1. SCOPE
Huhu Technologies Deutschland GmbH, a European Company (Societas Europaea, SE) established under the laws of Germany and European Union, with business address at Altmarkt 10 B, 01067 Dresden, contact phone: +49 351 4656 6416, together with its Affiliates (collectively "Huhu Technologies") have created, own, and operate multiple websites, (each individually referred to hereunder as an “Huhu Technologies Website” and collectively “Huhu Technologies Websites). The Huhu Technologies Websites allow you ("You" or "Your") and other Huhu Technologies software experts, developers, users, and other interested parties (each, a "User" and collectively, "Users") to find information, purchase and/or research Huhu Technologies and related software and services, obtain support for Huhu Technologies software and services, share information with Huhu Technologies and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and other activities related to Huhu Technologies’s products and services. The Huhu Technologies Websites may also include information created and published by Huhu Technologies (“Huhu Technologies Materials”) and third parties and third-party content (“User Content”), such as, but without limitation, text, images, photographs, graphics, audio and video, data, code, and software (collectively, the Huhu Technologies Materials and User Content are referred to as “Content”).
2. ACCEPTANCE OF TERMS
Your access and use of the Huhu Technologies Websites is subject to and governed by these Terms of Use (“TOU” or “Agreement”), including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to Your use of or access to any particular Huhu Technologies Website, Huhu Technologies Materials, or User Content. If there is a conflict between the terms in this TOU and any additional legal terms, the additional legal terms shall control. This TOU forms a legally binding agreement between You and Huhu Technologies. By clicking an “I Accept” button as part of a registration process or otherwise demonstrating your consent to this TOU through a process established by Huhu Technologies, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You should not click the “I Accept” button (or equivalent) or attempt to access or use any Huhu Technologies Website, Huhu Technologies Materials, or User Content. Please note that this TOU does not govern the use of any cloud solutions provided by Huhu Technologies and for which You are required to enter into a separate agreement.
Huhu Technologies may modify the TOU to reflect changes in Huhu Technologies’s business, applicable law, or for other reasons deemed necessary by Huhu Technologies. If the terms of the TOU change, Huhu Technologies will provide notice, which may include, but is not limited to notice provided through the Websites or an Huhu Technologies user account. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue your use of the affected Huhu Technologies Website and Huhu Technologies Materials, or User Content.
3. USER CONTENT/LICENSE TO HUHU TECHNOLOGIES
Huhu Technologies does not claim ownership of User Content that you post, upload, input, or submit to any Huhu Technologies Website. By posting, transmitting, or uploading any User Content, including, but not limited to, any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on any Huhu Technologies Website, You grant to Huhu Technologies a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, worldwide, fully-paid up and royalty-free license to use such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, the right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties; to make, have made, offer to sell, sell, lease, or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
You represent and warrant to Huhu Technologies that You have the right, title, and authority to grant such license to Huhu Technologies. Huhu Technologies may elect not to post or publish User Content that You submit. If Huhu Technologies elects to post or publish Your User Content, Huhu Technologies may, in its sole discretion, withdraw the posted or published User Content for any reason and without notice, without any liability.
You acknowledge and agree that the relationship between You and Huhu Technologies is not a confidential, fiduciary, or other special relationship. Huhu Technologies shall have the right, but not the obligation, to use Your name, likeness, biography, and other information about You that You have provided in connection with any use of the User Content You submit. Huhu Technologies may continue to use this information after any termination of your account or Your access to the Websites for the purpose of identifying the source of User Content You previously submitted.
Nothing in this TOU shall prohibit or restrict Huhu Technologies’s right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.
