General Terms and Conditions

1) Subject matter and scope of the contract

a) These General Terms of Use (“Terms of Use”) regulate the use of the online platform provided by ‪Mediaworker GmbH, Stockholmer Platz 1, 70173 Stuttgart, Germany (“Mediaworker” and “Cancel.io”).

b) Cancel.io is an online platform that makes it possible to manage contracts online, to optimize contracts and to have processed documents, such as cancellations, delivered or downloaded by a service provider.

c) The following General Terms and Conditions (hereinafter “Terms & Conditions”) are definitive in regulating the contractual relationship between Cancel.io and the respective user and apply exclusively.

d) The Terms & Conditions apply to all users, both to consumers as defined by § 13 of the German Civil Code (BGB) and to entrepreneurs. An entrepreneur within the meaning of these Terms & Conditions is a legal or natural person or a partnership with legal capacity which, when completing an order, acts in the exercise of its commercial or independent professional activity.

e) The Terms & Conditions are valid independently of systems, domains or devices on which Cancel.io is offered and run. Terms and conditions of users that contradict or deviate from these Terms & Conditions are not recognized, unless Cancel.io has expressly agreed to this in individual cases. By using Cancel.io, users agree to these Terms & Conditions.

2) Registration and user account

a) Services for which registration is not absolutely necessary can also be used without prior registration. When using services that require registration, it is mandatory to register with complete and truthful information from the user in all input fields marked as mandatory.

b) Only individual natural persons are permitted as users (no groups, families, life partners, etc.). Registration must be completed in person. Registration by third parties is not permitted.

c) The user must provide an email address registered to them when registering. The user must provide only truthful and complete information during registration. The user is obliged to keep the data provided during registration up-to-date at all times. As far as is necessary for execution of the user contract, ‪Cancel.io is entitled to request suitable proof of identity from the user, which will be deleted immediately after verification.

d) The user submits an offer to conclude the user agreement regulated here by entering the data required and completing the registration on Cancel.io. ‪Cancel.io accepts the offer by activating the user account. ‪Cancel.io may make activation of the user account dependent on the user validating their email address (opt-in procedure). In this case, ‪ Cancel.io asks the user to validate their email address in the email confirming receipt of the offer. On activation by ‪Cancel.io, a user agreement comes into being between ‪Cancel.io and the user, which is subject to these Terms of Use. In some cases – especially when registering via third-party sites (e.g. social networks) – the registration procedure may differ from this. In such cases, the user is expressly informed of this and makes the relevant declaration for the user agreement.

e) As an alternative to registering via ‪Cancel.io, Cancel.io ‪may offer registration via appropriate functions on portals or social networks (e.g. “Facebook Connect”). With the consent of the user, personal data of the user may be transferred by the respective operator to Cancel.io. The use of such registration procedures requires the user to log in to the corresponding portal or social network in accordance with the regulations and conditions applicable there. In this case, the provisions of this section 2 shall apply mutatis mutandis to the conclusion of the contract.

f) There is no entitlement to conclusion of a user contract. Cancel.io reserves the right to refuse conclusion of a user contract without giving reasons, in particular due to incorrect information during registration or use, doubts about the legal existence of the user or violations of the General Terms and Conditions.

g) Transfer of the user account or its assignment to third parties is not permitted without the consent of ‪Cancel.io.

3) Service description

a) The contract between Cancel.io and the user is limited to provision of the platform, provision and completion of declarations of intent and declarations to third parties and forwarding of declarations of intent and other notifications to third parties to a distribution service provider.

b) Information that Cancel.io makes available to the respective providers is not binding. All information is made available by Cancel.io with the greatest care, but it is not possible to verify that this information is accurate. Cancel.io therefore asks users to check the accuracy and completeness of the information before each contract is concluded.

c) Moreover, Cancel.io is not involved either in the initiation or conclusion of a contract between the user and any third-party providers. Cancel.io expressly acts neither as a representative nor as a vicarious agent, unless Cancel.io expressly concludes contracts with its users on behalf of other providers. Cancel.io is therefore not responsible for any consequences that may arise for users from these contracts.

d) Insofar as Cancel.io sends out declarations of intent and other declarations, in particular cancellations, for its users, Cancel.io cannot guarantee their timely receipt and/or effectiveness. The service provided by Cancel.io comprises sending the declarations of intent or other declarations in accordance with the information provided by users and in the form of dispatch chosen by them. Their receipt and effectiveness depend, for example, on whether users have entered the necessary contract data correctly and whether the contractual conditions and applicable law allow them to take effect. Users are therefore expressly asked to exercise the greatest care when entering and checking the respective contract information.

e) Since diligence plays a very important role in the use of our service and diligence in the form of reading the Terms & Conditions should also be rewarded, Cancel.io will give the first 10 users who enter the voucher code “Read” when using a paid service a discount of one free document shipping. This voucher code can be used only once per person and cannot be reused. The price for the service must not fall below €0. If the voucher leads to the price for a service falling below €0, the value of the voucher that takes the total below this will not apply.

f) The user has no claim to guaranteed receipt of the letter by the third party, formal effectiveness of the letter or compliance with any deadline. The service offered by Cancel.io is limited to the attempt to transmit the fax to the third party by telecommunications and/or to deliver the letter by post, for example by dropping it into a mailbox, handing it in at a post office or commissioning a postal service provider.

g) Cancel.io provides the user with an online application with the free function “Create a document”, by means of which the user can independently create an individually tailored letter to a third party on the basis of predefined text modules.

h) The templates made available by Cancel.io (e.g. cancellation templates) are checked legally, but are deemed only to be non-binding samples, since a letter is only checked with binding effect in specific individual cases.

i) Unless otherwise agreed, Cancel.io may also use third parties to perform the services.

