General Terms and Conditions (GTC) for the TesApp websites and web application

of the Three60 Summit UG

Stand: 08-2018

1. Subject of the Terms and Conditions

The General Terms and Conditions of Three60 Summit UG, Winzererstr. 32, 80797 Munich (hereinafter referred to as „Three60 Summit“) govern the use of the TesApp websites and (web) applications (hereinafter also „TesApp“ or „(web) application“) based on the with the user (im Hereinafter also referred to as „customer“) to be concluded contract including all possibly additionally contractually agreed investments. Conflicting conditions of the user are not part of the contract even if Three60 Summit has not expressly objected to these conditions.

Compliance with privacy policy is of particular importance for Three60 Summit. The current privacy policy for the TesApp websites and (web) applications can be viewed at www.Tes.App/privacy.

2. Subject of the contract

With TesApp the customer is offered the use of (web) application (especially via web pages), which consist mainly of the following components:

(1) First, TesApp includes the necessary backend or server infrastructure on which the respective (web) applications – e.g. a weather app – are operated. The user can not access the backend directly, but it serves as the basis for the frontend described in paragraph (2). The services in the backend especially include:

  • Providing a backend for the operation of various (web) applications
  • Connection and integration of server-side (web) applications to various APIs
  • Delivery of the (web) application from the backend to the frontend

(2) Also subject of this contract is the TesApp frontend or the various (web) applications. The (web) applications run mainly server-based. These (web) applications are for the purpose of the application of the services mentioned in paragraph 1. Interaction with the (web) applications is not intended during driving (see also clause number 5,  „User’s special obligations to ensure safety during use“).

(3) The programming code and the TesApp (web) applications and content remain exclusive property of Three60 Summit. The user or customer may use these as part of their chosen free or paid usage model (details coming soon), but only in accordance with the provisions of these GTCs and only on the by Three60 Summit operated websites.

3. Achievements of Three60 Summit

In order to provide the user with a range of services tailored to his or her specific needs, TesApp offers various usage models based on various services and prices (details coming soon). The following benefits apply to all users, unless different pricing models or scope has been agreed in a formal contract between the user and Three60 Summit.

(1) TesApp enables the user to use the various (web) applications according to the selected usage or price model and scope of services by means of suitable server capacity. Three60 Summit reserves the right to expand or relocate server capacity at its sole discretion.

(2) In order to enable the user to use the (web) applications, he receives access to a so-called TesApp (web) application frontend, on which the individual available (web) applications are displayed and can be selected for usage.

(3) In addition, the user will be provided with a user name and password for registration or login to the (web) applications of Three60 Summit. In particular, the user is hereby informed that some functions are only available after registration or login and / or after selection of a paid usage model.

(4) Three60 Summit provides the user with the technical possibility to reach the service described under clause number 2, paragraph (2) via WorldWideWeb. The proper operation of the service – not the operation of the WorldWideWeb – is in the responsibility of Three60 Summit.

(5) Three60 Summit is entitled at any time to interrupt the operation of the web pages and (web) applications due to maintenance and updating work or to rectify faults. Three60 Summit reserves the right to define the availability of the websites and (web) applications in its sole discretion, in particular to limit or to discontinue the services and products at its sole discretion.

(6) The accessibility of the (web) applications usually orients on market typical availability values. However, this does not apply to periods when accessibility is interrupted due to technical or other problems. In particular, this also applies to problems that are not attributable to Three60 Summit, such as force majeure, third-party faults, server-side manipulation due to interference of third parties, failure of API interfaces, etc.

4. Duties of the user

(1) The user is obliged to handle access data (login data) carefully, not to pass them on, and to prevent misuse of access data by third parties. Unauthorized third parties are not persons who use access with knowledge and will of the user. In the event of unauthorized use of access data, the user is obliged to inform Three60 Summit immediately let access block.

(2) The user assures Three60 Summit that he does not use any content or comments in any TesApp (web) applications, which publication or use offends against applicable law or third party rights (in particular violates name and trademark law, offends against data protection law or other legal provisions etc.). Three60 Summit is not obliged to review content of the user and check it for possible legal violations; the user alone is responsible for compliance with legal requirements and law. Three60 Summit may, but is not obliged, reject and remove user’s content if it does not comply with the requirements of this paragraph.

