Terms and Conditions
Please note: This English version is provided for convenience only. Only the German version is legally binding.
These terms and conditions (hereinafter "Terms") govern access to and use of the products and services offered by melibo.
General information
These Terms are issued by ThinkingTech GmbH ("melibo"), with its registered office and place of business at Darmstädter Straße 5, 64625 Bensheim, Germany, registered in the commercial register of Darmstadt under HRB 106888.
A user is any person who uses melibo's products and/or services.
Products and services
melibo offers in particular the following products and services, some of which are provided via the website operated by melibo, https://melibo.de (hereinafter "Website"):
• Essential
• Professional
• Premium
• Custom package
melibo provides the products and services to the user on a non-exclusive basis to the extent agreed in the contract.
For further information on melibo's products and services, please refer to the individual contract between melibo and the user, our website "https://melibo.de" and our blog at: https://www.melibo.de/newsroom/alle.
Contract term
The term of the contract for melibo's products and services is governed by the individual contract concluded with melibo.
melibo may temporarily suspend the delivery of products or the provision of services for good cause or terminate the contract extraordinarily without notice for good cause. Good cause exists in particular if: (a) a change in the law prohibits melibo from providing products or services in whole or in part or makes this unreasonable, (b) the user is in default with at least two consecutive payments due, (c) the user fails to meet any contractually agreed obligations to cooperate, making it impossible or unreasonable for melibo to provide the products or services properly, (d) the user breaches material contractual obligations. If melibo terminates or temporarily suspends performance for a reason for which the user is responsible, melibo retains the right to the agreed remuneration less any expenses saved. The user may terminate the contract with melibo extraordinarily without notice if melibo has repeatedly breached material contractual obligations and the user can therefore no longer reasonably be expected to continue the contract.
Registration and access to a user account
To purchase products and use services, the user must open a user account on the Website.
If the user fails to correctly complete the data marked as mandatory in the relevant form, the user cannot continue the validation process until this has been done. An on-screen message informs the user of this. The user can change or update the data provided during registration at any time before returning to the desired step.
The user shall update the details and information they have provided without delay after any change. By accessing their user account, the user can change and/or update the data provided during registration at any time.
melibo provides the user with a personal, non-transferable username (email) and a password to access the user account. Passwords can be changed at the request of melibo or the user. If melibo expressly requests such a change, the user will be informed of the date on which the password will be deactivated and replaced by a new one.
melibo reserves the right to change the registration or login method, including the types of user accounts.
The user bears full responsibility for any inaccuracies in the information provided to melibo or for failing to keep this information up to date.
The user agrees that melibo may access the user's account in order to provide the products and services and technical support. Users with a Premium account can withdraw their consent at any time in their account settings.
melibo always reserves the right to access the user account in certain cases without the user's prior consent. This may happen in particular to investigate suspected misuse of the products and services, to review billing issues or disputes, or if a material breach of these Terms is suspected.
User obligations and responsibility
The user shall always act in accordance with applicable law. In particular, the user may not use the products and services for illegal or otherwise unlawful activities. In particular, the user may not contribute, transmit or disseminate any propaganda, religious or political views that could be regarded as racist, xenophobic, pornographic, supporting terrorism or violating human rights. Furthermore, the user may not defame, harass or insult other persons through the use of the products and services. The user may also not transmit or disseminate any information, elements or content that could constitute unlawful or unfair advertising, nor any information, elements or content that could be regarded as a violation of privacy or data protection laws.
The user is solely responsible for all content and actions they promote in their user account through the use of the products and services.
If the user detects or suspects unauthorized use of their user account, they must inform melibo without delay.
Website
melibo provides the products and services to the user at least partly via the Website.
Content and services linked via the Website
The Website may contain technical linking devices, directories and other tools that allow the user to access other websites and portals.
Links are only set if, in melibo's assessment, the linked page does not contain any illegal content at the time the link is set. As changes to this content are beyond melibo's control, no liability can be accepted for third-party content changed after the link was set. melibo does not adopt the content of linked pages as its own.
If the user believes that a linked page contains illegal or inappropriate content, the user can notify melibo at the following email address: legal@melibo.de.
Intellectual and industrial property
The Website provides information about melibo and its products and services. The texts, images, graphics and layout as well as the entire graphic design of the Website are protected by copyright.
