Terms of Service

1. General

Your use of the Competier service is governed by this agreement (the „Terms“). The „Service“ means the services Competier makes available at https://competier.net and https://api.competier.net and any other software offered by Competier in connection to any of those. „Content“ means all content generated by Competier on your behalf (including metric data).

In order to use the Service, You (the „Customer“, „You“, or „Your“) must first agree to the Terms. You understand and agree that Competier will treat Your use of the Service as acceptance of the Terms from that point onwards.

Competier may make changes to the Terms anytime. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Competier will treat Your use as acceptance of the updated Terms.

The Terms constitute the whole legal agreement between You and Competier and govern Your use of the Service and completely replace any prior agreements between You and Competier in relation to the Service.

You agree that if Competier does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Competier has the benefit of under any applicable law), this will not be taken to be a formal waiver of Competier’s rights and that those rights or remedies will still be available to Competier.

Competier shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. 

2. Use of the Service

You are responsible for the security of Your passwords and for any use of Your account. Your use of the Service must comply with all applicable laws, regulations and ordinances. You agree to not engage in any activity that interferes with or disrupts the Service.

Competier reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Competier disabling or throttling your usage of the Service for any amount of time. You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.

3. Cancellation and Termination

You must cancel Your account according to the guidelines on https://competier.net/account-deletions. An email or phone request to cancel Your account is not considered cancellation. You will not receive any refunds if You cancel Your account. You agree that Your Content will be deleted or anonymized at the discretion of Competier if You cancel Your account.

If You cancel a subscription before the end of Your current paid up month, Your cancellation will take effect immediately and You will not be charged again.

You agree that Competier, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that Competier will not be liable to You or any third party for such termination.

4. Modification of the Service

You acknowledge and agree that the Service may change from time to time without prior notice to You. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions. Competier shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. External Resources

The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Competier is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

6. Warranties

You expressly understand and agree that your use of the service is at your sole risk and that the service is provided „as is“. You agree that Competier has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Content.

Competier does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.

For paid subscription plans, Competier warrants Monthly Uptime of the part of the Service provided at https://api.competier.net of at least 99.9%. Monthly Uptime is defined as the time during which the Service responds to general requests in under 2 seconds. Monthly Uptime is measured by a third party and displayed at https://status.competier.net. You agree that no other ways of measuring or obtaining uptime of the Service apply. Uptime measurements exclude maintenance periods, provided they are announced at least 24 hours in advance at https://status.competier.net.

If uptime for any item drops below the relevant threshold for a full calendar month, a penalty will be applied in the form of a credit for the client. This means the following billing period’s subscription fee payable by the client will be reduced on a sliding scale. The level of penalty will be calculated depending on the number of hours for which the service was unavailable, minus the downtime permitted by the Terms of Service, with 80% availability corresponding to a full refund for the following billing period. If the Customer upgrades to a larger subscription plan for this billing period, then the refund is adjusted according to the pre-upgrade subscription plan.

7. Liability

You expressly understand and agree that Competier, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Competier has been advised of or should have been aware of the possibility of any such losses arising).

8. Indemnification

You agree to hold harmless and indemnify Competier, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively „Competier and Partners“) from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys‘ fees, of every kind and nature. In such a case, Competier will provide You with written notice of such claim, suit or action.

9. Reuse

This document is an adaptation of the Heroku Terms of Service, which is turn an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither Heroku, Inc. nor Google, Inc. is not connected with and does not sponsor or endorse Competier or its use of the work.

If you have any question about the Terms, please contact us at business@alexander-link.de.

Last revised on 6th of November, 2024.