LEGAL
Terms of use
Last updated January 12, 2025
AGREEMENT TO OUR TERMS OF USE
We are SURAP GmbH ("Company", "we", "us", "our"), a company registered in Germany at Mönchebergstraße 50a, Kassel, Hessen 34125. Our sales tax identification number is DE354462734.
We operate the websites https://www.surap.de and https://www.suraptools.de (the "Websites") and all other related products and services that reference or link to these Legal Terms (the "Legal Terms") (collectively, the "Services").
You can contact us by e-mail at support@surap.de or by post at Mönchebergstraße 50a, Kassel, Hessen 34125, Germany.
These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of a legal entity ("you"), and SURAP GmbH regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.
We will notify you in advance of any planned changes to the services you use. The amended Legal Terms will become effective upon posting or notification via hello@surap.de as specified in the email message. By continuing to use the Services after the effective date of the changes, you agree to be bound by the amended terms.
We recommend that you print out a copy of these legal provisions for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in such jurisdiction or country. Accordingly, persons accessing the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so you may not use the Services if your interactions would be subject to such laws. You may not use the Services in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphic files in the Services (collectively, the "Content"), and the trademarks, service marks and logos contained therein (the "Marks").
Our content and trademarks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and other countries.
Your submissions
Please read this section carefully before using our Services to understand (a) the rights you grant us and (b) your obligations when you post or upload content through the Services.
Submissions: By submitting questions, comments, suggestions, ideas, feedback or other information directly to us regarding the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. You agree that we shall own such Submissions and shall be entitled to the unrestricted use and dissemination thereof for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
3. USER REPRESENTATIVES
By using the Services, you represent and warrant that: (1) all information you provide during registration is true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update registration information as needed; (3) you are legally competent and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you are not accessing the Services through automated or non-human means, whether via a bot, script or otherwise; (6) you are not using the Services for any illegal or unauthorized purpose; and (7) your use of the Services does not violate any applicable laws or regulations.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
In order to use the Services, you may be required to register. You agree to keep your password confidential and are responsible for the use of your account and password. We reserve the right to remove, reclaim or change any username you choose if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We reserve the right to withdraw products from the range at any time and without giving reasons. Prices for all products are subject to change.
6. PURCHASES AND PAYMENTS
Payment methods
We accept the following payment methods:
- Bank transfers (purchase on account)
- PayPal. Payments can be processed via PayPal. By selecting PayPal, you agree to PayPal's terms and conditions.
Monthly/annual subscriptions
The use of certain services requires the conclusion of a subscription. You can choose between monthly and annual subscriptions. The costs and services of these subscriptions are listed on the respective product page.
Subscription management
Subscriptions can be managed via your user account and via Paypal. You can cancel your subscription at any time. Amounts already paid will not be refunded.
Automatic renewal
Subscriptions are automatically renewed at the end of the term if they are not canceled in good time. Annual subscriptions are renewed annually, monthly subscriptions are renewed monthly.
7. SOFTWARE LICENSES
Free trial version
We offer new users who register with the services a 14-day free trial. At the end of the free trial period, use of the SURAP software is deactivated and reactivated when a paid software license is purchased.
Fee changes
We may make changes to the License Fee and will notify you of any price changes in accordance with applicable law.
8. REIMBURSEMENT POLICY
All sales are final and no refunds will be given.
9. SOFTWARE
We may provide software for use in connection with our Services. If such software is accompanied by an End User License Agreement ("EULA"), the terms of the EULA will govern your use of the software. If this Software is not accompanied by an EULA, we grant you a non-exclusive, revocable, personal and non-transferable license to use this Software solely in connection with our Services and in accordance with these Legal Terms. Any software and related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risk arising out of the use or performance of the software. You are not authorized to reproduce or redistribute Software except in accordance with the EULA or these legal terms.
10. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we provide the Services. As a user of the Services, you agree not to do the following: Sell or otherwise transfer your profile.
11. CONTRIBUTIONS
You agree that we may access, store, process and use any information and personal data you provide to us in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback about the Services, you agree that we may use and share this feedback for any purpose without compensation to you.
We do not claim ownership of your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions that you make available in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to hold us harmless from any liability and to refrain from any legal action against us with respect to your Contributions.
