TERMS OF SERVICE

Last Updated: 12.11.2021

These terms of service, along with the Privacy Policy constitute an agreement (the “Agreement”) between you (“You”) and SUPREMATIC Technology Arts GmbH, its subsidiaries, affiliates and licensors ( “We,” “Us”, “Neckar”).

Please read these Terms carefully before using our software or services. By clicking the “Sign Up” button or by using the neckar.io website, software or services (“Services”), You are agreeing to comply with and be bound by these Terms on Your behalf and, if applicable, on behalf of Your organization.

If you are using any Services on behalf of an organization or business, you are promising that you have the authority to bind that organization or business. When you use Services on behalf of that organization or company, the term “You” refers to the organization or business.

You may use these services only in compliance with the Terms. Any other use is not authorized. The Services may change over time as we improve our Services. We may stop, suspend, or modify the Services at any time without prior notice to You. We may also remove any content from our Services at our discretion.

If You do not agree to these Terms, then please do not click the button indicating Your acceptance and do not use the Services.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected thereby.

YOUR ACCOUNT AND SECURITY

You must register with Neckar to use the Services. When You register, You will be asked to create an account (“Your Account”). You agree to provide Neckar with accurate and complete information when You create Your Account (“Account Information”). You also agree to update Your Account Information promptly should Your information change.

When You create Your Account, You will be asked to choose a username and password or you can choose a social login option instead of creating a new login account specifically for our Services. You will use these credentials to access the Services and any data associated with your Account or that You store with Neckar (“Your Data”).

We want your account to be as safe as possible. You are solely responsible for protecting the privacy and security of your credentials, including not giving your username and password to any third party. You are responsible for any activity using Your account, whether You authorized that activity or not. If You lose Your username or password, You may not be able to access Your Account or any of Your Data.

If Neckar determines that there has been a breach of Your Account security, to protect You and Your Data, Neckar reserves the right to suspend Your Account and require You to use other credentials. Neckar is not liable for any loss or damage arising from any access to, or sharing and use of Your Account. You agree that You will immediately notify Us at support@suprematic.de if Your Account is accessed or used without Your authorization, or if You have reason to believe that Your Account has been compromised.

We store your personal information on our servers which are located in Germany. Germany provides an adequate level of data protection as required by Art 45 (1) GDPR.

LICENSING

So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Please note that certain third party code may be provided with our Services and that the license terms accompanying that code will govern its use.

We or third parties own all right, title and interest in and to the Services and any software or documentation used therein. This includes all rights, title and interest in any intellectual property rights. The only licenses granted are those set forth in these Terms. We and our licensors retain all other rights in the Services, and no other licenses to You are implied by these terms.

USE OF THE SERVICES

In order to make the use of Services the best experience it can be, and protect all our users, You agree that You will not do any of the following when using the Services:

• harm, disrupt or interfere with the operation of the Services, computer system or network;
• provide false information about Your Account or pretend to be another user in order to gain access to any Account, computers or networks related to the Services, without authorization;
• attempt to interfere with any authorized use of the Services;
• use the Services to store, backup or distribute any illegal files or data sublicense, lease, rent, loan, transfer or distribute any portion of the Services;
• use the Services to store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files, spyware, malware or any other similar software that may damage the operation of the Services or another person’s computer or property;
• probe, scan, or test the vulnerability of any system or network, including that of the Services;
• breach or otherwise circumvent any security or authentication measures, including those of the Services;
• access, tamper with, or use areas of the Service or Accounts that You are not authorized to use;
• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
• access or search the Services by any means other than the publicly supported interfaces (for example, “scraping”);
• send unsolicited communications, spam, or any altered, deceptive or false source-identifying information (including “spoofing” or “phishing”);
• impersonate or misrepresent your affiliation with any person or entity;
• publish or share materials that are unlawfully pornographic or indecent, or that violate the law of any relevant jurisdiction; or
• alter, modify or attempt to circumvent any disabling or security mechanisms that may be included in the Services; or
• overload the Services, computer system or network by uploading an excessive or disproportionate amount of data or content.

