Terms and Conditions

Last updated: March 11, 2024

Please read these terms and conditions carefully before using Our Service.
These Terms of Use (hereinafter "Terms of Use") apply to the use of the Commerce Platform zinehub (hereinafter "zinehub"), which is provided by comoon tech UG (haftungsbeschränkt), Jägerstr. 32, 10117 Berlin, Germany (hereinafter "comoon tech" or "we") and used by the Customer.

Scope

a. zinehub provides services and makes zinehub available exclusively on the basis of these Terms of Use and any additional terms and conditions described in the respective order form. These Terms of Use, in the respectively valid form, apply to all current and also future business relationships between comoon tech and its Customers, i.e. entrepreneurs within the meaning of Art. 14 BGB (German Civil Code) (hereinafter "Customer"). Contracts with consumers within the meaning of Art. 13 BGB are not concluded on the basis of these Terms of Use.

b. These Terms of Use shall be deemed accepted at the latest upon use of the service. The Customer's general terms and conditions of business or purchase shall not apply, even if comoon tech does not expressly object to the applicability of such terms and conditions.

c. Individual agreements made between the parties in individual cases shall in any case take precedence over these Terms of Use.

d. A separate written agreement is required for additional service by comoon tech, including without limitation licenses, further support, integration and/or additional services. The parties agree that this Agreement shall apply independently of any such additional agreements, and that comoon tech's service under this Agreement shall not affect any such agreements for additional services and vice versa.

Provision of zinehub / documentation / service changes
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a. comoon tech provides the current version of zinehub as a platform service for use in accordance with the terms of these Terms of Use and in the scope of services available at www.zinehub.xyz on a server infrastructure provided by comoon tech or its subcontractors (the "Server") for the period described in the Order Form.

b. The login to zinehub takes place via an OAuth verification (e.g. log-in with Google credentials via Google). comoon tech therefore does not process or store any credentials of the Customer but merely associates the Customer's account with the e-mail address used by the Customer. Unless otherwise agreed, the Application can be accessed via a web frontend.

c. In any case, an Account is required to access and use zinehub. comoon tech will provide the Customer with an Account after the Customer has agreed to these Terms of Use. The Account is not transferable. The Customer is liable for all actions performed under the Customer's Account.

d. comoon tech shall make the documentation for zinehub available to the Customer in electronic form as a knowledge base during the term of the Agreement. Printed documentation is not the subject of the contract and is not owed.

e. comoon tech may change zinehub (including the System Requirements) to adapt to technical or economic market changes and for good cause. Such a reason exists in particular if the change is necessary due to (a) a necessary adjustment to a new legal situation or jurisdiction, (b) changed technical conditions (e.g. new browser versions or technical standards), (c) the protection of system security, or (d) the further development of zinehub (e.g. deactivation of old functions that have largely been replaced by new ones). comoon tech will notify the Customer of any changes that are detrimental to the Customer in a timely manner, generally two weeks prior to the effective date in text form. The Customer shall be deemed to have given its consent to such change if the Customer does not object to the change in text form by the effective date of the change. When announcing the change, comoon tech will again refer to this legal consequence separately. If the amendment would significantly disturb the contractual balance between the Parties to the detriment of the Customer, the amendment shall not be made.

Support

a. comoon tech will provide reasonable general technical support ("Support"), subject to mandatory statutory warranty provisions (see Section 4), to enable Customer's authorized maintenance contact(s) to report problems and receive assistance in using zinehub during comoon tech's standard support hours (unless otherwise agreed Mon-Fri 10:00 - 18:00 CET, excluding public holidays in Berlin, Germany). Support can be reached at info@zinehub.xyz

b. comoon tech's support obligations do not include:i. Provide assistance (beyond an initial communication) or consulting time with respect to problems caused by (i) malfunctions or failures of the computer system and/or communications network from which Customer accesses zinehub, (ii) software or services, not provided by comoon tech under the Agreement, (iii) misuse, (iv) improper configuration by Customer and/or third parties, or (v) if applicable, Customer's failure to incorporate updates or corrections, or (vi) any other cause not attributable to comoon tech;ii. Provision of training services;iii. Installations and/or adaptations to systems not covered by the contract;iv. supporting application program interfaces (APIs) not provided or approved by comoon tech.

