General terms and conditions

Qshape.com UG, Stockartstr. 29, 04277 Leipzig Germany (“Qshape” or “We”) provides a digital platform for the creation and management of digital guides as an online service. Furthermore, Qshape enables easy access to these guides and individual topics via the provision of analog maps with a QR code (so-called “Qshapes”).

The following General Terms and Conditions (“GTC”) apply to every agreement between the user and Qshape (these also individually “Party” and collectively “Parties”) regarding the use of the online service within the scope of the agreed services and packages (each a “Contract”). In addition, further terms and conditions (“Additional Terms”) may apply to the use of individual services and packages, which we agree with the user and which take precedence over the GTC in the event of deviations.

Subject matter of the contract
1. You can use the agreed packages and other agreed services (collectively and in each case referred to as “Services”) via the Qshape online service.
2. To use the online service, you must create a user account (“Qshape account”). You can use the Qshape account to order our fee-based services. In particular, you can create, manage and edit guides. In order to order our services, you must agree to our GTC.
3. The details of our services and remuneration as part of the packages can be found in the current service description. The specific scope of services of the packages depends on the package selected.
4. If you book several packages, a separate contract is concluded for each package booked.
5. We offer our services to both commercial and private users who are at least 18 years old.
Conclusion of contract when ordering parcels
1. A contract between you and us is concluded exclusively online. This requires that you have created a Qshape account, are logged into it and have selected a service or package. By clicking on the “Start test phase” button, you agree to these GTC and submit a binding offer to us to conclude a contract.
2. We will then send you an e-mail in which we confirm receipt of your order and either accept or reject the order. The contract(s) shall only come into effect upon our acceptance declared by e-mail.
Qshape services, changes to the services
1. We will use commercially reasonable efforts to make the Online Service available to you in such a way that it is suitable for the agreed use. For technical reasons and due to external influences (e.g. unavailability of the communication networks, interruption of the power supply, hardware and software errors), uninterrupted availability of the online service cannot be guaranteed.
2. We operate the Online Service as a standard service for all users and therefore make the Online Service available to the individual user in the version generally provided in each case. We reserve the right to expand, change or delete services or functions and to make improvements, in particular if these serve technical progress or the expansion of the scope of functions and/or appear necessary and to prevent misuse. We will only make these changes to paid services if they are reasonable for our users or if we are obliged to do so by law. Such changes will not result in any additional costs. If a change to the online service requires a change to the contract, the provisions under “Changes to the contractual terms and conditions” apply.
Terms of payment, invoice and price adjustment
1. You are obliged to pay us the agreed price in advance for the provision of the online service, the use of the agreed packages and the provision of other services. All prices quoted include the applicable value added tax.
2. Payment is due fourteen (14) days after receipt of the invoice, unless we have agreed otherwise. Qshape will collect all payments via the means of payment chosen by the user. If an automatic debit is not possible, we will inform you separately and arrange an individual payment with you.
3. If payment is made by bank transfer, the purpose of payment specified by Qshape must be stated. If the user makes a transfer with a different purpose, they must inform Qshape immediately and provide proof of payment.
4. Qshape is entitled to block access to the Online Service in whole or in part and/or to suspend or terminate the provision of the Services under the Agreement if the User is more than thirty (30) days in arrears with the fulfillment of its payment obligations under the Agreement in whole or in part. Qshape shall not be liable for any failure, damage or loss of revenue caused by a suspension of the guide(s) due to incorrect or late payment, provided that the error or delay is attributable to the user. A chargeback is also considered a breach of the payment obligation.
5. We may adjust the prices for our services with effect for the future. This is particularly the case if the costs on which we base the calculation of the price for the provision of our services change or if we change the scope of services. In the case of existing fee-based contracts, the changes will take effect at the start of the next contract period. We will inform you of this at least six (6) weeks before the change takes effect. If you do not object to the notification within six (6) weeks of receipt and continue to use our services after expiry of the objection period, the changes shall be deemed to have been agreed as of the expiry of the deadline.
System requirements, compliance with applicable law
1. Certain system requirements must be met in order to use the services, in particular the use of one of the most frequently used Internet browsers worldwide (e.g. Google Chrome, Mozilla Firefox) and operating systems (iOS and Android) in their current and previous versions.
2. You are obliged to do so when using the online service and making use of all services,
  1. to comply with all applicable law, including youth protection, product liability, product safety, e-commerce (in particular legal obligations regarding provider identification), competition, data protection (in particular the applicable data protection regulations Regulation (EU) 2016/679 (“GDPR”)) and tax law, and in particular to obtain and maintain all necessary consents, approvals and authorizations at its own expense;
  2. when registering for the online service, to provide personal data truthfully and completely and to keep it up to date at all times. We reserve the right to request suitable proof of identity from you;
  3. to inform us immediately if you become aware of any circumstances that suggest that the above requirements in section 5.2 may not be met;
  4. to name a natural person as a contact person for us.
