Terms of Service

  1. General
    1. These Terms of Service (hereinafter referred to as " ToS ") govern the rights and obligations of Customers in connection with their use of the platform, services, applications, and functions (hereinafter referred to as " mogenius - Services " or " mogenius-Products ") offered by mogenius GmbH (hereinafter referred to as " mogenius ", or " Provider ", or " we ").
    2. The ToS shall be deemed exclusive terms and conditions. Any terms and conditions of the user that conflict with or deviate from these ToS shall not be recognized unless we have acknowledged them and expressly agreed to their validity in text form.
  2. Conclusion of contract
    1. A legally binding and enforceable contract shall take effect - unless otherwise agreed - upon successful completion of the registration process.
    2. The Customer can print these ToS (contract text) at any given time. For this purpose, the print function of the respective browser can be used.
    3. We are not obligated to conclude a contract. Rather, we are free to reject the offer of a user to conclude a contract without giving reasons.
    4. Both private individuals and legal entities can become customers of mogenius.
    5. Customers - if private individual - must be at least 18 years old to register a mogenius website. mogenius shall not knowingly collect information of minors or other persons who by law are not permitted to utilize our service and websites. If we become aware that we have collected personal data of minors, we shall delete this immediately, unless we are legally obligated to retain the data.
  3. mogenius-Account
    1. The mogenius-Services allow the Customers to develop and run cloud-based software (" mogenius-Apps ").
    2. In order to use the mogenius platform, registration as a user is required. Each Customer may register a maximum of one (1) mogenius-Account.
    3. For the purpose of registration, it is necessary for the user to choose a username and password. The Customer must treat the credentials confidentially and not disclose it to third parties.
    4. The Customer shall provide complete and exclusively truthful information in his mogenius account. Furthermore, the Customer shall ensure that, insofar as he deposits texts, images or other data in his mogenius account, he has the corresponding rights of use, i.e., that these do not violate statutory provisions, the rights of third parties or these ToS.
    5. The Customer shall immediately notify mogenius of any use of his mogenius account by unauthorized persons so that mogenius can take necessary measures to terminate the unauthorized use. Insofar as the Customer is responsible for the unauthorized third-party use and mogenius has suffered damage as a result thereof, the Customer shall be obliged to compensate mogenius for such damage.
    6. mogenius is entitled to reject the registration of the Customer without giving reasons.
  4. mogenius-Services
    1. mogenius offers the mogenius-Services in different versions to the Customers. The specifications of the current versions can be found at https://mogenius.com/pricing.
    2. Any voluntary, free of charge services and benefits provided by mogenius may be discontinued at any time. In this case, the Customer has no right to continuation of the service.
    3. A user-created mogenius-App created by the Customer shall be published under a subdomain name that shall either be chosen by the Customer or generated automatically.
    4. We shall have the right to employ the services of third parties in accordance with the respective legal provisions applicable to mogenius for service provision and in accordance with the commissioned data processing contract.
    5. To expand its range of services, mogenius may offer third-party services that can be integrated into the websites of Customers. The type and scope of use are also governed by the respective terms and conditions and privacy policy of the third-party provider, to which we refer separately. The use of these third-party services is at the Customer's own risk; mogenius shall not be liable for any damages arising from the use of third-party services.
    6. Before integrating/linking third-party services, the Customer should always check the privacy policy and the terms and conditions of the respective third-party provider, as the integration may give the third-party provider access to the Customer's personal data.
    7. mogenius reserves the right to extend, change or delete services or functions and to make improvements, if these serve technical progress, appear necessary and to prevent misuse. We will only make these changes if the changes are reasonable for the Customer or if we are required to do so by law.
  5. Fees and Terms of Payment
    1. Subject to the Terms, the mogenius-Services are provided to the Customer without charge up to a certain limit. Usage over this limit requires the purchase of additional resources or services. The pricing for additional resources and services can be found at https://mogenius.com/pricing (or such URL as mogenius may provide).
    2. For the use of paid mogenius-Services as well as optional additional services and services of third-party providers, fees are incurred which are due in advance for a full contract term.