c. If comoon tech notifies Customer that a problem, error, or fault for which Customer has requested Support is not covered, comoon tech will work with Customer to establish a mutually agreeable work order on a quotation basis pursuant to which comoon tech will provide such services at comoon tech's then-current compensation rates.

Warranty

a. In the event of a defect (material defect or defect of title), the relevant statutory provisions shall apply unless the following provisions provide otherwise.i. Only the scope of services specified at www.zinehub.xyz shall be decisive for the quality of the functionality of the software provided by comoon tech; any quality of zinehub beyond this shall not be owed.ii. comoon tech is entitled to circumvent defects by means of a workaround solution if the cause of the defect itself can only be eliminated with disproportionate effort and the usability of zinehub does not suffer significantly.iii. The strict liability for initial defects according to Art. 536a BGB is waived.

b. Warranty claims shall lapse if the Customer attempts to rectify the defective items himself or has them rectified by third parties, unless the Customer proves in individual cases that such actions were not partly responsible for the defectiveness.

Data Protection

a. Each Party shall comply with applicable data protection laws and regulations. comoon tech shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including as appropriate those matters mentioned in Article 32(1) of the EU General Data Protection Regulation 2016/679 ("GDPR").

b. The Customer acknowledges that comoon tech may process personal data on behalf of the Customer. For this purpose, the Parties shall enter into a separate data processing agreement in accordance with Article 28 of the GDPR. comoon tech shall only be liable for damages - for whatever legal reason - in the event of intent or gross negligence. This limitation of liability shall not apply to damage resulting from injury to life, limb or health.

b. In the event of a slightly negligent breach of essential contractual obligations, comoon tech's liability shall be limited to the typical, foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.Term and Terminationa. The Agreement shall commence upon acceptance by the Customer and shall continue for the initial term specified in the order form. Unless terminated earlier pursuant to the provisions herein, the Agreement shall automatically renew for successive renewal terms equal to the initial term specified in the order form unless either Party provides written notice of non-renewal at least 30 days prior to the end of the then-current term.b. The right to terminate for cause remains unaffected. A cause for termination without notice exists, among other things, if (i) the Customer defaults in payment of the agreed remuneration despite a written reminder with a deadline and a threat of refusal, or (ii) the Customer violates the provisions of these Terms of Use despite a written warning with a deadline and a threat of refusal.Final Provisionsa. Amendments and supplements to these Terms of Use must be made in writing to be effective. This also applies to any deviation from this written form requirement.b. The place of jurisdiction for all disputes arising from or in connection with this Agreement shall be the registered office of comoon tech in Berlin, Germany, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law.

c. Should individual provisions of this Agreement be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision in a legally effective manner.
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‍Availability of service
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a. comoon tech will provide an average monthly uptime availability as specified in the applicable Order Form. Unless otherwise agreed, an availability of 99.00% per month is guaranteed, excluding planned downtime during maintenance windows announced by comoon tech in advance.

b. Delivery dates or other service periods are only binding if they have been expressly agreed in text form. comoon tech shall only be in default with deliveries/services if a grace period set by the Customer in text form and reasonable under the circumstances, which must be at least two weeks, has expired to no avail. comoon tech may only invoke the aforementioned circumstances if comoon tech has immediately informed the Customer of the circumstances and the resulting obstacles to delivery/service. Compliance with the delivery and service obligations shall also be conditional upon the Customer's timely and proper fulfillment of any cooperation obligations necessary for this purpose.

