Pidoco. Your wireframing tool.

Standard Terms of Business

of Pidoco GmbH (referred to hereinafter as “Pidoco”)
Commercial Register: HRB 115010 B (Berlin-Charlottenburg Municipal Court)
Represented by Philipp Huy, Blücherstr. 22, 10961 Berlin, Germany
Email:
contact@pidoco.com, Phone +49 30 4881 6385


In case of doubt, the German version of these terms and provisions shall prevail.


1. Description of Services


1. Pidoco operates a Web-based technical system, which enables registered users to create, store and publish interactive software prototypes (also referred to as “projects”) and then give other users an opportunity to edit them, comment on them and navigate them, whereby the user may include his/her own data and content. At his/her own option, except in the case of certain specially marked subscriptions, the user also has the possibility of restricting other users’ and the general public’s access to given areas and to specific information. Pidoco does not publish company data or personal data or make them accessible to any third party without the consent of the user, unless Pidoco is required to do so by law. Pidoco’s offering is not intended for consumers as defined by §13, German Civil Code [BGB]. By accepting these terms and conditions (“Standard Terms of Business”) you as the user warrant that you are not acting as a consumer. Pidoco reserves the right to request appropriate evidence.


2. This service provides a simple way for user interfaces and navigation processes in applications to be modelled, shared and for testers to then verify their usability. To this end the user sends a link to the tester, who is then able to view the prototype and try out and comment on its various functions. The comments made can be saved, retrieved and managed, so that the user can take notes and suggestions into account for improving the product created. This method enables user interfaces and navigation processes to be simulated for establishing the impression they make on testers.


3. The registered user can contact other users and invite them to contribute towards developing the prototype. If the other users agree to do so, then a number of users can work on the same prototype either simultaneously or at different times.


4. Under a special agreement, Pidoco also offers an Enterprise Edition of its service, whereby an individual Pidoco entity is hosted on a separate virtual server and can be adjusted to the customer’s individual requirements. The Enterprise Edition can also be bought as a software solution and installed on one’s own hardware. Details about these special services and the fees charged for them can be obtained from Pidoco’s website and the separate EULA that applies in this context.


5. In addition, Pidoco offers an app for viewing prototypes created using the service on mobile devices, as well as an app called “AppCooker” for creating prototypes on mobile devices. These apps can be separately obtained via the respective app store.



2. Definitions


1. “User” means any individual which has a login (“user account”) for the service. Each user may only maintain one user account.


2. “Tester” means any individual or entity to whom or which the user sends a link with an invitation to view, test and comment on the prototype.


3. “Customer” means any user who uses the service on his own account (i.e. according to Item 4.2 below) and not solely due to an invitation of another user according to Item 4.1.2 below, and owns a customer account. A customer may purchase more than one subscription and may therefore maintain more than one customer account.


4. “Service” means the Web-based software called “Pidoco” which is offered on the platform at https://pidoco.com and any subdomains, and with which user interfaces and navigation processes, especially those of web and software applications, can be modelled, simulated, and tested.


5. “Content” within the meaning of these Standard Terms of Business means all the accessible content and data that a user posts on the platform, including in particular drafts, designs, photographs, videos, texts (including weblogs and commentaries), musical compositions, graphics, sketches and personal data.


6. “Platform” within the meaning of these Standard Terms of Business means the entire system which Pidoco provides for the user at https://pidoco.com and any customer-specific subdomains.


7. “Subscription” means any contract regarding the use of the service within the context of a customer account.



3. Scope of Application


The following Standard Terms of Business apply without exception to all declarations of intent, agreements and acts of contractual or similar nature done by and between Pidoco and the user in reference to the service and the platform. Any contradiction by the user on making reference to his/her own terms of business and/or terms of purchase and/or terms of use is expressly refuted; such terms shall not become an integral part of any agreement unless Pidoco expressly confirms them in writing.



