Terms & Conditions
Last edited: 22.03.2015, Zuletztgeändert am 22.03.2015 Deutsche Version im Anschluss
Terms of Service for “Tandem”
Tandem at a Glance
Tandem (hereinafter “the Service”) is a service provided by Fame Labs UG (haftungsbeschränkt) (hereinafter “Provider”) offering the possibility to organize, synchronize and share email folders(labels) with selected people.
The key element of the Service is that users can share email folders with each other. This means that you can invite other users to see your emails stored inside those folders. Likewise, you will be able to see the emails from other users stored in the shared folders. The Service is not meant for backups and data storage.
This services require a subscription or a one-time payment as published on the Service’s website or while purchasing the respective features within the Service. However, you will never be charged by Provider unless you have explicitly purchased a Service which is clearly marked as being payable.
You may have to make payments to third parties: Data may be transferred between you and the servers of Provider or between you and other participants. All this creates traffic for which you might have to pay your Internet service provider and/or mobile carrier. You are solely responsible for ensuring the internet/mobile phone access necessary to enjoy the Service.
Using the Service will require your prior registration with your email address and password. If you wish to use your Gmail account with the Service, you may grant Tandem an access token to your Gmail account. Provider offers registration through the respective website for the Service. Any use of the Service offered by Provider is subject to these Terms of Service (“ToS”), whether you are registered or not.
Shared Content, such as text, pictures and other graphics, videos or sounds, must not be illegal, offensive or infringing upon third parties’ rights. The Provider will have no direct access to this Shared Content and thus will not be able to control it.
Please be aware that the right to use the Service is not a real “good” or “property” as defined by law. In case you are “buying” the Service from Provider, you do not become the owner of the Service, but the “seller” grants you a limited license to use the Service, subject especially to these ToS, irrespective of the terminology used. Notwithstanding any other stipulations and rights of Provider, such license ends when the contract between you and Provider ends, especially upon termination.
Getting started: Registration and Accepting the Terms of Service
(1) In order to use the Service, you have to become a registered user (“User”) and open an account (“Account”). You have to register on the website with your email address and the corresponding password. If you wish to use your Gmail account with the Service, you may grant Tandem an access token to your Gmail account. This is a binding offer to enter into a contract over the usage of the Service (“Membership Offer”). Any statement you submit through the registration form must be complete and correct. Your email address and the corresponding password is saved and encrypted by Provider and is only used to operate the Service.
(2) The contract between you and Provider is concluded when Provider accepts the Membership Offer, either by declaring acceptance explicitly, or otherwise by commencing to fulfil. You only become a Member once Provider has accepted your Membership Offer and created an Account for you. Provider can decide in its sole discretion whether or not to accept your Membership Offer and to create an Account for you. Once your Account has been created, you may use the Service by logging in.
(3) By submitting the Membership Offer and using the Service, you accept these ToS as binding. Each log-in to the Services is subject to these ToS. The ToS are provided on the website https://tandem.cc/terms-conditions/ and can be printed or saved on storage media before sending the Membership Offer. Please be aware that any Terms and Conditions by you or any other User of the Service do not become part of the contract between you and Provider unless Provider has accepted them in a written form. An implied acceptance of Terms and Conditions of you or any other User is excluded.
(4) You do not have to be of legal age to become a User. However, if you are not yet of legal age, you must first get your legal representatives’ consent before you sign up for the Service. If you do not have your legal representatives’ consent, you are not allowed to become a User by signing-up for the Service. You expressly declare that you either are of legal age or have your legal representatives’ consent. Provider may require you to prove your Legal representatives have consented by asking you to send a written note of this consent to Provider.
Access, System Requirements, Availability
(1) The Service can be configured through any web browser on the Provider’s website. All folders created for Shared Content will then automatically be displayed in any third party email program that supports email folders (e.g. most versions of Outlook, Thunderbird, etc.). You may setup the Service through any website provided by Provider or solely with tools specifically approved by Provider. Always remember to test the functionality of the Service after every change to your individual software configuration before you rely on the Service to share important emails. The sharing and synchronizing of the created folders is server based and does not require any special software from Provider. This means that the functionality of the Service depends heavily on the proper functioning of your email provider’s server and of you email client software.