Subcontractors

a. comoon tech is entitled to use suitable subcontractors for the delivery of the services in connection with comoon tech.
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b. In the event that the subcontractor has access to personal data of the Customer, the data protection regulations of these terms of use and their appendices shall apply in this respect.

Intellectual property and rights of use

a. Unless otherwise agreed, comoon tech grants Customer a non-exclusive, non-transferable, worldwide and non-sublicensable right to use comoon tech's software platform and the Documentation for Customer's internal business operations during the term of the Agreement.

b. The Customer may not, directly or indirectly:
i. make comoon tech available to third parties or unauthorized users;
ii. offer, use or otherwise exploit comoon tech in a managed service offering, a platform-as-a-service (PaaS) offering, a service bureau or other similar product or offering; or otherwise;
iii. reverse engineer, decompile, disassemble, or otherwise edit the source code, object code, or any software, documentation, or data related to comoon tech;
iv. modify comoon tech or create derivative works from it;
v. Copy comoon tech;
vi. provide direct or indirect access to comoon tech in a manner that circumvents any use restriction;
vii. access comoon tech to (a) create a competing product or service, (b) create a product that uses similar ideas, features, functions or graphics as comoon tech , or (c) copy ideas, features, functions orgraphics of the Services.

c. If comoon tech releases new versions, updates, upgrades, modifications or enhancements to comoon tech or makes any other changes with respect to comoon tech during the term of the Agreement, the provisions of this clause, paragraph 7, shall apply to that extent as well.

d. Except for Individual Customer Data, all content included in comoon tech, such as documentation, text, graphics, logos, button icons, images, audio and video clips, is the sole intellectual property of comoon tech or its licensors and is protected by copyright or other intellectual property laws. comoon tech (and its licensors, if applicable) own all rights, including all related intellectual property rights, in the Application in connection with comoon tech. All intellectual property rights and all exclusive rights of use and exploitation not expressly granted to Customer are reserved by comoon tech.

e. The granting of the aforementioned rights of use during the term of the contract shall only take place as long as the Customer pays the remuneration due.

f. The statutory minimum rights of the user pursuant to Art. 69d UrhG shall remain unaffected by the above provisions.

Customer data

a. The Customer grants comoon tech the right to use the data provided by the Customer and the Customer's data read in via interfaces for the purpose of executing the contract for the use of comoon tech, in particular the right to duplicate this Customer data for this purpose (e.g. for data backup), to modify it and to make it available for the purpose of access.

b. The Customer shall ensure that
i. the Customer has all rights to the Customer Data required for the granting of rights under these Terms of Use;
ii. the Customer only allows data sources to be read out for which he has the necessary rights;
iii. the Customer Data does not violate these Terms of Use or applicable law and does not infringe the intellectual property or other rights of any third party.

c. The Customer will process all personal data contained in the Customer Data in accordance with applicable data protection laws.

c. comoon tech will process Customer Data and/or Personal Data only in accordance with these Terms of Use, it and the relevant statutory data protection provisions, as well as in accordance with the Customer's lawful instructions.

d. The Customer can export secondary data in specially marked areas of comoon tech at any time during the contract period. The export of raw data is not possible.


Cooperation obligations of the Customer

a. The Customer shall fulfill all duties to cooperate that are required of it for the delivery of the contractual relationship. In particular, but not exclusively, the Customer is obliged:
i. to keep the usage and access authorizations assigned to the Customer secret, to protect them from access by third parties and not to pass them on to unauthorized users; this data shall be protected by suitable and effective measures;
ii. to provide comoon tech with the information necessary to connect the data sources and update them if required;
iii. comply with the system requirements described in the respective documentation;
iv. to comply with the restrictions and obligations relating to the rights of use as set out in Clause 7 and to pursue breaches of these obligations effectively and with the aim of preventing future breaches;
v. to obtain the necessary consent from the data subjects insofar as personal data are collected, processed or used in the context of comoon tech, unless otherwise permitted by law;
vi. Scan data and information for viruses and other malware before sending to comoon tech and implement and maintain state of the art anti-virus programs; and
vii. to notify comoon tech of any defects in the contractual services immediately after becoming aware of them by e-mail.

