Terms of Service

The Services (as defined herein) and Terms of Use are provided by Awescode GmbH.

ANY USERS WHO DO NOT AGREE WITH THESE TERMS OF USE SHOULD NOT USE THE SERVICES! THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, A GOVERNING LAW PROVISION FOR THE GERMAN COURT IN DÜSSELDORF.

Part I – Definitions, Agreement to be Bound.

1.1 Definitions.

References to the “Booking Services” mean those appointment-scheduling services made available by us through the EasyWeek Application.

References to the “EasyWeek Application” mean any mobile, web, or voice software application related to the Services designed, developed, and/or made available by us and available through the iTunes and Google Play stores as well as other third-party services, including but not limited to Amazon Alexa and Google Home.

References to the “EasyWeek Site” mean the website bearing the URLhttps://easyweek.ioand all affiliated websites owned and operated by Awescode GmbH, our subsidiaries, and related companies.

References to the “Commercial Content” mean content which advertises or promotes a commercial product or service.

References to a “Customer” mean any person or entity who uses the EasyWeek Application, EasyWeek Site, or a Third-Party Platform as defined in Section 3.8 to schedule an appointment, manage appointments, browse health-, beauty- and wellness-related content and services, and/or pay for services rendered, whether said individual registers directly for the use of the EasyWeek Application or is added by an SMB through whom the Customer obtains services.

References to “Dispute” mean any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms), including, without limitation, any action in tort, contract, or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms contemplated by the Terms.

References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.

References to the “Services” mean, collectively, any and all services offered by us, including but not limited to (1) the EasyWeek Site, (2) the EasyWeek Application, (3) the Payment Services, (4) the EasyWeek Card Reader, (5) a Tap to Pay subscription; and (6) any other services or features made available by EasyWeek through the EasyWeek Site, Payment Services, EasyWeek Card Reader, Tap to Pay subscription, or EasyWeek Application.

References to a “SMB” mean a small or medium business and seller of goods, services, or products who use the Services to allow Customers to book, manage, view, and cancel appointments.

References to the “Terms”, “Terms of Use” and/or “Agreement,” mean these terms as set forth herein.

References to “us,” “we,” “our,” and/or “EasyWeek,” refer to Awescode GmbH, Speditionstraße 1, 40221 Düsseldorf, Germany, and all its designated agents, employees, and subsidiaries within the European Union. For the avoidance of doubt, the entity to which you provide implied consent through your use of the Services depends on your place of residence and location of use of such Services.

References to “you,” and/or “User” mean the User of the Services, whether as an SMB or Customer.

1.2. Agreement to be Bound.

The following Terms of Use, together with the relevant information set out on the Services, including any features and services available, are subject to the Terms of Use set forth below. Please read them carefully as any use of the Services, whether directly through us or via a Third-Party Platform, constitutes an agreement, without acceptance, to be bound thereby by the User. By accessing or using the Services or clicking “accept” or “agree” to this Agreement, you represent (1) that you are at least eighteen (18) years old (and in some jurisdictions twenty-one (21) years old), (2) are not prohibited by law from accessing or using the Services, (3) you have read, understand, and agree to be bound by this Agreement, and (4) you have authority to register an SMB and act on its behalf.

These Terms of Use are subject to the Privacy Policy, which also governs your use of the Services. Our Privacy Policy is available here:octopus@easyweek.io. In addition, each SMB and Third-Party Platform shall have their own Terms of Use, which bind all Customer/SMB transactions.

The Parties acknowledge and agree that each SMB, Customer, Third-Party Platform, subsidiary, parent, and affiliate of us shall be a third-party beneficiary to the Terms of Use and that such other persons and/or companies shall be entitled to directly enforce and rely upon any provision of these Terms of Use which confers a benefit upon them. No other parties shall be third-party beneficiaries to these Terms of Use.

Part II – General Provisions.