4. PERMISSIBLE USE OF HUHU TECHNOLOGIES WEBSITES AND CONTENT
The Huhu Technologies Websites, Huhu Technologies Materials, and User Content are for your non-commercial use. Your use must not aim for commercial advantage or monetary compensation. You are prohibited from copying, modifying, distributing, transmitting, displaying, performing, publishing, licensing, creating derivative works from, transferring, renting, leasing, or selling the Huhu Technologies Websites, Huhu Technologies Materials, or User Content. However, You may download, store, and display Huhu Technologies Materials or User Content on your computer or other electronic devices, exclusively for viewing, listening, playing, and printing, provided that: (a) the Huhu Technologies Materials and User Content are only used for informational, non-commercial purposes and are not copied or posted on any computer network or otherwise published, broadcast, or distributed in any manner or media; and (b) the Huhu Technologies Materials and User Content remain unmodified, including any copyright notices.
Compliance with technical standards, including robots.txt, meta directives, and X-Robots-Tag headers, is required. Spoofing user agent strings or bypassing rate limits, authentication, or other controls is not permitted. These technical standards are incorporated by reference and may be updated at any time.
You may not use any Huhu Technologies Websites in any manner that could damage, disable, overburden, or impair any Huhu Technologies server, or the network(s) connected to any Huhu Technologies server, or interfere with any other party's use and enjoyment of any Huhu Technologies Website. You may not attempt to gain unauthorized access to any Huhu Technologies Website, other accounts, computer systems, or networks connected to any Huhu Technologies server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Huhu Technologies Websites.
You are responsible for ensuring any third parties or tools acting for you follow these terms, and you remain liable for all use of Huhu Technologies Websites through your account or at your direction.
You are permitted to use Huhu Technologies Websites only in strict compliance with this TOU and any valid separate software license, partnership and/or maintenance agreement. Under no circumstances may Huhu Technologies Materials and User Content be gathered for purposes that could be detrimental to Huhu Technologies, unless such use is otherwise protected by law.
Huhu Technologies reserves the right to prohibit text and data mining of its websites and materials for commercial use under Directive (EU) 2019/790 Article 4 and similar laws. Automated extraction, copying, or indexing is not allowed without explicit permission and except for standard web searches.
Authorized search engines, as specified in our robots.txt file, are permitted to crawl the publicly accessible areas of Huhu Technologies Websites exclusively for standard web indexing purposes that improve content discoverability, provided they comply with robots.txt directives and adhere to reasonable usage limits, as specified in our robots.txt file.
You agree not to use an Huhu Technologies Website, whether directly or indirectly including via third parties and except where explicitly permitted otherwise, to:
Publish, upload, post, email, transmit or otherwise make available any User Content that(a) You do not have the right to share;(b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;(c) infringes the Intellectual Property Rights of any party;(d) includes unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spam, chain letters, or any other form of solicitation, commercial or otherwise, or(e) contains malware, including but not limited to viruses, Trojan horse, worms, time bombs, cancelbots, corrupted files, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software, or other property.
Defame, harass, abuse, stalk, threaten, or otherwise violate the legal rights of others, including privacy, publicity or business integrity rights.
Impersonate any person or entity, including, but not limited to, an Huhu Technologies official, Huhu Technologies employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
Forge email headers or otherwise manipulate identifiers to disguise the origin of any User Content transmitted through the Huhu Technologies Websites.
Download, reproduce, display, perform, or distribute any file or User Content posted by another user that You know, or reasonably should know, that doing so is illegal.
Interfere with or disrupt the servers, or networks which support the Huhu Technologies Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Huhu Technologies Websites, harm the Huhu Technologies Websites in any way, effectuate a denial of service attack or the equivalent, or disobey any requirements, procedures, policies, or regulations of networks connected to the Huhu Technologies Websites, including any messages or notices received from Huhu Technologies regarding Your use.
Violate any applicable local, state, national or international law and any regulations.
Harvest, collect, or store personal information or data of other users.
Bulk download (except by search engines for indexing purposes) or make persistent copies of Huhu Technologies Websites, Huhu Technologies Materials and/or User Content.
Cache, store or redistribute Huhu Technologies Websites, Huhu Technologies Materials and/or User Content or make them available to any third party, including any data broker or AI provider.
