It is the goal of these terms and conditions (TAC called in the following) to create clear frame conditions to indicate existing technical and legal risks to AddNat customers in order to have a basis for a fair and partner like business relationship. AddNat GmbH is basically not ready neither obligated to join a conflict avoidance process at a consumer conciliation location.
Scope of Application
The company AddNat GmbH with its headquarter in 74722 Buchen, Nelkenweg 14, Germany, called AddNat as follows, provides all services only on the basis of these TACs. They are valid for all future business relationships with AddNat, even if they have not again been agreed to explicitly.
Amendments of TACs
The company AddNat is entitled to amend the existing TACs or add more content after adequate notice. The notice will only be published on the Internet on http://addnat.com. If no protest is filed within four weeks after publishing the amendments, they are applied to be accepted. The TACs are always listed on http://addnat.com/main/agb and can be printed out with the according browser function.
Information to Customers
Information to customers about all services offered by AddNat is transferred to the current e-mail addresses provided in the profile by the customers themselves. Information is delivered when sent accordingly, no matter at what date the customer reads it. The customers agree that AddNat is allowed to use their e-mail-addresses in order to fulfill their services.
They also agree that AddNat uses first and last names in order to fulfill these purposes. They are, for example, used by AddNat when they create enquiries via AddNat in order to obtain AddCards of third parties.
Access is granted to everyone who creates an account via http://addnat.com and acceptes the valid TACs on this website.
AddNat reserves the right to withdraw access authorization at any time without stating a reason and therefore to reject the usage of AddNat services.
AddNats services are offered with conditional availability. AddNat seeks to provide all services without any interruptions to the customer. There may be the case of limited access due to maintenance, technical development or other interruptions. The customer has no right to claim compensations in this case. Furthermore, AddNat is allowed to amend or cancel services offered at any time and without notice in advance.
The customer is granted access to the services of AddNat in order to use it if not agreed upon otherwise. The transfer of data is done via Internet at the customers’ own risk. In addition, contents will not be checked on viruses, Trojans or other. AddNat is not liable for possible damages for third parties in this case. Operations are done within a high-secure and high-performance data processing center in Germany that was instructed on behalf of AddNat. Here your data is securely stored according to strict german data protection law. AddNat is not liable for the loss of data due to technical difficulties, stopped data transfer or other problems in this context.
AddNat is not liable for the correct functions of infrastructure or transfer of data via Internet that are not in its field of responsibility or the one of its subworkers. Moreover, the liability is limited to deliberate intent or gross negligence.
As to services provided free of charge by AddNat, the customers have no right to claim their availability nor reimbursement or compensation.
Security of Data
AddNat indicates explicitly to the customer that no overall security can be granted when it is transferred in open sources like the Internet. The customer knows that the operator of servers can see data and maybe also other information recorded from a technical point of view. Other participants of the Internet (i.e. hacker) may have the technical ability to interfere into the security of the net without authorization and therefore to manipulate or intercept news traffic. The risk is taken into consideration by the customer and he adjusts his Internet activities accordingly. In the incident or suspicion of hacker activities, the customer informs AddNat immediately. As far as data (texts, photos, data etc.) is transferred to AddNat – no matter on which way – the customer takes care of a security backup. The AddNat server will have a regular backup. However, loss of data may occur. In this case, AddNat is not liable for the data recovery of lost data.
AddNat is allowed to use latest and other technologies within the scope of technical development in order to provide its services like systems, processes or standards compared to those offered in the first place. AddNat is allowed to authorize subworkers to provide the service needed for fulfillment. Moreover, AddNat is authorized to change the Internet infrastructure in use and their operators without giving notice. The sale of single business areas of AddNat, the change of name or ownership is no reason to terminate the agreement extraordinarily.
Usage of Add-Ons/Add-Ins
All add-ons and add-ins provided on addnat.com are optional for AddNat-users. There may be additional costs, i.e. roaming fees, Internet access fees when using such add-ons or add-ins that have to be paid by the customer. The customer uses these add-ons/add-ins on his own risk.
AddNat does not take over any liability that may occur from using these add-ons/add-ins.
AddNat notes that, referring to § 33 BDSG of the Federal Republic of Germany, personal data will be saved and possibly transferred to participating business partners, subworkers or service providers of AddNat to an extent that is necessary to fulfill the contract. AddNat uses the demanded data also for advising its customers, for advertising and for market research only for its own purposes. Otherwise, personal data will only be asked for, processed or used when the customer agrees with it or it is necessary due to the legal provision. The customer has the right to view his data at all times. AddNat is allowed to use the membership of the customer as reference.
