Terms and Conditions
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Terms and Conditions

  1. General, Scope, Customers
    1. These terms and conditions apply to all legal relationships of the Elody UG (haftungsbeschränkt) (hereinafter: „Provider“) to the users of the website elody.com and all sub-pages (hereinafter also: „website“). Users of the website may be Contributor or End-User, or both. Contributors include anyone who uploads their own software on the website. Contributors also agree to a separate license agreement mentioned later in this document. End-Users are all those who use the services offered by the Provider.
    2. Deviating terms and conditions of the users do not apply unless the Provider has expressly confirmed this in writing. Individual agreements always have priority.
    3. The contract text is not stored by the Provider after conclusion of the contract and is therefore not accessible. The contract language is english. The user can retrieve, save and print these terms and conditions.
    4. The business relations between the Provider and the users are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
    5. Place of jurisdiction is the court responsible for the Provider, as far as the user is a merchant, a legal entity under public law or a special fund under public law.
    6. Consumers have the opportunity to use alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as the central point of contact for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa.eu/consumers/odr.
    7. Information obligation acc. Consumer Dispute Settlement Act (Sec. 36 VSBG): The Provider is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
  2. Contents of the website, conclusion of contract, restriction of the offer
    1. The website is an interactive platform on the Internet offering software solutions for End-Users. End-Users can search for a problem solution and also upload their own data and content. The offered software programs are not offers of the Provider but offers of third parties (Contributors) who have granted the Provider a license to use these programs. The Provider can inform the users of the website by links to third-party content and third-party applications (hereinafter referred to as "third-party content"). If and in so far as the conclusion of a contract is offered in connection with these third-party content, this is concluded exclusively with the respective provider. For the convenience of the end-user, the third-party content is kept hidden by default and only the results are shown to the End-User when the website is used to solve a problem. The End-User can however find out detailed information about the used third-party content at any time by clicking the appropriate button in a scenario they are running.
    2. The Provider may combine various software products from different Contributors to deliver the desired result to the End-User.
    3. A contractual relationship is concluded between the Provider and the respective End-User. Entering a problem involves bidding for a service contract to search through contributor software solving codes for problem solving, executing the appropriate software programs and presenting the results. By default, the selected programs will be executed online on the website's servers and the results will be shown to the user online and offered for download. Optionally, an End-User may choose to use the software "lod-executor", described under https://elody.com/tutorial/lod_executor/ and available for download through pip. If they do, the third-party programs will be executed locally on the computer where the lod-executor is being run instead of being executed on the website's servers.
    4. If the End-User uses the lod-executor, it will automatically download and execute third-party software as required by the website. Use of the downloaded software is only permitted in the context of its automated use by the lod-executor. Disclosure to third parties or commercial use is prohibited. Any other use of the content transmitted by the Provider is only permitted with its express consent.
    5. Once a scenario has been started on the website, the execution of code happens automatically. By starting a scenario and giving instructions and/or uploading data, the End-User implicitly gives consent to execute the programs that the Provider decides are appropriate for solving the problem. This is also true if the lod-executor is being used.
    6. The Provider is not responsible for the accuracy of a delivered result. The result is only the result of third parties.
    7. If an End-User uses the lod-executor to execute third party programs locally, the Provider is not responsible for any side effects of executing these programs. The lod-executor uses the Docker system to encapsulate third-party programs and prevent them from accessing the End-User's data beyond what they need to perform their function. In the event that a malicious third-party program manages to circumvent the security measures and affect the End-User's computer, liability lies with the third-party Contributor who uploaded the program.
    8. The Provider attempts to ensure that malicious software is recognized and prevented from execution. To do this, the Provider relies on the evaluations of programs and rules made by its users. End-Users have the option to modify parameters that the website uses to decide which third-party programs to execute and can in this way change their security requirements for the programs that are selected for execution.
    9. The Provider may restrict access to its own services, provided that the security of the network operation and / or the maintenance of network integrity, in particular the prevention of serious network faults, software or stored data, so require.
