Terms of Service

Thanks for using our products and services ("Product" or "Service"). The Service is provided by Recall Space GmbH ("Recall Space", "we", "us", or "our"), located at Business Center Q7 at Q7, 24 in 68161 Mannheim, Germany. By using our Service, you agree to these Terms of Service. Please read them carefully.

Description of the Service

Recall Space provides you with access to Lisa - our AI-based material planner, which you can access via a web interface. You also understand that the Service may contain certain communications from Recall Space, such as service announcements and administrative messages related to the provision of the Service. Unless explicitly stated otherwise, any new features or tools released by us in connection with the Service shall be subject to this Agreement. The Service is an online product that requires access via an Internet or other network connection. You are responsible for obtaining the necessary Internet or network connection to access the Recall Space Service and you are responsible for any related third party fees (e.g., Internet service provider or airtime charges) for connecting to the Service. In addition, you are responsible for obtaining and maintaining any equipment necessary to connect to the Service. The quality of the Service you experience may depend on your connectivity and equipment. Recall Space will not be liable for any claims or losses arising from your connectivity and equipment.

Registration and Use of the Service

As a registered user of the Recall Space Service, you represent that you are of legal age and can form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Recall Space has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Recall Space has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service, you represent and warrant that you have all relevant rights and consents (including all intellectual property rights) to the information you provide as part of your use of the Service. In order to provide the Services to you, you grant Recall Space all necessary consents and rights through this license, which is worldwide, non-exclusive, and royalty-free. You assume sole liability for such information and for providing it to Recall Space. You may not use the Service to build a similar or competitive product.

No Resale or Redistribution of the Service

Except as expressly authorized by Recall Space, you agree not to reproduce, duplicate, copy, sell, trade, resell, facilitate access to, transfer, assign, modify, create derivative works or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or the computer code that operates the Service. You are responsible for all use of the Service through your account. You are responsible for maintaining the confidentiality of your online account login information.

Intellectual Property

By using our Service, you do not acquire any intellectual property rights in our Service or the content you access. All materials and all intellectual property rights related to the Services provided therein (including all underlying technology, modifications and work products created therewith or resulting from it) remain the property of Recall Space and nothing constitutes a transfer of such rights. For the avoidance of doubt, no rights other than access to the Services are granted.

Account Access

You must provide your valid email address and any other information requested to complete the registration process. Registration of an account must be completed by a human. Accounts registered by "bots" or other automated methods are not permitted. Your login may only be used by a single user. A single login used by multiple users is not permitted. We reserve the right to terminate or suspend your access to the Service if we detect any suspicious activity in your account that indicates that you have intentionally and/or knowingly shared your login information with another user. You are responsible for maintaining the security of your account and password. Recall Space cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

Service and Marketing Notifications

By registering an account with Recall Space, you give us permission to send email notifications to the email address you provided during registration. These email notifications may include: updates to Recall Space products, tips and how-tos on how to use Recall Space tools, and system messages. You also have the option to subscribe to promotional offers and weekly updates from Recall Space, but this is not a requirement to complete the registration process. Please note that you can unsubscribe from these optional emails at any time by using the "unsubscribe" link at the bottom of any email we send you. We may send messages or emails through our own mailing service or through a third party service.

Unauthorized Uses

You may not modify, adapt or hack the Service or modify any other website in such a way as to falsely imply that it is associated with the Service or Recall Space. You may not reverse engineer the object code or reuse any source code provided in connection with the Service, including any JavaScript. Doing so may constitute a violation of Recall Space's intellectual property rights. You may not transmit worms or viruses or any other code of a destructive or malicious nature. You agree not to modify any code provided in connection with the Service in any way or use modified versions of such code, including without limitation to gain unauthorized access to the Service. You agree not to access the Service only through the interface provided by Recall Space for accessing the Service and not to interfere with or disrupt the integrity, security, functionality or performance of the Service or any of its components. Any unnatural means or unlawful attempts to access our Service, website, server or database, including automated tools such as scrapers or bots, are prohibited. We have the right to terminate, suspend and/or block your access if we determine that your use of or access to our Service violates our Terms and Conditions. Subject to the other restrictions set forth herein, you may only use automated tools to access our Service through the application program interfaces (APIs) we provide.

IP Address Blocking

To protect the integrity of the Service, Recall Space reserves the right to block registrants and subscribers from certain IP addresses from accessing the Service at any time in its sole discretion. If you believe that your IP address has been blocked in error, you may contact us at info@recall.space.

Taxes and Fees

We display all prices and fees for our Service exclusive of taxes and fees. Where applicable and in accordance with applicable law, taxes and fees will be included on the invoices we issue. Recall Space will, in its sole discretion, calculate the amount of taxes and fees due. We may change the amounts due without prior notice. If you are exempt from taxes and fees, you must provide us with all appropriate tax exemption certificates or other documentation satisfactory to the relevant taxing authorities evidencing such exempt status. Recall Space reserves the right to review and confirm tax exemption documentation. If tax exemption documentation is not provided or is found to be invalid, we reserve the right to invoice you for the applicable taxes and fees. You are solely responsible for all applicable taxes and fees. If you pay us for our Service, all payments are made free and clear and without deduction or withholding of taxes and fees as required by applicable law. If such deductions or withholding taxes and fees (including domestic or cross-border withholding taxes) are required for a payment, you will pay the necessary additional amounts so that the net amount received by us is the amount then due and payable for use of our Service, including your subscription plan and any additional fees.
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We will provide you with the tax forms you may reasonably request to reduce or eliminate the amount of taxes withheld or deducted with respect to payments for use of our Service. If you are required to pay taxes and fees to tax authorities instead of Recall Space through the reverse charge mechanism or a similar mechanism, you will provide us with all reasonable evidence to enable us to demonstrate your business character. Such evidence may be a valid VAT number or similar information. We reserve the right to verify and validate your VAT number or other comparable information you provide to us. If the VAT number or similar information is found to be invalid, we reserve the right to charge you the appropriate VAT. For the avoidance of doubt, if you owe VAT to any taxing authority through reverse charge or other similar mechanisms, you will be solely responsible for paying such amounts to the relevant taxing authority so that we receive the full amount of payment due to us for your use of our Service.

