The following General Terms and Conditions govern the contractual relationship between ChurchTools Innovations GmbH, -Waldstrasse 63, 76133 Karlsruhe (hereinafter referred to as “ChurchTools Innovations”) and the natural persons, legal entities and legally responsible partnerships (hereinafter referred to as “users”) who wish to register for the use of the ChurchTools platform.The ChurchTools platform is available to both consumers and business customers (as explained below). For the purposes of these Terms and Conditions, (i)”consumers” are users who are not business, commercial or self-employed (§ 13 BGB) and (ii)”business customers” are users who use ChurchTools in the exercise of their business or independent professional activities (§ 14.1 BGB).Any terms and conditions of the users do not apply, regardless of whether ChurchTools Innovations has expressly rejected them in a special case or not. The terms used here such as user, consumer, etc. include both genders.
1.1 ChurchTools Innovations operates the platform ChurchTools to offer the user the possibility to perform administration tasks in his church/ministry in a secure way. This includes, among other things, the collection, processing and storage of personal data, group affiliations, rota planning, calendar planning, resource planning, song management and budget planning. In addition, ChurchTools Innovations will develop additional features, services and offerings to enhance the user experience (hereinafter referred to as “service”).
1.2 Limited by license only, the user may grant access to ChurchTools to any person from his church or ministry (hereinafter referred to as “co-users”) and restrict such access by means of the permission management.
1.3 The user has the possibility to run a ChurchTools installation himself (self hosting) instead of an operation by ChurchTools Innovations (hosting). In both cases, the End User License Agreement (EULA) applies, which can be viewed on the ChurchTools Innovations website.
1.4 ChurchTools Innovations reserves the right to change, restrict, interrupt or discontinue the provision of the services at any time. In such a case, ChurchTools will inform the users in advance if possible. Further use after an amendment corresponds to approval of these amendments.
2.1 In order to use ChurchTools, the user must register and provide information such as church/ministry name and contact details (name, e-mail, telephone number). This data is stored internally by ChurchTools Innovations.
2.3 The user may allow other persons (“co-users”) to access his ChurchTools installation. ChurchTools Innovations has no influence on this. The user must himself ensure that no data protection regulations are violated.
2.4 A user is free to remove his data from ChurchTools or to cancel his ChurchTools installation at any time.
2.5 ChurchTools Innovations reserves the right to delete a user’s ChurchTools installation if he uses a free license and does not use the ChurchTools installation within 6 months and has not continued his activities within 6 weeks after ChurchTools Innovations has contacted him at the e-mail address provided upon registration.
3.1 All data requested during the registration process must be provided in full and correctly if the requesting of such data does not violate any data protection law(s).
3.2 All ChurchTools accesses must be protected with a password. Users and co-users must take all necessary steps to ensure password confidentiality. Every user is obligated to notify ChurchTools Innovations immediately at firstname.lastname@example.org if there are indications that administrator accounts (account with the right to change the administration settings and adjust the license) of the ChurchTools installation are misused by third parties.
4.1 Any content that a user or co-user wishes to store and share in ChurchTools must comply with these conditions and, in particular, must not contain any prohibited content as listed in section 6.
5.1 ChurchTools Innovations does not claim ownership of content stored in ChurchTools.
5.2 ChurchTools Innovations does not store user data or user profiles for the purpose of selling or making them available to other companies.
6.1 The user and the co-users make use of ChurchTools in accordance with these terms and conditions and the applicable laws. Any inappropriate or illegal use is prohibited. In particular, the following is strictly prohibited:
6.2 Upon becoming aware of any unauthorized use, ChurchTools Innovations reserves the right to delete or remove any content that ChurchTools Innovations deems to be unacceptable or inappropriate or that violate the rights of third parties and applicable laws or appear to be unacceptable or inappropriate for any other reason.
6.3 ChurchTools Innovations is entitled to lock the user’s ChurchTools installations temporarily or permanently if ChurchTools Innovations has any concrete reason to believe that the user violates these terms and conditions, the rights of third parties or applicable law. In the event of permanent blocking or deletion, the user cannot open a new ChurchTools installation and cannot make use of any other existing account.