(2) Provider offers the possibility to use the Service over the Internet and/or mobile networks. However, please note there are a few technical and commercial limitations as outlined below.
(3) Technical and other requirements for the use of the Service (“Specifications”) are outlined on the respective websites or within the Service. As several hardware and software components which may affect the functioning of the Service, such as the setup and configuration of the operation system, hardware drivers, the firmware of the mobile device, the used email clients and even the involved email providers, are numerous and subject to change beyond Provider’s knowledge or control, such Specifications cannot be accurate and complete at all times. You should never rely on the Specifications as listed on the website when purchasing new software, hardware or a mobile device. When in doubt you may seek prior advice on compatibility by asking the Provider’s support or by asking other Users who are using the same component, or by contacting such component’s manufacturer or retailer. Provider does not assume any liability for such third party advice. Provider will use commercially reasonable efforts to answer specific questions with regard to compatibility. Provider does not provide or install any other software which may be required on your local computer or mobile device, such as the operating system, email software or hardware drivers, if applicable. It is your responsibility to maintain the computer and mobile device in a state, which enables the use of the Service. Provider therefore does not provide technical support for the installation of software required on your local computer or mobile device.
(4) Provider undertakes to assure an availability of the Service of 99.5 % (ninety-nine point five) as a yearly average. Periods during which Provider’s Servers are not available over public networks such as the internet because of technical or other problems outside Provider’s influence (such as force majeure or third party’s fault) and periods during which routine maintenance works are carried out are excluded from this. The liability of Provider for an unavailability of the Service due to intentional or gross negligent behaviour remains unaffected. Provider may restrict access to the Service if and when required for network security, maintenance of network integrity, especially the prevention of severe malfunction of the network, the software or stored data.
Updates, Changes, Bugs
(1) Unless otherwise provided for in these ToS, the Service is offered to you on an “AS IS” basis.
(2) Provider may update, adapt, extend and change the Service at any time, aiming to maintain the best experience when using the Service for a maximum of Users. The Provider will not change the purpose of the Service. Provider will only try to improve the usability while expanding or at least keeping the same functional scope. Please note that Provider may do so in its sole discretion and without prior notice. Provider grants you access to the Services in the current version only. You cannot claim that a given state or functional range of the Services are maintained or achieved. You acknowledge and agree that the Services, as any other software, can never be completely free of bugs. Therefore, the Services can only be considered to be defective if the usability is affected severely and ongoing.
(3) The Service may be updated from time to time. Some of these updates may improve certain elements of the Service. All updates are compulsory and you have to accept them in order to continue to use the Services, because the Service is a connected service and requires that some of the elements are the same for all Users of the Service. The updates will be performed by the Provider.
(4) To help Provider provide the best possible Service, please document any faults of the Services which you become aware of, and report them in written form along with a log of the error messages displayed. Before reporting a potential bug, please consult the instruction and other troubleshooting tools provided by Provider (especially frequently asked question lists, forums and boards for troubleshooting) and use your best effort to support Provider in any attempts to debug.
(5) If you are Entrepreneur according to Sec 14 German Civil Code you will notify Provider of any faults without undue delay upon discovery in written form. Apparent faults of goods have to be reported to Provider within two weeks upon receipt. To comply with this deadline, it is sufficient that the report is sent in time. If no notice has been given within this deadline, all claims based on such defects shall forfeit. You are advised to submit such reports in written form (facsimile, letter or email) to Provider.
(1) The Services offers you the possibility to share your emails and any attachments (“Shared Content”) with other Users. Such Shared Content may include your name or other information about you as well as videos, pictures, sounds or content of other users or third parties. Please consider very carefully what you choose to share and with whom you want to share it. Provider takes no responsibility for any damages resulting from any accidental or ill-advised sharing of content. Please note that by sharing such Shared Content you may violate copyright or other legal provisions. You are solely responsible and liable for your use of any Shared Content and for the violation of any such rights. Provider has no authorized access to the Shared Content and does neither endorse nor approve the content shared by the Users. Because of different reasons (technical and legal) it is not permitted for Provider to access and control the Shared Content. Provider disclaims of any liability or warranty with respect to content shared by Users, especially their accuracy, completeness, and reliability.
