Terms of Service

These Terms of Service ("Agreement") are a legally binding agreement between the user or subscriber of the Services ("User" or "you") and PB Posting Boost GmbH, Im Mediapark 5, 50670 Cologne, Germany ("PostingBoost", "Posting Boost", "we" or "us"). By registering for the Services or by accessing or using the Services or Website, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not use the Services. You acknowledge that this Agreement is a contract between you and Posting Boost, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT REGISTER FOR OR USE THE SERVICES.

1. Services

1. Definition. The "Services" consist of a bundle of online marketing and management tools for social media marketing located at https://postingboost.de/ or another URL we designate (the "Website"), which includes tools for content management, content design, and content scheduling. Among other things, the Services enable Users to create and design social media posts and publish to the connected social media platforms and access an extensive array of resources, including but not limited to, an online platform and its application programming interface ("API"). If you subscribe to the Posting Boost API (“Posting Boost API”), then the Services shall also refer to the Posting Boost API. The Posting Boost API is an API that enables the interoperation of software, applications, operating systems, utilities or online services with the Website, or which may help display, download or export the information received from the Website. You may access and use Posting Boost API solely for your internal business purposes in accordance with the terms of this Agreement. If you are using the Website in a visitor (non-registered) capacity, then the Services shall also refer to the Website.

2. Updates; Additional Services. The Services include all updates, modifications, and enhancements thereto that Posting Boost elects to make generally available to its users of the Services at no additional charge (“Updates”). All Updates shall be subject to the terms of this Agreement. You may subscribe to additional products and services from Posting Boost, which shall be subject to the terms of this Agreement, including any supplementary terms made applicable to such additional products and services, or to separate terms and conditions to be accepted by you prior to subscribing to such additional products and services. If you subscribe to such additional services pursuant to such separate terms and conditions, those separate terms and conditions shall apply to such separate services to the exclusion of the terms of this Agreement, except for Section 4.1 below, which shall govern such additional subscription.

3. Third Party Sites, Services and Products. The Services and this Website may refer or link to third-party sites, products or services. Third-party sites (“Third Party Sites”) to which we link are provided to you for your convenience only and are not under our control. We are not responsible for the content available on any Third Party Sites and linking to any Third Party Sites does not imply our endorsement of any content or information on such Third Party Sites. We are not responsible for monitoring any transaction between you and any such Third-Party Sites and do not warrant, endorse, guarantee, or assume responsibility for them. We may also use third party services and products within the Services (“Third-Party Services and Products”), including, but not limited to, payment processing services, information and communication services, social media platforms, design service and photo providers. Your use of Third Party Services and Products may be subject to such third party’s terms of service to be accepted by you prior to your use of such Third Party Services and Products, including but not limited to the Unsplash Terms and Conditions, available at https://unsplash.com/terms, img.ly Terms of Service, available at https://img.ly/tos

2. USE OF SERVICES

1. Visitors and Users. You can visit the Website in a visitor (non-registered) capacity; provided, to use the Services, you must register as either a paid or unpaid User. As an unpaid User, you will have access only to certain limited functionality within the Services that Posting Boost elects to make available on an unpaid trial or free basis (“Unpaid Services”). As a paid User you will have access to certain additional features, which may include, without limitation, reporting and the ability to save your preferences and other settings (“Paid Services”).

2. Right to Use Services. Subject to the terms and conditions of this Agreement, Posting Boost hereby grants you permission to access and use the Services and the Website solely for your own internal business purposes in accordance with this Agreement and the limitations of the subscription that you select when subscribing to the Services (“Subscription”), which may be found at https://postingboost.de/en/pricing. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not and will not violate any applicable law or regulation. If you are under 18, you may not register or attempt to register for the Services.

