Terms and conditions

Published February 01, 2021. effective February 15, 2021. these terms supersede and replace all previous versions.

The terms of use are binding for all users of software, internet or services of Oxington GmbH and regulate to what extent and to what extent Oxington GmbH operates the scope with data. proposition tools for sales staff: Oxington is your partner for secure data processing.
THE MANDATORY ARBITRATION PROVISION AND GROUP EXCLUSION IN SECTION 14 (DISPUTE RESOLUTION) GOVERN THE RESOLUTION OF DISPUTES. PLEASE READ THIS PARAGRAPH. IF YOU DO NOT AGREE TO THE MANDATORY ARBITRATION PROVISION AND THE GROUP EXCLUSION, PLEASE DO NOT USE OUR SERVICES, SERVICES OR SOFTWARE PROGRAMS.
These Terms of Service („Terms of Service“), together with any applicable Additional Terms (see Section 1.2 (Additional Terms) below) (collectively, the „Terms“) govern your use of and access to the Site, Support, discussion forums or other interactive areas, services or services, and services such as huntingcat. com, inukit.co.uk, projomo.com (collectively, the „Services“ or „Services“) and Oxington software that is part of the Services, as well as any applications, including mobile applications, sample files and content files (see definitions below), scripts, command sets and related documentation (collectively, the „Software“ or „Software Programs“). If you have agreed to the Subscription Terms and Cancellation Options, they are also considered part of the Terms. The terms and conditions of the agreement and cancellation options set forth for the Software shall apply. However, the remainder of these Terms governs your use of and access to the Services and Software programs. If you have entered into another agreement with Oxington for certain Services or Software, in the event of a conflict, the terms of the applicable agreement will prevail over the Terms.

You must be at least 16 years of age to register for your own user access.

1. Your contract with oxington

1.1 Choice of law and contracting party

Oxington GmbH, a company incorporated under the laws of Germany, is your contracting party regardless of your place of residence and the Terms are governed by the laws of Germany without regard to conflict of law provisions. Oxington does not intend to limit these rights where prohibited by law.

1.2 Additional Terms

Oxington’s Services and Software are licensed, not sold, to you and may be subject to one or more of the following additional terms („Additional Terms“). If there is a conflict between the provisions in the General Terms of Use and the Additional Terms, the Additional Terms shall prevail in connection with the applicable Service or Software. The Additional Terms may be amended as described in Section 1.6 (Updates to Terms) below. Germany without regard to conflict of law provisions. Oxington does not intend to limit these rights where prohibited by law.

1.3 Enterprise or Business Users

If You have been granted an „Entitlement“ (which is defined as the right to use and access the Software and Services) by an organization or group, including but not limited to a business or other commercial entity, governmental entity, non-profit organization, or educational institution (each, an „Enterprise“) under a Business User Access Agreement, then (A) You are an „Enterprise User“ or „Business User“ of such Enterprise; (B) your user access associated with such entitlement is an „Enterprise Profile“; and (C) all references to „you“ in these Terms mean such Enterprise. If you are an Enterprise User, you agree that, by virtue of your Authorization from such Enterprise, (1) Oxington may provide such Enterprise with the ability to use, access, remove, retain and control your Enterprise Profile and all content therein, whether uploaded or imported before or after the date of the last update to these Terms; (2) your use of the Services and Software is subject to such Enterprise’s contract with Oxington; and (3) Oxington may disclose your personal information to such Enterprise. If you are an Enterprise User with permissions from multiple companies, each company may have separate company profiles associated with it. As an Enterprise User, you may have other contracts with or obligations to a Company that may affect your Company Profile or Content. Oxington is not responsible for any breach by you of such contracts or obligations. If you have not obtained permissions from a company (for example, if you have purchased a single user account and obtained permissions through this variation), (a) you are a „private user“; (b) your user profile is a personal profile; (c) you retain sole access to and control over all content in your personal account or personal profile (unless otherwise stated in the Privacy Policy); and (d) all references to „you“ in these Terms of Service mean you as an individual. If you have obtained Permissions through an Individual Subscription and from a Company, you are both an Individual User and a Company User. You are then an Individual User if you use the Permissions you received through your Individual Subscription, and you are an Enterprise User if you use your Permissions provided by an Enterprise.

