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Tandem's Terms of Service

Last modified 10.05.2022

Welcome to our Terms of Service! This page explains how Tandem operates as a service and what you can expect when you become a member of our community.

We recommend you read the statement in full before you register as a Tandem member, but here are the key points in brief (please note that this introduction is not legally binding, unlike the full contents of the Terms of Service below).

KEY POINTS

  • Tandem is a community for language learners. Our mission is connecting language learners from around the globe so they can teach each other and speak any language.
  • We expect members to uphold our community standards. We have a zero-tolerance approach to bullying, spam, harassment, discrimination, nudity or obscenity. Because we do not monitor messages or calls, there is a small chance you could encounter abuse through our service, and we highly encourage members to report abusive behavior directly to us via the report button. Reports are taken very seriously and usually lead to a ban from Tandem.
  • We are not responsible for the content of your calls and messages. We don’t monitor conversations or the content of the Services. But if we do see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our sole discretion to remove it or revoke access.
  • We reserve the right to ban accounts and remove content. We take our Terms of Service very seriously and violating it could result in revoked access, a deleted account or your content being removed from Tandem.

TERMS OF SERVICE

Welcome! By registering and by using our websites, services, our mobile applications, developer platform, or other information provided as part of the Services (“Service”), you agree that you are entering into a legally binding agreement with Tripod Technology GmbH, Bölschestr 21, D-30173 Hannover, Germany, http://tandem.net (“we”, “us”, “our”, “Tandem”) if the conditions described in more detail below are met (Registration and Contract). You also agree that these Terms of Service (“Terms”) govern your access to and use of the Services and any information appearing on the Services. Your access to and use of the Services is contingent on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. Your continued use our Services after any changes constitutes your acceptance of the new Terms of Use.

You can access, save and print the current Terms on the website or in the app and at any time during the registration or ordering process. We do not store this contract text after the contract has been concluded. The contractual language is English.

Your privacy and your ability to control your data is very important to us. Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us.

REGISTRATION AND CONTRACT

To fully use our Service and become a full member of our community, you must follow the steps described below.

Registration

First, you need to create a user account. You can register in our App or via our Website. To use our Service, you can register in a variety of ways, including using your Facebook account, Google account, WeChat account or email address. If you choose to sign in with your Facebook account, Google account or WeChat account, you authorize us with respect to access to or use of certain account information. For more information regarding the information we collect from you and how we use it, please see our Privacy Policy.

You register by accepting these Terms, entering certain personal data and information about yourself, and setting a password of your choice in a registration form provided by Tandem ("User Account"). When entering the relevant data, you can check whether there are any input errors and correct them. You can also view and change your entries later in the settings of your Member Account.

After you have submitted the completed registration form, you will receive an email from us to verify your email address. To enable the further steps, you have to click on the link in the email to activate your user account. You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your device. You can only register for one User Account. User Accounts must not be transferred to any other third party. With regard to your User Account, you must comply with these Terms, in particular note the points below: Service Eligibility and User Account Security; Registration and User Account Credentials.

We want to make sure that our community is safe and that the focus is on learning a language. That is why we check every registration individually. This can take some time. We also want to make sure that you can use our Service in a meaningful way. We aim to make sure that you find a language exchange partner, and there are sometimes waiting lists for this. After your User Account has been activated you will receive emails and push notifications from us informing you about our check of your registration and the next steps. You can only become a full member of Tandem after we have reviewed your application. We will send you an email if we need more information or if we have accepted your application.

In the interests of the security of our Service, also note our Community Guidelines, which are listed below (Community Guidelines and General Prohibitions) and which you must accept as part of these Terms. After we have reviewed your application, we will make you aware of our Community Guidelines one more time and you will have to accept them again separately in order to use our Service.