3. Restrictions. You may not, directly or indirectly, (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Services or any portion thereof available to any third party; (b) use the Services for any purpose or in any manner that is unlawful (including without limitation in violation of any data, privacy, anti-bribery or export control laws) or is prohibited by this Agreement; (c) read or attempt to read or derive the source code of the Services or the software underlying the Services (except as permitted by law); (d) work around any technical limitations in the Services; (e) interfere or attempt to interfere with or disrupt the integrity, security, functionality or performance of the Services or its components; (f) use the Services in any manner that damages or impairs the Website or interferes with any other party’s use of the Services; (g) modify, translate, adapt, create or attempt to create any derivative works of the Services; (h) access the Services if you are a competitor of ours or use the Services to build a similar or competitive work; (i) hack or otherwise attempt to gain unauthorized access to the Services or its related systems or networks; or (j) use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser. You will promptly notify Posting Boost if you learn of any unauthorized use or breach of security related to the Services. You may not use the Services if you are legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.

4. Content.You are solely responsible for all data, information, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereinafter, "post(ing)") to or in connection with the Services ("Content"). By posting Content to or through the Services, you grant Posting Boost a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform such Content in connection with its provision of the Services. Posting Boost has the right, but not the obligation, to monitor the Content, the Services and your use thereof. You agree that we may remove or disable any Content that we in good faith determine violates any applicable law, the terms of this Agreement, or any third party right (including, but not limited to, upon receipt of any claim or allegation by a third party or governmental or regulatory authority relating to such Content) and we may disclose such Content and other information about your use of the Services if legally required to do so provided we will notify you (if not legally prohibited from doing so) in advance of such disclosure of Content which is not already public (through no fault of Posting Boost). You understand that the Services, including any Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to Posting Boost’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. You acknowledge and agree that you bear sole responsibility for adequate security, protection and backup of the Content that you post to the Services, and you warrant and represent that your Content and your use of your Content will not violate any applicable law or any third party right. Posting Boost will have no liability for any unauthorized access or use of any of your Content, or any corruption, deletion, destruction or loss thereof. You understand and agree that we may monitor your use of the Services as well as the use of the Services by all of our users and that we may use the information gathered in an aggregate and anonymous manner. You agree that we may use and publish such aggregate and anonymized information, provided that such information does not identify you. In addition, we may use the information that you submit to the Services without identifying you for purposes of improving the Services.

5. Access to Beta Versions. Posting Boost may provide you with access to new functionality, tools, resources and related information which are not yet generally available to our users ("Beta Version"). Posting Boost may suspend, limit or terminate access to a Beta Version at any time. You agree that Beta Versions are the confidential information of Posting Boost and not to disclose any information about any Beta Version to any third party or use the Beta Version other than for your internal testing and evaluation purposes and otherwise in accordance with this Agreement. You agree that Posting Boost is under no obligation to make any portion of any Beta Version generally available in a new release of the Services and that Posting Boost makes no representations or warranties, whether express or implied, with respect to the performance, availability, functionality or general release of any Beta Version.

6. Promotional Giveaways. From time to time we may offer promotional giveaways of the Services, subject to the specific rules that we will announce at the time of any such promotional giveaway. You are solely responsible for any and all income tax consequences that may arise out of any such giveaway and you agree that any winnings are conditioned upon your submission to us of all duly completed tax forms required by applicable law.

7. Privacy. By using the Services, you authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy https://postingboost.de/en/privacy-policy, which forms an integral part of this Agreement. If you elect to use Third Party Services and Products (through API or otherwise), client manager tool or other tools within Posting Boost Services that give Posting Boost access to personal data contained within your Content, you agree that you are the data controller of any such personal data, and the Privacy Policy located at https://postingboost.de/en/privacy-policy will apply to Posting Boost's processing of such personal data on your behalf. Any capitalized terms not otherwise defined in the Privacy Policy shall have the same meaning as in this Agreement. In the event of a conflict between this Agreement and the Privacy Policy, the Privacy Policy will control. You acknowledge that the Services have not been designed to process or manage sensitive information and you agree not to use the Services to collect, manage or process sensitive information. We will not have, and we specifically disclaim, any liability that may result from your use of the Services to collect, process or manage sensitive information.

