Last modified: 30 March 2021
Welcome to Gazette! Gazette helps you manage and read your email newsletter in a more convenient way.
Periply UG (haftungsbeschränkt), Rostocker Str. 17, 10553 Berlin, Germany (“we”, “us”, “our”) provides the Gazette app and other products, services, technologies or features, and all related webpages, applications and services (collectively referred to as the “Services”) subject to the following Terms of Service, as amended from time to time.
Before using any services, please read the Terms of Service carefully. By accessing and/or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you to not agree to these Terms of Service, you have to cease using the Services immediately.
By using the Services, you agree that you are at least 18 years old and are legally able to enter into a contract. Our Services are targeted at consumers; commercial use and redistribution of our Services is not permitted.
These Terms of Service apply to all users of our Services. Any changes or amendments to these Terms of Service are valid only if we have agreed to them in writing.
You may be required to register an account with the Services in order to access and use certain features. If you register an account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the account registration form. If you are under 18 years of age, you may not use our Services, with or without account. You agree to enter a binding agreement with us by registering an account, checking the box that you consent to these terms, and proceeding.
When you register using the “Sign in with Google” functionality and continue using the account to access emails in your Gmail inbox, you agree that we will access personal data, including but not limited to your name and email address, from your Google account. Our use of that information is governed by our Privacy Notice and adheres to the Google API Services User Data Policy, including the additional requirements for Gmail restricted scopes.
The Services and any texts, images, or other works associated with these Services are owned by us and protected by copyright, trademark and other laws of Germany and other countries. Except as expressly provided in these Terms of Service, we and/or our licensors exclusively or control any right, title, and interest in and to the Services and/or such works. You will not remove, alter or obscure any rights notices incorporated in or accompanying the Services and/or such works.
We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services at any time and without prior notice.
Our Privacy Notice lays out how we collect and process personal data, and forms part of these Terms of Service. Please read them carefully. You hereby agree to be bound by the terms set out in the Privacy Notice.
We offer certain Services without remuneration. By registering an account and agreeing to the Terms of Service, you enter a binding and unlimited usage agreement with us. This agreement may be terminated by either party at any point without any notice period. When the agreement is terminated, your user account will be deleted.
We may offer certain Services in the form of a subscription. Subscription period, price per period, and other conditions will be displayed and summarized clearly in the user interface of our Services prior to entering into a the subscription agreement, in line with legal requirements and the standards of the respective platform. You enter into the subscription agreement with us by confirming the respective dialog in the user interface of our Services, for example, on our website or in one of our apps.
Subscription agreements have a fixed subscription period. The price for a subscription period will be charged at the beginning at the subscription period for the entire duration. Subscription agreements will renew automatically, unless they are cancelled at least 24 hours before the end of the subscription period. You may cancel a subscription agreement at any time; such cancellation shall be effective at the end of the current subscription period. Subscription agreements entered into within one of our apps have to be cancelled on the respective mobile platform and/or app store for technical and legal reasons.
If you delete your account before the end of your subscription, you will no longer have access to our paid Services. We shall not be obliged to reimburse you for such loss of access. Deleting your account does not terminate your subscription agreement. Particularly if you entered into the subscription agreement in one of our mobile apps and delete your account, for technical and legal reason, you will have to separately terminate the subscription on the respective mobile platform to avoid an automatic renewal.
The right to extraordinary termination remains unaffected.
We shall be authorized to terminate subscription agreements without stating any reasons, effective at the end of the current subscription period.
Invoices for our subscriptions shall be exclusively provided in electronic form.
As a consumer, you have the right to withdraw from any agreements entered into with us within a period of 14 days, without stating any reasons. If you wish to exercise this right, please provide us with a written notice via email (contact@gazette-app.com) or mail (Periply UG (haftungsbeschränkt), Rostocker Str. 17, 10553 Berlin, Germany) that clearly states that you are exercising your right to withdraw.
If you exercise your right to withdraw, we shall refund any payments made by you, using the means of payment used to make such payments, and without charging any refund fees.
In the case of the agreement to deliver non-physical, digital content, we may ask you to be able to deliver such content to you before the end of the period during which you have the right to withdraw. If you agree to us delivering the content before the end of this period, your right to withdraw shall end when the content is delivered. If you do not agree, we shall only be obligated to deliver such content when the withdrawal period has passed.
You agree that we may establish general practices and limits concerning use of the Services, including but not limited the maximum period of time that data or other content will be retained by the Service and/or the maximum storage space that will be allotted to you on our servers. You agree that we have no responsibility or liability for the deletion or failure to store any data maintained by our Services.
You are solely responsible for all information or other materials ("content") that you post, upload, publish, submit or transmit (collectively, "transmit") or otherwise use via the Services. With respect to the content transmitted through the Service, you represent and warrant that you own all right, title and interest in and to such content, including, without limitation, all copyrights and rights of publicity contained therein. By transmitting any content through the Service, you hereby grant and will grant us and our affiliated companies a license to perform the actions necessary to deliver said content to the intended recipients. This license shall continue to remain valid even if you terminate your usage agreement with us.
We shall have the right to remove or block all or parts of the content you transmitted via the Services at any time.
You agree not to use our Services to transmit any content where such transmission is unlawful or that, in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type. In the case that you violate these Terms of Service, you may be held liable.
We endeavor to keep our Services available at all times, but we do not guarantee continuous availability without any interruptions. You agree to keep your software, including software provided by us as well as operating systems, drivers, and related software up to date. In order to use all features of our Services, you may have to grant certain permissions, such as allowing cookies, JavaScript, or push notifications. If you use older, outdated hardware and software to access our Services, the availability of certain features might be limited.
You are using our Services expressly at your own risk.
Neither we or any of our affiliated entities shall be held liable for any damages resulting directly or indirectly from any aspect of your use of our Services, unless otherwise regulated below. Excluded from this is liability for damages by you resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty on the part of us, our legal representatives or our agents. A "cardinal obligation" or "essential contractual obligation" is an obligation the fulfillment of which enables the proper execution of the contract and on the observance of which the contractual partner relies and may rely.
In the event of a breach of essential contractual obligations, we shall be liable only for typical, foreseeable damage if such damage was caused by negligence, unless it concerns claims for damages by you resulting from injury to life, limb or health.
The provisions in this section shall apply also to our legal representatives and agents if any claims are asserted directly against them.
These Terms of Service and any contracts between us and you shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of laws provisions and excluding the UN Convention on Contracts for the International Sale of Goods. The proper venue for any disputes arising out of or relating to any of the same will be Berlin, Germany.
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions contained in the Terms of Service shall continue in full force and effect.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. If you have created an account with the Services, we will also notify you through the user interface of our Services, via email or through other reasonable means. If you do not object to such changes within six weeks, these changes shall be deemed accepted by you. In case of your objection to such changes, we shall be authorized to terminate your account and any contracts with you, unless it is not unreasonable for us to provide our Services without the changes.