1.4 Corporate email domains

As an Individual or Enterprise User, you may create a Bern User account using an email address provided or assigned to you by a company (e.g., your business email address). If the company establishes a direct relationship with Oxington, they may wish to add your account to such relationship. In this case, the Company may transfer your account to the Company’s account with prior notice. This means that Company may (A) access the account; (B) take control of the account and all Content contained therein, whether stored, uploaded or imported before or after the date of the last update to these Terms; and (C) recommend that any Non-Company Content associated with that account be moved to a new account that uses an email address not associated with Company. You, as an individual or corporate user, also acknowledge that Oxington may share your personal information, such as your name or email address, with this company. If you do not want a company to access, use, remove, retain or control an account or profile, do not use a business email address for that account. Information on how to change the email address associated with your account can be found here.

1.5 Ownership

You (as a company or individual, as applicable) retain all rights and ownership in and to Your Content. Oxington does not claim any ownership rights in Your Content.

1.6 Updates to Terms

Oxington may make changes to the Terms from time to time. If so, Oxington will notify you by revising the date at the top of the Terms. In some cases, Oxington may provide you with additional notice. You should read the Terms on a regular basis. Unless otherwise specified, the revised Terms will be effective immediately, and your continued use of our Services and Software will confirm your acceptance of the changes. If you do not agree to the modified Terms, you must stop using our Services and Software.

2. Data protection

2.1 Privacy Policy

For information about how Oxington collects, uses, shares or otherwise processes information about you and your use of Oxington’s applications and websites, please see Oxington’s Privacy Policy. You have the ability to manage information preferences here.

2.2 Access to Your Content by Oxington

To the extent permitted by law, Oxington will only access, view or listen to Your Content (as defined in Section 4.1 (Content) below) in exceptional and limited circumstances. For example, in order to provide the Services, Oxington may need to access, view or listen to Your Content to (A) respond to feedback or support requests; (B) respond to fraud, security, legal or technical issues; or (C) enforce the Terms. Oxington’s automated systems may analyze your content using techniques such as machine learning to improve Oxington’s services and software and the user experience. For more information about Oxington’s machine learning practices, click here.

2.3 Data Processing Agreement

Where Customer Information contains Personal Information and where you are considered the „Data Controller“ and Oxington is the „Processor“ for the purposes of the General Data Protection Regulation, EU Regulation 2016/679 („GDPR“), the terms of Oxington’s Data Processing Agreement („DPA“), including the standard contractual clauses approved by the European Commission, will apply to the processing of such Personal Information and are incorporated by reference into the Terms.

2.4 Special Categories of Personal Information

You agree not to use the Services and Software to collect, process or store special categories of personal data. You agree not to transfer, disclose or otherwise make available any Special Categories of Personal Data to Oxington or any Oxington Third Party Provider. „Special Categories of Personal Information“ means an individual’s financial information, sexual orientation information, medical or health information protected under health information privacy laws, biometric information (for purposes of uniquely identifying an individual), and children’s personal information protected under laws protecting the privacy of minors (e.g. e.g., via the U.S. Children’s Online Privacy Protection Act, „COPPA“)), as well as any other types of information that fall under this or a similar term (such as „confidential personal information“ or „sensitive personal information“) used in applicable privacy or personal rights laws.

2.5 Transfer of Your Personal Information

Oxington processes and stores information in the EU, EEA and other countries. By using Oxington’s programs and websites, you agree that you authorize Oxington to export your personal information across national borders and to other countries where Oxington and Oxington’s partners operate. For example, personal information collected about users in China will be exported from China.