(3) The user obliges, to indemnify Three60 Summit against any claims of third parties no matter of which kind the are, if they result from illegal use of content which the user has stored, provided or published on the (web) applications covered by this contract. The indemnity obligation also includes an obligation to fully indemnify Three60 Summit from reasonable legal defense costs (for example, court and attorney’s fees).

(4) The user obliges to use all services solely as intended. The user is prohibited from manipulating the (web) applications and services of TesApp, in particular using mechanisms or other scripts with the (web) applications, which could disrupt function of TesApp services and products. The user may not take any action that may result in an unreasonable or excessive burden for the TesApp system and service. Use of the services and products together with third party software is prohibited. The prerequisite for such actions is always that Three60 Summit has previously and in a written form agreed to such actions.

(5) Data must be entered by the user in the format defined in the (web) application. The user is obliged to backup data by himself. In particular, the user is aware that full protection against loss or damage to data is not possible. He will therefore back up his data and content regularly and in accordance with his or her risk and will create his own backup copies in order to ensure the reconstruction in the event of loss or damage of the data and information. Three60 Summit has the right to refuse information and data posted by the user, if this data causes or could cause errors in data processing or if they have not been entered in required format. The user is responsible for controlling such operations and therefrom deriving the necessary actions.

(6) The user shall immediately notify Three60 Summit if he, due to financial difficulties, has discontinue payment or part of the payment of premium content.

(7) If the user violates his duties under this agreement – in particular by delay of payment, manipulation of services, publishing of illegal content – Three60 Summit is entitled to immediately block access of the user and to withhold services under these terms and conditions.

5. Special obligations of the user to ensure safety during use

THE (WEB) APPLICATIONS AND SERVICES PROVIDED BY THREE60 SUMMIT (E.G. TESAPP) ARE SOLELY PROVIDED FOR INFORMATION AND ENTERTAINMENT. USAGE AND OPERATION OF THE (WEB) APPLICATIONS IS ONLY ALLOWED DURING SAFE PARKING OF THE VEHICLE, E.G. WHEN CHARGING AT CHARGING STATIONS AND SUPERCHARGERS.

THE USE OF TESAPP (WEB) APPLICATIONS DURING DRIVING MAY HIGHLY DECREASE YOUR SAFETY AND THE SAFETY OF ROAD USERS. FOR YOUR OWN SAFETY AND THE SECURITY OF ROAD USERS, YOU AGREE TO THE FOLLOWING RULES OF USE:

(1) YOU CONFIRM THAT YOU WILL ALWAYS DRIVE CAREFULLY, ADHERE TO ALL SPEED LIMITS AND TRAFFIC REGULATIONS IN YOU RESPECTIVE COUNTRY AND COME TO A SAFE STANDSTILL BEFORE INTERACTING WITH TESAPP (WEB-) APPLICATIONS OR CHECKING ANY MEASUREMENTS. 

(2) YOU CONFIRM, THAT INTERACTION WITH THE (WEB) APPLICATIONS WILL NOT BE CARRIED OUT DURING DRIVING, ONLY IN CONSIDERATION WITH LAW AND ONLY DURING PARKING THE VEHICLE IN A – FOR YOU AND OTHER ROAD USERS – SAFE POSITION.

(3) IN ADDITION YOU CONFIRM, NOT TO CHECK THE DISPLAY WHILE DRIVING.

(4) YOU CONFIRM, THAT YOUR ATTENTION, ALSO DURING USAGE WHILST PARKING THE VEHICLE, SHALL ALWAYS BE FOCUSED ON THE TRAFFIC, TO ENSURE SAFETY OF OTHER ROAD USERS.

(5) ANY OFFERED (WEB-) APPLICATIONS WHICH COULD BE USED FOR MEASURING DRIVING DATA, ARE NOT ALLOWED TO BE USED OR TO BE INTERACTED WITH DURING DRIVING AND ARE NOT ALLOWED TO BE USED FOR SPEEDING OR RACING. YOU CONFIRM ALSO FOR SUCH (WEB-) APPLICATIONS, TO NOT CHECK THE DISPLAY WHILE DRIVING.

