Choosebox is currently in beta testing phase. Software in the beta phase will generally have many more bugs in it than completed software, as well as speed/performance issues and may still cause crashes or data loss. Therefore, we are not able to guarantee its full functionality.
If you are experiencing any bugs or flaws, or have any feature/functionality recommendations, please let us know via email (firstname.lastname@example.org)
The subject matter of these Terms and Conditions is the software Choosebox.
Sengi provides this product for free and in an premium version on a payment basis, limited to the term of the contract on the basis of these Terms and Conditions.
This does not include downtime due to maintenance and software updates, as well as times during which Sengi’s web servers cannot be reached over the Internet due to technical or other problems that cannot be controlled by Sengi (in particular force majeure and fault of third parties).
After payment of the remuneration according to section 6, Sengi will provide the User as agreed Choosebox as download in order to enable the use of the same in line with the selected licensing model and these Terms and Conditions.
Sengi reserves the right to limit the functional scope of the a free Product, or to make such functions subject to payment. Sengi will announce such change in advance to users.
All title, ownership rights and intellectual property rights in and to Choosebox (including but not limited to any patches and updates) and any and all copies thereof are owned by Sengi. These Products are protected by the copyright laws of Germany, international copyright treaties and conventions and other laws.
To the extent agreed, Sengi grants the User, for the duration of the contract, the non-exclusive, non-transferable, non-sublicensable right to use the Choosebox in accordance with the conditions as agreed by the parties. The aforementioned usage right applies accordingly to new versions, updates or upgrades to the relevant Product that are provided by Sengi during the term of the contract. However, Sengi shall not be obliged to make available new versions, upgrades or updates. The User shall not be entitled to use, copy, download or make the relevant Product available to third parties beyond the purpose of the contract.
If the contractual use of the Products is impaired by the proprietary rights of third parties without the fault of Sengi, Sengi is entitled to suspend the affected services. Sengi will immediately notify the User and, in case the User is precluded from accessing data, provide suitable access to this data. In that case, the User shall not be required to pay for the non-rendered services. Other claims and rights remain unaffected.
Rights not explicitly granted to the User remain with Sengi.
No source code will be provided to the User, unless agreed otherwise.
Sengi offers different versions of Choosebox. The versions differ with respect to the number of cloud drives connected to the respective account.
Unless otherwise agreed by the parties,
The User may not:
These license conditions shall also apply to any patches or updates the User may obtain for the Products.
For any claim arising from or in connection with these Terms and Conditions, without regard to its nature or legal reason, particularly for, but not limited to, breach of contract (“Vertragspflichtverletzung”) or tort (“unerlaubte Handlung”), Sengi, its employees and vicarious and auxiliary agents are to be liable only and exclusively in the following cases:
In case of personal injury or death to persons as well as for deliberate (“vorsätzliche”) and gross negligent (“grob fahrlässige”) action Sengi has unlimited liability. Sengi shall be liable for slight negligent action (“einfache Fahrlässigkeit”) only in cases of a breach of duty essential to the purposes of any agreement entered into by the parties (“vertragswesentliche Pflicht”). Such an essential duty is a duty whose fulfilment is the basis for the execution of the agreement and on whose fulfilment the contractual partner thus can rely on. In this case Sengi’s liability shall be limited to damages which are typical and foreseeable at the time of conclusion of any agreement entered into by the parties.
For the loss of data and its recovery Sengi is not liable if such loss would have been avoidable by reasonable data backup measures.
Any liability arising from mandatory law, e.g. the German Act on Product Liability (“Produkthaftungsgesetz”) remains unaffected by this clause.
In case that the Product was distributed as free version (i.e.free of charge) Sengi shall be liable in accordance with the sections above only for deliberate (“vorsätzliche”) and fraudulent (“arglistige”) action.
Users are entitled to the statutory warranty rights. The warranty period shall be two years if the User is a Consumer or otherwise one year.
The following right of withdrawal applies to Products which are provided for a consideration.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us
Sengi GmbH, Leipziger Straße 30, 06108 Halle (Saale), Germany +49 345 68232110
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, although this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
(complete and return this form only in case you wish to withdraw from the contract)
Sengi GmbH, Leipziger Straße 30, 06108 Halle (Saale), Germany
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
User shall pay Sengi the remuneration agreed. Payment may be made by Paypal.
All prices include statutory VAT.
Payment of the remuneration shall be due and payable upon conclusion of the agreement.
The User shall have no right to set-off or retention, except to the extent that the counterclaim has not been disputed by Sengi or been determined by a final and binding court decision.
To the extent Sengi provides Products free of charge, the respective contract is established for indefinite contract duration.
The User may terminate the contract any time with effect to the day following the termination notice. Sengi may terminate the contract with a notice period of one month with effect to the end of the relevant month.
To the extent Sengi provides services against payment, the respective contract is established for the agreed duration (“initial time period”); in the absence of a specific agreed initial time period, the initial time period will be 12 months beginning with the conclusion of the agreement. The agreement will be automatically renewed by a period equal to the initial time period, unless a party terminates the contract in advance.
The User may terminate the contract anytime with effect to the end of the relevant contractual time period. Sengi may terminate the contract with a notice period of one month with effect to the end of the contractual time period.
Each contract may be terminated by each party without notice for good cause. Good cause that entitles Sengi to terminate the contract shall exist in particular if the User breaches the rights of use granted by Sengi by using a Product beyond the extent permitted under this contract, and does not refrain from the breach following a notice by Sengi within a reasonable time period, or if the User fails to pay an invoice despite a reminder with a reasonable deadline.
Termination notices must be issued in text form, e.g. via email.
The offerings of Sengi via e-commerce-platforms are not legally binding but invitations to make a purchase offer.
By placing an order, the User makes a binding offer to purchase the relevant product.
The order shall be deemed to be accepted by Sengi or it’s payment provider upon subsequent explicit (email) acceptance of the order. The Contract with the User shall not become effective until Sengi’s acceptance.
If any provision of these Terms and Conditions is held to be unenforceable for any reason, the parties will replace the invalid provision with a valid provision which comes closest to the economic purpose of the invalid provision. The remaining provisions of these Terms and Conditions shall not be affected.
For any disputes involving these Terms and Conditions, the place of jurisdiction shall be Augsburg, (Federal Republic of Germany), provided the User is a merchant (“Kaufmann” within the meaning of Sec. 1 para. 1 of the German Commercial Code), a legal entity or separate estate under public law, or has no general jurisdiction in the Federal Republic of Germany.
Any contracts entered into between Sengi and the User shall be governed by the laws of the Federal Republic of Germany under exclusion of any conflict of laws provisions and the UN Convention on the International Sale of Goods.
Sengi may change or amend These Terms and Conditions. Such changes will come into force after Sengi has provided the amended terms to the User and the User did not object within a period of six weeks from receipt of the amended terms. Sengi will notify the User on the consequences in case the User does not object. Amended terms will generally be provided via email. For this purpose, the User has to ensure that emails can be received at the email address provided. In case the User objects to the changes, Sengi may terminate the contract with a notice period of two weeks within four weeks upon the date of reception of the opposition with effect to the following month.
European ODR: https://ec.europa.eu/odr/