4. Registration, Realisation of a Contract


1. Access to the platform can occur either through individual registration or through invitation to a customer account (cf. Item 5). Users creating accounts or otherwise acting on behalf of a company confirm by issuing respective statements or submitting information that they are authorized to act on behalf of the company:


1.1 In the case where the user registers himself/herself, he/she enters the requested information, including his/her email address on the platform. The user is then sent an email containing a confirmation link, which he/she has to click in order to identify himself/herself. Upon clicking the confirmation link the user is sent to the platform, where he/she can complete the registration. By submitting the complete information to Pidoco the user makes a binding offer to conclude a contract for the use for the service. Pidoco accepts this offer by activating the user, which concludes the contract.


1.2 In the case where the registration occurs upon invitation to a customer account, the inviting user enters the name and email address of the invited user. The invited user is then sent an invitation email containing a confirmation link. The inviting user shall ensure that the invited user has agreed to be invited and to have his/her name and email address entered. Upon clicking the confirmation link the invited user is sent back to the platform, where he/she can complete the registration. By submitting the complete information to Pidoco the user makes a binding offer to conclude a contract for the use for the service. Pidoco accepts this offer by activating the user account, which concludes the contract.


1.3 In the case where the registration occurs via the AppCooker app, the user first enters the requested information, including his/her email address, in the corresponding dialog inside the app. The user is then sent an email containing a confirmation link, which he/she has to click in order to identify himself/herself. Upon clicking the confirmation link the user is sent to the platform, where he/she can complete the registration. By submitting the complete information to Pidoco the user makes a binding offer to conclude a contract for the use for the service. Pidoco accepts this offer by activating the user account (“AppCooker Cloud account”), which concludes the contract.


2. In the case where the user registers himself/herself without having been invited to a customer account, he/she upon activation of the user account automatically receives a customer account and a free plan (unpaid subscription), which enables the user to use the service with certain limitations. The applying limitations can be found on the website.


3. If the user or customer wishes to use the service beyond the limitations of the free plan, he/she chooses a subscription model (“plan”) (e.g. number of editors, number of prototypes, feature set, billing period) and enters his/her payment details. By clicking on the corresponding confirmation button, the user makes a binding offer to conclude the subscription contract. Pidoco accepts this offer by sending a confirmation email to the user, which concludes the subscription contract. At the latest at this time, the user shall obtain a customer account and becomes a customer according to these terms.


4. In its Academic Program, Pidoco offers students and teaching staff at educational facilities (colleges, universities, etc.) an unpaid plan for the service for academic purposes. This is contingent on the user or customer submitting written proof that he/she belongs to the aforementioned group of persons. Further details on the Academic Program can be obtained from Pidoco’s website. At Pidoco’s option non-profit organisations (“NPOs”) can also be granted a discount off the fee on submission of written proof of their status. Further information on this can likewise be obtained from Pidoco’s website.


5. Each user and/or customer is under obligation to provide correct data at all times, and any data required compulsorily or provided voluntarily on registration must be complete. In particular, the user and/or customer is not permitted to enter the data of third parties without their express consent (cf. Item 5). Any person registering an entity, a partnership or an individual or group of individuals warrants moreover that he/she has been authorized to do so by such entity, partnership or individual or group of individuals, and that the contact persons and executive bodies specified in each case agree to their names being provided and that the Data Processing Agreement has been accepted. The user and/or customer shall comply with all applicable data protection laws.



5. User Accounts


1. User accounts are not transferable and not hereditable. As a matter of principle, each user account may only be used by one user. Use of a user account by anybody other than the registered user is excluded. The user is personally and solely responsible for all activities performed with his/her user account.


2. If any change in the data provided occurs subsequent to registration, the user must immediately update his/her user account. Multiple registration under different user names is not permitted.