3. Use of Services and Software

3.1 License

Subject to your compliance with the Terms and applicable law, you may access the Services and Software provided by Oxington for which you are licensed by Oxington. Your licenses expire at the end of the term set forth in your Order Document. The versions of the Services and Software available on your renewal date may be different from the versions that were available when you first purchased your licenses from Oxington. You agree that your decision to use or purchase any Software or Services is not contingent upon the provision of any future features or functionality, or dependent upon any oral or written public comments we have made regarding any future features or functionality.

3.2 Oxington Intellectual Property

Oxington and Oxington’s licensors shall remain the sole owners of all right, title and interest in and to the Services and Software. Except as set forth in the Terms, Oxington does not grant you any rights to patents, copyrights, trade secrets, trademarks or other rights with respect to the components in the Services and Software. Oxington reserves all rights not granted under the Terms.

3.3 Storage

Oxington recommends that You periodically back up Your Content to another location if the Services also provide storage and such functionality is enabled by the applicable Services. Oxington may impose reasonable technical limits on file size, storage space, processing capacity or other technical limits on Your Content. Oxington may suspend the Services until the storage limit set for your account is no longer exceeded. At the end of your license term, Oxington will use commercially reasonable efforts to allow you to transfer your content from the Services. The transfer must be completed within 30 days of the effective date of termination or the end of your license term. At the end of this 30-day transition period, Oxington reserves the right to delete your Content. You should download any Content you have stored on the Services before your license ends.

3.4 Sample Files

„Sample Files“ means files provided by Oxington that are identifiable as sample files, such as audio or video files, visual files, or other content files for use in tutorials, demonstrations, and for other testing purposes. Sample Files may not be used for any purpose other than that for which they were provided. You may not distribute Sample Files in a manner that allows third parties to use, download, extract, or access Sample Files as a stand-alone file, and you may not claim any rights to Sample Files.

3.5 Content Files

„Content Files“ means Oxington resources provided as part of the Services and Software. Except as otherwise provided in the Documentation or specific licenses (including, without limitation, Additional Terms), Oxington grants to You a personal, non-exclusive, non-sublicensable, non-transferable license to use the Content Files for the purpose of the end use (i.e., the derivative applications or products You create) in which the Content Files or derivatives thereof are embedded and intended for use by You („End Use“). You may modify the Content Files prior to embedding them in the End Use. You may only reproduce and distribute Content Files if there is an End Use. However, under no circumstances may you distribute the Content Files on a stand-alone basis if doing so exceeds the scope of definition of the End Use.

3.6 Free Memberships, Subscriptions, Offers or Trials

Oxington may offer free memberships, subscriptions, offers or trials at its sole discretion. If you are granted access to the Services and Software for free or for trial purposes, such access is subject to these Terms of Use. At any time before or during the free trial period, Oxington may, in its sole discretion, terminate the free access without notice and without any liability to you, to the extent permitted by applicable law, for any reason, including to prevent abuse of the free trial access. After the expiration of the free trial period, you may continue to use the Services or Software only by signing up for a paid subscription, if available or otherwise permitted by Oxington. During the Free Trial Period, no express or implied warranties apply to the Services and Software. All Services and Software are provided „as is“ with all defects, and no technical or other support is included.

3.7 Version Not Intended for Resale

Oxington may also refer to the Services and Software as a „trial version,“ „evaluation version,“ „not for resale version,“ or the like. You may install and use the NFR Version only during the period and solely for the purposes specified by Oxington when you provided the NFR Version. You may not use any materials you create with the NFR Version for any commercial purpose.

3.8 Other License Types

(A) Pre-release or Beta Version. Oxington may designate the Services or Software or a feature of the Services or Software as a trial subscription or pre-release, pre-release or beta version („Beta Version“). A Beta Version does not represent the final product and may contain bugs that may cause system failure or other outages and data loss. The Beta Version may not be released for commercial use. You must immediately stop using the Beta Version and destroy all copies of the Beta Version if Oxington requests you to do so. In consideration for your use of a Beta Version, you agree that Oxington may collect data about your use of the Beta Version to improve Oxington’s products and personalize your user experience, regardless of whether you have disabled data collection for non-Beta Versions. If you do not want your usage logged, you must stop using the Beta Version by uninstalling that Beta Version or using a non-beta version of the Services or Software. Any separate agreement Oxington enters into with them for the Beta Version supersedes this Section.

