Terms & Conditions

Along Technologies GmbH - www.alongspace.com

These terms were last updated on November 5th, 2024.

Scope of application

1.1 These General Terms and Conditions of Use ("Terms") apply to all Software as a Service services ("SaaS" or "Software") under the contractual relationship ("Contract") between Along Technologies GmbH ("Company", "Along", "we") with the current address and commercial register information according to the imprint on the website https://www.alongspace.com/imprint and the sole proprietor or company as customer ("Customer", "you") with all content, functions, services and rules. The Client's general terms and conditions shall only become part of the contract if Along expressly approves them in writing.

1.2 Customers may only be entrepreneurs as defined in § 14 BGB (German Civil Code). The GTC does not apply to consumers as defined by § 13 BGB.

Subject matter of the contract

2.1 The subject matter of the contract is the use of the software within the scope of a subscription. Along provides web-based software for the creation of so-called digital sales rooms (DSRs). If these are used by you to generate data from visitors to the Mobile Funnels you create, these visitors are referred to as "End Users" for the purposes of these TOS. Details of the features of the Software are available on the website https://www.alongspace.com/pricing. As part of the Agreement, the TOS apply in full to the information provided there.

2.2 We offer our software in different plans with different functionalities. In addition, so-called addons are available, with which you can use specific functions as well as increased quotas in addition to your plan. Furthermore, we offer packages that may only be available to certain customer groups (e.g. new customers), may be time-limited and combine the software with additional digital content. Specific information on plans and add-ons can be found at https://www.alongspace.com/pricing.

Scope of services

3.1 You are only entitled to the software and services agreed upon at the conclusion of the contract according to the web pages mentioned in §2.1 and §2.2, or to the information provided on the web page during the purchase process.

3.2 We reserve the right to adjust the type, the scope of the offered software as well as any functions according to §14.

3.3 We always strive for an unrestricted usability and availability of our software, but we cannot give an unrestricted guarantee for ensuring this. We are obligated to ensure an average annual availability and usability of the Software of 98% ("Service Level").

3.4 The provision of the Software shall also be in accordance with the contract if the Service Level is reduced by a maximum of 6% on an annual average by:

3.4.1 Repair, update or maintenance work on the Website and within Along's Software; or

3.4.2 Circumstances beyond Alonge's control, including, but not limited to, all actions of third parties not acting on behalf of Along and the availability of technical Internet functions beyond Along's control.

Conclusion of Contract & Free Trial Period

4.1 A contract is concluded between you and us as soon as you, or your authorized representative, create a user account ("Account") on the Platform, select a plan from Along and accept the Terms and Conditions.

4.2 If you register for the first time, create a new Account and book a free demo (see https://www.alongspace.com/pricing), a paid 6-month Pilot is offered. At the end of the Pilot period, the selected licenses will be activated as a yearly subscription - subject to payment, unless it has been canceled in advance in accordance with §10. During the Pilot period, you may use all functions and quotas available without restriction.

4.3 There is no right of revocation and cancellation of a concluded subscription is not possible.

Data protection and security measures

5.1 We undertake to protect customer data at all times by appropriate and state-of-the-art measures.

5.2 Details on the handling of personal data, data protection as well as data security are described in detail in the privacy policy. Data is transmitted via a secure and encrypted internet connection.

5.3 For the processing of personal data that you process by using the software (especially the end user), the provisions from the commissioned data processing agreement ("AVV") apply.

5.4 In the event that technical or legal conditions change, we reserve the right to change the practices described in the GTC and the privacy policy. We will inform you about changes in due time.

5.5 Company warrants that the Software complies with (i) all applicable laws and regulations, (ii) the measures described in the privacy policy, including but not limited to data security measures and (iii) SOC2 and ISO27001 requirements.

Your responsibility

6.1 Accounts created with Along are always personal and disclosure is prohibited. The information you provide during the registration process must be true, complete and current. Upon entering into this agreement and no later than the start of the POC period, you will provide us with your company information, i.e. company name and VAT ID, in your account settings within the software. You can update and adjust these and all other requested customer data in your account settings at any time or by contacting us via chat or email.