You further agree not to, whether directly or indirectly including via third parties and except where explicitly permitted otherwise, access an Huhu Technologies Website by and/or use any automated data gathering or extraction methods or similar or related technologies designed to scrape or extract data from Huhu Technologies Websites (such as bots, scrapers, spiders, crawlers, Model Context Protocol (MCP), agent-frameworks, or any other text and data mining technology), including, but not limited, for text and data mining purposes or artificial intelligence training, improvement or evaluation, and/or commercial data aggregation and/or competitive analysis. The aforementioned permission for search engines to crawl the publicly accessible areas of Huhu Technologies Websites exclusively for standard web indexing purposes remains unaffected.
5. TERMINATION OF USE AND LEGAL ACTIONS
Huhu Technologies may, in its sole discretion, at any time discontinue providing or limit access to the Huhu Technologies Websites, any areas of the Huhu Technologies Websites, or any Huhu Technologies Materials or User Content provided on or through the Huhu Technologies Websites. You agree that Huhu Technologies may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the Huhu Technologies Websites or any Huhu Technologies Material or User Content. In the event You are in material breach of the TOU, Huhu Technologies may, at its sole discretion, suspend or terminate Your account, delete Your Content from the Huhu Technologies Website, and refuse You any current or future use of an Huhu Technologies Website without notice. Huhu Technologies may remove any materials posted on the Huhu Technologies Websites at Huhu Technologies’s sole discretion in compliance with respective software and maintenance agreements. Huhu Technologies shall not be liable to You or any third party for any such suspension or termination or change to the Huhu Technologies Websites.
Violations of Huhu Technologies’s Terms of Use may cause irreparable harm. In addition to suspending or terminating access Huhu Technologies may seek injunctive relief, damages, attorney’s fees and an order requiring deletion of all copies of Huhu Technologies Websites or Huhu Technologies Materials illegally obtained by the User.
If You wish to terminate your account, you may do so by submitting your request via email to webmaster@huhutech-de.com. Please note that in the event that you elect to terminate your account, Huhu Technologies has the right and may elect to continue to post and publish on the Websites personally identifying information associated with User Content that You have posted.
6. HUHU TECHNOLOGIES CONTACT
Huhu Technologies is not obligated to evaluate or provide any comments to you regarding User Content that you submit. At Huhu Technologies’s sole discretion, Huhu Technologies may contact you with critiques, updates, feedback, status, or questions regarding your submission. However, in no event will any such contact or communication from Huhu Technologies obligate Huhu Technologies to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.Company contact: Huhu Technologies Deutschland GmbHAddress: Altmarkt 10 B, 01067 DresdenPhone: +49 351 4656 6416
7. CONFIDENTIAL INFORMATION
Except for Huhu Technologies Websites explicitly designated as non-public forums ("Non-Public Forum"), Huhu Technologies Websites are intended to be public forums. You agree not to provide Huhu Technologies or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public. Except for User Content clearly labeled as confidential and uploaded into a Non-Public Forum, any User Content You submit or upload to an Huhu Technologies Website will be deemed non-confidential and non-proprietary. By submitting such User Content, You expressly waive any trade secret or other confidentiality rights with respect to such User Content.