b. The Customer shall provide comoon tech with reasonable support in the delivery of the Services. In particular, the Customer shall take reasonable precautions in the event that its own hardware and/or software does not work properly in whole or in part (e.g., by means of proper data backup, fault diagnosis, regular review of the results). In the absence of an express notice (in text form) in an individual case, comoon tech may always assume that all data with which comoon tech comes into contact is properly backed up.

c. The Customer acknowledges that the proper and timely fulfillment of the Customer's duties to cooperate is a prerequisite for the proper and timely delivery of the services owed to comoon tech. Any delivery deadlines shall be extended by the Customer's failure to perform any necessary duties to cooperate. The Customer shall bear all consequences and costs arising from a breach of the duties to cooperate.

Data protection

‍a. The Contracting Parties undertake to comply with the provisions of data protection law. comoon tech shall process Customer Data only to the extent required for the fulfillment of the contract.

b. If the Customer processes personal data, it warrants that it is entitled to do so, e.g. consent via a customer consent solution, in accordance with the applicable data protection provisions and shall indemnify comoon tech against any corresponding claims by third parties in the event of a breach.

Confidentiality

a. The parties undertake to treat all confidential information of which they become aware as strictly confidential and to use it only for the contractually agreed purposes. For the purposes of this provision, Confidential Information shall mean any information provided by one party ("Discloser") to the other ("Recipient") directly or indirectly in connection with this Agreement, the terms of this Agreement or information relating to the Discloser's business that is reasonably understood to be confidential or proprietary information, whether or not marked (including, but not limited to, trade secrets as defined in Art. 2 No. 1 of the German Trade Secrets Act, GeschGehG). Recipient may disclose Confidential Information to its employees only on a "need-to-know" basis, provided that such employees are bound by written confidentiality obligations no less stringent than those set forth in this Agreement. The parties will not attempt to register any intellectual property rights with respect to the other party's Confidential Information.

b. The confidentiality obligations described above do not apply to information that:
i. is already known to the recipient at the time of disclosure,
ii. is not or does not become publicly known as a result of a culpable act or failure of the recipient,
iii. Is developed independently by the recipient without use of the confidential information of the discloser; or
iv. received from a third party who is not subject to a confidentiality obligation and is not thereby in breach thereof.

c. If Confidential Information as defined above is requested by an Authority, the other Party shall be informed immediately and prior to disclosure of the information to the Authority.

d. The rights and obligations under (a.) and (b.) shall not be affected by the termination of this Agreement. Both Parties undertake to return or destroy the Confidential Information of the other Party upon termination of this Agreement, at the option of the other Party, to the extent such information still exists. The obligation to return or destroy Confidential Information or copies thereof shall not extend to automatically created backup or archival copies made as part of the normal operations of Recipient's information systems, provided that Recipient no longer makes use of such copies. In addition, Customer shall be entitled to retain Confidential Information or copies thereof to the extent necessary for documentation purposes and legal retention requirements.

e. The Customer already agrees to be named as the Customer in publications by comoon tech and the press (e.g. by using the Customer's company logo on the www.zinehub.xyz website). Joint case studies will only be published with the Customer's name after approval by the Customer.

Liability

a. Customer acknowledges and agrees that its use of comoon tech, including any results output by comoon tech, is at its sole discretion and risk. comoon tech offers no warranty or makes no representation with respect to the results Customer obtains from its use of comoon tech, or that the results will be complete or error-free. The Results do not constitute advice and comoon tech is not liable for any decisions Customer makes based on the Results produced by comoon tech.
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b. In all cases of contractual and non-contractual liability, shall only pay damages or reimburse futile expenses:
i. in the event of intent and in the absence of a quality for which comoon tech has assumed a guarantee, in the full amount;
ii. in case of gross negligence only to the amount of the typical foreseeable damage that should have been prevented by the breached obligation;
iii. in the case of simple negligence only from breach of a material obligation if the purpose of the contract is jeopardized thereby and only to the amount of the typical foreseeable damage that was to be prevented by the breached obligation, but always limited to twice the amount of the respective order value or, in the case of continuing obligations, to twice the value of the annual remuneration;

d. The objection of contributory negligence remains open. The limitations of liability pursuant to Section 10.2 shall not apply in the event of fraudulent intent, liability for personal injury and liability under the Product Liability Act.