    3. All available payment methods are displayed in the product information and/or during the ordering and payment process.
    4. Invoices are provided to the user electronically in the form of PDF-files.
    5. Invoices are due for payment within 14 days after receipt without deduction, unless otherwise agreed in text form.
    6. The date on which the amount is received or credited by mogenius and is available in full shall be decisive for the timeliness of the payment.
    7. mogenius processes all payments through external payment processors, including (but not limited to) Paypal and Stripe. The Customer agrees that mogenius payments will only be accepted through these payment processors and that he authorizes the relevant processor accordingly to debit the relevant amount. In the case of wire transfers, such payment must be directed to the specified payment processor.
    8. If the Customer opts for an automatic renewal of the contract and selects an appropriate payment method, mogenius will automatically collect the invoice amount due on the day of the contract renewal.
    9. In case of payment by bank transfer, the reason of payment communicated by mogenius must be indicated on the bank transfer. If the Customer sends a bank transfer with a different or incorrect reason of payment, the Customer is obliged to inform mogenius immediately and to provide mogenius with proof of payment. This proof of payment must contain the following information:
      1. The IBAN of the account from which the payment was made; and
      2. the name of the account holder; and
      3. the date of payment; and
      4. the amount; and
      5. the purpose/reason for payment (as stated on the transfer form).
      The burden of proof for the payment made lies solely with the mogenius user.
    10. mogenius is entitled to deactivate/block the mogenius-Account of the Customer if due fees are not paid.
    11. mogenius shall not be liable for any loss, damage or loss of revenue caused by the blocking of a mogenius-Account of a Customer due to incomplete or late payment, provided that the failure or delay is attributable to the Customer.
    12. Payments are due in the respective national currency i.e., Euro or USD.
    13. We may change our offer and prices from time to time. mogenius will inform the Customer about upcoming price changes. The Customer can object to the price change within 6 weeks after receiving the information by sending an email to [email protected] In the notice regarding price changes mogenius shall inform the Customer of his right to object and of the consequences of an objection.
      1. If the Customer does not object to the price change within this period, the new prices shall be deemed accepted. The new prices will be applied from the beginning of the billing period following the end of the objection period.
      2. If the Customer objects to the price change in due time, the previous prices shall continue to apply for the Customer. In this case mogenius shall be entitled to terminate the contract with effect from the end of the next billing period.
    14. All prices include the statutory value added tax. The applicable VAT rate will be shown on the invoice.
      1. If the Customer or the respective company is not based in Germany but in the EU, the Customer will receive an invoice in which the VAT is not shown. In this case, the Customer must provide a (valid) VAT identification number when ordering the paid mogenius Services. The mogenius user is in such case responsible for the taxation (reverse charge procedure).
      2. mogenius users outside Europe as well as in Switzerland will receive a net invoice.
  6. Chargebacks
    1. In case of any chargebacks, mogenius reserves the right to block the respective mogenius-App(s) and/or the respective mogenius-Account of the Customer and to terminate the related contract(s).
    2. A reactivation of the use of the mogenius-App(s) and/or the mogenius-Account is only possible after settlement of all outstanding amounts.
    3. Costs incurred by mogenius resulting from a chargeback, a refusal to pay or the opening of a dispute may be charged to the Customer. If the Customer has any questions regarding a payment, he can contact the customer support in advance.
    4. Should problems arise that prevent the collection/debiting of the invoice amount, mogenius reserves the right to offer only certain payment methods for the settlement of the invoice.
  7. Right of Withdrawal
    1. Consumers are generally entitled to a right of withdrawal. Further information on this can be found in the withdrawal instruction.
    2. In the event of the revocation of a contract, we will repay the payment received under this contract immediately and no later than within fourteen days of receipt of the revocation. For this repayment we will use the same means of payment that the Customer used for the original transaction.
  8. Hosting / Infrastructure Providers / THIRD-PARTY Services

    Customer accounts and apps will be hosted by mogenius using third-party infrastructure providers. Customers can make the appropriate configuration for their mogenius-App in their mogenius-Account.