(B) Educational Version

If Oxington designates the Services or Software as a version for use by Educational Institution Users („Educational Institution Version“), You may use the Educational Institution Version only if You comply with the eligibility requirements set forth herein. You may install and use the Educational Version only in the country in which you meet the Educational User Eligibility Requirements. If You are located in the European Economic Area, „Country“ in the preceding sentence means the European Economic Area.

3.9 Third Party Services and Software

The Services and Software may include third party services and software, and you are responsible for complying with all applicable third party terms. Some third party terms and conditions that may apply to your use of the Services and Software are available. Access to Third Party Services and Software is provided for convenience only, and Oxington assumes no responsibility for such Third Party Services and Software.

4. Your Content

4.1 Content

„Content“ means text, information or material, such as audio files, video files, electronic documents or images, that You create or upload or import into the Services or Software in connection with Your use of the Services or Software. You may not upload any Content that is prohibited by applicable law. Oxington reserves the right to remove Content or restrict access to Content, Services and Software if any Content by you is found to violate these Terms. While Oxington does not screen all Content uploaded to the Services or Software, Oxington may use available technologies, vendors, and processes to screen for certain types of illegal Content (e.g., child pornography) or other abusive Content or conduct (e.g., patterns of conduct suggestive of unsolicited commercial e-mail or fraudulent elicitation of sensitive information, or passwords suggesting that adult Content has been made available to minors).

4.2 Rights to Your Content to Operate the Services and Software

Solely for the purpose of operating or enhancing the Services and Software, you grant Oxington the non-exclusive, worldwide, royalty-free, sublicensable and transferable right to use, reproduce, publicly display, distribute, modify (for example, to better present your Content), publicly perform and translate your Content when you upload Content to the Services or Software.

4.3 Sharing of Your Content

(A) Sharing. Some Services or Software may include features that allow you to share or publish your Content. „Share“ means to email, post, transmit, stream, upload, or otherwise make available (to Oxington or other users) through your use of the Services and Software. Other users may use, copy, modify or share your Content in many ways. Think carefully about what Content you share or post, as you are fully responsible for the Content you share.

(B) Level of Access. Oxington does not monitor or control what others do with your Content. You are responsible for setting the restrictions on Your Content and the applicable access level. If you do not set an access level for your Content, the lowest security level may be automatically selected. It is your responsibility to let other users know how to share your content and to set the appropriate level of access and sharing for your content.

(C) Comments. Any comments you submit through the Services and Software are not anonymous and may be viewed by other users. Your Comments may be deleted by you, by other users, or by Oxington.

4.4 Termination of the Right

You may revoke this license right in connection with Your Content at any time and withdraw Oxington’s rights by removing Your Content from the Service. However, it is possible that some copies of Your Content may be retained by Oxington as part of routine backups.

4.5 Feedback

You are under no obligation to send Oxington any ideas, suggestions, proposals, or bug or crash reports („Feedback“). But when you send Oxington Feedback, you grant Oxington a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable and transferable right to create, use, sell, have created, offer for sale, import, export, reproduce, publicly display, distribute, modify and publicly perform the Feedback.

5. Your account

5.1 Account Information

You are responsible for all activities that occur through your account, even if such activities are not by you or occur without your knowledge or consent. Notify Support immediately if you become aware of any unauthorized use of your Account. You may not (A) intentionally or unintentionally disclose your account information (except to an authorized account administrator) or (B) use someone else’s account. Your account administrator may use your account information to manage your access to and use of the Services and Software.