You agree not to copy, reproduce or distribute any Confidential Information accessed through an Huhu Technologies Website except as expressly authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of Huhu Technologies or the third-party owner and must retain all original confidentiality or proprietary notices or legends. You further agree to (a) take all reasonable steps (as defined below) to maintain all Confidential Information strictly confidential; (b) use Confidential Information only as expressly authorized at the time of disclosure, and (c) not to disclose any Confidential Information to any party without the prior written consent of Huhu Technologies or the third party that has prepared such information. You do not acquire any rights in Confidential Information except as expressly permitted under this TOU. Under no circumstances may You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute, or create, modify, rent, lease, sell, distribute or develop derivative works based on the Huhu Technologies Software or Huhu Technologies Websites, or compete with Huhu Technologies Software or Huhu Technologies services in whole or in part. For the purposes of this Agreement, Confidential Information includes all trade secrets, intellectual property rights, proprietary business information, and other information Huhu Technologies or third parties protect against unauthorized disclosure, provided that such information is (i) either labeled Confidential and accessed through a restricted or non-public area of an Huhu Technologies Website or through authorized software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps’ means at least the same degree of care You and/or Your Company take to protect Your own confidential information, but in no event less than the industry standard level of care. If You are required by applicable law or a final, unappealable court order to disclose Confidential Information, You must provide Huhu Technologies with prompt written notice before disclosure, limit disclosure to the minimum amount strictly required and ensure that any disclosed information remains confidential.
ALL USER CONTENT POSTED BY YOU TO AN HUHU TECHNOLOGIES WEBSITE, WHETHER IN A PUBLIC OR NON-PUBLIC FORUM, IS POSTED AT YOUR OWN RISK: HUHU TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE; MISUSE, ACCESS, OR DISCLOSURE OF SUCH USER CONTENT BY ANY OTHER USERS OF AN HUHU TECHNOLOGIES WEBSITE.
8. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
Some of the Huhu Technologies Websites require that You become a registered user. Before you can use these Websites, You have to register with Huhu Technologies and provide Huhu Technologies with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing Huhu Technologies with Personal Data, You expressly agree that Huhu Technologies may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Websites and related activities and communications in which you agree to participate.
You are responsible for and agree to provide Huhu Technologies with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with Huhu Technologies, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting webmaster@huhutech-de.com. Please note that if You request the deletion of your account or Personal Data, You might not be able to further access and use the Huhu Technologies Websites and your User Content.
You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that Huhu Technologies collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Huhu Technologies Websites subject to Huhu Technologies’s Privacy Statement.
YOU AGREE TO COMPLY WITH THE TERMS OF THE HUHU TECHNOLOGIES PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE ‘PRIVACY’ LINK AT THE BOTTOM OF EACH WEB PAGE ON HUHU TECHNOLOGIES WEBSITES.
9. INTELLECTUAL PROPERTY RIGHTS
For the purposes of this TOU, “Intellectual Property Rights” means patents of any type, design rights, utility models, or other similar invention rights, copyrights and related rights, trade secret, know-how, or confidentiality rights, trademarks, trade names, service marks, and any other intangible property rights, whether registered or unregistered, including applications, or rights to apply, and registrations for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All Intellectual Proprietary Rights in and to any Huhu Technologies Software, the Huhu Technologies Websites, Huhu Technologies Materials, and User Content belongs exclusively to Huhu Technologies or the original submitting individual or entity. Nothing in this TOU grants You any rights to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Huhu Technologies Software, Huhu Technologies Websites, Huhu Technologies Materials, or any User Content, except as expressly permitted by this TOU or applicable law. If You create any unauthorized modifications or derivative works of Huhu Technologies Software, Huhu Technologies Websites, or Huhu Technologies Materials, such modifications or derivatives works shall automatically be assigned to Huhu Technologies without further considerations or remuneration of any kind, and Huhu Technologies hereby accepts such assignment.
For guidelines on the proper use of Huhu Technologies trademarks, please refer to the “Trademarks” link located at the bottom of each web page on Huhu Technologies websites.
You agree to comply with the terms set forth in the “Huhu Technologies Copyright Guidelines”, which can be found below or by clicking on the ‘Copyright’ link at the bottom of each Huhu Technologies Websites.