(2) You retain full ownership to your emails and attachments. The Provider does not claim ownership to any of this. These terms only grant Provider the necessary rights to use your emails to operate the Service. This may involve hosting and sharing of your Shared Content according to this Agreement. Provider also needs to scan incoming emails mechanically in order to directly sort them (e.g. replies to shared emails) into the designated folders. It also involves allowing the provider to collect meta data of your emails to make suggestions which folders you might want to create. You give Provider the permission to provide these services for you. This permission also extends to third parties Provider works with to provide the Service.
(3) You will be solely responsible to obtain all permits and licenses you may require from third parties to share content on the Service, for example to use copyright or trademark protected material.
(4) In case of doubt, you shall promptly remove any Shared Content and discontinue any action, to which Provider has objected.
(5) Shared Content which is not suitable for this Service is for example content which falls in one of the following categories:
- Intrusion into the privacy or property of third parties.
- Infringement of third party rights (for example by using trademarks, names, pictures, videos, music, games, computer programs, or other protected material).
- Infringement of any other applicable laws and other legal rules (for example with regard to youth protection, data protection, protection of personality rights and protection against insults, false or misleading information, promotion of or instructions for illegal activities).
- Content or actions of racist, threatening, obscene, defaming, political extremist, religious, violent, sexist nature or which are otherwise harmful to underage persons.
(6) In case of repeated infringements of the aforementioned prohibitions despite warning notice Provider may exclude you from the possibility to share content and/or terminate your membership with immediate effect. Provider reserves to exercise its further rights, especially to claim damages.
(7) You shall inform Provider in case you learn about an abuse of the Services by other Users or third persons, such as making accessible or sending content or performing actions violating Section 10.8 and 10.9. To ensure effective measures, Provider requests such information in written form (e.g. email).
(8) Your membership is only a license to use the Service, regardless of intellectual property rights you may have in Shared Content you create or otherwise own and which may be stored in the created and shared folders. This means that while you hold all intellectual property in your Shared Content and can use it outside of the Service at your sole discretion, you do not own your Account.
(9) Provider will not grant any third party access to your Account or Shared Content without your prior permission, unless Provider is forced by law or legally binding court decision to grant public authorities access to your Account or Shared Content.
Your obligations, Prohibitions
(1) Your principal obligation is to pay the fees, in case you have purchased a version of the Service which is payable (see below Section 6). Another principal obligation of you is to correctly and completely submit all data which Provider rightfully requests upon entering into the contract, or in the course of the contractual relation with you. Therefore, when signing up, you declare that the information relating to you or other facts relevant for the contract (especially payment details) and which you provide in the Membership Offer or upon conclusion or during the course of the contractual relation are accurate, complete and correct. You will inform Provider about any changes to these information without undue delay. Upon request, you shall confirm the data to Provider. Please note, that using outdated email addresses and passwords will result in a stop of functionality of the Service, so always remember to also adjust your login data within the Service after you make any changes to your access data for your email account.
(2) You are responsible for all your actions in or related to the Service. You always have to respect all applicable legal rules, including statutory law and these ToS. You are only allowed to use the Service as set out in these ToS, independently whether this is done by you or any other person.
(3) You have to refrain from any activity which is an obstacle to the Services or which may prevent other users from being able to use the Service. Therefore, you agree to follow the instructions of Provider, its employees, assistants and vicarious agents, including administrators and moderators of the Service. In case of continued breach of the aforementioned obligations despite a reminder or severe breach (see below Section 10.8 to 10.9), Provider may cease all services and deliveries immediately and without granting a deadline, and terminate the contract with immediate effect.
(4) You are not allowed to decompile or reverse engineer the Service without Provider’s prior consent unless this is necessary to exercise the Services or for backup purposes. If you feel you have the right to decompile the Service in order to exercise your rights under statutory law or these ToS, please contact Provider.
(5) It is strictly prohibited to alter or modify the Service with any software or tools which are not approved by Provider, as any such action potentially interferes with the Service and may severely affect other users of the Service (“prohibition of non-authorized scripts”). You must not use programs which may cause an excessive load on Provider’s servers. Software which systematically or automatically performs commands or functions within the Services (such as bots or macros) as well as software which may be used to monitor, reproduce or the Service or elements or content thereof (save for the respective User’s own content), is prohibited.
