Terms and Condition

Last updated: 2018-05-10

Introduction

Welcome to our Terms of Service. We try to keep this document as short and as readable for you as possible.

The following terms and conditions apply to all services and products of feediary and include all content services and products available at or through feediary. feediary is operated by Michael Scharnagl. These terms and conditions shall apply to all users of the services, including users who are also contributors of content on the services.

We require you to have read and agreed to our terms of service and our privacy policy without exception. By accessing and using our services, you agree to be bound by the following Terms of Service. If you do not agree, you may not use any of our services. feediary’s services are only available for human individuals who are at least 16 years old.

Definitions

  1. The „Agreements“ collectively refers to our terms of service, our privacy policy and other operating rules that we publish on our website.
  2. The „Service“ refers to applications, software, products and services that are provided by feediary.
  3. „website“ refers to our website at feediary.com
  4. „The User“, „You“, „Your“ refer to an individual person, company, or organisation that has visited or is using the website or Service.
  5. „feediary“, „We“, „Us“ refer to feediary. as well as, but not limited to, our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. „Content“ refers to content available through our website or our Service. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users.

Service

feediary may terminate parts of or the complete Service at any time.

You are responsible to ensure that your use of the Service complies with the laws and any applicable regulations.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or access to the Service | without feediary’s express written permission. You may not extract any data from our website, especially by using an automated process for commercial (i.e. directly or indirectly in connection with any business, or other undertaking intended for profit) or spamming purposes, including for the purposes of selling feediary users' personal information, such as to recruiters, headhunters, and job boards. You agree not to engage in any activity that significantly harms our users. We will resolve disputes in favor of protecting our users as a whole.

Summary:
You undertake to use our services exclusively for legal and authorized purposes in accordance with applicable laws and regulations.

Visitor’s Responsibilities

feediary is not able to review all User-Generated Content and therefore cannot be held liable for content that we haven’t created. We do not represent or endorse content published by others. It may therefore be possible that the Service contains harassing, offensive, violent content or harmful, destructive content like viruses or trojans. feediary may contain content that violates copyright, laws, publicity rights of third-parties parties. If you encounter any such content please inform us immediately.

Summary:
feediary is not responsible for content published by others and cannot be held liable for any damages caused by such content.

Third-Party Data Sharing

feediary’s software is hosted in Brussel, Belgium. We use a third-party provider to collect payments for purchases or subscriptions. You agree to use the External Services at your sole risk.

The service of feediary can be enhanced by signing in to third-party services. The terms of service and privacy policy of those third-party services apply. feediary may not be held liable for your use of any of these third-party services, including those that have a link on our website.

feediary shares the minimum amount of data necessary with these services. By connecting to them, you grant feediary the right to use and store the public information that is available to us.

Summary:
We use third party services to operate feediary. We try to share and store as little information as possible.

Your Account

Using our Service and accessing your Content may require an account. We offer different types of accounts for users to enhance their experience on the website: a free account and a paid subscription account. You are responsible for maintaining its security and confidentiality. feediary will not be liable for the actions of a user’s account. Please contact feediary if you suspect that your account has been compromised.

Users can delete their account at any time. If You do, We will do our best to keep the sole data needed to ensure continuity of the Service. You acknowledge that caching, backups or references to the content may not be made immediately unavailable. Backups are securely stored for one month before they will be deleted.

We may suspend or terminate your account in case of infringement of the Agreements.

Summary:
You are responsible for the actions that are performed by the account that we provide to you. feediary and yourself can terminate your account at any time.

Payments

Pricing

feediary offers services through subscriptions to give users access to premium features. The according pricing is available through the Service and may change over time and be different at the end of a payment term. Pricing changes that affect a currently active subscription will be announced 14 days before renewal. All transactions are final and our services are paid in advance and are not refundable. By agreeing to these terms You give Us permission to charge the fees that you have authorized for feediary to your provided payment method. All payment information are handled exclusively by our third party payment provider. We never store your credit card details.

