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Terms of Service

1. Scope

1.1 These Terms of Use apply to each user who has registered for SAiNT and uses the snippet generator or API of SAiNT to implement or develop projects based on or using these. The agreement between

Investitions- und Marketinggesellschaft Sachsen-Anhalt mbH
Am Alten Theater 6
39104 Magdeburg, Germany

(hereinafter IMG) and the user of the API provided under saint.tech comes into effect upon registration of the user.

1.2 These Terms of Use also form the framework for future agreements with the user, without IMG having to indicate this separately. The user confirms these Terms of Use during first access to the snippet generator or the API.

1.3 Individual written agreements that IMG enters into with the user take priority over these Terms of Use.

1.4 “Written form” according to these Terms of Use corresponds to section 12c of the German Civil Code (BGB). Unless otherwise specified in these Terms of Use, explanations may be submitted in text form (section 126b BGB).

2. Licence

2.1 During the term of the usage agreement, IMG grants the user a free, simple, non-transferable, non-sublicensable, worldwide and irrevocable right to use the API and the snippet generator.

2.2. The API and the snippet generator are provided in the form as set out in the associated documentation (the documentation can be accessed here).

2.3 The user may permit its employees and contractors to use the API under the following conditions: a) these persons comply with the Terms of Use and b) usage takes place solely for the benefit of the user. The user is responsible for the persons acting for it. Only the user itself is permitted to use the snippet generator.

3. Licence Restrictions

3.1 Unless expressly permitted, the user must not directly or indirectly do the following (and must also not permit third parties to do so):

  1. sublicense, sell, resell, transfer, assign, share, lease, rent, distribute, use for commercial purpose externally, outsource on the basis of a timeshare or use the API as a service company, in an ASP or MSP environment or otherwise generate revenues from the API.
  2. attempt to obtain source code and underlying functions of any parts of the API by means of “reverse engineering” or other methods;
  3. modify, adapt or translate the API or parts thereof; d. modify notices of ownership rights that appear in the API, the services or parts thereof;
  4. use the API or services in such a way that applicable laws or regulations (including execution provisions and restrictions, national security checks and regulations) are violated, or use the API against the licence in section 2;
  5. use the API to store, download or transfer harmful, defamatory or in some other way unlawful or prohibited material or malicious code;
  6. carry out phishing, spamming, denial-of-service attacks or other fraudulent or criminal activities;
  7. use the API to impair the integrity or performance of systems of third parties or of the offers or data contained therein;
  8. use the API for carrying out penetration tests or vulnerability analysis;
  9. attempt to obtain unauthorised access to the API or underlying services;
  10. sell the data accessible via the API.

3.2. The API may only be used as described in the documentation.

3.3 IMG can monitor the use of the API by users and prohibit use with immediate effect if it concludes that the user is violating the provisions in section 3 or is committing other legal violations in connection with the usage. The above applies in the same way to the use of the snippet generator.

4. Restrictions on the Integration of Generated Snippets

4.1 SAiNT provides users with the possibility to generate snippets, which can be integrated into their own websites. The use of SAiNT is not permitted on websites that in terms of their content or form violate applicable law or contravene common decency. It is, in particular, not permitted to integrate SAiNT into websites that present, concern or contain the following:

  1. racism,
  2. glorification of violence or extremism of any kind,
  3. calls for and instigation of criminal acts and violations of the law, threats of bodily injury, death or damage to property,
  4. incitement against persons or companies,
  5. defamatory statements, slander, defamation and libel of users and third parties, as well as violations of fair competition,
  6. copyright-infringing content or other infringements of intellectual property rights,
  7. sexual harassment of users and third parties,
  8. pornography or
  9. offensive, sexist, obscene, vulgar, hateful or vile materials and expressions.
  10. 5. Scope and Provision of the API

    5.1 IMG is entitled to update, upgrade, or downgrade the API at any time and to limit the number of requests to or the traffic via the API, or to change the API into another form.

    5.2. IMG does not guarantee the provision of the API. In particular, IMG is not obliged to ensure interoperability between the user’s applications or other software.

    5.3 IMG is not obliged to provide maintenance or support in connection with the API or to guarantee a certain minimum availability of the API.

    5.4 IMG can, at its own discretion, support API users in developing their applications, for example by providing test instances, assisting with questions on the API, by providing security and data protection reviews or other services if IMG considers these to be necessary.

