Terms and Conditions
General Terms and Conditions of Business
Gumb is defined as the services provided or Gumb AG. Additional information is available in the imprint. Gumb is an online platform operated by
Commercial Trade Register -Nr. CH-290.3.002.195-2
Commercial Trade Registry of the Canton Schaffhausen, Switzerland
offering diverse services, in particular, with regard to online event-scheduling. The services are available on several end devices, e.g. web browsers (e.g. www.gumb.app) and (mobile) apps, in particular, apps for mobile end devices, or other applications (software). The services may be financed by advertisements and are free of charge, or are subject to partial or full charges, depending on criteria, such as region, resolution and end device. Services subject to charges are explicitly defined. The scope of the services available may differ by region; more specifically, certain products (subscriptions) available in one country may not be available in other countries. By registering as a Gumb user, and/or receiving Gumb services after the General Terms and Conditions (T&C) became effective, you accept the following General Terms and Conditions (T&C) for the use of Gumb. These T&C shall apply for all Gumb users regardless of residence or country.
1. REGISTRATION AND SCOPE OF USE
- The use of Gumb may be subject to fees for certain services or in entirely.
- Upon completion of the registration process and receipt of the registration, the user will immediately receive an electronically generated confirmation, whereas registration is accepted. The contractual agreement between the user and Gumb shall be valid upon acceptance of the registration. Acceptance may also be indicated conclusively; more specifically, by activating the Gumb services.
- The user confirms that all data provided within the scope of registration are true and complete.
- The user may utilize Gumb and its available services for personal use only and refrain from commercial use. Transferring a user account to third parties is prohibited.
- The scope of available services may differ by region; more specifically, certain products (subscriptions) available in one country may not be available in other countries. In addition, the availability of services may also depend on the end device and/or the available internet access, for instance, certain specific mobile-devices, potentially differentiating by region, may not be accessible through mobile communication. Details are available within the scope of the respective offers.
- A service may generally be used on all end devices supported by Gumb. Restrictions, particularly technical restrictions, are outlined in the respective offers.
2. SERVICES SUBJECT TO FEES
- Gumb reserves the right to change its business model at any time and for example, provide certain or all services in exchange for a fee only. If applicable, Gumb will publish the respective fees. The user may then decide at his discretion whether to accept the chargeable service or cancel.
- The fee payable for utilizing a chargeable service is defined in the respective offer. The scope of services and potential restrictions are outlined in the offer as well.
- By paying the service fee the user is only entitled to utilize services available on designated end devices in the countries defined in the offer. Gumb shall provide an overview of available chargeable services, the scope of service, service terms and fees including VAT.
- Placing an order, especially by clicking on the button “pay” does constitute into a contract; Once the order is placed, the user shall receive an electronic order confirmation immediately, indicating that the order has been accepted. The contractual agreement between the user and Gumb shall be valid only if the order has been accepted. Acceptance may also be indicated conclusively via third parties (payment service providers like Paypal); more specifically, by activating the Gumb services. The user can view the order data and General Terms and Conditions at any time via his user’s or community account.
- The fee is due for the entire term of service. The payment methods outlined within the scope of the offer, such as credit cards and PayPal, shall be accepted. The payment is generally processed by the service provider contracted for processing the payment. If the contractual service provider integrates his own General Terms and Conditions, these shall apply explicitly to the payment process. The user must have a user account with the service provider. If fees cannot be debited, the user shall be responsible for the costs incurred, if he has caused the incident resulting in additional expenses. Gumb may send an invoice to the user via email.
- If the user does not remit the fee or the remittance is denied, Gumb is entitled to block access to certain, or all Gumb services.
3. LIMITED TIME TRIAL OFFERS
Gumb may offer chargeable services free of charge for a limited period of time (“trial offer“). The selection of users entitled to participate in a trial offer is at the discretion of Gumb. Gumb may revoke the provision of a trial offer for justifiable reasons or change the scope of service at any time. Gumb is entitled to request the user’s payment information at the beginning of the trial offer. Gumb may then charge the user for the future use of the chargeable services after the trial offer period has expired. The user shall be advised with regard to the offer and must agree. The user is entitled to cancel the trial offer subscription prior to expiration of the trial period. Otherwise the trial offer shall be converted into a chargeable service.
