The following terms and conditions regulate the contractual relationship between stable.ist GmbH (Licensor) and its customers.
Should the English translation deviate from the German original text, the German version shall be decisive.
1. Subject matter of the contract
1.1 The Licensor offers its customer the use of Stableist, an online service for performing and managing stable allocations for equestrian events.
1.2 Stableist may only be accessed and used on the websites https://app.stable.ist/ and its subdomains.
1.3 Upon the conclusion of the contract, the customer acquires the right to use the service for the period selected at registration. This period is not extended automatically.
1.4 The customer does not acquire any rights to expansions or updates of the Stableist service or of support services.
2.1 Access to the Stableist services is granted after entering login data, which is made available to the customer after the conclusion of the contract and receipt of payment and can be changed after the first login.
2.2 The customer shall keep the login data provided to and changed by the customer confidential. The customer shall take appropriate measures to prevent the misuse of the data by third parties. If the customer loses the login data or if a suspected misuse takes place, the customer shall notify the Licensor thereof immediately. The Licensor is entitled to block the access in case of misuse. The customer is held liable, if they are at fault for the misuse.
3.1 The contract for the use of the Stableist services has a fixed term.
3.2 The extraordinary termination is subject to the statutory provisions. It must be given in textual form.
4. Scope of services
4.1 The Stableist service is always available throughout the term of the contract.
4.2 This does not include downtimes due to maintenance and software updates and times during which the service is not available on the Internet due to technical or other problems not within the sphere of influence of the Licensor (force majeure, third-party fault, etc.).
4.3 The customer requires internet access via (A)DSL, LTE, 3G or at least a comparable transfer speed to use the Stableist services. Proper functionality cannot be guaranteed for slower transfer speeds (mobile technology EDGE/GPRS). The availability of the internet access, particularly at the venue of the event, is the sole responsibility of the customer.
4.4 In order to use the Stableist service in their full extent, the customer must use state of the art (browser) technologies or enable their use on their computer (e.g. by enabling Java Script, cookies, pop-ups). When using older or uncommon technologies, the customer may only be able to take advantage of the Stableist services to a limited degree.
4.5 Using the system requires basic knowledge in the use of computers and in particular being familiar with using the internet, browsers and email.
5. Liability of the Licensor
5.1 The Licensor does not guarantee the proper operation or availability of the Stableist service at all times or the uninterrupted functionality. The Licensor shall in particular not assume any liability for any disruptions of the quality of the access to the service due to force majeure or due to events not in the responsibility of the Licensor. The Licensor shall also not be held liable for third parties obtaining unauthorised access to personal data of customers (e.g. due to “hackers” obtaining access to the database without authorisation).
5.2 The Licensor shall assume unlimited liability
– in case of intent or gross negligence,
– for injury to life, limb or health,
– pursuant to the provisions of the Product Liability Act, and
– to the extent of a guarantee assumed by the Licensor.
5.3 In case of a slightly negligent violation of a duty material for fulfilling the contractual purpose (cardinal duty), the amount of the liability assumed by the Licensor shall be limited to the damage which is predictable and typical for the type of the business in question.
5.4 The Licensor does not assume any further liability. The Licensor shall in particular not be held liable for initial flaws, provided the requirements of Clauses 5.2 and 5.3 are not met.
5.4 The foregoing limitation of liability also applies for the personal liability of the employees, representatives and bodies of the Licensor.
6. Responsibility of the customer/Usage restriction
6.1 The customer shall assume the responsibility and liability for any and all contents, data and links introduced by them. The customer shall ensure they have all rights of use to all introduced contents and data. The customer shall undertake to hold the Licensor harmless against all third-party claims to due possible violations of rights. This also includes the costs of a possible legal defence of the Licensor.
6.2 The customer does not have permission to save the website https://app.stable.ist/ in its entirety or in part on a computer, server or other electronic storage medium and/or use the website by circumventing the internet page. This does not apply files made available for download.
6.3 The source text or parts thereof must not be published.
6.4 It is not permitted to rent or lease the right to use the Stableist services. The Licensor may grant such permission in writing, however.
6.5 It is not permitted to alter or delete proprietary notices, labels or advertising banners from Stableist or any relevant associated documentation.
6.6 Any violation against Clauses 6.1 to 6.5 shall result in the immediate and unannounced revocation of the usage right.
7. Rights of use and copyrights
The Licensor is the sole rights owner of the rights of reproduction, distribution, processing and of all copyrights as well as of the right to immaterially transfer and reproduce the Stableist website and the individual contents contained therein in relation to the customer. Using all program and the contents, materials and brand and trade names is only permitted for the purposes indicated in these General Terms and Conditions.
8. Governing law/Place of jurisdiction
8.1 These General Terms and Conditions are governed by the law of the Federal Republic of Germany under the exclusion of the German conflict of laws provisions.
8.2 The place of jurisdiction is Aachen.
9. Other provisions
9.1 Should one of the provisions of the contract or of the General Terms and Conditions be or become ineffective, or should the contract have any gaps, the remainder of the contract shall remain unaffected thereof. The statutory provisions apply in addition.
9.2 The language of the contract is German.
9.3 The customer may download the currently applicable General Terms and Conditions at any time as PDF file.
9.4 The contract text is not automatically saved by the Licensor within the framework of the conclusion of the contract. For this reason, the customer should save the currently valid contract text available on the website of the Licensor to their hard drive or archive it otherwise at the time of the conclusion of the contract.
9.5 stable.ist GmbH, Merowingerstraße 35, 52070 Aachen, Germany, represented by the managing partners Gina Trojan & Christian Reiner, is responsible for the content of the service.