Valid from December 1, 2022
In order to use the Overrides.io Services and access content, (1) you must be 18 years of age or older or 16 years of age or older and have the consent of your parent or guardian to the terms of the Agreement, (2) you must be authorized to enter into a legally binding contract with us and must not be prevented from doing so by applicable law, and (3) you must be a resident of Germany. You also represent and warrant that all information you submit to Overrides.io as part of the registration process is true, accurate and complete and you agree to ensure this at all times.
Occasionally, we may make changes to the Agreement for legitimate reasons, such as to improve existing features or functionality or to add new features or functionality to the Services, to implement scientific and technical advances or to make reasonable technical adjustments to ensure the functionality or security of the Services, or for legal or regulatory reasons. If we make changes to the agreements that may affect the ongoing contractual relationship between you and us, we will notify you in advance in a suitable manner according to the circumstances, for example by displaying an eye-catching message, by sending you an e-mail or by asking for your consent within the Services. This notice will include information about the proposed changes and your right to object to these changes, as well as where to send the objection and the consequences of not objecting. The changes will be deemed accepted if you do not reject them within 30 days. By following this procedure, we will not make any changes that materially affect the contractual balance between the Services and any consideration you may provide for them. If you do not wish to continue to use the Services under the new version of the Agreement, you may terminate your account by contacting us or by simply deleting your account on the Website.
Here we have put together some information about the use of Overrides.io.
A description of the options available for our services is available on our website and when you create a Overrides.io account we will explain the options available to you. Certain options are available to you free of charge. The Overrides.io services that do not require payment are currently referred to as "free services". Other options require payment before you can access them. ("paid subscriptions"). We may also offer special promotions, memberships or services, including offers of third-party products and services in connection with or through the Overrides.io Services.
The so-called Unlimited Services may not be available to all users. We will inform you during registration about which services are available to you. If you cancel your subscription to the Unlimited Services or if your subscription to the Unlimited Services is interrupted (for example, if you change your payment information), you may not be able to re-subscribe to the Unlimited Services.
If you have purchased or received a code, gift card, prepaid offer, or other offer provided or sold by or for Overrides.io for access to a paid subscription ("Code"), your access to the Services may also be subject to separate terms and conditions made available to you along with the Code, and you agree to abide by such terms and conditions.
From time to time, we or third parties on our behalf may offer paid subscriptions on a trial basis for a certain period of time free of charge or at a reduced price ("Trial Subscription").
For some trial subscriptions, we will ask you to provide your payment details to start the trial subscription. By providing your payment information, you agree that we may automatically invoice you for the subsequent paid subscription on a monthly basis or such other period as we may notify you in advance, beginning the first day after the trial subscription expires. IF YOU DO NOT WISH TO PAY THE FEE, YOU MUST CANCEL THE CORRESPONDING PAID SUBSCRIPTION BEFORE THE TRIAL SUBSCRIPTION EXPIRES.
You may purchase a paid subscription directly from Overrides.io, (1) by paying a monthly subscription fee in advance or such other period as we may notify you prior to your purchase, or (2) by making an advance payment that gives you access to the Overrides.io Services for a specified period ("Prepaid Period").
If you register for a paid subscription with a trial subscription, you may change your mind within the trial subscription period from the date of your registration for the relevant service ("cooling-off period") without giving any reason, subject to the following provisions, and may cancel the paid subscription prior to its commencement (in which case no fees will be charged for the paid subscription thus cancelled):
Unless you have effectively waived your right of revocation, you have a statutory right of revocation as follows if you are resident in Germany:
right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must notify us (MEYBORG UG (haftungsbeschränk), Bleickenallee 4, 22763 Hamburg, Germany, E-Mail: email@example.com inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
consequences of the revocation
If you revoke this contract, we must reimburse you for all payments that we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
Unless your paid subscription was purchased for a prepaid period, your payment obligation to Overrides.io will automatically renew at the end of the subscription period unless you cancel your paid subscription before the end of the current subscription period under 'Settings'. The cancellation will take effect on the day following the last day of the current subscription period and you will be downgraded to the free service.
