Terms and Conditions of Bitly Europe GmbH
The T&C become effective as of: 18.02.2021.
1. Scope of this Agreement
The scope of the Agreement is the use of the respective specifically agreed service, as described within the respective concrete service sections provided by Bitly Europe to the User against payment or free of charge.
These T&C regulate any referred to the T&C contractual relationships between Bitly Europe and the User (hereinafter referred to as “Agreement”). This applies regardless of whether the making of declarations, the logging in, the registration, the contract conclusion, the service or the reception of services occur inside or outside of Germany.
2. Conclusion of Agreement
The presentation of services on the websites of Bitly Europe does not represent a legally binding offer of Bitly Europe, but a non-binding invitation to the User to submit a corresponding offer. The processes and technical steps that lead to a binding offer by the User will be explained in the respective concrete service sections.
Before the submission of the respective legally binding offer by the User, an explicit confirmation of the User that the User has read and accepted the T&C as well as - in case of a consumer (i.e. private, non-commercial) User - the revocation instructions by clicking the respective checkbox is required. Before the submission of a binding offer or registration by clicking the respective button, the User can check and correct the data, if necessary.
Upon submission of the binding offer or registration by the User, without undue delay Bitly Europe sends an e-mail to the e-mail address provided by the User. This e-mail is a confirmation of receipt of the offer, but does not constitute the acceptance of the offer, unless explicitly declared as such by Bitly Europe. The User shall ensure that the e-mail address provided by the User is correct and that e-mails sent by Bitly Europe will be received and will not be blocked or the like.
An Agreement is only concluded after Bitly Europe accepts the User’s offer through a declaration of acceptance. Bitly Europe accepts the offer made by the User within one (1) week either by explicit acceptance at least in text form, an order confirmation via e-mail sent to the User by Bitly Europe, by the provision of the services or by starting the provision of the contractual services, in case of continuous obligations or if the services are contractually agreed to be provided in two or more parts.
The services of Bitly Europe may generally be used for private and commercial purposes, unless it is explicitly stated within the respective service that a private or commercial use is permitted exclusively. Bitly Europe goal is to provide Users with a continuous availability and an error-free functionality of the services provided. Nevertheless, Bitly Europe may restrict or shut down services and/or systems to a reasonable extent during off-peak times for maintenance or performance optimization. Besides this, Bitly Europe is entitled to discontinue services completely after prior notice.
The User agrees to provide accurate and complete information when registering and during the relationship, by keeping this information always up to date.
The User must not disclose any account information to any third party, including the password. The User is solely responsible to maintain the confidentiality and security of the account and for all activities that occur through or in connection with it. In case of any suspected security infringement or misuse with regards to the account, the User notifies Bitly Europe immediately in writing.
Bitly Europe is not responsible for any losses or damage caused by an unauthorized use of the account. This accounts explicitly for information stored within the account or eventual harmful misuse of the compromised account, for instance by exchanging links to specific codes or similar activities.
3.3 QR Code, vCards, (mobile) websites and the related tools and advisory services
Bitly Europe offers services in the field of the creation, design, management, optimization, scanning and analysis of QR Codes, vCards, (mobile) websites and the related tools and advisory services.
The concrete contractual services of Bitly Europe result from the respective concrete presentation within the individual service sections. The same applies to the scope of services, the service period, obligations of the user to pay remuneration and further concrete service conditions.
The services provided by Bitly Europe depend to a considerable extent on the availability of third parties, in particular also on the availability and accessibility of, for example, the worldwide internet and mobile communications infrastructure, data centers, telephone lines, mobile communication networks, domains, apps and so forth. The User is aware that these factors are beyond the influence and responsibility of Bitly Europe and acknowledges that for this reason, Bitly Europe services may be completely or partly (e.g. single services or only for individual Users), permanently or temporarily, discontinued, restricted, blocked or modified, as far as required.
Some of Bitly Europe QR Code services allow the User to upload, submit, store, send, receive or share content of the Users’ choice. There is no obligation to provide any content to do so. If the User chooses to upload or share content, the User ensures to have the necessary rights and that the respective content is lawful. A detailed description of what is explicitly prohibited in this respect is listed in Bitly Europe Upload Content License and Acceptable Use Policy. Bitly Europe reserves the right to extend these regulations at any point in time.
