Last updated 2024-02-14
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") by Markus Vogel (hereinafter referred to as "Owner") apply to any use of the services offered by the Owner on the platform YouLys (hereinafter referred to as "Platform"). Users, both consumers and entrepreneurs, who use the services offered by the Owner, acknowledge and accept these GTC by using the services. Hereby, the inclusion of the user's own conditions is opposed, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activities. An entrepreneur, within the meaning of these GTC, is a natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2.1 These GTC and any disputes regarding the execution, interpretation, and validity of this agreement are subject to the law and jurisdiction as well as the exclusive competence of the courts of the Federal Republic of Germany. In case of a contradiction between the German version and a version in another language of these GTC, only the German version shall prevail.
3.1 YouLys is a SaaS platform (Software as a Service) that provides users with advanced analytical tools and utilities for managing their social media channels. The platform imports data from various providers, aggregates and analyzes it, and then makes it available to users to supply them with current statistics about the activity on their social media channels. Premium users have access to more sophisticated and comprehensive analytical functions.
4.1.1 Users are responsible for their own content and that of third parties which they share through the platform, upload to or publish through the platform, or transmit in any other way. Users confirm that they have all necessary consents from third parties whose data and/or content they share with the owner and hereby release the owner from any liability or claim that may arise against the owner in connection with the illegal distribution of third-party content or the unlawful use of the service.
4.1.2 The owner does not moderate the content provided by users or third parties but will take action if complaints from users are received or if official orders are issued regarding content deemed offensive or illegal.
4.2.1 The owner does not moderate content or links provided by third parties before their publication on the platform. The owner is not responsible for the content provided by third parties or for its availability.
4.3.1 Users may utilize the services or content of third parties contained within the platform, but they must be aware of and agree to the terms and conditions of these third parties. Under no circumstances is the owner liable for the proper functionality or availability, or both, of third-party services.
4.3.2 The platform utilizes YouTube API services. By using YouTube services or content within the platform, the user agrees to be bound by YouTube's terms of service, which can be found here. YouTube may update its terms of service at any time, and the owner is not responsible for reviewing changes or updates to these. It is recommended that users regularly review YouTube's terms of service.
5.1.1 To fully utilize the services of the platform, users have the option to register and log in on the platform. Users must register truthfully and completely to use certain services within the platform by providing all required data in the corresponding registration form. Users must also fully accept the privacy policy and these GTC. Users are responsible for keeping their login details confidential.
5.2.2 Registered users can delete their accounts and discontinue the use of the service at any time via the platform's corresponding interface or by directly contacting the owner.
5.2.3 The owner reserves the right to suspend or terminate the user's account at any time and without notice in case of a serious breach of terms by the user.
6.1.1 The platform and the owner offer additional services and subscriptions that are available for a fee. The fees, duration, and conditions for the accounts and paid services are highlighted in the corresponding section of the platform.
6.2.2 Payments start from the date the user selects a paid subscription or changes another existing payment plan. The subscription must be renewed in each billing cycle to maintain the benefits of the paid services.
6.3.3 Recurring subscriptions are automatically renewed using the payment method the user chose at the time of purchase. The extended subscription is valid for the same period as the original service. The user can cancel automatic renewal at any time by changing their settings for the used payment method. If the user cancels automatic renewal, the owner may be forced to terminate their subscription when it expires.
6.4.4 The platform uses third-party payment processing tools provided by Paddle.com and is in no way connected to or has access to the provided payment information, such as credit cards.
6.4.5 The ordering process is conducted through the online service Paddle.com. Paddle.com is responsible for all customer support inquiries regarding the payment process and handles returns.
7.1.1 Users who have purchased one or more services have the right to withdraw from the contract without giving any reason within 14 (fourteen) days from the date of the contract's conclusion. To exercise the right of withdrawal, the user is required to inform the owner about their decision to withdraw without any formalities by sending a clear statement to the email address provided in this document.
7.1.2 The refund will be made without undue delay, and in any event within 14 days from the day on which the user's decision to withdraw from the contract is communicated, using the same means of payment as used for the initial transaction, unless expressly agreed otherwise with the user. However, the user acknowledges and accepts that the right of withdrawal does not apply, among other things, to contracts for the provision of services after the service has been fully performed by a trader, if the service began with the user's express consent and with the acknowledgment of the loss of the right of withdrawal. If the service has been fully performed at the time of the withdrawal request and the user requested the performance fully aware of losing the right of withdrawal, withdrawal is therefore no longer possible.
7.1.3 Furthermore, the user acknowledges and agrees that the right of withdrawal does not apply to the delivery of digital content not supplied on a tangible medium if the performance has begun with the user’s express consent and acknowledgment that they thereby lose their right of withdrawal.
7.2.1 The clauses regarding the exercise of the right of withdrawal, its consequences, and exceptions apply exclusively to users who qualify as consumers, i.e., users who act for purposes that are not related to their commercial (or entrepreneurial) activity or profession.
8.1 The service is provided by the owner "as is," without any express or implied warranty of accuracy or availability.
8.2 The owner reserves the right to add or remove functions or features and to temporarily or permanently discontinue the service. In the event of a permanent discontinuation, the owner will make every effort to enable users to retrieve their information stored with the owner.
