Terms of Service

1.1 These Terms of Service for the provision of services apply to contracts concluded between KNOWYOURCHAT and the User that incorporate these Terms of Service.

1.2 To the extent that, in addition to these Terms of Service, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of those further contractual documents shall prevail over these Terms of Service in the event of a conflict.

1.3 KNOWYOURCHAT does not accept any terms and conditions used by the User that deviate from these Terms of Service, unless KNOWYOURCHAT has expressly agreed to them.

2.1 In order to use the services, the User must register on the KNOWYOURCHAT website (hereinafter the “Website”).

2.2 The User warrants to use only their own data during the registration process and not to use any personal information of third parties or any content that could infringe the rights of third parties.

2.3 Registration is only permitted for persons of legal age (at least 18 years old).

2.4 Registration is deemed successfully completed as soon as the User receives a corresponding confirmation from KNOWYOURCHAT.

2.5 The User undertakes not to disclose their registration credentials to third parties. Should an unauthorized disclosure nevertheless occur, the User is obliged to inform KNOWYOURCHAT thereof without undue delay.

3.1 KNOWYOURCHAT provides the contractually agreed services to the User online via the Website for the duration of the contractual relationship. The services are set up on a server provided by KNOWYOURCHAT and are accessible to the User via the Internet. In this respect, KNOWYOURCHAT assumes responsibility solely for the availability of its own servers. The User is responsible for providing a suitable device and a sufficient Internet connection. Furthermore, the User is obliged to notify KNOWYOURCHAT of any defects without undue delay.

3.2 To the extent that content is published or scheduled via the KNOWYOURCHAT services on third-party social media platforms (e.g. YouTube, Facebook, Instagram, LinkedIn, TikTok, etc.), the respective use is additionally subject to the terms of use and privacy policies of the relevant platform. The User is responsible for complying with the respective guidelines and confirms that they hold all necessary rights to the published content (texts, images, videos, etc.). KNOWYOURCHAT assumes no liability for compliance with the requirements of the third-party platforms or for the conduct of Users on these platforms.

3.3 KNOWYOURCHAT renders the contractual services with the greatest possible care and diligence in accordance with the latest state of the art, the latest rules and the latest findings.

4.1 Registered Users have the option of purchasing paid services from KNOWYOURCHAT. Information on the essential characteristics of these paid services, their terms, fees (monthly and in total) as well as termination options can be found in the offers on the Website. The order is placed when the User clicks the button “order with obligation to pay” („zahlungspflichtig abschließen“). The contract is concluded as soon as KNOWYOURCHAT accepts the order.

4.2 The statutory provisions on liability for defects applicable to digital products apply to the paid services offered.

4.3 The ordered paid services will be provided no later than within three days of the order.

6.1 The User may withdraw from the contract for paid services within fourteen days of the conclusion of the contract without giving any reasons. To exercise the right of withdrawal, the User must inform KNOWYOURCHAT of the decision to withdraw by means of a clear declaration (e.g. by e-mail). The User may use the model withdrawal form provided at the end of this page, but is not obliged to do so. To meet the deadline, it is sufficient to send the withdrawal declaration before the fourteen-day period expires.

6.2 In the event of an effective withdrawal, KNOWYOURCHAT will refund all payments received from the User without undue delay, but no later than within fourteen days from the day on which the withdrawal declaration was received by KNOWYOURCHAT. The refund will be made using the same means of payment that the User used for the original transaction, unless expressly agreed otherwise. The User will not be charged any fees for this refund.

7.1 KNOWYOURCHAT is liable without limitation on any legal grounds in cases of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise provided in this respect, or on the basis of mandatory statutory liability. If KNOWYOURCHAT negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless liability is unlimited pursuant to the preceding sentence. Material contractual obligations are obligations which the contract, by its content, imposes on KNOWYOURCHAT in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the User may regularly rely. In all other respects, any liability of KNOWYOURCHAT is excluded. The foregoing liability provisions also apply with regard to the liability of KNOWYOURCHAT for its vicarious agents and legal representatives.

7.2 The User indemnifies KNOWYOURCHAT against any third-party claims asserted against KNOWYOURCHAT due to violations by the User of these contractual terms or of applicable law.

8.1 KNOWYOURCHAT will treat all matters that come to its knowledge in connection with the engagement as strictly confidential. KNOWYOURCHAT undertakes to impose the duty of confidentiality on all employees and/or third parties who have access to the information covered by the contract. The duty of confidentiality applies without limitation in time, beyond the term of this contract.

8.2 KNOWYOURCHAT undertakes to comply with all data protection regulations when performing the engagement — in particular the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

9.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

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

9.3 The User will support KNOWYOURCHAT in the performance of its contractual services by providing reasonable cooperation where necessary. In particular, the User will provide KNOWYOURCHAT with the information and data required to perform the engagement.

9.4 If the User is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the registered office of KNOWYOURCHAT shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

9.5 KNOWYOURCHAT is entitled to amend these Terms of Service for objectively justified reasons (e.g. changes in case law, legislation, market conditions or business or corporate strategy), subject to a reasonable notice period. Existing customers will be notified of such changes by e-mail no later than two weeks before the changes take effect. If the existing customer does not object within the period set out in the change notification, their consent to the change is deemed given. If the customer objects, the changes will not take effect; in this case, KNOWYOURCHAT is entitled to terminate the contract extraordinarily as of the date on which the change takes effect. The notification of the intended change to these Terms of Service will draw attention to the deadline and to the consequences of objecting or failing to object.

If you wish to withdraw from the contract, please fill out this form and return it to us.

To KNOWYOURCHAT GmbH, Coburger Straße 7, Geb. 2, 96472 Rödental, Germany, info@knowyourchat.de

I/we hereby withdraw from the contract concluded by me/us for the provision of access to the following digital content (description, order number if applicable, and price)

Ordered on (date)

Received on (date)

Name and address of the consumer(s)

Signature of the consumer(s) (only if this form is submitted on paper)

Date