2.1. About Us; EasyWeek not Vendor; No Endorsement.

At its core, EasyWeek acts as a software as a service to allow its Users to book, manage, view, and cancel appointments. In addition, the EasyWeek platform and all related EasyWeek applications allow Users to browse, view, and review content and potential service providers for health, wellness, and beauty-related services. EasyWeek does NOT have control over (1) the quality, safety, morality, or legality of any aspect of any Services offered by SMBs using our Services, (2) the truth or accuracy of the listings or directory information provided to us by SMBs, (3) the timeliness or accuracy of any SMB appointment calendar, (4) the ability of SMBs to provide Services booked, (5) the identity of any SMB or Customer, or (6) the ability of Customers to pay for Services. We do not and cannot ensure that an SMB or Customer will actually complete a transaction. If you rely on any of the information provided by or on the Services, you do so solely at your own risk.

You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers. IN ALL INSTANCES EXCEPT WHERE NOTED, ALL SALES AND SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY SMBS WITH WHOM A CUSTOMER DIRECTLY CONTRACTS. AT NO TIME WILL A CUSTOMER/MERCHANT RELATIONSHIP EXIST BETWEEN US EXCEPT AS EXPLICITLY NOTED. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.

2.2. Accuracy, Completeness, and Timeliness of Information.

We are not responsible if information made available on the Services is not accurate, complete, or current, including but not limited to the corporate information of an SMB, calendar availability, and bookings made.

2.3. Errors in the Services.

If you encounter any error in the service, let us know atoctopus@easyweek.io. We do not warrant that any errors in the Services will be corrected.

2.4. Modifications and Changes to Terms of Use.

EasyWeek may update or revise this Agreement (including any EasyWeek Policies) from time to time at its sole discretion and without limitation upon notice of the same via posting to the Services and/or the emailing of a notice to our registered Users. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or SMB Account (as defined below). Except as otherwise expressly stated by EasyWeek, any use of the Services (e.g., the use of the Booking Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.

2.5. Modifications and Changes to the Services.

We may modify, add to, suspend, or delete any aspect of the Services, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. If you do not agree to such modifications to the Services, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or SMB Account (as defined below). Except as otherwise expressly stated by EasyWeek, any use of the Services (e.g., the use of the Booking Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.

2.6. Access to Website or the Services.

Though we try to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned downtime for maintenance, we do not warrant that the Services will be at all times available.

Use of the Services requires Internet access through your computer, mobile device, tablet, or other internet-accessible device as allowed by EasyWeek. You are responsible for all mobile carrier charges resulting from your use of the Services, including any notifications provided by the Services. EasyWeek does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the EasyWeek Site, and some features and portions of the Services (including, but not limited to, making, modifying, or canceling appointments) may not be accessible with JavaScript disabled.

2.7. Right of Refusal, Limitation, Discontinuation, and Termination.

We reserve the right to refuse to provide access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Account or an SMB Account (as defined below) for any reason whatsoever. In the event that we make a change to or cancel an Account or an SMB Account (as defined below), we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account or SMB Account (as defined below) was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account or SMB Account (as defined below) termination.

2.8. Prohibited Uses of the Services.

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international or governmental regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services; (l) take any action that imposes or may impose (in EasyWeek’s sole determination) an unreasonable or disproportionately large load on the Services or EasyWeek’s infrastructure; (m) rent, lease, copy, provide access to or sublicense any portion of the Services or EasyWeek Materials (as defined below) to a third party; (n) use any portion of the Services or EasyWeek Materials (as defined below) to provide, or incorporate any portion of the Services or EasyWeek Materials (as defined below) into, any product or service provided to a third party; (o) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to EasyWeek); (p) modify any Services or EasyWeek Materials (as defined below) or create any derivative product from any of the foregoing; (q) remove or obscure any proprietary or other notices contained in the Services or EasyWeek Materials (as defined below); or (r) publicly disseminate information regarding the performance of the Services or EasyWeek Materials (as defined below) or access or use the Services or EasyWeek Materials (as defined below) for competitive analysis or benchmarking purposes. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

2.9. Communications Systems and Authorization to Contact You; Pop-out Information; Recording Calls; Analyzing Your Messages and other Content.