3.4 Tools/Features in Testing Phase
Bitly Europe may release tools, features or the like (hereinafter referred to as “Test Services”) which are still in a testing or evaluation phase. These Test Services will be identifiable as such, e.g. by labelling with “test”, “evaluation”, “alpha”, “beta,” “preview” or with other similar expressions. These Test Services may not be as reliable as Bitly Europe other services. Bitly Europe makes available such Test Services to Users to collect information about the user-friendliness and general functionality and based on this to improve the Services. The user-friendliness may be evaluated in the form of statistical evaluations, in all cases without any verification of the individual natural person. Beta Services are confidential until official launch, so that the provisions pursuant to Section 12 of this T&C apply.
3.5 Other Services
Bitly Europe is constantly developing new services, which may be added to the services sections. The User may be informed about such services, e.g. via Pop Up information within the User’s account. To obtain such services, the aforementioned regulations in Section 2 of this T&C about the conclusion of an Agreement apply. A consent of the User will be collected in this respect, as far as legally required.
3.6 Denial of Guarantee
Bitly Europe makes every effort to provide its Services, but there are aspects that we cannot guarantee. To the fullest extent permitted by law, Bitly Europe makes no warranties, either express or implied, about the services. The services are provided "as is" we also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
4. Age Requirement
In case a User is a natural person, the services of Bitly Europe are in principle intended for adult Users of legal age. If a User is under the age required to obtain Bitly Europe services, the User must have its parent or legal guardian’s permission to do so, to the extent permitted by law, and the parent or legal guardian must have read this T&C.
- 5.1 All prices are inclusive of the respectively applicable statutory value added tax (“VAT”), unless VAT is stated separately.
- 5.2 Unless the corresponding service of Bitly Europe is free of charge, compensations and fees to be paid by the User and valid at the time of the conclusion of the Agreement are presented within the respective service sections including all related price components respectively calculation basis, payment processes and payment terms. The corresponding contractual invoice will be made available by Bitly Europe to the User by mail, e-mail or for download within the User’s account with or after the acceptance of the Agreement.
- 5.3 Fees are due immediately upon conclusion of the Agreement. If the due date of payment is determined by the calendar, the User is already in default by missing the deadline. In this case, the User shall pay Bitly Europe default interest for the year at a rate of 5 percentage points above the prime rate. The User’s obligation to pay interest on arrears does not preclude Bitly Europe from asserting further damages caused by default.
- 5.4 If the User fails to comply with the respective contractual payment obligations, Bitly Europe may set an appropriate period of grace with a threat of termination, after the expiry of which Bitly Europe may extraordinarily terminate the contract with the user and delete any data immediately without implying a separate contractual obligation to delete data immediately. The termination provisions in Section 10 of this T&C remain unaffected.
- 5.5 Bitly Europe is not obliged to provide or unlock contractual services before receipt of payment, where payment is due.
- 5.6 If the User does not make use of contractual services, this does not release the User from its payment obligations.
- 5.7 Objections to the billing of the services provided by the Bitly Europe must be raised in writing at Bitly Europe office named on the respective invoice by the User.
- 5.8 Offsetting against counterclaims of the User or withholding of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established or result from the same order under which the relevant delivery was made.
6. Rights and Obligations of User
The User uses the services provided by Bitly Europe in compliance with the applicable statutory and legal provisions. This means in particular, but not exhaustive:
- The User does not use any illegal content or link to such content that violates laws, official regulations or the rights and freedom of third parties when using Bitly Europe services, especially does not place such content or link on Bitly Europe services provided, such as storage space. In the event of such violations, illegal contents or suspected misuse, Bitly Europe may delete, block or restrict the contractual services, corresponding contents, links or codes without prior notice.
- The User prevents unauthorized access of third parties to the Account by taking appropriate precautions according to the current state of the art.
- The User neither transfers contractual services or rights to third parties nor provides to third parties for use.
- The User checks data and information for viruses or other harmful components before entering them into Bitly Europe storage space.
- The information stored by the User on the storage space provided by Bitly Europe may be protected by copyright and data protection law. The User hereby grants Bitly Europe the right to make the contents stored, to reproduce, to transfer them for the User’s purposes and to reproduce the content for the purpose of data backup in accordance with the Upload Content Licence.
