Terms

The following General Terms and Conditions (GTC) govern the contractual relationship between greetix.com (hereinafter referred to as "Greetix") and the natural persons and legally responsible partnerships (hereinafter "user(s)"), who wish to use the tool offered by Greetix to upload and send images to a slideshow and register for this purpose.

The terms used below, such as users, consumers, etc., apply to all genders (m/f/d).

Greetix is available to consumers and business customers as explained below: According to these terms, "consumers" are defined as users who do not pursue commercial or business purposes under Section 13 of the German Civil Code (BGB). "Business customers" are users who use Greetix in the course of their business or professional self-employment (Section 14.1 BGB).

Possible terms and conditions specified by the user are not legally valid unless Greetix explicitly contradicts them in advance.

1 Service Description

1.1 Greetix's services include the ability to obtain both free and paid access to the online photo service greetix.com. Here, users can create a personal "event" secured by an individual code, allowing their guests to send photos and text messages to this event live during the event with their smartphones. They can use the messenger app of their choice (WhatsApp, Telegram, Facebook Messenger). No new application needs to be installed on the smartphone to use Greetix. The images can be displayed during the event via a slideshow on a display device (projector, screen, TV, etc.). The images can be downloaded individually in the free version and collectively in the Plus and Business versions 24 hours after the event has taken place (an event ends 24 hours after the last file was uploaded). After that, a photo book can be ordered with the event images. Greetix is working on further offers, features, and services.

1.2 Greetix reserves the right to restrict, interrupt, or discontinue the provision of services at any time. Whenever possible, Greetix will inform users in advance in such cases. If Greetix continues to be used after a change notice, the changes are considered accepted.

1.3 The scope and price of Greetix's paid offers can be found in the respective service description. Greetix reserves the right to change these. In this case, the user will be informed on the website or by email before the changes take effect. The change is considered approved by the user unless they object before it takes effect. In this case, the contractual relationship will be terminated with immediate effect.

1.4 Greetix offers three models for creating an event. The "Free" version is free and includes up to 10 guests and the option to download images individually. The "Plus," "Pro," and "Business" versions are paid and allow up to 100 (Plus), 350 (Pro), and 1000 (Business) guests to participate, along with the collective download of all images and files. Access is valid for one event and is paid for with a one-time payment. Access is usable from the moment the event is created on Greetix. Uploads are permanently possible after the event date. Downloading all files is also possible without time limits after the event. All uploaded media will only be deleted by the operator if the user removes the event on greetix.com. Payments are processed through a payment service provider. The general terms and conditions of the payment provider apply.
The costs of ordering a photo book are calculated individually and depend on the quantity of photos ordered.

1.5 If a payment cannot be collected due to insufficient funds or other reasons for which the user is responsible, Greetix is entitled to collect the amount plus any applicable fees, possibly using a collection service.
If payment for a paid offer from Greetix is not made, the user's access will be blocked, although the contract remains in force. The user is not entitled to compensation for missed usage due to the blocking, e.g., in the form of a credit note. Access to the account will only be restored once the outstanding amount plus any applicable fees have been paid.

1.6 A stable internet connection is required to use Greetix. Refunds due to lack of internet connectivity are excluded.

2 Registration and Use

2.1 To use Greetix's offers, the user must register and provide information such as an email address and password. Entering a username is optional.

2.2 By registering, the user agrees to Greetix's General Terms and Conditions and Privacy Policy, which can be viewed at any time on the website www.greetix.com.

2.3 Only users who are fully competent are allowed to use Greetix. Minors may register and use the tool only with prior written consent from their legal guardians, which can be sent via email to support@greetix.com. Greetix explicitly points out that the actions of minors are solely the responsibility of their guardians.

2.4 Users can delete their Greetix account and created "events," along with their contents and files, at any time.

2.5 If an account is inactive for over three years, Greetix is entitled to remove it and thus delete its contents. The user will be informed of this process three months in advance via email. Logging in again is enough to keep the account active.

3 Account Security

3.1 The data provided by the user during registration must be complete and truthful, as long as the collection of this data complies with the General Data Protection Regulation.

3.2 During the registration process, a secure password must be chosen to protect the user's account. It is the user's responsibility to ensure the security and confidentiality of their account by selecting and keeping the password safe. If there is a suspicion that a third party has accessed and misused the Greetix profile, the user must immediately report this to support@greetix.com.

4 User Content and Requirements

4.1 Any content a user wishes to upload to Greetix must comply with these GTCs and must not contain any prohibited content listed in Section 6.

5 Use by Greetix

5.1 All files a user has uploaded to an event at www.greetix.com are in their possession. Greetix does not claim ownership of user content.

5.2 User data will be handled sensitively by Greetix and will not be made accessible or sold to third parties.

5.3 Greetix may only use individual content selected and personally submitted by the user after prior request and explicit written consent. Use may only occur for Greetix's public social media presence. The author of the content has the right to request the deletion of their files from social media channels at any time.

6 Unauthorized Use and Content Requirements

6.1 The use of Greetix is subject to applicable laws and the following conditions. All images and text messages uploaded by users and co-users must comply with these requirements and must not contain prohibited, inappropriate, or illegal content. The user is obliged to use Greetix in compliance with good conduct and the rights of third parties (personality rights, copyrights, intellectual property rights, data protection rights, etc.).

