Welcome and thank you for using www.leimonitor.com or any of its subdomains, as the case maybe (the “Website"). Qumundo e.K., a company incorporated under the laws of Germany whose registered address is located at Kleine Brückenstraße 14, 60594 Frankfurt am Main, Germany (thereafter „Qumundo“) is the owner and operator of the Website. This web page, together with the legal pages, contain and detail the terms and conditions that apply to you when accessing or using the Website (the "Terms of Use"). By accessing or using the Website, or any Service (as defined below) forming part thereof, you acknowledge and irrevocably represent that you have read, understood and accept the Terms of Use, and you agree to be legally bound by them. You also agree to comply with all laws and regulations applicable to the access or use of the Website, including all Services and activities involved thereto.

Qumundo reserves the right, in its sole discretion, to modify, update, amend, add or remove, as the case maybe, the Terms of Use of the Website at any time without notice. Qumundo points out and recommends to check the Terms of Use of the Website regularly in order to familiarize yourself with possible changes or modifications. Such changes or modifications shall be effective immediately upon publication on this web page and if you continue to access or use the Website, or any Service forming part thereof, you acknowledge and accept such changes or modifications of the Terms of Use. If, at any time, you do not agree and accept the Terms of Use or any of its changes or modifications, as the case maybe, you should immediately cease to access and use the Website and the Services. Any additional terms or conditions to the Terms of Use that are proposed by you shall have no effect and need to be expressly agreed to by Qumundo in writing. If you use the Website or the Services on behalf of a legal entity, you declare that you are authorized to represent and to bind this legal entity. In this case, the terms "you" or "your" refer to this legal person or entity.

If you, or the legal entity through which you gained access to the Website or any of the Services, subscribed to certain content or services by way of executing a written agreement, in the form of an addendum, or otherwise ("Agreement"), then the Terms of Use shall be a supplement to such an Agreement, and access or use of the Website, or any Service, is subject to the terms of the Agreement in addition to the Terms of Use. If and to the extent that any term or condition of the Agreement are inconsistent with or conflicts with any term or condition in the Terms of Use, the term or condition in the Agreement shall prevail, unless specifically indicated otherwise. By accessing or using this Website, or any Service forming part thereof, you acknowledge that you are familiar with the relevant terms and conditions of the Agreement and that you are bound by the Agreement.

You acknowledge, agree and accept, that any breach or violation by you of any terms or conditions under these Terms of Use or an Agreement, will result and represent an unlawful and unfair business practice, and will cause irreparable harm to Qumundo, its affiliates or third-party data or service provider, for which monetary loss or damages would be inadequate, and you consent to Qumundo obtaining any injunctive or equitable compensation or relief that Qumundo deems necessary or appropriate in such circumstances, including all reasonable legal costs and fees if Qumundo does take any legal action against you as a consequence of such cases. These rights and remedies are cumulative and in addition to any other rights and remedies provided by law or in equity to Qumundo, and not in substitution for them.

 

Content, Information, Data and Services

Qumundo makes available and provides you with certain content, information, data and/or services, provided by Qumundo, its affiliates or third party data or service providers, as the case may be, via the Website or other methods. The Website and the Services are protected by copyright, trademarks, service marks, contracts and other property rights. You acquire absolutely no rights or licenses in or to the Website or to any text, content, information, data, figures, statistics, graphics, designs, logos, user interfaces, visual interfaces, photographs, trademarks, audio, video, artwork, software, systems, electronic systems, applications, computer code, models, calculations, derived works, databases, documentation, material, customizations or enhancements therein, including statistics or scores (collectively, the "Service" or "Services") other than the limited right to access and use the Website and the Service for your own personal, internal, non-commercial purposes in accordance with the Terms of Use.

The Website, all of the Services or the applicable prices of such Services are subject to changes or modifications (including addition, alteration or deletion) by Qumundo, its affiliates or third party data or service provider, as the case maybe, at any time and without notice, to reflect (i) statistical, technical, administrative, market based or similar changes that Qumundo determines in good faith are required or desirable, or (ii) any legal or regulatory changes that Qumundo, its affiliates or any third party data or service provider determine in their sole discretion, acting in good faith, deem necessary and may affect the Website, the Services and/or any part thereof.

