Terms of use / Allgemeine Geschäftsbedingungen
Last updated: June 14, 2023
When using the BOOMSIG service (hereinafter “Service”) provided by the company BAS Backup Archive Solutions GmbH (“BAS”) registered with the German Handelsregister in Munich under number HRB 115693, you agree to the following Terms of use.
If you are entering into this agreement on behalf of a company or another legal entity, you affirm that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms of use. In this case “you” or “your” shall refer to such entity, its affiliates and all users associated with it.
BAS reserves the right to change the following Terms of use at all times with or without notice. The latest version of the Terms of use can be found at: https://boomsig.com/agb.
1. General
a. These conditions apply to all contracts between BAS and you concerning the Service, unless otherwise agreed in writing.
b. The applicability of any general Terms of use invoked by you is explicitly rejected, unless explicitly confirmed in writing by BAS.
c. Failure to comply with these Terms of use will result in immediate termination of your account.
2. Account conditions
a. Any user of the Service must be a human; users registered by “robots” or other automated methods are not permitted.
b. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
c. Your login details are strictly personal and may not be shared with other people.
d. You are always solely responsible for maintaining the confidentiality of your login information, BAS can not be held liable.
e. You are responsible for all activities and content that is placed under your account (also for users that are created under your account).
f .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.
3. Payment terms
a. Payment is made in advance per calendar month or year by credit card and are non-refundable.
b. All prices are exclusive of German VAT (19% MwSt.), if applicable.
c. If payment is behind, your account will be temporarily suspended. You will receive instructions by email on how to meet payment and when your account will be re-activated.
d. In case of late payment, you, in addition to the amount owed, are responsible for complete compensation of both judicial and extrajudicial collection costs, including costs for lawyers, bailiffs and collection agencies.
4. Termination
a. You are solely responsible for properly canceling your account, which you can do in the “Account” section of the Service only. Any other form of cancellation is not accepted and therefore not processed.
b. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect at the end of that period and you will not be charged again.
c. All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
d. You are at all times responsible for any legal obligation to keep your invoices, even after canceling your account.
5. Modifications to the Service and prices
a. BAS 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.
b. BAS reserves the right to change prices for the use of the Service. These price changes will be announced at least one (1) calendar month in advance on https://boomsig.com.
6. Licenses and ownership of content
a. All software that is supplied to you in connection with the Service is provided subject to the terms of a separate end-user license agreement that accompanies that software. You agree to abide by the terms of the end-user license agreement in your use of this software.
b. BAS will never claim ownership over your content and/or materials posted to your account. In other words, your data is and remains your property.
7. Liability
a. Your use of the Service is at your sole risk. BAS shall not be liable for any direct or indirect damages including but not limited to, consequential damages, lost profits, lost savings and damage due to business stagnation.
b. You shall indemnify BAS against all claims for damages which third parties may claim in respect of damage caused by the use of the services or products supplied by BAS.
8. Applicable law and disputes
a. This agreement is governed by German law.
b. If any part of this Agreement is void, or declarable as such, for any reason, including due to rules of compulsory law, the remaining paragraphs of this agreement will remain in effect between BAS and you.
c. Unless rules of compulsory law state otherwise, the court of Munich has exclusive jurisdiction in any disputes between Parties arising from this Agreement.
9. Other conditions
a. BAS strives to achieve the highest possible uptime. In the case of force majeure, BAS shall not be liable.
b. BAS uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
c. You will not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
d. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements or concepts of the Service without express written permission from BAS.
e. You must not transmit any worms or viruses or any code of a destructive nature.
f. BAS strives to achieve, but does not warrant, that: 1) The Service will meet your requirements, 2) the Service will be uninterrupted, timely, secure, and error-free.
g. You are responsible for not submitting sensitive data to the Service, including but not limited to credit card information, medical files or anything deemed confidential. The Service offers ways to sanitize the data submitted to the Service.
Questions about the Terms of use may be directed to the email address hello@boomsig.com.