3. Each user shall use a secure password according the current state of the art and not reuse the password for any other services. Each user must keep secret his/her password and email address (referred to hereinafter as “access data”) and protect same from access by unauthorised third parties. Pidoco must be notified immediately if the user mislays his/her access data, or establishes or suspects that his/her access data is being used by an unauthorised third party.


4. Pidoco reserves the right to turn down any user’s registration without stating the reasons.


5. Pidoco may at its discretion deactivate or permanently delete user accounts that have not been used for at least three months, as well as all corresponding customer accounts including any content, provided that the user does not own any customer accounts with active paid subscriptions. The user will be notified of such a deletion in advance and will have adequate opportunity to reactivate his/her user account by purchasing a subscription or actively using his/her user account. The user is solely responsible for backup of his/her content data. In addition, Pidoco may at its sole discretion and without prior notice deactivate or permanently delete user accounts that have been terminated by Pidoco or by the user, as well as user accounts whose owners cannot be contacted within reasonable time via the contact information provided, or which contain obvious wrong information.



6. Customer Accounts


1. If the user does not already own a customer account or wishes to set up a new customer account, at the time of purchase of a subscription or use of an unpaid subscription, the user will automatically be assigned a customer account, which he/she can use to manage his/her subscription and purchase new subscriptions upon expiration. Each customer account contains only one active subscription at a time. The customer may, however, maintain more than one customer account simultaneously. Customer accounts may be transferred to other users with Pidoco’s prior written consent.


2. The customer can use his/her customer account to invite other users to use the functions of his/her customer account. To do so, the customer enters the names and email addresses of the users he/she wishes to invite on Pidoco’s corresponding website. Then the invited users can register as described in Item 4.1.2, but do not obtain a customer account of their own through this registration. Of course, such users can later still purchase subscriptions and thereby obtain a customer account of their own. Invited users can be appointed as administrators by the customer and will then have wider powers.


3. Names and email addresses of the invited users may only be provided with their consent. It is the customer’s sole responsibility to assure that the invited users have given their consent. Pidoco will use the data provided by the customer solely for the purpose of sending the invitation email and registering the user (cf. Item 4.1.2 above).


4. The customer is aware that each user invited to his/her customer account may use all functions of the customer account, especially create projects which count toward the project limit of the respective plan. The customer is personally and solely responsible for all actions performed via his/her customer account. The customer is also aware that access to content can not only be granted to the users assigned to the customer account and is not automatically granted when a user is added to the customer account or in any other way tied to the customer account, but can instead be independently granted to any person or tester by each user with corresponding access rights. Such access rights (e.g. to edit, view or comment) therefore do not automatically expire upon removal of a user from the customer account, but must be separately revoked, even if the content is in principle assigned to the customer account.



7. Payment


1. The prices apply that are in force on the date of the purchase of the subscription and are given separately both during the purchase and on Pidoco’s website or the respective app store. In addition Pidoco offers various benefits to certain users and/or customers, which can be found on the platform.


2. The customer may select from the modes of payment described on the website. Credit card payments are handled via payment service providers, such as Wirecard. Detailed information on payment and the different means of payment are provided for users on the platform.


3. Unless expressly agreed otherwise with the customer, the agreed fee for use must be paid in advance, whereby the following provisions apply:


3.1 If the customer decides to subscribe to Pidoco’s service on a paid subscription, then a billing period must be chosen, and the agreed fee for each successive billing period must be paid in advance or at the start of the period of a one-time purchase. The shortest possible billing period that can be selected is 1 month. Pidoco reserves the right to block access to the service including all projects if the agreed fee is not credited or not credited in time or not credited in full to Pidoco’s account.


3.2 Pidoco uses the SEPA scheme for direct debits. In case of a direct debit mandate, the agreed fee for the next billing period is collected by Pidoco at the close of the last day of the billing period about to expire. Pidoco will inform the customer via email 14 days or with a shorter mutually agreed notification period prior to the collection. In the event of Pidoco being unable to collect the agreed fee for the next period of use, Pidoco reserves the right to block the customer account and user account until the agreed fee has been credited to Pidoco’s account.