5.2 Free Account Inactivity

You are responsible for keeping your account active. This means that you must log in regularly to avoid interruptions or loss of access to the Services and Software and termination of your account. If you do not log in to your account regularly, Oxington reserves the right to assume that your account is inactive and you agree that Oxington may close it for you. You understand that upon closure, you will lose access to all Content stored in your Account. Before your account is closed for inactivity, Oxington will attempt to notify you. For the avoidance of doubt, this Section 5.2 (Account Inactivity) does not apply to paid proper accounts.

6. User Conduct

6.1 Responsible Use

Oxington communities generally consist of users who expect a certain level of courtesy and professionalism. They must use the Services and Software responsibly.

6.2 Abusive Use

You may not misuse the Services or Software. For example, you may not,

(A) use the Services or Software without or in violation of any written license or agreement with Oxington;

(B) copy, modify, make available, replay in real time (by streaming), sublicense, or resell the Services or Software;

(D) offer, use or authorize the use of the Services or Software in a computer services business, a third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a timeshare basis, as part of a hosted service, or on behalf of a third party;

(E) use the software to create any type of database or data set;

(F) access or attempt to access the Services or Software by any method other than through the interface provided by Oxington or as authorized by Oxington;

(G) circumvent any access or use restrictions designed to prevent certain uses of the Services or Software;

(H) release any Content or Oxington Customer Writings or otherwise engage in any conduct that infringes the Intellectual Property Rights of any third party. „Intellectual Property Rights“ means copyrights, moral rights, trademark rights, trade dress rights, patent rights, trade secret rights, unfair competition rights, rights of privacy, rights of publicity, and all other proprietary rights;

(I) Release Content that is unlawful, harmful, threatening, obscene, violent, abusive, immoral, libelous, defamatory, vulgar, indecent, profane, invasive of another’s privacy, hateful, or otherwise objectionable;

(J) Release content that sexualizes minors or is intended to facilitate inappropriate interactions with minors, other Oxington users, or the public;

(K) impersonate any other person or entity, or misrepresent or mislead your affiliation with any other person or entity;

(L) attempt to disable, impair or destroy the Services or Software;

(M) upload, transmit, store or make available any content, oxington client transcripts or code that contains viruses, malicious code, malware or components that interfere with or limit the functionality of the Services or Software;

(N) interfere with or impair or prevent other users from using the Services or Software (e.g., by harassing, intimidating, harassing or inciting violence or self-harm);

(O) engage in chain letters, unsolicited commercial mailings, snowballing or pyramid schemes, fraudulent elicitation of sensitive information (phishing), spamming, fraudulent activities, or other unsolicited e-mail or other messages or communications;

(P) place advertisements for products or services on the Services unless approved in advance by Oxington in writing;

(Q) use database mining or similar data mining and extraction methods in connection with the Services or Software, including data scraping for machine learning or other purposes;

(R) artificially manipulate or disrupt the Services or Software (e.g., manipulate value ratings on Behance or direct users to third-party websites);

(S) create Oxington accounts for the purpose of violating these Terms or circumventing account termination or other actions taken by Oxington;

(T) manipulate or otherwise display the Services or Software using framing or similar navigational technology; or

(U) violate any applicable law.

7. Fees and Payments

7.1 Third Party Taxes and Fees

You must pay all applicable taxes and applicable third party fees (including fees for telephone, cellular, internet service providers, data subscriptions, credit cards, foreign exchange, and foreign transactions). Oxington is not responsible for these fees. If you have any questions regarding fees, please contact your banking institution. Oxington may take any action necessary to collect any outstanding fees from you. You are responsible for all related collection fees and charges. If you are located in a country other than the particular Oxington entity with which you are transacting, your payments will be made to a foreign entity.

7.2 Credit Card Information

You authorize Oxington to store your payment method and use it in connection with your use of the Services and Software as described in your Agreement and Termination Terms. Oxington may, to avoid interruptions to your Service, participate in programs supported by your credit card provider to attempt to update your payment information. You grant Oxington permission to charge your account with the updated information Oxington receives.

