User agreement

This statement was written in German. If you are facing inconsistencies between the translated version of this statement compared to the German version, always the German version shall prevail.

Important Note

Deon is used for online collaboration between computer users and enables the integration of various data in a visual representation. Use of Deon is subject to the terms and conditions of the following agreement.

Introduction

This document comprises an agreement between the Deon user and the company DEON GmbH & Co. KG, Ella-Kay-Str. 22c in 10405 Berlin, Germany (referred to hereinafter as "DEON"). The agreement also applies to companies affiliated with DEON.

Deon refers to the services and programs offered by DEON under the domains operated by DEON (deon.de, deon.eu, etc.) and its sub-domains as well as aliases.

By operating and using Deon, you accept the terms and conditions of this agreement. You are obligating yourself to use Deon exclusively in compliance with the following terms and conditions.

1. Subject Matter

Deon is available in two variations for use:

  1. As a free platform for creating and collaborating on content in closed user groups for personal use or evaluation
  2. As a pay platform for creating and collaborating on content in closed user groups within the scope of commercial use

The fees for using Deon are listed in the license overview on the Deon website and are binding. These fees are due immediately upon invoicing for the entire term and can be paid with the indicated payment procedure. DEON can send invoices and payment reminders via email. If payment for a fee cannot be obtained, then the user will bear all the resulting costs.

Deon may only be used within the framework of the offered possibilities. All other uses require the prior, written approval of DEON.

With Deon, DEON is providing a technical application for content exchange and user cooperation. There is no content-related involvement on the part of DEON.

The user accepts the fact that 100% fail-proof provision of applications is not possible and that provision can be hindered by events of an internal (e.g., maintenance work, security interest) and external (e.g., power and network outages) nature. This also applies to Deon. However, DEON will attempt to achieve the highest possible system stability and constant availability for the offered services.

Deon, all of the elements it contains and all associated content – with the exception of the user transmissions and to the extent that nothing else has been designated – belong to DEON or are licensed to DEON. All copyrights and other industrial property rights, regardless of their form, will remain with DEON and the licensors of DEON at all times.

DEON retains the right to implement modifications to the offered services and other services, if this is reasonable for the user.

2. Rights and Obligations of the User

You may use Deon for your own purposes ("use" means accessing and executing the offered services and programs).

Completion of the Registration process signifies a proposal on your part to conclude an agreement regarding the use of Deon. DEON will accept this proposal by setting up your user account. This acceptance will mean that the agreement between you and DEON has been concluded.

In order to be able to register as a user, you have to provide personal information, which must be truthful. We recommend that you keep your password secret in order to prevent misuse. Each user may only register once and only create one user profile.

Customer grants Deon the right to add Customer's name and company logo to its customer list and website. Except for the foregoing, neither party may use the other party's name or logo without the other party's prior written consent.

Please note that you are responsible for your activities on the platform. Any responsibility for said actions on the part of DEON is excluded.

You are obligated to comply with the laws valid in your country for the entire time that you use Deon, especially when configuring content and communicating with other users.

In addition and independent of the legal situation, you are not allowed to:

  • Use content that is pornographic, vulgar, obscene, abusive, hurtful, slanderous, pestering, threatening, hateful, racist or in any other way objectionable;
  • Bother other users with mass content (especially SPAM)

Furthermore, all users are not allowed to do the following:

  1. Rent, lease, sublicense, lend, sell, transfer, copy, modify, adapt, connect to other programs, translate, convert to a different programming language, conduct reverse engineering of the various manufacturing steps of the software, decompile or create derived works of Deon or elements of Deon either by yourself or through third parties, unless this is expressly permitted in this agreement or by compulsory laws.
  2. Copy or conduct trade with Deon or elements of Deon in any way or allow third parties to do this, unless this is expressly permitted in this agreement.
  3. Activate Deon or elements of Deon with mechanisms, scripts or other software (e.g., robots or crawlers) that are not necessary for proper use of the platform. However, this does not impact the use of interfaces and software that Deon provides for programmatic access (e.g., APIs).
  4. Conduct any activities that negatively impact or excessively strain the function and/or infrastructure of Deon.

If you notice that other users are using Deon in an illegal or non-contractual (improper) manner, then you can notify DEON using the platform's contact form.

3. Term and Cancellation

The free services can be cancelled at any time by the user without an indication of reasons. The Delete Account function on the Plan page can be used to cancel the services; alternatively, services can be canceled with a corresponding message sent via the platform's contact form or a letter sent to DEON. The registered email address must be provided. After the cancellation, all content published by the user can be deleted by DEON.

The pay services are offered within the framework of a subscription. The booked minimum period of use is prolonged by a period equaling the same amount of time if the user does not cancel the subscription in due time. The services can be cancelled without notification at the end of the respective current period without an indication of reasons. The Delete Account function in the user's Admin Area can be used to cancel the services; alternatively, it is sufficient to send a message to DEON using the platform’s contact form or to send the Company a letter. The registered email address must be provided. After the cancellation, all content published by the user can be deleted by DEON.