(6) You shall keep all login names and passwords etc. for the Service and your email Accounts (“Access Data”) strictly confidential. You will promptly inform Provider if you find out or suspect that an unauthorized third person is in possession of your Access Data. Please inform Provider in written form, e.g. via email. Passwords should regularly be changed for security reasons.
(7) In case Provider has reason to believe that an unauthorized third party is in possession of your Access Data to the Service, Provider may, without assuming any responsibility to do so, and always acting at its sole discretion block the respective Account within the Service to prevent damage. Provider will use reasonable efforts to inform you first. However, it is not excluded that the Account will be blocked without prior notice in case of urgency or to minimize the damage. In any event, Provider will promptly inform the rightful User and will, upon request, unblock the Account without undue delay.
(8) If a third party uses your Account after it has come into possession of your Access Data because you have not sufficiently protected your Access Data from third party access, such third party access shall be considered as an access by yourself with regards to who has acted under your account and therefore may be held liable for any contractual or other legal claims.
(9) You must not use the Account or Access Data of another user.
(10) Employees of Provider will never ask you for your password. You should never disclose your password to any third person.
Payable Features and Payment Conditions
(1) You will be charged for the services as mentioned in the Pricing details on the website. However, you will never be charged by Provider unless you have explicitly purchased a Service which is clearly marked as being payable.
(2) You may have to pay a periodical fee for some Premium Services or Premium Features (“Subscription”), other Premium Services and Premium Features may require a one-time payment only; details are communicated where you can purchase these Premium Services and Premium Features. In case you are not yet of legal age, but want to acquire Premium Services and Premium Features, you expressly declare that you dispose over the necessary monetary means or that the necessary means were disposed to you for use at your own discretion. Details on which Premium Features are offered (e.g. at which tariff, which functions and requirements they have) can be found on the Service website. Any Subscription will renew automatically if you do not cancel it according to Section 10.4.
(3) One of the main characteristics is that the Service may always change. Premium Features may therefore be added or removed and instead offered for free at any time, or features which used to be free may become Premium Features without prior notice. See Section 6.4 for information about the compensation of any disadvantages that might occur because of such changes.
(4) In case you have made payments for Premium Features for a period of time in the future in which those features are offered for free, you may terminate the subscription for this Premium Features. This gives you a right to terminate the contract regarding those Premium Features for important reason pursuant Section 10.4 to 10.7. In this event, payment for services which may already have been made to Provider for periods of time after the termination is having effect are reimbursed proportionally. You do not have any other claims against Provider.
(5) Provider can ask you for advance payment for the fees of the Premium Services or Premium Features, see Section 6.2. If the fees are based on the number of folders you are using, then the number of folders used by you on the first working day of a calendar month is decisive for the rest of the respective calendar month. These fees are due upon conclusion of the contract on the Premium Services or Premium Features or in case of periodical payments on a monthly basis, in advance for the respective calendar month, and will be collected from the bank account / debit card / credit card / mobile telephone account (“Payment Account”) submitted by you, if you are of legal age, and if you do not choose another form of payment. If you are not yet of legal age and do not own an appropriate Payment Account, you will have to consult your legal representatives so that the fees will be collected from one of their Payment Accounts, if they do not choose another form of payment.
(6) Provider may make price changes for future use of the Service or special features at any given time. Price changes to Subscriptions will be communicated with a notice period of 14 days and apply once the Subscription of properly notified Users renews. This gives you a right to terminate the contract regarding those upcoming price changes for important reason pursuant to Section 10.4 to 10.7.
(7) If you pay too late, Provider reserves the right to deactivate your Services for the duration of the delay. For the period Premium Services or Premium Features are deactivated, you do not have to pay the respective subscription fees.
(8) In case you cause reversal debits and / or cancellation fees for the cancellation of debits through your fault, or a lack of backing of your or your legal representatives’ Payment Account, you shall reimburse Provider for any such cancellation fees and costs. Provider shall have the right to debit these cancellation fees and costs, along with the original fees, from your or your legal representatives’ Payment Account.
