TERMS AND CONDITIONS
1. SCOPE OF APPLICATION, CONCLUSION OF CONTRACT
1.1. These Terms and Conditions govern the relationship between you and Tignum regarding TIGNUM X-App and apply to all and every visits and usage of the TIGNUM X-App, as well as to the information, recommendations, and all other services (collectively, including all content provided through the TIGNUM X-App, the “Service”) provided by us, the Tignum GmbH, with registered office in the Stiftstrasse 1, 70173 Stuttgart (“us” or “Us”) to you (“you” or “You”), a user of the TIGNUM X-App or Service.
1.2. Prerequisite for the use of the TIGNUM X-App (fee-based usage packages and/or free test offers or other services) is the registration of the user by TIGNUM. TIGNUM can offer free trial of TIGNUM's content or services during a trial period either independently after free registration or in connection with the conclusion of a contract on a chargeable usage package. Notwithstanding any agreements to the contrary, there is no entitlement to a free test.
1.3. The opportunity to use TIGNUM X-App offered by Tignum does not constitute an offer, but only an invitation to submit an offer. By completing the booking process, you submit an offer to conclude the contract for the use of the TIGNUM X-App. TIGNUM accepts your offer by providing you access to TIGNUM X-App. The contract between you and TIGNUM is not concluded until this acceptance has been made. TIGNUM is not obliged to conclude a contract. If you make use of paid services, you accept the associated payment obligation by clicking on the confirmation field offered in this case.
1.4. If you use TIGNUM X-App you acknowledge and agree to these Terms and Conditions, which can be found at any time on TIGNUM’s website at https://www.tignum.com/x/termsandconditions.html or in TIGNUM X-App under “ABOUT TIGNUM”.
1.5. Please read these Terms and Conditions carefully before using the TIGNUM X-App and Service. If you do not agree to these Terms and Conditions in their entirety, you may not use the TIGNUM X-App and Service.
REGISTRATION, USER ACCOUNT
2.1. We offer only fee-based memberships which will give access to the functions and features of TIGNUM X-App and provide you with individual Service.
2.2. The usage of the TIGNUM X-App and Service requires your registration and the creation of a TIGNUM X-App user account.
For registration you will have to indicate your personal information and to define a password.
2.3. Please note that the registration and creation of a TIGNUM X-App user account is limited to users that are at least 18 years old. Minors may not register and create a TIGNUM X-App user account. We are entitled to verify the identity of users by official documents at any time and reserve to right to initiate legal proceedings against users that provide false data about their identity.
2.4. We may delete any TIGNUM X-App user account with inaccurate or incomplete data if in our own discretion necessary.
2.5. Please note that only the registered user is entitled to its TIGNUM X-App user account. The TIGNUM X-App user account and the respective access rights are non-transferable.
2.5. Please let us know as soon as possible if (1) you suspect an unauthorized use of your TIGNUM X-App user account or password, or (2) your submitted personal data has changed.
3. MEMBERSHIP, TERMINATION, RIGHT TO WITHDRAWAL
3.1. Paid Membership
3.1.1. Paid Membership provides full access to the TIGNUM X App and all its features.
3.1.2. You can purchase a paid membership directly from Tignum and by invitation of Tignum only by making a payment in advance for 12 months. A membership has a term of 12 calendar months, starting with the day of you making the respective purchase. After this term, the paid membership will be renewed by a term of the same length as the initial term, unless terminated in due time by the user or Tignum (see Section 3.3).
3.1.3. Participants of the Tignum performance programs may receive access to all functions of TIGNUM X-App (paid membership) free of charge for the timeframe agreed in the contract on the performance program. After this term the membership automatically terminates unless you decide to continue a paid membership pursuant to Sec. 3.2.2.
3.2. Tignum reserves the right to reasonably increase the fees charged for a paid membership with effect from the start of a new renewal period, either after the initial term or the respective current renewal period. Prices may only be increased once per calendar year. In such cases, Tignum shall inform the user at least six (6) weeks prior to expiry of the initial term or respective current renewal period. Should the user not agree to this increase, they may object to the validity of the increase within three (3) weeks of notification via the contact form, letter, fax or e-mail. The user’s submission of an objection is tantamount to cancelling its paid membership, meaning that said membership will expire at the end of the initial term or respective current renewal period.
You and Tignum may each terminate a paid membership without cause to the end of the initial term, or to the end of any renewal period after said minimum term expires, by serving notice of four (4) weeks via the contact form, letter, fax or e-mail. If premium membership has been terminated, the user is entitled to retain free membership until this membership is terminated, meaning that the additional and advanced paid membership features will no longer be available. Both parties are entitled to immediate extraordinary termination for good cause at any time.
3.4. Right to Withdrawal for Consumers
Instructions on withdrawal and model withdrawal form
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the date of contract conclusion.
