GENERAL TERMS AND CONDITIONS for the Products and Services offered by Butleroy
We, the team of Butleroy GmbH, Industriezeile 35, 4020 Linz, Austria (“Butleroy”), are pleased to see you being interested in our products and we are confident that our Apps and the Butleroy platform can help you to improve your work-life balance and manage your time efficiently.
Please read the following T&C carefully before you make use of our services. These are our relevant general terms and conditions regarding our apps and our website, and its services, functions, content and applications.
1.1 Butleroy operates mobile apps and chat bots aiming to manage your time by creating appointments for events that matter to you.
1.2 In order to be able to use the complete spectrum of Butleroy products and services, a one-time registration is required (see Section 4, below).
2. VALIDITY OF THE T&C
2.1 Butleroy offers various products including mobile apps and chat bots on the basis of these T&C. By registering, the user consents to the validity of these T&C and any agreements incorporated therein by reference.
2.2 Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these T&C.
2.3 These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for Butleroy’s products and services. In particular, the Butleroy online offering will be accessible via the following domains: butleroy.com
2.4 These T&C shall be valid until cancelled in the currently valid version as of 03 March, 2017.
2.5 Solely the German version of these T&C is binding.
3. SUBJECT OF THE AGREEMENT
Currently, Butleroy essentially offers its users the following applications and information in several languages:
3.1 Butleroy website:
3.1.2 Links to mobile apps & chat bots
3.1.3 Blog: Presentation of company information, products and news in long form
3.1.4 Other Content:
Press: Description of Butleroy intended for media
Links to various social media profiles
3.2 Mobile applications;
3.2.1 Butleroy offers applications for Apple iPhones, Android phones and other smartphones on a global scale.
3.2.2 These applications are used on the smartphone as well as in connection with the Butleroy platform.
3.2.3 Relevant data is transmitted from the smartphone to the Butleroy platform. Subject to user consent the data may be shared with other social networks (e.g., Facebook), respectively.
3.2.4 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Butleroy platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
3.2.5 The mobile applications are only available to users of smartphones. The basic functionality of the mobile applications is available for free.
3.2.6 Additional terms and conditions on the part of the mobile phone-providers apply.
3.3 Chat bots;
3.3.1 Butleroy offers chat bots for third-party messaging apps (e.g., Telegram). The chat bot is available on all platforms where supported third-party messaging apps are available.
3.3.2 These chat bots are used within the third-party messaging app as well as in connection with the Butleroy platform.
3.3.3 Relevant data is transmitted from the third-party apps to the Butleroy platform. Subject to user consent the data may be shared with other social networks (e.g., Facebook), respectively.
3.3.4 The user hereby confirms the user’s knowledge that as a result of the transmission of data to the Butleroy platform, certain costs will be incurred that have to be borne by the user.
3.3.5 The chat bots are only available through third-party messaging apps. The basic functionality of the chat bots are available for free.
3.3.6 Additional terms and conditions on the part of the mobile phone-providers apply. Additional terms and conditions of the third-party messaging apps apply.
3.4 Other Services of Butleroy
3.4.1 Butleroy will send newsletters to registered users. By accepting these T&C, the user allows Butleroy to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Butleroy.
4.1 In order to be able to use the Butleroy platform, a one-time, free registration is required.
4.2 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Butleroy. Minors may only register with Butleroy subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to email@example.com.
4.3 By registering, the user confirms its knowledge and the unlimited recognition of the content of these T&C.
4.4 Each user shall register with Butleroy once only, and confirms with its registration that it has not registered an account with Butleroy before and has not deleted a previously activated user account.
4.5 Subject at all times to Section 13 hereof, a user can register in one of two ways:
4.5.1 Registration by use of the registration form provided by Butleroy:
For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible.
4.5.2 Adoption by Butleroy of registration details provided by the user in social networks such as Facebook or Google G+ or Twitter:
Registration via such social networks requires the user to confirm that the selected details, which the user previously provided on these social networks, shall be adopted by the Butleroy network. The user can subsequently add to or reduce such details in such user’s profile within the Butleroy applications. The user can subsequently add other social networks to provide more information these social networks.
4.6 Following successful registration, the user can log on to the Butleroy platform by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via the chosen social network.
4.7 If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these T&C, Butleroy may delete the corresponding account within a period of seven days.
4.8 Butleroy reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
4.9 Butleroy is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., inviting to events or meeting in real life through events created via Butleroy.
4.10 Butleroy allows to connect to multiple different calendar services. Such calendar services are Microsoft Outlook, Google Calendar, Apple iCloud Calendar and others. By connecting Butleroy with any such services the user allows Butleroy to use and analyse the calendar data. The calendar data will not be shared with other users of the platform. The calendar data may be processed and analyzed in an anonymized way i.e., individual users cannot be identified via such data.
5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
5.1 Fraud protection.
5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at firstname.lastname@example.org of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
5.1.2 Butleroy will not refund any amounts paid by you to Butleroy before you report an unauthorized or fraudulent use of your account.
5.1.3 Butleroy has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
5.2 Promotions and Free Offers. Butleroy may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
6.1 Each user shall have the right to terminate the use of Butleroy at any time by sending an email at email@example.com. Butleroy shall confirm such termination vis-a-vis the user.
6.2 Additionally, Butleroy reserves the right to terminate a user’s account for important reasons, such as due to gross breaches of the user‘s obligations.