    5.5. IMG is entitled to revoke use of the API at any time with immediate effect.

    6. Obligations of the User

    6.1. The user grants an assurance that it shall only use the offerings of SAiNT.tech, including the API and other services, in accordance with the applicable laws and other regulations.

    6.2 The user is obliged to inform IMG of a functioning email address at which the user can be contacted. A change of email address must be communicated to IMG immediately.

    6.3 In the event of non-authorised use of an API key provided to the user by IMG or a known or suspected security breach, IMG must be informed immediately. The user shall be liable for each unauthorised use of the API or other offerings.

    7. Confidentiality and Usage Data

    7.1 Users of the API are aware that, in the context of using the API, they may obtain knowledge of certain information that refers to the business activity of IMG. This, in particular, may be unpublished information on the API, its performance and functions.

    7.2 The user is obliged to protect this confidential information and not to forward it to third parties (unless otherwise agreed according to this usage agreement). This does not apply to information that has verifiably already been published or is otherwise known.

    7.3 IMG is permitted to collect and process data that relate to the provision, use and fulfilment of different areas of the API and other services of saint.tech. IMG is entitled to use this data to improve and further develop the API and other services. Furthermore, IMG has the right to pass on this data – in anonymised and aggregated form – within the framework of its business operations.

    8. Property Rights, Feedback

    8.1 IMG and its contractors remain the owners of all rights, including copyrights, rights to databases and all intellectual property rights in connection with the API. The user acknowledges that these terms of use do not grant it an ownership right to the API or other services of saint.tech.

    8.2 Users of the API can make suggestions to IMG regarding new functions and features of the API. IMG is free to take this feedback into consideration. Users of the API grant IMG a free, completely compensated, unlimited and sublicensable right to use such feedback for any purposes.

    9. Data Protection

    Information on data protection is available in our data privacy statement.

    10. Remuneration

    10.1 The granting of usage rights according to section 2 takes place free of change.

    10.2 Unless otherwise agreed in writing, the user shall bear the costs that it incurs in connection with using the API or the snippet generator. These comprise, for example, the integration of the snippet into existing websites or the implementation of software based on the API.

    11. Duration and Termination

    11.1 The usage agreement generally runs for an indefinite period and can be terminated by both parties with a notice period of three months.

    11.2 This is without prejudice to the right to an extraordinary termination for an important reason. Important reasons are, in particular, infringements of the Terms of Use, the licensing terms in section 3, and the integration terms in section 4.

    11.3 All terminations must be made in text form.

    11.4 Upon termination of the usage agreement, access to the API and to the login area of saint.tech is blocked for the user.

    12. Liability

    12.1 All of the rights granted to the user to use the API refer exclusively to the respective data provided by IMG via the API. IMG does not accept any responsibility for the accuracy, completeness and up-to-dateness of the data retrieved through the API.

    12.2 IMG does not accept any responsibility for or provide any guarantee of the uninterrupted availability of an API, the availability of the API at a specific time, as well as the security of the data outside of the legally assignable area of IMG. Moreover, IMG shall not be liable for damages occurring due to the non-usability of services of internet providers and service providers or due to the improper functioning of external transmission lines.

    12.3 With the exception of damage due to injury to life, body or heath as well as damage based on the infringement of essential contractual obligations (i.e. those obligations the fulfilment of which enables the proper execution of the agreement and on compliance with which the user relies and also should be able to rely), IMG shall only be liable for damages caused by IMG intentionally or due to gross negligence. In terms of amount, liability shall be limited to compensation of the typically foreseeable damages.

    12.4 The user shall indemnify IMG and its respective employees and vicarious agents on first request from any claims of third parties based on an infringement of the user’s obligations arising from the Terms of Use, unless the user is not responsible for this infringement. This indemnification also covers the legal defence costs of IMG against these claims, including reasonable legal fees.

    13. Changes to the Terms of Use

    13.1 IMG can change or update these terms of use at any time, provided that these changes do not amount to concluding a new contract.

    13.2 Changes to the Terms of Use shall be announced to users of the SAiNT platform in text form at least six weeks in advance of the intended entry into force. Users can object to the change before it comes into force.

    13.3 The changes are deemed to be accepted if the user does not object to them before the date of their intended entry into force. In the event of an objection in good time, the usage agreement ends on the date the change enters into force. IMG shall expressly inform the user of this.

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