Both contracting parties are entitled to cancel for a compelling reason both the free as well as the pay services. A compelling reason exists when continuation of the contractual relationship up to the agreed-upon end of this relationship or up to the end of a cancellation period cannot be expected from the cancelling party taking into account all the circumstances of the individual case and under consideration of both parties' interests. Compelling reasons exist in particular when:

  • The user does not comply with legal regulations;
  • The user violates provisions of this agreement;
  • The user harms other users or the platform.

If a compelling reason exists, DEON is entitled, in addition to the cancellation, to warn the user, delete the user's contents and block the user's access.

The user's claim to reimbursement of fees paid in advance lapses if DEON must implement measures resulting from the existence of a compelling reason.

4. Right of Revocation for Consumers

If you use Deon as a consumer in the sense of the law (section 13 of the Civil Code, BGB Germany), then the following terms and conditions apply to you:

Right of revocation: You can revoke your contractual statement within 14 days without an indication of reasons in text form (e.g., letter, email). This period will begin after receipt of this revocation in text format, however, not before the agreement has been concluded and not before fulfillment of our information obligations according to article 246 section 2 in connection with section 1 paragraph 1 and 2 of the Introductory Statute to the Civil Code as well as our obligations according to section 312e, paragraph 1, clause 1 of the Civil Code in connection with article 246 section 3 of the Introductory Statute to the Civil Code. Sending the revocation in due time is sufficient to guarantee the revocation period. The revocation must be sent to:

DEON GmbH & Co. KG
Ella-Kay-Str. 22c
10405 Berlin
Email: invoice@deon.de

Revocation consequences: In the event of a valid revocation, services already received and any profit derived therefrom (e.g., interest) must be returned. If you are not able to return the received services to DEON in whole or in part or are only able to return the services in deteriorated condition, then you must compensate DEON for lost value, if necessary. This may result in you having to nevertheless fulfill the contractual payment obligations for the period up to the revocation. Obligations regarding reimbursement of payments must be fulfilled within 30 days. The period will begin for you with the sending of your declaration of revocation; for us this period will begin upon receipt of said declaration.

Special note: Your right of revocation will lapse prematurely if the contract has been entirely fulfilled by both sides upon your express wish before you have exercised your right of revocation.

5. Support and Customer Service

Users can employ the platform's contact form to send questions, instructions and comments about Deon, the services offered or contractual aspects.

6. Warranty

The program is provided for use in as-is condition. There is no guarantee or warranty of any kind.

In particular, there is no guarantee or warranty in regard to the quality and suitability of the program for a specific purpose. DEON is not liable for any errors or for any necessary service features, repairs or adaptations.

7. Indemnity

The user agrees that he/she is solely responsible for his/her activities on the platform and hence for fulfilling his/her obligations within the framework of this agreement.

The user indemnifies DEON from all claims, including claims for damage compensation, which are enforced by other users or other third parties against DEON due to the Deon user's behavior. This applies in particular to cases where the setup, creation and communication of contents as well as the use of the offered communication options violate the rights of other users or other third parties. In these cases, the user will bear the costs incurred by DEON, including costs incurred for mounting a legal defense.

If the user violates the rights of third parties due to his/her usage behavior, then he/she will immediately cease this illegal or non-contractual (improper) behavior, at the latest after being requested to do so by DEON.

8. Data Privacy

The personal data requested during platform use will only be collected in order to enable the operation of Deon's services requiring registration. The data will be collected, processed and used in compliance with the Federal Data Protection Act (Bundesdatenschutzgesetz, Germany). In no case will these data be provided to third parties for marketing or advertising purposes.

Within the framework of continuous improvement of the offered services, the data will be collected, saved and analyzed through platform use. This will be assumed by DEON itself or by authorized service providers, including the web analysis service Google Analytics by Google Inc. The user declares him/herself in agreement with this procedure.

Many of the publicly accessible pages of the platform (e.g., the home page at Deon.com) contain program components by third-party providers (e.g., Facebook, Inc.), through which the user can interact with the third-party provider's page (e.g., Facebook's "Like" button). The data exchange that takes place here is not within DEON's sphere of influence. The user declares him/herself in agreement with this procedure.

9. Final Provisions

This document comprises the entire agreement between the user and DEON in regard to Deon and replaces any previous existing verbal or written promises, agreements or concordant assumptions in regard to the product.

Any invalid provisions of these agreements will be replaced by provisions that are similar in intent. The remaining agreements will remain valid in every case.

DEON is entitled to revise this agreement at any time. DEON is obligated to inform the user about the revision in a timely manner. If the user does not object to the modified agreement within 6 weeks, then the changed agreement will be considered as having been accepted.

The user agrees that DEON may send him/her messages via email, regular post or notifications on the Deon website, including messages that regard changes of the terms and conditions.

The terms and conditions of this agreement are also directly applicable to third-party suppliers, branches, affiliates and subsidiaries of DEON – to the extent that they also refer to third-party suppliers, branches, affiliates and subsidiaries of DEON.

This agreement is subject to the laws of the Federal Republic of Germany with the exception of the UN Convention on Contracts for the International Sale of Goods and the International Private Law.