Terms of Service ("Terms")

Last updated: 13th of april 2016.

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://first2nd.com website (the "Service") operated by First2nd - SaaS Ventures Maik Kuntze ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Termination clause for websites that do not have accounts.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Account Terms

When signing up, the managing director of the company you are signing up with will be bound to these terms and conditions, you warrant, that the managing director of the company you are signing up for has read and understood these terms and conditions, and that you have his or her full authority to sign up for the Service. The person signing up for the Service will per default be the Account Admin and the contracting party. The Account Admin ensures and warrants to have the authority to add new users and also Admins to the Account. The email you provide will be used by us as the primary communication method for the account you are signing up for. You must not transmit any code of a destructive nature. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide the full name of the agency, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like. You are responsible for maintaining the security of your account and password. First2nd - SaaS Ventures Maik Kuntze cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). One person or legal entity may not maintain more than one free account. A violation of any term in the Terms of Service as determined in the sole discretion of First2nd - SaaS Ventures Maik Kuntze will result in an immediate termination of the Service for your account. We must not provide any reason nor contact you before terminating the service for your account in any case.

Payment, Refunds, Upgrading and Downgrading Terms

Your Company can fully utilize the free trial period to examine all features of the Service. If you need more time beyond the free trial period, contact First2nd - SaaS Ventures Maik Kuntze at admin@first2nd.com and tell us why. We reserve the right to refuse or approve the extension request. After the free trial period has ended, your Company may choose to terminate the account or continue on a paying account. Once your account is converted to a paying account, your free trial period is over. You will be billed for your first month immediately upon conversion. The Service is billed in advance on a monthly or yearly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For other reasons not mentioned above, then refunds will be given at our sole discretion. The available plans which you can upgrade to are calculated based on the number of users created and existent under your account on the day of the payment. Users whose records have been marked in the system as archived or as deleted do not count towards the accounts users total. Monthly and yearly bills are payable in full on the day immediately following the end date of your current subscription. The default duedate for each invoice is 14 days after creation. If we do not receive payment on the due date, the system will automatically send a reminder 5 days after the due date. If we do not receive any payment in the 10 days after, the system will automatically send a second reminder. If we do not receive any payment in the 5 days after your account will be automatically locked. Users under the account will not be able to log-in until the outstanding payment is received in full. If the full outstanding payment is not received within 50 days after the due date, then your account and all data contained within will be deleted. During the 20 days it takes to remind and wait for the payment, the account will remain accessible as normal. You can cancel at any time. No further payments are required from you upon account cancellation. The account will remain accessible for any further months which have already been paid. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. First2nd - SaaS Ventures Maik Kuntze does not accept any liability for such loss.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Technical support is only provided to paying account holders and is only available via email. You understand that First2nd - SaaS Ventures Maik Kuntze uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, First2nd - SaaS Ventures Maik Kuntze, or any other First2nd - SaaS Ventures Maik Kuntze service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by First2nd - SaaS Ventures Maik Kuntze. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any First2nd - SaaS Ventures Maik Kuntze customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage exceeds 10 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by First2nd - SaaS Ventures Maik Kuntze) of other First2nd - SaaS Ventures Maik Kuntze customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

Our Rights

We reserve the right to refuse or remove any Account Content that is available via the Service with or without any reason. We do not and cannot make any promises of exclusivity. Our Services may be used by your competitors. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. we retain the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, First2nd - SaaS Ventures Maik Kuntze reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. First2nd - SaaS Ventures Maik Kuntze does not pre-screen Content, but First2nd - SaaS Ventures Maik Kuntze and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. The look and feel of the Service is © 2015 - 2020. All rights reserved. You may not reproduce, duplicate, copy, reuse, sell, resell or exploit any portion of the Text, HTML/CSS, Javascript or visual design elements without express written permission from First2nd - SaaS Ventures Maik Kuntze. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use first2nd or First2nd trademarks and/or variations and misspellings thereof.

Data Protection

Customer consents to First2nd - SaaS Ventures Maik Kuntze acting as Data Processor of any Customer Data which is Personal Data. Where acting as Data Processor, First2nd - SaaS Ventures Maik Kuntze will: (a) process such Personal Data only on Customer’s instructions and only to the extent necessary for the performance of First2nd - SaaS Ventures Maik Kuntze’s obligations pursuant to this Agreement; (b) not disclose such Personal Data to any person except as required by the DP Act Germany, permitted by this Agreement or with Customer’s prior written consent; and (c) implement appropriate technical and organisational measures to protect such Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing. By submitting any Customer Data which is Personal Data to the Service, Customer acts as Data Controller and shall have sole responsibility for the accuracy, quality, integrity, legality and reliability of such Personal Data and of the means by which it acquired such Personal Data. Where First2nd - SaaS Ventures Maik Kuntze processes Personal Data on Customer’s and/or its client’s behalf and in accordance with Customer instructions, Customer undertakes that it shall have all permissions necessary to do so from the Data Controller and/or Data Subject and that First2nd - SaaS Ventures Maik Kuntze’s processing will not be in breach of the DP Act Germany. You acknowledge and agree that your use of the Service, including information transmitted to or stored by us, is governed by it’s privacy policy.

Limitation of Liability

First2nd - SaaS Ventures Maik Kuntze does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. You expressly understand and agree that First2nd - SaaS Ventures Maik Kuntze shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if First2nd - SaaS Ventures Maik Kuntze has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

Governing Law and Waiver

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

First2nd - SaaS Ventures Maik Kuntze reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly and yearly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the first2nd site. first2nd - SaaS Ventures Maik Kuntze shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. We reserve the right to modify the Service for any reason, without notice at any time. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 7 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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