4. USER’S OBLIGATIONS
- The user is not entitled to disclose, make accessible or forward the access data provided or used for authentication and identification purposes to third parties.
- Gumb uses technical measures for regional restrictions (geo-filtering). The user agrees not to circumvent the technical measures. The user also agrees to refrain from circumventing access control systems for chargeable contents and/or using other measures for unauthorized use of Gumb, or contents posted on Gumb.
- The user agrees to refrain from posting or distributing contents on Gumb that are in violation of the law, official orders or morals. Posting or distributing contents violating third party rights are prohibited. This also applies to pornographic contents and contents harmful to minors, as well as propaganda materials of anti-constitutional organizations or parties.
- The user may utilize Gumb for his own personal purpose only. The user may not grant user access or use of the services to third parties, e.g. an undefined group of people, by utilizing the services in the public sector, such as cinemas, theaters, exhibitions show-rooms, hotels, bars restaurants or other public establishments. Receiving or forwarding contents, as well as services in the aforementioned environments are illegal and in violation of third-party rights, in particular, copyrights.
- The user is not entitled to delete/remove or obscure copyright notices or references to brand names/trademarks or other protective rights owned by Gumb, affiliated or third-party companies associated with Gumb.
- The use of Gumb may be reserved for persons meeting certain requirements (e.g. legal age). The user shall ensure that the services provided are only available to persons meeting the above requirements. The user specifically agrees to comply with the regulations for the protection of minors from harmful media contents.
5. SPECIALIZED SERVICES
- Applications (“Apps“): If the user accesses the Services via an app, especially for cellular telephones, tablets, Personal Computer, and has downloaded the app from the third party app-store, more specifically, a regular producer of the end devices’ operating system (iTunes for iPhone and iPad, the Google Play Store for Android or any other app store), the General Terms and Conditions of the app store shall also apply. In the event of contradictions, the present General Terms and Conditions shall supersede the General Terms and Conditions of the app store.
- The individual purchase steps for chargeable services are available in the description of the app and/or the third-party app store.
- The provider of apps from the respective app store may influence the available chargeable services, and/or its terms or extension. Depending on the respective app store, the chargeable services may expire at the end of the agreed upon period without requiring cancellation, or the contract term may extend for a certain period of time, or indefinitely. Details are available in the app’s respective offer, and/or the app store’s General Terms and Conditions. To some extent app-stores may offer options to cancel chargeable services through an app-store menu option.
- The payment methods used by certain service providers outlined within the framework of the proposal are accepted. This may also include payment methods offered by the respective app-store operators. If the service provider includes his own General Terms and Conditions on individual basis, these provisions shall apply explicitly for payment processing. The user may have to open a user account with the service provider.
- An app is a copyright protected software program. The user shall be granted simple, non-exclusive, non-transferable and revocable rights to personal use. The user is not entitled to decompile, modify or edit the app beyond the statutory limitations. The user is further prohibited from assigning, renting or transferring the app or its contents in any manner.
- The user must take into consideration contractual third-party agreements, particularly with the app store and/or their internet provider, when using the app.
- When downloading or using the app, especially on third party networks or a foreign country, the user may be subject to transfer costs charged by their internet provider. All costs of the Internet access provider go debited to the user, not to Gumb.
- Recording contents Within the scope of these General Terms and Conditions, the user is entitled to record a certain number of statistics on the Gumb Server for his personal use (hereafter “Community-Data”). The use of the Community-Data allows the user to view his Community-Data for his personal use, during the contractual term. If a free service (trial period) is used, the user is entitled to use each saved Community-Data for a certain period of time after the original usage date. After availability has expired, Gumb automatically deletes the data. If the user has subscribed to subscription-services, his Community-Data is available for as long as the subscription-plan is maintained without interruption. After the maximum number of authorized data (like number of community members, or number of communities) has been exhausted, Gumb will block additional data and/or delete older data automatically; the user may also delete personal communities. Gumb reserves the right to adapt, modify or delete the user’s Community-Data and/or adapt the available contents or services for legal reasons.
