§ 1 Scope and provider
1. the following terms and conditions apply to the use of the website Tentary (hereinafter optionally referred to as "website" or "Tentary"). In order to use the Website, it is important that you, as a user, accept the following terms.
3. The subject matter of Tentary is as follows: Tentary.com is an online platform that allows users (also referred to as "sellers") to sell digital products quickly, easily and securely. Products are sold in the Sellers' own name and for their own account. Tentary takes over the processing of orders, the handling of transactions, the creation of invoices (in the name of the seller) and the delivery of the products sold by the seller to the respective buyer.
4. The offer of Tentary is exclusively directed to sellers who are entrepreneurs in the sense of § 14 BGB.
§ 2 Contact details and legal information
If you have any questions regarding our website, you can reach us at the following contact details:
Tentary UG (haftungsbeschränkt)
Responsible for editorial content according to § 55 paragraph 2 RStV:
Gerrit Tebrake, St.-Cajetan-Str. 25, 81669, München
Managing director: Gerrit Tebrake
VAT number: DE355688449
§ 3 Availability of the website
1. Tentary has an availability of 24 hours a day. However, there may be interruptions in availability due to maintenance required for the system. Interruptions in availability may occur due to force majeure or other causes beyond Tentary's control, such as intent or gross negligence.
2. Tentary points out that it is technically impossible to provide the website free of errors of any kind and that Tentary therefore accepts no responsibility whatsoever for the fact that errors may lead to the temporary shutdown of the website, that the availability of these web pages is dependent on conditions and services outside the control of Tentary. We are not responsible for any disruptions falling into this area.
§ 4 Discussion forums
To the extent that Tentary offers discussion forums, either temporarily or permanently, on its websites, participants in the discussion forums are expected to observe the usual rules of communication, such as mutual respect. Visitors may not distribute or post any offensive, possibly derogatory, foul, indecent, defamatory or obscene material or material that infringes the intellectual property rights of others.
§ 5 Electronic communication
When you use a Tentary service or send email, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including through email, text messages, or by posting electronic messages or other communications on our website or as part of other Tentary services. For contractual purposes, you agree to receive electronic communications from us and that all consents, notices, disclosures and other communications that we communicate to you electronically do not, to that extent, require a writing unless mandatory applicable law requires another form of communication.
§ 6 Copyright and database rights
1. All content included in or provided through any tentary service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of tentary or third parties supplying content or making it available on the site, and is protected by German copyright and database right laws.
2. The entire body of Content included in or provided through any Tentary Service is the exclusive property of Tentary and is protected by German copyright and database right laws.
3. you may not systematically extract and/or reuse any portion of a Tentary service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of any Tentary Service without https://www.tentary.com's express written consent. You also may not create and/or publish your own database that features substantial (non-material) parts of any Tentary service without https://www.tentary.com's express written consent.
§ 7 Patents
All patents applied to Tentary are also applicable to all of Tentary's services and other products. It may happen that the respective patents are operated under one or more patents.
§ 8 Your account
1. Access to some (paid) services of the website requires the creation of an account.
2. The creation of an account is allowed only to persons of full legal capacity, to whom the registration form on the website https://www.tentary.com is provided and who are entrepreneurs in the sense of § 14 BGB.
3. The user undertakes not to provide false information about his person. Furthermore, the User agrees to check his/her information regularly to ensure its accuracy.
4. If you use any Tentary service, you are responsible for ensuring the confidentiality of your account, password and for restricting access to your computer and mobile devices. To the extent permitted under applicable law, you agree to be responsible for all activities that occur through your account or password. You should take all steps necessary to ensure that your password is kept secret and secure, and you should notify us immediately if you have reason to be concerned that a third party has obtained knowledge of your password or that the password is being, or is likely to be, used in an unauthorized manner. You are responsible for ensuring that the information you provide to us is accurate and complete, and for notifying us of any changes regarding the information you provide. You may view and update some of the information you have provided to us on our website.
5. User may subsequently change their username and password at any time.6. You may not use any Tentary service in a manner that is likely to interrupt, damage, or otherwise impair Tentary's services or access.
7. Further, you may not use Tentary's services for fraudulent or in connection with a criminal offense, unlawful activity, harassment, or inconvenience.
8 We reserve the right to withhold services from you on the Site or to terminate Member accounts. This is especially true in the event that you violate applicable law, contractual agreements, or our policies.
9. Users of this website may delete their account at any time by submitting a message through the contact form. The user's account will be deleted after the user completes and submits the form. The period of deletion of the account from our website is 14 days.
§ 9 Offer preparation
1. sellers provide products (also services) for purchase by customers by publishing a sales page.
2. The seller is responsible for the content and presentation of its products. This applies in particular (a) to the texts, images, videos and audio files used and (b) to the products (including services) offered for purchase by the seller. The seller is responsible for ensuring that the offers created by him do not violate applicable statutory provisions and the rights of third parties and that their distribution does not violate copyrights and ancillary copyrights, industrial property rights (such as trademark, patent, utility model and design patent rights) and other rights (such as rights to a name and personal rights) or offend common decency.
§ 10 Claims arising from intellectual property rights
Tentary respects the intellectual property rights of others. If you believe that your intellectual property rights have been used in a manner that gives rise to a concern of infringement, please follow our infringement notification procedure at https://www.tentary.com.
§ 11 Liability
1. We always try to ensure that Tentary's services are available without interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to Tentary's services may occasionally be interrupted or limited to allow for repairs, maintenance, or the introduction of new facilities. We will attempt to limit the frequency and duration of any such temporary interruptions or limitations.
2. Tentary's liability is unlimited to the extent that the cause of damage is based on an intentional or grossly negligent breach of duty by Tentary or a legal representative or vicarious agent of Tentary.
3. Furthermore, Tentary is liable for the slightly negligent breach of essential obligations. Essential obligations are obligations whose breach endangers the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you regularly rely. In this case, however, Tentary shall only be liable for the foreseeable, contract-typical damage. Tentary is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
4. The preceding limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
5. As far as the liability of Tentary is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
6. Tentary is not liable for the content provided by users of the platform (also called sellers). Sellers only provide products (including services) for purchase that do not violate applicable laws and third party rights and whose distribution does not violate copyrights and ancillary copyrights, industrial property rights (such as trademark, patent, utility model and design patent rights)and other rights (such as name and personality rights) or offend common decency. The responsibility for compliance lies with the seller.
§ 12 Links to other websites
1. For links that are not operated by Tentary and are located on their website, we have no way to control the content of this website, as it is completely independent from us.
2. For this reason, we do not assume any responsibility for the content of these websites and the consequences of their use by visitors to them. Accessing all websites accessible via links is at your own risk. There is no separate notice when users leave the website. However, we ask you to notify us immediately of any illegal or dubious content of the linked website.
§ 14 No waiver
§ 15 Minors
The use of our website is permitted only to persons of full legal capacity. If you are under 18 years of age, you may not use Tentary. The provider of the website is entitled at any time to ask the user to prove that he has reached the age of 18.
§ 16 Place of Jurisdiction and Applicable Law
1. The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes on the occasion of this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law shall be the registered office of the supplier.
§ 17 Final provisions
1. The language of this contract is English. It has been translated from its original German version. In case of uncertainty, the German version takes precedence. Tentary is located in Germany.
4. The invalidity of any provision shall not affect the validity of any other provision under the Agreement. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.
5. The following appendices are part of the contract: Data processing agreement (GDPR)
As of November 2022