10. RESPONSIBILITY FOR CONTENT AND LINKS
HUHU TECHNOLOGIES IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT POSTED ON AN HUHU TECHNOLOGIES WEBSITE TO THE EXTENT REQUIRED BY THE GERMAN TELECOMMUNICATIONS AND TELEMEDIA DATA PROTECTION ACT (TELEKOMMUNIKATION-TELEMEDIEN-DATENSCHUTZGESETZ - TTDSG). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. Huhu Technologies does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content provided by third parties on an Huhu Technologies Website. Huhu Technologies may remove any Content posted on an Huhu Technologies Website at Huhu Technologies’s sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on any Huhu Technologies web site, please notify Huhu Technologies’s Copyright Agent in accordance with the procedure set forth at the following official link.
Huhu Technologies Websites may contain links to external websites. Huhu Technologies shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, Huhu Technologies shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked website. Huhu Technologies does not control and/or review the linked web-pages and the information provided by third parties.
11. USE OF HUHU TECHNOLOGIES DEUTSCHLAND GMBH AND THIRD PARTY SOFTWARE
Your access to and use of any software or related documentation, including but not limited to developer tools, sample code, and any application program interface (API) information provided on an Huhu Technologies Deutschland GmbH Website (collectively "Software"), is governed by the applicable software license agreement and related documents and terms (e.g., attachments, exhibits, order form, disclaimers, etc.) (collectively, the "License Agreement"). You may not download, install, or use, any Software unless and until You first agree to the terms of the applicable License Agreement. Unless expressly permitted by applicable law or the License Agreement, you are strictly prohibited from modifying, decompiling, reverse engineering, disassembling, or attempting to derive the source code of any Software.
If Software provided through an Huhu Technologies Deutschland GmbH Website is not accompanied by a License Agreement, the following conditions apply (i) You may use the Software solely for personal, informational, and non-commercial purposes; (ii) You may not modify or alter the Software in any way, and (iii) You may not copy, distribute, sublicense or otherwise redistribute the Software.
All Huhu Technologies Deutschland GmbH Software is the copyrighted work of Huhu Technologies Deutschland GmbH and is protected under applicable copyrights laws. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including Huhu Technologies Deutschland GmbH Software, constitutes an infringement of the copyright holder’s rights and may result in legal action. For information on requesting permission to use Huhu Technologies Deutschland GmbH-owned copyrighted works, refer to the “Copyright” link at the bottom of each Huhu Technologies Deutschland GmbH Websites page.
12. USE OF GENERATIVE ARTIFICIAL INTELLIGENCE FUNCTIONALITIES
The Huhu Technologies Deutschland GmbH Websites may include artificial intelligence functionality and technology that generates content and recommendations, assists with searches, or offers other forms of intelligent assistance based on Your inputs (“AI Functionality”). Any content generated by the AI Functionality shall be considered Huhu Technologies Deutschland GmbH Materials and subject to the same terms and conditions as other Huhu Technologies Deutschland GmbH Materials. By accessing and utilizing the AI Functionality, You acknowledge and agree to the following terms:
1. Acceptable Use:
You will use the AI Functionality responsibly, safely, and in a legally compliant manner, subject to the permitted uses set forth in Section 4 of these Terms of Use. You will not use the AI Functionality to:Promote or facilitate illegal activities or unlawful actions;Facilitate fraudulent actions;Attempt unauthorized access to a system, property, or information;Generate content that contains or promotes violence, hate speech, harassment, or insults or demeans a person;Generate sexually explicit content;Distribute malware or spam;Contravene regulatory safety policies;Track people without consent;Falsely impersonate an individual;Mine cryptocurrency.
2. Output:
The AI Functionality are designed to provide information, assistance, and other forms of useful output. However, Huhu Technologies Deutschland GmbH does not guarantee the accuracy, completeness, or reliability of any information or content generated by the AI Functionality. You are advised to independently verify any output before relying on it for any purpose.Similar or identical output may be generated for other users based on similar inputs.
