1. Scope of application
1.1 The use of the online portal at www.namefruits.com (hereinafter "NF") of NameRobot GmbH (hereinafter "NameRobot" or "Operator") is based exclusively on the following General Terms and Conditions (hereinafter "GTC"). Deviating, conflicting or supplementary general terms and conditions of business shall not become part of the contract unless their validity is expressly agreed.
1.3 The General Terms and Conditions shall also apply if other websites/providers, e.g. via the NameRobot API (programming interface), provide full or partial access to NameRobot services.
2. Subject matter of the contract and description of services
2.1 NameRobot offers registered users with NF an online portal with functions for creating and evaluating project names. Current information about the exact scope of services of NF can be found on the Namefruits website (www.namefruits.com) in the description and the FAQ.
2.2 The procedure and the basic functionality of NF can be tried out free of charge by the user; a flat fee is charged per project for the generation and checking of names. The user can create any number of projects before NF starts generating the name, the user is requested to pay the resulting fees. After completion of the paid order, the user can continue with the project. The project data remains accessible to the user until the user account is completely deleted without any further fees.
2.3 Some of NF's language tools/name generators work according to complex linguistic rules and using various databases to generate words and names with the most natural sound possible. However, it can never be ruled out (this is also desirable for reasons of diversity and creativity) that unusual or inappropriate results are also output as name suggestions.
2.4 NameRobot does not warrant the accuracy, effectiveness, quality or intelligibility of the proposed names or that their use is suitable for any particular purpose intended by the user. This also includes checking whether a name has already been assigned or is already in use (e.g. as domain, trademark, company name) or whether the rights of third parties (e.g. trademark, copyright) prevent use. The scope of services does not include checking the other legal admissibility or the protectability of a result (see also Section 3.4. of these GTC).
2.5 NF is offered subject to availability. It is technically impossible to achieve 100 percent availability. However, the provider shall endeavour to keep the portal available as constantly as possible. In particular, maintenance, security or capacity concerns as well as events that are beyond the control of the provider (disturbances of public communication networks, power failures, etc.) can lead to malfunctions or temporary cessation of the NF services.
3. Obligations of the user, declaration of indemnification
3.1 The user undertakes to keep his access data (user name, password) secret and not to pass them on to third parties. As soon as the user becomes aware of this or has reason to suspect that third parties may have obtained this data, he/she will immediately inform NameRobot and change his/her data or have it changed by NameRobot. If, through the user's fault, third parties use the access data to obtain services from NameRobot or a partner, the user is liable for the damage incurred.
3.2 The user's registration details must be complete and truthful at all times. If the data provided changes after registration, the user is obliged to correct them immediately in his user account.
3.3 The User must ensure that the e-mail address provided by the User for communication with NameRobot and its partners is correct so that the User can receive e-mails sent to this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by NameRobot or the respective contractual partner can be delivered.
3.4 NameRobot cannot and may not provide legal advice on the basis of the provisions of the Legal Advice Act. It is the user's responsibility to obtain expert advice, e.g. from a lawyer, in any case, e.g. in the case of an intended use of a name generated by NF.
This applies in particular to the evaluation (NameReport). The results are for research purposes only and are not guaranteed. They are no substitute for professional legal advice.
3.5 Any activities of the user aimed at rendering NF inoperative or preventing, complicating, delaying or otherwise impairing its use are to be omitted.
3.6 The User undertakes to refrain from all measures which endanger or disrupt the functioning of the Services and from any attempts to access data to which the User is not entitled.
3.7 The user indemnifies NameRobot against all claims asserted by other users or other third parties against NameRobot for violation of their rights due to content posted by the user on NF or due to other use of NF. This exemption also includes, for example, the use of an NF generated designation (see also §2.6 and §3.4 of these GTC). The user shall also bear the costs of the necessary legal defence of NameRobot. The exemption shall not apply if the user is not responsible for the infringement.
3.8 All NF services are only intended for the user's own use or, in the case of use on behalf of third parties, also for their own use.
3.9 Failure to comply with any of the aforementioned obligations may result in immediate termination of the user account without notice and may also have civil and criminal consequences for the user himself.
4. Conclusion of contract/membership
4.1 The contract for the use of NF between the user and NameRobot is concluded upon successful registration as a user (receipt of the confirmation e-mail) subject to these GTC. Via the button "Register"/ "Try it out" the user comes to the input mask, in which he enters the registration data (e-mail etc.) online or registers via a social login (e.g. Facebook, Google). Sending the registration data represents the user's offer to conclude the user contract, which NameRobot can accept but does not have to accept. After sending the registration details, the user will receive a confirmation e-mail from NameRobot (acceptance), upon receipt of which the contract is concluded.
