Qreuz Terms of Service

Last updated: February 26th, 2020

1. Basic Provisions

1.1. The following are the provisions of the Terms of Service of the Qreuz GmbH (as identified in Clause 3 of these Terms of Service, and referenced hereinafter as “Qreuz”, “we”, or “us”). These Terms of Service are applicable to the use of the online software-as-a-service (SaaS) and related services and products provided by Qreuz through the website qreuz.com, through mobile applications, and through application programming interfaces (APIs) (collectively referred to as the “Service”). By the conclusion of a contract as defined in Clause 4.1 below, you are agreeing to be bound by all terms, conditions, and notices contained or referenced in the Terms of Service shown below. Unless otherwise stipulated by specific Agreement, the inclusion, if necessary, of your own conditions is expressly ruled out.

1.2. User of the Qreuz Services. Qreuz provides its Services to entities acting as Consumers or Businessmen. A “Consumer” in the sense of the following regulations is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term “Businessman” refers to any natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuit of her/his/its independent professional or commercial activity.

1.3. The Parties. This contract is concluded between Qreuz as the provider (as identified in Clause 3) and the person or entity placing an order or registering a User Account on the Service (referred to hereinafter as “User” or “you”) regarding the use of the Service.

2. Definitions

Account Credentials: The specific part of User’s Account Data which is necessary for authentication by the Service. This includes your email address and your password that you have set when you registered for the Service, and also any access tokens (the “Toqens”) and/or other API credentials that are needed for authentication of requests to the Service.

Account Data: The entirety of the data that is being stored in your User Account. This contains any of the applicable User Data, Account Credentials, Mandatory Account Data, or any other personal data that you store in the profile section of your User Account.

Agreement: The complete effective contract between Qreuz as the provider and you as the User of the Service, governing your use of the Service; The Agreement includes all of the effective contract’s individual elements, including, but not limited to, these Terms of Service, any order forms (if applicable), the Data Processing Agreement (if applicable), and the Subscription Terms (if applicable).

Documentation: the documentation for the Service which can be found at https://qreuz.com/documentation

Free Tier: at the Service Plan “Free Tier”, the Service is provided to you free of charge. This Service Plan level includes reduced functionality as specified in its respective Service Specification.

GDPR: means EU General Data Protection Regulation 2016/679.

Interruption: collectively, all interruptions in Service provisioning, technical bugs, and other deficiencies in services of the Qreuz Service.

Service Fee: the applicable recurring fee assessed by Qreuz as remuneration for providing a License for you to use the Service. If your chosen Service Plan is a paid Subscription, then the applicable Service Fee is your Subscription’s price per Subscription Period.

Service Plan: Qreuz offers several different levels of Service (“Service Plans”). Qreuz offers a Service Plan free of charge (the “Free Tier”) as well as paid Service Plans (the “Subscriptions”). Each Service Plan comes with certain designated technical specifications, support level, service availability, and/or other partaicular features.

Service Specifications: the specific features of the Service. The Service Specifications include, but are not limited to, the Service’s availability and provisioning conditions, warranties and liabilities, support levels, and/or Service Fees and Subscription Periods. In the case of Subscriptions, the Service Specifications have been specified in the respective order quote that you agreed upon when you ordered your currently active Subscription. You can find the Service Specifications of your effective Service Plan in your User Account at https://qreuz.com/account/plan

Subscription Customer: you, the User, in the case of an active Subscription.

Subscription Period: in the case of an active paid Subscription, the period of time that the Subscription lasts, or the period of time allowed for its renewal.

Subscription Term: the addendum to the Agreement that you conclude with Qreuz when purchasing a Subscription.

Subscription Termination: the termination of the Subscription portion of the Agreement (termination of the Subscription Term).

Terms of Service: This document, the current version of the Qreuz Terms of Service.

Third-Party Platform: any service, platform, tool, application, or any other kind of software that is neither owned nor operated by Qreuz or you.

Uptime: the calculated percentage of time that the Service is available each month.

User: you, the user of the Qreuz Service. This includes users of the Free Tier, and users who are Subscription Customers.

User Account: your account on the Service as available on https://qreuz.com/account. Logging into your User Account may be required to access any content herein referenced under your User Account.

User Account Closure: the event of closing a User Account on the Service.