3. REGISTRATION AND ACCOUNT

1. Registration. To register as a User of Unpaid Services or Paid Services, you must create a user account (“User Account”) by following the registration procedures and instructions set forth on the Website. There is no cost to create the User Account, however, to access the functionality within the Paid Services, you will be required to provide billing details. Each User Account is intended and designed for use by an individual user (“Authorized User”). If Posting Boost detects repeated accesses to the same User Account from various locations, devices, IP addresses in excess of the limits covered by your Subscription, Posting Boost may immediately suspend or terminate such User Account in its sole discretion. Except as permitted by Posting Boost, User Accounts are not transferable.

2. User Responsibilities. You are solely responsible for (a) Authorized User compliance with the terms of this Agreement; (b) maintaining accurate account information at all times, including a valid email address and billing information, if applicable, and updating such information as necessary; and (c) obtaining, maintaining and supporting at your own expense all hardware, software and services necessary to access the Services, including, but not limited to, internet service providers, telecommunications providers, web browsers. You are also responsible for maintaining the security of your User Account, including, but not limited to, your User login, password and API key, and for all activity occurring under your User Account. The API key is a form of access token provided by Posting Boost and can only be associated with one User Account.

4. FEES AND PAYMENT

1. Fees. Users of Paid Services will be charged the fees set forth in the relevant offer on the website or as otherwise agreed with Posting Boost in a written ordering document or other writing signed by Posting Boost and you (the "Fees"). You agree to pay the Fees monthly or annually in advance according to your Subscription, or as otherwise agreed between you and us, by credit card or another payment method accepted on the Website. If you decide to pay for the Services according to the chosen Subscription, you agree to pay all undisputed invoices within thirty (30) days, unless otherwise mutually agreed between you and us in writing. You agree that we may charge interest of 1.5% per month for past due invoices, or the highest rate permitted by law, and you are liable for reasonable attorney fees and collection costs arising from our efforts to collect on past due amounts. If you fail to pay an invoice, we reserve the right to cancel your subscription and access to the Services, and any data associated with your subscription or the Services. You can access the details of your Subscription, including any prepaid amounts, by accessing your User Account. Any bank fees and charges shall be borne solely by you. Except as otherwise set forth in our Cancellation, all payment obligations are non-cancellable and all Fees paid are non-refundable. If you demonstrate a pattern of repeated registrations for paid Services followed by cancellation and request for refund, we may, in our sole discretion, withhold further registrations and/or refuse further refund.

2. Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions. Payments for the web-based version of the Application are made via our e-commerce platform Stripe. Posting Boost does not have access to, nor retains any credit card information of, any user of the Service.

3. Change in Fees. The Subscription Fees can be adjusted at any time. We reserve the right to monitor the number of Users using your User Account. You agree to pay the additional Fees if you exceed the limits of your Subscription. You also agree to pay the Fees applicable to any additional Services you add or any changes you make to your Subscription during your subscription term. Such additional Fees will become effective as of the date of such addition or change and may not be decreased during the term of your Subscription. Upgrades and downgrades between different Subscriptions are possible. If you decide to downgrade from annual to monthly Subscription there will be no refund of the Fees already paid. If you decide to upgrade from monthly to annual Subscription, the annual Subscription will start from the date of the upgrade. If you are a User of Paid Services, we may change the Fees and introduce new charges applicable to your use of the Services, which (unless otherwise agreed in writing with Posting Boost) will become effective as of the first day of the renewal of your subscription term. We may increase the Fees upon notice if we make changes in the Services at your request.

5. OWNERSHIP AND INTELLECTUAL PROPERTY

1. Proprietary Rights. You agree that all rights, title, and interest in and to the Website, Services, Posting Boost API, the technology underlying each of them, all modifications and any work product we create relating thereto, and all intellectual property rights in each of the foregoing, including, without limitation, patent, copyright, trademark, database rights, moral rights, rights in know-how and trade secrets (and any licenses in connection with any of them) throughout the world, whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, are and will remain the sole and exclusive property of Posting Boost, its licensors or affiliates. Except for access to the Services, no other rights are granted to you with respect to the Website or Services. Posting Boost reserves all rights not expressly granted in this Agreement.