- The User refrains from any actions that may affect the functionality of the services provided or arranged by Bitly Europe. This contains inter alia the use of viruses, malicious software or software that automatically generates user requests via the internet or in another way to the disadvantage of Bitly Europe. The User will also not change, manipulate, overwrite, copy or distribute website areas or website areas of other users provided by Bitly Europe or their service providers.
- The User is responsible for technical devices, means of communication, hardware and software that the User uses in connection with Bitly Europe Services. This also applies to their appropriateness and security.
Please see also Bitly Europe Acceptable Use Policy.
The User is obliged to ensure and check this continuously and properly within its own responsibility.
7. Involvement of Third Party Content
Bitly Europe may provide information, references or links to third party (software) service providers upon Bitly Europe technical infrastructure, or completely independent of Bitly Europe. This might even include provision of a software as a service distribution platform – commonly referred to as an app store - to extend Bitly Europe range of products and services. Bitly Europe websites may contain links to external websites of third parties, where Bitly Europe has no influence on the content of such websites. Bitly Europe provides no guarantee for these external contents. The respective provider or operator is solely responsible for the contents of the linked websites. If Bitly Europe becomes aware of any possible infringements, Bitly Europe will check such links.
8. License to Bitly Europe
If the User is a company, the User grants to Bitly Europe a non-exclusive, non-transferable, worldwide, royalty-free, limited right to use the User’s name, trademarks and logos for the purpose of referencing the User as a customer of Bitly Europe on Bitly Europe websites and within Bitly Europe marketing materials. The User warrants to Bitly Europe that the User has the right, title, and/or authority to grant such license to Bitly Europe. If you have previously refused this clause towards Bitly Europe, this clause will still not apply to you. If you agreed to a previous version of these T&C that allowed you to opt out of this clause, your previous choice to opt out or not opt out remains binding. If you have individually agreed on certain details with Bitly Europe at an earlier date, which deviate from this clause, the individual agreement takes precedence over this clause for you.
To opt out of this clause and hence not to grant such a license to Bitly Europe, please send an e-mail to email@example.com stating your unique customer number and company.
For further licensing see Bitly Europe Upload Content License.
9. Revocation/ Withdrawal
- 9.1 If you are a consumer (i.e. private, non-commercial), you have a right of revocation in accordance with the statutory provisions. The consumer will be informed about this right separately, where applicable.
- 9.2 Bitly Europe grants the User, regardless of the right of revocation, a voluntary right to withdraw from the Agreement. The user is entitled to this right of withdrawal for 14 days after conclusion of the Agreement and requires a justified notification to Bitly Europe (at least in text form).
- 10.1 Bitly Europe is liable without limitation in case of intent or gross negligence, for injury to life, body or health, according to the regulations of the German product liability law and to the extent of a guarantee assumed by Bitly Europe.
- 10.2 In the event of a slightly negligent breach of an obligation which is essential for the achievement of the purpose of the contract (cardinal obligation), the liability of Bitly Europe shall be limited to the amount of the damage which is foreseeable and typical according to the nature of the respective contractual relationship.
- 10.3 Any further liability of Bitly Europe is excluded.
- 10.4 The above limitation of liability shall also apply to the personal liability of Bitly Europe employees, representatives and organs.
- 12.1 "Confidential Information" shall mean all information and documents of the respective other party which are marked as confidential or which are to be regarded as confidential from the circumstances, in particular information on operational processes, business relations and know-how.
- 12.2 The parties agree to maintain secrecy about confidential information
- 12.3 Such confidential information is excluded from this obligation,
- a. which were demonstrably already known to the Recipient at the time of conclusion of the Agreement or subsequently become known to the Recipient by a third party without this infringing a confidentiality agreement, statutory provisions or official orders;
- b. which are publicly known at the time of conclusion of the Agreement or become publicly known thereafter, unless this is due to a breach of the Agreement;
- c. which must be disclosed due to legal obligations or by order of a court or an authority. To the extent permitted and possible, the recipient under a duty of disclosure shall inform the other Party in advance and give it the opportunity to take action against the disclosure.
- 12.4 The Parties shall grant access to confidential information only to those persons who are bound by professional secrecy or who have previously been subject to obligations of confidentiality equivalent to those of this Agreement.