 

Appropriate Usage

You acknowledge, agree and accept that you may only use the Website and any of the Services, or any part thereof, as expressly permitted in accordance with the Terms of Use and that you shall not (i) use the Website or any of the Services for any infringe, illegal or unlawful purposes, (ii) use any automated methods, algorithms or techniques, including but not limited to scraping technology, framing, linking, robots, spiders or any similar processes, to access, download, copy, save, modify, transfer, distribute, publish, sell, re-sell, license or sub-license any portion of the Website or the Service, (ii) use the Website or the Service to develop, create or provide a functional substitute, database, product, service or an index of any kind which directly competes with the Website, the Service or any of Qumundo’s products and services in the marketplace, (iii) scan, probe, spy on, disrupt, interfere with, test vulnerability or gain unauthorized access or entry to the Website, the Service or any of Qumundo’s networks or systems, including the attempt to do so, (iv) spy on, disrupt or interfere with any other user, account or customer of Qumundo for any reason, (v) manipulate or forge headers or other identifiers in order to cover the origin of any information or request, (vi) send, share, post, upload, download, transmit, publish, or distribute any content, information, data or material that infringes, violates, breaches or otherwise contravenes the rights of Qumundo, its affiliates or any other third party, including any copyright, patent, trademark, rights of privacy or any other proprietary rights, (vii) upload, download, transmit, post or request unreasonable or excessive amounts of content, information, data or material affecting the availability, performance or security of the Website, the Service or any of Qumundo’s systems or networks, (viii) upload, transmit or post harmful content, information, data or other material of any kind, including but not limited to malware, bots, viruses, worms, disabling devices or other harmful actions affecting the availability, performance or security of the Website, the Services or any of Qumundo’s systems or networks, (ix) send, share, post, upload or transmit any content, information, data or material that would constitute a criminal offence, give rise to other liability, or otherwise violate any applicable local, state, national, international, contractual, general or other law, statute, ordinance, rule or regulation, (x) remove, suppress or change in any way the proprietary titles, markings or notifications provided in connection with the Website or any of the Services, including any intellectual property, trade mark or copyright notice, (xi) violate, breach or disobey any applicable local, state, national, international, contractual, general or other law, statute, ordinance, rule or regulation (of any regulatory authority or others), including any of the foregoing relating to competition, antitrust or intellectual property matters, or (xii) violate, infringe, breach or otherwise contravene any rights of Qumundo or any other third party data or service provider, including any intellectual property in any title, copyright, patent, trade mark, trade name, service mark, license, patent, invention, trade secret, database right, design right, domain name, right of confidence or any other proprietary or intellectual property right in connection with the Website or any of the Services. Any improper use may result in your access to and use of the Website and/or Service being restricted and/or canceled at Qumundos’ sole discretion at any time without prior notice and with no refund. Qumundo may also require You to reimburse Qumundo on an indemnity basis, for all costs and expenses which Qumundo suffers as a result of your improper access or use of the Website and/or any of the Services.

You hereby acknowledge, agree and accept, that you may not copy, modify, disclose, display, provide, pass on, share, publish, transfer, distribute, re-distribute, re-package, reverse engineer, create derived works, sell, re-sell, rent, license, sub-license or otherwise make available the Website or any Service, parts thereof and/or any derived data or works from the Website or the Service or parts thereof to any third party, person, entity or organization, unless specifically indicated and permitted otherwise in an Agreement or in these Terms of Use.

In the event that Qumundo explicitly allows you to access, download and use certain Service, you acknowledge and guarantee, that (i) you may not remove, change, modify or add any content, information, data, logos, trademarks, disclaimer, copyright or proprietary notices in any material or Service, (ii) you may only use such the Service for personal, non-commercial and informational purposes, (iii) you release Qumundo, its partners, employees and officers, from any claims or demands, losses, liabilities, damages, costs and/or expenses arising from your access or use, and (iv) you do not make any warranties or representations in this regard.

 

Third Parties

The Website and the Services may contain content, information, data, material or links of and to third party websites or other applications, systems or material. You acknowledge and agree that neither Qumundo or its affiliates are responsible, accountable, liable, make any representations or warranties for any third party content, information, data, material, links, websites or other applications, systems or material in any form, including in regards to its accuracy, availability, inactivity, usability, timeliness, completeness, actions, nor for any loss, damage, errors or omissions of any kind resulting therefrom. You also acknowledge, understand and accept that Qumundo may use third party hardware, software, applications, systems, networks, databases, content, information or data required to operate the Website or the Service and that Qumundo or its affiliates are not responsible, accountable or liable for them in any form, including but not limited to its availability, inactivity or actions.

