1. Terms of use
1.1 Authorization: The User represents and warrants that he/she has reached the minimum legal age to enter into a binding agreement with us or that he/she has the express consent of his/her parent or guardian. These Services may not be used by persons who are barred from using them under the laws of their country of residence.
1.2 Consent to use: By registering and continuing to use our services, the user agrees to these General Terms and Conditions and undertakes to comply with them. The User further agrees not to use the Services in any way that is not permitted by law or that jeopardizes our network security.
2. Registration and account security
2.1 Registration requirements: When registering, the user must provide accurate, current and complete information about themselves as requested in the registration forms. The user is obliged to keep this information up to date.
2.2 Account security: The User is solely responsible for securing his/her password and all other authentication data. He is also responsible for all activities that take place under his account. Any suspicion of unauthorized use of the account must be reported to us immediately.
3. Terms of payment
3.1 Pricing models: Access to certain parts of our Services may require payment. The specific details, such as prices and payment intervals, are clearly defined on our website or in the user dashboard.
3.2 Terms of payment: Payments must be made prior to accessing the Paid Services and must be made in the currency specified on the invoice. All payments are non-refundable unless required by law.
3.3 Renewal and termination: Unless otherwise agreed, subscriptions are automatically renewed at the end of the subscription period. The user may cancel their subscription at any time, with the cancellation taking effect before the start of the next billing period.
4. Copyright and use of content
4.1 Ownership: The User retains ownership and all rights to the Content created or uploaded by the User. However, by uploading Content, the User grants us a worldwide, non-exclusive, royalty-free license to use, reproduce, publicly display, distribute and edit such Content in connection with the operation of the Services.
4.2 Handling of copyrighted material: The user undertakes not to upload or distribute any content that is protected by copyright without the necessary rights or permissions. In the event of a breach of this provision, the user assumes full legal responsibility for any resulting claims.
5. Liability and warranty
5.1 Disclaimer: We shall not be liable for any indirect, incidental, special or consequential damages arising out of the use or inability to use our services, including, but not limited to, loss of profits.
5.2 Disclaimer of warranty: We do not warrant that the Services will be uninterrupted, secure or error-free. All warranties are excluded to the extent permitted by law.
6. Data protection
6.1 Processing of personal data: Our privacy practices are described in the Privacy Policy, which is an integral part of these T&Cs. The user agrees that their personal data will be processed in accordance with this policy.
7. Code of conduct
7.1 Prohibited activities: The User undertakes not to carry out any actions that are considered fraudulent, abusive or legally impermissible. This also includes using the Services to spread malware or malicious software.
8. Changes to the services and the GTC
8.1 Changes: We reserve the right to change the services provided and the terms of these GTC at any time. Changes come into force immediately, but are only binding for existing users after a notification period.
9. Termination and blocking
9.1 Right of termination: Users can terminate their accounts at any time via the user dashboard. We reserve the right to suspend or terminate services if users violate the GTC or the law.
10. Dispute resolution
10.1 Dispute resolution procedure: Disputes shall primarily be resolved by negotiation. If no agreement is reached, disputes shall be subject to the jurisdiction of the country in which we have our headquarters, excluding the UN Convention on Contracts for the International Sale of Goods. These formulations provide a comprehensive basis for the creation of your T&Cs, covering legal aspects and providing your users with clarity about their rights and obligations.
11. License of use and protection of intellectual property
11.1 Licensing of the design: The designs provided through our service and the associated content are protected by copyright and remain our property at all times. The user receives a non-exclusive, non-transferable license to use the designs solely within our platform. This license is tied to an active and paid membership. The export, transfer or use of the designs outside the platform without a separate agreement is expressly prohibited.
11.2 Prohibition of export and independent use: The user undertakes not to export, replicate outside the platform or publish on other hosting services the designs created or provided by our service. Violation of this agreement will result in immediate termination of the user account and may result in civil and criminal penalties.
11.3 Compensation: In the event of unauthorized use or export of the designs, the user undertakes to pay reasonable compensation for damages, including lost revenue, damages incurred and the costs of enforcing our rights. The amount of damages shall be set at a minimum of three times the subscription fees paid for the period in question, but not less than a fixed amount of €10,000.
11.4 Legal action: We reserve the right to use all available legal means and remedies to enforce these Terms and to protect our intellectual property.
12. Use of fonts requiring a license
12.1 Provision of fonts: Our platform offers both license-free and licensed fonts. Licensed fonts are marked accordingly and require the purchase of a separate license by the user in order to use them in their projects.
12.2 Labeling and notes: When selecting a font that requires a license, the user is clearly informed that a license is required to use this font. We provide information on how and where this license can be obtained.
12.3 Personal responsibility of the user: The user is solely responsible for acquiring and complying with the license conditions of the fonts that he uses in the context of using our services. This includes the obligation to acquire all necessary licenses before using the fonts in published projects.
12.4 Exclusion of liability: We accept no liability for damages or legal claims arising from the unauthorized or inadmissible use of fonts subject to license by the user. The user shall indemnify us against any third-party claims resulting from non-compliance with the license conditions.
12.5 Legal consequences in the event of infringement: If we become aware of any unauthorized use of fonts subject to licensing without the appropriate licensing, we reserve the right to immediately block the user account in question and to take further legal action.
13. Usage licenses for content
13.1 The content provided on this platform, including but not limited to images, templates and designs, is the property of yoocon GmbH or its licensors. This content is made available to you only for use within the platform under the terms of this license. Any use of the content outside the platform without the express written consent of yoocon GmbH is strictly prohibited.
14. Utilization of user content
14.1 As a user, you grant yoocon GmbH a worldwide, non-exclusive, royalty-free license to use, reproduce, publicly display, modify and distribute the content you create or upload to the Platform solely for the purpose of providing the services you have requested.
15. Responsibilities of the users
15.1 You acknowledge and agree that as a User you are fully responsible for all activities that occur under your Account. You agree to comply with all applicable local, national and international laws and regulations, including data protection laws and copyright regulations.
16. Compliance and legal requirements
16.1 You agree to comply with all legal requirements, including but not limited to the General Data Protection Regulation (GDPR) and other data protection laws of your country. yoocon GmbH accepts no responsibility for non-compliance with these regulations by users.
17. Restricted activities
17.1 You are not permitted to use the Platform for any illegal, misleading, harmful, fraudulent or otherwise inappropriate activity. This includes the distribution of viruses, malware or other harmful code, the offering of illegal goods or services, the collection of sensitive information without authorization and any activity that infringes the rights of third parties.
18. Severability clause
18.1 Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a provision shall be deemed agreed that comes closest to the meaning and purpose of the original provision.