User Data: the data that you transmit to the Service. This includes, but is not limited to, web-tracking data, app-tracking data, tracked behavioral user data, marketing data, product data, e-commerce performance data, and/or end-consumer data.

3. Provider Identity

Qreuz GmbH
Akazienstraße 3A
10823 Berlin

VAT ID: DE321065467
Managing director: Matthias Reinholz
Registration no.: HRB 201679 B
Registration court: Amtsgericht Charlottenburg

Phone: +49 30 39 72 97 44
Email: hello@qreuz.com

Alternative Dispute Resolution. The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.

4. Conclusion and Duration of the Contract

4.1. Conclusion of the Contract. Unless expressly stipulated by specific Agreement, these Terms of Service are applicable to the contract you conclude with Qreuz as the provider by your registration on Qreuz’s Service, respectively, by entering your email address and a password and then clicking the “Register Account” button on the corresponding service registration form. When doing so, you can, by a clearly visible hyperlink, take note of these Terms of Service, and you will receive an email, to which these Terms of Service will be attached in text form, confirming your successful registration on the Service.

4.2. Effective Date. These Terms of Service become effective immediately after the conclusion of a contract with Qreuz as defined in Clause 4.1 (the “Effective Date”).

4.3. Contract Duration. Qreuz will start providing the Service immediately after the conclusion of the contract. The contract will remain in effect for an indefinite period of time, unless otherwise noted herein.

5. Subject-Matter of the Contract

5.1. Subject matter of the Contract. The subject matter of these Terms of Service constitutes your temporary license (the “License”) to use the marketing management and automation service made available through Qreuz’s website https://qreuz.com, through mobile applications, and through APIs (collectively the “Service”), which is owned and operated by Qreuz.
Specific scope of functionality, configuration, intended purpose, and usage conditions of the Service are defined by the Service Specification of your chosen Service Plan and, complementary, from the corresponding Documentation.

5.2. Provision of Service. From the point in time when your License becomes effective, Qreuz will make the Service available on its own server infrastructure, or on the server infrastructure of its subcontractors, in the Service’s respective current version to be used by you under the conditions of these Terms of Service.

5.3. Paid Subscriptions. Besides the free access to its Service (the “Free Tier”), Qreuz offers paid Subscriptions (paid subscription contracts in the form of a continuing obligation). You may purchase paid Subscriptions from your User Account, and/or otherwise by way of order forms which Qreuz may provide through the Service.

5.4. Scope of the Contract. Any services or products exceeding the Scope of Use and Service Specifications as specified in Clauses 6.1 and 6.2 (including, but not limited to, any individual software development or the individual adjustment of the Service for you) will require a separate contract.

5.5. Modifications to the Service. Qreuz may provide updated versions of the Service. Qreuz will inform you about updated versions and corresponding instructions for use through electronic communication. Qreuz reserves the sole right to decide the specifications, and the particular timing and sequence, of modifications to the Service. You are not entitled to modifications that add additional functionality to the Service. If Qreuz adds additional functionality to the Service, your access to any new features may be conditional upon the modification of your Agreement, particularly with respect to the modification of Qreuz’s remuneration.

6. License Details

6.1. Scope of Use. Qreuz grants you a limited, non-transferable, non-sublicensable, revocable license to access the Service over the internet, and to use the functionality provided by the Service using a browser or another appropriate application (the “Scope of Use”).
The Service is being provided by Qreuz through a software-as-a-service (SaaS) model, and it may only be used by you individually or through an authorized entity. You are not granted any rights beyond the preceding Scope of Use; specifically, you are not granted any rights to the software, the source code, any servers or other equipment, or the infrastructure through which Qreuz provides the Service.

6.2. Service Specifications. You were informed of the applicable specifications of the Service (the “Service Specifications”) before the commencement of the contract on the applicable order quote, or (if applicable) the service registration form. After the commencement of the contract, you can see the applicable Service Specifications in your User Account at https://qreuz.com/account/service-plan.

6.3. Service Ownership. All visual interfaces, information, source code, software, patents, copyrights, designs, and all other elements of the Service (collectively, the “Materials”) are the intellectual property of Qreuz or our third-party licensors. No ownership rights are being conveyed to you under the Agreement. Furthermore, you are not allowed to create, modify, duplicate, or create derivative works from any part of the Service. You are not allowed to reproduce, distribute, or sell the Service, in whole or in part.