7.1 The user is solely responsible for his ChurchTools account. He ensures that he will use the service in accordance with these terms and conditions. In particular, the user warrants that he will not use ChurchTools in any unauthorized way as explained in section 6.
7.2 The user shall immediately notify ChurchTools Innovations of any interference with these terms and conditions or any unauthorized use of ChurchTools Innovations by third parties that becomes known to the user.
8.1 The user shall indemnify ChurchTools Innovations, its representatives, employees and contractors against all losses, damages, expenses, costs, processes, claims, legal proceedings, litigation, lawsuits, suits and liability claims brought by third parties against ChurchTools Innovations due to acts or omissions in connection with (i) the conduct of the user and co-users within the service and the content, (ii) a violation of the warranties and responsibilities of the user or co-users pursuant to Sections 7 and (iii) of the exercise or claimed exercise of the rights of ChurchTools Innovations under these Terms.
8.2 This indemnification does not apply to claims of third parties resulting from ChurchTools Innovations’ failure to delete or block content immediately after becoming aware that it violates the rights of third parties.
8.3 If such claims are to be enforced by third parties, the user shall provide ChurchTools Innovations with all information available to ChurchTools Innovations for the purpose of verifying the claim and defending against it. The user provides this information immediately, truthfully and completely.
9.1 ChurchTools Innovations is not obliged to make the service available to the user. The user has no claim to the services and is not authorized to grant rights.
9.2 ChurchTools Innovations is unable to control or monitor content and will not do so. ChurchTools Innovations is not responsible for the availability, accuracy, completeness, actuality and the legality of content. ChurchTools Innovations is not liable for the misconduct of users, co-users or third parties.
9.3 ChurchTools Innovations will undertake all efforts to provide a durable and powerful service in cooperation with its partners and data processing centers. Potential breakdowns due to malfunctions or maintenance work must be expected; these do not represent a lack of performance. ChurchTools Innovations cannot guarantee that its website or software is free of viruses or other harmful components. The use of the services and the specifically provided functions are provided “as is”. ChurchTools Innovations is free to change these at any time. Such changes do not constitute a lack of performance.
9.4 ChurchTools Innovations shall not be liable under these terms and conditions for failure to provide timely service due to events beyond its control. These include, among other things, the occurrence of force majeure, computer viruses, acts of terrorism, public turmoil, war, strikes, fire, power outages or epidemics.
9.5 ChurchTools Innovations shall not be liable for any loss or damage incurred by users in connection with (i) their content or (ii) the exercise or alleged exercise or failure to exercise any of their rights or obligations under these terms and conditions, unless: in cases of damage to life and body, warranty for the quality of a product or service, and fraudulent concealment of defects by ChurchTools Innovations, its representatives, employees, agents and contractors; or as far as the user is also a consumer – such losses or damages are caused by gross negligence or intent on the part of ChurchTools Innovations, its representatives, employees, vicarious agents or agents; or such losses or damages are caused by the violation of a fundamental contractual obligation by ChurchTools Innovations, its representatives, employees, vicarious agents or agents, which is indispensable for the proper performance of the contract and thus jeopardizes the achievement of the contractual objective and, insofar as the user is a business customer, such losses or damages are foreseeable at the time of the violation.
9.6 The limitation and/or restriction of liability by ChurchTools Innovations also applies to the personal liability of its representatives, employees, contractors and agents.
10.1 Please note that these Terms of Service are subject to change. You should visit this page periodically to review the Terms of Service. In the event of objection, the ChurchTools installation will be deleted at the time the new terms and conditions come into effect.
10.2 These General Terms and Conditions are subject solely to the laws of the Federal Republic of Germany and exclude the UN Convention on Contracts for the International Sale of Goods (CISG) regardless of the conflict of laws provisions applicable at the place of residence of the consumer or business customer.
10.3 As far as business customers are concerned, the registered office of ChurchTools Innovations shall be the exclusive place of jurisdiction for all disputes arising from these terms and conditions, unless mandatory other procedures are provided for by law.
10.4 If any clause of these terms and conditions proves to be invalid, ineffective or unenforceable in whole or in part, the validity and enforceability of the remaining clauses shall not be affected thereby.