM for this purpose.

Summary*:

Payment shall be made in advance for the full duration of the contract.

10. Liability

  1. The CLIENT’s claims for damages or reimbursement of wasted expenditure against SYNAGRAM shall be made outside the bounds of warranty law regardless of the legal nature of the claim in accordance with these regulations.
  2. SYNAGRAM’s liability shall be excluded - irrespective of the legal basis. Insofar as media access GmbH’s liability is excluded or restricted, this shall also apply to the personal liability of SYNAGRAM’s employees, representatives  and vicarious agents. The limitation of liability shall not apply if the damage caused by intent or gross negligence on the part of SYNAGRAM is attributable to employees, representative or vicarious agents of SYNAGRAM.
  3. SYNAGRAM shall be liable without limitation for damages resulting from injury to life, body or health that is due to intentional or grossly negligent dereliction on the part of SYNAGRAM or any legal representative or vicarious agent of SYNAGRAM.
  4. Insofar as SYNAGRAM breaches a significant contractual duty to a slight degree at the least, liability shall be limited to damages that typically arise. This involves damages, the occurrence of which must typically be expected within the framework of the agreement. The contractual obligation (cardinal obligation) is an obligation whose observance is of Special importance for the completion of the contract.
  5. SYNAGRAM’s liability as defined by the Product Liability Act (Produkthaftungsgesetz § 14) shall remain unaffected. The same applies in the case of fraudulent concealment of defects and/or in the case of assumption of a guarantee for the condition of goods by SYNAGRAM.

Summary*:

SYNAGRAM shall be entitled to possible damages within the terms of these liability conditions.

11. Data Storage and Data Protection

  1. The CLIENT is aware of and accepts that SYNAGRAM stores the personal data required to  process the contract on data storage media. The CLIENT expressly consents  to the collection, processing and use of personal data as necessary for the conclusion of the contract. SYNAGRAM handles stored personal information confidentially. The CLIENT’s personal data shall be collected, processed and used in accordance with the provisions of the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).
  2. SYNAGRAM assures the CLIENT of the utmost confidentiality regarding the location and positioning data supplied. Data transmission is always encrypted.
  3. The CLIENT shall be entitled to revoke their consent at any time with effect for the future. SYNAGRAM shall be obligated in this case to immediately delete or block the CLIENT’s personal data in accordance with the applicable data protection regulations insofar as this data is not required for the conclusion of the contract and/or as regards accounting.

 

Please see our Privacy Statement for details on how your information is handled.

Summary*:

SYNAGRAM handles your personal data and location information in the strictest confidence. You may delete or block your information at any time as long as SYNAGRAM does not require it for the fulfillment of existing contracts. Positioning data shall be deleted within 14 days.

12. Final Provisions

  1. SYNAGRAM may alter these terms and conditions during the term of contract if an adjustment is required for the location services offered and the changes are reasonable to the CLIENT. Changes shall require the CLIENT’s consent to take effect, within a period of 3 months after initial information regarding the concrete changes is provided in written form. The CLIENT shall be entitled to a special right of termination in the event of changes to these terms and conditions at the end of the calendar month by observing a period of notice of one week.
  2. In the  case of transactions with BUSINESSES, the laws of the Federal Republic of Germany shall apply with the exception of the UN Law on International Sales. This exception does not apply to CLIENTS defined as consumers under section 13 of the German Civil Code (§13 BGB) and who do not conclude the contract for professional or commercial purposes.
  3. If the  CLIENT is a merchant, a legal entity under public law or a special asset governed by public law, the exclusive legal venue for any disputes under this contract shall be SYNAGRAM’s headquarters in 70437 Stuttgart.
  4. The same applies if the CLIENT is defined as a Business under section 14 of the  German Civil Code (§14 BGB) and has no general place of jurisdiction in Germany or if its address or normal place of residence is unknown at the date that legal action is initiated. The right of SYNAGRAM to appeal to  another court of jurisdiction in cases specified under 12.3 remains  thereby unaffected.

Summary*:

SYNAGRAM’s headquarters are in Germany and therefore only German law applies to contracts with businesses. Jurisdiction in this case is held in Germany at SYNAGRAM’s registered office.

* Note regarding “Summaries”

For legal purposes we would like to make that this text is not legally binding. The full text version of the General Terms and Conditions is valid.

Updated: 08/24/2013