Offer, Order, Conclusion of Contract
AddNat’s offers are without obligation and not binding and are to be seen as an invitation for an offer. A contract will be concluded when an offer by AddNat has been accepted by the customer. The acceptance of the offer may be done by written notice or e-mail. Accepting the offer also means transferring the amount of the offer to one of AddNat’s accounts as well as the processing of an operation by the customer when stated in the contract offer. The day of the explicitly and implied acceptance of the offer is the date of inception of treaty and therefore the beginning of the contract terms. The extent of services is the one offered by AddNat at the time of the acceptance of the offer.
The customer agrees to ask for the approval of third parties that are not AddNat customers so that AddNat may use their e-mail-addresses. The customer therefore grants AddNat the right to use these e-mail-addresses to contact them in order to fulfill its services stated in the contract.
Furthermore, the customer is obliged to conceal passwords given by AddNat and to inform AddNat immediately by written notice as soon as he has got the strong suspicion that a third party knows his passwords or that his AddCards were manipulated. The customer is liable for every misuse that might occur by using these passwords unauthorized. The customer is also liable for operations and resulting fees or damages that third parties might cause with his passwords, no matter if authorized or not. It is not the case if the customer is not responsible, but he needs to proof this fact.
Right of Property and Ownership of AddCards
The AddCards provided by other AddNat customers or by the customer himself are available via different AddNat services. The claim to own one or more AddCards as a customer only exists as long as the contract is valid or AddNat has a declaration of agreement from the customer. The transfer of the customers’ AddCard to third parties without his agreement is not allowed. The agreement will be granted by the acceptance of a request by the customer.
The immediate withdrawal of a declaration of agreement and the according AddCards cannot be guaranteed according to technical limitations. An immediate withdrawal can only be processed when using online applications like i.e. the AddNat web application via browser. An offline application like i.e. the Android App needs to synchronize data in order to ensure its functionality. In general, this is done either manually by the owner of the app himself or, when the data has been updated more than 7 days before, automatically when the app is called up. The data of the customer will be ever transfered in encrypted form. However, AddNat draws the attention of the customer to the fact that the withdrawal of data on offline applications cannot be guaranteed within 7 days and therefore bears a certain risk. Customers involved do not have the right to claim compensations.
Support services are only offered over the Internet by AddNat in order to provide a reasonably prized service. These services include FAQs as well as e-mail enquiries. Further accompanying services by AddNat, i.e. introduction to the user and more, are only part of the contract when they have been explicitly agreed upon in advance. AddNat is allowed to provide program documentations and instruction manuals on electronic devices or via Internet.
Beginning and Ending of Contract
The contract begins with the issue of an AddNat account and ends with its deletion.
The customer may cancel the contractual relationship any time without claiming reasons.
AddNat is only allowed to cancel the contractual relationship regularly within a period of 2 weeks. The cancelation needs to be effected by written notice or via e-mail in order to be valid. In any case, there is still the possibility to terminate the contract without notice for important reasons. Important reasons are heavy and continuous breaches against the contractual regulations, applicable law or the rights of third parties as well as regarding the impracticability of the contract. AddNat is entitled to refuse access to the assigned products and services stated in the contract and to delete it if there is a case of termination of contract due to important reasons. Furthermore, AddNat is allowed to block or delete contents or e-mails without notice in this case. AddNat is allowed to stop services free of charge at all times. A written notice via e-mail is sufficient to stop services. Reimbursement of payments is not possible in all cases mentioned above.
Payment, Retention Rights
Payment of invoices is done via PayPal or our Company Account at Sparkasse Neckartal-Odenwald. The customer finds all existing payment services on https://addnat.com. The invoices have to be paid before claiming of services and according to the chosen form of payment. AddNat is entitled to block services without grace period notification until payment is effected when the customer’s payment is delayed. The requirements for the enforcement according to law resulting from § 323 BGB to § 325 BGB are unaffected. AddNat is allowed to charge a 10 EUR delay fee without prior reminder of payment after the invoice has exceeded a deadline of 30 days.
The same applies when the customer does not pay an invoice after 30 days and after receiving a reminder as well as when determining the period of service according to the calendar and other regulated cases stated in § 286, chapter 2 BGB. If the customer is not able to pay, he has to inform AddNat immediately and without demand.
Services may be used according to the valid fees and the offers on http://addnat.com. Optional services and services free of charge may be canceled or withdrawn at any time or their usage may be prohibited. All prices are fixed prices.