All trademarks, brand and product names and logos mentioned on the Website are the property of their respective owners and do not grant the user any rights to them.
No content of the Website may be copied, distributed or modified for commercial purposes. Unless expressly agreed otherwise in a contract between melibo and the user, texts, images and graphic elements may only be downloaded and printed for personal, private and non-commercial use. Reproduction of graphics, images, audio files, video sequences and texts in other electronic or printed publications is only permitted with melibo's written consent.
Fees
The fees for the products and services are determined by the contractual agreements between melibo and the user.
Changes to contracts and to the Terms
Changes to these Terms and to contracts concluded between melibo and the user that concern the main contractual obligations or fundamentally change the contractual structure, i.e. are effectively equivalent to concluding a new contract (hereinafter "material changes"), require an express or implied agreement between the user and melibo. Main obligations are those obligations for which a contract is primarily concluded; they form the essential parts of the contract. In the contractual relationship between the user and melibo, this comprises the user's payment obligations and melibo's obligation to provide the products and services agreed in the contract with the user. Other changes (hereinafter "non-material changes") do not require an express or implied agreement between the user and melibo. melibo will notify the user of non-material changes in text form via the user's account no later than two months before they are due to take effect, where legally possible. The user's consent to non-material changes is deemed given if the user has not indicated their rejection before the proposed effective date. melibo will specifically point out this deemed consent in the notice of change. Such non-material changes are permitted if there is a valid reason for them. Valid reasons include in particular:
• correcting ambiguous provisions;
• clarifying provisions;
• providing new services that the user does not have to use or that are free of charge;
• adjusting formal requirements and data formats;
• adapting to new tax or other legal requirements;
• agreeing ancillary obligations, provided they are appropriate in view of a balanced distribution of risk between the interests affected in the customer relationship.
If melibo offers the user non-material changes to the Terms that are to take effect through the deemed consent described above, the user may terminate the affected contract with melibo without notice and free of charge before the proposed effective date. melibo will specifically point out this right of termination in the notice.
Liability and disclaimer
In the event of breaches of duty – on whatever legal grounds – melibo is liable for damages for intent and gross negligence. In the case of simple negligence, melibo is only liable:
• for damage resulting from injury to life, body or health and
• for damage resulting from the breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely). In this case, however, melibo's liability is limited to compensation for the foreseeable damage typically occurring.
The above limitations of liability also apply to breaches of duty by persons for whose fault melibo is responsible under statutory provisions.
Claims under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected in all cases.
If the user has contributed to the occurrence of damage through culpable conduct (e.g. by breaching obligations to cooperate in connection with registering their user account or updating the information they have provided), the extent to which melibo and the user must bear the damage is determined by the general principles of contributory negligence (Section 254 German Civil Code, BGB).
melibo is not liable for damage caused by force majeure, riots, war, natural events or other events beyond its control (e.g. strikes, lockouts, traffic disruptions, orders by public authorities in Germany or abroad). In these cases, melibo is in particular not liable for the impossibility of providing the products and services.
Data protection
The nature and scope of melibo's data protection obligations are set out in melibo's privacy policy, available at: https://melibo.de/en/legal/privacy-policy
Complaints, claims and requests for information
The user can contact melibo with complaints, claims and/or requests for information using one of the following methods:
· By letter to: Darmstädter Straße 5, 64625 Bensheim, Germany
· By email to: legal@melibo.de
· By opening a ticket via the support chatbot: https://melibo.de
Invalidity and ineffectiveness of clauses
Should any clause of these Terms or of the contracts incorporating these Terms be or become invalid in whole or in part, the legality and validity of the other clauses of these Terms (and/or the related contracts) remain unaffected. In this case, the parties undertake to replace the affected clause with a valid clause that comes closest to the economic purpose of the clause to be replaced.
Applicable law
These Terms and all contracts incorporating these Terms, as well as all non-contractual obligations arising out of or in connection with these Terms and/or the related contracts, are governed by the laws of the Federal Republic of Germany.
Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms and/or the contracts incorporating these Terms (including all disputes regarding non-contractual obligations arising out of or in connection with these Terms and/or the related contracts) is Frankfurt am Main, Germany.
If the customer is a consumer, they may also bring an action before the court in whose district the consumer has their place of residence or, in the absence thereof, their habitual residence at the time the action is filed.