(6) YOU CONFIRM, THAT ANY NOTICES IN THE (WEB-) APPLICATIONS SHALL NOT APPLY AS A REPLACEMENT OF APPLICABLE LAWS NOR TRAFFIC REGULATIONS. YOU CONFIRM, THAT DURING USAGE OF THE (WEB) APPLICATIONS YOU WILL ALWAYS RELY ON YOUR OWN PERCEPTION AND YOUR OWN JUDGMENT.

6. Premium Service Packages & Payment

(1) Three60 Summit offers different usage models for TesApp, including premium service packages (details coming soon).

(2) The costs for the use of premium performance packages result from a combination of different scopes of the services (e.g. extra functions) and / or for certain (web) applications also on the ability to open and use this (web) application. The use of premium service packages requires prior payment by the user.

(3) For using TesApp Premium Service Packages, Three60 Summit will charge the user contractually agreed fee in advance. The customer obliges to pay for in check-out process selected / chosen premium service package immediately after booking and by using the chosen payment method.

(4) Three60 Summit may, in its sole discretion, offer an adaption for premium service package of selected (web) applications during the run time of the already selected service package (a so-called upgrade). If the user selects such an adjustment of his premium service package during the run time of the already selected premium service package, the existing premium service package will be pro-rated (based on the previous run time) with the newly selected premium service package (based on the new run time). A detailed presentation of the pro-rata billing takes place as part of the selection and checkout process of the new offered premium service package.

(5) Invoiced costs will be deducted or settled immediately and automatically after check out process via the selected payment method. In case of delayed payment, the legal provisions apply. In this case, Three60 Summit reserves the right to immediately block the user from all TesApp services, features and access to products. In the event of repeated delayed payment, Three60 Summit reserves the right to permanently block the user from accessing TesApp.

7. Rights of usage

(1) Three60 Summit assigns a simple, limited and not transferable right of use for the in clause number 2 listed purposes to the user, and only for the run time of this contract. This entitles the user – for its own purposes – to use the (web) application services and functions on the TesApp pages operated by Three60 Summit. Any changes regarding simple right of use are forbidden.

(2) Taking into account clause number 4 and within the scope of the right of use granted in clause number 6, paragraph 1, the user is not allowed to assign contractual services to a third party, not partially nor in full, not for payment nor free of charge. Neither is the user allowed to create certain accounts at TesApp for these mentioned purposes or in general for third parties. The user remains contractor and debtor of reimbursement of claims for Three60 Summit. There is no direct contractual relationship with any such third party.

(3) If the event that a user generates content or information, the user retains all rights on this content, in particular retains its copyrights. The user authorizes Three60 Summit, as part of its services, to reproduce the information and data, including the right to reproduce information and data in the context of the services, and to transmit the information and content to third parties in accordance with the Privacy Policy (see: www.Tes.App/privacy).

8. Warranty

TESAPP, IN PARTICULAR THE WEBSITE, THE (WEB-) APPLICATIONS AND ALL CONTENT AND ALL SERVICES WHICH WILL BE ACCESSED VIA THE WEBSITE, THE (WEB) APPLICATIONS, THE SERVICES, OR OTHERWISE, ARE PROVIDED „WITHOUT WARRANTY,“ „AS AVAILABLE,“ AND „WITH ALL FAULTS.“

ALTHOUGH THREE60 SUMMIT ENDEAVORS IN A PROPERLY WAY AND WITH PROPER AMOUNT TO AVOID FAILURE OR RESOLVER FAILURE OF TESAPP AS SOON AS POSTED OR AS SOON AS THREE60 SUMMIT OBTAINED THE INFORMATION ABOUT THE FAILURE, THREE60 SUMMIT GIVES NO PROMISE, GUARANTIES, OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED), WITH RESPECT TO THE SITE, THE (WEB) APPLICATIONS, THE SERVICES OR ANY PART OF IT, CONTENTS, LINKED SERVICES OR OTHER EXTERNAL SERVICES.

