Service Disclaimer
This text informs users about risks that may arise from the use of the platform and about the limits of the liability of Visual Memory Works GmbH (“VMW”, “we”) as provider and operator of CXR App.
SCOPE OF THE SERVICE
The platform is a software and service infrastructure offered over the internet. It enables users to create their own content, generate links, share offers and catalogs and carry out various business processes digitally. VMW is not directly involved in the business activities of users.
USER CONTENT AND BUSINESS TRANSACTIONS
Each user is responsible for all content, links, offers, prices and business transactions with third parties created through the platform.
The following content that users create with the infrastructure provided by the platform:
- product and service descriptions
- price and offer information
- contract texts
- links that redirect to external sites,
is not under the control of VMW. Users are responsible for the accuracy and legal admissibility of this content and for its consequences vis-à-vis third parties.
THIRD-PARTY SYSTEMS
Some features of the platform may work in connection with third-party providers. In the event of incidents in third-party systems, the role of the respective provider and VMW’s own obligations are considered separately. This provision does not affect any liability of VMW that cannot be transferred or limited by law.
SERVICE CONTINUITY
Technical and organizational measures are applied for the secure and stable operation of the platform. However, owing to the nature of the internet infrastructure, interruptions, slowdowns or technical problems may occur from time to time. These circumstances alone do not mean that the service is defective.
RISK OF DATA LOSS
Even though regular data backups and security measures are applied on the platform, limited data loss may occur due to technical failures, problems with third-party infrastructure or exceptional circumstances. Users are responsible for setting up their own additional backup and control mechanisms for their critical data.
INDIRECT DAMAGES
To the extent permitted by law, VMW is not liable for loss of business profits, loss of income, reputational damage, loss of customers or similar indirect and consequential damages. This limitation does not apply in cases of intent or gross negligence.
LIABILITY CAP
VMW’s total liability for the services of the platform may be limited to the total amount the respective user has paid for the platform services in the last 12 months. This limitation applies to the extent permitted by the applicable law.
STATUTORY PROVISIONS
These limitations of liability do not affect mandatory provisions of applicable consumer law and data protection law. In particular, liability for intent, for injury to life, body or health, under the Product Liability Act and in other cases in which liability cannot be limited by law remains unaffected.