Orders with costs are placed via a separate order process. This is displayed to the user on his terminal. In the order process, all entries are displayed again in a confirmation window prior to the binding submission of the chargeable order and can be corrected if necessary.
The technical activation for the use of NF (activation of the user account), which enables the user to access the NameRobot portal, is done manually by clicking on the activation link in the confirmation e-mail or by releasing the data in the respective social login by the user. The registration data is stored by the provider and can be retrieved and partially changed by the user via the user account.
4.2 The registration of a legal person may only be carried out by an authorised natural person who must be named in the data provided.
4.3 Unless expressly stated otherwise by NameRobot, all memberships are for one person only and are not transferable.
4.4 In the case of services provided by partners offered via NF, contractual relationships are established exclusively between the user and the partner. In these cases, the user will be informed separately before ordering a partner offer, as well as the validity of additional general terms and conditions. In such cases, NameRobot is not responsible for the proper provision of services, but exclusively the respective contractual partner of the user.
5. Term and termination
5.1 The free membership is valid for an unlimited period until they are terminated. A cancellation of the free membership is possible at any time by both contracting parties.
5.2 A paid project can be paused and resumed by the user at any time. There is no time limit on the part of NF. NameRobot reserves the right to remove projects that are no longer used after 12 months.
5.4 The right to extraordinary termination remains unaffected. NameRobot has an extraordinary right to terminate the contract if the user fails to meet a payment obligation. In the event of extraordinary termination for which the user is not responsible, the provider will pay the user back the fees paid for uncompleted projects pro rata, according to the progress of the project.
5.5 Cancellations may be made in writing, by e-mail or, in the case of termination by the Member, via the User Account.
From the time of termination of the user contract, the user has no right to access NF. The corresponding user account is blocked.
6. Rights of NameRobot
If the user violates legal or contractual provisions, in particular these GTC, NameRobot is entitled to temporarily or permanently block the user depending on the severity of the violation or to take other suitable and proportionate measures. This does not affect NameRobot's right to give extraordinary notice of termination. NameRobot also reserves the right not to activate or delete individual contents, e.g. comments of a user, if the contribution violates these GTC, legal provisions or the rights of third parties.
7. Prices and terms of payment
7.1 The prices for projects and other chargeable services published on NF at the time of ordering apply. Unless otherwise stated, the prices stated are final prices in euros, i.e. they include all price components, including statutory VAT.
7.2 NameRobot offers the user various payment methods, e.g.:
- Credit card
- Amazon Pay
The user can choose between the payment methods specified for the respective offer.
For offers from partners whose use has given rise to a contract between the user and the partner, NameRobot may be entitled by the respective third parties to facilitate payment processing and to collect their payment claims from the user with discharging effect for the user.
7.3 A payment is deemed to have been received as soon as the equivalent value has been credited to an NameRobot account. If invoices are overdue, incoming payments are initially offset against any costs and interest, and then against the oldest receivable.
The provider is liable without limitation in the event of injury to life, body or health, in the event of intent or gross negligence, in the event of fraudulent intent and warranty promises and if the liability is based on mandatory statutory provisions, such as the Product Liability Act. In all other respects, the provider is liable for whatever legal reason as follows: If the provider has negligently violated an essential contractual obligation (so-called cardinal obligation), the obligation to pay compensation for material damage is limited to the foreseeable, typically occurring average damage. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the user may regularly rely. If the provider has negligently violated an insignificant contractual obligation, the obligation to pay compensation is limited to the order value.
The above limitations of liability apply to NameRobot's legal representatives and vicarious agents.
9. Set-off, retention, assignment
The user is only entitled to set-off if the counterclaim is undisputed, legally established or acknowledged by NameRobot. The user's rights of retention and right to refuse performance are excluded, unless NameRobot does not dispute the underlying counterclaims or these are legally binding. An assignment by the user of claims from the contract concluded with the user is excluded.
10. Final clauses
We reserve the right to make changes to these GTC. The user will be informed of the change by e-mail in good time before it takes effect. The user is entitled to object to the change in writing (e-mail, fax, letter) within four weeks after receipt of the e-mail. If the user objects, NameRobot is entitled to terminate the contract in due time. The change is considered accepted and binding if the user has agreed to the change or has not objected to it within the four-week period. In the notification e-mail, the provider refers separately to these legal consequences and the possibility of objection.
The contract language is German. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user 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 this contract shall be Munich. The same applies if the user has no general place of jurisdiction in Germany or the EU or if his place of residence or usual abode is unknown at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected by this.
Last updated: 30.04.2018
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