  3. Use as a guest
    1. It is possible to use the website without registration, under some limitations. An unregistered user is able to use the website to start a scenario and solve a problem in the same way a registered End-User can. However, they can not use paid services and any data they upload will be made publicly available in order to allow Contributors to improve their programs. This is clearly indicated in a warning message, to prevent registered users from accidentally starting a scenario without logging in first.
  4. Registration
    1. Accessing all features of the website is only possible after prior registration as a member. This includes the option of searching for software solutions as an End-User or using the services of the website or uploading software as Contributor. A user can register for free.
    2. The registration takes place by the opening of a user access, whereby each user must accept these terms and conditions. Upon completion of the registration process, a contract is concluded between the Provider and the respective user for the use of the website (hereinafter referred to as the "user agreement"). Until the completion of the registration access, the user can correct his input directly with the usual keyboard and mouse functions in the corresponding input fields. The Provider will use the email address given by the user for communication and will send a confirmation email to that address so the user can confirm their registration.
    3. Registration is only allowed to persons with unlimited legal capacity. Minors can not register. Each user may only have one access; a transfer of access is not possible.
    4. The data requested by the Provider during registration must be correct. If the specified data changes subsequently, the user is obliged to correct the information immediately.
    5. When registering, users enter a username and choose a password. The specified e-mail address provided will be used for communication between the Provider and the users. Users need to keep their password secret. Users are responsible for the security of their passwords.
    6. Each user is obliged to inform the Provider immediately if there are indications that his access has been abused. Each user is basically liable for all activities that are carried out using his access, and indemnifies the Provider from any claims for damages from third parties, unless the user is not responsible for the abuse.
  5. Duration of the use contract
    1. The registration as a user is indefinite. Each user can cancel his contract of use at any time in writing or by e-mail. The right to extraordinary termination remains unaffected for both parties. The usage data will be deleted within one week after receipt of the termination, if there is no legitimate interest in further storage.
  6. Fees
    1. Contributors charge fees for offering some software codes. Before running the programs, the End-User is offered to use a paid software. In such a case, the Provider receives a commission of 30 percent. Use of paid software without prior payment is not possible
    2. The individual fees as well as the commission are due for payment immediately and can be settled via the payment methods accepted by the Provider (PayPal). If the debt collection fails, the end user has to reimburse the Provider for the extra costs incurred, insofar as he is responsible for the failure.
    3. The Provider invoices the fees and commissions incurred monthly to the End-User and makes the invoice available to the End-User via e-mail.
  7. Procedural obligations of Contributors, indemnity for violations
    1. The Contributor retains the ownership and responsibility for all software they upload to the website. The Contributor grants a license to Elody UG (haftungsbeschränkt) for each software they upload to the website. This license is described on the following page: https://elody.com/contributor_software_license_agreement/.
    2. The software uploaded by Contributor is generally not checked by the Provider. However, should the Provider become aware that a Contributor is infringing on these terms and coniditions or any law, the illegal content will be removed immediately or access to it will be blocked.
    3. The Contributor is responsible for ensuring that he has all rights with regard to the content published by him and that no rights of third parties are thereby infringed. By uploading and concluding the Software License Agreement, the Contributor irrevocably and gratuitously grants the Provider the unlimited right, in terms of space, time and content, to use and exploit the content provided on the Website. In no way do contents represent the opinion of the Provider. The Provider does not adopt these as his own.
      Content that meets any of the following criteria may not be uploaded:
      • are immoral, pornographic, racist or otherwise offensive;
      • are unobjective or deliberately untrue or misleading,
      • violate the rights of third parties, in particular copyrights,
      • in other ways violate applicable laws or constitute a criminal offense,
      • contain viruses or other computer programs that can damage software or hardware, or interfere with the use of computers or are otherwise insecure,
      • are surveys or chain letters or disguised advertising, or
      • serve the purpose of collecting and / or using personal data of other users for particular business purposes or in violation of existing data protection laws.
    4. If the Provider becomes aware of a breach of the above provisions, he reserves the right to change or delete the content in question. If third parties assert claims for damages against the Provider because of such an infringement, the responsible Contributor shall indemnify the Provider from this.