  9. License
    1. Grant of License . mogenius-Products are licensed, not sold. Upon mogenius's acceptance of an order, and subject to Customer's compliance with these ToS, mogenius grants the Customer a non-exclusive, limited license to use the ordered mogenius-Products subject to these ToS. These licenses are solely for Customer's own use and business purposes and are not transferable except as expressly permitted under these ToS or applicable law.
    2. Term of licenses. Licenses granted on a subscription basis expire at the end of the respective subscription period unless renewed. Licenses for metered products that are billed periodically based on usage will continue as long as the Customer pays for the use of the product. All other licenses become perpetual licenses upon payment in full.
    3. Applicable Rights of Use. With respect to perpetual licenses, the rights of use in effect at the time Customer orders a mogenius-Product shall apply. With respect to subscriptions, the usage rights in effect at the beginning of each subscription period apply. Customers with software subscriptions are entitled to use new versions released during the subscription period in accordance with the usage rights in effect at the time such versions are released. With respect to metered products that are billed periodically based on usage, the usage rights in effect at the beginning of each billing period apply. mogenius may periodically update the usage rights, but material adverse changes to a particular version will not apply during the applicable license, subscription, or billing period.
    4. End Users. Customer controls access to or use of the mogenius-Products by end users and is responsible for any use of the mogenius-Products not in accordance with this Agreement.
    5. Reservation of Rights. mogenius reserves all rights not expressly granted in these ToS. The mogenius-Products are protected by copyright and other intellectual property laws and international treaties. No rights are granted or implied by waiver or forfeiture. Access and use rights for a mogenius-Product on a device do not entitle the Customer to implement mogenius patents or other mogenius intellectual property in the device itself or in other software or devices.
    6. Restrictions. Except as expressly permitted in the ToS or in the product documentation, the Customer may not (and is not licensed to)
      1. reverse engineer, decompile, or disassemble a mogenius-Product, or attempt to do so,
      2. install or use non-mogenius software or technology in a manner that would subject mogenius intellectual property or technology to different license terms,
      3. circumvent any technical limitations in a mogenius-Product or limitations in product documentation,
      4. split off portions of a mogenius-Product and run them on more than one device,
      5. upgrade or downgrade parts of a mogenius-Product at different times,
      6. transfer parts of a mogenius-Product separately; or
      7. distribute, sublicense, rent, lease or loan all or any portion of a mogenius-Product or use it to provide hosting services to a third party.
    7. License Transfers. The Customer may only transfer fully paid perpetual licenses under these ToS to (1) an Affiliate or (2) a third party solely in connection with the transfer of hardware or personnel to whom the licenses were assigned in the course of (a) a sale of all or part of an Affiliate or (b) a merger involving the Customer or an Affiliate. Upon such transfer, the Customer must uninstall and discontinue use of the licensed mogenius-Product and render any copies unusable. The Customer must notify mogenius of any license transfer and provide the transferee with a copy of these ToS, applicable usage rights, and other documentation necessary to show the scope, purpose, and limitations of the transferred licenses. Nothing in these ToS prohibits the transfer of software to the extent permitted by applicable law when the distribution right has been exhausted.
  10. User Data
    1. The Customer confirms that all the personal data provided by him is true and complete. mogenius reserves the right to request appropriate proof of identity on a case-by-case basis.
    2. The Customer is obliged to keep his personal "contact" information up to date at all times.
    3. The Customer is required to maintain strict confidentiality regarding all login data, identification, and passwords to prevent third parties from accessing their login data. If the Customer has reason to believe or suspects that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, he shall inform mogenius immediately and change his login data.
    4. The Customer agrees to receive electronic communications from us for contractual purposes (e.g., invoices, important contractual information, or authoritative technical changes). It is therefore very important that mogenius-Account data is kept up to date. mogenius shall accept no liability or responsibility should the Customer fail to receive an email notification because the email address is incorrect/invalid. Customers can revoke their consent to receive this information electronically in the future by contacting mogenius ([email protected]) at any time. In this case however mogenius shall reserve the right to close the user's mogenius-Account pursuant to section 13 of these ToS.