6.4. License Remuneration. Qreuz’s remuneration for providing a License to access the Service within the Scope of Use is compensated by the corresponding Service Fee under the applicable Service Plan. If the applicable Service Plan is the Free Tier, Qreuz provides this license free of charge and no Service Fee applies.

6.5. Consequences of Prohibited Use. You may not use the Service beyond the Scope of Use, or in a manner contrary to the restrictions on Prohibited Use (as specified in Clause 7.3).
If Qreuz recognizes a usage of the Service contrary to these Terms of Service, then you must provide to Qreuz, upon request, any information necessary for the investigation of such Prohibited Use. Qreuz may revoke your access to the Service and, furthermore, may revoke your Agreement as a whole,  if you are found to have violated the restrictions on Prohibited Use, or (if applicable) if you greatly exceed the permitted Service usage as specified in your applicable Service Plan; any possible rights claimed against a third-party will remain unaffected in such a case.
You may regain access to the Service if you provide evidence that you will cease and desist from any usage contrary to the Terms of Service, and will not attempt such usage again in the future.

6.6. Access Control. Qreuz is entitled to implement access control mechanisms to protect the Service from unlawful use. Contractual use will not be limited significantly by such protective measures.

6.7. API Access. If Qreuz provides access to application programming interfaces (APIs) as part of the Service, Qreuz reserves the right to restrict access to such APIs (including, but not limited to, restrictions on the number of API requests in a certain period of time).

6.8. Agencies, Contractors, and Affiliates. Qreuz does offer agency accounts that allow your agencies, contractors, freelancers, or affiliates (the “Permitted Users”) to get managing access to specified portions of your User Account and your Account Data. If you wish to grant access to such an entity, please follow the instructions that you can find on your User Account at https://qreuz.com/account/access. During the process of granting access to a Permitted User, you will be able to select what portion of your Account Data will become accessible for the applicable Permitted User.
Unless explicitly otherwise stipulated by specific Agreement, you are prohibited from sharing your personal Account Credentials with a Permitted User.
You hereby agree that any use of the applicable portion of the Service by a Permitted User is for the sole benefit of yourself or your authorized entity, and that you remain responsible for the compliance by such an entity with all terms and conditions under your Agreement.

7. User’s Responsibilities

7.1. User Accounts. You must register for a User Account in order to access most features of the Service. When registering for a User Account, you will be asked to provide us with your email address and a password. In the process of purchasing Subscriptions, you will be asked to enter additional mandatory data (the “Mandatory Account Data”), such as but not solely, name, address, and payment details. You warrant that the data you provide to us is correct and true and you must keep this information current at all times. 

7.2. Account Credentials. You have to ensure that your personal Account Credentials are kept confidential and are not shared with third-parties. You are solely responsible for all activities that occur under your User Account. In the case that you believe your Account Credentials are not secure anymore, you must immediately notify us at support@qreuz.com.

7.3. Prohibited Use. It is hereby explicitly prohibited, and you must agree not to:
(i) use the Service for illegal purposes or in violation of any law;
(ii) use the Service to violate any right of a third-party, including, but not limited to, the infringement or misappropriation of any third-party’s intellectual property rights;
(iii) use the Service to perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or falsifying any of your Account Data;
(iv) sell or otherwise transfer your access to the Service granted under your Agreement, or, unless governed by Clause 6.8, grant access to your User Account to any third-party;
(v) access any other user’s User Account without the other user’s permission;
(vi) interfere with or exploit security-related features or the operations of the Service, including, but not limited to, by:
(vi.i) attempting to hack the Service, exploiting stolen passwords, mining passwords, or using any other illegitimate method of interference;
(vi.ii) uploading or otherwise disseminating any malicious code, including, but not solely, code that classifies as a virus, adware, spyware, or worm;
(vi.iii) interfering with or disrupting the infrastructure used to provide the Service;
(vi.iv) intentionally imposing an unreasonable or disproportionately large load on the infrastructure of the Service;
(vi.v) reverse engineering, or otherwise attempting to disclose the source code of, any part of the Service, except to the extent that such activity is expressly permitted by applicable law or by your Agreement;
(vi.vi) disabling or circumventing Service features that regulate or limit the use or copying of any content.