You acknowledge, agree and accept that certain content, information, data, material or services forming part of or comprising the Website or the Services are the intellectual or proprietary property of third parties (“Third Party Services“) and that you might be required to enter into a separate agreement with a third party or Qumundo in order to access and/or use or to continue to access and/or use such Third Party Services via the Website or the Services. You also acknowledge and agree to comply with any requirements, restrictions or conditions, including but not limited to displaying specific disclaimer, limitation of use or disclosures, imposed by the third party or Qumundo relating to the access or use of Third Party Services via the Website or the Services. Qumundo does not perform any audit or undertakes no duty of due diligence or independent verification of any Third Party Services, nor is Qumundo obliged to do so. Qumundo is also not responsible or liable in regards to the accuracy, usability or fitness, or for any losses or damages caused by any Third Party Services to you.

You are responsible and accountable for all fees, costs and obligations associated with an agreement or license to access and/or use any of the Third Party Services. If the third party suspends, terminates or ceases to provide, deliver or make available any of its Third Party Services, or any part of thereof, or if Qumundo cancels, terminates or ceases its arrangement with the third party on any of the Third Party Services, or any part of thereof, Qumundo shall have the right, at is sole discretion, at any time without notice and without any obligation, to suspend, terminate or cease to provide, deliver or make available such content, data, information, material or services, or parts thereof, as the case maybe, via the Website or the Services.

 

Property Rights

The Website and the Services are protected by copyright, trademarks, service marks, contracts and other property rights. The Website and the Services are also protected as a collective work or compilation. You agree to comply with any additional copyright notices or restrictions contained in the Website or the Services. You acknowledge, agree and accept that (i) the Website, the Services and all rights, titles, intellectual property rights, copyrights, trade marks, trade names, service marks, licenses, patents, inventions, trade secrets, database rights, design rights, domain or any other similar rights associated with or comprised in the Website and the Services (including all intellectual property subsisting or contained in any calculations, formulas, methods, models, feed formats, software, source and object codes, data feeds, data or materials forming part of or in connection with the Services), and all development works, work in progress, customizations, enhancements, alterations, modifications, improvements, discoveries, ideas, inventions or additional services applicable thereto, and (ii) all content, information, documentation, computer programs, systems, applications and/or other websites created by, or on behalf of, Qumundo or its affiliates in respect of or in connection with the Website and the Services, shall in each case be the exclusive and sole property of Qumundo, its affiliates or its third party data or service provider, as the case may be, and shall not be considered works for hire. You shall not infringe upon Qumundo’s intellectual property or other rights in the Website, the Service or any part thereof, by act or omission. You may also not use, make available or make accessible any of Qumundo's trade names, trade marks or service marks in any manner to any third party.

You acknowledge and agree that the Website, the Services or any part thereof has been developed, compiled, prepared, revised, selected and arranged by Qumundo, its affiliates or its third party data or service provider (including other sources of information), as the case may be, using methods and evaluation standards that have been developed and applied in a considerable amount of time, effort and money. It represents valuable intellectual property and business secrets of Qumundo, its affiliates or its third party data or services providers, as the case may be. You agree to use commercially reasonable efforts to protect the property rights of Qumundo, its affiliates or of any and all other persons who have rights in the Website, the Services or in any parts of the Services. You agree to notify Qumundo immediately in writing if You become aware of any unauthorized access or use of the Website or the Services by any party, or of a claim or infringement that the Website or the Services violates any copyrights, trademarks, database right or other contractual, statutory, legal or general law rights. You also agree to honor and comply with all reasonable requests from Qumundo, its affiliates or any third party data or service provider, to protect the contractual, legal and other provisions of Qumundo, its affiliates or any third party data or service provider and other common law rights to the Website, the Services and/or any part thereof. You receive and acquire absolutely no rights or licenses to or for the Website, the Services or any part thereof, except for the limited right to use the Website and the provided Services in accordance with the Terms of Use or an Agreement, as the case maybe. All rights and/or licenses not expressly granted under this Terms of Use or an Agreement are explicitly reserved by Qumundo.