  11. General Customer Obligations
    1. The customer is responsible for setting up and maintaining the Internet access required for the use of the mogenius-Services at his own expense. In connection with the use of the mogenius-Services, data and connection charges may be incurred by mobile network operators, the payment of which is the responsibility of the Customer. The Customer shall be responsible for obtaining and updating the compatible hardware and devices required for the use of the mogenius Services as well as for corresponding updates.
    2. The Customer is responsible for all content published, made available, provided, or stored by him in his mogenius-App(s). mogenius is not obliged to check the Customer's mogenius App(s) for violations of law.
    3. The Customer is responsible for complying with all laws that apply to them and their end-users, within the applicable jurisdiction, as well as the regulations of the Federal Republic of Germany. This also applies explicitly to any additional legal regulations regarding the operation of an online store.
    4. To the extent that the Customer is required by law to provide information (" Imprint ") in its mogenius-App in relation to its business/service/information offering, the Customer shall be under a corresponding obligation to provide such information when first publishing the mogenius-App.
    5. If the mogenius user is a business, a natural person must be named as the contact person for the mogenius-App and the corresponding contract. If this contact person changes at any time, mogenius must be informed immediately.
    6. mogenius regularly performs backups of the mogenius servers. Individual mogenius sites and or the content therein cannot be restored from these system backups. The Customer bears the sole responsibility for the saving and securing of his mogenius-App data and contents. Customers should regularly create backups of all their mogenius-Apps to avoid damages due to data loss.
  12. Inadmissible Actions
    1. The Customer is prohibited from any actions on mogenius-Apps that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. The Customer is prohibited from publishing, distributing, offering, and advertising:
      1. content that is pornographic, obscene or immoral in nature;
      2. content that is in violation of relevant legislation regarding the protection of minors, that violate data protection regulations and that otherwise violate the law and/or content/services/products that are fraudulent in nature;
      3. content that glorifies or trivializes war, terror and other acts of violence against people or animals;
      4. content based on based on sex, race, color, ethnic group or social origin, language, religion or belief, political or any other opinion, birth, disability, age or sexual orientation, nationality etc. that may insult or slander other users or third parties based on;
      5. content and/or communications that are deemed to promote and/or support racism, radicalism, fascism, fanaticism, hate, physical and psychological violence or illegal activity (whether explicit or implicit) or that otherwise breach the standards of common decency;
      6. content directed at insulting and/or slandering and/or defaming(defamation) other participants/persons or third parties;
      7. content, services and or products that are legally protected or encumbered with the rights of third parties (copyright/trademark protection), without being demonstrably entitled to do so.
    2. This obligation also applies to any links (Hyperlinks) included in the mogenius-Apps by the Customer, pertaining to such content as described above, included on external platforms or services. Furthermore, independent of any possible legal ramifications, the following activities as concerns the setting of the Customer's own content (e.g., via the setting of links), are also prohibited:
      1. the distribution and/or otherwise transmission or execution of viruses, trojans and other damaging data;
      2. the sending of junk, spam or scam mails as well as "chainmail";
      3. Utilization of a mogenius website for spam purposes and creation of free mogenius websites for link-building and/or SEO spam;
      4. the harassment of others e.g., via multiple instances of contact via a mogenius site without or in contravention to the reaction of the recipient, as well as the promotion or encouragement of such harassment;
      5. the requesting of passwords or other personal data via the Customer's mogenius site for commercial or illegal purposes (phishing);
      6. the making available, publication, offering and/or the advertisement of bonus systems, Paid4Mail-Services, Pop-Up-Services, Snowball systems, pyramid schemes or other similarly functioning schemes as well as engaging in unethical marketing or advertising;
      7. the offering of games of chance such as public sports betting, general betting and lotteries etc. without permission from the relevant authority;
      8. the procurement or indirect procurement of loans and private loans in a commercial manner without demonstrable permission from a relevant authority.
    3. Furthermore, every action that could influence the normal functioning of the mogenius platform is prohibited.
    4. If a claim is made against mogenius for unlawful content that the Customer makes available in his mogenius-App (e.g., for injunctive relief, revocation, correction, damages, etc.), then the Customer is obligated to reimburse mogenius for all costs incurred as a result. The Customer is also obligated to assist mogenius in any way possible in defending against such claims.