2. Attribution. You hereby grant to Posting Boost, it’s resellers and other partners that resell and/or distribute the Services on behalf of Posting Boost ("Partners") to end Users permission to use your name, logo and other proprietary marks for Posting Boost's and its Partners' promotional, informational and advertising purposes. You may revoke your consent by sending a request to kontakt@postingboost.de.

3. Feedback. You are under no obligation to give Posting Boost any ideas, suggestions, comments or other feedback related to the Website, the Services, or Posting Boost (“Feedback”). If you elect to provide any Feedback, you agree that all such Feedback is non-confidential and that we own all rights to use and incorporate such Feedback into the Services, or any other product or service, without payment or attribution to you.

6. TERM; TERMINATION.

1. Term. Unless otherwise stated by Posting Boost in writing, this Agreement starts from the first day you visit the Website and remains in effect for as long as you access or use the Posting Boost Services or the Website.

2. Subscription Term and Renewal. If you are a User of Paid Services, your initial subscription term will be specified in your Subscription and, unless otherwise agreed by Posting Boost in writing, your subscription will automatically renew for the same period on the then-current terms. You may prevent renewal of the subscription through your User Account before the last day of your then-current subscription term.

3. Subscription Cancellation by User. You may cancel your subscription at any time through your User Account or by sending written notice of cancellation to kontakt@postingboost.de. Cancellations of subscriptions to Paid Services shall take effect at the end of your pre-paid subscription period with a 4 weeks notice (end of each month or end of the year). Except as otherwise agreed with Posting Boost in a written ordering document or other writing signed by Posting Boost and you, cancellation does not entitle you to a refund of any prepaid or unused Fees and you agree to promptly pay all unpaid Fees due through the end of the applicable subscription period.

4. De-Registration. You may delete your User Account at any time by sending a request to kontakt@postingboost.de. If you delete your User Account, Posting Boost may delete all your data and information stored on Posting Boost servers and Posting Boost will bear no responsibility for the deletion or loss of such data or information. Even if you delete your User account, you agree to pay all Fees incurred prior to de-registration until paid in full.

5. Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such notice period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause (i) on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers; or (ii) immediately without notice, if you breach the Section 9 of the Agreement. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused Fees covering use of the Services after the effective date of termination. If we terminate this Agreement for cause, you will promptly pay all unpaid Fees due through the end of the applicable subscription term and no refund shall be due to you.

6. Suspension. Posting Boost reserves the right to monitor compliance with this Agreement. Posting Boost may, without prejudice to our rights under this Agreement or applicable law, suspend any or all of the Services, effective immediately upon notice (which may be electronic) if (a) Posting Boost determines in good faith that your use of the Services violates any applicable law, the terms of this Agreement or the rights of any third party; (b) we are prohibited by court order or order of another governmental authority from providing access to the Services; or (c) we reasonably determine that the Services are being used for any abusive, illegal or fraudulent activity that the Services are subject to a security incident, denial of service attack, or other event that impacts the security of the Services or any Content. Such suspension may apply to specific jurisdictions, lines of business, a specific customer or customers, or a group of users. If you are a User of Paid Services, Posting Boost will use commercially reasonable efforts to give you thirty (30) days after notice of suspension to back up your data stored in the Services, after which we may remove it entirely from our servers. If you have any amounts due that remain unpaid for ten (10) days following your receipt of notice of non-payment, or if we are unable to process payment through your billing account on record, we may suspend your access to any or all of the Services, provided we will not suspend the portion of the Services for which you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If the Services, or portion thereof, are suspended for non-payment, we may charge a re-activation fee to reinstate the Services. Nothing in this section limits our right to terminate this Agreement for cause as outlined above.