To exercise the right of withdrawal, you must inform us:
70192 Stuttgart, Germany
Phone: +49 711 411 60 500
Fax: +49 711 27327902
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, e-mail). You may use this model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
You may download and use the model withdrawal form available here as a PDF file.
Exclusion of right of cancellation:
The right of cancellation does not exist if, when entering into a legal transaction, you predominantly act in exercise of your trade, business or profession and are therefore deemed to be an entrepreneur (Section 14 BGB).
The right of cancellation vis-à-vis Tignum does not apply to agreements you enter into with third parties, i.e. where Tignum is not legally involved. Any such rights of cancellation may only be brought against the respective third party.
Other additional information:
You expressly agree that we will start to render the service before the end of the cancellation period.
4. LINKS TO THIRD PARTIES
4.1. For your convenience and to improve the usage of the TIGNUM X-App and Service, links to websites that are owned and controlled by third parties may be provided from time to time. This may also include links to our partners that may use TIGNUM X' logos as part of a co-branding agreement with us.
4.2. These links to third party websites take you outside the TIGNUM X-App or Service and therefore are beyond our control. We assume no responsibility for the content, privacy policies or practice of any third party website. You therefore visit such sites entirely at your own risk. You expressly acknowledge and agree that we are not responsible for any damages, claims or other liability arising from or related to your use of any third party website.
5. COPYRIGHTS AND TRADEMARKS
5.1. All of the content featured or displayed on the TIGNUM X-App, including but not limited to texts, graphics, photographs, images, moving images, sounds, illustrations and software (collectively, "Content"), except any communications and materials generated by you pursuant to sect. 8, is owned by us and/ or our group companies, including but not limited to our affiliates (collectively, “Tignum”), Tignum’s licensors and/or Tignum’s Content providers.
5.2. Unless expressly agreed otherwise, no portion or element of the TIGNUM X-App or its Content may be copied or retransmitted via any means and the TIGNUM X-App, its Content and all related rights shall remain the exclusive property of Tignum, Tignum’s licensors and Tignum’s Content Provider, as the case may be.
5.3. Except as may be otherwise indicated in specific documents within the TIGNUM X-App, you are authorized to view, play, print and download documents, audio and video found on the TIGNUM X-App for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of Tignum. For purposes of these Terms and Conditions, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the TIGNUM X-App.
5.4. In the event you download software from the TIGNUM X-App, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Tignum. Tignum does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Tignum retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
5.5. All trademarks, service marks and trade names of us used in the TIGNUM X-App, are trademarks or registered trademarks of Tignum, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Tignum trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the TIGNUM X-App, without Tignum's prior written consent.
6. WARRANTIES, GUIDELINES
6.1. All Service provided on the TIGNUM X-App is prepared with utmost care and is based on the current state of knowledge.
6.2. We make no warranties or representations, whether express or implied, about the accuracy or completeness, the usability or suitability for a specific purpose, the reliability and the safety of the TIGNUM X-App and Service. In particular we also do not warrant that the Service meets your expectations and that your objectives by using the Service are achieved.
6.3. The usage of the TIGNUM X-App and Service is at your own risk. It is in your free discretion and your responsibility if and to what extent you adhere to the Service and apply or implement it. We do not assume any liability for any risks arising out of the usage of the Service.
6.4. Please be aware that any communication with the TIGNUM X-App and us occurs exclusively over the Internet and that we are not completely familiar with your individual physical characteristics and health. Also, any information you provide may not fully reflect the state of your health.
6.5. Please note that the application or implementation of any Service may – beyond our control – have different effects on each individual’s life, body and/or health and may not be suitable for everyone. Our Service is not intended for individuals in respect of whom there is or is a reason to fear a risk for injury to life, body and/or health due to the application or implementation of our Service. You acknowledge and agree to refrain from or stop the application or implementation of our Service as soon as there is or is a reason to fear a risk for injury to life, body and/or health. When you work out and do any of the presented exercises, you assume all inherent risks.
6.6. The Service provided by us is for informational purposes only and is not intended as a substitute for medical, nutritional or psychological advice from your healthcare professional. The Service does in no event constitute or replace a personal and individual diagnosis, medical/nutritional/psychological advice and/or treatment. It is best to consult with a healthcare professional or physician before applying or implementing any Service.
6.7. We cannot represent or warrant the permanent availability and functional ability of the TIGNUM XTM-App or Service; however we endeavor to provide you with our Service as uninterrupted and error free as possible.
7.1. Subject to the provisions of sect. 7.2, you will not be entitled to damages for whatever legal reason, among others including claims based on tort.
7.2. The exclusion of liability according to sect. 8.1 will not be applicable for to claims based on willful and gross negligent conduct, fraudulent misrepresentation, within the scope of application of a guarantee, breach of pre-contractual obligations and claims pursuant to the German Product Liability Law (Produkthaftungsgesetz), culpable damage to life, body or health, and our slightly negligent infringement of material contractual obligations, namely such obligations the fulfilment of which is a substantial requirement to the due performance of the overall contract, and on the observance of which the customer may rely on.