No Refunds

We reserve the right to delete your account at any time. If you terminate an account before your active subscription expires, you will not be entitled to a refund, even partial. Subscriptions are billed in advance on a monthly basis and are non-refundable. We will not offer refunds or credits for partial months of service.

In order to treat everyone equally, no exceptions will be made.

Summary:
To provide a sustainable business we offer optional paid services. Prices and features might change at any time and we do not offer refunds. In order to treat everyone equally, no exceptions will be made.

Content Posted On Other websites

The Service contains links to other websites. The contents of other websites, services, goods or advertisements that may be linked from the website are not maintained or controlled by feediary. Therefore, feediary is not responsible for the availability, content or accuracy of other websites. By leaving feediary’s website through a link, we do not endorse or imply correctness of the content on the references’ sites. It is Your responsibility to protect yourself from linked websites. feediary disclaims any responsibility for any harm resulting from Your use of non-feediary websites and webpages.

Summary:
We are not responsible for content that we don’t own and control.

Security & Confidentiality

You will not attempt to disrupt or tamper with feediary’s servers in any way and most particularly in a way that could harm our website or the Service. Any security breach must be reported in a secure way directly to feediary. We should be given an appropriate time to investigate the issue before it is disclosed publicly.

We take security seriously and we expect people who find any data leak or security issue to contact Us immediately in private and share the details only with Us to keep our Users safe.

Summary:
Any security breaches found must be privately reported to us.

Agreement Changes

We reserve the right, at our sole discretion, to change, extend or remove content of these Terms of Service at any time by changing the content of this page consecutively. We will provide notice of such changes by revising the date at the top of this page. If our Users are affected by material amendments to these agreements, such as a pricing change, we will notify them at least 14 days prior to the change by posting a notice on feediary. Therefore, it is your responsibility to periodically review these Terms of Service for any changes.

For any modifications, by continuing to use our Services, you agree to be bound by these Terms of Service as modified.

Summary:
We may modify this agreement without notice, unless the amendments are related to pricing changes in which case we will respect a 14 days’ notice.

Disclaimer of Warranties

Our Services are provided “as is”. feediary and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither feediary nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. We may not be held liable if our Service is, temporarily or definitively, suspended or shut down.

You understand that you download from, or otherwise obtain content or services through our Services at your own discretion and risk.

Summary:
We provide our services “as is”. We make no promises or guarantees about this service.

Limitation of Liability

In no event will We be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or consequential damages;
  2. the cost of procurement for substitute products or services;
  3. for interruption of use or loss or corruption of data; or
  4. for any amounts that exceed the fees paid by you to feediary under this agreement during the twelve (12) month period prior to the cause of action. feediary shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Summary:
feediary will not be liable for any damage or loss emerging from your use or inability to use our services or otherwise arising under these agreements.

Indemnification

You agree to indemnify and hold harmless feediary, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement. This defense and indemnification obligation will survive these Agreements and your use of the Service.

Summary:
You alone are responsible for your use of our services. If you harm someone else or get into a dispute with someone else, we will not be involved.

Miscellaneous

This Agreement constitutes the entire agreement between feediary and You concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorised executive of feediary, or by the posting of a revised version by feediary.

Except to the extent of applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services, shall be governed by the laws of Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Germany. The arbitration shall take place in Germany, in the English or German language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; feediary may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This Agreement contains section titles and brief summaries of the terms and conditions. These are not part of the official terms and therefore are not legally binding.

This Agreement represents the complete and exclusive statement between you and us. This Agreement supersedes any oral or written proposal or prior agreements, and any other communications between you and feediary.

If you have any further questions about our Terms of Service, please contact us.

Attribution:

Parts of this Terms of Service document are adapted from Automattic’s Open Source legal documents, licensed under Creative Commons Attribution-ShareAlike 4.0 International license. The complete Terms of Service of feediary are therefore licensed under the same Creative Commons Attribution-ShareAlike 4.0 International license.