Based on these General Terms and Conditions (GTC) the contract is being concluded between the User and
CEO: Gregor Greinert, Bernd Korz
Address: O7, 17 68161 Mannheim, Germany
Commercial register, Mannheim: HRB 720060
VAT identification number: DE295708974,
hereinafter known as “alugha”.
These terms and conditions govern legally binding the use of all alugha services such as, but not limited to, website, Player, providing multilingual videos with the alugha User account. The details of each offer can be seen at the product description at the supply side.
By creating an alugha User account or with the first login, the User accepts the GTC as legally binding. The contract is beeing concluded in electronic commerce via the shop system, creating one or first Login into the alugha User account or through other means of distance communication such as telephone and the e-mail. The offers are a non-binding invitatio ad offerendum which may be accepted by alugha. alugha will inform the User about the acceptance of his offer via confirmation email. alugha reserves the right to refuse, without giving a reason or a separate notice.
3.1 To use all the alugha services as a video provider, a User account is mandatory.
3.2 If a User deletes his alugha User account, then alugha usually archives the account’s content for a maximum of six months, because the User account is just set to inactive at first. If the User reactivates his account again within these six months, the archived content will also be reactivated.
3.3 The User has no right to get his content archived and restored if he has deleted his account because alugha can also delete the content directly without prior archiving.
3.4 alugha reserves the right to indefinitely block or delete the User account if the User violates these GTC or applicable law. This does not constitute a claim for damages for the User. In case of a violation attributable to him, the User has no right to get the locked or deleted data restored.
3.5 If the user defaults on any payment due on this contract, alugha is entitled to block the user account until the outstanding payments have been paid in full.
4.1 alugha User Account must be used solely for User’s own (audio) content.
4.2 It is not permitted to store content of third parties in the alugha User account, unless the User demonstrates that he has the necessary rights. The User confirms by the storage of (audio) content inside the alugha User account that he has acquired all necessary rights of the holders of copyrights, ancillary copyrights and other rights and may freely dispose of them for posting on the Internet.
4.3 It is not permitted to save content inside the alugha User account that violates the law or is contra bonos mores.
4.4 If a prohibited content is reported to or detected by alugha, alugha will delete it and the User account may be locked by alugha (see 3.4).
4.5 If alugha should be sued or otherwise sustain damage due to illegitimate content uploaded by the User, e.g. due to copyright infringement, the User is fully liable towards alugha for the damage so caused and is committed to its replacement. alugha reserves the right to institute proceedings in criminal or civil legal action against the User in these cases.
5.1 The User grants alugha with regard to his legally uploaded video and / or audio files, the non-exclusive, sub-licensable and transferable right, to use these files free of charge, worldwide and unlimited in time even beyond the duration of this contract within the services of alugha.
5.2 alugha receives the right to place its own advertisements and / or advertisements of third parties before, after or during the playing time of the User videos. alugha is also entitled to place its own advertisements and / or advertisements of third parties in the immediate environment of the User videos on its websites.
5.3 If advertising is placed as stated in 5.2, the video owner / user gets a share in the respective advertising revenue, but only if he has subscribed to a charged alugha package. During the free trial period, regardless of the selected package (Pro / Premium), and generally within the free Basic package, the advertising revenues belong exclusively and to the full amount to alugha. When the user subscribes to a charged package, he gets a share in the advertising revenue according to the following distribution:
The contract contains recurring / lasting services. The contract has a minimum term of 12 months if it is not cancelled. If the User does not cancel the contract in time, the term of the contract is automatically renewed for a further period of 12 months. Each Party shall have the right to terminate the contract by giving four weeks' notice to the end of the (minimum) contract period without giving a reason. The right of both parties to extraordinary termination for good cause, without adherence to a termination period, remains unaffected. The termination must be sent by e-mail to firstname.lastname@example.org.
All prices are considered plus 19% VAT for in Germany residing Traders and Non-Traders (Private persons / Consumers) as well as for consumers residing in an EU-Country. Traders residing in an EU-Country are legally bound to declare the respective VAT in their country by themselves. For Traders and Consumers neither residing in Germany or the EU, the prices are applicable without VAT. In addition to the final prices, depending on the type of payment the User choses, other costs which will be displayed before sending the order may occur. The total price for the services during the contract period depends on the selected product and can be viewed while beeing logged in the alugha User account and / or in the order summary before sending the order.
The User has the following options for payment: bank transfer, bill, payment service (PayPal), credit card. The invoice amount has to be transferred to the specified account after receipt of the invoice which includes all the information for the transfer, and which can be accessed in the alugha account at any time. If the User pays via credit card, the User must be the card holder. The credit card will be charged immediately after the order. The User is obliged to pay the stated amount to the account indicated on the invoice within 7 days after receipt of the invoice. Payments shall be due without deduction of the date of the invoice. After the due date, which is thus determined by the calendar, the User is in default without warning. A lien of the User, which is not based on this very same contract, is excluded. Set-off with claims of the User is admissible only insofar as these claims are not disputed or are finally established in law.
alugha attempts to ensure a 99% availability. If alugha has sustained technical difficulties to provide the service, and cannot be held responsible, in particular as a result of force majeure, alugha has the right to withdraw from the contract with the User. The User will be informed immediately and received services, in particular payments, will be refunded to him. The User can not derive damage claims thereof.
alugha guarantees an appropriate implementation of the services ordered by the User in accordance with the accepted technical standard at the time.
Damage claims by the User are excluded, unless otherwise provided for the following reasons. This also applies to representatives and agents of alugha if the User raises claims for damages against them. Excluded are claims for damages by the User for injury to the life, limb, health or essential contractual obligations (cardinal obligations). Likewise, this does not apply to claims for damages based on intentional or gross negligent conduct on the part of alugha or its legal representatives or agents. In this case, the liability is limited to the replacement of the foreseeable, typically occurring damage. In addition, the statutory provisions shall apply.
Claims or rights of the User against alugha may not be assigned or pledged without its consent, unless the User has demonstrated a legitimate interest in the assignment or pledge.
13.2 If the User keeps using the alugha services after the publication of a revised version of these GTC, this shall be deemed as a binding acceptance of the amended GTC.
14.1 The contract is written in German. The further implementation of the contract relationship is done in German or English language. If alugha provides a version of these GTC in a language other than German, this is merely for the convenience of the Users. Decisive for the use of alugha is always the German version. This applies in particular, if any inconsistency or conflict should exist in a different language version.
14.2 Provided the User is an enterprise, a legal entity or a special public fund, Mannheim, Germany shall be the solely place of jurisdiction for all disputes arising from the contractual relationship.
14.3 Legal relations between alugha and the User are subject solely and exclusively to the laws of the Federal Republic of Germany. If the User is a consumer, this only applies insofar as no legal requirements of the country, in which the User has his domicile or habitual residence, are limited thereby.
Right of withdrawal - For consumers only
If the User is a consumer he has 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 on which you received this Instructions on Withdrawal.
To exercise the right of withdrawal, you must inform us (Alugha GmbH, Gregor Greinert or Bernd Korz, O7, 17 68161 Mannheim, Germany, Telephone +49 (0) 621 490 730 - 100, Fax +49 (0) 621 490 730 - 99100, e-mail email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
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, 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. After we received your decision to withdraw from this contract, we will lock your alugha User account immediately.