THREE60 SUMMIT DOES NOT WARRANT THAT YOUR USE OF TESAPP WILL BE UNINTERRUPTED, IN TIME, SECURE OR ERROR-FREE. THREE60 SUMMIT DOES NOT WARRANT THAT DEFECTS OR BUGS WILL BE CORRECTED, OR THAT TESAPP OR ANY PART OR PARTS THEREOF, THE CONTENT OR THE SERVERS ON WHICH TESAPP IS OPERATED WILL BE FREE OF VIRUSES OR OTHER DAMAGING COMPONENTS. THREE60 SUMMIT DOES NOT WARRANT THAT TRANSMISSIONS OF CONTENT TO TESAPP IS SECURE OR THAT ELEMENTS OF TESAPP WHICH PREVENT UNAUTHORIZED ACCESS, UNAUTHORIZED DISTRIBUTION, OR UNAUTHORIZED DOWNLOADING OF CONTENTS WILL BE EFFECTIVE IN EVERY CASE, AND THREE60 SUMMIT DOES NOT ENSURE THAT  THE USE OF TESAPP IS LEGAL IN ANY PARTICULAR JURISDICTION.

THREE60 SUMMIT AND ITS SUBSIDIARIES, ITS ASSOCIATED COMPANIES, THEIR SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS EXCLUDE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OF THE ABOVE WARRANTIES AND ALL OTHER WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, INCLUDING ANY EXPRESSED OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND SUITABILITY FOR A PARTICULAR PURPOSE. IN CASE THAT THE JURISDICTION EXCLUDES DISCLAIMER OF IMPLIED OR ANY OTHER PRIOR STATED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY, INSOFAR THE RIGHT OF THIS JURISDICTION APPLIES TO THIS CONTRACT.

9. Liability and limitation of liability

IN NO EVENT UNDER THIS AGREEMENT SHALL THE TOTAL LIABILITY OF THREE60 SUMMIT EXCEED 100 EURO NOR EXCEED THE EVENTUALLY PAID AMOUNT OF YOU FOR PURCHASING ONE OF OUR SERVICES DURING THE LAST TWELVE (12) MONTHS. THREE60 SUMMIT AND ITS SUBSIDIARIES, THE EMPLOYEES, THEIR SUCCESSORS AND ASSOCIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, MANAGING EMPLOYEES AND SHAREHOLDERS CAN NOT BE HELD RESPONSIBLE FOR ANY DAMAGE INFLICTED ON PERSONS OR OBJECTS OF ANY AMOUNT AND ARE NOT RESPONSIBLE FOR THE FOLLOWING:

LOSS OR DAMAGE ARISING OUT OF THE FOLLOWING REASONS:

(1) IF THE USER IS NOT ABLE OF ACCESSING OR USING TESAPP OR ANY SINGLE PART OR A COMBINATION OF PARTS OF IT. OR IF THE USER IS NOT ABLE TO ACCESS CONTENT OR EXTERNAL SERVICES VIA TESAPP,

(2) CHANGES BY THREE60 SUMMIT ON THE TESAPP SERVICES OR A PARTS OF THEM, INCLUDING TEMPORARY ADMISSION OR TEMPORARY DISMISSAL OR TERMINATION OF TESAPP, ITS APPLICATIONS OR CONTENT IN ALL AREAS OR FROM ALL ZONES,

(3) AGAINST USERS OF THIRD PARTIES FOR ANY BREACH OF THEIR THIRD PARTY RIGHTS REGARDING THE CONTENT OF THE USER OR THE USE OF TESAPP THROUGH THE USER OR IN THE INVESTIGATION OF THREE60 SUMMIT OR A CORRESPONDING AUTHORITY WITH INITIATED LEGAL STEPS, REGARDING THE USE OF TESAPP BY THE USER,

(4) FAILURE OR OMISSION IN TECHNICAL OPERATIONS OF TESAPP OR DUE TO IMPROPERITY OR MISSING OF TECHNICAL MECHANISMS OR CONTENT OR ANY INFORMATION CONNECTED TO THE CONTENT;

(5) IF TESAPP IS GIVEN INCORRECT OR INCOMPLETE INFORMATION BY THE USER OR IF THE USER DOES NOT SUFFICIENTLY KEEP SAFE HIS USERNAME OR PASSWORD,

(6) IF MEASUREMENT OF ANY (WEB-) APPLICATION WILL DEVIATE FROM ACTUAL VALUES, AS THEY DO NOT REFLECT ANY OFFICIAL OR STANDARDIZED MEASUREMENT AND ALL VALUES MAY VARY AND ARE SUBJECT TO CHANGE DEPENDING ON DIFFERENT CONDITIONS,