7.3. The regulations of sect. 7.1 and 7.2 shall not cause a change of the burden of proof at your expense.
7.4. In the event of a slightly negligent infringement of any material contract obligations, our liability for financial loss is limited to the foreseeable, typically occurring damage.
7.5. As far as our liability is excluded or limited, this will apply accordingly to the personal liability of our legal representatives, employees, vicarious agents, subcontractors and suppliers.
7.6. We are in particular not liable for any black-outs, transmission errors, data loss or other damages to your mobile devices that are due to the usage of the TIGNUM X-App or Service.
8. USAGE AND RULES OF CONDUCT
8.1. You are prohibited from using the TIGNUM X-App to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the TIGNUM XTM-App to advertise or perform any commercial solicitation.
8.2. If you signed up for a membership, we make it possible for you to distribute content generated by you to others. If you make use of this, you acknowledge that we only act as a passive conduit for the distribution and are not responsible and liable for the content of the communications and materials generated by you or other users.
8.3. Any communications and materials generated by you shall be your sole responsibility. We do not assume any liability in connection with such communications and materials and reserve the right at our sole discretion to block or remove any communications and materials we believe is not in accordance with these Terms and Conditions, or otherwise unacceptable to us.
8.4. You are obligated to ensure that any communications and materials generated by you do not infringe or contribute to the infringement of any third party intellectual property rights and comply with all applicable laws and regulations. In addition, you are obligated to indemnify and hold us harmless for and against any and all claims, including but not limited to third party claims, and the costs and damages emerging at us in the context with communications and materials generated by you, as far as our liability is not already excluded pursuant to sect. 7.
8.5. You are prohibited from any action that is suitable to affect the smooth operation of the TIGNUM X-App.
9. CHANGES TO SERVICES
9.1. Tignum reserves the right to modify the services offered on the TIGNUM X-App or to offer services different from those offered at the time of the user’s registration at any time unless this is unreasonable for the user.
9.2. Tignum furthermore reserves the right to modify the services offered on the TIGNUM X-App or to offer services different from those offered at the time of the user’s registration at any time
9.2.1. to the extent Tignum is obliged to ensure the services that we offer are in compliance with legislation incumbent upon the services, particularly in the event of a change to said legislation,
9.2.2. to the extent Tignum is therefore deemed to have complied with a legal judgement or decision by the authorities,
9.2.3. to the extent the respective modification is required to eliminate any existing security gaps,
9.2.4. if the modification is only beneficial to the user, or
9.2.5. if the modification is of a purely technical or process-related nature without any material impact on the user.
9.3. Modifications that only have a minor impact on TIGNUM X App’s functionality do not represent changes to the services described in this section. This shall apply in particular to changes of a purely graphical nature and to a change of layout and/or placement of features.
10. CHANGES TO TERMS AND CONDITIONS
10.1. Tignum reserves the right to amend these Terms and Conditions at any time, without giving reasons, unless an amendment is unreasonable to the user. Tignum shall give due notice to the user regarding amendments to these Terms and Conditions. If the user does not object to the validity of the revised Terms and Conditions within six (6) weeks of receipt of said notice, the amended Terms and Conditions shall be deemed accepted by the user. In its notice, Tignum shall inform the user about the user’s right to object and the importance of the objection deadline.
10.2. Tignum also reserves the right to modify the Terms and Conditions
10.2.1. if the modification is only beneficial to the user,
10.2.2. if the modification is of a purely technical or process-related nature without any material impact for the user,
10.2.3. to the extent Tignum is obliged to ensure the Terms and Conditions comply with legislation incumbent thereon, particularly in the event of a change to said legislation,
10.2.4. to the extent Tignum is therefore deemed to have complied with a legal judgement or decision by the authorities, or
10.2.5. to the extent Tignum introduces supplementary, completely new services or service components requiring a service description in the Terms and Conditions, unless this has a detrimental impact on the use relationship to date.
10.3. Tignum shall notify you of such changes to its Terms and Conditions.
11. APPLICABLE LAW, INVALIDITY AND FINAL PROVISIONS
11.1. These Terms and Conditions shall be governed and interpreted exclusively by the laws of Germany without giving effect to its conflict of law principles (to the extent legally possible). The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
11.2. Place of performance under these Terms and Conditions shall be Tignum’s main place of business.
11.3. In the event that individual provisions of these Terms and Conditions, or the application thereof, are or become wholly or partly invalid or unenforceable under applicable law, then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions.
11.4. Settlement of disputes: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12. COMPANY DETAILS
70192 Stuttgart, Germany
Phone: +49 711 411 60 500
Fax: +49 711 27327902
Director (Geschäftsführer): Hans-Juergen Rippel
Commercial Register of the District Court (Amtsgericht) Stuttgart: HRB 723762