Terms of Use

1. Five is innovation tools GmbH is offering "Freemium Services", which include "free" tools that are made available to use at no additional charge and "premium" tools that are made available on the basis of a paid SaaS contract. The following terms of use focus on the "free" services. Entering into a SaaS contract for Premium Services requires additional Terms of Use. The terms governing the Freemium Services are effective as of the date of first access to such Freemium Services. By accessing the Freemium Services, you indicate that you have read, understood, and expressly agree to these terms.
2. Right to use and restrictions Five is innovation tools GmbH grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the services mentioned in the contract and the associated user documentation within the framework for the duration of the contract. The Freemium Service shall be made available via the Internet. The customer undertakes to use the Freemium Service exclusively in accordance with the terms of use and neither to pass it on to third parties nor to make it accessible to third parties in any other way. The Customer is not entitled to "reverse engineer", decompile, disassemble, duplicate or use any part of the Freemium Service to create a separate application. The customer hereby acknowledges five is innovation tools GmbH as the sole licensor of the Freemium Service and the associated copyrights. five is innovation tools GmbH rights as sole licensor also apply to extensions of the Freemium Service provided by five is innovation tools GmbH to the customer, unless otherwise agreed in writing. The use of the Freemium Service is limited and bound to specified persons, identified by their individual email address.
3. Responsibilities and Rights of the Customer The customer is responsible for: (a) the Users' activities that occur in relation to the Freemium Services; (b) ensuring that the users comply with these Freemium Terms; and (c) all data and content the users use within the Freemium Services. A Freemium Service may, at any time and without prior notice, be updated, suspended, unavailable, or negatively affected by scheduled maintenance.
   Disclaimer of Certain Obligations. Five is innovation tools GmbH has no obligation under this Agreement or otherwise to: (a) correct any bugs, defects, or errors in the Freemium Services or otherwise to provide any free support, maintenance services, service levels, or uptime guarantees for the Freemium Services; (b) store, hold, export, return, or destroy any data or content; and (c) create, distribute, or otherwise offer a Premium Services. The non-freemium service may perform in a manner significantly different from the Freemium Services. Accordingly, the Customer acknowledges that any research or development performed, or business plans made, by Customer regarding or in reliance upon the Freemium Services is done entirely at Customer's own risk.
   The data collected, processed and generated by the Freemium Service is stored on the Qi servers. The customer remains the sole owner of the data in all cases and can therefore demand that five is innovation tools GmbH hands over individual or all data at any time, without any right of retention on the part of five is innovation tools GmbH. The surrender of data shall be affected by electronic transmission via a data network or, upon separate agreement, by handing over data carriers. The customer shall not be entitled to also receive the software suitable for the use of the data. Costs arising from the individual release of data shall be borne by the customer. The responsibility for the permissibility of the collection, processing and use of the data as well as for the protection of the rights of the persons concerned (information, use, correction, blocking, deletion) lies with the customer.
4. It is understood that the Freemium Services and any updates may contain errors and are provided on an "as is, with all faults" and "as available" basis without warranty of any kind.
5. Violation of the Terms of Use In the event of violations of the aforementioned terms of use, five is innovation tools GmbH shall be entitled to terminate the contract in whole or in part without notice. In this case, five is innovation tools GmbH additionally reserves the right to assert claims for damages against the customer resulting from the action in violation of the contract.