CleverPush is a service of the company CleverPush GmbH, Nagelsweg 22, 20097 Hamburg (in the following: „CleverPush“).
CleverPush provides its custumers with a Push-service in the form of a code, which registered custumers can embed into their website to communicate messages to their users.
CleverPush reserves the right to change these terms at any time with effectiveness even within the existing contractual relationships. About such changes CleverPush will ensure that its customers in regard to at least 30 calendar days prior to the entry into force of amendments. If the customer does not object within 30 days of receipt of the notification and continue to use the services even after the expiration of the opposition period, the changes from the deadline are considered effective agreed.
At amendments to the VAT CleverPush is entitled to this change corresponding adjustment of remuneration, without the aforesaid right to object.
3. Registration entitlement
The use of the services provided by CleverPush requires a registration as a customer. A claim to the use of the service does not exist. The service provider is entitled to reject registration request without giving reasons. Particularly CleverPush does not accept customers who operate websites in the field of adult entertainment or pornography, in the field of radical political or religious beliefs or in anything else dubious area (spam pages, etc.) or those who violate child protection legislation, data protection law and / or other rights. Registration is allowed only if the customer is of legal age and legally competent. Underage persons are prohibited to register. The registration of a legal person must be made by a legally competent and authorized to represent natural person. CleverPush reserves to be shown the relevant evidence.
The contact details queried during the registration process by CleverPush and other information must be provided complete and correct by the customer. When registering a legal person authorized to represent the natural person must also be specified. After giving all the information requested by the customer they are reviewed by CleverPush for completeness and plausibility. If the information is correct from the perspective of CleverPush and there are no other concerns, the customer receives an e-mail with a link where they can download the code of the selected service. The e-mail is considered as acceptance of the registration. Upon receipt of this e-mail, the customer is entitled under these terms and conditions to implement the service on his website.
During the registration process the customer must specify a user name and a password. With this information, after the activation process the customer can log in to to the website CleverPush.com. It is the responsibility of the customer to keep the access data including the password secret and not to make them accessible to unauthorized third parties. It is more the responsibility of the customerto ensure that the access and use of available services is carried out exclusively by the customer or by persons authorized by him. Is to be feared that unauthorized third parties have gained knowledge of the access or acquire, CleverPush must be informed immediately. The customer is obliged to keep its data (including contact details) currently. If a change in the data given during the lifetime of the service occurs, the customer must correct the relevant details immediately in his personal settings. Failing this, the customer shall notify CleverPush the changed data immediately by e-mail.
4. Ending of use / termination / blocking
The 14-day trial period ends automatically, without need for termination. The test phase is not renewed automatically and can not be extended.
The paid models have an indefinite term and may be terminated by the customer on a monthly basis with a period of 14 days end of the month. Termination shall be effected by the corresponding action in the log-in area of the customer. In addition, the termination may be given in writing or by email.
With effective date of termination the contractual relationship ends and the customer may no longer use his access and the service. CleverPush reserves the right to terminate the user name and password when the termination becomes effective.
CleverPush is entitled to terminate the contract without cause with a period of 4 weeks a month’s end.
The right to immediate termination for good cause remains unaffected for both sides.
CleverPush is entitled to block access to its services temporarily or permanently, if concrete indications that the customer violates these Terms of Service and / or applicable law or has violated, or when CleverPush has any other legitimate interest in blocking (eg late payments / reversals of debits, etc.). When deciding on a blocking of the service provider will take into account the legitimate interests of the customers adequately. In case of temporary or permanent ban CleverPush disables the service and notifies the customer of this via email.
In case of a temporary ban CleverPush reactivates the services after the specified time and notifies the customer of this via email. A permanently blocked usage authorization can not be restored. Permanently locked clients are excluded from using the services of CleverPush permanently and may not re-register.