(9) You may only offset if you have a claim against Provider which Provider has not disputed or which has been declared legally binding by Court decision. You may only withhold payment if you have a claim against Provider which has its origin in the same contractual relation. You are not entitled to assign your claims against Provider to a third party.
Provider’s Obligations and Function
(1) Provider has created the Service. Provider is responsible for operating the Service and granting Users access to the Service and where applicable Premium Features.
(2) Provider is not a party to your agreement with any third party that provides software, products or services to you in connection with the Service.
(3) Provider does not control, regulate or pre-screen Shared Content. Therefore, you may be exposed to content or actions you may find unacceptable, disgusting or despicable. Provider has only very limited control over content which is shared by its Users, so Provider cannot vouch for the quality, accuracy, morality and legality of this Shared Content. However, Provider may take appropriate actions against any Users who abuse the Service, especially by not respecting their obligations see Section 5.
(1) The Service and its temporary hosting of emails and attachments is not a data storage service. Provider is, therefore, fundamentally not responsible for lost data, lost profit or consequential damages. You acknowledge and agree that losing the possibility to continue using the Service cannot be regarded as a financial loss. The Service has also only limited use for sharing strictly confidential information. You can very easily accidently share such confidential information with the wrong recipients. This can especially happen if you allow the Service to automatically share new incoming response emails to an already shared email. Therefore Provider is not liable for any damages resulting from sharing confidential information on the Service.
(2) Provider is not liable for any damages which are caused by you as a consequence of an infringement of these ToS or the Rules. Provider is also not liable for defects caused by external influence, faulty handling, force majeure or changes or manipulations which are not carried out by Provider or the persons and entities listed in Section 8.4.
(3) Provider is not responsible for damages unless they are caused intentionally or by gross negligence.
(4) The aforementioned limitations of liability also apply for the personal liability of staff, employees, assistants, vicarious agents, contributors, representatives, organs, shareholders of Provider and their members.
(5) The aforementioned limitations of liability determined in Section 8.3 to 8.4 do not apply to the liability for personal injury of life, body, and health. They do not apply in case the damage is the result of a breach of an essential contractual obligation or in case of the adoption of a guarantee of quality or durability as defined in Sec. 443 of the German Civil Code. Provider remains responsible for product liability and according to Section 44 a TKG.
(6) Essential contract obligations, also known as primary obligations as defined by established case law, refers to obligations that initially enable performance of the contract and on whose performance the counterparty thus relies and may rely. The obligation to pay compensation for breaches of essential contract obligations is limited to the foreseeable damage except in cases of wilful misconduct or gross negligence, in case of injury to life, body or health, where a guarantee of quality or durability has been assumed or where product liability laws apply. If you are Consumer the damage which can be foreseen is limited to EUR 25,00 per User.
(7) Provider distances itself explicitly from the contents of any sites to which there are direct or indirect links from Provider’s sites. Provider does not assume any responsibility for these contents and sites. The providers of the respective sites are responsible for their content.
(8) Provider does not assume any guarantee of quality or durability as defined in Sec. 443 of the German Civil Code.
(9) Provider is not liable for any damages resulting from malicious software (e.g. viruses, malware) which is spread by Users through the Service by sharing infected User emails and attachments. The sharing of emails may circumvent any anti-virus or anti-spam software running on the providers server, so the Users are responsible by themselves to ensure a secure use of the Service, e.g. by installing anti-virus software on their computers and updating the used operations systems and email clients on a regular basis. The Provider is not able to and therefore will not scan any shared emails for malicious content.
Malicious Code, Unauthorized Use by Third Parties
(1) While Provider protects its systems against viruses and other malicious codes, as you might know from your own experiences, virus infections and malicious code can never be completely ruled out. It is your own responsibility to protect all data stored on your computer and mobile device against unauthorized access, and against data loss. Measures such as encoding of confidential information, using a different partition of the hard disk or another hard disk for confidential information, and regularly backing up valuable data can help you protect your data. Please be aware of the fact, that sharing emails may circumvent some of the security measures installed by your email provider.
(2) You should never rely on the Service or your email provider to store valuable data, but rather keep local backups of all valuable information you may use through the Service.
