Terms. Here you’ll find all the information you need
1. Overview of Terms
Welcome to these Terms of Service ("Terms"). These Terms are provided by Niklas Johannknecht / 90five ("we," "us," or "our") and outline the rules and practices our website and service users ("you" or "your") must adhere to before using our website and services.
By using our website/services for information on services, products, and/or other information available (collectively, our "Services"), you confirm to Niklas Johannknecht / 90five that you have read, understood, and agreed to these Terms. If you do not agree, you must stop using our Services.
2. Updates to Terms and Services
We reserve the right, at our discretion, to update, modify, change, or review ("Updates") a portion or part of these Terms and/or our Services without notice to you. Any Updates will be reflected by updating these Terms and changing the date below.
3. Service Eligibility and Registration
To use our website or services, you must be at least 18 years of age.
4. User Representations and Warranties
By using our Services, you represent and warrant that:
i. The data you provided during subscription is accurate and complete;
ii. Only you will have access to your account;
iii. You are 18 years of age or above;
iv. By using our Services on behalf of a company, you have the permission from the company to do so;
v. Your use of our Services does not violate any local law or regulation in the location you are.
5. Ongoing Costs
You will be responsible for any ongoing subscription costs associated with your project, whether it’s an app, website, automation, or advertising campaign. This also includes hosting and any necessary updates or maintenance.
6. Intellectual Property
All intellectual property created by Niklas Johannknecht / 90five in the course of providing the services described in this Agreement will be owned by you. We agree to assign all intellectual property rights to you upon completion of the services. We may showcase the work completed for you in our portfolio and social media, provided that any confidential information is not disclosed in accordance with the Confidentiality clause of this Agreement.
7. Confidentiality
We agree to keep all information provided by you, including but not limited to business plans, financial information, marketing strategies, and any other proprietary or confidential information, strictly confidential. We will not disclose such information to any third parties without your prior written consent. This obligation of confidentiality will continue to apply even after the termination of this Agreement. We will use commercially reasonable efforts to protect the confidentiality of the confidential information, including implementing appropriate security measures and limiting access to authorized personnel only. We may only use the confidential information for the purpose of completing the services described in this Agreement and will not use it for any other purpose without your prior written consent.
We may only disclose the confidential information as required by law or legal process, provided that we promptly inform you of such requirement and cooperate with you in any efforts to seek a protective order or other appropriate remedy.
8. No Solicitation
During the term of this Agreement, and for a period of sixty (60) months after expiration or termination of this Agreement, you agree not to solicit, recruit, engage or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire or any other kind of basis, any employee or agent of Niklas Johannknecht / 90five, whether or not said person has been assigned to perform tasks under this Agreement. In the event such employment, consultation or work-for-hire event occurs, you agree that Niklas Johannknecht / 90five shall be entitled to an agency commission to be the greater of either (a) 45 percent of said person’s starting salary with you, or (b) 25 percent of fees paid to said person if engaged by you as an independent contractor. In the event of (a) above, payment of the commission will be due within ten (10) days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for you. Niklas Johannknecht / 90five, in the event of nonpayment and in connection with this section, shall be entitled to seek all remedies under law and equity.
9. Warranties
We warrant that the services provided under this Agreement will be performed in a professional and competent manner. If the website, app, or automation is damaged due to an incident of hacking or some other malware beyond the scope of our services, you will be responsible for paying for any necessary repairs.
10. Force Majeure
Niklas Johannknecht / 90five shall not be deemed in breach of this Agreement if we are unable to complete the Services or any portion thereof by reason of fire, earthquake, flood, hurricane or other severe weather, labor dispute, act of war, terrorism, riot or other severe civil disturbance, death, illness or incapacity of Niklas Johannknecht / 90five or any local, state, federal, national or international law, governmental order or regulation or any other event beyond our control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, we shall give notice to you of our inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
11. Cancellation
If fixed deadlines for the execution of agreed activities have been established between you and Niklas Johannknecht / 90five, the following general regulations apply in case of cancellations by you, provided that they are not attributable to Niklas Johannknecht / 90five:
• If the cancellation is made with a lead time of ≤ 10 working days, Niklas Johannknecht / 90five will charge a cancellation fee equal to 50% of the canceled scope value.