6.3 As a result of any termination pursuant to this Section 8 or cancellation pursuant to Section 9 hereof,
6.3.1 all personal details provided by the user upon registration shall be deactivated. Any details made public by the user, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
6.3.2 upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to firstname.lastname@example.org, which shall include the email address provided to Butleroy upon registration or the email address linked to the social media service that was used for registration.
7. SPECIAL CANCELLATION RIGHT FOR CONSUMERS
7.1 Application of Consumer Laws. If you as a User are registered on the Butleroy platform for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):
7.2 Right of Withdrawal from Contract. You may cancel your agreement with Butleroy in writing, e.g., by letter or email, within 14 days from the later of the date (i) on which the agreement was entered into and (ii) of receipt of any physical products you may have ordered, in each case without stating any reasons. You can cancel the agreement by sending your notification to:
Industriezeile 35, 4020 Linz
7.3 Consequences of Cancellation. In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to Butleroy in full or in part, you are obligated to reimburse Butleroy for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.
8. USER OBLIGATIONS AND CONDUCT
8.1 Each user of the Butleroy platform must
8.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
8.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Butleroy that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
8.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
8.1.4 not to send mass invitations and spam invitations via the Butleroy platform.
8.1.5 not carry out any disrupting interferences in the Butleroy network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Butleroy’s software or hardware;
8.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
8.1.7 provide prompt notice via email to email@example.com of any detected breaches of the aforementioned obligations;
8.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
8.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Butleroy shall not be responsible for any lost or impaired details.
9. BREACH OF USER OBLIGATIONS
9.1 In order to ensure the proper and reliable provision of services, Butleroy imposes the following sanctions upon breach obligations by a user:
deletion of content;
temporary deactivation of user account; and
cancellation (irrevocable deactivation).
9.2 The type of sanction shall depend on the purpose, impact and type of the breach in light of Butleroy’s and the user’s interests.
9.3 In the event a user account shall be cancelled in accordance with this Section 11, the respective user shall not be permitted to register again.
10.1 Butleroy permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit and share content with other users.
10.2 The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
10.3 The user consents that marketing measures may also be taken in the proximity of content created by such user.
10.4 Butleroy shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
10.4.1 comply with statutory law, or court or administrative orders
10.4.2 ensure compliance with these T&C;
10.4.3 react to claims of breaches of law raised by third parties; or
10.4.4 safeguard the rights, property or personal safety of Butleroy, its users and the general public.
10.5 The user grants Butleroy the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Butleroy shall have the right to use, irrespective of the type of usage, all content both as part of the Butleroy platform and any other activity of Butleroy or any company affiliated with Butleroy. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Butleroy uses content created by a user outside the Butleroy platform, Butleroy shall note that such content was created by the user.
10.6 Butleroy does not claim ownership of any content created by users and will not supervise such content.
10.7 Butleroy reserves the right to delete content created by users, such as events without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 11.
10.8 Butleroy shall not be responsible for inaccurate content created by users, e.g., details regarding events etc.
12. REPRESENTATIONS AND WARRANTIES
12.1 Butleroy does not represent or warrant that the Butleroy platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
12.2 Butleroy does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
12.3 The user uses the Butleroy offering exclusively at its own risk. This applies, without limitation, to
12.3.1 the related use of any hardware, including, but not limited to the respective smartphone.
12.3.2 downloading of the user’s own and third party content; and
12.3.3 any use by the user of data created or provided by Butleroy, including, but not limited to (i) found event dates, or (ii) recommendations for actions, e.g., restaurants etc. The user explicitly acknowledges that any such data or content may contain errors, and Butleroy does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
12.4 The use of any software or hardware offered by Butleroy is no substitute for the consultation by the user of a specialized doctor. Especially in an event where regular training events are planned using Butleroy.
12.5 Additionally, Butleroy does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Butleroy does not make any representations or warranties with respect to products or services of third party providers.
13. LIMITATION OF LIABILITY
13.1 Butleroy shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Butleroy has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Butleroy shall not be liable to other businesses and shall be liable to consumers only for personal damages. Butleroy shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
13.2 Unless required by statutory law, neither Butleroy nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps or chat bots. This also applies to damages resulting from errors, problems, viruses or loss of data.
13.3 Butleroy assumes no liability for downloaded material or material obtained as a consequence of using the Butleroy platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the Butleroy platform.
13.4 The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Butleroy will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
14. INDEMNIFICATION BY USERS
14.1 The user shall indemnify Butleroy for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Butleroy platform by such user or as a result of any other usage by such user of applications available from Butleroy. The user shall bear the costs of any legal proceedings, in which Butleroy may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
14.2 In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Butleroy all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Butleroy may be entitled to bring against the user shall not be affected.
15. CHANGES TO THE T&C
15.1 Butleroy reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on the Butleroy platform.
15.2 Changes to these T&C, other than changes to Section 3 require the consent of the respective user, to whom the changed T&C shall apply. If Butleroy intends to implement such changes to these T&C, Butleroy will give the user as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the Butleroy platform, or (iii) on any other device through which the user accesses the Butleroy services. We may invite the user to accept the new T&C by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.
15.3 In the event that the user does not consent to the changed T&C, it shall not be permitted to any further use of the Butleroy platform.
15.4 Following amendment of the T&C, the continued use of Butleroy’s offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user’s consent to the amended T&C.
15.5 Subject to Sections 17.1 to 17.4, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
16.1 In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
16.2 Governing Law and Jurisdiction.
16.2.1 These T&C and all contractual relations and litigation between the users and Butleroy shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
16.2.2 Place of delivery and exclusive court of jurisdiction shall be Linz, Austria.
Last updated: 24 May, 2018