  13. Blocking Access to the mogenius-Account
    1. mogenius reserves the right to block access to the mogenius-Services either temporarily or permanently if there are concrete indications that the Customer has violated or shall violate these ToS and/or the law, or if mogenius has a legitimate interest in blocking access.
    2. Furthermore, access may be blocked if the Customer is more than 30 days in arrears with his payment. In this case mogenius shall also be entitled to request the deletion of the Customer's domain name(s) from the respective registrar.
    3. In deciding whether to block access, due consideration shall be given to the legitimate interests of all parties involved.
  14. Warranties / Service Disruption
    1. The mogenius-Platform is provided "as is" without warranties or conditions of any kind, either express or implied. This includes, but is not limited to, warranties or conditions of merchantability, fitness for a particular purpose, good quality and workmanlike performance, and non-infringement. mogenius makes no warranties or representations as to the accuracy or completeness of the content displayed through the mogenius-Platform or the content of any website linked to the mogenius-Platform. Further, mogenius assumes no liability or responsibility in contract, warranty, or any other tort for (i) errors, mistakes or inaccuracies in content; (ii) property damage of any kind resulting from user's access to and use of the mogenius-Platform; (iii) any access to or use of the servers and/or any personal data and/or financial information stored therein; and (iv) events beyond mogenius' reasonable control.
    2. mogenius endeavors to ensure the best possible availability of the mogenius services. However, the Customer acknowledges that for technical reasons as well as due to mogenius' dependence on external factors (e.g., unavailability of telecommunication networks, power failures, hardware and/or software failures etc.) the uninterrupted availability of the individual mogenius-Services cannot be guaranteed. Therefore, the Customer has no right to uninterrupted access to the mogenius-Services. Access restrictions of a temporary nature do not justify warranty claims or the right to extraordinary termination. The status of our systems can be viewed at the following link: https://studio.mogenius.com/
    3. For paid mogenius-Services, mogenius guarantees a full-year availability of 98% within the scope of its responsibility. Regular maintenance work, which can amount to up to 4 hours per week, is not included in the calculated availability. We strive to keep maintenance times as short as possible.
    4. Defects. With regard to claims based on material defects or defects of title (collectively referred to as " Defects "), the following paragraphs (i) - (v) shall apply.
      1. In the event of fraudulent concealment of a Defect, Customer's rights and the statute of limitations with respect thereto shall be governed solely by applicable law.
      2. mogenius warrants that each mogenius-Service will perform as provided in the applicable service level agreement (SLA) (if any) during Customer's use. Customer's remedies for breach of this warranty are set forth in the SLA. However, this does not affect Customer's statutory rights under the warranty.
      3. mogenius warrants that the Software will perform substantially as described in the applicable product documentation. If it does not, and Customer notifies mogenius of this within the warranty period, mogenius will (at its option) either correct the Defect or provide a replacement in the form of a new product, free of charge. Customer agrees to assist mogenius in remedying the defect by providing any necessary information and documentation, and otherwise providing any reasonable assistance.
      4. mogenius' obligations do not apply to problems resulting from accident, abuse, or use inconsistent with these ToS, such as failure to meet minimum system requirements. These warranties do not apply to free, trial, preview, or pre-release mogenius-Products or to components of mogenius-Products that the Customer may redistribute.
      5. All claims the Customer may have against mogenius under this section are subject to a one-year statute of limitations.
    5. Rental. To the extent that the mogenius-Services are deemed to be provided on a rental basis and are not subject to German statutory lease provisions, the foregoing statutory warranty provisions do not exclude or limit Customer's statutory warranty rights. The provisions on statutory warranties apply to claims arising from defects subject to the following paragraphs (i) - (ii). Any additional warranty arising from Customer's remedies under these ToS and its accompanying documents shall not affect.