8. Your warranty and indemnity obligations

8.1 Warranty

By uploading Your Content to the Services or Software, You acknowledge that You have (A) all necessary licenses and permissions to use and share Your Content, and (B) the necessary rights to grant the licenses in accordance with the Terms.

8.2 Indemnification

You shall indemnify and hold harmless Oxington and Oxington’s affiliates, subsidiaries, subsidiaries, officers, agents, employees, partners, and licensors from and against any and all claims, demands, losses, and damages, including reasonable attorneys‘ fees, arising out of or relating to Your Content, Oxington customer communications, Your use of the Services or Software, or any breach by You of the Terms. Oxington shall have the right to assume the defense of any claim, action or matter in connection with any indemnification by you with defense counsel of Oxington’s choice. You shall cooperate fully with Oxington in the defense of any such claim, action or matter.

9. Disclaimer of Warranties

9.1 Except as otherwise set forth in the Additional Terms, the Services and Software are provided on an „as is“ basis. To the fullest extent permitted by law, Oxington disclaims all warranties, express or implied, including the implied warranties of title, merchantability and fitness for a particular purpose. Oxington assumes no obligation of any kind in connection with the content of the Services. Oxington further disclaims any warranty that (A) the Services or Software will meet your requirements or will be continuously available on an uninterrupted, timely, secure or error-free basis; (B) the results obtained from the use of the Services or Software will be effective, accurate or reliable; (C) the quality of the Services or Software will meet your expectations; or (D) any errors or defects in the Services or Software will be corrected.

9.2 Oxington specifically disclaims any liability for any action arising out of your use of the Services or Software. Your access to and use of the Services and Software is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from your use of or access to the Services or Software.

9.3 If You submit Your Content to Oxington’s servers for sharing through the Services, Oxington is not responsible for: (A) loss, corruption, or damage to Your Content; (B) deletion of Content by actors other than Oxington; (C) use of Your Content by third parties on other websites or in other media.

10. limitation of liability

10. 1 Except as otherwise set forth in the Additional Terms, Oxington shall not be liable to you or to any third party for any special, intangible, incidental, indirect, consequential, exemplary or punitive damages of any kind or nature whatsoever, including loss of use, loss of data, loss of reputation, loss of revenue or loss of profits, regardless of the cause; (B) based on any theory of liability, including breach of contract or warranty, negligence or other tort; or (C) arising out of any other claim related to your use of or access to the Services or Software. Access thereto. In the event of gross negligence, willful misconduct by Oxington or Oxington’s employees, or death or personal injury, Oxington’s liability shall not be limited or excluded by any provision contained in these Terms.

10.2 Oxington’s total liability in respect of matters arising in connection with the Terms shall be limited to the greater of (A) USD 100 or (B) the total amount paid by you for access to Services or Software during the three month period prior to the event giving rise to the liability.

10.3 These limitations and exclusions in this Section 10 (Limitation of Liability) apply to the fullest extent permitted by law, even if (A) a remedy does not fully compensate you for losses or fails of its essential purpose; or (B) Oxington knew or should have known that damages were possible.

10.4 These Terms govern the entire liability of Oxington and its affiliates and your exclusive remedy with respect to your access to and use of the Services and Software.

11. Termination

11.1 Termination by You

You may terminate your use of the Services or Software at any time. Termination of your account does not relieve you of any obligations to pay outstanding fees.

11.2 Termination by Oxington

If Oxington terminates the Terms or your use of the Service(s) or Software without cause, Oxington will use reasonable efforts to notify you at least 30 days prior to termination by sending a notice to the email address you provide to Oxington and providing you with instructions on how to retrieve your Content. Please note that upon termination, you may lose access to your Content as described in Section 4.4 (Termination of Rights). Except as otherwise provided in any of the Additional Terms, Oxington may terminate or suspend your right to use and access the Services or Software at any time if.

