Introduction
This document constitutes an agreement between the customer (a legal entity or individual using the DEON services) and DEON GmbH & Co. KG. The term “User” refers to individuals authorized by the Customer to access and use DEON. The agreement also applies to companies affiliated with DEON.
“Deon” refers to the services and programs offered by DEON under the domains operated by DEON (deon.de, deon.eu, deon.cloud, etc.) and its sub-domains as well as aliases.
By operating and using Deon, you accept the terms and conditions of this agreement. You are obligating yourself to use Deon exclusively in compliance with the following terms and conditions.
These Terms of Service become part of the contract when the user registers for Deon, accepts an offer from DEON, or otherwise uses DEON services. During registration, explicit consent is obtained. The same applies when DEON services are commissioned in writing.
1. Subject Matter
Deon is available in two variations for use:
As a free platform for creating and collaborating on content in closed user groups for personal use or evaluation
As a pay platform for creating and collaborating on content in closed user groups within the scope of commercial use
The fees for using Deon are provided to the user in written form and are binding. These fees are due immediately upon invoicing for the entire term and can be paid with the indicated payment procedure. DEON can send invoices and payment reminders via email. If payment for a fee cannot be obtained, then the user will bear all the resulting costs.
Deon may only be used within the framework of the offered possibilities. All other uses require the prior, written approval of DEON.
With Deon, DEON is providing a technical application for content exchange and user cooperation. There is no content-related involvement on the part of DEON.
The user accepts the fact that 100% fail-proof provision of applications is not possible and that provision can be hindered by events of an internal (e.g., maintenance work, security interest) and external (e.g., power and network outages) nature. This also applies to Deon. However, DEON will attempt to achieve the highest possible system stability and constant availability for the offered services.
Deon, all of the elements it contains and all associated content – with the exception of the user transmissions and to the extent that nothing else has been designated – belong to DEON or are licensed to DEON. All copyrights and other industrial property rights, regardless of their form, will remain with DEON and the licensors of DEON at all times.
DEON retains the right to implement modifications to the offered services and other services, if this is reasonable for the user.
2. Rights and Obligations of the User
You may use Deon for your own purposes (“use” means accessing and executing the offered services and programs).
Completion of the Registration process signifies a proposal on your part to conclude an agreement regarding the use of Deon. DEON will accept this proposal by setting up your user account. This acceptance will mean that the agreement between you and DEON has been concluded.
In order to be able to register as a user, you have to provide personal information, which must be truthful. We recommend that you keep your password secret in order to prevent misuse. Each user may only register once and only create one user profile.
Customer grants DEON the right to add Customer’s name and company logo to its customer list and website. Except for the foregoing, neither party may use the other party’s name or logo without the other party’s prior written consent.
Please note that you are responsible for your activities on the platform. Any responsibility for said actions on the part of DEON is excluded.
You are obligated to comply with the laws valid in your country for the entire time that you use Deon, especially when configuring content and communicating with other users.
In addition and independent of the legal situation, you are not allowed to:
Use content that is pornographic, vulgar, obscene, abusive, hurtful, slanderous, pestering, threatening, hateful, racist or in any other way objectionable;
Bother other users with mass content (especially SPAM)
Furthermore, all users are prohibited from the following actions, unless contractually agreed otherwise:
Rent, lease, sublicense, lend, sell, transfer, copy, modify, adapt, connect to other programs, translate, convert to a different programming language, conduct reverse engineering of the various manufacturing steps of the software, decompile or create derived works of Deon or elements of Deon either by yourself or through third parties, unless this is expressly permitted in this agreement or by compulsory laws.
Copy or conduct trade with Deon or elements of Deon in any way or allow third parties to do this, unless this is expressly permitted in this agreement.
Activate Deon or elements of Deon with mechanisms, scripts or other software (e.g., robots or crawlers) that are not necessary for proper use of the platform. However, this does not impact the use of interfaces and software that DEON provides for programmatic access (e.g., APIs).
Conduct any activities that negatively impact or excessively strain the function and/or infrastructure of Deon.
If you notice that other users are using Deon in an illegal or non-contractual (improper) manner, then you can notify DEON using the platform’s contact form.
3. Term and Cancellation
The free services can be cancelled at any time by the user without an indication of reasons. Services can be canceled with a corresponding message sent via the platform’s contact form or a letter sent to DEON. The registered email address must be provided. After the cancellation, all content published by the user can be deleted by DEON.