8. Service Availability and Service Interruptions

8.1. Service Availability. Qreuz makes the Service available permanently from the interface to the internet at the computing center on which the server with the software is located (“Point of Transfer”). The contractual obligations of Qreuz with respect to the Service cover User access to the executable software in its current version, the relevant computing capacity, and the relevant storage on a server which is accessible over the internet for you.  Qreuz will not accept any responsibility or liability for the data connection between your IT-systems and the defined Point of Transfer. For the Free Tier, unless otherwise stipulated by specific Agreement, the Service is provided on an “as available” basis and Qreuz does not warrant any Uptime of the Service; for paid Subscriptions, the Parties will conclude a separate Service Level Agreement (SLA).

8.2. Interruption announcement. You must report to Qreuz Interruptions of the Service in a clear and detailed manner, stating in writing all the information that is useful for identifying and analyzing the Interruption. Your Interruption report shall state in particular procedural steps that led to the occurrence of the Interruption, how the Interruption manifested itself, and also the effects of the Interruption. Qreuz will categorize announced Interruptions based on the categorization agreed upon in the following provisions of Clause 8.3.
Qreuz offers a dedicated contact address to announce Service’s Interruptions: interruption@qreuz.com

8.3. Service Interruption Categories. The Parties agree on the following “Service Interruption Categories”:
a) Fatal Outage. “Fatal Outages” are Interruptions of the Service that Qreuz is responsible for that make it impossible for the User to access the Service. The User cannot work around this type of Interruption in a reasonable manner and therefore, urgent business tasks cannot be completed.
b) Incident. An “Incident” is an Interruption of the Service that Qreuz is responsible for and that impedes the User from accessing the Service, or interrupts User access to the Service completely but not severely enough to fit the meaning of a Fatal Outage.
c) Bug Report. Notifications about Interruptions that are not serious enough to be categorized as either Fatal Outages or Incidents are categorized as “Bug Reports”.

8.4. Resolving Interruptions. Unless specified otherwise, including, but not limited to, within a separate Service Level Agreement, in the case of Fatal Outages or Incidents, that occur during Support Hours, Qreuz will immediately (no later than 2 (two) hours after receiving a User report) initiate measures to localize the reason for the Interruption. If the Interruption is not part of the Service as made available to you within the meaning of Clause 8.1, Qreuz will notify you. If the Interruption is part of the Service within the meaning of Clause 8.1, Qreuz will make commercially reasonable efforts to resolve the Interruption and restore your access to the Service.

9. Support

9.1. Support. Qreuz does offer help to utilize the Service by providing the Documentation. Furthermore, you may contact Qreuz if you have any questions that you cannot find an answer to in the Documentation. We do offer a dedicated contact email address for support requests: support@qreuz.com.

9.2. Provision of Support. We may require you to authenticate yourself before provide any support to you. You are entitled to User support based on the specified support level of your chosen Service Plan. You can find information about your chosen Service Plan and its applicable support level in your User Account at https://qreuz.com/account/service-plan.

9.3. Support Hours. Qreuz offers support based on the following time schedule (the “Support Hours”):
Monday – Friday: 10:00 – 16:00 (Central European Time/Central European Summer Time)
Saturday – Sunday: no support services available
Furthermore, support may be closed during public holidays. In such a case, Qreuz will announce modified Support Hours for the applicable public holiday via electronic communication.

9.4. Feature Requests and Feedback. Qreuz will accept feature requests and feedback about the Service (“Service Feature Requests”). If you send a Service Feature Request to us, you thereby grant to Qreuz a worldwide, unrestricted, perpetual, royalty-free, irrevocable, and non-exclusive right to use, copy, store, transmit, modify, create derivative works from, display, and exploit the Service Feature Request in any manner and for any purpose, including for purposes of improving or extending the Service and/or creating new products.

10. Confidentiality

10.1. Obligation to Confidentiality. You and Qreuz are obligated to keep confidential indefinitely all business and operating secrets, as well as information marked confidential in connection with the execution of your Agreement. Unless the disclosure of such confidential information to third-parties is expressly permitted by your Agreement, or required to use or provide the Service, as described either in the Documentation or in these Terms of Service, such a disclosure is only permitted with the written consent of the other contractual partner.
Unless otherwise stipulated by specific Agreement, this obligation to confidentiality ends after the passage of 5 (five) calendar years since the disclosure of the applicable information. If your Agreement constitutes a contract for the performance of a continuing obligation, this obligation to confidentiality does not end before the end of the Agreement, nor before the Termination Effective Date. You and Qreuz shall also impose this obligation to confidentiality on employees and engaged third-parties.