If you purchased a paid subscription by using a code, your subscription will automatically end at the end of the period specified in the code.
Overrides.io and/or its licensors are the sole owners of all Overrides.io trademarks, service marks, corporate logos, logos, domain names and other features of the Overrides.io brand ("Overrides.io Brand Features"). The Agreements do not grant you any rights to use Overrides.io Trademark Features, whether for commercial or non-commercial use.
You agree to comply with our User Policies and not to use the Overrides.io Services or the Content or any part thereof in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in the Agreements, Overrides.io does not grant you any rights, title or interest in the Overrides.io Services or Content.
The Overrides.io Services are integrated into or may interact with third party applications, websites and services ("Third Party Applications") and third party devices to provide the Overrides.io Services to you. These third party applications and devices may have their own terms and conditions and privacy policies that govern your use of these third party applications and devices. Overrides.io does not warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Overrides.io Services.
In return for the rights granted to you under the Agreement, you grant us the right to use the processor, bandwidth and storage space on your device's storage media to provide the Services to you during the Term.
If you provide feedback, or submit ideas or suggestions ("Feedback") to Overrides.io in connection with the Overrides.io Services or Content, you acknowledge that the Feedback is non-confidential and you grant Overrides.io the right to use your Feedback without limitation and free of charge. Feedback is considered user-generated content.
You may terminate this license at any time, subject to the provisions of this paragraph, by terminating the agreements with us. Please note, however, that in order to maintain the operation of the Overrides.io Services and for information security purposes, we must maintain backups and that any User Generated Content that you delete may remain in such backups for a limited period of time.
Overrides.io respects intellectual property rights and expects the same from you. We have established some basic rules that you must follow when using the Services to ensure that everyone enjoys using Overrides.io in the future. You are obligated to abide by these rules and should encourage others to do the same. The following is not allowed under any circumstances:
Your password protects your account and it is your sole responsibility to ensure that your password remains confidential and secure. You acknowledge that you are responsible for any unauthorized use of your username and password by you in connection with the Services and for any unauthorized use that you could have prevented by exercising reasonable care. If your user name or password is lost or stolen, or if you suspect that someone else has gained unauthorized access to your account, you must notify us immediately and change your password as soon as possible.
Overrides.io will use reasonable efforts to keep the Overrides.io Services operational. However, due to certain technical difficulties, maintenance or testing, or due to updates required to reflect changes in applicable laws or regulatory requirements, temporary disruptions may occasionally occur.
Notwithstanding the foregoing, if you have made advance payments to Overrides.io for paid subscriptions and Overrides.io permanently discontinues such paid subscriptions prior to the expiration of the prepaid period (as defined in Section 4, Payment, Termination and Cooling-off Period) in accordance with these Terms of Service, Overrides.io will refund to you the prepaid fees for the prepaid period after discontinuation. You understand, agree and agree that Overrides.io is under no obligation to provide upgrades or updates to the Services or to provide certain Content through the Services.
If you have questions about your account or payments ("Questions to Customer Service"), send a ticket to Customer Service using the contact form. We will use reasonable efforts to answer all customer service questions within a reasonable period of time, but we cannot promise that all customer service questions will be answered and/or can be answered within a certain period of time.
The agreements remain in effect until they are terminated by you or by Overrides.io.
The agreements can be terminated by both you and Overrides.io at any time with 14 days' notice to the end of the month.
Overrides.io may terminate the agreements for cause or suspend your access to the Overrides.io Services for cause, including, without limitation, in the event of unauthorized use of the Overrides.io Services and/or the Content and/or material or repeated failure by you to comply with the agreements, taking into account your legitimate interests. In the event that you or Overrides.io terminates the Agreements or Overrides.io blocks your access to the Overrides.io Services, you agree that Overrides.io shall only be liable to you in accordance with the provisions of Section 18. Your statutory right to terminate for cause shall remain unaffected.
The provisions of the agreements, which must continue to apply after termination of the Terms either expressly or by their nature, shall continue to apply after termination, in particular the provisions of Clauses 6, 7, 14, 17, 18, 21, 23 and 24.
