Terms of Service

NIMBOW is operated by NimbusFive GmbH.

 

§1 Areas of application

(1)  The following terms of use apply to all services offered on nimbow.com.

(2)  By activating the checkbox on the registration page the user explicitly accepts these terms and conditions.

 

§2 Registration

(1)  Registration is stringently required for the use of nimbow.com services. The user is responsible for ensuring the accuracy of his personal information and keeping this up-to-date during the entire duration of membership. Changes to personal information can be made at any point after login. We reserve the right to delete the account if it is not activated within 14 days of registration.

(2)  nimbow.com reserves the right to refuse registration for our service without reason and to terminate any existing membership. There can be only one registered account per person.

(3)  The user is responsible to guard access to the password created by or assigned to him by the special gateway key. The user is solely responsible for the password assigned by him. It is imperative that a password consisting of a combination of letters and numbers. The account holder is liable for all damages incurred in connection to the disclosure/and or loss of the password.

(4)  All the services that are only available by access with the password should only be used by registered clients. It is not permitted to authorize use to other persons.

 

§3 Data protection

(1)  Personal data is collected by nimbow.com at time of registration. This data is required for contract management and customer support. The data can additionally be used for statistical research, including demography, user behaviour and interests.

(2)  nimbow.com does not release or forward personal data, unless the user has given his express permission (Opt-In).

(3)  Third parties have no view of the content of SMS sent. Data saved by the user (for example: mobile numbers) are not shared bynimbow.com with third parties. For exceptions to this see §6 (5).

 

§4 Liability

(1)  nimbow.com, its legal representative or agent are liable subject to § 4 (3) only in the case of intent or gross negligence. This does not apply to damages based on injury to life, body or health; for these damages nimbow.com is liable without limitation within the scope of legal provisions.

(2)  In the case of slight negligence nimbow.com, its legal representative or agent are liable subject to § 4 (3) only by neglect of duty or culpable violation of an essential contractual obligation (cardinal duty) in one of the dangerous ways limited in the purpose of the contract to typical contractual and foreseeable damages, with which nimbow.com was able to envisage at the time of the conclusion of
the contract. Otherwise the pre-contractual, contractual and non-contractual liability of nimbow.com is limited to intent or gross negligence in accordance with § 4 (1).

(3)  Punitive damages owing to absence of guaranteed features, such as liability according to product liability law and other obligatory legal standards, are unaffected by the terms of this clause.

(4)  nimbow.com has no responsibility for damages caused by unforeseeable and unavoidable events whichare outside the influence and discretion of nimbow.com. Counted among these are particular acts of nature such as wars, malfunctioning of transmission paths, above all here network and server errors, longer lasting power failures, communication network failures and gateways, extreme weather conditions, strikes or other conflicts between employees and employers, disruptions in the transfer of internet data, failed transmission and sabotage.

(5)  nimbow.com takes no responsibility for insignificant disruption to services, subject to § 4 (3). In particular, despite its high security regulations subject to § 4 (3), nimbow.com is not responsibility or liability for the loss of data, insofar as the loss is not the fault of nimbow.com, its legal representative or agent within the limits of the terms of § 4 (1).

(6)  nimbow.com assumes no liability concerning completeness, accuracy, correctness, suitability, legibility etc. of client data, client content or instructions transmitted by the client, or missing or delayed transmission to nimbow.com.

 

§5 Definition of message

(1) The definition of the term message: In these general terms and conditions the designation of message describes short messages, and also mobile services offered later in the future following sending or downloading to / from mobile terminals.

 

§6 Terms for sending SMS and units to mobile terminals

(1)  Use of all services is only available after registration in the system.

(2)  The user must ensure that the recipient is in agreement with receiving the message (including any possible advertising messages attached by the user). If agreement is not absolutely certain, no messages should be sent to the recipient.

(3)  Sending messages with the following content is prohibited: criminally relevant data, SMS with illegal, chargeable, harassing, libellous, discriminating, threatening, vulgar, obscene, unauthorized or otherwise questionable content. Furthermore it is prohibited to send messages with pay-per-call numbers and to use the services of nimbow.com as a spam platform or upload to, or transmit from, the nimbow.com any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component. In the event of infringement, nimbow.com reserves the right to file charges and assumes no liability for the contents of messages sent.

(4)  The user expressly releases nimbow.com from the demands of third parties, resulting from the receiving of messages sent.