13. Data Protection
14. Intellectual Property
Bitly Europe ensures that the contractual use of the services by the User does not conflict with any rights of third parties. In the case of defects of title, Bitly Europe provides the User with a legally unobjectionable opportunity to use the services or equivalent at its discretion. If there are indications of possible infringements of the rights of third parties, Bitly Europe will check these indications for plausibility and, if there is a justified suspicion of an infringement, will take reasonable steps.
Except as expressly provided in the Agreement, neither Bitly Europe nor its subcontractors make any representation or warranties, express or implied, statutory or otherwise, regarding any matter, including the merchantability, suitability, originality, or fitness for a particular use or purpose, non-infringement or results to be derived from the use of or integration with any products or services provided under the Agreement, or that the operation of any products or services will be secure, uninterrupted or error free. The User agrees that it is not relying on delivery of future functionality, public comments or advertising of Bitly Europe or product roadmaps in obtaining subscriptions for any service.
The Agreement is concluded for an indefinite period of time, unless otherwise agreed on, between Bitly Europe and the User in accordance with the periods stipulated within the concrete service sections. The relationship begins with the User's registration and login and may be terminated by either party with the deletion of the account or in case of agreed services with a prior notice of each party at least in text form with a notice period of one (1) month to the end of the agreed contractual period. Contractual services with a certain duration will be automatically extended for the same duration and at the same price. The termination must be declared towards Bitly Europe stating your unique customer number (Bitly Europe GmbH, Am Lenkwerk 13, 33609 Bielefeld; e-mail firstname.lastname@example.org).
The deletion of an account has no effect on eventual payment obligations in case the account will be deleted during an agreed contractual period.
The right of each party to terminate the Agreement without notice for good cause (extraordinary termination) remains unaffected. Bitly Europe is inter alia entitled to terminate the Agreement without prior notice if the User violates fundamental contractual or legal obligations, affects the safety of systems of Bitly Europe, other users or third parties or fails to make due payments despite a reminder and setting of an appropriate grace period or if the User violates the contractual provisions on the use of Bitly Europe services.
16. Mandatory Arbitration Provisions (applies only to US-citizens)
- 16.1 All disputes arising out of or in connection with this agreement shall be finally settled under the Rules of Arbitration of the International Court of Arbitration.
- 16.2 The Court of Arbitration court shall consist of a single arbitrator. The chairman must be a lawyer admitted to the bar of Germany having command on the language of the Arbitration.
- 16.3 Place of arbitration shall be in the United States county where the User lives or works or any other location the parties agree to.
- 16.4 Language of the arbitration is English.
- 16.5 The Court of Arbitration shall apply German law as provided in sec. 6 of this agreement. Regarding the procedure, especially with respect to taking evidence, the Court of Arbitration shall apply German civil procedure law.
- 16.6 A dissenting opinion shall not be permissible.
- 16.7 The User may only resolve disputes with Bitly Europe on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
17. Final Provisions
- 17.1 Should individual provisions of this T&C be invalid, this shall not affect the validity of the remaining provisions. The parties to the Agreement shall do their best to find a valid provision in place of the invalid provision which comes as close as possible to the economic meaning of the invalid provision.
- 17.2 Bitly Europe omission to enforce a provision does not constitute a waiver of its right to do so later.
- 17.3 The User may only transfer claims against Bitly Europe to third parties with the written consent of Bitly Europe.
- 17.4 This T&C apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of Users who are a “natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in exercise of its commercial or independent professional activity” pursuant to Sec. 14 of the German Civil Code (“BGB”) shall only become part of the Agreement if and insofar as Bitly Europe expressly agrees to their validity. This requirement of consent applies in any case, for example even if Bitly Europe carries out the provision of the services to the User in knowledge of the User’s General Terms and Conditions.
- 17.5 The User’s T&C, if any, do not apply.
- 17.6 Exclusive place of jurisdiction for disputes arising from this Agreement is Bitly Europe registered office, if each party to this Agreement is a merchant or legal entity under public law or has no general place of jurisdiction in Germany.
- 17.7 This Agreement shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention).
- 17.8 In the event of any inconsistency between the English version of the T&C and any version in another language, the English version shall prevail.
Acceptable Use Policy
We at Bitly Europe consider QR codes as one of the most important technological enablers at the interface of the real world to the digital world. We feel responsible for ensuring the technology is used in positive and constructive ways, benefiting people and our society as a whole.