The EasyWeek Application may use GPS locator capabilities to identify your current location. If you decide to provide a mobile phone number and you check the relevant consent box when logged in to your Customer account, you hereby represent that you are aware that you will receive and you expressly consent to receive SMS text messages, phone calls, emails, push notifications, in-app communications, and Web-based browser technology containing Commercial Content, such as Web beacons and or other chatbot applications from EasyWeek regarding the Services and as otherwise described in our Privacy Policy. You may be charged for such communications pursuant to your carrier contract. Additionally, by providing your contact information and/or connecting related accounts, you provide access and consent for EasyWeek to communicate with you via voice assistants, such as Siri, Alexa, and Google Home or any other similar voice services.

EasyWeek may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) infrequently poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. EasyWeek may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), to which you agree by providing your mobile phone number (as specified above). EasyWeek may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.

If you do not wish to receive communications as specified above, you may change your communications preference (including withdrawal of your consent to obtain said communications) at any time, including through the communications preferences section of your account. You may refrain from receiving said communications via SMS also by sending the word STOP to a message you received or to a designated EasyWeek number. Please note that message and data rates may apply. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly atoctopus@easyweek.io.

EasyWeek may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by EasyWeek, to carry out the purposes identified above.

EasyWeek may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with EasyWeek or its agents for quality control and training purposes, or for its own protection.

EasyWeek automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of EasyWeek’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. EasyWeek may store message contents, including to conduct this scanning and analysis.

Any personal information provided by you to EasyWeek or collected by EasyWeek and referred to above will be stored and processed by EasyWeek in accordance with our Privacy Policy.

2.10. Privacy of Others; Marketing.

If EasyWeek provides you with information about another User, you agree that you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the Services. Additionally, you may not use User information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.

2.11. Government End Users.

The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, the Code of Federal Regulations relating to the use of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire any EasyWeek Application with only those rights set forth therein. If you are a Government End User, please consult first with your relevant legal department prior to use to confirm your use is compliant with the standards and policies under the Code of Federal Regulations.

2.12. Export Control.

You may not use, export, or re-export any EasyWeek Application, EasyWeek Card Reader Device, or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

2.13. Fraudulent Actions of Users.

EasyWeek is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent, or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release EasyWeek from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. EasyWeek reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

Part III – Customer Accounts.

3.1 Online Accounts.

Customers shall be given the opportunity to register via an online, mobile, voice-activated, or offline registration form to create a Customer account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Services. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete, and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. Accounts may be canceled via contact withoctopus@easyweek.io.

3.2. Transfer Prohibited.

You agree that you shall not sell, trade, or transfer your Account to any other person or entity.

3.3. Account Guidelines.

The Services may contain the ability to communicate with other Users on one or more profiles, booking forms, platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and third parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:

  1. Shall not upload, distribute, or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
  2. Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages, or "spam”; and
  3. Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of use of the Services; and
  4. Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of use of the Services; and
  5. Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services except for the sale of goods or services in the scope envisioned by the express purpose of the Services; and
  6. Shall not upload, post, or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to civil liability; and
  7. Shall not post unauthorized commercial communications (such as spam); and
  8. Shall not upload, post, or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
  9. Shall not upload, post, or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
  10. Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
  11. Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally identifiable information about other Users of our Interactive Areas or posting private information about a third party; and
  12. Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
  13. Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and
  14. Shall not interfere with or disrupt the Services or the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and/or the Interactive Areas; and
  15. Shall not facilitate or encourage any violations of these Terms of Use or any other EasyWeek policies; and
  16. Shall not upload, post or otherwise publish any information (in a form of link or otherwise) on entities providing competitive services to EasyWeek.

Users agree and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.

3.4. Rights in Submissions.

Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sublicensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.

You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property rights or other rights of any person or entity.

3.5. Right to Monitor.

We shall have the right to monitor your Account in our sole and exclusive discretion.

