Last Updated January 10, 2023
Terms of service
These Terms & Conditions of Use (hereinafter referred to as "Terms") constitute a legally binding agreement made between any user (hereinafter referred to as "User", "You"or "Customer"), whether personally or on behalf of an entity and dicehub GmbH, Elebestrasse 36, 55122 Mainz, Germany (hereinafter referred to as "dicehub", "We", "Us", "Our"), concerning the access to and use of the https://www.dicehub.com website ("Website"or "Platform") as well as any other medium form, media channel, mobile application and related products and services (hereinafter referred to as "Service"or "Services") provided by dicehub.
1.1. The following Terms and Conditions of Use shall govern the provision of services by dicehub and the usage of these services by properly registered Users.
1.2. These services refer to the dicehub website ("Websites"), dicehub.com ("SaaS"), or Self-managed ("Self-managed") products and services.
1.3. Users can get in contact, collaborate and communicate with each other via dicehub. Users can create their own profiles, access available contents and applications and use the free of charge services as well as the charged services provided by dicehub within the scope of the respective availability.
1.1 The access to and use of the available services on the platform in some cases requires a registration as a User. The right to participate does not exist. dicehub is entitled to reject any registration without providing any reason.
1.2. Registration is intended only for companies and natural persons who use the service in the course of their commercial or self-employed professional activities. The registration of a juristic person can only be carried out by a fully contractually capable natural person authorized to represent the entity. dicehub reserves the right to verify the entrepreneurial status of the customer and request suitable proof.
3.1. Registration and the general use of the platform is free of any charge.
3.2. If specific contents, functions or applications are not free of charge, this will be expressly stated accordingly. More information about commissioning chargeable contents and applications can be found in section 11.
3.3. The provided data requested by dicehub during registration must be complete and correct. For the registration of a legal entity an authorized natural person must be indicated.
3.4. After providing all requested data, dicehub will review for completeness and plausibility. If the data is correct and if there is no concern from dicehub's perspective, dicehub will activate the requested access and notify the User hereof via email. The email shall be considered as acceptance of the participation application. Upon receipt of the email, the User is entitles to use the platform within the Participation and Terms of Conditions of Use. For this purpose the User must in advance confirm the activation by clicking on the link in the email.
4.1. During registration process the User will be asked to state a username or an email address and a password. After access activation and confirmation on the platform, the User can log in with this data.
4.2. The access data including password are to be kept secret and not to be made accessible to an unauthorized third person.
4.3. The User remains responsible to ensure that the access to the platform and the utilization of the services available on the platform shall only be used by the User exclusively or by individuals duly appointed by the User. If there is reason to believe that the authentication data might be or will be compromised, dicehub shall be informed immediately.
4.4. The User is liable for every usage and activity that takes place using the account details according to legal provision.
The User is responsible for keeping his data (including contact data) up to date. If a change occurs during participation, the User must correct the details immediately on the platform.
6.1. The User can terminate his access at any time by scheduling the deletion of the account.
6.2. Once the termination has taken effect, the contractual relationship ends and the User may no longer use his access. dicehub reserves the right, to delete the password and username as soon as the termination takes effect.
6.3. After 30 calendar days following the date the termination becomes effective and upon expiration of any statutory times limits for data provision, dicehub hast the right to irrecoverably delete all contents, applications and other data which were created in the context of membership.
7.1. dicehub provides available services for temporary use on the platform.
7.2. The contents and scope of the services are based on the respective contractual agreement and otherwise in accordance to the latest available functions on the platform.
7.3. Free of charge as well as charged services are being provided for the User on the platform. Charged services are indicated as such. Regulations and Utilizations can be found in section 11.
7.4. The available applications on the platform may include applications, projects and tutorials offered by third parties, to which dicehub merely provides access to.
7.5. For the provision of such services – which are made recognizable as third party services – the Terms and Conditions of Use can deviate or additional terms may apply, which dicehub will point out to the User.
7.6. For the use of charged applications, dicehub strives for an average availability of the platform of 98 % per month.
7.7. When calculating the downtime, the time of unavailability due to regular maintenance work, which is between 2 and 4 a.m., as well as unscheduled maintenance work, necessary troubleshooting and uninfluenceable or non-culpable malfunctions on the part of dicehub are not taken into account.
7.8. Other than that a claim for availability only exists within the technical and operational means of the provider. dicehub endeavors to provide a preferably interruption-free availability of services. However, due to technical disturbances (e.g. interruption of power supply, hardware and software failure, connection loss) reduction or loss of availability may occur.
dicehub is entitled at any time to change free services, to make new free or charged services available and to discontinue providing free services. dicehub will consider legitimate interests of the Users.
9.1 The available contents and applications on the platform are protected by copyright or other protective rights and are property of dicehub, other users or other third parties. The User may use these contents and applications only in accordance with these Terms and Conditions of Use and the given possibilities on the platform.
