Lutendo LLC operates a software application (hereinafter referred to as the “Service”) on the Internet under the domain “Lutendo.com” that can be used via the Internet and supports entrepreneurs in their activities on trading platforms. The Service is provided by Lutendo LLC, Megobroba Ave.,N 33, apt.52, 0341 Rustavi, Georgia (hereinafter referred to as “Lutendo LLC”). These terms and conditions apply to all business relations, including future ones, between the user and Lutendo LLC. Deviating, conflicting or supplementary terms and conditions of the user (also e.g. terms of purchase, purchasing conditions) will not become part of the contract, unless their validity is expressly agreed upon at the time of conclusion of the contract. Any formal reference to the user’s terms and conditions is expressly rejected.
2. object of the contract
The subject of the contract of use is the provision of the service for the use of the functionalities to the user. The respective scope of services, namely in particular the technical functionality and the type and scope of the services offered, depends on the tariff selected during registration. The respective scope of functions of a tariff results from the service description. In addition, Lutendo LLC reserves the right to offer additional services that go beyond the selected tariff. The costs and the scope of the respective additional service are also derived from the service description and the currently valid price list. To use the service, the user must have an Internet connection, an Internet-capable terminal device and a current Internet browser, the costs of which he must pay himself. The achievement of a certain sales success on trading platforms is not the subject of the contract. Lutendo LLC only offers the possibility of using certain services, the successful use of which is the sole responsibility of the user.
3. conclusion of contract
The use of the service is only possible within the framework of a contract of use. The conclusion of a contract for the use of the service is only possible for entrepreneurs, legal entities under public law or special funds under public law. When concluding a contract of use, the user is obliged to provide only truthful information about himself and the company and to keep his data always up to date. Lutendo LLC offers the conclusion of fee-based user contracts. By filling in and sending the corresponding form the user declares that he/she wishes to conclude a contract with Lutendo LLC for the use of the services. Before sending the form the user has the opportunity to check his personal or company details and, if necessary, correct them by changing the relevant fields. Furthermore, he can check the services he has selected and change them by clicking on the corresponding selection boxes. By clicking the corresponding button, the user submits a binding offer to conclude a user contract. Lutendo LLC accepts the offer by sending an order confirmation, which also contains the access data for the services. For the conclusion of the contract both the German and, depending on the platform used, the English language is available. The text of the contract will be stored by Lutendo LLC, but is not accessible to the customer.
4. provision of the service
The service is provided to the user with activation by Lutendo LLC. The transfer point for the provision of the service is the router exit of the data center of Lutendo LLC. Lutendo LLC owes an availability of the service at the handover point of 97% on an annual average.
5. authorization of use, rights
Lutendo LLC grants the user the non-exclusive, non-licensable and non-transferable right to use the service for his own business purposes during the term of the contract. The user is not entitled to any rights not granted. In particular, the user is not entitled to allow third parties to use the service or to provide services for third parties by means of the service. This does not apply to service providers who work directly for the customer. If and insofar as a database, databases or a database work or database works are created on the server of Lutendo LLC during the term of the contract of use, the user is entitled to all rights thereto. The user remains the owner of the databases or database works even after the end of the contract.
6. fee, payment
If the use of the service is subject to a charge, the costs are based on the information in the respective price list. All prices are subject to value added tax at the statutory rate. All payments are to be made in accordance with the respective service description and can be made using the payment methods offered. If the parties agree on the payment method “direct debit”, the user will issue Lutendo LLC with a SEPA Basic Mandate / SEPA Company Mandate for the collection of the respective debt due, also for recurring payments and liabilities in varying amounts. The period for pre-notification is reduced to 1 day, if permissible. The User warrants to ensure that the account is covered. Costs incurred due to the non-redemption or chargeback of a payment order will be borne by the client as long as the non-redemption or chargeback was not caused by Lutendo LLC. In addition, Lutendo LLC will charge a processing fee of 10€ net. Invoices issued by Lutendo LLC will be issued in electronic form. The invoice will be sent by e-mail. In addition, Lutendo LLC may grant the user the possibility to retrieve invoice documents in the user account itself in file form. If the user additionally wishes to have the documents sent by post, Lutendo LLC is entitled to charge a lump sum in accordance with the price list.