3. Limitations and Disclaimers:
Huhu Technologies Deutschland GmbH reserves the right to limit or suspend access to the AI Functionality in its sole discretion, including if these terms are violated or for non-compliance with the documentation.Huhu Technologies Deutschland GmbH does not commit to the use of specific AI models and reserves the right to add, remove, or exchange AI models at its discretion.The use of AI Functionality may result in incorrect, biased, or nonsensical output. Huhu Technologies Deutschland GmbH is not liable for any Output.
4. Compliance with Laws:
You agree to comply with all applicable laws and regulations in connection with Your use of AI Functionality.
5. Third-Party AI Technologies:
AI Functionality may include technologies licensed from third parties. You agree to comply with any additional terms provided by Huhu Technologies Deutschland GmbH or the third-party licensors.
13. INDEMNITY
The following applies if You access a Website from outside the EU:You agree to indemnify and hold Huhu Technologies Deutschland GmbH, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of an Huhu Technologies Deutschland GmbH Website, Your breach of this TOU, any additional legal terms, or Huhu Technologies Deutschland GmbH's Privacy Statement, Your unauthorized use of any Huhu Technologies Deutschland GmbH-owned Intellectual Property, or Your alleged violation of any other rights of a third party.
The following applies if You access a Website from within the EU:You agree to indemnify and hold Huhu Technologies Deutschland GmbH, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party against any of the aforesaid entities or persons due to or arising out of Your culpable breach of this TOU, any additional legal terms or Huhu Technologies Deutschland GmbH’s Copyright or Privacy Statements.
14. EXCLUSION OF WARRANTIES
Huhu Technologies Deutschland GmbH Websites and Content are being provided to You “AS IS”. To the fullest extent allowable by law, Huhu Technologies Deutschland GmbH does not guarantee or warrant any features or qualities of any Huhu Technologies Deutschland GmbH Website or Content or give any undertaking with regard to any other quality. Statements and explanations on Huhu Technologies Deutschland GmbH Websites and Content in promotional material or on Huhu Technologies Deutschland GmbH Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published Huhu Technologies Deutschland GmbH description of or advertisement except to the extent Huhu Technologies Deutschland GmbH has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of Huhu Technologies Deutschland GmbH's management.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Huhu Technologies Deutschland GmbH disclaims all liability for any User Content or third-party content (“Content”) posted on, linked from, or integrated into an Huhu Technologies Deutschland GmbH Website. This includes, but it is not limited to, any errors, omissions in such Content, or any losses or damage incurred as a result of using or relying on such Content or any other materials accessed through any Huhu Technologies Deutschland GmbH Website and made available by a third party, security vulnerabilities or data breaches caused by third-party integrations, including cloud-based services, plug-ins, or external software.
Your use of third-party services accessed through an Huhu Technologies Deutschland GmbH Website is solely at Your own risk, and Huhu Technologies Deutschland GmbH makes no warranties regarding their availability, security, or functionality.
