Your use of and access to IAPGUARD (iapguard.com website) and all of its affiliated websites, products and services (collectively, the "Service") run by FLOBUK e.K., is subject to your compliance with these terms of service
("Terms", "Terms and Conditions"), so please read these Terms carefully. IAPGUARD ("we", "us" or "our") reserves the right to limit or terminate your access to the Service if you do not comply with these Terms.
By accessing or using the Service you agree to be bound by these Terms. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf.
If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
Accounts registered by bots or any other automated methods are not permitted.
By registering, you guarantee that you are above the age of 18. You are solely responsible in all respects for all use of (including any unauthorized use) of your login credentials, and for protecting the confidentiality of your password.
You are required to immediately and unambiguously inform us via the contact details indicated in this document, if you think that your personal information, including but not limited to User accounts, access credentials or personal data,
have been violated, unduly disclosed or stolen.
Subscriptions
Paid features of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or IAPGUARD cancels it.
You must cancel your Subscription before your billing period renews to avoid the billing of the next period's fees to your account.
You may cancel your Subscription renewal at any time either through your online application management page or by contacting IAPGUARD customer support. You will not receive a refund for any partial billing period cancellation.
Usage Fee
Usage exceeding Service included in a Subscription ("Usage Fee") will be calculated when the Billing Cycle ends, for the then past month. On the 10th day of each month, the Usage Fee is added to the User's existing Subscription,
effectively being billed with next month's invoice (Net 30). If the Subscription has been canceled, you will receive a separate invoice for the remaining Usage Fee that needs to be paid for manually.
Handling payments
We do not handle any payment information on our servers. Our order process is conducted by our online reseller Paddle.com Market Limited ("Paddle"). Paddle is the Merchant of Record for all our orders.
Paddle provides all customer service inquiries and handles returns.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Paddle with accurate and complete billing information including full name,
address, state, zip code and a valid payment method information. By submitting such payment information, you automatically authorize Paddle to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, you will receive a notice to update your payment information. We will retry once after 7 days and in case of another failed billing attempt with no response, we will then cancel your Subscription.
Pricing Changes
IAPGUARD, in its sole discretion and at any time, may modify the Subscription or Usage Fees for the Subscriptions ("Fees"). Any Fee change will become effective at the end of the then-current Billing Cycle.
IAPGUARD will provide you with a reasonable prior notice of any change in Fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Fee change comes into effect constitutes your agreement to pay the modified Subscription Fee amount.
Refunds
Certain refund requests for Subscriptions or the Usage Fee may be considered by IAPGUARD on a case-by-case basis and granted in sole discretion of IAPGUARD.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to breach of the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
The suspension or deletion of accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of IAPGUARD and its licensors.
The Service is protected by copyright, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of IAPGUARD.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, non-infringement or course of performance. You will be solely responsible for any damage that results from your use of the Service.
IAPGUARD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, error free or available at any particular time or location; b) any errors or defects will be corrected;
or c) the results of using the Service will meet your requirements.
Indemnification
You agree to indemnify and hold IAPGUARD, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, b) a breach of these Terms
or c) of any law or the rights of any third party.
Limitation Of Liability
In no event shall IAPGUARD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation,
loss of profits, data, use, goodwill, or other intangible losses, resulting from a) your access to or use of or inability to access or use the Service; b) any conduct or content of any third party on the Service;
c) any content obtained from the Service; and d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory,
whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by IAPGUARD.
IAPGUARD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that IAPGUARD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of Baden-Württemberg, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we do, we will revise the "Last updated" date given below. It is your responsibility to review these Terms frequently and to remain informed of any changes.
The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Services after such changes have been published to will constitute your acceptance of the revised Terms.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].
Last updated: July 1, 2024