Terms of Use

§ 1 Scope of the Terms of Use

  1. These Terms of Use apply to the services offered by Omnora GmbH (hereinafter referred to as the Provider) available at https://app.omnora.com.

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

§ 2 Conclusion of contract and user account

  1. By completing the online registration process and creating an account, you enter into a user agreement with the Provider.  

  2. To create an account, you must first create a user account. This consists of an email address and a password of your choice ("login details"). 

  3. A user account can only be created if the user provides a current business email address. This email address will also be used for communication with the provider. 

  4. The user warrants that the data used to create 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 make use of various services provided by the provider. 

  2. The provider is entitled to block access at any time, e.g. if there is suspicion that they violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functions.

  3. The provider shall endeavor to ensure the smooth operation of the software. This is naturally limited to services over which the provider has influence. The provider is free to restrict access to the software in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, and other events beyond its control. 

§ 4 User's obligation 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 any third-party rights (e.g., name, trademark, copyright, and data protection rights). 

  2. The user undertakes to the provider that any content posted in the software does not violate applicable law or morality, either in terms of its content or form. The same applies to the setting of external links. In particular, the distribution of content that is  
    • racism 
    • glorifies violence and extremism of any kind 
    • calls for and incitement to criminal offences and violations of the law, threats against life, limb or property 
    • incitement against persons or companies 
    • defamation, libel, slander, and malicious gossip about users and third parties, as well as violations of fair trading laws 
    • Copyright-infringing content or other infringements of intellectual property rights 
    • Sexual harassment of users and third parties 
    • Pornography 
    • offensive, sexist, obscene, vulgar, abhorrent, or disgusting material and expressions 
    depict, relate to, or contain.

§ 5 Further obligations of the user

  1. The user is obliged to handle the login data with care. The user is prohibited without exception from disclosing the login data to third parties and/or enabling third parties to access the user account by circumventing the login data. 

  2. The user must refrain from any activity that could impair the operation of the software or the underlying technical infrastructure and/or place an excessive load on them. This includes, in particular: 
    • the use of software, scripts, or databases in connection with the use of the software; 
    • the automatic reading, blocking, overwriting, modification, or 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 notify the provider of such disruptions without delay. The same applies if the user obtains information about content published by third parties that clearly violates applicable law or the rights of third parties.

§ 6 Liability

  1. Unlimited liability: The provider shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. The provider shall be liable for slight negligence in the event of damage resulting from injury to life, limb, or health of persons.  

  2. In all other respects, the following limited liability applies: In cases of slight negligence, the provider shall only be liable in the event of a 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 the amount of damage that was foreseeable at the time the contract was concluded and that typically must be expected to occur. This limitation of liability also applies to the provider's vicarious agents. 

§ 7 Indemnification

  1. The user shall indemnify the provider and its employees or agents in the event of claims for alleged or actual infringement of rights and/or infringement of third-party rights arising from actions taken by the user in connection with the use of the software, and shall hold them harmless from all resulting third-party claims ( ). In addition, the user undertakes to reimburse the provider for all costs incurred by the provider as a result of claims by third parties. Reimbursable costs also include the costs of reasonable legal defense.  

§ 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 each time the software is used.  

  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 treated with care.