3.6. Verification of Users.

Users wishing to participate in the Services may be asked to provide a valid mobile phone number through the EasyWeek Application and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in the EasyWeek Application. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages at that number. Users wishing to participate in the Services may also be asked to verify their email address. To verify your email address, we may send you an email with a link, and you must click that link as instructed. If you change your email address, you must promptly provide and verify your new email address. Users may be asked to verify other information including legal name, address, and date of birth.

3.7. Cancellation of Accounts.

Users have the right to cancel their Account and request the deletion of their data at any time. For details on how to delete your Account, please contact us atoctopus@easyweek.io. Termination of your account will automatically terminate the rights and licenses granted to you hereunder. Upon termination, we may, but are not obligated to, delete your Account information.

3.8. Access Through a Third-Party Platform.

In some instances, the EasyWeek Application may be accessed via a third-party platform or interface (such as via a Voice Assistant, such as Amazon Alexa, or Google Home, or via an integration with a social network such as Facebook). Should you access the EasyWeek Application in such a manner, you acknowledge and agree that any data that may be shared between such third-party platforms may be used by EasyWeek in accordance with our Privacy Policy. EasyWeek shall not be liable for the policies and practices of any such third-party platforms, including without limitation their policies and practices in connection with data collection, privacy, and security.

3.9. Push Notifications; Email Notifications.

If you are a registered User, you agree and acknowledge that EasyWeek and/or the SMB with whom you have scheduled appointments may send push notifications via the EasyWeek Application to your device(s). Push notifications may include, but are not limited to, notifications about scheduled appointments, reminders, and marketing promotions related to EasyWeek. You may opt out of receiving push notifications at any time by adjusting the settings on your device or within the EasyWeek Application.

Additionally, you may receive email notifications related to the Services, including but not limited to, confirmation of scheduled appointments, reminders, newsletters, and other marketing materials. You may opt out of receiving marketing emails by following the unsubscribe instructions included in the emails, but note that you may still receive non-marketing emails necessary for the provision of the Services.

Part IV – Intellectual Property and Ownership.

4.1. Ownership of Services and Content.

All content, features, functionality, and design elements of the EasyWeek Application and EasyWeek Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, and the arrangement and compilation thereof (collectively, the "Content"), are the property of EasyWeek or its content suppliers and are protected by German and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2. License to Use Content.

Subject to your compliance with these Terms, EasyWeek grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the EasyWeek Application and EasyWeek Site, including the Content, for your personal, non-commercial use only. This license does not permit you to, and you agree not to, copy, modify, distribute, perform, display, or create derivative works of any Content, or use any Content in any manner that is not expressly permitted by these Terms. Any unauthorized use of the Content or the EasyWeek Application and EasyWeek Site terminates the license granted by EasyWeek hereunder.

4.3. Trademarks.

All trademarks, service marks, trade names, logos, and other designations of origin (collectively, the "Trademarks") displayed on the EasyWeek Application and EasyWeek Site are the registered and unregistered Trademarks of EasyWeek or its licensors, and are protected by German and international trademark laws. You may not use any Trademark without the prior written permission of EasyWeek or its licensors, as applicable. Nothing in these Terms or on the EasyWeek Application or EasyWeek Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the express written permission of EasyWeek or its licensors, as applicable.

4.4. User-Generated Content.

The EasyWeek Application and EasyWeek Site may allow Users to submit, post, upload, or otherwise make available content, including but not limited to, reviews, comments, photos, videos, and other materials (collectively, "User-Generated Content"). By submitting User-Generated Content, you grant EasyWeek a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, perform, display, create derivative works of, and otherwise exploit such User-Generated Content in any media now known or hereafter developed, for any purpose, without compensation to you.

You represent and warrant that you have all necessary rights to grant the foregoing license, and that your User-Generated Content does not infringe or violate the rights of any third party. EasyWeek reserves the right to remove any User-Generated Content at its sole discretion, and to terminate the account of any User who violates these Terms or any applicable law.