11. Data

11.1. Processing of Personal Data.
The following provisions govern the processing of Personal Data in the context of executing the contract whereas the term “Personal Data” shall be construed within the meaning of the EU General Data Protection Regulation 2016/679.

11.1.1. Data Processing Agreement (DPA). Any utilization of Qreuz’s Service to process Personal Data presupposes your commencement of a separate Data Processing Agreement (“DPA”) with Qreuz.
Whether or not you have not entered into a DPA with Qreuz, Qreuz will notify you via electronic communications whenever you try to access any features of the Service which will involve the processing of Personal Data. Qreuz reserves the right to limit your access to the Service, or to restrict your access to any such features of the Service which may involve the processing of Personal Data, if you do not enter a DPA with Qreuz.
You will find an electronic copy of Qreuz’s standard DPA under your User Account (at https://qreuz.com/account/privacy), which can be signed digitally. If you wish to sign the DPA physically, Qreuz can send you a downloadable PDF document which then can be sent to Qreuz’s contact address as specified in Clause 3 above. Qreuz will then physically sign the DPA and return it to you.
If you wish to sign a DPA physically, please send an email to privacy@qreuz.com.

11.1.2. Third-Party Personal Data and Indemnification. Insofar as you are utilizing the Service to process Personal Data, you are responsible for compliance with applicable laws and regulations, in particular those relating to data privacy. You also warrant to Qreuz that you are legally entitled to process the applicable Personal Data by either:
(a) having obtained the explicit consent of the applicable third-party with respect to the processing of such Personal Data prior to beginning your use of the Service to process the data in question, or
(b) having an implicit right to process Personal Data as granted under applicable laws and regulations, in particular those relating to data privacy.
In the case of any violation of such laws or regulations, you hereby indemnify Qreuz from any third-party claims arising from your use of Personal Data within the Service.

11.2. User Data Ownership. Unless otherwise stipulated by specific Agreement, you retain all rights to any User Data that you transmit to the Service, and you grant to Qreuz a revocable and non-exclusive license to store, copy, make backups of, create derivative works from, display, or otherwise process the User Data you transmit to the Service solely to the extent necessary to provide the Service to you.

11.3. Integrations. The Service offers functionality to integrate with certain Third-Party Platforms (the “Integrations”). By default, all Integrations with Third-Party Platforms are disabled and no Account Data is shared. In order to activate an Integration with a Third-Party Platform, you may enter the corresponding third-party access credentials into your User Account on the Service. By activating an Integration, the Service will get access, receive data from, and (if applicable), post data to, the Third-Party Platform. You are solely responsible for compliance with any applicable terms and conditions of Third-Party Platforms, and Qreuz is not responsible or liable for the service provided by any Third-Party Platform.
By activating an Integration, you implicitly authorize Qreuz to:
(i) access your accounts on such Third-Party Platforms for the purposes described in your Agreement and the related Documentation, and
(ii) share your applicable Account Data with the relevant Third-Party Platform.

12. Contract Termination

12.1. Termination of Your Agreement / User Account Closure. You may terminate the Agreement at any time and for any reason (“User Account Closure”).

12.2. Termination Notice. Unless you are utilizing the Service’s dedicated function “Close Account and Delete All Data” from your User Account, any User Account Closure notice shall be sent in written form (email is sufficient) to Qreuz to the contact details mentioned in Clause 3 of these Terms of Service.

12.3. Termination Effective Date. Any User Account Closure shall become effective within 30 (thirty) calendar days after the receipt of physically posted termination notices; or else within 1 (one) business day after the receipt of electronically transmitted termination notices using the “Close Account and Delete All Data” option available on your User Account (“Termination Effective Date”). Qreuz will use commercially reasonable efforts and technical measures to confirm the receipt of termination notices upon receipt.

12.4. Service Access after User Account Closure. In the case of a User Account Closure, on the Termination Effective Date, Qreuz will revoke access to the Service for you (the “Service Revocation”).