We may immediately terminate Your Account should it discover that You or someone using Your account has engaged in any of the prohibited activity listed above.

YOUR DATA

When you use our Services, you provide Us with things like your documents, label, attributes, messages, comments and so on (“Your Data”).

You own Your Data.

These Terms don’t give Us any rights to Your Data except for the limited rights that enable Us to offer the Services.

We need your permission to do things like hosting Your Data, backing it up, and sharing it when you ask Us to. Our Services also provide you with features like annotating, commenting, sharing, querying, document previews, optical character recognition (OCR) and personalization to help you to increase your productivity and cut busywork. To provide these and other features, We access, store, and scan Your Data. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

DATA SHARING

The Services allow You to share Your Data with others. By doing so, You are enabling others to copy, distribute, make public, modify, delete or otherwise misuse Your Data, among other things. Additionally, if You choose to provide access to Your Data to another person, that person may provide unauthorized access to others. You agree that We have no responsibility for anything that any person with whom You share Your Data does with Your Data, including making it available to others.

INTELLECTUAL PROPERTY PROTECTION

We respect the intellectual property rights of others and ask that you do too. Please don’t copy, upload, download, or share content unless you have the right to do so. We respond to notices of alleged copyright infringement if they comply with the law. And we may terminate Your Account and access to the Services for violations of this provision.

COMPLIANCE WITH APPLICABLE LAWS

You may use our Services only as permitted by applicable law, including export control laws and regulations. It’s Your responsibility to ensure that Your use of the Services is in compliance with all applicable laws, rules and regulations.

USER INDEMNITY

You agree to defend, indemnify, and hold Neckar, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:

• Your use of the Services;
• Your violation of these Terms;
• Your violation of any third party right, including any intellectual property right;
• Your violation of the law of any relevant jurisdiction;
• or any claim that use of Your Data caused damage to a third party.

This indemnity obligation will survive the termination or expiration of Your account and these Terms.

TERMINATION

You can terminate at any time, for any reason per the instructions on Neckar website. We also reserve the right to terminate a free account at any time or for any violation of these Terms.

Your paid account will renew automatically for the same term, unless You disable the renewal or notify us 30 (thirty) days prior to your renewal date that you would like to modify or cancel your account.

Payments are due upon account activation and subsequent renewal dates.

Unused service will not be refunded. Upgrades, renewal amounts and any applicable taxes will be charged to the credit card or other payment method.

We may terminate any paid account if You stop paying subscription fees, if You do not renew Your subscription upon its expiry, or for any violation of these Terms.

CHANGES TO THE SERVICES & TERMS

We may permanently or temporarily stop providing or may modify the Services, any feature included in the Services, at any time and without notice to You. And we may revise these Terms to better reflect changes in the law, new regulatory requirements, or enhancements made to our Services.

We will try (but we are not obliged) to communicate any such actions to You in advance by either sending You an e-mail or by posting relevant information to the Neckar website.

The current Terms will always be posted on our website. To stay informed of any changes, please review the most current version of these Terms at neckar.io/tos/

By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

If You do not agree to be bound by these Terms, You may not use the Services.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NECKAR, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Please note that some jurisdictions do not allow the type of exclusion listed above, so some of these exclusions may not apply to You. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NECKAR, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NECKAR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL BE NO MORE THAN THE GREATER OF 20 (TWENTY) EUR OR THE AMOUNTS PAID BY YOU TO NECKAR FOR THE MOST RECENT TWELVE-MONTH PERIOD FOR THE SERVICES IN QUESTION.

Please note that some jurisdictions do not allow the type of limitation listed above, so some of these limitations may not apply to You.

RESOLVING DISPUTES

Before filing a claim against Us, You agree to try to resolve the dispute informally by sending Us a written Notice of Dispute via support@suprematic.de that includes your name and a detailed description of the dispute. We’ll try to resolve the dispute informally by contacting You via email. If a dispute is not resolved within 60 days after submission, You or We may bring a formal proceeding.

The law of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship.