TrendNotify Terms and Conditions of Service
General
These general terms and conditions (hereinafter referred to as “terms”) set out the rights and obligations in connection with the use of the services offered by the Provider (hereinafter referred to as “TrendNotify” or “provider”) and the TrendNotify user in connection with the utilization of the TrendNotify services, as well as the further services, applications and functions that are offered by TrendNotify, unless explicitly stated otherwise.
The TrendNotify terms and conditions solely apply as the exclusive terms and conditions. Contradictory terms or user terms that deviate from these terms shall not be recognized, unless we have recognized and have exclusively and in textform agreed to the validity of such. These terms shall also apply even where with knowledge of contradictory terms or terms of the TrendNotify user that deviate from these terms, we continue to provide our services without reservation, to the user.
Contractual Agreement
A legally binding and enforceable contract shall take effect – unless otherwise agreed – upon successful completion of the registration process.
The user has the opportunity to print these terms and conditions (the text of the contract created) at any given time. For this purpose the print function of the respective browser can be used.
The user does not have a claim to the conclusion of a contract. TrendNotify reserves the right to refuse the offer of a user to enter into a contract with them, without giving reasons.
TrendNotify users must be at least 16 years old to register a TrendNotify website. TrendNotify shall not knowingly collect information of minors or other persons who by law are not permitted to utilise our service and websites. If we become aware that we have collected personal data of minors, we shall delete this immediately; unless we are legally obligated to retain the data.
Our Services
TrendNotify provides online services which allow TrendNotify users to create and manage their own user profile (TrendNotify user accounts) for and in order to create, manage and modify their their own TrendNotify App(s) (hereinafter referred to as “TrendNotify-Apps”). The TrendNotify services enable the user to upload and publish their own contents.
All services provided by the Service Provider free of charge may be discontinued at any time. In such a case the User will not be entitled to claim the continuation of this type of service.
We shall have the right to employ the services of third parties in accordance with the respective legal provisions applicable to TrendNotify for service provision and in accordance with the commissioned data processing contract.
In order to expand its service package, TrendNotify may offer third-party services that can be integrated into the websites of TrendNotify users. Type and scope of utilisation shall also be based on the respective general terms and conditions and the privacy statement of the third-party service provider to which we make separate reference. These third-party services shall be utilised at the risk of the user; TrendNotify shall not be liable for any damages incurred through using services of third-party providers.
Before third-party services are integrated/linked, you should always check the privacy statement and terms and conditions of the relevant third-party service provider, as the integration may allow the third-party provider access to your personal data.
TrendNotify reserves the right to complement, extend, change, suspend, discontinue or improve the services offered, in particular where such measures will improve the technological standard of the services or are deemed necessary for preventing abuse. Such modifications may lead to changes in the appearance of the TrendNotify Pages. TrendNotify shall only make such modifications that it deems reasonably acceptable for the TrendNotify User or if their implementation is required by law or technological advancement.
Personal/User Data
The TrendNotify user confirms that all the personal data provided by them is true and complete. TrendNotify reserves the right to request appropriate proof of identity on a case by case basis.
The TrendNotify user is obliged to keep their personal “contact” information up to date at all times.
The TrendNotify user is required to maintain strict confidentiality regarding all login data, identification, and passwords in order to prevent third parties from accessing their login data. In the event that the TrendNotify user has reason to believe or suspects that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform TrendNotify immediately and change their login data.
TrendNotify users shall agree to receive electronic communication from TrendNotify for contractual purposes (e.g. invoices, important contractual information or significant technical changes). It is therefore very important that TrendNotify account data (“account”) is kept up-to-date. TrendNotify shall accept no liability or responsibility should you fail to receive an email notification because the email address is incorrect/invalid. TrendNotify users can revoke their consent to receive this information electronically in the future by contacting TrendNotify (privacy@trendnotify.com) at any time. In this case however TrendNotify shall reserve the right to close your TrendNotify account pursuant to point 14 and/or 3.3 of these terms.
General TrendNotify user Obligations
The TrendNotify user is responsible for all contents published, made available, provided or stored by them on their TrendNotify-App(s). The provider (TrendNotify) is under no obligation to inspect the TrendNotify sites of the TrendNotify users with regard to violations of law.
