General Terms and Conditions of Gender-API.com
§ 1 Company information
Provider: Markus Perl - Gender-API.com
Address: Hermann-Mayrhofer-Str. 3
Email: contact gender-api.com
§ 2 Conclusion of contract, registration, correction possibilities
Gender-API.com provides services for customers to automatically determine gender in relation to names or email addresses (hereinafter "services") on the Internet at https://gender-api.com (hereinafter “website”). Customers can only be natural or legal persons or partnerships with legal capacity who, when concluding the contract with Gender-API.com, act in the performance of their commercial or self-employed professional activity. In this capacity, consumers are excluded from the circle of customers.
(2) Customers can register free of charge on the website. The customer assigns login data (email address and password) to access his account at Gender-API.com. After registration, the customer can select a price model to top up credit for the services with Gender-API.com; the customer can always choose between one-off payments and subscriptions. Before clicking on the "Create new account" button and before submitting any further information, the customer can once again check all data for accuracy and make any necessary changes before the first credit charge is made. By clicking on the "Buy now" button, the contract between Gender-API.com and the customer about the one-time or periodic top-up of the credit balance is concluded.
(3) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between the customer and Gender-API.com, unless otherwise agreed. The version applicable at the time of the conclusion or extension of the contract shall be decisive. The validity of the customer's general terms and conditions is expressly contradicted.
§ 3 Contract language, contract text storage
(1) The contract language is English or German.
(2) The contract text, this customer information and the terms of service are sent to the customer by Gender-API.com via email after registration, but can also be printed and/or saved by the customer via the Internet browser as part of the registration process. The contract text is not additionally stored by Gender-API.com and is also not accessible to the customer.
§ 4 Obligations of Gender-API.com
(1) Gender-API.com provides the customer with services for determining gender. The service is provided via an interface, the processing of an Excel or a CSV file.
(2) Gender-API.com grants the customer a simple, spatially unlimited right of use on the program lines of the interface, which is generally limited for the duration of the registration and cannot be transferred to third parties. Any use beyond the purposes of the contract is not permitted. The use of certain measures or technical aids which impair or render the software useless is not permitted.
(3) Gender-API.com services are generally available 24 hours a day, 7 days a week. The availability of services during the usual working hours between 7 a.m. and 5 p.m. Central European Time, taking into account Central European Summer Time, is guaranteed with an average of 99% per year. Periods during which the services cannot be provided for reasons beyond the control of Gender-API.com are not included in the calculation of the quota of 99%.
(4) Gender-API.com reserves the right to change, extend or partially discontinue the design, function and structure of the services at its own discretion. Changes are always made to improve services for the majority of customers. Changes to the contractual services will be announced on the website in good time in advance.
(5) Gender-API.com is not obliged to provide individual consulting services, to deliver updates or to adapt software to the customer's wishes.
§ 5 Obligations of the customer
(1) When registering, the customer is obliged to provide truthful and clear information. If the data provided changes, the customer is obliged to change them or to notify Gender-API.com immediately.
(2) Upon conclusion of the contract, the customer agrees to make the payment assigned to the selected price model. The amount of the payment depends on the price list valid at the time the contract is concluded.
(3) User name and password chosen by the customer for his account must be treated confidentially and may not be made accessible to third parties; third parties are persons who are not employed in the customer's company. If the customer becomes aware of any unauthorized use of his access data, Gender-API.com must be informed immediately.
(4) Each customer is responsible for the content entered and transmitted within the scope of the services; Gender-API.com does not appropriate content and does not check it. The customer must ensure that his contents neither violate existing laws nor infringe the rights of third parties. The customer is obliged to indemnify Gender-API.com against claims of third parties arising from unauthorized use by him; the indemnification also concerns reasonable court and lawyer costs.
§ 6 Term, subscription
(1) The user contract begins with the confirmation of the free registration. The user contract can be terminated by either party at any time in text form (§126b BGB).
(2) When a subscription is completed, the performance period shall initially be one month, beginning with the completion of the subscription contract (hereinafter "contract period"). The contract is automatically extended by a further month after expiration of the contract period, unless one party terminates the contract in writing with one week's notice; the customer can also declare a change of the price model in the same period, so that the subsequent contract period corresponds to the then selected new price model. If provided for, the customer can also terminate the contract or change the pricing model via the website after logging in. The right to extraordinary termination for good cause remains unaffected. Existing credit for the service provision is still to be used until the end of the contract period; a claim for repayment of a credit is excluded in this case.
§ 7 Payment, default
(1) The fee for the one-time credit top-up is due upon confirmation of the top-up, upon the completion of a subscription for each contract month in advance. Payment is generally made by credit card; if no payment is made by this means of payment, the customer will receive an electronic invoice to the email address provided by him, which must be paid immediately, but at the latest within ten days of receipt of the invoice.
(2) If the customer is in default with the payment of the remuneration, the customer has to pay default interest in the statutory amount (§ 288 paragraph 2 BGB).
(3) Gender-API.com is entitled to block the customer's access until the customer has paid all due payments (plus default interest and any further default costs).
(4) Gender-API.com is entitled to terminate the contractual relationship without notice if the customer in default does not pay in time despite the request, after receiving a further message containing an appropriate payment deadline and a threat of termination in the event of non-payment.
§ 8 Warranty, liability (1) Some of the services provided by Gender-API.com can only be used if the software is compatible with other programs or the customer's operating systems and hardware. Compatibility is only owed if this is expressly stated by Gender-API.com within the scope of the services offered.
(2) Gender-API.com points out to the customer that the provision of Gender-API.com's services may be hindered or impossible due to restrictions or impairments beyond the sphere of influence of Gender-API.com. This includes technical conditions such as the availability of the Internet connection and technical malfunctions on the customer side.
(3) Gender-API.com does not guarantee services that are based on incorrect input by the customer. Gender-API.com is not liable outside its area of responsibility and the vicarious agents of Gender-API.com for incorrect or incomplete transmission of data on the Internet due to faulty functioning of software, the Internet infrastructure or other errors that are the responsibility of the customer or independent third parties.
(4) Gender-API.com is generally liable according to legal regulations. If there is no case of gross negligence or intent, Gender-API.com is not liable for indirect damage, such as additional expenditure, loss of profit or lack of savings. A no-fault liability for defects that already exist at the conclusion of the contract is hereby expressly excluded. The liability according to the product liability law as well as due to malice remains unaffected. The above liability rules also apply with regard to the personal liability of representatives and vicarious agents of Gender-API.com.
§ 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of Gender-API.com.