(3) It cannot be prevented that unauthorized third parties can send emails under the name of Provider, without Provider’s knowledge or consent, and such emails may contain viruses, spyware or links to websites which, in turn, contain viruses, spyware, or other malicious code. You are therefore advised to check all incoming mails sent by or under the name of Provider, or other Users, for viruses and malicious code before opening them.
(4) Be aware of the risk that shared emails from other Users may contain viruses, trojans or other malicious code. You should in your own interest treat those shared emails with the same caution as any other email you are receiving. Provider does not scan the shared emails for viruses or other malicious code.
Term and Termination
(1) The Term of the Agreement is the term of the usage license you have purchased from the Provider.
(2) Any contracts between you and Provider (including Subscriptions) are entered into for an unlimited period of time, unless otherwise provided for in the offer.
(3) Each party has the right to terminate the contract at any time with immediate effect, if no limitation of the period of the contract has been agreed upon.
(4) In case the contract or a part of it has been agreed upon for a limited period of time (cf. Section 6.2 for Subscriptions), the contract automatically renews for the same period of time unless the Subscription or the contract has been terminated in time with a period of 14 days, effective upon the end of the term. No reasons have to be given for such termination.
(5) Both you and Provider remain free to terminate the contract for good cause at any time.
(6) In case you terminate the contract for a good cause Provider is responsible for, you will be refunded for any payments you have made for the period after the termination becomes effective. You do not have any other claims, unless otherwise provided in these ToS.
(7) In the event you have been notified about a right to terminate the contract for important reason because of upcoming changes to the Service and you had the possibility to read this notification and did not terminate the contract latest with effect on the date of implementation of the changes, but continue to use the Service, you may no longer terminate the subscription with immediate effect based on the upcoming changes. Any other termination rights provided in these ToS remain unaffected.
(8) Provider may terminate the contract especially for, but not limited to, the following reasons:
- You are late in paying fees of at least the amount of a monthly subscription for the chosen Premium Features, despite two reminders
- You culpably breach any legal rule, these ToS, or the Rules, and such breach remains uncured despite written notice; a written notice is not required in case of a severe contravention, i.e. when it would be unreasonable or inacceptable for Provider that Provider remains bound by the contract
- If you have not subscribed to any payable services or Premium Features and you have not used the Service with your Account for twelve months despite a reminder with a reasonable grace period to reuse the Service with your Account
(9) Cases in which it would be unreasonable that Provider remains bound by the contract generally include:
- You violate criminal law
- You violate the Prohibition of Non-Authorized Scripts, see Section 5.5 above
- You provide incorrect information upon registration, see Section 1.1 or when purchasing or paying for Premium Services or Premium Features see Section 6
- Your further participation is likely to cause harm to the Service, Provider, another User or any third person.
(10) In case Provider rightfully declares the termination for important reason, Provider is entitled to claim 75 % percent of all fees which you possibly would have had to pay for the remainder of the term. You remain free to prove that no or only substantially lower damages were suffered.
(11) The termination has to be declared in written form. Email is sufficient.
Changes to these Terms of Service and Communication
(1) Sometimes Provider may make changes to the ToS for the Service for the future, if this should prove necessary (especially in order to reflect changes in the Service or which are beyond Provider’s control or changes in the legal framework for the Service, such as new legislation or case-law) and if you are not disadvantaged contrary to good faith. Provider may also make changes to the ToS in case new features or services introduced to the Service require to adapt the legal framework.
(2) Provider will notify you of these changes of the ToS in appropriate text form. For example, Provider will notify you on the website of the Services or via email.
(3) If you do not agree to the changes of the ToS made by Provider, you can contradict the changes of the ToS after the information relating to the notification of the changes and the possibility to take notice of such information within a time period of two weeks following receipt of the information. It is recommended to you to submit your contradiction in writing (for example via email) to Provider for evidence reasons.
(4) The changes of the ToS become binding on you in the event that you do not contradict within the above-mentioned time period or if you continue to use the Service without having contradicted to the changes of the ToS.
(5) Provider will inform you about the possibility to contradict and the legal consequences, especially the legal consequences of a lack of contradiction when notifying you about the changes of the ToS.