YOU AGREE THAT THE FREE HOCKEY SERVICES WILL BE PROVIDED "AS IS" AND "AVAILABLE".
except as expressly stated otherwise, the terms of the agreements are not to be construed as a strict warranty.
Insofar as Overrides.io is not liable without limitation under the provisions of the first paragraph, in the event of a breach of a material contractual obligation due to simple negligence, Overrides.io's liability for damages or reimbursement of expenses shall be limited to typically foreseeable damages. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the respective agreements and on whose fulfillment you regularly rely and may rely (cardinal obligations).
The liability of Overrides.io based on the applicable product liability regulations shall remain unaffected.
Any liability of Overrides.io beyond the aforementioned cases is excluded. In these cases, the sole and exclusive remedy for problems or dissatisfaction with the Overrides.io services is to uninstall the Overrides.io software and terminate use of the Overrides.io services.
We shall not be liable for damages due to loss of data to the extent that the damage could have been prevented if you had made backup copies at reasonable intervals.
Except as set forth in this section, the agreements are not intended to grant rights to anyone other than you and Overrides.io, and in no event shall the agreements create rights for the benefit of any third party. Further, the right to terminate the Agreements and the right to withdraw from the Agreements, as well as the right to agree to any modification, waiver or termination of the Agreements, shall not be subject to the consent of any other person.
If you download the app from the Apple Inc. ("Apple") App Store, or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to be bound by the following notice regarding Apple. This agreement is between you and Overrides.io only, and not Apple. Apple is not responsible for the services or content of the services. Apple is under no obligation whatsoever to provide maintenance or support services with respect to the Services. If the Services are not in compliance with any applicable warranty, you may notify Apple and Apple will refund the purchase price of the applicable App; to the extent permitted by law, Apple has no other warranty obligations with respect to the Services. Apple is not responsible for processing your or any third party claims relating to the Services or your possession and/or use of the Services, including (1) product liability claims, (2) claims relating to the non-compliance of the Services with any applicable legal or regulatory requirements, and (3) claims based on consumer protection or similar regulations. Apple is not responsible for investigating, defending, settling or satisfying any claim by a third party that the Services and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with applicable third party regulations when using the Services. Apple and Apple's affiliates are beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have been accepted by Apple) to enforce this Agreement against you as a beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country affected by a U.S. government embargo or a country classified by the U.S. government as a "country supporting terrorism" and (2) you are not on any prohibited or restricted list maintained by the U.S. government.
Except as otherwise provided in this section or as expressly agreed in writing between you and Overrides.io, the Agreements shall contain all terms and conditions agreed between you and Overrides.io and supersede all prior oral or written understandings and agreements relating to the subject matter of these Agreements.
However, please note that certain aspects of your use of the Overrides.io Services may be subject to additional agreements. This may include, for example, access to the Overrides.io Services through a gift card or free or discounted trial subscription or in conjunction with other services. If you receive an offer to do so, you will also receive any related supplemental agreement and you may have an opportunity to agree to additional terms.
Unless otherwise specified in the Agreements, the invalidity or unenforceability of any provision of the Agreements or any part thereof, regardless of the reason for such invalidity or unenforceability, shall not affect the validity or enforceability of the remaining provisions of the Agreements.
You agree to indemnify Overrides.io against all damages (including reasonable attorneys' fees and costs) arising out of or in connection with (1) any breach by you of the Agreement or any of the terms of the Agreement; (3) any activity you engage in on or through the Overrides.io Services; and (4) any violation by you of any law or the rights of any third party. The foregoing indemnification clause shall not apply if you are not responsible for the breach or violation.
Unless otherwise prescribed by the mandatory law of a member state of the European Union or another country, the agreements (and any non-contractual disputes/claims arising out of or in connection with them) shall be governed by German law, excluding the conflict of laws rules. Overrides.io will not participate in dispute resolution proceedings before a consumer arbitration board for contracts to which these terms and conditions apply.
If you have any questions about the Overrides.io services or the agreements, please contact us using the contact form on our website.
Contracting Overrides.io Company :
MEYBORG UG (haftungsbeschränkt)