Refund Policy

Unless required by law, Recall Space is under no obligation to provide you with a refund at any time or for any reason.

Termination of Service by Recall Space

In addition to the above, Recall Space reserves the right to unilaterally terminate the Service in the following circumstances: you violate any of these Terms and Conditions; we detect unusual usage patterns or improper uses in relation to the Service; you attempt to damage or impair our reputation, work or Service; You become the subject of a bankruptcy petition or other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.

Termination of the Service by the User

Unless otherwise stated or agreed in writing, all contracts are automatically renewed at the end of the original term. Users can terminate in writing no later than five days before the renewal, e.g. via info@recall.space or by post.
Collection and use of data

You acknowledge and agree that Recall Space may anonymize and aggregate any data you provide to the Service and use this data without identifying you to improve the Service.

Changes to the Service

We are constantly changing and improving the Service. We may add or remove functionality or features, and we may suspend or discontinue the Service entirely. Recall Space may also stop providing the Service to you or add or create new restrictions to our Service at any time. You agree that Recall Space cannot be held liable to you or to any third party for any changes, suspensions or discontinuance of the Service. Recall Space reserves the right to add to and modify any subscription plan and/or adjust the pricing of the Service or its components in any manner and at any time that Recall Space determines in its sole and absolute discretion.

Links

The Service may contain links to other Internet sites ("websites" or "sites") or resources. Because Recall Space has no control over such sites or resources, you acknowledge and agree that Recall Space is not responsible for the availability of such external sites or resources, does not endorse such sites/resources, and is not responsible or liable for any content, advertising, or other materials on or available from such sites or resources. You further acknowledge and agree that Recall Space is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by use of or reliance on any such content, goods or services available on or through such sites or resources.

Indemnification

You will indemnify Recall Space and their respective directors, officers, employees, and agents against any and all claims, demands, actions, judgments, obligations, liabilities, costs, expenses, damages and losses arising out of or resulting from (a) any breach of any of these Terms and Conditions by you, (b) any infringement or alleged infringement of any intellectual property rights resulting directly or indirectly from your acts or omissions, and/or (c) any violation by you of any applicable laws.

Liability for our Service

The Service and all information contained therein is provided "as is" and "as available" without warranty of any kind. Recall Space does not warrant that the service (including any products or data) will meet your requirements, be secure, timely, accurate, error-free, virus-free, uninterrupted, comply with applicable laws, or that Recall Space will correct any errors. To the fullest extent permitted by law, Recall Space expressly disclaims all warranties of any kind, whether express or implied, past or present, statutory or otherwise arising by law or by course of trade, and Recall Space expressly disclaims all implied warranties, including any express or implied warranties of merchantability, fitness for a particular purpose, title and/or non-infringement. To the fullest extent permitted by law, Recall Space is not responsible for lost profits or revenues, loss of use of products or services, loss of business opportunities, loss of reputation and/or contracts, downtime costs, increased operating costs, loss or corruption of data, financial loss, or any direct, indirect, incidental, special, consequential, exemplary or punitive damages or damages of any kind. To the extent permitted by law, Recall Space's total liability for any claim under these terms and conditions, including any implied warranties, will be limited to the amount you paid for use of the service in the 12 months prior to the claim being made (or if we choose to re-supply the service to you). To the extent permitted by law, Recall Space will not be liable for any loss or damage that is not reasonably foreseeable. Recall Space will not be liable for any delay in performance or failure to perform due to any cause beyond Recall Space's reasonable control.

Compliance

You represent and warrant that you will at all times comply with all applicable laws (including all applicable sanctions and export control regulations) in relation to all activities conducted hereunder and your use of the Services.

Contacting Recall Space

Recall Space can be contacted via email at info@recall.space. By contacting Recall Space, you grant Recall Space the right to use any ideas, information, designs or other materials contained in any communication, unless you have clearly reserved such rights in writing. Any comments or feedback you provide to Recall Space may be edited by Recall Space without any obligation to you. All parties acknowledge that email is not a secure, guaranteed medium of communication. Emails should not be considered received by Recall Space unless you receive a manually crafted response. You should be aware that communications from Recall Space via email are not legally binding unless expressly stated.

About these Terms and Conditions

We may change these Terms and Conditions or any additional terms and conditions that apply to the Service, for example due to changes in the law or changes to our Service. You should check the online version of our Terms and Conditions periodically. We will post changes to these Terms and Conditions on this page. Changes will not be retroactive and will take effect no sooner than seven days after they are posted. However, changes that relate to new features of the Service or are made for legal reasons are effective immediately. If you do not agree to the modified Terms and Conditions of the Service, you should stop using our Service. Recall Space and you are governed by these Terms and Conditions in their relationship to each other. If you fail to comply with these Terms and Conditions and we do not take action, this will not constitute a waiver of our rights, powers, remedies or of requiring compliance with these Terms and Conditions. These Terms and Conditions and all matters based on, arising out of or in any way connected with these Terms and Conditions and the interpretation, construction, performance and enforcement of these Terms and Conditions shall be governed by the laws of Germany and you submit to the jurisdiction of the courts of Germany for the purposes of any suit, action or other proceeding. The courts have the seat of Mannheim.