3.3 If the customer opts for the SEPA direct debit procedure or for credit card payment or payment via PayPal, he/she must ensure that the account always shows sufficient coverage. If this is not the case or if Pidoco’s debit transaction fails for any other reason for which the customer is responsible, then the customer must pay chargeback costs of EUR 30.00 for each failed attempt. The customer is free to prove smaller losses; Pidoco reserves the right to prove bigger losses.


4. Invoices are sent by email.


5. Customers, who want to purchase a plan for use with the app AppCooker, can do so directly via the in-app purchase function. In this case, the respective applicable terms for in-app purchases by Apple Inc. shall apply, which can be found in the app store. All claims resulting from the purchase then have to be made vis-à-vis Apple inc.



8. Placing Content on the Platform


1. The user can place all manner of content on the platform using his/her user account. In doing so he/she must not use the available storage space excessively or for purposes unrelated to the purpose of the platform and must not use storage space that he/she does not absolutely require.


2. If the content being provided consists of complete electronic files, they must be uploaded in commonly used formats. Pidoco reserves the right to resort to an external hosting provider to store the user’s data. Pidoco also reserves the right to turn down or delete content supplied in a format not commonly used or which causes technical problems for other reasons.


3. No content may be placed on Pidoco’s platform which involves rights that are safeguarded by GEMA.


4. Pidoco reserves the right to turn down any user’s content. The user has no right to place content on the platform or have it retained there.



9. Rights of Use on Placing Content on the Platform


1. The user always retains all the rights in content posted or created on the platform. Pidoco will not use or disclose to any third party any such content without the consent of the user, unless Pidoco is required to do so by law or competent authority. However, a user placing content on the platform grants Pidoco in perpetuity and without any territorial restriction the non-exclusive transferable right of use to the extent required for running the service. In particular, the user grants Pidoco the right to place the content concerned on the platform and to make any copies that are required for this purpose. Moreover, users to whom the service is made available free of charge in the “Academic Program” grant Pidoco in perpetuity and without any territorial restriction the non-exclusive transferable right to copy and circulate the content, and in particular to also make the content publicly accessible on Pidoco’s websites or other marketing materials for advertising purposes, including the user’s name, logo and/or citations.


2. Each user decides on his/her own responsibility whether to make the content he/she has placed on the platform accessible to other users or testers, and whether to permit downloading. Each user also decides individually on the extent to which other users and testers are granted rights, permitting them to enable public accessibility or make copies, or for other purposes.



10. Inadmissible Content


1. The user undertakes vis-à-vis Pidoco not to place any illegal content on the platform.


2. In particular, the user shall not use the platform for inserting, supplying, offering, advertising or providing access to any content (in particular musical compositions, videos, photographs or texts), which constitutes an offence under the Criminal Code [Strafgesetzbuch], the Controlled Substances Act [Betäubungsmittelgesetz], drug law [Arzneimittelgesetz] or gun control laws [Waffengesetz], and/or:


(a) which constitutes propaganda within the meaning of the Criminal Code, Sect. 86, or violates the constitutional system of freedom and democracy, or undermines the concept of international understanding;


(b) which uses the symbols of unconstitutional organisations within the meaning of the Criminal Code, Sect. 86 a;


(c) which incites hatred towards sections of society or towards any group distinguished by its nationality, race, religion or traditions; which encourages using force or taking arbitrary measures against such groups; or which impugns on others’ human dignity by making sections of society or any of the aforementioned groups the subject of insults, malicious contempt or slander;


(d) which in a manner suited to disrupt public law and order denies or belittles any act committed under National Socialist rule within the meaning of the Code of Crimes Breaching International Law [Völkerstrafgesetzbuch], Sect. 6 (1) and Sect. 7 (1);


