Terms of Service (B2B)

as of February 17, 2020

PLEASE READ THESE TERMS OF SERVICE (B2B) CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES WHICH ARE AIMED EXCLUSIVELY AT BUSINESSES (ENTREPRENEURS IN THE MEANING OF SECTION 14 OF THE GERMAN CIVIL CODE (BGB)). WE DO NOT CONCLUDE ANY CONTRACTS WITH CONSUMERS.

These Terms of Service (the “Agreement”) are an agreement between you (the entrepreneur or legal entity on whose behalf you are entering into this Agreement) (“you” or “your”) and autoretouch GmbH (“AUTORETOUCH”, “we”, “us” or “our”) which governs the access and use of our Services (as defined in Section 1) by you. AUTORETOUCH and you are also referred to in this Agreement as “party” or “parties”.

Your access and use of the Services constitute your legally binding acceptance of this Agreement. If you do not wish to be bound by the terms and conditions of this Agreement, please do not access and use our Services.

  1. Our Services.
  1. Your Right to Use.
  1. Free Testing of our Services.
    • You may test our Services free of charge and without registration by accessing our website autoretouch.com. You acknowledge and agree that all images which you receive by accessing and using our Services during such free testing will be in low resolution only. In order to use the full range and functionalities of our Services, you are required to register and set up an account pursuant to Section 4 below.
  2. Your Account.
    • In order to access and use our Services, you must register on our website autoretouch.com. Once you have successfully registered, an account will be created for your business or legal entity. You must not create more than one account for your business or legal entity.
    • During the registration process, you will be asked to provide certain contact and personal details as well as customary billing information such as name and billing address and your credit card number. All fields that are mandatory to complete will be explicitly indicated. False, incorrect, or outdated information, such as an invalid E-Mail address, may prevent you from registering and impair our ability to provide you with the Services.
    • You are required to keep all information up to date. We may suspend or terminate your account and refuse any current or future access and use of our Services, or any parts thereof, if any information is untrue, inaccurate, incomplete or not up to date.
    • To login, you must provide your E-Mail address and password. AUTORETOUCH may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Services. We strongly recommend that you create a strong initial password and only change it if you have reasons to believe that your information was misused.
    • You are responsible for all activity that occurs via your account. You are required to notify us immediately in writing if you become aware of any unauthorized use of your account. You may not share your account information, except with authorized users of your business or legal entity.
  3. Promotional Credit.
  1. Your Content.
  1. Your Conduct.

7.1     You are required to access and use our Services responsibly, in a professional manner and always in accordance with all applicable laws and regulations. You must not misuse our Services in any way. For instance, you must not:

7.2     You acknowledge and agree that you are solely responsible for any further usage of the processed images that you receive after accessing and using the Services.

  1. Data Protection.
  1. Mutual Confidentiality.
  1. Fees, Payment, Expiry of Credits and Taxes.
  1. Our Intellectual Property.
  1. Your Warranties and Indemnification Obligations.
  1. Our Warranties and Indemnification Obligations.
  1. Limitation of Liability.
  1. Term and Termination.
  1. Miscellaneous.