Part V – Disclaimer of Warranties and Limitation of Liability.

5.1. Disclaimer of Warranties.

The EasyWeek Application, EasyWeek Site, and Services are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and title. EasyWeek does not warrant that the EasyWeek Application, EasyWeek Site, or Services will be uninterrupted, error-free, or secure, or that any defects or errors will be corrected. Your use of the EasyWeek Application, EasyWeek Site, and Services is at your own risk.

5.2. Limitation of Liability.

To the fullest extent permitted by applicable law, EasyWeek and its officers, directors, employees, agents, affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the EasyWeek Application, EasyWeek Site, or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if EasyWeek has been advised of the possibility of such damages.

In no event shall the total liability of EasyWeek to you for all claims arising out of or relating to these Terms or your use of the EasyWeek Application, EasyWeek Site, or Services exceed the amount paid by you, if any, for accessing or using the EasyWeek Application, EasyWeek Site, or Services during the twelve (12) months preceding the claim.

Part VI – Indemnification.

6.1. Indemnification.

You agree to indemnify, defend, and hold harmless EasyWeek, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the EasyWeek Application, EasyWeek Site, or Services; (b) your violation of these Terms; (c) your violation of any rights of any third party, including but not limited to, intellectual property rights, privacy rights, and publicity rights; (d) any User-Generated Content you submit or make available through the EasyWeek Application or EasyWeek Site; or (e) your violation of any applicable law or regulation.

Part VII – Governing Law and Dispute Resolution.

7.1. Governing Law.

These Terms and any dispute arising out of or relating to these Terms or the use of the EasyWeek Application, EasyWeek Site, or Services shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

7.2. Dispute Resolution.

Any dispute arising out of or relating to these Terms or the use of the EasyWeek Application, EasyWeek Site, or Services shall be resolved exclusively through final and binding arbitration in Düsseldorf, Germany, in accordance with the rules of the German Institution of Arbitration (DIS). The language of the arbitration shall be German, and the arbitration award shall be final and binding upon the parties.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm. The parties agree that the courts in Düsseldorf, Germany, shall have exclusive jurisdiction over any such equitable relief.

Part VIII – Miscellaneous.

8.1. Entire Agreement.

These Terms, together with any additional terms and conditions incorporated herein by reference, constitute the entire agreement between you and EasyWeek with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, between you and EasyWeek regarding such subject matter.

8.2. Severability.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable, and if no such modification is possible, the invalid, illegal, or unenforceable provision shall be deemed deleted from these Terms.

8.3. Waiver.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by EasyWeek to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

8.4. Assignment.

We may assign these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign these Terms, in whole or in part, without our prior written consent, and any attempted assignment without such consent shall be null and void.

8.5. Headings.

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

8.6. Survival.

The provisions of these Terms that by their nature should survive termination or expiration of these Terms shall survive, including but not limited to, provisions regarding intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, governing law, and dispute resolution.

Part IX – Privacy and Data Protection

9.1. Privacy Policy

Your use of the EasyWeek Application and EasyWeek Site is governed by our Privacy Policy, which explains how we collect, use, and share your personal information. By using our Services, you agree to the terms of our Privacy Policy, which is incorporated into these Terms by reference.

9.2. Data Collection and Use

We collect and process personal data from Users as described in our Privacy Policy. This includes data necessary for account creation, appointment scheduling, payment processing, and other services provided through the EasyWeek Application and EasyWeek Site. We comply with the General Data Protection Regulation (GDPR) and other applicable EU data protection laws. Your data may be transferred to and stored on servers located in the European Union or other jurisdictions with adequate data protection measures.

9.3. User Rights

As a User in the EU, you have the right to access, correct, or delete your personal data, and to object to or restrict certain data processing activities. To exercise these rights, please contact us atoctopus@easyweek.io. We will respond to your request within the timeframes required by applicable law.

9.4. Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, loss, destruction, or alteration. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and we cannot guarantee absolute security of your data.

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