(e) which portrays brutality and inhuman cruelty towards persons, thereby glorifying or belittling violence, or depicts the brutality and inhuman cruelty of such acts in a manner infringing human dignity; this also applies to virtual depictions;


(f) which serves as guidance for committing any of the illegal acts specified in the Criminal Code, Sect. 126 (1);


(g) which glorifies war;


(h) which infringes human dignity, in particular by portraying persons dying or who are or have been exposed to great physical pain or mental suffering, whereby a real incident is shown although no legitimate interest in such presentation or reporting exists (whether or not consent has been given is of no significance);


(i) which depicts minors in unnatural sexually suggestive poses; this also applies to virtual depictions;


(j) which is pornographic and involves violence, child sexual abuse, or humans performing sexual acts with animals; this also applies to virtual depictions; or


(k) which is included in Parts B and D of the list pursuant to the Young People’s Protection Act [Jugendschutzgesetz], Sect. 18, or has the same or similar content as any work included in said list (absolute ban within the meaning of the Treaty on the Protection of Minors in Broadcasting & Telemedia [Jugendmedienschutzstaatsvertrag], Sect. 4 (1).


3. Moreover, the user shall not insert, supply or offer any content on the platform:


(a) which otherwise constitutes pornography;


(b) which is included in Parts A and C of the list pursuant to the Young People’s Protection Act, Sect. 18, or has the same or similar content as any work included in said list;


(c) which is evidently apt to jeopardise the development of children and young people into responsible and acceptable members of the community, taking into account the particular influence of the medium used for distribution (relative ban within the meaning of the Treaty on the Protection of Minors in Broadcasting & Telemedia, Sect. 4 (2).


4. The user must specifically notify Pidoco about any content that may jeopardise the development of children and young people into responsible and acceptable members of the community, in particular content which under the Young People’s Protection Act is not rated suitable for minors in the respective age group, or is similar to products not rated suitable for minors in the respective age group under said statute (products detrimental to development within the meaning of the Treaty on the Protection of Minors in Broadcasting & Telemedia, Sect. 5 (1) and (2).


5. Moreover, all content is illegal


  • which is of a libellous or discrediting nature;

  • which constitutes an invasion of privacy or an infringement of other personal rights;

  • which constitutes an infringement of copyright, ancillary copyright or the right to a name;

  • which may be contested or prosecuted under civil or criminal law.


6. Users are likewise prohibited from inserting, offering, advertising and/or organising chain mails, pyramid schemes, contests, lotteries, bets or other inadmissible games of chance within the meaning of the Criminal Code, Sect. 284 and Sect. 287.


7. Users are moreover prohibited from placing hyperlinks to third-party services in their simulations, if the content of the linked pages falls into any of the categories listed above.


8. Content breaking the above rules and any other offensive content can be reported to Pidoco by users directly, using procedure specially provided for the purpose.



11. Code of Conduct (handling other users’ data, non-disclosure, harassment,
data mining, viruses, etc.)


1. Users may not disclose another user’s personal data to the public or to other platform users, if the user concerned has specified that his/her personal data is not to be made visible to anybody or only to certain users.


2. Messages sent via the platform by one user to another may only be made accessible to third parties by the recipient with the consent of the party originally sending the message. Links, passwords, codes, serial numbers and similar data may not be published or exchanged on the platform.


3. At the user’s request, Pidoco will enable other users to give their views and comments on the respective simulation. However, each user is expected to observe a minimum degree of respect and courtesy: the principle of fair play applies on the platform just as in real life.


4. Users may not apply any methods which – for the purpose of obtaining information either manually or automatically – extract, store, process, alter, pass on or otherwise misuse the data on the platform.


5. Viruses, Trojans, and any scripts, programmes or codes causing similar damage must not be introduced to the platform. The same applies to denial-of-service attacks or similar interference with the platform and/or individual simulations (e.g. hacking).