(6) If you contradict in time, each party (i.e. you and Provider) may terminate the contract with one month prior notice unless termination is possible at any time according to Section 10. Until termination, the ToS in their former version will govern your relationship with Provider. In this event, payments for services which may already have been made to Provider for periods of time after the termination is having effect are reimbursed proportionally. You do not have any other claims against Provider.
(7) Unless otherwise provided in these ToS or other agreements with you, Provider will usually communicate with you via email. You shall make sure that you receive all emails sent by Provider to the address you have submitted to Provider in the Membership Offer, or at a later date. You will especially configure the spam filter accordingly and regularly check all incoming mail under this address. Provider may choose any other appropriate means of communication.
(1) Provider’s failure to act with respect to a breach by you or other Users does not waive Provider’s right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Provider under these ToS shall be deemed effective unless delivered in writing and signed by a duly appointed representative of Provider.
(2) Consumers as defined in Sec. 13 German Civil Code may not assign or transfer the agreement with Provider regarding the use of the Service, or any or all of your rights hereunder without the prior written consent of Provider.
(3) Section headings used in these ToS are for convenience only and shall not affect the interpretation of these ToS.
(4) Should any provision of these ToS be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
(5) Any changes, amendments or the abrogation of the contract between you and Provider require written form; the requirement of written form can only be waived in written form.
(6) The sole place of jurisdiction is Berlin, Germany. This does not apply to consumers as defined in Sec. 13 German Civil Code.
(8) The laws of the Federal Republic of Germany apply for all contracts concluded by Provider on the basis of these ToS and any claims arising thereof, and for all claims related to your use of the Service. The application of the agreement of the United Nations on contracts for international sale of goods and German International Private Law is excluded.
(9) The German version of these ToS is decisive.
Status: January 18, 2015
Note on withdrawal
Instruction on your Right to Withdraw:
If you are Consumer you can withdraw the purchase of Premium Services or Premium Features in text form (e.g. letter, telefax, email) within 14 days (Time Limit). The Time Limit starts when you have received this instruction on your right to withdraw in text form, but not before the conclusion of the contract and not before Provider has fulfilled its informational obligations under Art. 246 § 2 in connection with § 1 para. 1 and 2 EGBGB as well as its obligations under Section 312g para. 1 sentence 1 BGB in connection with Art. 246 § 3 EGBGB. It is sufficient to send the withdrawal within the Time Limit.
The withdrawal has to be addressed to:
Fame Labs UG (haftungsbeschränkt)
Brunnen Str. 193
Phone: +49 151 1077 5407
In case of a valid withdrawal, both parties have to return the Services they have received and to restitute the benefits based on the use (e.g. interests) if applicable. If you are not able to return completely the services or if you can only return them in part or only in deteriorated condition, you are obliged to pay compensation to this extent, as the case may be. This means that payments have to be provided by you for the time until you have withdrawn your Membership Offer.
Reimbursements of payments have to be made within 30 days. The time limit starts for you with sending your withdrawal, for us with receipt of your withdrawal.
Please note: The right to withdraw ends premature if the contract has been completely fulfilled by both parties upon your express demand before you have exercised your right to withdraw. This is to be assumed if you have used the Premium Services and/or Premium Features and have fully paid.
End of instruction on your Right to Withdraw
Fame Labs UG (haftungsbeschränkt)
Brunnen Str. 193
Phone: +49 151 1077 5407
HR-No. and Commercial Register: HRB 164834 B, Amtsgericht Charlottenburg
Managing Director (Geschäftsführer): Rahul Tongia
VAT ID No.: DE299199610
Nutzungsbedingungen für den Tandem Dienst
Diese Nutzungsbedingungenregeln die Verwendung des Software as a Service Internet Dienst Tandem (nachfolgend „Tandem“) zwischen Fame Labs UG (haftungsbeschränkt), Brunnen Str. 193, 10119 Berlin, Deutschland (nachfolgend “Fame Labs”), und dem Nutzer von Tandem. Fame Labs als Anbieterstellt Nutzern Tandem zur Verfügung. Mit der Nutzung von Tandem akzeptiert der teilnehmende Nutzer diese Nutzungsbedingungen. Die Nutzung von Tandem wird gestartet, indem der Nutzer sich mit seiner E-Mail Adresse und dem dazugehörigen Passwort auf der Tandem Webseite registriert.
