Terms of Use
The CXR App platform (the “platform”) is a technical infrastructure of software, interfaces, modules and online services with which digital business processes can be carried out. CXR App is offered and operated by Visual Memory Works GmbH (“VMW”, “we”), Elbestraße 10, 45768 Marl, Germany. VMW is your contracting party and your point of contact for sales, billing, payment processing and support.
These terms are displayed to you when you create an account and when you purchase services; the consent required for the respective transaction is obtained. Merely visiting the website or submitting a contact form does not give rise to a paid subscription. Neither of these replaces consent to the processing of personal data or to advertising.
The offering is aimed primarily at businesses and self-employed persons who use the platform for their commercial or professional activity. The CXR software subscription is a digital service that VMW offers to its customers. Each app has its own 7-day free trial; no credit card is required for it.
A statutory right of withdrawal exists only to the extent that you act as a consumer within the meaning of § 13 BGB; the particularities of contracts for digital services must be observed. You will find information in the documents “Distance Sales Agreement” and “Subscription, Renewal, Cancellation and Refund Policy”.
SCOPE OF THE PLATFORM
The services of the platform may include subscription-based software, CRM solutions, digital catalog and quotation systems, tools for creating links, forms for data collection and similar digital business tools. The platform is continuously being developed. Features may be changed, expanded or discontinued over time.
ROLE OF THE PLATFORM
The platform is a technical infrastructure. Through the platform, users can create their own content, share links, present offers and price information, and interact digitally with their own customers.
VMW is not a party to any business, legal or contractual relationship between users and their customers or third parties.
Sales by users to their own end customers, such as the sale of photos through Momento or orders through Menux, are contracts between the users and their customers. In those cases, the users are the contracting parties and controllers; VMW provides the technical infrastructure and participates in payment and billing processes only to the extent provided for the respective service.
RESPONSIBILITY OF USERS
Users are solely responsible for:
- all content they create through the platform
- the price, offer and contract information they pass on
- the content to which the links they create point
- the business transactions with their own customers
Users undertake to use the platform in compliance with applicable law. To the extent that users process personal data of their customers, guests or visitors through the platform, they are the controllers under data protection law for that content; VMW processes this data as a processor on the basis of a data processing agreement pursuant to Art. 28 GDPR. You will find further details in the Privacy Policy and in the GDPR / DSGVO Data Protection Notice.
INDIVIDUAL DEVELOPMENT SERVICES
These Terms of Use apply to the standard services of the platform. Custom software development, company-specific projects, integration work or consulting services offered by VMW may be subject to a separate written agreement.
ACCOUNT SECURITY
Users are responsible for the accuracy of the information in their account and for the confidentiality of their access credentials. Transactions carried out through the account are attributed to the users to the extent that they are responsible for the unauthorized use. Any suspected unauthorized use must be reported to VMW without undue delay.
PROHIBITED USE
The platform may not be used for the following purposes:
- unlawful acts
- fraud, forgery or misleading business transactions
- publishing content that infringes copyrights, trademark rights or personality rights
- disclosing personal data of third parties without authorization
- attempts to compromise the security of the system
- spam or abusive activities
Such violations may lead to suspension or termination of the account. Further rules are set out in the Content and Conduct Rules.
CONTACT AND INFORMATION REQUESTS
The platform can be used not only to use the service but also for information requests, quotation requests and contact inquiries. Personal data provided in this context is processed in accordance with the relevant privacy notices. Please direct general inquiries, sales inquiries and setup inquiries to hello@cxr.app, and support inquiries to support@cxr.app. Please direct company and legal matters to Visual Memory Works GmbH (info@visualmemoryworks.de).
CHANGES TO THE SERVICE
VMW reserves the right to change the services, add features or discontinue individual services to the extent necessary for the security, performance and sustainability of the platform. In doing so, the legitimate interests of users will be given appropriate consideration; users’ statutory rights remain unaffected.
APPLICABLE LAW
The services offered by VMW are governed by the law of the Federal Republic of Germany. Mandatory statutory provisions, in particular those for the protection of consumers, and mandatory rules on jurisdiction remain unaffected.