7. Suspension and Termination of Unpaid Services. We may suspend, limit, or terminate Unpaid Services for any reason at any time without notice. We may terminate your subscription to the Unpaid Services due to your inactivity.

8. Effect of Termination. Upon expiration or termination of this Agreement, including by your cancellation, or if you de-register your User account, all rights of the User with respect to the use of the Services shall terminate immediately. User acknowledges and agrees that Posting Boost may erase all User data and information stored on Posting Boost servers within reasonable period of time (not less than thirty (30) days) following expiration or termination of the Agreement or de-registration of your User account, provided that Posting Boost may retain copies of such data and information to the extent required by law, for archival purposes or as created by automatic computer backup and archived as part of normal computerized archiving systems, maintaining necessary technical and organizational measures.

9. Survival. Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.

7. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

1. Disclaimer. Except where prohibited by law, the services and the website are provided "as-is" and "as available" and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We make no warranty that the services or the website (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) will be appropriate or available for use in all locations; or (d) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. We further make no warranties or representations regarding the accuracy or completeness of the content on any sites to which the website or services are linked.

2. Limitation of Liability. With the exception of any indemnification obligations stated herein, in no event will either party and its respective affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages or loss of profits, revenue, data or business opportunities arising out of or related to this agreement, whether an action is in contract or tort whatsoever arising from or related to either this Agreement or use of the Services or the Website. Our maximum aggregate liability to you for any damages arising from or related to this Agreement is limited to the greater of amounts you have paid to us under this Agreement within the prior 12 months. You understand and agree that if you do not agree to this limitation of liability, we would not provide the Services to you. The foregoing limitation of liability shall apply to the fullest extent permitted by law.

3. Reservation of Liability. The above exclusion of liability does not apply to liability for damages resulting from injury to life, body, or health. Deliberate infringements of rights of any kind remain unaffected by this exclusion of liability. The provisions of the Product Liability Act also remains unaffected by this exclusion of liability.

4. Data backup. We carry out effective data backups as part of our service provision, but we do not provide a general data backup guarantee for the data you transmit. You are also responsible for making appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will perform the data backup with the necessary expertise. However, we do not warrant that the stored content or data that you access will not be accidentally damaged or falsified, lost, or partially removed.

5. Liability for content. We are not liable for your incorrect information/content in your files. We do not check the contents transmitted to us (in particular with regard to the infringement of third-party rights, the correctness of factual statements, legal texts). However, should we become aware of any incorrect, inaccurate, misleading, or illegal content, we will check it immediately and remove it if necessary. Furthermore, we do not assume any liability for the correctness, completeness, quality, or legality of the contents not completely created by us. We only feed your contents/contributions/data into the system.

6. Warranty Disclaimer with Regard to Third-Party Sites, Third-Party Services and Products. Posting Boost and its affiliates disclaim any liability with respect to any Third-Party Sites, your access of any Third-Party Sites, and any Third-Party Services and Products that you use and for any claim arising out of Posting Boost’s authorized use of your Content.

8. Indemnity.

You agree to defend, indemnify and hold harmless Posting Boost and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (a) your breach or other violation of this Agreement, (b) your Content, (c) your use of and access to the Services and the Website, or (d) your violation of applicable law or any third party right, including without limitation any privacy, intellectual property or other proprietary right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services and the Website. Posting Boost reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Posting Boost’s defense of such matter.

9. EXPORT RESTRICTIONS

Exports, re-exports, and transfers of Posting Boost products and services, including technology, software (including source code), commodities, technical data, related technology, and the direct products thereof, including the Website and the Services (the "Posting Boost Items") are subject to EU and German export laws and regulations, and other applicable export and sanctions laws, restrictions and regulations of any EU and non-EU. government agencies or authority ("Applicable Export Laws"). You may not access, download, distribute, use, export, re-export, release, or otherwise transfer the Posting Boost Items in violation of any Applicable Export Laws.