In case you send, share, submit, post, upload or otherwise make availability any data, content and/or information in anyway to Qumundo or its affiliates on the Website or in any other of Qumundo’s services, applications, systems or web sites, you acknowledge and agree to grant Qumundo a non-exclusive, transferable, worldwide, perpetual, sub-licensable, royalty-free right and license to save, store, host, use, modify, enhance, copy, delete, display, distribute, publish, share, transform, translate or create derived works in any form and in Qumundo’s sole discretion ("Your Content"). You acknowledge and agree that Qumundo has the right, in its sole discretion and at any time without notice, to review, edit, delete or remove any of Your Content or any part thereof, if such data, information and/or content (i) is violating the Terms of Use or terms or conditions of an Agreement, (ii) violates or infringes any third party rights, intellectual property or proprietary rights, (iii) violates any applicable local, state, national, international, contractual, general or other law, statute, ordinance, rule or regulation, (iv) is illegal, inappropriate, offensive, misleading, inaccurate, false, untrue, unsubstantial, unjustified, misrepresented, rumored, discriminatory, harassing, racist or invasive of another person or its privacy, (v) contains any form of sexual or violent acts or graphics, or (vi) is in any other way inappropriate. For avoidance of doubt, in case any data, content and/or information is sent to or is shared with Qumundo or its affiliates when using the Website, the Services or in any other case, which results to any changes and/or improvements of the Website or the Services and/or any part thereof, any derived work, data and/or information based on or as a result of any calculations, formulas and/or methods in connection with the Website or the Services and/or any data part thereof and/or any other data and/or information you sent in this regard, shall be in each case, the exclusive and sole property of Qumundo or its affiliates, as the case may be, and shall not be considered works for hire. Furthermore, if you share, send or transmit any communications or materials with and to Qumundo or its affiliates by mail, email, telephone, or otherwise, suggesting or recommending changes or modifications to the Website, the Services and/or any part thereof, including without limitation, new features or functionalities relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to Qumundo all right, title, and interest in, and Qumundo is free to use, without any attribution or compensation to You or any third party, any communication, ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Qumundo is not required to use any Feedback.

 

Data Privacy

You acknowledge, accept and allow, that Qumundo may collect, store and use personal, usage or process information about you through forms, cookies or other methods when accessing or using certain parts of the Website or the Services. In case you access and/or use or wish to access and/or use certain Third Party Services, you also agree and allow that Qumundo may share certain personal, usage or process information about you with third parties. For more privacy information please visit our Data Privacy page.

 

No Advice

You acknowledge, agree and accept that the Website, the Services or any part thereof, or any results attained from the Website, the Services or any part thereof, are intended for professional users only and should not be construed as investment, financial, legal, tax or other advice of any kind, nor should the Website, the Services or any part thereof, or any results attained from the Website, the Services or any part thereof, be regarded as an offer, a recommendation or as a solicitation of an offer to buy, sell, hold or otherwise deal in any investments, security transaction or advice. You may not use the Website, the Services or any part thereof, or any results attained from the Website, the Services or any part thereof, to undertake, transmit or encourage any unauthorized, inappropriate or unsuitable investment advice, financial promotions or any other related activity thereto, or to generate or make available any advice, recommendations, guidance, publications or alerts to your clients or any other third party. Nothing in the Website, the Services or any part thereof, or any results attained from the Website, the Services or any part thereof, constitutes a solicitation by Qumundo, its affiliates or any third party data or service provider of the purchase or sale of any securities, loans or other investments, or addresses the suitability of any investment or security. Any information, opinion or assertion contained in the Website, the Services or any part thereof, do not represent the opinions or beliefs of Qumundo, its affiliates or any of their respective partners, officers or employees.

 

Account and Login

You are responsible for maintaining the confidentiality of your password, passphrase, access token and other security measures or information that enable you to access or use certain parts of the Website or Services under your account. You are also responsible for all activities that take place under your account or login, and you shall use commercially reasonable efforts to prohibit or cease any unauthorized access to the Website or the Service under your account. You acknowledge and agree to notify Qumundo immediately of any unauthorized access or use of your account, the Website or the Services, or any other security breaches. You acknowledge and agree that your password, passphrase or access token (i) are personal to you and for your use only, (ii) are confidential and you may not disclose or share them with any other person, entity or organization, and (iii) that you accept full responsibility and liability for the use and protection of the password, passphrase or access token provided to you, including any loss or damages arising from your failure to comply with these requirements.