(7) MISCONDUCT BY THE USER, IN PARTICULAR THROUGH UNAUTHORIZED USE OF TESAPP AND THE (WEB-) APPLICATIONS DURING DRIVING OR IN ANY OTHER NON LAW COMPLIANT WAY OR IN A TRAFFIC HAZARD USAGE OR BY CHECKING THE DISPLAY WHILE DRIVING,

(8) MISCONDUCT BY THE USER AND OTHER USERS OR THIRD PARTIES USING TESAPP, ESPECIALLY IF THESE THIRD PARTIES VIOLATE AGAINST THE CONTRACT,

(A) LOSS OF, OR DAMAGE TO THE COMPUTER HARDWARE OR SOFTWARE, LOSS OF DATA (INCLUDING CONTENT OF THE USER) OR LOSS OR DAMAGE FOR A SECURITY GAP AND / OR

(B) LOSS OR DAMAGE TO THE VEHICLE AND THE CAR HARDWARE OR SOFTWARE AND / OR

(C) LOST PROFIT OR LOSS OF THE USER, WHICH IS AN UNPREDICTABLE CONSEQUENCE OF AN INFRINGEMENT BY THREE60 SUMMIT AGAINST THESE TERMS OF SERVICE. LOSSES MAY BE FORESEEABLE IF THE USER AND THREE60 SUMMIT MAY CONSIDER THEM, DURING AGREEING TO THESE TERMS OF USE, AND THEREFORE IT INCLUDES NO INDIRECT LOSSES, SUCH AS LOST OPPORTUNITIES. THREE60 SUMMIT MUST BE INFORMED BY THE USER OF ANY CLAIM OR CLAIM ARISING OUT OF OR RELATING TO THE USE OF TESAPP AS SOON AS POSSIBLE.

THESE TERMS AND CONDITIONS ALSO EXCLUDE THE LIABILITY OF THREE60 SUMMIT, ITS SUBSIDIARIES, ITS AFFILIATES, ANY SUBSEQUENT, ASSIGNMENT RECEIVERS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND / OR SHAREHOLDERS, PARTICULARLY IN THE EVENT OF INJURY OF PERSONS AND DEATH, WHICH IS CAUSED BY UNAUTHORIZED USE OF TESAPP AND / OR THE WEB APPLICATIONS DURING DRIVING OR CAUSED IN THE EVENT OF NON LEGAL CONDITIONS OF USAGE OR CAUSED THROUGH TRAFFIC HAZARDOUS WAYS OF USAGE, AND CAUSED BY USING TESAPP AGAINST THE OBLIGATIONS DEFINED IN CLAUSE NUMBER 5 OF THIS CONTRACT „SPECIAL OBLIGATION OF THE USER TO ENSURE SAFETY DURING USE“.

ACCORDING TO APPLICABLE LAW, THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, FOR COSTS INCURRED BY FULFILLING THE CONTRACT, OR FOR CONSEQUENTIAL DAMAGES, MAY NOT ALLOW THE APPLICATION OF ABOVE MENTIONED LIMITATIONS OR EXCLUSIONS FOR THE RESPECTIVE USER. IN SUCH CASES, THE USER ACKNOWLEDGES AND AGREES THAT THESE LIMITATIONS AND EXCLUSIONS REPRESENT AN APPROPRIATE AND EQUITABLE DISTRIBUTION OF THE RISK BETWEEN THE USER AND THREE60 SUMMIT, AND REPRESENT BASIC COMPONENTS OF TRADE BETWEEN THE USER AND THREE60 SUMMIT, AND THAT THE LIABILITY OF THREE60 SUMMIT SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THESE TERMS AND CONDITIONS LIMIT THE LIABILITY OF THREE60 SUMMIT, ITS SUBSIDIARIES, ITS AFFILIATES, ANY SUBSEQUENT, ASSIGNMENT RECEIVERS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND / OR SHAREHOLDERS NOT, NOR DO THE EXCLUDE THEM IN THE FOLLOWING CASES: (I) IN THE EVENT OF FRAUD OR DELUTION, (II) DAMAGE CAUSED BY INTENTIONAL OR GROSS NEGLIGENCE, OR (III) DUE TO ANY LIABILITY WHICH CAN NOT BE LIMITED OR DISCLAIMED BY APPLICABLE LAW.