Therefore, we set some general guidelines for the way our solutions and services are NOT meant to be used, which you agree to when you use our services. This includes helping others to act in such ways.
These guidelines include, but are not limited to:
- scanning or testing the vulnerability of our systems and/or network in any way.
- breaching any authentication or security measures.
- accessing, modifying, or unlawfully using shared areas of services that require an authorization or non-public areas of the service.
- impeding or disturbing the network, host, or user of the service (by overloading, spamming any part of the service, or any other similar activities) or disobeying any requirements, procedures, policies, or regulations of networks connected to Bitly Europe websites.
- misusing or creating accounts for any means other than the intended use of our publicly supported interfaces - creating accounts in bulk, for example.
- disrupting users of the service by sending unsolicited communication, advertisements, or spam.
- sending promotions or advertisements without appropriate authorization for products or services other than your own.
- manipulating identifiers by falsifying email headers and/or sending deceptive or altered information with the purpose of disguising the origin of any user content transmitted through our websites, including “phishing” or “spoofing.”
- impersonating any person or entity or otherwise misrepresenting or falsely stating your connection with a person or entity.
- collecting or storing any data or personal information of other users of the service.
- exploiting Bitly Europe solutions, features, or goodwill such as “unlimited” scans far beyond “normal” behavior.
- publishing, sharing, or downloading any files posted by another user that are unlawful and should not be legally distributed in such a manner (for example, files that infringe upon intellectual property rights of any party, contain a virus, are ethically or otherwise objectionable, or that contain extreme acts of violence or terrorist activity, including terror propaganda).
- harassing, threatening, defaming, abusing or violating the legal rights of Bitly Europe personnel or representatives as well as users of the service.
- promoting hatred or bigotry against any person or group of people based on their race, ethnicity, religion, sex, gender identity, sexual orientation, disability, or impairment.
- violating any applicable local, state, national or international laws, and the privacy or rights of others.
Upload Content License
The content provided by you remains yours. You therefore retain any intellectual property rights that you have in your content, such as the intellectual property right in the creative content you make by writing reviews or the right to share someone else’s creative content if they have permitted it. In the case that our use of your content is restricted by your intellectual property rights, we require your permission. This license provides Bitly Europe with that permission.
This license is non-exclusive, royalty-free and takes effect worldwide. This means that it is effective anywhere in the world, there are no restrictions regarding the licensing of your content to others and there are no fees for this license.
The license covers your content, provided that it is protected by intellectual property rights. It only concerns your intellectual property rights; your data protections rights are not affected. The following types of content are not covered by this license:
- factual information provided by you, that is publicly available, e.g. corrections to the address of a local business. This kind of information is considered common knowledge and can be used freely by anyone and consequently does not require a license.
- your feedback (e.g. suggestions to improve our services).
The purpose of this license is limited to the operation of services, thus allowing the services to create new features and functionalities and work as the design of them intended. This includes the usage of automated systems and algorithms to analyse your content. The analysis takes places as the content is sent, received and when it is stored and is being used:
- to scan for illegal content, spam or malware;
- to recognize data patterns which are used in functionalities such as storage optimization;
- to customize our services for you, in order to provide you with services such as usage recommendations or personalized designs, content and ads in case of the free generator.
Within the scope of the limited purposes mentioned above, the following rights are being granted to Bitly Europe through this license:
- utilise your content exclusively for technical purposes, such as the storage of your content on our systems, in order to make it accessible for you from anywhere or to ensure the compatibility of your content with our services by reformatting your content;
- ensuring the public availability of your content, provided that you have made it visible to others;
- sublicense these rights to:
- other users in order to ensure that the services work as designed, such as facilitating you to share pictures with other people
- our contractors under agreement that are consistent with these terms, within the scope of the limited purposes described in the Purpose section above.
This license is valid for the duration of time your content is protected by intellectual property rights. This does not include the case, in which you remove your content earlier from our services.
The removal of any of your content from our services, that is covered by this license, will result in our systems to stop making this content publicly available in a reasonable amount of time. The following exceptions are applicable:
- you have shared your content with others by a static QR-code linking to another web presence which is not controlled by Bitly Europe prior to removing it.
- you make your content available through the services of other companies, then it is possible that e.g. search engines or so called web archives, will continue to find and display your content as part of their search results.