(A) you breach any of the Terms (or act in a manner indicating that you do not intend or are unable to comply with the Terms);

(B) you fail to pay fees for the Services or Software on time, if applicable;

(C) you physically, verbally or otherwise abuse, threaten, harass or annoy Oxington or Oxington’s personnel (in such circumstances, Oxington may alternatively suspend or restrict your access to the Services or Software);

(D) you have repeatedly made complaints in bad faith or without reasonable basis and continue to do so after Oxington has asked you to cease and desist (in such circumstances, Oxington may alternatively suspend or restrict your access to the Services or Software);

(E) it is necessary for Oxington to do so for legal reasons (for example, if providing the Services or Software to you is or becomes unlawful);

(F) Oxington decides to discontinue all or part of the Services or Software (for example, if a change in law makes it impossible for Oxington to continue to provide the Services in your area); or

(G) your Free Account has not been used for an extended period of time.

11.3 Continuance

Upon expiration or termination of the Terms, some or all of the Services or software programs may cease to function in whole or in part without notice. Your indemnification obligations and Oxington’s warranty disclaimers and limitations of liability and dispute resolution provisions under the Terms will remain in effect.

12. Compliance with Trade Sanctions and Export Controls

The Services or Software and your use thereof are subject to restrictions and regulations of Germany and other jurisdictions that (A) regulate the import, export, and use of the Services and Software and (B) may prohibit Oxington from providing the Services and Software without notice. By using the Services and Software, you agree to comply with all such laws, restrictions and regulations, and you warrant that you are not prohibited from receiving the Services and Software under the laws of any jurisdiction.

13. Dispute Resolution

13.1 Procedure

In the event of any concern or dispute, you agree to first attempt to resolve the dispute informally by contacting Oxington. If a dispute is not resolved within 30 days of receipt by Oxington, any legal action arising therefrom must be resolved by a final and binding decision of an arbitration panel, including whether arbitration is required, but you may bring claims in small claims court if appropriate. Claims related to the Terms, Services or Software are permanently barred unless brought within one year after the event giving rise to the claim.

13.2 Rules of Arbitration

The arbitration will be conducted in Germany, in accordance with its Arbitration Rules. An arbitrator chosen by you and Oxington will be appointed. The arbitration shall be conducted in German or English, provided, however, that any witnesses whose native language is not German may give their testimony in their respective native language, which shall be simultaneously interpreted into English (at the expense of the Party calling the relevant witness). Judgment on the award rendered may be entered and shall be enforceable in any court having jurisdiction over you and Oxington.

13.3 No Class Actions

You may only settle disputes with Oxington individually, and you may not bring an action as a plaintiff or class representative in a class or representative action.

13.4 Restraining Order

Notwithstanding the foregoing, you agree that Oxington may sue in any court for injunctive (or appropriate) relief if you or others unauthorizedly access or use the Services and Software in violation of the Terms.

14. audit rights

Companies agree that no more than once every twelve (12) months, upon seven (7) days‘ notice, Oxington shall have the right to engage Oxington’s personnel or an independent third party bound by a duty of confidentiality to audit (including a manual audit and/or electronic methods) your records, systems and equipment to confirm that the installation and use of any Services or Software by you is in accordance with the terms of any valid licenses from Oxington. In addition, within 30 days of a request to do so, you must provide Oxington with all documentation and information requested by Oxington to enable Oxington to ensure that the installation and use of any Services and Software by you is in accordance with the terms of any valid licenses from Oxington. If verification indicates that sufficient licenses have not been purchased for the Services and Software, promptly purchase all required licenses, subscriptions, and maintenance and support for the past period. If the underpaid fees exceed 5% of the value of the payable license fees, you will also pay Oxington’s reasonable costs for the review.

15. Updates to the Services and Software and Availability

15.1 Updates to the Services and Software

Oxington may change, update or discontinue the Services and Software (including certain portions or features) at any time without liability to you or any third party. However, in the case of changes to paid offerings, Oxington will use reasonable efforts to notify you of the change, update or discontinuance. If Oxington discontinues the Services or Software altogether, Oxington will use reasonable commercial efforts to allow you to transfer your Content, and you will receive a pro rata refund from Oxington for any unused fees for the Service or Software that you have prepaid.