12.5. Subscriptions after User Account Closure. In the case of a User Account Closure, if you have an applicable Subscription Term, your Subscription Term will be terminated on the Termination Effective Date. Qreuz will stop the collection of any fees from you on or after the Termination Effective Date. However, Qreuz will not refund you any fees that you pre-paid for the use of the Service for the terminated portion of the applicable Subscription Term.

12.6. Account Data after User Account Closure. In the case of a User Account Closure, you will have the sole responsibility to save any Account Data. Upon your request, Qreuz will use commercially reasonable efforts to support you in saving your Account Data. After the Service Revocation, you will not have access to your User Account and the Account Data anymore. Unless required otherwise by applicable statutory regulations, and/or unless otherwise stipulated by specific Agreement, in the case of a User Account Closure, Qreuz will irrevocably delete all User Data within 30 (thirty) calendar days after the Termination Effective Date.

12.7. Termination for an Important Reason. Both Parties’ right to terminate the Agreement for an important reason remains unaffected.

13. Limited Warranty

13.1. Limited Warranty. Unless otherwise stipulated by specific Agreement, including, but not limited to, (if applicable) in a separate Subscription Term, Qreuz does not warrant against any material faults or legal faults of the Service, except in the case of bad faith or intent. In particular, unless otherwise stipulated by specific Agreement, Qreuz is not bound to make the Service, its functionality, or any Account Data, available at the interface to the internet from Qreuz’s computing center.

13.2. Restricted Functionality of the Service. The Service Specification of the applicable Service Plan that you agreed upon by the conclusion of the contract is the only contractually owed and warranted character and specification of the Service. Any character or functionality in addition to the applicable Service Specification is not owed by Qreuz and, in particular, does not arise from public comments or advertisement of Qreuz, its employees, or any third-party contractors or resellers.

13.3. Specifications are not Guarantees. The stated and agreed upon specifications are explicitly meant only as technical specifications and not as guarantees. Any guarantee will only be honored if it is explicitly stated as such in written form by Qreuz prior to the commencement of any user contract.

14. Liability

14.1. Qreuz shall always be liable to you in accordance with the laws and regulations of the Federal Republic of Germany:
(i) in case of damages resulting in fatalities, injuries, and impairment of health for which Qreuz is responsible;
(ii) Under the German Product Liability Act (Produkthaftungsgesetz);
(iii) For any losses caused intentionally or through gross negligence by Qreuz.

14.2. Unless otherwise stipulated by specific Agreement, any further liability of Qreuz is hereby excluded.

14.3. Your contributory negligence shall be taken into consideration.

14.4. The preceding limitations to Qreuz’s liability also apply to any employees, statutory representatives, and/or affiliated entities of Qreuz.

14.5. In the event that Qreuz is performing services that may be defined as telecommunication, the limitations of liabilities under § 44a of the German Telecommunications Act (Telekommunikationsgesetz, TKG) remain unaffected.

15. Modifications to these Terms of Service

15.1. Modifications to these Terms of Service. Within the limits of applicable law, from time to time, Qreuz may change these Terms of Service. Qreuz will notify you of any such changes through electronic communications. In such a case, the modifications to the Terms of Service will become effective upon your explicit acceptance, or automatically after a minimum of 45 (forty-five) calendar days after Qreuz notifies you through electronic communication and you do not object to the respective modifications in written form or via email. For services performed free of charge, Qreuz may modify, revoke, or replace these Terms of Service at any time.

16. General Terms

16.1. Email Communication. The Parties agree that security issues may arise from electronic and unencrypted communication (e.g. via email). The Parties will not bring any claims that are caused by the missing encryption of this kind of communication unless otherwise stipulated by specific Agreement.

16.2. Cross-Border Service Performance. You are responsible for complying with any relevant import and export regulations, in particular, those of the USA, regarding the use of the Service. In the case of cross-border delivery or performance, you shall bear any customs duties, fees, and other charges. You are responsible for completing any statutory or government procedures in conjunction with cross-border deliveries or services, unless otherwise stipulated by specific Agreement.

16.3. Contractual Language. The contract language shall be English.

16.4. Governing Law. The law of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

16.5. Place of Jurisdiction. Insofar as permitted by applicable law, the sole place of jurisdiction shall be Berlin, Germany. Qreuz reserves the right to sue the User within the User’s local jurisdiction.