The TrendNotify user is responsible for complying with all laws that apply to them and their end-users, within the applicable jurisdiction, as well as the regulations of the Federal Republic of Germany. This also applies explicitly to any additional legal regulations regarding the operation of an online store.
Insofar as the TrendNotify user is legally obligated to fulfill information obligations (“imprint”) on their TrendNotify site (regarding their business/service/information offering), they are correspondingly under the obligation to provide that information upon initial publication of the TrendNotify site. If the TrendNotify user is a company, a natural person must be designated as the contact person for the TrendNotify site and corresponding contract. Should this contact person change at any time, TrendNotify is to be informed as soon as possible.
TrendNotify regularly performs backups of the TrendNotify servers. Individual TrendNotify sites and or the content therein can not be restored from these system backups. The TrendNotify user bears the sole responsibility for the saving and securing of their Page/site data ie. page content.
Prohibited Acts
The TrendNotify user is prohibited from undertaking any acts on the TrendNotify platform or their own TrendNotify site (e.g. submit, transmit or display any user content) that violate the law, and/or the rights of third parties or that violate the basic principles regarding the protection of minors.
The publication, spreading, offering and the advertisement or advertising of the following content in particular is expressly prohibited:
content that is pornographic, obscene or immoral in nature;
content that is in violation of relevant legislation regarding the protection of minors, that violate data protection regulations and that otherwise violate the law and/or content/services/products that are fraudulent in nature;
content that glorifies or trivialises war, terror and other acts of violence against people or animals;
- content based on based on sex, race, colour, ethnic group or social origin, language, religion or belief, political or any other opinion, birth, disability, age or sexual orientation, nationality etc. that may insult or slander other users or third parties based on;
- Content and/or communications that are deemed to promote and/or support racism, radicalism, fascism, fanaticism, hate, physical and psychological violence or illegal activity (whether explicit or implicit) or that otherwise breach the standards of common decency;
- content directed at insulting and/or slandering and/or defaming(defamation) other participants/persons or third parties;
- content, services and or products that are legally protected or encumbered with the rights of third parties (copyright/trademark protection), without being demonstrably entitled to do so.
- This obligation also applies to any links (Hyperlinks) included on the TrendNotify website by the TrendNotify user, pertaining to such content as described above, included on external platforms or services.
- Furthermore, independent of any possible legal ramifications, the following activities as concerns the setting of the TrendNotify user’s own content (e.g. via the setting of links), are also prohibited:
- the distribution and/or otherwise transmission or execution of viruses, trojans and other damaging data;
- the sending of junk, spam or scam mails as well as “chainmail”;
- Utilisation of a TrendNotify website for spam purposes and creation of free TrendNotify websites for link-building and/or SEO spam;
- the harassment of others e.g. via multiple instances of contact via a TrendNotify site without or in contravention to the reaction of the recipient,as well as the promotion or encouragement of such harassment;
- the requesting of passwords or other personal data via your TrendNotify site for commercial or illegal purposes (phishing);
- the making available, publication, offering and/or the advertisement of bonus systems, Paid4Mail-Services, PopUp-Services, Snowball systems, pyramid schemes or other similarly functioning schemes as well as engaging in unethical marketing or advertising;
- the offering of games of chance such as public sports betting, general betting and lotteries etc. without permission from the relevant authority;
- the procurement or indirect procurement of loans and private loans in a commercial manner without demonstrable permission from a relevant authority.
Furthermore, every action that could influence the normal functioning of the TrendNotify platform is prohibited.
In the event of claims(e.g. secondary liability, third party liability etc.) due to illegal content which the User has placed on a TrendNotify site, the User agrees to indemnify TrendNotify and hold TrendNotify harmless from any claim or demand(including and not limited to cease and desist orders with contractual fines, revocations, damages, rectifications etc.). In such a case the user is also under the obligation to assist TrendNotify in every manner in responding to and in the defense of such claims.
Blocking Access to your Account
TrendNotify reserves the right to block access to our services either temporarily or permanently if there are concrete indications that the TrendNotify user has violated or shall violate these terms and conditions and/or the law, or if TrendNotify has a legitimate interest in blocking access.
Furthermore a blocking of the TrendNotify access can occur if the user is more than 30 days in default on their payment. In that case TrendNotify is also entitled to apply for the deletion of the user’s’ domain name(s) at the respective registrar.
In deciding as to whether access shall be blocked, the legitimate interests of all parties shall be considered as appropriate.