12. Pidoco’s Trademarks & Other Protective Rights


1. The name Pidoco is protected under trademark law.


2. The user acknowledges that Pidoco has sole title to all and any rights in Pidoco’s service and label, including trademarks, patents, copyrights and licenses, and to all other rights and equivalent entitlements in relation to the user. In particular, the user is not granted any rights of use whatsoever in the Pidoco software. The user is thus prohibited in particular from copying, adapting or publishing the Pidoco software, from detecting the source code for the software, from selling or assigning the software, from granting any sub-licenses in the software, and from transferring any rights whatsoever in the software.



13. User’s Warranty


1. The user warrants and represents to Pidoco that he/she is able and entitled to assign the rights to the necessary extent, but at least to the extent specified in Item 10.1.


2. The user warrants and represents moreover that he/she shall not place any content on the platform which interferes with third-party rights or breaches Item 11 of these Standard Terms of Business. The user must verify whether content interferes with third-party rights if there is anything to suggest that this may be the case, e.g. in particular:


  • if works protected by copyright are used (even when alienated), which have not been created by the user him-/herself, such as e.g. videos, photographs, graphics or texts, or if a video for instance contains music composed by third parties; sketches giving directions, extracts from city maps and road maps and suchlike are also generally protected under copyright law;

  • if videos contain performances or extracts that are protected by copyright or ancillary copyright, such as e.g. recordings of concert, theatre or circus performances, etc., or make use of any other works or extracts that are protected under ancillary copyright, such as e.g. television broadcasts or programme presentations and summaries;

  • if third parties have contributed towards making the content in such a manner that they may have acquired ancillary copyrights, e.g. for recording, direction, cut, sound, camera, etc.;

  • if the content involves personal particulars or other sensitive information about individuals or groups, unless the user has been granted the necessary approvals and/or rights of use;

  • if third parties are depicted on photographs and videos in such a manner that the viewer perceives them as having more than background significance for the picture or video, unless the user has obtained express approval in each case.


3. In the event of the user entering content from external sources on the platform or references such content via link, he/she warrants and represents that he/she is able and entitled to do so and that no intellectual property rights will be violated if screenshots of such contents are created, for example when using the download or export functions of the service.



14. User’s Liability


1. The user is solely responsible for obtaining all the rights of use, as well as for all the contributions and all the content he/she places on the platform. If a third party acquires knowledge of an alleged infringement of rights and issues well-founded written notification to this effect, Pidoco reserves the right to block the content concerned. Pidoco shall then give the user an opportunity to comment within a reasonable period on the infringement of rights being claimed. If the user fails to comment, or if the comments fail to eliminate reasonable doubts as to the legality of the content posted on the platform, Pidoco reserves the right to delete the content concerned.


2. In the event of third parties asserting claims on Pidoco because the user or other users or testers authorised by the user have culpably breached their obligations regarding this agreement, the user shall release and discharge Pidoco from all and any liability and costs, including reasonable costs for legal proceedings (up to the statutory fees). Pidoco shall immediately notify the user about any claims brought against it, and insofar as is legally required and/or possible it shall give the user an opportunity to ward off the claim being asserted.


3. The same applies to any claims asserted by third parties if the subject-matter of the content posted on the platform – irrespective of its authorship – culpably infringes rights held by any third party, in particular exploitation rights or droit moral under copyright law, or culpably breaches other statutory regulations (such as e.g. prohibitions under fair trading law).



15. Pidoco’s Guarantee

Pidoco does not assume any guarantee as regards the results which may be achieved by using its service, or regarding the accuracy and reliability of any information obtainable through the service. In all other respects, Pidoco’s guarantee obligations are governed by law.



16. Maintenance Slots, Service Availability


1. Pidoco always offers the latest version of its software. This means that at regular intervals its service has to be interrupted for maintenance work, for which Pidoco plans slots lasting for up to twelve hours. Pidoco endeavours to do maintenance work at times when only few users are logged in, in particular at weekends. Pidoco informs users about work it is intending to do on the software at least 3 days before the planned maintenance slot.