6.2 You are responsible for maintaining the confidentiality and security of your User Account access data.This means that you must not disclose their access data.You are responsible for ensuring that third parties cannot take note of your access data and must take necessary measures to ensure confidentiality, in particular by using a secure password consisting of numbers, letters and special characters and by changing the password at regular intervals.

6.3 As part of your due diligence, you shall ensure availability at the e-mail address provided from the time of registration. You must notify us immediately in text form (e.g. by e-mail or in the software) of any misuse of the account, a corresponding suspicion or a loss of the access data.

6.4 You must respond to any inquiries from Along without undue delay.

6.5 The availability of the Software depends on Internet access.You are responsible for ensuring that the necessary system requirements are met in order to use the Software. If you use third-party offers (especially ad blockers, scraping software or other add-ons), you are responsible for ensuring that they do not interfere with the software. In this respect, we do not guarantee compatibility and are not liable for any damage caused by the use of such offers.

6.6 Your use of the Software must comply with all applicable laws and regulations. In particular, you will comply with the following restrictions on use of Along:

6.6.1 You may not use the Software in connection with User Content that in any way involves any of the following: false or misleading business opportunities, fraud, or pyramid schemes; health claims determined by a regulatory authority to be false or misleading; illegal activities; sale of drugs or pharmaceuticals; sale of illegal products or services; pornography or sexually explicit content; Content that promotes or depicts human trafficking, child abuse, animal abuse, or that trivializes the abuse of alcohol, drugs, or other substances; promotes graphically gratuitous violence or injury, beatings, injuries, assaults, or humiliation; and/or Content that is unnecessarily shocking to the senses, grossly blatant, or depicts or promotes accidents, death, hate speech, attacking or demeaning any group based on race, ethnicity, religion, disability, gender, age, and the like. Any use of the Software in connection with predatory behavior, including invasion of privacy directed at others, especially children, is not permitted and will not be tolerated;

6.6.2 it is prohibited to access, manipulate or use non-public areas of the Software or the Website, our computer systems or the technical delivery systems of our suppliers in any way other than contractually defined;

6.6.3 activities such as vulnerability scanning, load testing, penetration testing or circumventing our security measures in any way are strictly prohibited on our Platform without our prior written consent.

6.7 You are responsible for the contractual relationship and privacy of all data collected, processed and analyzed through Mobile Funnel with the respective End Users. We assume no responsibility and have no contractual relationship with these End Users. Likewise, you are obliged to comply with the legal requirements for the operation of a website, as the DSRs created by you and its content constitute websites within the scope of the legal requirements and you bear the sole responsibility for these DSRs.

6.8 You expressly acknowledge that you own the necessary rights to any data uploaded or otherwise made available to us through the Software, or that you have express permission from the copyright holder to use such data in connection with the publication of such data through the Software.

This includes, but is not limited to, any uploaded or incorporated images, audio and video files, fonts, graphic elements, text, logos and other proprietary data.

6.9 In order for us to make the DSRs available online on your behalf, you grant us a license to the rights of any data uploaded or integrated by you for reproduction and use for the term of the Agreement. Pursuant to §6.8, you represent and warrant that you have the necessary rights to provide us with said license.

6.10 We provide you with templates for DSRs (so-called "Templates") within the Software. These templates may contain licensed content and data. The rights to this content and data are limited to the presentation in the templates and are intended only as placeholders. Beyond providing the Templates as placeholders, we do not convey to you any rights to use the content and data provided in the Templates. This includes, but is not limited to, trademarks, photographs and other media.In addition to templates, we may provide you with "digital content" (e.g., e-books, strategy presentations, video footage, digital work materials) within the software, via email, and/or for download. The rights to any digital content provided belong to us and no rights other than a right of use are transferred to you. Commercial use or other use of the templates, their contents and any digital content is only possible upon express individual agreement and payment of a license fee. The amount of the license fee is 1.000€ per use, unless otherwise agreed.

6.11 You undertake to support us in the provision of the contractual services to a reasonable extent, e.g. by informing us about system errors ("bugs") detected by you.‍

Fees and payment processing

7.1 The obligation to pay the fees begins when you make a purchase under these GTC or as soon as the POC period ends according to §4.2 without termination according to §10.