10. GENERAL PROVISIONS

1. Confidentiality. All confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated in writing as confidential ("Confidential Information") will be safeguarded by the Receiving Party to the same extent that the Receiving Party safeguards its own information of like kind but using not less than a reasonable degree of care. The Receiving Party shall not use Confidential Information for any purpose outside the scope of this Agreement or disclose Confidential Information to any third party (except as explicitly stated in our Privacy Policy). The Receiving Party’s obligations under this section shall not apply to information which is publicly available through no fault of the Receiving Party, already in Receiving Party’s possession without obligation of confidentiality, rightfully obtained by Receiving Party from third parties not under obligation of confidentiality, or independently developed by Receiving Party as evidenced by written documentation. If the Receiving Party is requested pursuant to a court or government order to disclose Confidential Information, the Receiving Party will give the Disclosing Party written notice (if not legally prohibited from doing so) sufficient to enable the Disclosing Party to seek protective order and the Receiving Party will cooperate with the Disclosing Party in such effort.

2. Assignment. You may not assign or transfer this Agreement, or rights or obligations under it, without our prior written consent. We may assign this Agreement, in whole or in part, without restriction. Any assignment or transfer in violation of the foregoing shall be deemed void and of no effect. Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

3. Force Majeure. We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, third party equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

4. Legal venue. The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law or a special fund under public law.

5. Choice of Law. As far as there are no compelling legal regulations according to your home country law, German law under exclusion of the UN-purchase right is valid as agreed.

6. Consumer dispute resolution proceedings. The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

7. Notices. Notices to you shall be given to the email address on file associated with your account. To change the email address on file in your account, you must notify Posting Boost at kontakt@postingboost.de. You agree to receive communications from us in an electronic form. All notices to you will be deemed received when sent. We may, but are not obligated to, provide communications in paper format. Notices to us shall be given to kontakt@postingboost.de.

8. Entire Agreement. This Agreement is the entire agreement between you and Posting Boost concerning your use of the Website and the Services and supersedes all other proposals and agreements, whether in oral, written or electronic form. In the event of any conflict between the terms of this Agreement and the terms on the Website or any other document, the terms of this Agreement shall prevail. No terms in any purchase order or in any order documentation are incorporated into or form any part of this Agreement. If you have ordered the Services through our reseller, the terms of this Agreement shall apply to the exclusion of all other varying terms and conditions. Resellers are not authorized to make any promises or commitments on our behalf, and we are not bound by any obligations to you other than what we specify in this Agreement.

9. Changes. We may change the terms of this agreement from time to time by posting the updated agreement on the website. You can review the most current version of this agreement at any time at https://postingboost.de/en/terms-of-service or a successor URL that we may designate. The revised terms and conditions will become effective immediately after we post the updated text on the website. If you use the services after such date, such use will constitute acceptance of the revised terms and conditions. We also reserve the right to modify the Services from time to time in our sole discretion. If any change to this Agreement is not acceptable to you, or if any change we make to the Services is a material reduction in functionality, you may, as your sole remedy for such change, stop using the Services and send a cancellation request email to kontakt@postingboost.de.

10.Languages. You agree that this Agreement is written in the English language and that the English language version of this Agreement and any related document (including notices) shall prevail. Notwithstanding the foregoing, if you are located in a country whose laws require that contracts be in the local language in order to be enforceable, then the version of this Agreement that governs is the local language version that is produced by Posting Boost within a reasonable time following your written request to us.

11.No Waiver. No failure or delay by Posting Boost to exercise any right or remedy will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

12.Relationship of the Parties. This Agreement does not create or imply any agency, partnership or franchise relationship. Nothing in this Agreement, express or implied, is intended to or shall confer on any third-party any right, benefit or remedy of any nature whatsoever.

13.No Third-Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon any person other than the parties and their respective successors and permitted assigns any legal or equitable right, benefit or remedy of any nature under or by reason of this Agreement.

14.Severability. If any provision of this Agreement is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.