2. Annual average availability of the service excluding the time periods required for maintenance work relating to updates, upgrades, new releases and/or other modifications (cf. also Item 15.1) will be at least 99%. If Pidoco does not meet this availability Pidoco will deduct from the next invoice the amount paid for the service that corresponds to the period during which the service was unavailable. Where a deduction is not possible, the customer will be reimbursed in an appropriate way.


3. Pidoco hereby advises the user that the service may be limited or impaired due to other reasons that lie beyond Pidoco’s sphere of influence. This includes without limitation especially acts by third parties not acting on behalf of Pidoco, technical conditions of the Internet not influenced by Pidoco and force majeure. In addition, the software and hardware or the technical infrastructure employed by the user may influence Pidoco’s service. Insofar as such circumstances influence the availability and functionality of Pidoco’s service, the service shall still be considered delivered as agreed.


4. The user shall notify Pidoco of any functional failure, disruption or impairment without delay and including as much detail as possible. If the user fails to cooperate according to Item 15.4, § 536 c, German Civil Code [BGB] shall apply correspondingly.



17. Pidoco’s Liability


1. Pidoco shall be liable to pay damages to the user or compensate the user for wasted expenditure made under this agreement only in the following cases according to statutory law: (i) If Pidoco, its legal representatives or its agents or auxiliaries have acted willfully or grossly negligently; (ii) where Pidoco has issued a guarantee regarding the characteristics of the service performed under this agreement, to the extent agreed under said guarantee; (iii) in cases of culpable breaches of essential contractual obligations; (iv) in cases of culpable injury to life, limb or health; and/or (v) if and insofar as Pidoco is subject to a mandatory liability under the German Product Liability Act [Produkthaftungsgesetz].


2. Essential contractual obligations are obligations having to be performed in order to attain the contractual purpose in the first place, and which the contracting party may therefore ordinarily rely on being performed, and whose breach in return would jeopardize the attainment of the contractual purpose.


3. If Pidoco breaches any essential contractual obligations, Pidoco’s liability for damage – insofar as it was caused only by minor negligence and does not concern life, limb or health – shall be limited to damages that are typical or foreseeable for the type of services performed under this agreement.


4. Neither Pidoco nor Pidoco’s vicarious agent or clerk shall be liable for damage for any other reason – regardless of the cause in law.


5. If any damage sustained by the user is a result of loss of data Pidoco shall not be held liable insofar as the damage would have been avoided if the user had saved all the relevant data at regular intervals and at a frequency adequate in regard of the value of the data concerned.



18. Breaches of the Standard Terms of Business


If a user breaches these Standard Terms of Business, Pidoco shall be entitled to issue a warning and/or to either temporarily or permanently block the user’s account in order to enforce compliance. Warnings are issued in writing, and the user is notified in writing about any blocking of his/her account. In addition, extraordinary notice terminating contractual use may be issued (see Item 20.2).



19. Term & Termination


1. Without stating reasons both the customer and Pidoco may each terminate the contract for use of the service at any time, with effect as from the end of any active subscriptions of the customer, in the case of invited users with immediate effect, by issuing routine notice to the other. Notice of termination shall include the user’s name and his/her email address and shall be issued in writing to Pidoco GmbH, Blücherstr. 22, 10961 Berlin, Germany or by email to service@pidoco.com or in the case of Pidoco by email to the email address the user has entered in his user account. Upon termination Pidoco will irrevocably delete the user account and all corresponding customer accounts including any content.