Paid Service

The use of some parts and features of the Service is subject to a payment. If you wish to use our paid Service, you must place a corresponding order with Tandem via your User Account. The provision of the option to take out a paid subscription on our website or app does not constitute a binding offer on our part to enter into a contract for the paid subscription program, but merely an invitation to make an offer to us. Your order constitutes a binding offer to conclude a corresponding contract. By submitting your order, you make a binding offer to conclude a contract.

The ordering process comprises the following steps: Selecting an option, checking and/or correcting the selection, entering the relevant data, selecting the payment method and bindingly sending the order by clicking an order button. Your offer only becomes binding for you and Tandem when Tandem confirms acceptance of the offer in an email ("order confirmation"). With this email, we accept your offer to conclude a paid subscription. This e-mail contains the essential features of your order as well as these Terms and Conditions.

You can access our paid Service by purchasing a subscription to our Service on the website or in the app through our subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone or iPad app, your purchase is subject to Apple's applicable payment policies, which may not provide for refunds. The purchase is final and we do not issue refunds either, unless you make use of your right of withdrawal as set out below (Right of Withdrawal, Effects of Withdrawal). If you purchase a subscription through the Google Play Store, your purchase is subject to Google's applicable payment policies, which may not provide for a refund. The purchase is final and we do not issue refunds; unless you make use of your right of withdrawal as set out below (Right of Withdrawal, Effects of Withdrawal). If you purchase through our subscription partners, the purchase may be further subject to those partners' terms and conditions and the payment and management of the subscription may be handled by the partners.

Tandem offers subscription options for one month, three months or one year (the "Subscription Period"). For the purposes of our monthly and annual subscriptions, a month consists of 30 calendar days and a year consists of 365 calendar days. The fee for the Subscription Period is paid in the form of a one-off advance payment. The subscription fee might vary based on your home country and other factors, such as the Subscription Period. The Subscription Period will be automatically renewed at the end of the respective subscription period ("Initial Term") for successive periods (each an "Extended Term") unless the subscription is cancelled. You may have access to a free trial subscription to Tandem, which will automatically be converted into a paid annual or monthly subscription after a certain period of time. In such cases, you can disable the automatic conversion by cancelling the subscription before it converts.

If you wish to change or cancel your subscription, you must log into your account with our subscription partner and follow the instructions to cancel or terminate your subscription, even if you have deleted your account with us or the Tandem app from your device. Deleting your user account or deleting the Tandem app will not terminate or cancel your subscription. If you terminate or cancel your subscription, you will be able to use your subscription until the end of the current subscription period and your subscription will not renew when the period expires.

OWNERSHIP, LICENSE AND WARRANTY FOR INFORMATION YOU SUBMIT

You own the information you provide under this Agreement, and may request its deletion at any time, unless you have shared information or Content with others and they have not deleted it, or it was copied or stored by other users. You understand that deleted Content may persist in backup copies for a reasonable period of time, but will not be available to others.

Additionally, you grant Tripod a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to our apps, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to the Services, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Services account profile information accurate and updated.

SERVICE ELIGIBILITY AND USER ACCOUNT SECURITY

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:

  • are 16 years of age or older;
  • are not currently restricted from Tandem. If we disable your User Account you will not create another one without our permission;
  • by connecting to Tandem with a social network (e.g. Meta / Facebook, WeChat, Google), you give us permission to access and use your information from these social networks as permitted by them;
  • are using your real name and identity in your profile and you will not provide any false personal information or create a User Account for anyone other than yourself without permission.
  • you will only maintain one Tandem User Account at any given time;
  • you have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
  • are not a convicted sex offender;
  • will not violate any rights, including intellectual property rights such as copyright or trademark rights.

REGISTRATION AND USER ACCOUNT CREDENTIALS

By signing up to our apps you agree to:

  • keep your password secure and confidential;
  • not permit others to use your account;
  • refrain from using other users’ accounts;
  • refrain from selling, trading, or otherwise transferring your account to another party or do anything else that might jeopardize the security of your account;
  • that you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.

