contentpass Terms and Conditions
We are pleased that you have chosen contentpass. Data protection is important to us at contentpass. For this reason, we have created this service, which allows you to read online publications free of advertising and tracking as possible.
Below we present our Terms and Conditions, which describe our service and your rights in more detail. Please read these Terms and Conditions, our Privacy Policy and any other notices and conditions referred to herein carefully.
1. Scope of application, general
The contentpass is a service of Content Pass GmbH, Wolfswerder 58, 14532 Kleinmachnow, Germany (hereinafter „contentpass“, „we“, „us“, „our“), (AG Potsdam HRB 29401 P).
The following Terms and Conditions („T&Cs“) apply to our fee-based contentpass (advertising- and tracking-free visiting of websites; for more details see 3.1. and 3.2). Excluded from this are services of so-called third party services, which are marked as such accordingly and are not offered by us, but by a third party.
Your contract with us includes these T&Cs, our privacy policy and any other terms and conditions accepted by you.
Our contentpass can only be used by private individuals, i.e. consumers in the sense of § 13 of the German Civil Code (BGB). A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
2. Amendment of the T&Cs
These TOS may be amended and modified by us from time to time for justifiable reasons, such as when necessary in the course of improving our service and adding additional features or as a result of scientific and technical advances.
If we change or adapt the T&Cs, we will inform you of this in good time, i.e. at least four weeks before it comes into force, as well as of your special right of termination (see below 7.2 Special right of termination) and the consequences of a termination not received in good time.
3. Our Service
3.1. General
We enable you to visit the participating digital offers such as websites and apps (of our contractual partners, hereinafter referred to as „Publishers“) free of advertising and tracking. In this context, advertising- and tracking-free means that when you use our service while visiting the Publisher's offer, no third party components or services are used which have the aim of storing and using your personal data or behaviour. You pay us and we pay the Publishers out of our revenue. You are recognised as a user of our service by the Publisher and can visit their offers without advertising or tracking.
Such components or services are usually cookies, advertising trackers or plugins that regularly, but not exclusively, require your consent. The components and services could create user profiles from you, for example, and even across a variety of websites.
By using our service, the use of such components and services is prevented so that you are regularly not visible to third parties when visiting participating websites.
3.2. Exclusion of Publisher Components
Please note that advertising and tracking components for offers of the Publisher itself or other services of the Publisher are not technically prevented by our service. Among other things, advertising for the publisher's own products and the analysis of website usage for statistical purposes or to improve the offer by the website operator will still be possible. You can find more information on this in the privacy policy of the respective publisher, if applicable.
3.3. Availability of our Service
We maintain our service up to 99.5% operational on an annual average. We warrant that we will use reasonable endeavours to ensure that you receive the advertising and tracking freedom booked with our service to the extent we specify. This does not include scheduled maintenance periods, which will be announced in a timely and reasonable manner.
We are not responsible for the functionality of the Participating Publisher's site. We do not guarantee the functionality and availability of the respective Publisher's site. Please contact the respective Publisher regarding these malfunctions.
4. Use of the contentpass account
4.1. Creating a contentpass account
4.1.1. In order to participate in our service, you need a contentpass account. You can either create this account directly via the contentpass website or you will be directed to us from a participating website. For the creation of an account we only need
- your email address,
- a password for your account and
- for tax reasons, the country of your permanent residence.
4.1.2. Your email address will also be used to verify your registration by sending you an email to confirm the creation of your account, in which we will ask you to confirm by means of a code. Once you have confirmed your registration, your account will be created immediately and you will receive a confirmation from us. Immediately after confirmation of the creation of your contentpass account, you can log in to your account or automatically visit the participating website free of advertising and tracking.
4.1.3. We reserve the right to delete multiple registrations.
4.2. Function and administration of the contentpass account
In your contentpass account you can manage your subscriptions booked with us. This means that you can terminate the subscription directly via your account.
At the same time, you can change, enter and manage your email address and password as well as optionally other personal data in your account. If you wish to receive an invoice, you can also specify this option in your account and download the invoice in your account. For the option of invoicing by us, please see 6. Invoice.
You are obliged to keep your log-in data, in particular your password, secret. The use of the account (so-called account sharing) by third parties is not permitted. You are obliged to report any unauthorised use of your contentpass account as well as any other violation of the security regulations to us immediately.
