Version: June 15, 2021
2.1. The User may use the platform which is accessible under designify.com exclusively for non-commercial purposes. This means that all results from the platform (hereinafter: the Platform) may only be used privately. Use for (direct or indirect) commercial purposes is excluded.
2.2. The Operator has the right to restrict the use of the Platform without giving reasons or to block Users.
2.3. By giving consent, the User agrees that the Operator may store the User’s IP address to verify extensive use of the Platform.
3.1. The User undertakes to refrain from any actions that endanger the functionality or operation of the software. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the software, bypass security systems or access systems of the software or integrate malware into the software.
3.2. The User guarantees that he has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded photos.
4.1. Any warranty for the results of the software and its availability is excluded. If, nevertheless, a warranty claim should exist, the warranty period is six months.
4.2. The Operator is not liable for the speed of the Software, its Availability, data loss or the correctness of the results. In addition, the liability of the Operator is excluded unless the damage has been caused intentionally or through gross negligence. This does not apply in cases of loss of life or damage to the health of a person.
4.3. The liability of the Operator is in any case limited to EUR 100.00.
5.1. All data protection information is available to the User at www.designify.com/privacy.
6.1. Legal disputes arising from this Contract are governed exclusively by Austrian law. Application of the UN Convention for the International Sale of Goods, the referral standards of the IPRG and the Regulation (EC) no. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.
6.2. The exclusive jurisdiction for disputes arising out of or in connection with this contract shall be the competent court in Vienna-Inner City, Austria.
6.3. Changes and/or additions to this Contract must be made in writing to be valid; written form is also required for departure from this formal requirement.
6.4. Should individual provisions of this Contract be void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire Contract. In this case, the contracting parties undertake to agree on a provision which is as close as possible economically to the purpose pursued by the void, unenforceable and/or invalid provision to replace the void, unenforceable and/or invalid provision.
6.5. If these Terms of Service are presented by the Operator in a language other than German, the translation was prepared by an independent specialist translator certified to ISO 17100:2015 and proofread by at least one other specialist translator. If, in the case of dispute, a court insists on a German-language contract text, then only the original German-language contract text shall be valid; under no circumstances shall a retranslation of the translated version be used.