10. Exemption

The User agrees to indemnify Three60 Summit against all claims, liabilities, damages, losses, expenses and costs, including reasonable attorney fees, for any of the following reasons:

(1) a breach by the user of these Terms of Use,

(2) a third party’s claim for copyright infringement or infringement of other intellectual property rights or privacy as a result of the user’s content being displayed in the (web) applications and / or made available to other users of TesApp and / or or the use of thIS content by other users of TesApp or by linked services in accordance with these Terms of Use and the conditions set by the user with regard to the processing and sharing of user content,

(3) an activity related to the user’s account, either by the user or any other person who accesses the user account with or without the user’s consent, unless such activity has been caused by any act or omission of Three60 Summit.

11. Changes to TesApp websites and (web) applications, accounts and pricing

(1) Three60 Summit reserves the right, at any time and for any reason whatsoever, to temporarily or permanently close, suspend, terminate or discontinue the provision of access to TesApp, whether in whole or in part or individual areas. In the event of a temporary or permanent suspension, interruption, termination or discontinuing of access, Three60 Summit will make reasonable efforts to notify registered users in advance of such decision.

(2) User hereby agrees that Three60 Summit and its subsidiaries, its affiliates, successors, assigns, employees, agents, directors, officers, and shareholders are not liable to the user or third parties, if it makes changes or modifications to the Site (Web-) Applications and / or Services if it maeks decisions to block, suspend or discontinue the Website, the Services or any part thereof, or for the decisions that the user may or may not access from any area or territory.

(3) Three60 Summit may change the features of each account type, withdraw features, products or account types at any time and for any reason, or introduce new features, products or account types, and may change the prices charged for their subscriptions and premium packages respectively. In the event of a price increase or a significant reduction in the features of a user-purchased subscription or premium package, the user will be notified of such change(s) and it will only be effective in respect of the subsequent renewal of users subscription(s). In all other cases where Three60 Summit plans to make changes to a subscription type purchased by the user and these changes are material and detrimental, Three60 Summit will notify the user of the proposed changes by posting a message to its TesApp account and / or e-mail to the then current e-mail address, which we have for the user account, at least four (4) weeks in advance. The user is not obliged to continue to use the service after such notification; however, if the user does not close his or her account as described in Section 12 („Termination“) during this four-week period, then further use of the account by the user after the expiration of this four-week period constitutes the user’s consent to the changes of its subscription.

12. Termination

(1) The information on run time and termination of subscriptions of premium packages can be viewed in the settings of the TesApp (web) application. Basically, the run time of premium packages starts after booking on the TesApp websites or in the (web) applications. The respective run time is derived from the run time model associated with the premium package (details coming soon). The premium package can be canceled by the customer properly before the end of the run time. If the premium package is not terminated in time for the end of the run time, it automatically renews with the same run time as in prior period. In the event of an ordinary termination prior to the end of the run time, the customer will continue to be granted access to the premium package and its functions until the end of the run time.

(2) The termination of a premium package can be done by the user independently in the setting of the TesApp (web) application.

(3) The user can terminate this contract at any time by sending a text message to Three60 Summit UG, c/o Dr. Lukas Steinbacher, Winzererstr. 32, 80797 Munich, and after confirming this termination we will remove all its content from his account or deleting his account and then stop access to TesApp. If the user has a subscription and terminates this agreement prior to the expiration of this subscription, Three60 Summit may not offer the user a refund for the unexpired subscription period of the user.

(4) Three60 Summit may suspend user’s access to the (web) applications at any time and / or terminate this agreement at any time, if (i) user breaches any clause of these Terms of Use, including but not limited to the provisions of the preceding sections; Three60 Summit, at its sole discretion decides to discontinue access to TesApp in the jurisdiction in which the user resides or from which the user attempts to access TesApp, or (iii) in other reasonable circumstances, who can be set by Three60 Summit. If the user has a subscription and his account has been suspended or closed by Three60 Summit in accordance with (i) above, the user shall not be entitled to get a refund for a not expired run time of the user subscription. If the user’s account has been closed due to (ii) or (iii), refunds may be made at an equitable discretion by Three60 Summit.