Data backup
We regularly create backups of our web servers. Individual guides and/or content cannot be restored from these backups. You should therefore make regular backups of all the content of your guides yourself to avoid damage due to data loss.
Data analysis for quality assurance and further development as well as offering our products
1. We reserve the right to collect and statistically evaluate data on the functionality and use of the online service by you for quality assurance and further development of our products and services. We use the data obtained from this for our own purposes, in particular to rectify errors and improve the use of the online services and the user-friendliness of our offering.
2. We are also entitled to statistically evaluate data from the use of the online services and to process it to develop our products and improve our offering.
Intellectual property
1. We grant you the non-exclusive, non-transferable, non-sublicensable right to use design and content templates that we provide to you for inclusion in your Guides in your Qshape Guide. You are not permitted to use this content outside the Qshape Guide.
2. You grant Qshape and our subcontractors a non-exclusive, transferable, worldwide, sublicensable, royalty-free license to use the Content provided by you or any third party you allow to use the Online Service in connection with the Online Service for the purposes of performing their obligations under the Agreement, operating the Online Service, marketing, and complying with legal obligations and governmental requests. We reserve the right to publish the content of the user only if you provide suitable proof of your authorization to use the content for publication in our online service.
Term, termination and package change
1. A contract is concluded for an indefinite period.
2. Each contract includes a 30-day free trial period. The contract can be terminated at any time during this trial period.
3. From the 31st day of the contract term, a contract can be terminated within the current billing period at the start of the next billing period. If the contract is terminated, the content will not be deleted immediately, but the publication of the content will be withdrawn.
4. A package change can only ever be made for the new billing period and must be notified within the existing billing period.
5. You can terminate your contract in text form (e.g. by e-mail). Notice of termination by e-mail must be sent to the e-mail address provided as the contact address of the person using the service. Notice of termination can only be given for the new billing period and must be given within the existing billing period.
6. The right to terminate for good cause in accordance with Section 314 BGB without observing a notice period remains unaffected. The reasons that entitle us to extraordinary termination include all circumstances that entitle us to block the user’s access to the online service in whole or in part or to suspend the provision of services in accordance with the contract, for example due to the breach of an obligation under the contract by the user. The right to claim damages remains unaffected by a termination.
Deletion of data after termination of contract
You are responsible for backing up your data during the term of the contract and after termination of the contract. We are entitled to irrevocably delete all data no later than 4 weeks after termination of the contract.
Liability
1. Qshape is not liable for simple negligence in connection with the provision of the online service and other services, unless there is a breach of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as the user regularly rely and may rely (cardinal obligations). In this case, our liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
2. Qshape is not liable for the accuracy and completeness of information provided via our online service. This also applies to sample texts, sample images, sample graphics, sample videos and automated translations. The user with whom a contractual relationship exists at the time of publication of this content is liable for this content.
Deletion and blocking of content and data and other defensive measures
1. Qshape is entitled to delete content provided by you or third parties to whom you enable the use of the Online Service in connection with the Online Service and/or to block access to such content if and to the extent that, in Qshape’s reasonable discretion, the requirements of this Agreement are not met with regard to the content.
2. Furthermore, Qshape is entitled to block your access to the Online Service in whole or in part and/or to suspend the provision of services under the Agreement if you are more than thirty (30) days in arrears with the fulfillment of your payment obligations under the Agreement in whole or in part or if you are in material breach of your other obligations under the Agreement or if such blocking is required by law.
Changes to the contractual conditions
1. Qshape is entitled to amend these GTC and additional terms and conditions at any time. Changes may be made to adapt to applicable law or to implement the further development of contractually agreed services, provided that these changes would not significantly shift the previously agreed ratio of service and consideration in Qshape’s favor. We will give you at least thirty (30) days’ notice of any changes to the terms of the contract before they come into effect. The notification can be made by e-mail or via the download option in the log-in area.
2. The amended contractual terms will take effect if you do not object to them in text form (e.g. by email or via the linked contact form) within the period specified in the notification and continue to use the online service after expiry of the period. We will inform you of these consequences separately as part of the notification. Other termination rights of the parties remain unaffected.
Final provisions
1. Should one or more provisions of the contract be or become invalid or unenforceable, the remaining provisions of the contract shall remain unaffected.
2. German law is exclusively applicable to contracts between you and us.
3. The parties conclude the contract in German. In the event of deviations in the interpretation of the contract arising from the translation, the provision in German shall apply.
4. The European Commission provides a platform for online dispute resolution (ODR). We would be pleased if you could contact us directly with your request at the e-mail address office@qshape.com. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.