e. To the extent that comoon tech is liable for damages, the claim shall include expenses for the replacement of destroyed or incorrectly recorded data only to the extent that such data can be reconstructed from machine-readable backup copies of the Contractual Partner. This does not apply to the loss of data that would not have been backed up even if data had been backed up at least daily on a regular basis.

f. A limitation period of one year shall apply to all claims for damages or reimbursement of futile expenses in the case of contractual and non-contractual liability - except in cases of unlimited liability. The limitation period shall commence at the point in time specified in Section 199 (1) of the German Civil Code (BGB). It shall occur at the latest upon expiry of the maximum periods specified in Art. 199 (3) and (4) BGB.
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Term and termination

a. The Agreement shall enter into force upon confirmation of the order by comoon tech and shall have a term of one month (Monthly Package) or twelve (12) months (Annual Package). Thereafter, the term of the Agreement shall be automatically extended for an indefinite period and may be terminated by either party with one (1) day's notice to the end of the respective term, unless the Customer opts again for an Annual Package with a fixed term of twelve (12) months.

b. Unless otherwise agreed, comoon tech grants the Customer a trial period with a duration of thirty (30) days. No remuneration is due during the trial period. Customer may terminate the Agreement at any time during the Trial Period. comoon tech will notify the Customer in good time of the expiry of the trial period.

c. The right of both parties to extraordinary termination for good cause shall remain unaffected.

d. The termination of the contract must be made in text form. It can also be done via the corresponding function of the Stripe portal.

Force majeure

a. Neither party shall be obligated to perform any term or condition of this Agreement so long as such service delivery is delayed or prevented by force majeure, such as. wars, acts of terrorism or threats thereof, governmental laws, orders, requirements or actions, hostile or inimical acts of government, strikes, epidemics or pandemics, lockouts, labor or employment disputes, civil disturbances, fires, floods, accidents or failures of network connections, electrical power or telecommunications services, provided they are beyond the reasonable control of either party and are not due to the fault or negligence of the respective party.

b. If any of these conditions results in either party's failure to perform any obligation set forth in this Agreement, such failure shall not be deemed a breach of this Agreement or a default, and the applicable time periods for service delivery shall be extended, but only to the extent and for the period that such condition exists.

Final provisions

a. Art. 312i (1) sentence 1 nos. 1 to 3 and sentence 2 of the German Civil Code (BGB), which provides for certain obligations of the entrepreneur in the case of contracts in electronic commerce, is waived.

b. Without comoon tech's prior written consent, but subject to the provisions of the Commercial Code Art. 354a HGB), the Customer may not assign or transfer the Agreement or its rights and obligations to a third party.

c. All contractual, tortious or other claims shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the corresponding national conflict-of-law rules.

d. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract shall be Berlin, Germany.

e. Should any provision of the contract be or become invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties shall be obliged to cooperate in the creation of provisions that come as close as possible to the legally effective result of the invalid provision in economic terms.
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f. comoon tech reserves the right to change the comoon tech Terms of Use with reasonable notice. The Customer will be notified of changes by email or at log-in. These shall be deemed to be agreed if the Customer confirms the Terms of Use and continues to use comoon tech's platform. comoon tech will also draw the Customer's attention to this again in the notification. All attachments are part of these Terms of Use.

Contact Us
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If you have any questions about these Terms and Conditions, You can contact us: info@zinehub.xyz