You may control your user profile and how you interact with the Service by changing the settings in our app’s Profile page or by changing settings before posts are published. By providing us your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service or Service Notifications.

COMMUNITY GUIDELINES AND GENERAL PROHIBITIONS

We are working hard to keep Tandem a safe place for language learning and cultural exchange, without unlawful, misleading, malicious, or discriminatory content and conversations.

Therefore, by using Tandem you agree:

  • not to use Tandem to advertise any services and products you provide or sell commercially.
  • not to post, upload, publish, broadcast, stream, display, submit or transmit any text, words, statements, conversations, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, sexually explicit, nude, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances,
  • not to use Tandem to do anything unlawful, misleading, malicious, or discriminatory,
  • not to bully, abuse, harass, stalk, demean, threaten or discriminate any user,
  • not to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any user,
  • not to ask for or offer sexually explicit material, and/or material harmful to children,
  • not to discuss illegal activity, such as how to obtain or consume illegal drugs and how to make bombs,
  • not to solicit login information or access an account that belongs to someone else,
  • not to intercept or monitor, store, damage or modify any communication which is not intended for you
  • not submit or post unauthorized or unsolicited commercial communications (such as spam) or any communication not permitted by applicable law in our apps,
  • not to collect users’ content or information, or otherwise access the Services, using automated means such as harvesting bots, robots, spiders, or scrapers without our permission,
  • not to engage in unlawful multi-level marketing, such as a pyramid scheme, on our Services,
  • not to not upload viruses or other malicious code,
  • not to do anything that could disable, overburden, or impair the proper working of Tandem, such as a denial of service attack,
  • not to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; Not to utilize or copy information, content or any data you view on and/or obtain from the Services to provide any service that is competitive, in our sole discretion; not to adapt, modify or create derivative works based on Tandem or technology underlying the Services, or any individual element within the Services, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained in the Services, without our express written consent,
  • not to attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures, not to facilitate or encourage any violations of these Terms of Service.

Tandem reserves the right to decide what behaviors fall into these categories and will make reasonable efforts to deny access to users who do not comply with these Terms. However, Tandem does not guarantee you will not be connected to violators before they are banned. Please report abuse by clicking on the REPORT flow in the app, or by contacting us here: https://www.tandem.net/pages/contact-us.

You understand and agree that you may be exposed to User Content (as defined below) that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Tandem shall not be liable for any damages you allege to incur as a result of User Content.

CONTENT AND CONVERSATIONS

All content created or published by users, including topics, profiles, the content of video-, audio- or text chats and –conversations, as well as messages submitted through our app’s messaging feature (“Content“), is the sole responsibility of the person who originated such Content, whether publicly posted or privately transmitted. In particular, you are responsible for ensuring that your Content complies with the community guidelines and general prohibitions as set out in paragraph 4 of these Terms.

We reserve the right (but shall have no obligation) to decide whether any Content that you create or use complies with these Terms. We may in our sole discretion remove such Content and/or terminate these Terms and your user account if you publish or use any Content that is in breach of these Terms.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

By using the Services, you agree that any Content that you submit may be transmitted to the recipient of your communication. The Content of communications, especially of Video-, Audio- or Textchats is entirely the responsibility of the person from whom such Content originated and therefore you may be exposed to Content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The Content of communications may be protected by intellectual property rights, which are owned by third parties.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via our Services or endorse any opinions expressed using the Services. You understand that by using Tandem, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Tandem be liable in any way for any Content, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted via Video, Audio- or Textchat or otherwise made available via the Services or broadcast elsewhere.

QUALITY OF SERVICES

While we strive to provide a high quality communication platform, we cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of the Services.