 

Use At Your Own Risk

You acknowledge, understand and agree that you access and use the Website or Services, or any part thereof, at your own risk and discretion. You are responsible for all damages, costs or losses caused by the access or use of the Website and the Services, or any part thereof, on your networks, electronic systems or elsewhere, including without limitation damages, costs or losses caused by accessing, using or downloading any part of the Website or the Services. Qumundo shall be not liable and has no responsibility of your access and use of the Website and the Services, or any part thereof, nor for your networks, systems, equipment or connections. While Qumundo, its affiliates and third party data or service provider wish to ensure the security and quality of the Website and the Services, Qumundo, its affiliates or third party data or service provider cannot guarantee and do not represent or warrant that the Website or the Services, or any part thereof, are free of viruses, malware or other harmful components. You shall be solely responsible for any and all networks, systems, equipment, facilities and/or connections necessary for the delivery, access or use of the Website or the Services, or any part thereof, at and to your own networks, computer systems or other systems.

 

Disclaimer of Warranties

THE WEBSITE, THE SERVICES AND ANY PART THEREOF PROVIDED BY Qumundo, ITS AFFILIATES OR ANY THIRD PARTY DATA OR SERVICE PROVIDER SHALL BE ON AN “AS IS” BASIS AND NEITHER Qumundo, ITS AFFILIATES OR ANY THIRD PARTY DATA OR SERVICE PROVIDER MAKES ANY REPRESENTATION, ASSURANCE, GUARANTEE OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, CONTINUITY, MERCHANTABILITY OR FITNESS OF THE WEBSITE, THE SERVICES OR ANY PART THEREOF, NOR AS TO THE RESULTS TO BE OBTAINED BY ANY RECIPIENTS IN REGARDS TO THE WEBSITE, THE SERVICES OR ANY PART THEREOF. YOU HEREBY ACKNOWLEDGE AND GUARANTEE THAT THERE ARE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND THAT YOU HAVE NOT RELIED ON ANY WARRANTY, GUARANTEE, ASSURANCE OR REPRESENTATION MADE BY Qumundo, ITS AFFILIATES OR ANY DATA OR SERVICE PROVIDER, OTHER THAN THOSE EXPRESSLY SET FORTH BY Qumundo IN THESE TERMS OF USE.

 

Limitation of Liability

You understand, agree and accept that neither Qumundo, its affiliates or any third party data or service provider will under no circumstances be responsible or liable for any inaccuracies, errors or omissions, regardless of cause, in the Website or the Services, or any part thereof. Without limiting the foregoing, Qumundo, its affiliates or any third party data or service provider shall have, to the fullest extent permitted by law, no responsibility or liability whatsoever to you or any client of yours, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, for any direct, indirect, incidental, special, punitive, consequential or exemplary losses or damages, including but not limited to loss of business, loss of opportunity, loss of profit, loss of goodwill or other intangible losses suffered by You, your affiliates, your customers or any third parties, as a result of or in connection with the Website, the Services or any part thereof, or any opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by You or any third party, whether or not based on the Website, the Services or any part thereof, or whether such damages or losses could have been foreseen, prevented or advised by Qumundo.

You acknowledge that the Services may contain forward-looking opinions, assumptions, estimates, expectations or other similar information ("Estimates"), which may be identified by using the words like “estimate”, “estimated”, "target", "expect", "expected", "will", "can", "may", "believes" or similar expressions or the negative thereof. These Estimates and the outcomes of the underlying assumptions of these Estimates might change or be materially different in the future than expressed at a certain time due to various reasons, including but not limited to unexpected business, economic or market developments or risks. Under no circumstances shall Qumundo, its affiliates or any third party data or service provider, be obligated to update any Estimates, or be responsible or liable to you, in regards to any actions of you or of your customers based on any Estimates in any form, including for any losses or damages. The Estimates should also not be regarded as a representation, undertaking, warranty or prediction by Qumundo, its affiliates or any third party data or service provider, including but not limited as to its accuracy, usability or fitness for any purpose.

 

Indemnification

You acknowledge, accept and agree to release, defend and hold harmless Qumundo, its affiliates or any third party data or service provider, and all of their parents, subsidiaries, affiliates, officers, directors, partners, employees, agents or successors from any claims, demands, losses, liabilities, damages, costs or expenses (including reasonable legal and/or attorney fees) arising from your access or use of the Website or the Services, or any part thereof, your violation of any terms or conditions under the Terms of Use or an Agreement (including any additional terms of third party providers) or your violation of any other third party rights, including intellectual property rights, proprietary rights or other similar rights, or your incorrect, untimely or incomplete integration of the Services, or any part thereof.