AddNat has the right to change fees. AddNat has to inform the customer via e-mail at least 4 weeks in advance about changing fees for existing contracts. The customer has no right to claim reimbursement in the case of decreased prices after conclusion of contract. The customer only has the right to accumulate in the case of counterclaims beyond dispute and res judicata. The customer’s right to refuse performance remains unaffected according to § 320 BGB. The right of retention is only applicable for the customer as long as the contract relationship is the common basis.
AddNat will charge a fee of 3.0 % (Date 01.07.2017) for using our services and for the exchange of Cryptocurrency. As a seller has to pay the fee, when he has transfered the amount of Cryptocurrency to our AddNat Wallet. After that, the fee persists, even when a seller will withdraw his offer! A buyer has to pay the fee, if he accepts an offer. If a buyer will not pay within 3 workdays, AddNat can reactivate the offer, so other possible buyers can buy it. The buyer will have a right for getting the Cryptocurrency, if he transfer the money within 3 workdays to our Company Account at Sparkasse Neckartal-Odenwald. After 3 workdays, this right will expire!
Contents, Links, Domains, Brands, Copyright
AddNat is not responsible for the contents of AddCards and cannot grant any warranties for the contents of the AddCards. A general checking or observation of the contents by AddNat does not take place. The customer is not allowed to breach the law or abuse conventions or the rights of third parties (name, father or other patent rights etc.) because of form, content or purpose of his AddCard. This also explicitly applies for hidden contents (i.e. comments, meta-tags, alternative texts).
The customer is obliged not to offer or get offered any pornographic, racist, extremist, insulting contents or contents damaging business. AddNat does not take over any obligation for checking the contents.
AddNat is entitled to block such contents immediately and without prior notice. AddNat is also allowed to cancel the contractual relationship without notice due to important reason if the customer breaches these contract regulations even if he has been warned to do so.
If the customer breaches legal prohibitions, morality or the rights of third parties by using the services, he is liable for compensations due to direct or indirect damages towards AddNat. He indemnifies AddNat from possible claims of third parties that may lead back to contents of AddCards, e-mails etc. of the customer.
AddNat explicitly indicates that there might be foreign law applicable due to worldwide Internet availability. The customer is obliged to apply the legal demands and religious norms of potential target countries referring to contents that are dedicated to groups of persons outside the Federal Republic of Germany.
The copyright for the overall design, navigation and the implemented functions remains with AddNat. Any transfer of the overall design, the navigation or single functions (parts of it, also in amended form) need to be approved explicitly and in written form by the AddNat management board. If the person in charge of the transfer breaches the agreement, he and the customers of the transferred parts are obliged to pay a higher license fee of 5.000 EUR to AddNat. Injunctive relief or claims for compensation as well as the rights of third parties remain ineffective.
Rights of Third Parties
Text, picture and audio material as well as programs are protected by copyright.
The customer is obliged to respect the rights of third parties and indemnifies AddNat from all legal claims and costs that may result from copyright infringements by using external material or data. AddNat advises all customers to obtain a written permission to use external material or data.
AddNat does not check contents of customers on the rights of third parties, no matter if entitled or not. It is usual on the Internet to block data as long as there is no legal clarification if a third party claims (see also “dispute policy” of the InterNic under http://internic.net). The customer agrees to block the access to his contents in the case of credible claims of third parties. The customer is still chargeable in case AddNat needs to block contents due to the reasons mentioned above.
The customer agrees with all measurements that AddNat needs to process in order to meet executable directives or enforceable decisions.
AddNat is entitled to refuse orders without claiming the reason to do so when it seems to be necessary due to organizational, technical or for business policy reasons. The only place of fulfillment and court of jurisdiction for all disputes resulting from the contract is Heidelberg. Only the law of the Federal Republic of Germany is applicable for all concluded contracts on the basis of these TACs and for all claims that might result subject to the provisions of the regulations of the common United Nations Convention of Contracts for the International Sale of Goods and of the German International Civil Law including the General Doctrine of International Civil Law.
If there is a dispute between the customer and AddNat that may not be solved in mutual agreement, an arbitration at an arbitrational court should be pursued in order to speed up the process and to avoid additional costs. The designation of the arbitrational court should be done by the Chamber of Commerce in Mannheim in case of doubt.
All amendments, additions, subsidiary agreements, cancellations or the partly or complete cancellation of the contract need to be done in written form.
If one disposition of the contract is or is to be ineffective or if the contract is not complete, all other content of the contract is valid. The ineffective disposition of the contract may be replaced by one that is according to the spirit and purpose of the law and considering both interests of the agreeing parties and in good faith. The same applies to possible contractual gaps.