(5) Once user’s account has been closed, all content remaining in user’s account or belonging to an activity associated with the user account (e.g. data related to the distribution or consumption of (web) application content) will get deleted. We are required or permitted to retain such Content, data or information for a specified period of time in accordance with applicable laws and regulations and / or protect our legitimate business interests (see also our Privacy Policy: www.Tes.App/privacy). We encourage users to save any uploaded information and make backup copies of it before the user closes his account, as Three60 Summit assumes no liability for material that has been permanently deleted after the user’s account has been closed. Three60 Summit can not provide the user with any .csv or other similar data file associated with the activity associated with the user account upon closure or termination.

(6) If the user wants to delete his account, he must do so on the account page in the settings on the TesApp website or in the (web) application settings. The regulations of these Terms of Use, which by their nature are intended to survive termination or termination of this Agreement, shall survive the termination of this Agreement, including but not limited to Warranty, Liability and Limitation of Liability, Indemnity, Termination, Assignment to a Third Party, Severability Clause, Entire Agreement, Third Party Rights, Applicable Law and Jurisdiction.

13. Changes of these Terms and Conditions and services

These terms and conditions can be changed as far as this is necessary to adapt to developments that were not foreseeable at the conclusion of the contract. In particular, adjustments may be made to the regulations governing the nature and extent of the contractually agreed services and the term of the contract, including termination and use. Furthermore, these general terms and conditions can be adjusted as far as this is necessary for the elimination of significant difficulties in the implementation of the contract due to regulatory gaps arising after the conclusion of the contract. This may in particular be the case if the case-law on the validity of provisions of these General Terms and Conditions changes, e.g. if a provision is declared ineffective by the case law or if a change in the law leads to its ineffectiveness.

In the event of significant changes to these Terms and Conditions, Three60 Summit will notify the customer in writing of the changes at least four (4) weeks prior to their intended date of effectiveness. In the case of changes that are not exclusively in his favor, the customer has the right to object to the changes in text form (e.g. by letter or e-mail) prior they become effective. The customer will be made aware of this in the change notification. The valid terms and conditions can be viewed on the TesApp websites before each use.

14. Assignment to third parties

Three60 Summit may assign, in whole or in part, any of its rights and, where permitted by law, its obligations under this agreement to any third party, in particular any natural or legal person, all or substantially all of the assets, or all or substantially all of them to the entire business Three60 Summit acquires. Users may not assign this agreement or the rights and obligations under this agreement to any third party, in whole or in part, without the prior written consent of Three60 Summit.

15. Severability clause

Should one or more of the provisions of these Terms of Use be unlawful, void or unenforceable, then such provision(s) shall be deemed severable and shall not affect / affect the validity and / or enforceability of the remaining provisions of the Terms of Use, which are fully effective and remain in force.

16. Entire agreement

These Terms of Use, along with the Privacy Policy (www.Tes.App/privacy) constitute the entire agreement between the user and Three60 Summit with respect to its use of TesApp and superseding any prior agreement between the user and Three60 Summit. Verbal agreements are therefore ineffective. Deviating or supplementary conditions as well as changes of this contract including this written form clause are only valid, if they are agreed in writing between Three60 Summit and the user and marked as modification or supplement.

17. Third party rights

These Terms of Use do not intend to confer rights on anyone other than the user and Three60 Summit. This shall not affect the right of Three60 Summit to transfer its rights and obligations to a third party in accordance with the section „Assignment to third parties“.

18. Applicable law and jurisdiction

Unless otherwise required by mandatory law of the United States of America or of a Member State of the European Union,

(1) this Agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and to the exclusion of conflict of laws principles (international private law) and

(2) user and Three60 Summit hereby agree to submit to the exclusive jurisdiction of the courts in Munich to settle disputes, lawsuits or legal proceedings arising in connection with this agreement.

The foregoing provisions of this section „Applicable law and jurisdiction“ shall not apply to an legal action in which Three60 Summit invokes an equitable legal remedy of any kind whatsoever. User acknowledges that in the event of a breach of this agreement by Three60 Summit or any third party, the user may not be entitled to claim for injunctive relief or other equitable relief against Three60 Summit, including with respect to the user’s content, and the user’s sole remedy for damages is subject to the limitations of liability set forth in these Terms of Use.