4.3. Deletion of the contentpass account
You can delete your account with us independently at any time on your account page. The prerequisite for deletion is that you do not have a current subscription with us at the time of the intended deletion or that the term of your most recently concluded subscription has expired.
5. Remuneration, payment, method of payment
5.1. Compensation
You pay a monthly subscription fee for the use of our service, which depends on how many digital offers participate in contentpass.
5.2. Payment
The remuneration is payable monthly in advance and will not be refunded, even partially, if you do not wish to use the Service.
You may use our paid contentpass by (1) paying a subscription fee monthly in advance or (2) by making an upfront payment that gives you access to our paid service for a specified period of time.
5.3. Payment method
contentpass users can choose between the following payment methods to pay for their subscription:
- Credit Card Payment (Visa/Master Card)
- Paypal
- SEPA Direct Debit
For payment processing we use the services of Stripe and Paypal. You can find more information about Paypal here.
Please also refer to our privacy policy regarding the specified payment options and with regard to the use of Stripe.
6. Invoice
If you need an invoice from us, you can activate this option in your account (see 4.2 Function and management of the contentpass account). For an invoice, we need your postal address, which you can store in your contentpass account. We charge a handling fee for sending invoices by post.
You can download the invoice conveniently and free of charge in your contentpass account.
7. Term, Termination, Right of Cancellation
7.1 Term and Termination
The contract comes into effect on the day of registration and upon full payment of the first monthly fee. The contract period is one month at a time and the contract is automatically extended by a further month at a time if it is not terminated by you via your account or in text form (e.g. by email) or by us in text form (e.g. by email) two days before the end of the month. We may terminate the contract for cause or block your access to our contentpass for cause. Your right to terminate for cause remains unaffected.
7.2 Special right of termination
If you do not agree with the application of the adapted or amended General Terms and Conditions, you have a special right of termination. You are entitled to terminate the contract no later than two days before the change comes into force. If the contract is not terminated or is not terminated in due time, the contract shall be continued subject to the new adjustments or amendments.
7.3 Right of withdrawal
Provided you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you have the following right to revoke the booking of a paid subscription.
You have the right to cancel a booked subscription within 14 days and without giving any reason. The revocation period is 14 days from the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (Content Pass GmbH, Wolfswerder 58, 14532 Kleinmachnow, Germany, support@contentpass.de of your withdrawal by means of a clear statement (e.g. preferably by email, by post by letter).
You may use the sample provided by us for this purpose, but this is not binding.
Model withdrawal form
(If you wish to cancel the contract, please complete and return this form, either to our postal address or to support@contentpass.de.)
To the
Content Pass GmbH
Wolfswerder 58
D-14532 Kleinmachnow
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
Date
________________________
(*) Delete inapplicable.
8. Limitation and changes to the service
Due to technical progress and ever-changing circumstances, it may be necessary to carry out maintenance work, tests and updates on our contentpass services. Despite our best efforts, technical difficulties in the provision of our services can never be completely ruled out. Due to the aforementioned circumstances, temporary disruptions of our services may nevertheless occur from time to time. The scheduled maintenance periods and the accompanying temporary disruptions are not subject to the availability specified in 3.3. Availability of our service.
Nonetheless, we will always endeavour to provide you with our Service to your fullest satisfaction. We will use reasonable efforts and measures to keep our services operational.
9. Privacy Policy
Please note our privacy policy on the handling of personal data provided to us in the context of the use of the contentpass account.
10. Limitations of Liability
We shall be liable exclusively for intent and gross negligence, as well as for the breach of cardinal obligations or due to injury to life, limb or health by us, our vicarious agents or our vicarious agents. Insofar as we are liable for the breach of cardinal obligations, the claim for compensation for financial loss and damage to property shall be limited to the typically foreseeable damage.
This limitation of liability shall apply mutatis mutandis to claims in tort.
Liability under the Product Liability Act remains unaffected. „Cardinal obligations“ are those obligations which are necessary for the proper performance of this contract in the first place and on whose compliance the user regularly relies and may regularly rely.
11. Choice of Law
All disputes arising in connection with the use of the contentpass' or with the use of the contentpass account shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
