$ 1 Scope
(1) These Terms and Conditions (hereinafter referred to as “Terms”) apply to services provided by Thomas Surmann Responsive.email, Stargarder Str. 19, 10437 Berlin (hereinafter referred to as “Responsive.email”) for entrepreneurs (hereinafter referred to as “Customers”). By registering at http://responsive.email, the Customer accepts these Terms.
(2) Contracts are concluded exclusively with entrepreneurs. According to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their or its trade, business or profession. Contracts will not be concluded with consumers.
(3) We explicitly object to any deviating rules on the part of the Customer. Deviating rules will only be acknowledged by Responsive.email if these have been expressly agreed in writing.
(4) The Terms and Conditions also apply to all future transactions between Responsive.email and the Customer, provided they are related legal transactions.
(5) These Terms may be changed at any time without stating reasons. The Customer will be notified of this in good time by email, whereupon they will have two weeks to object to the change. If no objection is raised, the change will be deemed to have been accepted.
(6) The business relationship between Responsive.email and the Customer is subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention. The place of jurisdiction is Berlin.
$ 2 Services provided by Responsive.email
(1) In order to use the services provided by Responsive.email it is necessary to register on the website http://responsive.email. After registering, access is granted to an online tool (“Responsive.email Studio”) that is operated entirely via the browser.
(2) The online tool can be used to compose, edit and export HTML emails. The options here include providing image and text files via upload.
(3) If desired, Responsive.email handles the composition of an HTML email from a template using the online tool. Subject to feasibility, this creates an individualized quotation. The email created is subject to the possibilities and limitations of the online tool.
(4) Responsive.email endeavors to tailor its services to current market requirements. The agreed services may therefore be subject to change, provided these do not impair the core service and are reasonable for the Customer.
(5) Responsive.email is currently in a beta phase, meaning users should expect errors, problems and possibly even data losses when using the website and online tool. The service may be terminated at any time without stating reasons. Customers will be informed of this two weeks in advance, thus allowing them time to export their emails.
$ 3 Obligations of the Customer
(1) The information provided when registering must be truthful, in particular to allow the verification of the Customer’s entrepreneurial status. All information must always be kept up to date.
(2) Logging in requires a password. The Customer agrees to keep their password secret.
(3) In order to ensure that emails display correctly and as desired, the Customer should test the exported email in all clients relevant for them (see also Section 6.1).
(4) Responsive.email does not support spam. Use of the online tool is therefore prohibited if the emails created are intended to be sent as spam mail later on.
(5) The preview function allows users of the online tool to send the current version of an email to an email address. It may only be sent to a small number of recipients for the purpose of previewing the email. Every recipient must have explicitly agreed to being sent this preview. The Customer is responsible for all consequences resulting from any legal violation, and releases Responsive.email from all liability. This does not affect further claims for damages on the part of Responsive.email against the Customer.
(6) Ready-made templates may also be provided in the online tool, on the basis of which the Customer can create their own HTML email. These templates and emails can be used for mailing lists and newsletter activities. In their function as templates, the templates or emails may not be distributed further or resold without express consent. All rights remain with Responsive.email or the respective owners. Responsive.email reserves the right to assert claims for damages.
(7) If collaboration occurs within the meaning of Section 2.3, then this email, including a screenshot, can also be listed as a reference. The Customer has the option to object to this in writing (for example by email). If it is already visible online, the reference will then be removed in no more than 30 days.
$ 4 Infringement of third-party rights
(1) The Customer is solely responsible for the content of all image and text files transmitted as well as the emails created.
(2) For all files submitted to the online tool and all emails created, the Customer must ensure that they hold all necessary rights (copyright, trademarks and other rights). The Customer is responsible for all consequences arising from any legal violations and releases Responsive.email from any liability. This does not affect further claims for damages on the part of Responsive.email against the Customer.
(3) The Customer warrants that the content of the emails and files does not violate criminal law, especially the rules against the distribution of child pornography (Section 184 German Criminal Code, StGB). Responsive.email reserves the right to press charges as soon as it becomes aware of any such violation.
$ 5 Term
(1) Once these Terms have been accepted, the contract will apply indefinitely and can be terminated without notice by both sides. Written notification (for example by email) is sufficient to terminate the contract.
$ 6 Warranty and liability of Responsive.email
(1) Non-warranty clause for incorrect emails
The wide range of clients, some of them unknown, and errors in the presentation logic used by clients, means that flawless presentation cannot be guaranteed. Consequently, Responsive.email does not accept warranty claims and is not liable for any damages resulting from incorrect presentation (see also Obligations of the Customer, Section 3.3).
Responsive.email is highly grateful for any information about errors, and will endeavor to rectify these promptly.
(2) Non-warranty clause for data loss
Responsive.email is not liable for the loss or change of Customer data or emails which occurs as a result of defects on the website or in the online tool.
(3) General liability for damages
Responsive.email is liable without limitation for damages involving injury to life, limb or health, as long as these are the result of a breach of duty on the part of Responsive.email or a vicarious agent acting on behalf of Responsive.email, and for damages arising from the absence of a condition guaranteed by Responsive.email.