Service Disruption
TrendNotify endeavors to ensure the best possible availability of the TrendNotify services. The TrendNotify user acknowledges however, that for technical reasons as well as due to the Service Provider’s dependence on external factors, (e.g. unavailability of telecommunications networks, electricity outages, hardware and/or software failure etc), the uninterrupted availability of individual TrendNotify sites cannot be guaranteed. The TrendNotify user can therefore not assert a claim for continual access to the TrendNotify sites. Access restrictions of a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination.
As regards the fee based services provided by TrendNotify, TrendNotify guarantees within the sphere of our responsibility an availability of 98% throughout the year. Regular maintenance, which can amount to up to 4 hours per week is not included in the aforementioned, calculated availability. We aim to keep the maintenance times as short as possible.
Terms of Payment
For the use of the fee-based Packages as well as optional extra services/ services from third party providers charges shall apply that shall be due in advance for a complete contractual period.
All payment methods possible shall be displayed to the user in the product information and/or during the checkout and ordering process.
Invoices for users of the TrendNotify fee-based packages and services shall be provided to the user electronically, in pdf form.
The respective invoiced amount is due in full to TrendNotify 14 days after the invoice has been deemed to have been received, unless otherwise agreed in text form.
The relevant day to determine the timeliness of payment is the day at which the amount is received by, or credited and completely available to TrendNotify.
TrendNotify processes all payments via external payment processors, including (but not limited to) Stripe. The TrendNotify user agrees that TrendNotify payments shall only be accepted via these payment processors and that they correspondingly permit the processor concerned to charge the amount concerned. Where bank transfers are concerned, this payment must be directed to the stated payment processor.
If the TrendNotify contract includes a payment method for the automatic deduction of contract extension costs, TrendNotify shall automatically deduct the invoice sum due on the day of contract extension subject to the corresponding consent of the TrendNotify user. By selecting the payment method the TrendNotify user consents to automatic deduction.
Where payment is made via bank transfer the specific purpose “reason for payment” supplied by TrendNotify must be entered on the bank transfer. If the TrendNotify user sends a bank transfer with another purpose or the wrong purpose then they are obligated to inform TrendNotify immediately and send TrendNotify evidence of proof of payment. This proof of payment must include the following details: The bank number concerned (IBAN of the sender), the name of the account holder, the payment date (Timezone), the amount, the purpose/reason for payment as entered on transfer form) as well as the bank number(recipient’s IBAN). The burden of proof as concerns payment lies solely with the TrendNotify user.
TrendNotify, the provider is also entitled to deactivate/block the user’s website(s) and prevent their access where the charges due are not paid.
TrendNotify does not accept any liability for losses, damages or loss of revenue that may be caused by the blocking of a TrendNotify Site due to incomplete or delayed payment, as long as the failure or delay can be attributed to the TrendNotify user.
Payments are due in the respective national currency i.e. EURO or USD.
Discounts and other actions can only be applied to the first term of a contract, unless otherwise stipulated. The current, applicable price shall apply to all contract renewals. We may change our offer and prices from time to time. In the event of such a change all existing, fee based contract holders shall be provided with a 6 week notice period and the changes shall take effect from the beginning of the next contractual period. If the TrendNotify user does not object to these changes within 6 weeks of the receipt of this change-notification and continues to use the TrendNotify services subsequent to the expiration of the deadline, the changes announced in the notification shall be deemed to be effectively agreed to. In the notification message we shall inform the user as to their right of objection, as well as the consequences of such an objection.
All prices include VAT. The applicable VAT rate shall be shown on the invoice. If the TrendNotify user i.e. the corresponding company is not based in Germany, but rather in the EU, the TrendNotify user shall receive an invoice in which the VAT is not shown. In that case the TrendNotify user shall enter a (valid) VAT identification number with their TrendNotify fee-based package order. In that case the TrendNotify user is responsible for the taxation (reverse charge procedure). TrendNotify user outside of Europe as well as in Switzerland receive a net amount invoice.
Chargebacks
Should a payment be back-posted by the TrendNotify user, we shall reserve the right to block the corresponding TrendNotify app(s) and/or the relevant TrendNotify account and to terminate the associated contract(s).
Resumed use of the TrendNotify app and/or the TrendNotify account shall only be possible once all outstanding sums have been settled.