• If the cancellation is made with a lead time of ≤ 5 working days, Niklas Johannknecht / 90five will charge a cancellation fee equal to 100% of the canceled scope value.
12. Jurisdiction
The place of jurisdiction is the domicile of the contractor. The contract is subject to the laws of the Federal Republic of Germany. In the event that any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain valid.
13. Final Provisions
Should individual provisions of the contract and/or these General Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions. Instead of any ineffective provision, a replacement provision shall be deemed agreed upon that corresponds to the purpose of the agreement or at least comes close to achieving the same economic result that the parties would have agreed upon if they had been aware of the ineffectiveness of the provision. The same applies to any omissions.
14. Privacy Policy
We respect your privacy and understand the risk involved if your privacy is breached by an unauthorized individual. To know about how we process your personal data and other data shared with Niklas Johannknecht / 90five, including your verification documents, please read our Privacy Policy disclosures.
15. Limited License
Unless otherwise stated, the Niklas Johannknecht / 90five Content including trademarks, service marks, copyrights, and intellectual property rights, are owned and controlled by Niklas Johannknecht / 90five under international convention and foreign laws. Niklas Johannknecht / 90five hereby grants you an unlimited license to download any of our intellectual property for your personal, non-commercial use only.
16. Third Party Content
The links and adverts posted on the website are third-party links and adverts ("Third Party Content") and are not under Niklas Johannknecht / 90five’s supervision or control. We do not warrant to you that the content of Third Party Contents are accurate, complete, or legal. Third Party Contents (including those sent to your email address) are provided to you for references only and should be checked for accuracy or completeness before relying on them. Niklas Johannknecht / 90five will not be liable to you for any loss you may incur from any Third Party Content you accessed or used through our website.
17. Disclaimer
To the fullest extent permissible under the applicable law, you hereby agree that your use of our website and services is done at your sole risk. Niklas Johannknecht / 90five provides the website and our services on an "as is" and "as available" basis and hereby disclaim all warranties and representations (implied or express), including but not limited to warranties of accuracy, merchantability, completeness, fitness for purpose, availability, title, and non-infringement. We do not warrant that the website, app, or automation will be error-free, totally secure, or non-interrupted. We further do not warrant that the information, materials, and tips on the website regarding investment activities do not constitute professional, investment, or financial advice, and that you will make independent research regarding the validity of any information or materials we post on the website.
18. Liability Limitation
To the fullest extent permissible under the applicable law, under no circumstances shall Niklas Johannknecht / 90five, our employees, affiliates, directors, stakeholders, and third-party service providers be liable to you for any direct, indirect, special, punitive, consequential, exemplary, accidental damages including damages of lost profit, goodwill, revenue, data, and other types of loss which may arise or result from your use of our website, services, and the information provided by us (even if Niklas Johannknecht / 90five has been advised or should have foreseen such damages occurring).
19. Indemnification
You hereby agree to release and indemnify Niklas Johannknecht / 90five, our employees, directors, affiliates, service providers, licensors, and associates from and against all claims, proceedings, court actions, lawsuits, demands, liabilities, damages, costs, expenses, or losses which may arise as a result or connected with your use of our Services, your violations of these Terms and other policies, or the violation of any applicable law or the rights of another individual or entity.
20. Our Actions on Violations
Niklas Johannknecht / 90five reserves the right, at our discretion, to seek any remedy or take actions available at law for any violation of our terms and conditions as described in these Terms. Remedy or actions may include but are not limited to the right to limit, suspend, or terminate your account and bar you from engaging with our website and services.
21. No Waiver
Should Niklas Johannknecht / 90five fail to exercise our rights regarding a violation of these Terms and other policies and agreements established by us, it does not constitute a waiver of our right to do so at a future time.
Last Updated: February 3, 2023