2. Where the user has purchased any subscriptions the corresponding subscription contract runs initially for the chosen billing period (“initial period”) from the time of creation of the customer account or the purchase. The subscription is automatically extended by an additional billing period (“renewal period”) each time, unless one of the parties has issued routine notice at the latest before the end of the initial period or the respective renewal period. Pidoco provides a corresponding option for issuing routine notice on the platform. Upon the notice becoming effective, the customer account will automatically be downgraded to the unpaid subscription. In the case of a paid subscription expiring, the customer account will automatically be downgraded to the unpaid subscription, as long as it is not terminated.


3. The right to give extraordinary notice remains unaffected by the above. Pidoco may issue extraordinary notice in the event of a breach of these Standard Terms of Business and in particular of the obligations stipulated in Item 8 and Item 9 hereunder; in the event of a breach of the obligation to correctly state the required data (in particular identity fraud); and for important cause, in particular if access data is lost or if it is suspected that access data is being used by an unauthorised third party. Pidoco may give notice by deleting the user account concerned and any content in it without further notice.


4. If Pidoco blocks a user account or gives notice for important cause, the user concerned is prohibited from re-registering on the platform and opening a new user account until Pidoco has given its express prior consent.



20. Data Protection


Pidoco attaches the greatest importance to compliance with regulations under data protection law and to the protection of the user’s personal data. Pidoco’s data protection policy complies with the EU General Data Protection Regulation (GDPR) and the German data protection laws. Details on how the user’s data is handled are provided in our Privacy Policy.



21. Newsletter


If the user has registered for our Newsletter, Pidoco regularly sends emails to the address the user has provided, containing news about all the services and features Pidoco offers. The Newsletter is an editorial publication and can be cancelled at any time by sending an email to service@pidoco.com or by using the respective unsubscribe mechanism. Attention is drawn to this in every single Newsletter.



22. Amendments to the Standard Terms of Business


1. Pidoco reserves the right to amend these Standard Terms of Business at any time without stating reasons. Users will receive the amended Standard Terms of Business in an appropriate way, usually by email. The amended St2ndard Terms of Business shall be deemed agreed unless the user objects to their taking effect within 14 days from such notice. The objection must be issued in text form, i.e. at least by email. The user will severally be notified of his/her right to object, the respite and the consequences of his/her failure to act at the time of transmission of the amended Standard Terms of Business.


2. Alternatively, Pidoco may present the amended Standard Terms of Business to the user at the time of his/her next use of the service. By accepting the amended Standard Terms of Business at the time of his/her next use of the service the user agrees to the amended Standard Terms of Business. The amended Standard Terms of Business shall be deemed agreed unless the user objects to their taking effect within six weeks from the time they are first presented to him/her. The objection must be issued in text form, i.e. at least by email. Pidoco will severally notify the user of his/her right to object, the respite and the consequences of his/her failure to act at the time of presentation of the amended Standard Terms of Business.


3. In the event of the user making use of his/her right to object and objecting to the amendments, both Pidoco and the user shall have the right to terminate the contract of use with immediate effect by giving routine notice. Active subscriptions will continue on the basis of the old terms and conditions until the end of the current billing period in this case. In the event of a termination of the contract of use by the user Pidoco will irrevocably delete the user account and all corresponding customer accounts including any content upon expiration of the last active subscription.



23. Final Provisions


1. If the user is a registered merchant within the meaning of the Commercial Code [Handelsgesetzbuch], a public corporation or a government agency managing public assets, Berlin shall be venue for all and any legal disputes arising directly or indirectly from the contractual relationship between Pidoco and the user.


2. The contractual relationship between Pidoco and the user and these Standard Terms of Business shall exclusively be governed by German law, excluding German regulations on conflict of laws.


3. The contract can be concluded in German or in English. If any conflict emerges between the German and the English version, the German version shall be exclusively authoritative. Other than the information which the user is sent with the confirmation of registration and with the invoice (cf. Item 7.4.), the wording of the contract is not stored by Pidoco subsequent to contract closure and is not accessible via the Internet. However, Pidoco’s Standard Terms of Business are also available on its website and can be downloaded and printed out at any time.




Revised May 14, 2019