Charges that TrendNotify incurs via a chargeback from a TrendNotify user, denial of payment or via the opening of a dispute claim, may be invoiced to the user. Should the TrendNotify user have questions regarding a payment they may contact the customer support teams in advance.
Should problems occur that prevent the collection/charging of the invoiced amount, TrendNotify reserves the right to only offer certain payment methods for the payment of the invoice.
Right of Revocation
Consumers are generally entitled to a right of revocation. Further information can be found in our Cancellation Policy.
In the event of a revocation of the contract by the TrendNotify user, payments received from the user shall be returned without delay and at the latest within 14 days from the receipt of the revocation. We will return your payment using the same payment method that you originally used to pay for your TrendNotify package.
Responsibility for Content
The TrendNotify user is completely responsible for all content they post. TrendNotify is not obliged to inspect the content prior to publication as regards completeness, validity, legality, currentness, quality and suitability for particular purposes.
The TrendNotify user declares and guarantees TrendNotify that they are the sole owner of all rights to the content posted by them on their TrendNotify website, or that they are otherwise legitimately authorised to do so (e.g. via written consent from the copyright holder).
TrendNotify reserves the right to refuse, block or remove the posting of content and/or content that has already been posted (including private messages) without prior notice, should the posting of the content or the posted content itself constitute or lead to a violation of these terms and conditions, or where there is clear evidence that a serious violation of these terms shall result. The legitimate interests of the TrendNotify user shall be taken into account and proportional measures to prevent and/or remove the violation shall be taken.
The TrendNotify user shall upon first request indemnify TrendNotify and hold TrendNotify harmless against all claims from third parties, against TrendNotify as a result of a violation committed by the TrendNotify user against legal regulations, third party rights(in particular personal rights, copyright and/or trademark rights), or as regards contractual duties, representations or guarantees(warranties), including the costs of a legal defense (lawyer’s fees and court costs at the applicable statutory rate). In the event of claims arising from any such behavior, the TrendNotify user is obligated to immediately and completely cooperate and clarify the situation, as well as to make all required entries accessible to TrendNotify in a suitable manner.
Contracts and Cancellations
A free TrendNotify app can be deleted by the user at any time using the settings and/or the menu on the respective TrendNotify website. A TrendNotify account can be deleted by the TrendNotify user via the dashboard settings.
Unless stipulated otherwise in the respective service description, the contract for the chargeable packages shall be extended by the same originally agreed period if the contract is not terminated one month prior to the end of the respective term.
Cancellations can be directly submitted by the TrendNotify user via https://app.trendnotify.com
Fees paid in advance shall not be refunded upon termination of the contract or deletion of the site prior to the end of the contract period.
The TrendNotify user has the possibility to change their current package. An upgrade or downgrade to another package is possible at any time.
TrendNotify may terminate the contracts with the TrendNotify user unilaterally and without stating reasons by giving at least three month’s notice. In such a case TrendNotify will refund any fees paid by the User in advance on a pro rata basis.
Either party’s mutual right to extraordinary termination for serious reasons remains unaffected.
In particular we shall have the right to terminate the contractual relationship with no notice period if circumstances allow the assumption that the TrendNotify user has intentionally or negligently committed “illicit activities” pursuant to point 6 and 13 of these terms or has breached other obligations of these terms. Such a breach and/or non-compliance can also result in further civil and criminal consequences for the TrendNotify user. Instalments paid in advance shall not be reimbursed in this case. The TrendNotify user shall be entitled to demonstrate that non-reimbursement is “unreasonable” in its case.
After termination of the contraction relationship we are no longer obligated to provide the contracted services. We can delete all data of the TrendNotify user that are located on our services. Transferring the user’s complete TrendNotify App to the servicer of a third party is not possible. It is therefore the responsibility of the TrendNotify user to store and backup the data in a timely fashion.
In addition to the rights granted by TrendNotify pursuant to these general terms and conditions, TrendNotify can take further action if TrendNotify ascertains that a security breach on the app of a TrendNotify user could lead to unauthorised disclosure of customer information, or can request that the TrendNotify user provides TrendNotify with information concerning such a breach.
Privacy Policy and Data Protection
We shall ensure that personal data of TrendNotify users is only collected, stored and processed to the extent required to render our services and to the extent permitted by legal provisions or instructed by legislators. Further information on data processing and data protection is provided in the TrendNotify data protection declaration. This is available here.