Gumb is entitled to use advertising materials, e.g. when activating the services or viewing a community. The user can skip this type of advertisement to the extent legally permissible based on the information provided by the user or his use of services.
7. PRIVACY ACT
Details regarding Gumb’s protection and use of data provided by the user are available in the Privacy Act Declaration. The Privacy Act Declaration is a valid component of these General Terms and Conditions.
8. LIABILITY LIMITATIONS AND EXEMPTIONS
Gumb is only liable based on the following criteria: Gumb is liable without limitation for damages for which Gumb, its legal representative, management staff or sub-contractors are responsible due to intentional or grossly negligent actions. The above liability limitation does not apply to malicious acts, injury to life, body and health, warranty violations and entitlement from product liability.
The user agrees to indemnify Gumb, its primary company, subsidiaries, affiliated companies, management staff, directors, employees, agents, vendors or subcontractors from all third party claims, filed against one or all of the above mentioned individuals, resulting from the user violating his obligations from these General Terms and Conditions and/or the applicable laws. The user shall be responsible for all appropriate costs incurred by Gumb. The user is entitled to proof that Gumb has actually incurred lesser costs. The above-mentioned indemnity obligation does not apply if the user is not responsible for the violations.
9. CONTRACT TERM, TERMINATION, REIMBURSEMENTS
Gumb is providing diverse services with variable terms. Unless otherwise indicated in the offer, the contract for the respective chargeable services is valid for the subscribed minimum term. Thereafter the contract shall be extended by the subscribed minimum term if the user or Gumb has not terminated it prior to expiration of the minimum term/extension term with effect to the end of the respective term. The user is entitled to use the service after termination up to the end of the contract term. The chargeable services can be cancelled in the user-account at any time (if the current subscription is active). If Gumb is terminating the service agreement via the email address provided by the user during registration. The right to termination for an important reason shall remain unaffected.
An important reason for extraordinary termination of the contract is present if continuation of the contractual agreement up to the expiration date of the proper termination is not feasible under consideration of all case-related circumstances and interests of the user. Important reasons for Gumb specifically include the following events: The user’s violation of the law; The user’s violation of essential contractual obligations. A reminder is not required
In the event Gumb terminates a contract, as well as a termination by the user, reimbursement of pre-paid fees is excluded, unless the user terminates for an important reason based on the Gumb scope.
10. SERVICE MODIFICATIONS
Gumb reserves its right to modify the contents and structure of Gumb, as well as its services at any time. This also includes the introduction of mandatory fees for all, or certain services, as well a partial or entire discontinuation.
11. GENERAL CONDITIONS
Transferability: The user may not transfer or assign rights or obligations derived from these General Terms and Conditions to third parties. Gumb is entitled to transfer or assign rights and/ or obligations derived from these General Terms and conditions to third parties
Amendments: Gumb reserves the right to amend these General Terms and Conditions without stating a reason at any time. The recommendation for amendment shall be forwarded to the user in writing or via email. The amendments are considered as accepted, if the user does not object in writing immediately. If the user does object, the user and Gumb are entitled to exercise their right to extraordinary termination. A respective termination shall become effective at the time the amendments are implemented. If the contract is not cancelled and the user receives Gumb services after the amendments are in effect, the user accepts the amended Gumb services and the amended applicable General Terms and Conditions. Essential changes to these General Terms and Conditions require the user’s consent.
12. APPLICABLE LAW
These General Terms and Conditions and the contractual agreement between Gumb and the user are subject to Swiss Law explicitly.
This version of the General Terms and Conditions shall become effective on September 22, 2020. This version shall replace all former versions of Gumb’s General Terms and conditions.
Version September 2020
© 2020, Gumb