Gegenstand von Tandem ist das Teilen von Dateien mit anderen über eine auf der IMAP Infrastruktur aufgebaute Verteilungsebene. Tandem ermöglichtes Nutzern E-Mail Ordner zu erstellen und andere in diese einzuladen. Eingeladene können, soweit sie selber registrierte Tandem Nutzer sind, auf diese Ordner und ihre Inhalte zugreifen. Die synchronisierten Dateien werden auch permanent, d.h. für den gesamten Zeitraum in dem sie den berechtigten Nutzern zugänglich sind, von Tandem gehostet. Da dies lediglich geschieht, um geteilte Inhalte schneller allen berechtigten Nutzern zugänglich zu machen ist Tandem dennoch als eine Verteilungsplattform anzusehen. Das bedeutet, Fame Labs ist nicht verantwortlich für Konsequenzen, die sich aus den Handlungen der E-Mail Provider der Nutzer ergeben. Die Nutzung von Tandem führt nicht zu einer Gegenleistung durch Fame Labs.
Der Nutzer gestattet Fame Labs den Benutzernamen und das Passwort des E-Mail Providers oder andere Account daten zu speichern. Benutzernamen und Passwort werden hierbei verschlüsselt gesichert. Der Benutzer gestattet Fame Labs auf sein Postfach mit den eingegebenen Accountdaten oder einer Zugangsberechtigung auf seine E-Mails zuzugreifen um ein bestmögliches Nutzungserlebnis zu ermöglichen.
Dies beinhaltet, aber ist nicht beschränkt auf Folgendes: E-Mails aus dem Postfach des Nutzers aus den geteilten Ordnern auszulesen und diese E-Mails anderen Personen zugänglich zu machen; E-Mails aus seinem Postfach automatisch in einen geteilten Ordner zu kopieren und anderen authorisierten Personen zugänglich zu machen, sofern sich diese auf Emails beziehen, welche ebenfalls schon in diesem geteilten Ordner vorhanden sind; zur Generierung von Ordnervorschlägen und zum Vorschlagen von Empfängern, gestattet der Benutzer seinem Daten und Metadaten aus E-Mails aus dem Postfach zu extrahieren und diese in einer Datenbank zu speichern.
Fame Labs weistdarauf hin, dass die Verfügbarkeit und Funktion der Applikation nicht gewährleistet werden kann. Die Applikation kann aufgrund von äußeren Umständen und Zwängen beendet oder entfernt werden, ohne dass hieraus Ansprüche des Nutzers gegenüber Fame Labs entstehen. Dieser Gewährleistungsausschluss beinhaltet unter anderem technische Probleme oder Änderungen in den Nutzungsbedingungen.
Für eine Haftung von Fame Labs auf Schadensersatz gelten unbeschadet der sonstigen gesetzlichen Anspruchsvoraussetzungen folgende Haftungsausschlüsse und Haftungsbegrenzungen. Fame Labs haftet unbeschränkt, soweit die Schadensursache auf Vorsatz oder grober Fahrlässigkeit beruht. Ferner haftet Fame Labs für die leicht fahrlässige Verletzung von wesentlichen Pflichten, deren Verletzung die Erreichung des Vertragszwecks gefährdet, oder für die Verletzung von Pflichten, deren Erfüllung die ordnungsgemäße Nutzung der Applikation überhaupt erst ermöglichen und auf deren Einhaltung die Vertragspartner regelmäßig vertrauen. In diesem Fall haftet Fame Labs jedoch nur für den vorhersehbaren, vertragstypischen Schaden. Fame Labs haftet nicht für die leicht fahrlässige Verletzung anderer als der in den vorstehenden Sätzen genannten Pflichten. Die vorstehenden Haftungsbeschränkungen gelten nicht bei Verletzung von Leben, Körper und Gesundheit. Soweit die Haftung von Fame Labs ausgeschlossen oder beschränkt ist, gilt dies auch für die persönliche Haftung von Arbeitnehmern, Vertretern und Erfüllungsgehilfen von Fame Labs.