Furthermore, Responsive.email is liable without limitation for damages caused as a result of gross negligence or intent by Responsive.email or a vicarious agent.
In the case of material and financial damages incurred as a result of negligence, Responsive.email and its vicarious agents are only liable if a core contractual obligation has been breached, and this is restricted, depending on the amount, to the foreseeable damage typical of this type of contract when the contract was concluded. Responsive.email is not liable in any other respects.
This does not affect liability under the German Product Liability Act.
(4) Limitation period
A limitation period of one year applies to all claims for damages, compensation for wasted expenses or other defect claims against Responsive.email (except in the case of intent or personal injury).
$ 7 Privacy
(1) General privacy
Privacy is important, which is why all information is treated confidentially and used and processed in accordance with the provisions of German data protection laws. The following aims to provide information about the type, scope and purpose of data collection.
The contact information published in the Impressum (legal notice) is not provided for advertising or informative material to be sent to Responsive.email. We hereby expressly object to this.
(2) Gathered data
Registration on the website requires users to provide their company name, first name, last name, and email as well as a password chosen by them. Once a user has registered, in order to provide its services Responsive.email collects and stores more information and files, usually associated with the emails that will be created. Personal information is also required when making contact via the contact form. Here, it is necessary to provide either a telephone number or an email address, so that we can respond to the Customer’s query. In order to optimize our online service, we also collect information about the names of retrieved files, retrieval date and time, browser type and version, the user’s operating system, and the previously visited website. This information is stored anonymously.
(3) Use of data
Responsive.email has access to the company name, first name, last name and email address, and may use this to verify the Customer’s entrepreneurial status. For purposes of technical administration, maintaining customer relations and performance of the contract, Responsive.email and its vicarious agents may also inspect the data in relation to the created emails.
Responsive.email will not, without the Customer’s explicit consent, pass on or sell the data to third parties, unless Responsive.email is required to do so for legal reasons. Responsive.email may, in order to assert claims, pass on data to third parties bound by a professional duty of confidentiality.
For Responsive.email to provide its services, it is necessary to store cookies on the Customers’ computers. Cookies are small text files stored by the browser for a website it has visited, in which information about the user can be saved. The user can deactivate this function in their browser settings, although this can restrict the functions of the website and the online tool.
Users can register for a newsletter on the website. For this we require and store your email address.
You can unsubscribe from the newsletter at any time by following the link provided in the newsletter.
The Customer can, at any time, request information about the scope and content of the personal data stored about them. The Customer can also request that their data be deleted; in such cases, Responsive.email can terminate the contract immediately.
Responsible for data processing: Thomas Surmann, Stargarder Str. 19, 10437 Berlin, info (at) responsive (dot) email. Other up-to-date contact information can be found in the Impressum (legal notice).
All data is transmitted via SSL (transport encryption). Furthermore, all systems are protected as well as possible to prevent third parties from gaining access to your data. Despite regular checks, it is however not possible to guarantee complete protection from all risks. Email communication in particular can be prone to security vulnerabilities.
On our websites plug-ins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated. You recognise these plug-ins by the Facebook-logo or the Like-Button on our site. For an overview of Facebook plug-ins, please see here: http://developers.facebook.com/docs/plugins/.
If you do not wish that Facebook associates your visit of our websites to your Facebook account, please log out of your Facebook account.
This website uses Google Analytics, a website analysis service by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer to analyse your use of the website. The information generated by the cookie about your use of this website (including your IP address) is sent to and stored at a Google server in the U.S.A. If the IP-anonymisation is activated on this website, your IP-address will be shortend priory within the member states of the European Union or other contractual states of the Treaty on the European Economic Area.
Only in exceptional cases your complete IP-address will be transmitted to a server in the U.S.A. and shortened there. Commissioned by the operators of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities for website operators and to provide other services related to website and internet activities. Google will not associate your IP address with any other data held by Google.
You may prevent the installation of cookies by adjusting the settings of your browser; however, if you do so, you may be unable to use all features of this website. Further, you may prevent the collection of data generated by cookies and related to the use of this websites by downloading and installing the the plug-in under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
On our websites functions of the service Twitter are integrated. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter as well as the function "Re-Tweet" websites visited by you are linked to you Twitter account and posted to other users. In doing so, data will be transmitted to Twitter.
The privacy settings of your Twitter account can be adjusted under http://twitter.com/account/settings
$ 8 Availability
(1) In keeping with modern technological standards, the website and online tool are generally available for the Customer to use around the clock. For technical reasons (such as capacity constraints, software updates), it may be necessary to restrict the services temporarily. Claims for damages and warranty claims arising from the unavailability of the website or the online tool will not be accepted, even if the outage lasts for a considerable period of time. No liability is accepted for system failures due to force majeure or circumstances which are not the responsibility of Responsive.mail.
(2) The Customer is responsible for providing, at their own expense, the online access necessary for using the website.
Last amended: December 2014