Uploading and disseminating the following are strictly prohibited:

  • content that violates child or youth protection laws by containing pornographic, offensive, abusive, inappropriate, racist, threatening, or otherwise illegal material or in any other way infringes the personal rights and all other rights of third parties;
  • committing or facilitating criminal acts while using Greetix;
  • content that infringes copyright or intellectual property rights by being entirely or partially copied from other protected works without the respective author's consent;
  • using Greetix for advertising purposes;
  • using Greetix to buy or sell products or services or sell or transfer the Greetix account;
  • providing false data and information, or providing third-party data;
  • using the data and information of other users without their explicit consent;
  • attacking Greetix with malware, spyware, viruses, or other harmful means;
  • using or uploading information that, due to its nature (e.g., viruses), size, or duplication (e.g., spam, overloading, or flooding services), could impair the functionality, software, and security systems of Greetix; and
  • other actions aimed at harming Greetix, such as influencing, changing, circumventing, disrupting, or tampering with it.

6.2 If there are specific reasons to suspect a user has violated these GTCs, third-party rights, or legal regulations, Greetix reserves the right to suspend or terminate the account. Further measures, including civil and criminal prosecution, may also be taken.

7 Warranties and User Responsibility

7.1 The user is solely responsible for their Greetix account and its content. They are obliged to use the Greetix tool according to the given requirements (Section 6) and ensure that all content complies with these terms and applicable law.

7.2 The user guarantees that they have the legal capacity to effectively grant Greetix the usage rights.

7.3 Regarding the content of their files and their licensing, the user is solely responsible for all private or public obligations and liabilities.

7.4 The user is obliged to inform the operator of any impairments to Greetix and to report any known unauthorized use by third parties.

8 Indemnification

8.1 The user agrees to indemnify and hold harmless Greetix, its partners, representatives, employees, shareholders, and agents from any claims or demands, and to defend against any kind of loss, liability, demand, litigation, proceedings, expenses, and costs (including attorney and court fees, judgments, fines, and settlement amounts) arising from this website and that third parties may assert against Greetix due to actions or omissions regarding
(a) the user's conduct within the offerings and content,
(b) a breach of warranty and user responsibility according to Section 7, and
(c) a violation of these terms and conditions by the user and the exercise of the rights granted to us by the user according to these terms and conditions.

8.2 If third parties intend to make claims, the user is obliged to provide Greetix with all available information necessary to review the asserted claim and its defense and to provide this information immediately, truthfully, and completely to Greetix.

8.3 This indemnification does not cover third-party claims that arise due to Greetix's failure to promptly remove or block content after being informed that it infringes third-party rights.

9 Liability

9.1 Greetix does not provide any warranties regarding the service and its use and is not obligated to provide its services. Greetix does not guarantee availability, completeness, timeliness, or legality of content and is not liable for it. Greetix is used by the user at their own risk, and the user cannot claim services. The user is not authorized to grant rights.

9.2 Greetix does not take responsibility for any content and does not conduct control or monitoring of content. Greetix does not accept liability for the misconduct or illegal use of Greetix by users and third parties.

9.3 Greetix aims to provide a high-performance and stable service at all times in cooperation with its partners and data centers.
Potential service outages due to maintenance or malfunctions must be considered when using the service and do not constitute a defect in performance. Greetix does not guarantee that the user's website or software is free of viruses or other harmful factors.

9.4 Greetix reserves the right to change, modify, or restrict the features and offerings available on the website at any time. These changes do not constitute a defect in performance.

9.5 Greetix does not accept liability for service and performance failures due to uncontrollable and unforeseeable external events, such as computer viruses, terrorism and war, strikes, power outages, fires, or any other acts of God.

9.6 Greetix does not accept liability for losses or damages to users in connection with (a) their content or (b) the implementation or alleged implementation or the failure to comply with rights or obligations under these terms.

These liability limitations do not apply in cases of losses or damages that

  • are caused by gross negligence or intent by Greetix, its representatives, employees, agents, or authorized representatives; or
  • affect life, body, or health, in case of a warranty for the quality of a product or service, and in case of deliberate fraudulent concealment of defects by Greetix, its representatives, employees, agents, or authorized representatives; or
  • are caused by a breach of a fundamental contractual obligation by Greetix, its representatives, employees, agents, or authorized representatives, which is absolutely essential for proper compliance with the contract and thus endangers the fulfillment of the contract objective.

9.7 The liability limitation by Greetix also applies to the personal liability of Greetix's representatives, employees, agents, and authorized representatives.

10 Data Protection

10.1 Information about how we handle your personal data can be found in our data protection regulations, which you can access at https://www.greetix.com/en/privacy.

11 Cookies
12 Final Provisions

11.1 Greetix has the right to change, update, or expand these general contractual conditions at any time without giving reasons. If this happens, users will be informed of the changed terms and conditions at https://www.greetix.com or via email at least six weeks before they come into force. If the user does not object to the changed terms and conditions within six weeks after receiving the notification, they will be considered accepted. In case of objection, the user's Greetix profile will be deleted simultaneously with the entry into force of the renewed terms and conditions.

11.2 These terms and conditions are exclusively subject to the laws of the Federal Republic of Germany and apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The legal regulations regarding the limitation of choice of law and the application of mandatory provisions, especially of the state in which the user or business customer has their habitual residence, remain unaffected.

11.3 Even in the case of whole or partial legal invalidity of a provision of these conditions, the usage contract remains binding with its remaining conditions. If available, the invalid points will be replaced by legal provisions.