9.1 The service may only be used in accordance with these GTC.
9.2 Users are not allowed to reproduce, duplicate, copy, sell, resell, or exploit any part of the platform and its service without the express prior written permission of the owner, which is granted either directly or through a suitable reselling program.
9.3 Users are not allowed to reverse engineer, decompile, disassemble, modify, or create derivative works based on the platform or any part thereof.
9.4 Users are not allowed to circumvent any technology used by the platform or its licensors to protect content accessible through it.
9.5 Users are not allowed to use any automated devices, processes, or means to access, retrieve, scrape, or index any part of the platform or its content.
9.6 Users are not allowed to provide false personal information and/or create fictitious accounts.
9.7 Users are not allowed to collect user data to send unsolicited emails and/or other commercial communications.
9.8 Users are not allowed to use the service or parts thereof in connection with commercial endeavors unless this is permitted in writing by the owner;
9.9 Users are not allowed to use the service in a manner that impairs the reliability, speed, or operation of the platform or any underlying hardware or software;
9.10 Users are not allowed to use the platform in any other inappropriate manner that violates these terms.
10.1 For information regarding the use of their personal data, users must refer to the privacy policy of the platform, which is hereby considered part of these terms.
11.1.1 All trademarks, whether registered or not, and all other signs, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with the platform are and remain the exclusive property of the owner or his licensors and are protected by the applicable trademark laws and corresponding international treaties.
11.1.2 Users are obliged to use the service in accordance with the intellectual and industrial property rights of the owner. The software, like any other copyright or intellectual property rights, is the exclusive property of the owner and/or his licensors. The user acquires no right or title in relation to the software and acknowledges that its use is non-exclusive and non-transferable, only for providing services under these terms.
11.1.3 The "right of use" mentioned above does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the software and its documentation are copyrighted information and property of the owner or his licensors and may, therefore, not be used by the user in any way for purposes other than those set out in the terms.
11.1.4 Unless otherwise agreed with the owner, the user is prohibited from marketing the service as an agent, distributor, dealer, licensee, or in any other capacity on behalf of the owner, and in any case, to sell the service or use the trademarks and/or images and/or promotional material of the owner and, more generally, any intellectual and/or industrial property rights of the owner actually used or possessed. The relationship between the owner and the user shall not be construed as a mandate, partnership, representation, collaboration, association, or other similar or equivalent contractual agreements.
11.1.5 However, this does not affect the right of the parties to cite each other (as well as logos, trademarks, distinguishing features, etc.) to customers/business partners for advertising and/or commercial purposes (e.g., the supplier's logo in an article describing the service, etc.), provided that the parties formally or informally agree in advance.
11.2.1 All third-party trademarks or service marks displayed on the platform are the exclusive property of those third parties. Your use of the service should not be interpreted as granting a license or a right to use any third-party trademark displayed on the platform by implication or otherwise. Third-party trademarks may not be used to disparage any relevant third party, their products, or services, or in a manner that could damage the reputation of third-party trademarks, in the sole discretion of the owner.
12.1 Users declare that they are of legal age according to applicable law. Under no circumstances may persons under the age of 13 use the platform.
13.1.1 The platform and the owner are service providers and thus responsible according to general provisions for their own content on the online platform. The owner does not guarantee the results that may be obtained from the use of the services offered or the accuracy and reliability of the information and applications obtained through the services.
13.1.2 The owner is neither obligated nor able to extensively review and monitor the legality of content uploaded or published by users, or to investigate circumstances indicating illegal activity. The same applies when links to third-party websites are published on the online platform or referred to. The owner does not identify in any way with the uploaded/published content or the content on a third-party website referred to by a link on the platform. The owner cannot guarantee that such content is lawful, truthful, current, or complete. The owner is not liable for damages resulting from the use of such content.
13.1.3 If the owner receives information about legal violations or breaches resulting from third-party content or content mentioned in a link, the owner will review the content and, if necessary, block/delete it within the scope of his obligations.
13.2.1 The user agrees to indemnify and hold harmless the owner and its subsidiaries, affiliated companies, officers, directors, agents, co-branders, partners, and employees, as applicable, from any claim or demand, including, but not limited to, reasonable attorneys' fees and costs, made by any third party due to or arising out of the user's content, use of or connection to the service, violation of these terms, or infringement of any third-party rights.
14.1 The owner reserves the right to modify these GTC at any time. In the event of a change, the owner will inform users by posting a notice within the platform. Users may object to the modified GTC. If the user does not object, the modified GTC will be considered accepted within six weeks. If the user objects to the modified GTC, the owner may terminate the contract with notice.
15.1 The owner reserves the right to transfer all or some of the rights or obligations under these terms by transfer, assignment, sale, or through subcontracts, provided that the user's rights under the terms are not adversely affected.
15.2 Users may not assign or transfer their rights or obligations under these terms in any way without the written permission of the owner.
16.1 If any provision of these GTC should be invalid, the validity of the remaining provisions shall not be affected. An invalid provision will be replaced by a regulation that comes closest to the intent of the provision to be replaced within the bounds of legal possibility. This also applies to any omissions in these GTC.