12. SERVICE MANAGEMENT
We reserve the right, but have no obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, deny, restrict access to, limit the availability of, or disable (to the extent technically feasible) any of your Submissions or any portion thereof; (4) remove or otherwise disable from the Services, in our sole discretion and without limitation, notice or liability, any files and content that are excessive in size or that impose any burden on our systems; and (5) otherwise administer the Services in a manner that protects our rights and property and facilitates the proper functioning of the Services.
13. DATA PROTECTION GUIDELINES
Data protection and data security are important to us. Please read our privacy policy: https://www.surap.de/datenschutzerklaerung/. By using the Services, you agree to our Privacy Policy, which forms part of this Legal Notice. Please note that the Services are hosted in the United States. If you are accessing the Services from another region of the world that has laws or other requirements governing the collection, use or disclosure of personal information that differ from applicable laws in the United States, your continued use of the Services will transfer your information to the United States and you expressly consent to the transfer and processing of your information in the United States.
14. TERM AND TERMINATION
These Legal Terms will remain in full force and effect while you use the Services. Without limiting any other provision of these Terms of Service, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person if you (including your Authorized Users) otherwise commit a material breach of these Terms of Service and fail to cure such breach within 30 days after written notice of the breach; or (d) you become subject to any bankruptcy or insolvency proceeding, become insolvent, make any arrangement with or affect your creditors by any agreement (including to suspend if SURAP believes in good faith that your (or your Authorized Users') conduct or omission or your Content (i) constitutes a security risk, illegal activity or may otherwise adversely affect Offerings, systems or other users, (ii) constitute or enable tampering with, removal, disabling or otherwise limiting the effectiveness of any technological protection measures, or (iii) give rise to liability of SURAP or its suppliers, resellers, distributors, users or similar third parties.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal and injunctive remedies.
15. CHANGES AND INTERRUPTIONS
We reserve the right to change, modify or remove the content of the Services at any time and for any reason at our sole discretion and without prior notice. However, we are under no obligation to update any information on our Services. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. Hardware, software or other problems may occur or we may need to perform maintenance in connection with the Services, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time and for any reason without notice to you. You agree that we will not be liable for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or suspension of the Services. Nothing in this Legal Notice shall be construed as obligating us to maintain and support the Services or to provide any corrections, updates or releases in connection therewith.
16. LEGISLATION
These legal terms shall be governed by and construed in accordance with German law and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you have your habitual residence in the EU and are a consumer, you will enjoy the additional protection afforded to you by mandatory provisions of the law of your country of residence. SURAP GmbH and you submit to the non-exclusive jurisdiction of the courts of Kassel, Hessen, which means that you can assert your consumer protection rights in relation to these legal terms and conditions in Germany or in the EU country in which you are resident.
17. DISPUTE RESOLUTION
Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/odr
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but we are prepared to do so.
18. CORRECTIONS
The information in the Services may contain typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information in the Services at any time without prior notice.
19. EXCLUSION OF LIABILITY
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ERRORS, ERRORS OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE CLAIM, SHALL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT YOU HAVE PAID TO US WITHIN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF A CAUSE OF ACTION OR . CERTAIN US STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. COMPENSATION
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) breach of your representations and warranties set forth in these Legal Terms; (4) infringement by you of a third party's rights, including but not limited to intellectual property rights; or (5) any overtly harmful act toward another user of the Services with whom you are connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of any such claim. We will use reasonable efforts to notify you of any such claim, suit or proceeding that is the subject of this indemnification as soon as we become aware of it.
22. USER DATA
We store certain data that you submit to the Services in order to manage the performance of the Services, as well as data related to your use of the Services. Although we perform routine backups on a regular basis, you are solely responsible for any data that you submit or that relates to any activity you have performed using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATION, TRANSACTIONS AND SIGNATURES
Visiting the Services, sending e-mails to us, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and through the Services satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, PURCHASE ORDERS AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or to make payments or extend credit by other than electronic means.
24 MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on or in relation to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms apply to the fullest extent permitted by law. We may assign our rights and obligations, in whole or in part, to any third party at any time. We will not be responsible or liable for any loss, damage, delay or failure to perform caused by any cause beyond our reasonable control. If any provision or part of a provision of this legal notice is found to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from this legal notice and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms of Use or use of the Services. You agree that these legal terms will not be construed against us merely because we drafted them. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signature of the parties to execute these Legal Terms.
25 CONTACT
To obtain further information about the use of the services, please contact us using our contact form or :
SURAP GmbH
Mönchebergstraße 50a
Kassel, Hesse 34125
Germany