 

Termination

You acknowledge and agree that Qumundo may terminate, restrict or suspend your (future) access and/or use to the Website, the Services or any part thereof, at any time without prior notice and at its sole discretion. Reasons for such termination, restriction or suspension of access or use to the Website, the Services or any part thereof may include, but is not limited to (i) violations of any terms and conditions contained in these Terms of Use, an Agreement or any other guidelines, (ii) an appeal or request by a local, national, state or international agency or law enforcement, (iii) malicious acts that damage or could damage the integrity of the Website, the Services or any part thereof, (iv) termination, restriction, suspension or non-availability of any third-party content, data, information or services in the Website, the Services or any part thereof for any reason, (v) a deletion request of your account by you, (vi) technical, administrative or other operational issues, difficulties or problems, such as hardware failures or software bugs, or (vii) failure to pay any fees that you owe in connection with, the use of the Website, the Services or any part thereof, additional support charges or charges payable in respect of modifications, additions, installation or training made or provided in respect of the Website, Services or any part thereof. For reasons of clarity, you acknowledge and agree that all cancellations, access or use restrictions or suspensions are at Qumundo’s sole discretion and that Qumundo is not liable to you or any third party in relation to you of such restriction or suspension, or for any other reason. You also agree that you cease and stop accessing and using the Website, the Services or any part thereof immediately after the effective date of the termination herein.

 

Legal Entity Identifier (LEI)

The Legal Entity Identifier (LEI) and LEI data made available on this website are sourced from GLEIF, the Global Legal Entity Identifier Foundation. All LEI and related LEI data are unchanged. The LEI and its reference data are third party data and Qumundo explicitly indicates that Qumundo can not be held responsible for the correctness, completeness and timeliness of the data. Qumundo also assumes no liability and does not guarantee the correctness, completeness and actuality of the data. Furthermore, Qumundo is not obliged to update the LEI data provided or keep them up-to-date. It is also expressly pointed out that individual legal units can own several LEIs. Users and the end users of this website and the LEI data can not make any claim for reimbursement or any legal or financial claims to Qumundo. Users and end users use the data and the website at your own risk.

 

Sales Tax

All Qumundo sales are conducted and processed from Germany, which makes us subject to tax-related laws of Germany and the European Union (EU). Due to various e-commerce regulations applicable in the EU, as well as trade agreements between EU and non-EU countries, taxes may be charged on your order prior to checkout or subscription. The displayed prices on the Website are exclusive of any sales tax or value added tax (VAT) by default. Please define and select the country you are placing your order from prior checkout, subscription or in your account section. The tax rates, VAT and total due prices will be adjusted and displayed accordingly. If your company is tax-exempted, please provide a valid tax registration or VAT number. If you have further questions, are in doubts or notice any discrepancies, please reach out or consult with a qualified tax advisor or auditor.

 

General Terms

Governing Law.  Your access and use of the Website, the Services or any part thereof under these Terms of Use and the transactions contemplated by them (including non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of Germany. The parties submit to the exclusive jurisdiction of the German Courts for the purposes of determining any dispute arising out of these Terms of Use or the transactions contemplated by them, without regard to the principles of conflicts of laws of other jurisdictions.

Independent Parties.  The parties hereto are independent parties. Nothing in these Terms of Use will be construed to make either party an agent, employee, franchisee, or legal representative of the other party. Nothing in these Terms of Use will be construed to form a joint venture, partnership or fiduciary relationship between the parties. Except as otherwise provided in these Terms of Use, neither party will have, or represent itself to have, any authority to bind the other party or act on its behalf.

Severability.  Qumundo's failure to exercise or enforce a right or a provision of these Terms of Use, does not constitute a waiver of that right or this provision. Should it become apparent that a provision of these Terms of Use is invalid or unenforceable under applicable law, including, without limitation, the above warranty and liability exclusions or limitations of liability, the parties nonetheless agree that the invalid or unenforceable provision will be replaced by a applicable and enforceable provision that most closely matches the intent of the original provision and the other provisions of these Terms of Use remain in full force and effect. If the invalid or unenforceable provision cannot be replaced, this provision is considered to be separable from the other provisions of these Terms of Use and has no influence on their validity and enforceability.

Interpretation.  In this Terms of Use, (i) reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted, (ii) words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated, and (in each case) vice versa, (iii) any reference to a party in these Terms of Use includes a reference to its successors in title and permitted assigns, and (iv) the headings to the clauses are for ease of reference only and shall not affect the interpretation or construction of the Terms of Use.

Please do not hesitate to contact us if you have any questions or concerns about the access or use of the Website, the Services or any part thereof.

 

Frankfurt am Main (Germany), the 20th of February 2025.