9.2. The available contents and applications on the platform partially originate from dicehub and partially from other users and/or other third parties. Contents and applications of User and third parties shall be hereinafter referred to as "third-party contents". dicehub will not inspect third-party contents for completeness, accuracy and lawfulness and therefore makes no representation or warranty whatsoever regarding completeness, accuracy, lawfulness currency of third-party contents. This also applies for quality of third-party contents and suitability for a specific purpose.
10.1. The usage authorization of the User is limited to the access on the platform as well as the respective services within these Terms and Conditions of Use.
10.2. The User is responsible for the creation of the technical requirements in order to use the services. In this regard, dicehub does not owe any consultation.
11.1 The charges to be paid by the User to dicehub for the use of the Services follows from the selected pricing model on http://dicehub.com.
11.2. Once the download or the usage of the application is chargeable, it will be indicated as well as the specific price. By clicking the clearly marked order-button, the User declares in a binding manner, that he wishes to make use of the respective application. Hereby the User accepts the offer of the respective provider (dicehub or the respective stated third party) of providing the chargeable services in a binding manner. This results in another contractual relationship, which is also governed by these Terms and Conditions of Use and if necessary further regulations, which dicehub will inform the User before utilization. If the User does not want to make use of the chargeable service, he can click the corresponding button or click the "back"-button of his browser to return to the free of charge services.
11.3. When ordering a chargeable service the full amount will be charged with the Users payment method, stated within registration or before utilization.
11.4. Offsetting is only admissible with claims that are undisputed or have been established by a court of law. A claim for retention may only be brought if it is based on rights under the same contractual relationship.
12.1. Provided that these features are available on the platform, the User can design his user profile individually according to his own wishes.
12.2. dicehub will not perform a verification of the identity of profile owners and the details stated within the profile. Therefore dicehub gives no warranty that the profile owner is the person impersonating the profile owner.
13.1. Provided that these features are available on the platform, the User can upload contents and applications on the platform and make them available to third parties, when considering the following regulations:
By posting contents and applications the User grants dicehub a free and transferable right of use, in particular
- to save contents and applications on the server of dicehub as well as its publication, especially making publicly available (e.g. by displaying content on the platform),
- processing and reproduction, when necessary to make respective content and applications public and
- to grant the right of use (also against payment) of contents and applications towards third parties according to section 14.
13.2. If the User wants to take down uploaded contents from the platform, consequently the aforementioned Terms and Conditions of Use and exploitation rights of dicehub expire. However, dicehub is still entitled to store copies for purpose of backup and evidence. Granted rights of use regarding contents and applications entered by the User remain unaffected.
13.3. The User is entirely responsible for the contents and applications provided. dicehub does not validate the contents and applications in terms of function, completeness, accuracy, lawfulness, topicality, quality and suitability for a certain purpose.
13.4. The User declares and guarantees to dicehub that he is the sole holder of all uploaded contents and applications or is otherwise authorized to upload the contents and applications (e.g. by written consent of the copyright holder) and is in a position to grant the provider the right of use according to section 13.1.
13.5. The user exempts dicehub, on first demand, from all claims made by third parties, in particular from claims arising from violations of copyright or other property rights, which may arise against dicehub when exercising the contractual rights. The User must immediately notify dicehub about impairments of the contractual rights, when becoming aware. dicehub has the right to institute appropriate measures to defend itself against claims or third parties or to pursue its own claims. The exemption shall also include replacement of costs, caused and/or will be caused by prosecution/legal defense.
13.6. dicehub reserves the right to refuse accepting content and applications and/or edit, suspend or delete existing content without notice, in case content violates the regulations described in section 15 or if there is reasonable evidence that a violation of section 15 will occur. However, dicehub will take the legitimate interests of the User into consideration and choose the most moderate means against violations towards section 15.
14.1. As far as not allowed in these Terms of Conditions of Use or a further usage is expressly permitted or a respective function (e.g. download-button) is available on the platform, the User is forbidden to wholly or partially edit, change, translate, exhibit or present, publish, distribute, reproduce or spread content and applications available on the platform. It is also forbidden to remove or change copyright notices, logos and other trademarks or proprietary notices.
14.2. The User is only entitled to download contents and applications („download") as far as there is a possible function (e.g. download-button) available.
14.3. The User receives a temporal unlimited and non-exclusive right of use regarding properly downloaded content or applications for his own use. As far as chargeable contents and applications have been made available, a further condition for this granting of right is the full payment of the respective contents and applications. Apart from that, all rights concerning contents and applications remain with the original right holder (dicehub or the respective third party).
14.4. The mandatory legal rights of the User remain unaffected.
15.1. The available services on the platform are for exclusive use for the User only. Sublicense or other disclosure of contents and applications are prohibited.