  8. Procedural obligations of End-Users, indemnity for violations
    1. The contents uploaded by End-Users are generally not checked by the Provider. However, should the Provider become aware that a End-User is infringing on these terms and coniditions or any law, the illegal content will be removed immediately or access to it will be blocked.
    2. The End-User is responsible for ensuring that he has all rights with regard to the content published by him and that no rights of third parties are thereby infringed. By uploading the End-User irrevocably and gratuitously grants the Provider the unlimited right, in terms of space, time and content, to use and exploit the content provided on the Website. In no way do contents represent the opinion of the Provider. The Provider does not adopt these as his own.
      Each end-user agrees not to use the website's offer to publish any software code or other contents that
      • are immoral, pornographic, racist or otherwise offensive;
      • are unobjective or deliberately untrue or misleading,
      • violate the rights of third parties, in particular copyrights,
      • in other ways violate applicable laws or constitute a criminal offense,
      • contain viruses or other computer programs that can damage software or hardware, or interfere with the use of computers or are otherwise insecure,
      • are surveys or chain letters or disguised advertising, or
      • serve the purpose of collecting and / or using personal data of other users for particular business purposes or in violation of existing data protection laws.
    3. If the Provider becomes aware of a breach of the above provisions, he reserves the right to change or delete the content in question. If third parties assert claims for damages against the Provider because of such an infringement, the responsible End-User shall indemnify the Provider from this.
  9. Valuation
    1. End-Users can valuate the service after using the website for problem solving. Fair and truthful feedback is important to the functioning of the website. The reviews are not checked by the Provider and may be inaccurate or misleading.
    2. End users are required to provide only truthful information in the reviews. The ratings submitted by users must be factual and must not contain any censure.
      Any improper use of the rating system is prohibited. In particular, it is prohibited:
      • to include in ratings circumstances that are not related to the use of the website and problem solving,
      • to impose other users by threatening to give or not to give a valuation of an act, acquiescence or omission,
      • to give other unfair feedback.
  10. Blocking
    1. The Provider may take the following measures if there are concrete indications that a user violates legal regulations, third-party rights or these terms and conditions, or if the Provider has another legitimate interest, in particular for the protection of other users:
      • warning of users, or
      • Provisional, partial or final blocking.
    2. The Provider can definitively exclude a user from the active use of the website (final blocking) even if he has provided incorrect contact details at the time of registration, in particular an incorrect or invalid e-mail address if he causes significant harm to other users or if there is another important reason.
    3. As soon as a user has been provisionally or permanently blocked, he may no longer use the website with other user accesses and not re-register.
  11. System integrity and disruption of the website
    1. Users may not use any mechanisms, software or other scripts in connection with the use of the website that may interfere with the functioning of the website, in particular those that allow the generation of automated page views.
    2. Users may not take any action that could result in an unreasonable or excessive burden on the infrastructure.
    3. Users may not block, overwrite or modify content generated by the Provider or interfere with the website in any other way.
  12. Responsibility for content, liability
    1. The Provider assumes no responsibility for ensuring that the information and documentation provided on the website are complete, correct and up-to-date. This applies in particular to Contributor's offers and software codes.
    2. Outside the liability for material and legal defects, the Provider is liable for damage caused by him unlimited, as far as the cause of damage is based on intent or gross negligence. The Provider is also liable for the slightly negligent violation of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (duties whose fulfillment makes the proper execution of the contract in the first place and on whose compliance the user regularly trusts ), but only for the predictable, contract-typical damage. For the slightly negligent violation of other than the above obligations, the Provider is not liable. A liability for the compensation of indirect damages, in particular for lost profit, exists only with intent or gross negligence of legal representatives, executive employees or other vicarious agents of the Provider.
    3. The limitations of liability of the preceding paragraph shall not apply to injury to life, limb or health, to a defect following the assumption of a guarantee and to fraudulently concealed defects.
    4. If the liability of the Provider is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents.
    5. Contributors are not vicarious agents of the Provider.
    6. We will never ask you for your password or for other secret information. Programs written by external developers may do so, since this may be necessary for some features. If this happens, do not trust blindly but act with due dilligence. Contact us if you suspect someone is trying to steal private information for illegitimate purposes.