      1. The Customer waives (1) the right of set-off, (2) the right of reduction, and (3) to the fullest extent permitted by applicable law, the right of retention, provided that any claim arising under the foregoing is neither undisputed nor finally determined by applicable law. For the avoidance of doubt, any claims by the Customer for unjust enrichment against mogenius are not hereby excluded.
      2. Any service credits identified in the Service Level Agreement (SLA) that are assessed against Customer's applicable service fees for any performance or availability issues in accordance with this section and the applicable SLA will be automatically assessed against any claim the Customer may have for unjust enrichment or claims of expense or deficiency based on the same incident that caused such performance or availability issues.
  15. Responsibility for contents
    1. The Customer is completely responsible for all content he posts. mogenius is not obliged to check the contents in advance for completeness, correctness, legality, topicality, quality, and suitability for a particular purpose.
    2. The Customer represents and warrants to us that he is the sole owner of all rights in the content he posts to his mogenius-App, or is otherwise authorized (e.g., by effective permission from the rights holder) to post the content to his mogenius-App.
    3. mogenius reserves the right to refuse, block or remove the posting of content and/or content already posted (including private messages) without prior notice if the posting of the content or the posted content itself constitutes or results in a breach of these ToS or if there are clear indications that a serious breach of these ToS will occur. In doing so, the legitimate interests of the Customer shall be considered and proportionate measures to prevent and/or remedy the violation shall be taken.
    4. The Customer shall indemnify mogenius upon first request against all claims of third parties which such third parties assert against mogenius due to a violation of statutory provisions, rights of third parties (in particular personal rights, copyrights and/or trademark rights) or with regard to contractual obligations, representations or warranties (guarantees) committed by the Customer, including the costs of a legal defense (attorney's fees and court costs in the statutory amount). In the event of a claim arising from such conduct, the Customer shall be obliged to cooperate fully and without delay and to clarify the facts, as well as to make all necessary information available to mogenius in an appropriate manner.
  16. Contracts and Cancellations
    1. Unless stipulated otherwise in the respective mogenius-Service description, the contract for the paid mogenius-Services shall be extended by the same originally agreed period if the contract is not terminated one month prior to the end of the respective term.
    2. A free mogenius-App can be deleted by the Customer at any time using the settings and/or the menu on the respective mogenius website. A mogenius-Account can be deleted by the Customer via the dashboard settings.
    3. The Customer can cancel his contract without stating a reason and the Customer will receive a full refund within 14 days of the initial purchase. We will return the Customer's payment using the same payment method that the Customer originally used. Cancellation requests must be submitted by email to [email protected]
    4. The Customer's cancellation request must be received within 14-days of the initial purchase for the Customer to receive his refund. After the 14-day period, the Customer can cancel the contract at any time, but no refund is provided.
    5. Cancellations can be directly submitted by the Customer via https://studio.mogenius.com
    6. Fees paid in advance shall not be refunded upon termination of the contract or deletion of the mogenius-App prior to the end of the contract period.
    7. The Customer has the possibility to change his current package. An upgrade or downgrade to another package is possible at any time.
    8. mogenius may terminate the contracts with the Customer unilaterally and without stating reasons by giving at least three months' notice. In such a case mogenius will refund any fees paid by the User in advance on a pro rata basis.
    9. The right of both parties to terminate the contract for cause remains unaffected.
    10. We shall have the right to terminate the contractual relationship without notice if circumstances lead to the assumption that the Customer has intentionally or negligently committed inadmissible actions pursuant to clause 6 of these ToS or has breached any other obligations under these ToS. Such breach and/or non-compliance may also result in further civil and criminal penalties for the Customer. In this case, any installments paid in advance will not be refunded. The Customer is entitled to prove that the non-reimbursement is unreasonable in his case.
    11. After termination of the contractual relationship, we are no longer obliged to provide the contractual services. We may delete all data of the mogenius user located on our servers. It is not possible to transfer the entire app to a third-party server. The timely storage and backup of the data is therefore the sole responsibility of the mogenius user.
    12. In addition to the rights granted by mogenius under these ToS, mogenius may take further action if mogenius determines that a security breach in a Customer's App could result in unauthorized disclosure of Customer Data or may require that the Customer provide mogenius with information about such a breach.