DEVELOPMENT, MODIFICATION AND IMPROVEMENT OF THE SERVICE

We are constantly changing and improving our Service. As part of this, we may make adjustments or changes to some or all areas of the Service. For example, we may add or remove features, offer new services or discontinue obsolete services. We may also change the Service for the following other reasons: to adapt to new technologies; to accommodate an increase or decrease in the number of users of a particular product or service or feature; to accommodate important changes in licenses or partnerships with third parties; to prevent abuse or damage; to implement legal or regulatory requirements or security-related issues.

We also make legally required updates, i.e. changes that keep our Service legally compliant. We make these updates to our Services for security reasons and to ensure that they meet expected quality standards. Before we change or discontinue any part of the Service, we carefully consider the reasonableness of the changes, your interests and reasonable expectations, and the potential impact on you and others. We will only change or discontinue parts of the Service for justifiable reasons. If a change adversely affects your use of the Service, we will notify you in advance by email within a reasonable period of time. This email will contain a description of the changes, the date they are implemented and a notice that you have the right to terminate your contract with us if the changes have more than a minor adverse effect. This does not include urgent cases where the changes are made to prevent abuse or damage, to respond to legal requirements or to ensure the security and functionality of the Service.

SOCIAL MEDIA AND NETWORKING SERVICES

As a user of our Service you have the option of granting us access to your accounts on certain third-party social media and networking Services, e.g. Meta products such as Facebook or Instagram, TikTok, WeChat, Google or Twitter (each, an “SNS”) so that we can capture and make available on Services Content that you have stored in your account(s) with such SNSs (“SNS Content”). By granting us access to any such Member SNS Content, you understand that we will access, after you have reviewed the SNS Content accessed by our apps, make available and store (if applicable) such SNS Content so that it is available on the Services. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Services. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Services. Please note that if an SNS account becomes unavailable or an SNS terminates our app’s access to your SNS account(s), any SNS Content from that SNS will no longer be available on the Services. You have the ability to disable the connection between the Services and your SNS accounts, at any time, by accessing the “Settings” section of that SNS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.

TANDEM’S RIGHTS

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Tandem and its licensors. The Services are protected by copyright, trademark, and other laws of Germany, the United States and other countries. Nothing in the Terms gives you a right to use any of our trademarks, logos, domain names, and other distinctive brand features.

NOTIFICATIONS AND SERVICE MESSAGES

You agree that we may communicate with you through your account or through other means including email, push notifications or SMS / mobile messaging services. Please review your Settings to control what kind of messages you receive from Tandem. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information through or about the Services.

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for the Services. By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to us through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, expressed or implied, with respect to the Feedback; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Feedback already under consideration or in development; (e) you irrevocably assign to us all rights to your Feedback; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

NOTICE AND TAKE-DOWN

If we receive any notification that any material that you post, upload, edit, host, share, broadcast, stream, transmit and/or publish on the Services (“User Submission”) is inappropriate, infringes any rights of any third party, or if we wish to remove your User Submission for any reason whatsoever, we reserve the right to remove such User Submission for any reason immediately or within such other timescales as may be decided by us in our sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Tandem is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately using the in app feature or by contacting us via email: https://www.tandem.net/pages/contact-us.

TRADEMARKS

“Tandem”, the Tandem logo, and any other product or service name or slogan displayed on our Services are trademarks of Tripod and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or the permission of the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Tandem” or any other name, trademark or product or service name of Tripod without our prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tripod and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Tandem names or logos mentioned in our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

TERMINATION AND ACCOUNT CANCELLATION

The term of the Contract shall commence on the date specified in the order confirmation. In principle, the Contract shall remain in force for an indefinite period unless terminated in accordance with these Rules. With regard to the paid Service, it shall remain in force for the duration of the Initial Term specified therein. The Initial Term will automatically renew for successive periods (each an Extended Term) unless you or Tandem terminate the Agreement in accordance with these Rules.

The prices of our paid services depend on which subscription model you choose. They will be clearly displayed before you make a binding offer. There are no other additional costs.