If You access an Huhu Technologies Deutschland GmbH Website from outside the European Union, the following applies:TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, HUHU TECHNOLOGIES DEUTSCHLAND GMBH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HUHU TECHNOLOGIES DEUTSCHLAND GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AN HUHU TECHNOLOGIES DEUTSCHLAND GMBH WEBSITE, HUHU TECHNOLOGIES DEUTSCHLAND GMBH SOFTWARE, OR HUHU TECHNOLOGIES DEUTSCHLAND GMBH MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY HUHU TECHNOLOGIES DEUTSCHLAND GMBH SOFTWARE, HUHU TECHNOLOGIES DEUTSCHLAND GMBH MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON AN HUHU TECHNOLOGIES DEUTSCHLAND GMBH WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON AN HUHU TECHNOLOGIES DEUTSCHLAND GMBH WEBSITE; OR (v) ANY OTHER MATTER RELATING TO AN HUHU TECHNOLOGIES DEUTSCHLAND GMBH WEBSITE OR HUHU TECHNOLOGIES DEUTSCHLAND GMBH MATERIALS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY HUHU TECHNOLOGIES DEUTSCHLAND GMBH AND IN CASE OF HUHU TECHNOLOGIES DEUTSCHLAND GMBH'S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
If You access an Huhu Technologies Deutschland GmbH Website from within the European Union, the following applies:IRRESPECTIVE OF THE LEGAL BASIS OF ANY CLAIM, HUHU TECHNOLOGIES DEUTSCHLAND GMBH AND ITS AFFILIATES AND SUBSIDIARIES SHALL ONLY BE LIABLE IN THE FOLLOWING CASES:MANDATORY LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAWS;GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;PERSONAL INJURY OR DEATH RESULTING FROM HUHU TECHNOLOGIES DEUTSCHLAND GMBH’S OR ITS AFFILIATES’ OR SUBSIDIARIES NEGLIGENCE OR WILLFUL MISCONDUCT;SLIGHTLY NEGLIGENT BREACH OF A SIGNIFICANT CONTRACTUAL OBLIGATION (I.E., AN OBLIGATION ESSENTIAL TO FULFILLING THIS TOU, AND IN WHOSE COMPLIANCE WITH YOU CAN GENERALLY TRUST). IN THIS CASE, HUHU TECHNOLOGIES DEUTSCHLAND GMBH’S OR ITS AFFILIATES’ OR SUBSIDIARIES’ LIABILITY IS LIMITED TO FORESEEABLE DAMAGES TYPICAL FOR THIS TYPE OF AGREEMENT AT THE TIME OF CONTRACT FORMATION.IN ALL OTHER CASES, HUHU TECHNOLOGIES DEUTSCHLAND GMBH, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR CLAIMS ARISING UNDER THIS TOU.
16. APPLICABLE LAW
If You access an Huhu Technologies Deutschland GmbH Website from outside the European Union, the following applies:New York law will govern this TOU without giving effect to any principles of conflicts of laws.
If You access an Huhu Technologies Deutschland GmbH Website from within the European Union, the following applies:This TOU shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of laws principles. To the extent permitted by applicable law, the exclusive venue for all disputes arising under or in connection with this TOU shall be the competent courts of Karlsruhe, Germany.
17. SURVIVAL
Your confidentiality obligations under this TOU shall survive indefinitely after termination of Your account or cessation of use of the Huhu Technologies Deutschland GmbH Websites, unless otherwise stated in a separate agreement. Upon any termination of Your account, or Huhu Technologies Deutschland GmbH’s written request (including emails or other electronic communication), You must immediately cease all use of Confidential Information, and/or Huhu Technologies Deutschland GmbH Websites, and return or permanently delete or destroy all Confidential Information in Your possession or control, including all electronic and physical copies.
18. WAIVER AND SEVERABILITY
The failure of Huhu Technologies Deutschland GmbH to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall remain in full force and effect and shall not be affected thereby.
19. ENTIRE AGREEMENT
The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings, or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
20. EXPORT CONTROL
Huhu Technologies Deutschland GmbH Websites may not be accessed or used by any national or certain countries or groups against which the European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria, the Crimea Region / Sevastopol, the so-called Donetsk People’s Republic (DNR) / Luhansk People’s Republic (LNR), and the non-government controlled areas of Ukraine in the oblasts of Kherson and Zaporizhzhia), Specially Designated Nationals, and other proscribed persons who are listed on the any applicable sanctioned party list of the European Union. You will not utilize Content provided on an Huhu Technologies Deutschland GmbH Website for any restricted end-use (e.g. in the design, development, or production of nuclear, chemical, or biological weapons,) nor for any end user who has been prohibited from participating in EU export transactions by any agency of the European Union.
Your access of an Huhu Technologies Deutschland GmbH Website, including the presentment of any authorized user ID and password, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, (3) has not been prohibited from participating in EU export transactions; (4) such use is not restricted, and (5) that, as an Authorized User, You have not disclosed or provided such password and user ID to any such person for use under Your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.