7. duties and obligations of the user
The user selects access data for the purpose of using the service. The user is obliged to keep these access data secret and to inform Lutendo LLC immediately of the loss or unauthorized use of the access data by third parties. The user is not permitted to make access data available to third parties. Lutendo LLC is entitled to block access data if there is a suspicion of unauthorized use or misuse of the data. The user may only use the service for his own business purposes. The user undertakes not to use the services to advertise offers competing with Lutendo LLC, nor to collect data or contact data of third parties within the services and not to contact or enter into contractual relationships with these third parties outside the services. If the user discovers that the service is not working or not working properly, he is obliged to inform Lutendo LLC immediately in writing.
8. data protection
The parties shall observe the respective applicable data protection regulations, in particular those valid in Germany. Lutendo LLC is entitled to statistically evaluate the data of users in anonymous form and to use them for its own purposes, including advertising. This serves in particular the further development of the services.
Lutendo LLC is liable to the user without limitation in the event of intent or gross negligence for all damage caused by itself or by legal representatives or vicarious agents. In the case of slight negligence, Lutendo LLC is liable without limitation in the event of injury to life, body or health. Otherwise Lutendo LLC is only liable to the extent that an essential contractual obligation has been violated. Essential contractual obligations are those obligations which are of particular importance for the achievement of the contractual objective, as well as those obligations which, in the event of a culpable breach, could endanger the achievement of the contractual purpose. In these cases, liability is limited to compensation for foreseeable, typically occurring damage. The strict liability of Lutendo LLC for damages in accordance with §536a BGB for defects existing at the time of conclusion of the contract is excluded, the above paragraphs remain unaffected. Liability under the Product Liability Act remains unaffected.
10. term, termination
The term of the contract for a chargeable use of the service begins with activation by Lutendo LLC and runs for an indefinite period of time on a monthly basis. If the user chooses a different payment interval, the contract period will be extended to the selected payment interval. The term of a contract for a chargeable use of the service is automatically extended by the respective contract period if it is not terminated in due time. If used services, especially additional services, exceed the term of the contract, the contract cannot be terminated before the end of the term of the additional services. Termination, including that of Lutendo LLC, must be made at least in text form; for this purpose, a period of two weeks to the end of the respective term is also applicable. The possibility of extraordinary termination for good cause remains unaffected. This termination must also be in text form. If the user unilaterally ceases to use the service before the end of the notice period, his obligation to pay the remuneration remains unaffected. If the customer is not only marginally in arrears with the payment of the monthly fees or with other payment obligations, Lutendo LLC may, if the payment obligation continues, withdraw the right to use the services until the default in payment has been completely remedied and/or refuse to make use of further services for that period of time. The right of termination without notice for good cause remains unaffected in addition to the right to withdraw the right of use.
11. amendments to these GTC, transfer of rights
Lutendo LLC has the right to amend the provisions concerning the service to be provided at its reasonable discretion, taking into account technical requirements and market conditions, insofar as this is reasonable for the user. Changes to these terms and conditions will be published in the service. The user will be informed in text form about changes to the General Terms and Conditions that do not fall under paragraph 1. The amendments shall become effective unless the User objects to the respective amendments in text form no later than 14 days after receipt of the notification of amendment. The user will be informed of the significance of his silence together with the notification of change. If the user objects to the changes, Lutendo LLC is entitled to terminate the contract in due form at the end of the term. If Lutendo LLC does not make use of this right of termination, the contract will be continued under the conditions applicable up to that point.
12. final provisions
The law of the Federal Republic of Germany shall apply. The provisions of the UN Sales Convention shall not apply. If the user is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Lutendo LLC. The same applies if the user does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time of filing the suit.