We will have the right to suspend or disable your Account or terminate these Terms of Service, at our sole discretion, without prior notice to you and without recourse to the courts, if you breach any of these Terms of Service or if we decide to cease offering the Services to users in your jurisdiction generally. We reserve the right to revoke your access to and use of the Services at any time, with or without cause.

In the event we terminate these Terms of Service for your breach, you will remain liable for all amounts due hereunder, to the extent that there are amounts outstanding and payable to Tandem.

You may cancel your Account at any time by using the ‘delete account’ feature or by contacting us here: https://www.tandem.net/pages/contact-us.

RIGHT OF WITHDRAWAL

Consumers have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. This right of withdrawal is excluded pursuant to § 312g Abs. 2 Nr. 9 BGB, if the Service is to be provided in connection with the Consumer’s leisure activities on a specific date or during a specific period. To exercise the right of withdrawal, you must inform us

Tripod Technology GmbH
Bölschestr 21
30173 Hannover
Germany
[email protected]

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin with the performance of services during the withdrawal period, you should pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the contract, in comparison with the full coverage of the contract.

Model withdrawal form according to Annex 1 B to Directive 2011/83/EU

(Complete and return this form only if you wish to withdraw from the contract

To Tandem / Tripod Technology GmbH, Bölschestr 21, 30173 Hannover, Germany (via email: [email protected])

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.

ordered on (*)

name of consumer(s);

address of consumer(s);

signature of consumer(s);

(only if this form is notified on paper); date


(*) complete as appropriate

WARRANTIES

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TANDEM AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Services, will create any warranty not expressly made herein.

If you are a consumer resident in the European Economic Area (EEA) and you have agreed to our Terms of Use, you are covered by a statutory warranty under consumer laws applicable in the EEA in respect of the digital content or services we provide to you. Under this warranty, we will be liable for any defect you discover, subject to the following conditions: You discover the defect within two years of the one-time provision of digital content or services; You discover the defect at any time during the "continuous" provision of digital content or services.

The laws of your country may provide for an even longer warranty. Your rights under such statutory warranties are not limited by any other commercial warranties we provide. If you wish to make a claim, you can contact us here https://www.tandem.net/pages/contact-us.

LIMITATION OF LIABILITY

Tandem is liable for intent and gross negligence. Further, Tandem is liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the contractor may rely on. In the latter case, Tandem is only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents. The aforementioned exclusions of liability do not apply in case of damage of life, body and health or in case of a warranty. The liability pursuant to the product liability law remains unaffected.

WAIVER AND SEVERABILITY

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

ENTIRE AGREEMENT

These Terms and our Privacy Policy are the entire and exclusive agreement between Tandem and you regarding the Services (excluding any services for which you have a separate agreement with Tripod that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Tandem and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be here https://www.tandem.net/pages/termsofservice. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

ODR / CDR

The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/. We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

DISPUTE RESOLUTION

Law and Forum for Legal Disputes: This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of Germany, regardless of your country of origin or where you access the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Tripod agree that all claims arising out of or related to this Agreement must be resolved exclusively by court located in Hannover, Germany, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. Notwithstanding the above, you agree that Tandem shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Arbitration Option: For any claim (excluding claims for injunctive or other equitable relief), Tripod may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Tripod elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider appointed by the Chamber of Industry and Commerce (“Industrie und Handelskammer”) in Hannover, Germany. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be mutually agreed by the parties; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final.

MISCELLANEOUS

You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with us. If these Terms refer to written form, text form according to section 126b BGB (for example via email) shall be sufficient.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, the Services for any third party that assumes our rights and obligations under this Agreement.

You may have rights or obligations under local law other than those enumerated here.

This agreement and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods (CISG). The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

Place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be the registered office of Tandem. ts or obligations under local law other than those enumerated here.

You can reach us here: https://www.tandem.net/pages/contact-us, or via postal service or courier at

Tripod Technology GmbH
Bölschestr 21
30173 Hannover
Germany