5. Services offer and availiblity
CleverPush provides its customers depending on the chosen model different services available for use. CleverPush offers the choice of a free (“Free”) and two paid models (“Basic”, “Premium” and “Enterprise”). The registration and use of the 30-day trial period is free of charge. The paid models offer a significantly expanded range of services for a monthly usage fee. The current price for paid models can be seen in the each valid price list. The content and scope of services shall be governed by the respective contractual agreements, moreover as the functionalities available on the website cleverpush.com. For all services CleverPush guarantees in its area of responsibility an availability of 99% in the monthly average. The regular maintenance windows of the service and the website, which are every Sunday 2:00 to 4:00 PM do not fall into the calculating availability. Incidentally, there is a right to use the services offered within the framework of the technical and operational capabilities at CleverPush. CleverPush strives for an uninterruptible possible usability of its services. However, due to technical failures (such as loss of power, hardware and software errors, technical problems in the data lines) temporary restrictions or interruptions can occur. CleverPush is entitled at any time on the website change provided free of charge services to make new services available or not to charge and adjust the provision of gratuitous services. CleverPush will take each case on the legitimate interests of the customer into consideration.
6. Scope of the permitted use
The customer is responsible for the creation of the necessary in his area of responsibility for the contractual use of the services technical requirements.
In particular permit requirements may exist or may use the services or related technologies abroad are subject to restrictions. The client will comply with applicable export and import control regulations of the Federal Republic of Germany, the European Union and the United States of America, as well as all other relevant provisions. The contract of CleverPush is subject to compliance are no obstacles on the basis of national and international regulations of export and import laws and any other legal requirements.
7. Usage rights
Insofar as hereinafter expressly granted the right to use coding provided, there are no such.
CleverPush grants the customer (under the condition that the payments owed by contract has been paid in full) the non-exclusive right, limited to the term of this contract right to use the code provided in its respective agreed version. The usage authorization always applies only to the latest accessible version of the code; with the relevant code extinguish the rights to use the code in the previously released version for the future.
Furthermore, the customer shall only be entitled to copy the code provided, edit, or decompile, if permitted by law, and only then, if the requisite information is not made available at CleverPush on request of the customer.
Beyond these cases, the customer is not entitled to reproduce the provided code. The customer is not entitled to cede him passed copy of the code to third parties. In particular it is not allowed to sell the code to lend, rent or otherwise sublicense or reproduce the code publicly or making it accessible.
8. Use of paid services / Payment arrangements
The use of available within the fee-based services is paid with the monthly usage fee. The customer initiates the provision of fee-based service directly through its corresponding click on the appropriate button. Since the use of services thereafter can not be reversed and returning can not be guaranteed in such a way that the customer is no longer possible to use to return to the customer does not have a right of withdrawal regarding the use of paid services.
All the indicated charges are inclusive of applicable VAT.
The payment for the utilized by the customer fee-based services is the customer as part of the registration or specified before using the service credit card be charged or paid by direct debit or Paypal. CleverPush uses for managing payments to the service providers Digistore24. The customer receives a monthly statement on the services used by e-mail and / or can this log-in area to retrieve his.
In case of arrears CleverPush is entitled to interest at the rate of 6% to demand from consumers above the base rate and entrepreneurs interest at the rate of 9% above the base rate if the customer does not lower or the service provider proves higher damages.
9. Limitation of liability for unpaid services
If the client to cause harm by using provided free on the portal services, so CleverPush is only liable if the damage due to the contractual use of the gratuitous services has emerged, and only in case of intent (including malice) and gross negligence CleverPush.
10. Limitation of liability for paid services
In the course of using paid services CleverPush liable in accordance with the following provisions:
For damage was caused intentionally or recklessly by CleverPush or by its legal representatives, executives or vicarious agents, CleverPush liable without limitation.
In cases of slightly negligent violation of insignificant contractual obligations only CleverPush is not liable. Moreover, liability of CleverPush for damages caused by carelessness on those damages, the to occur within the framework of the contractual relationship can be typically expected (typical contractual foreseeable damage). This also applies to slightly negligent breaches of duty by the legal representatives, executives or vicarious agents of CleverPush.
The foregoing limitation shall not apply in the case of malice, in the case of bodily or personal injury, for the violation of guarantees and product liability claims.
11. Severability clause
If any provision of these Terms be or become invalid, the validity of the remaining provisions will remain unaffected. Instead of the invalid provision a valid provision shall be deemed agreed that the economy is intended by the parties closest.
12. Applicable law
13. Place of jurisdiction
If it is the customer is a merchant, a legal entity under public law or a public special asset, jurisdiction for all disputes arising from contractual relationships between the customer and CleverPush the seat of CleverPush.
14. Dispute resolution
European Commission’s online dispute resolution platform for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure in a consumer complaint office.