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Terms of Use

§ 1 Scope of Application of the Terms of Use

  1. These Terms of Use apply to the offering of Omnora GmbH (hereinafter referred to as the provider), which is available at https://app.omnora.com is available.  

  2. You can find the currently valid Terms of Use at https://omnora.com/terms-of-use view and print.

§ 2 Conclusion of Contract and User Account

  1. By completing the online registration process and creating access, a user agreement with the provider is concluded.  

  2. Creating a user account is required to gain access. This consists of an email address and a self-chosen password ("login credentials").

  3. Creating a user account is only possible by providing a current business email address of the user. This email address also serves for communication with the provider.

  4. The user guarantees that the data used when creating their user account is accurate and complete. The use of pseudonyms is not permitted.

  5. The contract language is exclusively German.

§ 3 Use of the User Account

  1. When using the user account, the user can utilize various services offered by the provider.

  2. The provider is entitled to block access at any time, for example, if there is suspicion that it violates applicable law or third-party rights. The user has no right to the maintenance of individual functionalities.

  3. The provider strives for the smooth operation of the software. This is naturally limited to services over which the provider has influence. The provider is entitled to restrict access to the software, wholly or partially, temporarily or permanently, due to maintenance work, capacity issues, and other events beyond its control.

§ 4 User's Duty to Cooperate: Posting Content

  1. The user undertakes to observe applicable law (e.g., criminal, competition, and youth protection law) when creating and using their own content and not to infringe upon the rights of third parties (e.g., name, trademark, copyright, and data protection rights).

  2. The user undertakes to the provider that any content posted in the software shall not violate applicable law or public morals, either in its content or form. The same applies to the inclusion of external links. In particular, the dissemination of content that is not permitted, which  
    • Racism
    • glorification of violence and extremism of any kind
    • calls for and incitement to criminal acts and legal violations, threats against life, limb, or property
    • Incitement against individuals or companies
    • statements violating personal rights, defamation, libel, and slander by users and third parties, as well as violations of unfair competition law
    • copyright-infringing content or other infringements of intellectual property rights
    • sexual harassment of users and third parties
    • Pornography
    • offensive, sexist, obscene, vulgar, hateful, or repulsive materials and expressions
    represent, concern, or contain.

Section 5 Further Cooperation Obligations of the User

  1. The user is obliged to handle the log-in data carefully. The user is strictly prohibited from disclosing the log-in data to third parties and/or enabling third parties to access the user account by circumventing the log-in data.

  2. The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the software or the underlying technical infrastructure. This includes, in particular:
    • the use of software, scripts, or databases in connection with the use of the software;
    • the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the software;

  3. Should disruptions occur during the use of the software or its functionalities, the user shall immediately inform the provider of such disruption. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

Section 6 Liability

  1. Unlimited Liability: The provider is liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. For slight negligence, the provider is liable for damages resulting from injury to life, body, and health of persons.

  2. Otherwise, the following limited liability applies: In cases of slight negligence, the provider is only liable for the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the user may regularly rely (cardinal obligation). Liability for slight negligence is limited to damages foreseeable at the time of contract conclusion, which typically must be expected to occur. This limitation of liability also applies to the benefit of the provider's vicarious agents.

Section 7 Indemnification

  1. The user shall indemnify the provider and its employees or agents against all third-party claims arising from actions taken by the user in connection with the use of the software, in the event of claims due to alleged or actual legal infringements and/or infringement of third-party rights. Furthermore, the user undertakes to reimburse the provider for all costs incurred by the provider due to third-party claims. Reimbursable costs also include the costs of adequate legal defense.

Section 8 Personal Data

  1. The user hereby consents to the storage of the personal data entered by them. This also applies to the storage of IP addresses that are transmitted with each use of the software.

  2. The use of the software makes the collection, processing, and use of personal data by the provider unavoidable. The provider assures that all stored data will be handled carefully.

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