Where the data protection and privacy permission declaration of the user is collected within the framework of our services, said user shall be informed that they can revoke this declaration with effect for the future, at any time.
Within the context of the respective data protection laws, the TrendNotify user is the Client and/or the controller pursuant to Art. 4 No. 7 DGPR as regards all personal data processed by TrendNotify as processor through the services rendered by TrendNotify. The TrendNotify user shall satisfy the requirements of the data protection legislation applicable to data controllers as regards the use of TrendNotify services and in connection with these general business terms, as well as in connection with the contract provided by TrendNotify concerning commissioned data processing.
A service such as TrendNotify is subject to continuous change as regards the processing of data, the engagement of third-party providers or services. TrendNotify is constantly looking for ways to improve its services for TrendNotify users.
In this context we may also change details of data processing through our websites. TrendNotify shall inform the Client and/or the TrendNotify user in good time in the event of a scheduled change of a relevant subcontractor or in the event of a scheduled commissioning of a new subcontractor, as described in the commissioned data processing contract (“information”). Should the Client object to this change, the Contractor can terminate the contractual relationship with the Client with a notice period of at least 14 days to the end of a calendar month. With such notice period the Contractor shall give appropriate consideration to the interests of the Client. If no objection of the Client is received within three weeks of receiving the “information”, the change and/or new engagement of the relevant subcontractor shall be deemed approved by the Client.
Respective current information on the purpose, type and scope of the collection, processing and use of personal data is available in the data protection notice, which can be retrieved at any time via the “Data Protection“ link, as well as in the commissioned data processing contract.
Limitations of Liability
In cases of premeditation we, TrendNotify shall be liable for all damages caused by us.
In cases of minor negligence we are only liable for damage resulting from death, physical injury or harm to human health.
Incidentally we are only liable insofar as we have violated an essential contractual obligation. Essential contractual obligations refers abstractly to such obligations, whose fulfillment enables the proper performance of the contract and the fulfillment of such is regularly relied upon by the user. In such cases liability is limited to the replacement of foreseeable, typically occurring damage and at a maximum is restricted to the to the equivalent amount of a yearly user fee for the TrendNotify site affected.
Insofar as our liability under the foregoing provisions is excluded or limited, this shall also apply to our agents.
Liability under the Product Liability Act remains unaffected.
Concluding Provisions
The laws of the Federal Republic of Germany( with the exclusion of UN international trade law) apply – as far as is legally permissible- to the legal relationship between TrendNotify and the TrendNotify user.
If the user is a merchant, legal body of the public law, or special property under public law, the jurisdiction for all conflicts deriving from this contract is the court of jurisdiction for the business location of TrendNotify.
If individual regulations of these terms and conditions of use should be ineffective or become ineffective, that does not affect the legal enforcement of the remaining regulations.
In the event of any deviations resulting from the translation, the formulation of these terms of service set forth in the German version shall prevail.
TrendNotify retains the right to effectively change these terms and conditions at any time, also within the current contractual relationships. The user shall be informed as to such changes at least 6 weeks before the planned date of the entry into force of such changes. If the TrendNotify user does not object to these changes within 6 weeks of the receipt of this notification and continues to use the TrendNotify services subsequent to the expiration of the deadline, the changes announced in the notification shall be deemed to be effectively agreed to. In the notification message we shall inform the user as to their right of objection, as well as the consequences of such an objection. In cases of objection to these changes TrendNotify retains the right to terminate the contractual relationship with the user to the date of entry into force of the announced changes.
For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at https://ec.europa.eu/consumers/odr/.
Please be aware that TrendNotify is not obligated and currently not willing to participate in this alternative, online dispute resolution platform.
Cancellation Policy
Not happy with your TrendNotify subscription? We are sorry to see you go. You can cancel your service contract and receive a full refund within 14 days of your initial purchase. You do not need to provide a reason, though we always appreciate hearing what we could have done better.
Please contact our Customer Support Team to cancel your contract. Cancellation requests must be received in writing, to support@trendnotify.com
Your cancellation request must be received in writing within 14-days of the initial purchase in order for you to receive your refund. After the 14-day window, you may cancel your contract at any time, but no refund will be provided.
Effects of cancellation
If you cancel your contract within the 14-day window, we will process your refund within two weeks of receiving your request. We will return your payment using the same payment method that you originally used.