The pay services are offered within the framework of a subscription. The booked minimum period of use is prolonged by a period equaling the same amount of time if the user does not cancel the subscription in due time. The services can be cancelled without notification at the end of the respective current period without an indication of reasons. To cancel the services, it is sufficient to send a message to DEON using the platform’s contact form or to send the Company a letter. The registered email address must be provided. After the cancellation, all content published by the user can be deleted by DEON.
Both contracting parties are entitled to cancel for a compelling reason both the free as well as the pay services. A compelling reason exists when continuation of the contractual relationship up to the agreed-upon end of this relationship or up to the end of a cancellation period cannot be expected from the cancelling party taking into account all the circumstances of the individual case and under consideration of both parties’ interests. Compelling reasons exist in particular when:
The user does not comply with legal regulations;
The user violates provisions of this agreement;
The user harms other users or the platform.
If a compelling reason exists, DEON is entitled, in addition to the cancellation, to warn the user, delete the user’s contents and block the user’s access.
The user’s claim to reimbursement of fees paid in advance lapses if DEON must implement measures resulting from the existence of a compelling reason.
4. Right of Revocation for Consumers
If you use Deon as a consumer in the sense of the law (section 13 of the Civil Code, BGB Germany), then the following terms and conditions apply to you:
Right of revocation: You can revoke your contractual statement within 14 days without an indication of reasons in text form (e.g., letter, email). This period will begin after receipt of this revocation in text format, however, not before the agreement has been concluded and not before fulfillment of our information obligations according to article 246 section 2 in connection with section 1 paragraph 1 and 2 of the Introductory Statute to the Civil Code as well as our obligations according to section 312e, paragraph 1, clause 1 of the Civil Code in connection with article 246 section 3 of the Introductory Statute to the Civil Code. Sending the revocation in due time is sufficient to guarantee the revocation period. The revocation must be sent to:
DEON GmbH & Co. KG
Ella-Kay-Str. 22c
10405 Berlin
Email: invoice@deon.de
Revocation consequences: In the event of a valid revocation, services already received and any profit derived therefrom (e.g., interest) must be returned. If you are not able to return the received services to DEON in whole or in part or are only able to return the services in deteriorated condition, then you must compensate DEON for lost value, if necessary. This may result in you having to nevertheless fulfill the contractual payment obligations for the period up to the revocation. Obligations regarding reimbursement of payments must be fulfilled within 30 days. The period will begin for you with the sending of your declaration of revocation; for us this period will begin upon receipt of said declaration.
Special note: Your right of revocation will lapse prematurely if the contract has been entirely fulfilled by both sides upon your express wish before you have exercised your right of revocation.
5. Support and Customer Service
Users can employ the platform’s contact form to send questions, instructions and comments about Deon, the services offered or contractual aspects.
6. Warranty
DEON provides its services “as is” without any express or implied warranties regarding functionality, availability, or fitness for a particular purpose.
DEON is liable without limitation for damages resulting from injury to life, body, or health caused by a breach of duty by DEON, its legal representatives, or vicarious agents. For other damages, DEON is liable only in cases of intent or gross negligence. In the case of slight negligence, liability is limited to damages resulting from the breach of essential contractual obligations (cardinal duties) and only to the foreseeable damage typical for this type of contract.
Any further liability, particularly for indirect damages, consequential harm, or loss of profit, is excluded to the extent permitted by law.
7. Indemnity
The user is solely responsible for their actions on the platform. The user agrees to indemnify, defend, and hold harmless DEON from all claims by third parties, including reasonable legal costs, arising from the user’s unlawful or non-contractual use of Deon, in particular in cases of rights violations, illegal content, or breaches of contractual obligations.
If such a claim is made, the user must, upon request by DEON, immediately cease the infringing behavior and actively support DEON in the legal defense.
8. Final Provisions
This document constitutes the entire agreement between the user and DEON regarding the use of Deon and supersedes all prior versions of this document.
DEON reserves the right to amend this agreement at any time. DEON will inform the user of any changes in a timely manner. If the user does not object to the amended agreement within six weeks of notification, the amended agreement shall be deemed accepted.
The user agrees that DEON may communicate with them via email, postal mail, or notifications on the Deon website, including regarding changes to these terms.
These terms also apply to DEON’s third-party suppliers, branches, affiliates, and subsidiaries to the extent applicable.
If any provision of this agreement is or becomes invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent in a legally permissible manner.
This agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of international private law.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be Berlin, Germany.
This agreement is written in English and automatically translated. In case of inconsistencies between this and any translated version, the English version shall prevail.