  17. Privacy Policy and Data Protection
    1. If declarations of consent under data protection law are obtained from the Customer in the context of the use of our services, it is hereby pointed out that these can be revoked by the Customer at any time with effect for the future.
    2. The Parties shall conclude the data processing agreement (" DPA ") attached to these ToS as an annex.
    3. mogenius is constantly looking for solutions to improve the services provided to the Customer. In this context, we may also change details of how we process personal data via our website(s). The latest information on the purpose, type and scope of the collection, processing and use of personal data via our website(s) as well as information about third-party providers can be found in the privacy policy, which can be accessed at any time at https://mogenius.com/en/privacy.
  18. Limitations of Liability
    1. mogenius shall be liable without limitation for intent and gross negligence.
    2. In the event of slight negligence, we shall only be liable if we have violated an essential contractual obligation. In this context, essential contractual obligations are defined in the abstract as obligations the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the Customer may regularly rely on. In these cases, liability is limited to the compensation of the foreseeable, typically occurring damage, but not more than the amount of one year's remuneration for the respective mogenius-App.
    3. Liability for indirect and unforeseeable damages, loss of production and use, loss of profit, loss of savings and financial losses due to claims by third parties, is excluded in the case of simple negligence - except in the case of injury to life, body, or health.
    4. If mogenius-Services are considered to be leased and are subject to the statutory provisions of German lease law, mogenius will not be liable for damages based on defects under Section 536 of the German Civil Code (BGB) that existed at the time the lease was entered into, provided that mogenius acts or fails to act without fault. In this respect, Section 536 a Paragraph 1, Item 1 BGB does not apply.
    5. Any further liability than provided for in this contract is excluded - regardless of the legal nature of the asserted claim. However, the foregoing limitations or exclusions of liability shall not apply to any strict liability prescribed by law (e.g., under the Product Liability Act) or to liability under a strict warranty.
    6. Insofar as liability is excluded or limited pursuant to this clause 18, this shall also apply to the personal liability of mogenius' employees, representatives, organs and vicarious agents.
    7. All claims for damages or reimbursement of expenses based on defects shall become statute-barred within one year. The provision of § 438 para. 1 no. 1 a) BGB remains unaffected.

      All other claims for damages or reimbursement of expenses against mogenius are time-barred within two years after they arise.
  19. Amending these ToS
    1. mogenius is entitled to change provisions of these ToS at any time and without stating reasons, provided that this change does not lead to a redesign of the contractual structure.
    2. The essential provisions of the contractual structure include provisions concerning the type and scope of the contractually agreed services, the term and termination of the contract.
    3. In addition, mogenius is entitled to amend or supplement these ToS if this is necessary to eliminate difficulties in the performance of the contract due to regulatory gaps that have arisen after the conclusion of the contract.
    4. The amended terms and conditions shall be sent to the users by e-mail at least six (6) weeks before they come into force. The amendments shall be deemed approved if they are not objected to in text form. The objection must be received by mogenius within six (6) weeks after receipt of the notice regarding the amended terms and conditions. mogenius will specifically point out this possibility of objection and the significance of the six-week period in the notification of the amended terms and conditions.
    5. If a user exercises his or her right to object, the proposed amendment shall be deemed rejected. The contract will then be continued without the proposed changes.
  20. Final Provisions
    1. These ToS shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The application of conflict of law's provisions and the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) of April 01, 1980 is excluded.
    2. Insofar as the Customer is a merchant within the meaning of § 14 BGB (German Civil Code), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these ToS shall be Cologne (Germany).;
    3. Should one or more clauses in these ToS be invalid in whole or in part, this shall not affect the validity of the ToS in other respects. In this case, the invalid clause shall be replaced by a clause that comes closest to the economic intent of the parties. The parties are obliged to cooperate in a corresponding clarification of the text of the agreement. The same shall apply to any gaps contained in these ToS.
    4. For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution ("ODR platform") at https://ec.europa.eu/consumers/odr/.

      Please be aware that mogenius is neither obligated nor willing to participate in this alternative, online dispute resolution platform.