7.2 The fees for the respective plan selected by you are listed in detail at https://www.alongspace.com/pricing, or the respective check-out of a package (prices always net) and fixed. The fees for the commercial use of templates are governed by §6.10. We are entitled to collect the applicable fees via the payment details (credit card or PayPal account) that are mandatory to be provided in the registration process. You must ensure that the means of payment has sufficient funds for this purpose. Any fees incurred will be collected in advance at the beginning of the service period for the respective service period.

7.3 You confirm that you agree to receive invoices in electronic form by e-mail.You are responsible for the proper storage of the invoices.

7.4 In addition to the fees for the use of our software, invoices also include the legally applicable sales tax and all other taxes, if applicable.If you are located in a country outside the EU, no VAT will be charged, as you are required to pay VAT in your country under the reverse charge mechanism (provided that a valid VAT ID has been filed by you). If you are located outside the EU, other intergovernmental rules may apply.

7.5 Fees paid are generally non-refundable.‍

Release from liability

8 You shall indemnify us against all claims, including any claims for damages, asserted against us by other customers, end users or other third parties, including public authorities, for infringement of rights by your use of the Software. You shall be liable for any costs, including legal defense costs, incurred by us as a result of your infringement of third party rights. All our further rights as well as claims for damages remain unaffected. The above obligations shall only apply if you are responsible for the infringement in question.

This §8 shall apply mutatis mutandis to Company.

Restriction, control, blocking, deletion of accounts and content

9.1 We may restrict your access to the Software in whole or in part if you fail to pay any fees due even after repeated requests (at least two (2) reminders over the course of five (5) days).

9.2 We are not obligated to review any content generated or uploaded by you.

However, if we are made aware of content on your account that is potentially in breach of contract (especially according to §6.6 to §6.8), we may access your account, review the content and take the following measures.

9.3 If there is a suspicion of a criminal offense due to your use or content published by you, we may forward your customer data to the competent authority while securing the possibly criminal content.

9.4 We may take reasonable measures to prevent damage and to ensure the availability of the software. This applies in particular if you violate your contractual obligations, especially with regard to §6.6, §6.7 and §6.8. Such measures may include the partial or complete, temporary as well as permanent restriction of access to the Software, especially with regard to the possibility of publishing DSRs and data generation.

Term and Termination of the Agreement

10.1 Unless otherwise specified in the respective service description, the contract shall be concluded for an indefinite period. Concluded subscriptions shall not be automatically extended by a further term.

10.2 In principle, you can only change your plan at the end of the contract term. However, you may switch to a plan with higher quotas at any time without extending the contract term.

10.3 You may terminate the contract with a notice period of 1 (1) calendar month to the end of the contract term via the account settings within the software or by e-mail (e-mail address available at https://www.alongspace.com/imprint).

10.4 RESERVED

10.5 The right to extraordinary termination for good cause shall remain unaffected. An important reason in this sense exists in particular if you:

10.5.1 Fall into arrears with the payment of at least one whole monthly fee, even after repeated requests, for longer than 6 days,

10.5.2 Are in arrears with a not insignificant part of the fee despite several reminders,

10.5.3 Fail to provide us with information required for regulatory reasons within a reasonable period of time despite being requested to do so,

10.5.4 Use the software for unfair or harmful business practices (especially according to §§ 6.6ff.),

10.5.5 Commit any criminal offense against us or our employees (e.g. our support staff),

10.5.6 Interferes with the Software, in particular by using unauthorized software solutions, malicious software or by attacking Along's infrastructure,

10.5.7 Otherwise violate material contractual obligations or repeatedly violate material contractual obligations, or

10.5.8 Jeopardizes Along's claims and interests in such a way that your financial situation deteriorates significantly or is significantly jeopardized.

10.5.9 This §10.5 applies mutatis mutandis to Customer.

10.6 Apart from §10.5. or comparable extraordinary reasons for termination, the termination will take effect at the end of the contractually agreed term.