(5)  nimbow.com considers messages sent to be private correspondence between sender and receiver. The content of private correspondence is not displayed, edited or sent on to third parties; however nimbow.com is authorized in the following cases:

  • when it is required to satisfy legal regulations
  • in order to conform to legal proceedings
  • if applicable, to make valid the general terms and conditions of nimbow.com
  • to verify claims that the message content infringes the rights of the third parties.
  • in order to protect the rights or the assets of nimbow.com or third parties

(6)  For reasons of prosecution nimbow.com logs specific data emerging from the sending of a message (IP addresses), which may be shared under certain requirements (for example on request of prosecuting authorities)

(7)  In the event of violation of the general terms and conditions, the user is obliged to make available all demands resulting from it to third parties, as well as compensating for all losses, costs or damages incurred through it.

 

§7 Account/ Account charging

(1)  Charges are incurred for the use of some services, which are debited from users registered nimbow-com account.

(2)  Registered nimbow.com accounts can be charged by bank transfer and paypal.

(3)  Services subject to charges can only be used if a minimum payment amount of 20 Euros is paid into the user SMS account.

(4)  Access to against payment services is enabled after charging a minimum balance of 20 Euros. The duration of availability of against payment services (activity time window) amounts to 24 months from the charging of credit. The activity time window is extended each time by further charging, in which the availability of 24 month duration begins again.

(5)  We have the right, to terminate the account due to inactivity after 90 days. The customer needs to provide a bank account where nimbow.com can credit the corresponding credit balance

 

§8 Informative e-mails, newsletter

(1) All registered users receive automatic news and information at irregular intervals from nimbow.com via e-mail to address specified at registration.

 

§9 Availability of offer, SMS sending

(1)  nimbow.com will do everything in its power to keep offers available at all times, however, difficulties can arise over which nimbow.com has no influence over. These are above all transmission failures, accessibility problems of the web server or gateways or other failures of network operators. Internal disruption is corrected by nimbow.com as quickly as possible and external service providers are promptly notified of problems.

(2)  nimbow.com is also not responsible for content or sent messages being correctly received by the recipient, insofar as an error appears outside the nimbow.com server on message transmission.

(3) Unforeseeable events such as acts of nature, strikes, regulatory action, failures of transmission mediums or similarly named issues already under § 4 (4), which are not covered by nimbow.com, absolve nimbow.com from liability and warranty.

(4)  nimbow.com will make all reasonable efforts to resolve such disturbances as soon as possible.

(5)  nimbow.com assumes no responsibility for the sending and receipt of data services in the network of a foreign operator, particularly in the foreign network of mobile radio devices, since these reside in the sole area of responsibility of the network provider. In particular nimbow.com is not liable for damages resulting from delayed or incomplete delivery of data services in the networks of foreign operators. This doesn’t apply, if the delayed or incomplete transmission are based on the fault of nimbow.com, its legal representative or agent, within the confines of clause § 4.

Nimbow.com users will not attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services; attempt to gain unauthorized access to the Services or its related systems or networks; or authorize, permit, or encourage any third party to do any of the above.

 

§10 Severability clause

(1) If a clause of this contract, of the terms and conditions or a new future recorded clause, is or becomes void in whole or in part, the rest of the terms will remain hereof unaffected. The contract partners will agree to replace the invalid clause with the valid clause, which corresponds best to the financial aims of the contract partners. This applies equally in cases of loopholes in the contract.

 

§11 External links

(1) No liability is assumed on our part for the contents of external links. Content of linked pages is under the sole responsibility of its operator. Such links also do not signify that the external contents echo the view and/or opinion of nimbow.com.

 

§12 Changes to the General Terms and Conditions

(1) nimbow.com is authorized to modify the terms and conditions at any time in the future. nimbow.com will make the user expressly aware of the particular modification and in good time. If a user doesn’t reply in writing by e-mail or by post within a month (30 days) from the receipt of the modification message, the modifications to the terms and conditions are understood to be accepted by the user, provided that nimbow.com has made the user expressly aware of the consequence of its behaviour in the modification message. If the user does not agree with the modification of the terms and conditions and disagrees, the previous terms and conditions apply which were already accepted by the user. However, nimbow.com alternatively has the right to cancel the previous contract with the user, at the earliest point after the use of remaining credit already charged and within a reasonable period of time.

 

§13 Place of execution / Legal domicile

(1)  The place of execution for all claims in relation with business connections are the nimbow.com headquarters in Berlin.

(2)  As far as the client involves an agent, official legal funds assets or a legal entity, Berlin is agreed as a sole legal domicile.

(3)  All legal transactions carried out by nimbow.com are subject to German Federal Republic law with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).