15.2. Any activity of the User on or in relation with the platform which violates current law or violates rights of third parties is prohibited. In particular the following actions are prohibited:
- providing, distributing, offering and advertising content and applications, services or products that is of pornographic nature, violates protection of minors, data protection laws and/or any other applicable law and/or is of fraudulent nature;
- the usage of content which offends or defames other users or third parties;
- the usage, provision and distribution of contents and applications which are protected by law or by the right of third parties (e.g. copyright) without having the explicit permission to do so.
15.3. Furthermore, the following activities regarding uploading own contents and applications are prohibited, even if they don't violate the law:
- spreading of viruses, Trojans and other destructive files;
- transmitting of junk or spam mail as well as chain letters;
- harassing other users, e.g. by contacting users repeatedly without or against these user's reaction, as well as supporting or assisting such harassment;
- to urge other users to reveal their passwords or personal data for commercial or illegal purposes;
- to reproduce and/or distribute available contents and applications on the platform without consent of the originator or without explicit functionality within the platform.
- to reproduce and/or distribute available contents and applications on the platform without consent of the originator or without explicit functionality within the platform.
- Mining cryptocurrencies
- Modify or reverse engineer dicehub services
15.4. Any action by the User that is able to impact the functionality of the platform or to overly stress the system of dicehub is prohibited.
15.5. Should the User become aware of any illegal, abusive, contrary to contract or other unauthorized usage on the platform, he can contact dicehub via the contact data in the imprint at any time. dicehub will examine the instance and eventually take appropriate steps.
15.6. In case of speculation of illegal and/or criminal activities dicehub is entitled and eventually obliged to examine the activity of the User and eventually take appropriate legal steps. This can also mean referring the matter to the prosecution.
16.1. dicehub can suspend the account of the User temporarily or permanently, if there is tangible evidence that the User violates the Terms and Conditions of Use and/or applicable law or if dicehub has a legitimate interest in the suspension. In case of suspending the access dicehub will take the legitimate interests of the User into consideration.
16.2. In the event of temporary and/or permanent blockage, dicehub will block the access authorization of the User.
16.3. In case of a temporary blockage, dicehub will restore the access authorization after the inhibit time has elapsed and inform the User via email. A permanent blockage cannot be restored. Permanent blocked Users are excluded from participation and must not sign up to the platform again.
18.1. If damage arises by using the free of charge services available on the platform, dicehub shall only be liable for damages caused by contractual usage of free of charge contents, applications and/or services and in case of intent (including fraudulent intent) and culpable negligence.
dicehub shall be liable for usage of chargeable contents, applications and/or services of the User to the following regulations:
19.1. dicehub is not liable for comprehensiveness, functionality, accuracy and lawfulness of the contents and applications, which been made available on the platform by third parties such as Users or designers.
19.2. In case of damages that were caused by dicehub or its legal representatives, senior staff or vicarious agents intentionally or by gross negligence, dicehub is liable without limitation.
19.3. In case of slight negligent damages of insubstantial contractual obligation, dicehub will not be liable. The liability of dicehub for damages caused as a result of slight negligence shall be limited to damages that could reasonably be foreseen due to the nature of the relevant contractual relationship (typical foreseeable damage). This is also valid in case of slight negligent violation of duty by the legal represents or fulfillment assistants of dicehub.
19.4. The liability due to interruption, disturbance or other damage causing events, which are based on the telecommunications services of dicehub or third parties for which dicehub is legally responsible, is limited to the height of the recourse, possible for dicehub against the respective supplier of the telecommunications services. The liability due to power failure and server failure, which are outside the sphere of influence, is excluded. Section 19.1 and 19.3 remain unaffected.
19.5. The aforementioned limitation of liability shall not apply in the case of fraudulent intent, physical or personal injury and violation of guarantees as well as claims for product liability.
20.1. In case of solid reasons (e.g. changes in law, expansion of services), dicehub is entitled to change single clauses of these Terms and Conditions of Use, as long as these changes are not unreasonable for the User.
20.2. dicehub will inform the User via email of any changes to the Terms and Conditions of Use at least four weeks before the changes are to come into effect. The amendment notification will contain a notice on the option of objection and the notice period according to section 20.3 of these Terms and Conditions of Use as well as the significance and/or consequences of failure to object.
20.3. If the User does not claim objection against the amended Terms and Conditions of Use within the four weeks period, starting on the day following the day the notification of the changes has been received, the amended Terms and Conditions of Use shall be deemed accepted by the User. In case of objection at due date, both parties have the right to properly terminate the contractual relationship.
21.1. This contract governed by German law excluding the UN Sales Law is applicable.
21.2. The exclusive place of jurisdiction for any disputes regarding this contract shall be Mainz, provided that the User is a merchant. dicehub remains entitled to raise complaints or other judicial procedures in the general legal venue of the User.
21.3. Should a provision of these General Terms and Conditions become ineffective in its entirety or in part, the rest of the General Terms and conditions shall remain effective.
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