15.2 Availability

Web pages describing the Services are accessible worldwide. This does not mean, however, that all Services or Service features are available in your country or that user-created content made available through the Services is legal or available in your country. Access to certain Services (or certain Service features, sample files or content files) in certain countries may be blocked by Oxington or foreign governments. It is your responsibility to ensure that your use of the Services is lawful or available where you use them. The Services are not available in all languages.

16. No modification, no reverse engineering

Except as expressly permitted in the Terms, you may not (A) modify, port, adapt or translate any portion of the Services or Software or (B) reverse engineer (including, but not limited to, monitoring or accessing the inputs and outputs flowing through a system or application), decompile, disassemble or otherwise attempt to discover the source code, data representations or underlying algorithms, processes or methods within the Services or Software or any portion thereof. If you are entitled under the laws of your country to decompile the Services or Software to obtain information necessary to operate the licensed portions of the Services or Software in conjunction with other software, you must first have requested such information from Oxington. Oxington may, in its sole discretion, provide you with such information or impose reasonable conditions on your decompilation of the Services and Software, including a reasonable fee, to ensure that Oxington’s proprietary rights in the Services and Software and the proprietary rights of Oxington’s suppliers are preserved.

17. Other Provisions

17.1 Notices to Oxington

You may send notices to Oxington at the following address: Oxington GmbH, Kressenweg 39, 12623 Berlin -Germany.

17.2 Notices to You

Oxington may provide notices to you by email, regular mail, postings on the Services, or other legally permissible means. It is your responsibility to keep your account information up to date so that you can receive notices.

17.3 Assignment

You may not assign or otherwise transfer the Terms or any of Your rights or obligations under the Terms, in whole or in part, without Oxington’s written consent. Any such attempt shall be void. Oxington may assign Oxington’s rights under the Terms to a third party.

17.4 Terms of Agreement for Government Entities

If you are a U.S. Government Entity or the Terms are subject to the Federal Acquisition Regulations (FAR), the Services and Software provided pursuant to the Terms are „commercial items“ within the meaning of 48 C.F.R. § 2.101, consisting of „commercial computer software“ and „companion materials for commercial computer software“ and related services within the meaning of 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202, respectively, as applicable. In accordance with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, U.S. federal agencies are provided, as End Users, with a license over commercially available computer software and documentation related to commercially available computer software (A) solely as an article of commerce and (B) solely with such rights as are granted to all other End Users pursuant to the terms and conditions set forth herein. Unpublished rights are reserved under the laws of the United States of America to Oxington GmbH, Kressenweg 39, 12623 Berlin, Germany.

17.5 Headings

Headings used in these Terms are for convenience only and are not used to explain meaning or intent.

17.6 Partial Invalidity

If any provision of the Terms is found to be invalid or unenforceable for any reason, the remainder of the Terms shall remain in full force and effect.

17.7 No Waiver of Rights

Oxington’s failure to enforce or exercise any of the provisions of the Terms shall not constitute a corresponding waiver.

17.8 Force Majeure

Neither party shall be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Oxington) under the Terms if the delay or failure is due to unforeseen events occurring after the effective date of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockades, wars, terrorism, riots, natural disasters, denial of governmental or other governmental authority, if such event prevents or delays the affected party from performing its obligations and such party is unable to prevent or remedy the force majeure at reasonable cost.

18. DMCA and EUCD

Oxington recognizes the intellectual property rights of others and expects its users to do the same. In response to clear notices of copyright infringement, Oxington will respond in accordance with the United States Copyright Act („DMCA“) if copyright infringement falls within the scope of the DMCA. As Oxington hosts all services exclusively in Germany, the European equivalent, the European Copyright Directive („EUCD“), applies in the first instance.