10.7 We will irrevocably delete the account after a twelve (12) month period.Data collected from End Users and DSRs created will be automatically deleted irrevocably six (6) months after the termination effect has occurred, if you have not reactivated your account beforehand.‍

Liability for defects

11.1 With respect to the provision of Software (Software as a Service) by us under the Software, the following shall apply:

11.1.1 In principle, the statutory provisions on warranty shall apply, unless the GTC contains deviating agreements.

11.1.2 Liability for the restriction of use and availability as a result of force majeure is excluded.The customer's right of termination pursuant to §10.2 shall remain unaffected.

11.1.3 Your right to set-off, reduction (reduction of the fee in accordance with §536 BGB) and retention shall be excluded unless you assert the aforementioned rights with legally established or undisputed claims.

11.1.4 The application of § 536a para. 2 BGB (Tenant's right of self-remedy) is excluded.

11.1.5 The application of Section 536a (1) of the German Civil Code shall also be excluded insofar as the standard provides for strict liability.

Limitation of liability

12.1 We shall be liable on the merits without contractual limitation only for damages of the customer:

12.1.1 Which are based on an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Along,

12.1.2 From injury to life, body or health resulting from a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent of Along, and

12.1.3 In the context of guarantees given to the customer or due to fraudulent misrepresentation by Along.

12.2 For damages resulting from a slightly negligent breach of one of our material obligations, Along's liability shall be limited in amount to no higher than 4x the fees paid by you for the previous twelve (12) months or 100.000 €. Material obligations are obligations, the breach of which endangers the achievement of the purpose of the contract or the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which you regularly rely.

12.3 RESERVED

12.4 To the extent that our liability is excluded or limited, this also applies to the personal liability of Along's employees, representatives, and agents, as well as to tort claims.

12.5 This § 12 applies mutatis mutandis to Customer

No liability for third party providers

To the extent that you use external services offered through us that have access to the Mobile Funnels created, their hosting or to the data collected through the Mobile Funnels ("Integrations"), they act on the basis of their own contractual relationship with you. To that extent, we do not warrant or assume any liability for any damages incurred in connection with the use of these Integrations. Likewise, we are not liable for any damage caused by your incorrect or inadequate transmission or processing of data. We expressly recommend that you check the business and data protection provisions of the integrations before integrating them.‍

Changes to the software and the GTC

14.1 We may, without consulting you, make changes to the Software, the GTC including the current offer (https://www.alongspace.com/pricing) and other provisions of the Agreement that are

14.1.1 Correct obvious errors or gaps,

14.1.2 Affect descriptive provisions, insofar as the underlying circumstances have changed,

14.1.3 Serve the purpose of clarification or elucidation or are otherwise of an editorial nature, or

14.1.4 Are not disadvantageous to you in legal or factual terms, in particular not resulting in the degradation of the Software functionalities. This includes, in particular, the introduction of additional free functions within the Software. We will notify you of such changes by e-mail.

14.2 Along will offer changes to the contract (including the GTC and the offer at https://www.alongspace.com/pricing) other than those specified in §14.1 or elsewhere in the GTC. If you do not object within a period of 6 weeks, the changes are considered approved. The date of receipt of the objection by Along is decisive for compliance with the objection period by you.

14.2.1 We will inform you by e-mail about the new regulations and the effective date and point out the objection period and the consequences of missing the objection period. The objection period shall commence upon receipt of this e-mail by you.‍

Communication and Legal Framework

15.1 Unless otherwise specified in the GTC, the communication channels accepted by us for contact by you are e-mails and the chat within the software. We reserve the right to contact you through other channels as well.You can find our e-mail address at https://www.alongspace.com/imprint. Information about the availability of our support team can be found at https://www.alongspace.com/pricing.

15.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

15.3 The exclusive place of jurisdiction for all disputes arising from or in connection with the contract (including the GTC) is Berlin. This also applies to the enforcement of our rights against you.

15.4 Should individual provisions of the GTC be or become invalid, this shall not affect the validity of the remaining provisions of the GTC. The invalid provision shall be replaced by the contracting parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the invalid provision in a legally effective manner.

15.5 The above provision shall apply mutatis mutandis in the event of loopholes.