    7. The Provider provides End-Users the ability to configure the security parameters used by Elody. These influence which users are trusted, which programs get executed and which external websites you trust that may be sent your data. The End-User is responsible for using reasonable security parameters that match their security requirements.
  13. Data protection, consent to data processing
    1. The user is aware and voluntarily agrees that the personal data required to process the user relationship will be collected and stored on data carriers. The user expressly agrees to the collection, processing and use of his personal data for the purpose of implementing the user contract. This includes all data required for the orderly processing of the contract concluded between the user and the Provider, ie in particular name, address, contact details (telephone and fax numbers, e-mail address); but also the anonymous evaluation of files that have been requested, as well as the name of the file, the date and time of the query, the amount of data transferred, the access status (file transfer, file not found, etc.), a description of the type of web browser used. These data are necessary to execute the contract. The Provider is further entitled to inform the respective Contributor of the data necessary for the execution of a closed contract.
    2. The stored personal data are treated confidentially by the Provider. The collection, processing and use of personal data takes place in compliance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The user has the right to revoke his consent at any time with effect for the future. The legality of the processing on the basis of the consent until the revocation is not affected. The Provider is obliged in case of cancellation to delete the personal data of the user. In the case of current contractual relationships of a user, the cancellation takes place after termination of the contract.
    3. The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. a GDPR. In addition, when initiating a contractual relationship or carrying out a contract, the legal basis is Art. 6 para. 1 sentence 1 lit. b GDPR.
    4. Responsible according to GDPR for the data processing is the Elody UG (haftungsbeschränkt), Unterer Graben 5, 85084 Reichertshofen (Germany), contact@elody.com, +4917661973300.
    5. Users have the right to rectification (Art. 16 GDPR), to erasure (‚right to be forgotten‘) (Art. 17 GDPR), to restriciton of processing (Art. 18 GDPR), to data portability (Art. 20 GDPR), to complain at a regulatory authority (Art. 77 GDPR). All these rights can only be exercised if the legal requirements are met.
  14. Change of these terms and conditions
    1. The Provider reserves the right to change these terms and conditions at any time and without naming reasons. The changed conditions will be sent to the users by e-mail at the latest two weeks before their entry into force. If a user does not object to the validity of the new terms and conditions within six weeks of receiving the e-mail, the changed terms and conditions shall be deemed accepted. The Provider will inform the users in the e-mail, which contains the changed conditions, of the importance of this period separately.
  15. Right of Withdrawal for consumer
    1. Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed.
    2. You have the right to withdraw from this contract within fourteen days without giving any reason.The withdrawal period is fourteen days from the date of conclusion of the contract.
    3. To exercise your right of withdrawal, you must inform us (Elody UG (haftungsbeschränkt), Unterer Graben 5, 85084 Reichertshofen (Germany), contact@elody.com, +4917661973300) of your decision by means of a clear statement (eg. a letter sent by post, fax or e-mail) to revoke this contract. You can also electronically complete and submit the Model Revocation Form or any other unequivocal statement on the website. If you make use of this option, we will immediately send you (eg. by e-mail) a confirmation of the receipt of such a revocation.
    4. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
    5. Consequences of the Withdrawal: If you withdraw from this Agreement, we will refund you all the payments we have received from you, including any delivery charges (other than the additional costs arising from choosing a different type of delivery than the most favorable standard delivery we offer) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
    6. If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract
  16. Privacy Policy
    1. By agreeing to this document, you also confirm that you have read and agree with this website's Privacy Policy.
  17. Beta Phase
    1. The website is currently in Beta. This means it is continuously being tested and improved upon, but it also means that security features and safety guarantees, including all those stated elsewhere in this document, are still being implemented. While the website is most likely safe, no guarantees can be made at this time.

Note:

This document also has a more understandable abbreviated version here. This page is a legal document and takes precedence over the abbreviated version under all circumstances. The abbreviated document exists purely for your convenience and has no legal relevance.