4) Authority

a) Cancel.io is granted authority by users to act on their behalf. This authority extends exclusively to the execution of services commissioned by users, as necessary. If users appoint Cancel.io to provide services such as giving information to or handling communication with third-party providers, the authority also covers this.

b) If users disclose their access details for third-party providers to Cancel.io, the authority extends to their use within the scope of the service provision described above. Users ensure that Cancel.io has the authorization to use their access details in this context.

5) Costs

a) Cancel.io is available and usable free of charge.

b) Only when users make use of Cancel.io services for which there is a charge are costs incurred.

c) Information about the costs and payment options for chargeable services is provided before use, and an overview of prices is also available.

d) It is possible for users to choose chargeable shipping methods for documents. On completing a document, users are asked how the document should be sent to the recipient and can then select one of the paid variants (e.g. by letter). Users are provided with information about overall costs including VAT. By clicking on the “Pay and send” button, a contractual relationship is created between Cancel.io and the user. Up to this point, users can amend their information at any time and go back in the ordering process by clicking the “Back” link or the back button of their browser.

e) With the order confirmation, users also receive a copy of the Terms & Conditions, the cancellation policy and information about delivery and payment conditions (contract text). This also includes a copy of the Terms & Conditions, the cancellation policy and delivery and payment conditions.

f) Cancel.io reserves the right to adjust the fees for services at any time. Previously commissioned and ongoing services are excluded from the possible fee adjustment. The respective adjustment becomes valid if no extraordinary termination takes place within two weeks of receipt of notification of the change by the user. Notification of the change includes information from Cancel.io about the consequences of failure to object.

g) If there is a delay in payment for a service provided by Cancel.io, Cancel.io has the right to withhold performance of the service and to block the user account until the delay has been resolved. The notice period for notification of the user by Cancel.io that their account is about to be blocked is usually 10 working days. This is without prejudice to other legal and contractual rights of Cancel.io with regard to a delay in payment by the user.

h) If costs are incurred due to incorrectly transmitted data on the part of the user or due to issue of a reminder about outstanding claims, the user is charged a processing fee of EUR 2.50. The user reserves the right to prove no costs or lower costs have been incurred.

i) In the case of offsetting, recognition by the other contracting party or legal establishment of the claims is necessary, unless these are main claims or claims for defects. A right of retention applies only if claims are asserted that arise from the contract in question.

6) Cancellation policy for consumers

Under the following cancellation policy, you have a right of cancellation only if you are a consumer as defined by § 13 of the German Civil Code (BGB).

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any further reasons. The cancellation period is exactly fourteen days from the date of conclusion of the contract. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (such as a letter sent by post, or email).

Mediaworker GmbH
Stockholmer Platz 1
70173 Stuttgart
Germany

Email: contact@cancel.io

You can use the attached sample cancellation form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient for you send the notification of your decision to exercise your right of cancellation before expiry of the cancellation period.

Consequences of cancellation

In the event of cancellation of the contract, we will refund all payments we have received from you in connection with it (including delivery costs, excluding the additional costs due to the choice of standard delivery other than the cheapest one offered by us) within fourteen days of the date on which we receive your cancellation of the contract. In doing so, we use the same means of payment with which the payment was made on your part, unless expressly agreed otherwise. If you have requested that we begin performance of the service before expiry of the cancellation period, a reasonable amount shall be due that corresponds to the progress of the service that has already been carried out.

Sample cancellation form

(If you want to cancel this contract, please complete this form and send it back to us)

To:

Mediaworker GmbH
Stockholmer Platz 1
70173 Stuttgart
Germany

Email: contact@cancel.io

– I/We () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

– Ordered on ()/received on ()

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (hard copy only)

– Date

(*) Delete as appropriate

Information about withdrawal of letters: Letters of the user which have been sent immediately remain unaffected by the cancellation. This means that users themselves must take steps to withdraw any letters that have already been sent.

7) Obligations of users and responsibility for content

a) The users ensure that the information provided by them on Cancel.io is truthful and does not affect the rights of any third parties. Cancel.io is exempt from responsibility for the content created by users and does not adopt it as its own. If action is taken against Cancel.io due to breaches of the law for which the user is culpable, Cancel.io shall be indemnified by the user, who will do their utmost to clarify the situation.

b) Log-in details, usernames, passwords

The user is obliged to keep their log-in details strictly confidential. In particular, the user is obliged to use their log-in details exclusively within the ‪Cancel.io services and to protect them from unauthorized access by third parties. The term “log-in details” is understood to mean the personal access data of the user which is used to authenticate the user and exclude use by unauthorized third parties. The password should not be identical to the username and should contain at least an eight-character combination of numbers and letters. In the event that the user has reason to suspect that third parties have or may have obtained these details without authorization, they must ‪inform Cancel.io immediately and change their details or arrange for Cancel.io to do so. ‪In this case or if Cancel.io has evidence of misuse of the details, it also has the right to block the user’s access temporarily. The user shall be allowed to use it again as soon as the suspicion of misuse of the data has been clarified.

8) Warranty

a) If the information provided by users in the specified fields is not complete or not filled in truthfully, no guarantee is given for its effectiveness. This also applies if the user receives confirmation of the submission or dispatch of the letter. In case of untruthful or only partial completion of the forms, Cancel.io cannot guarantee their effectiveness. This also applies in the event of confirmation by Cancel.io of submission or dispatch of the form.

b) If Cancel.io uses third-party providers to perform services (for registration or payment systems of third parties, integration of content, etc.), the terms of use of the third-party providers shall also be observed. Cancel.io assumes no responsibility for any restrictions on performance of services due to third parties, provided that the third party is not a vicarious agent of Cancel.io.

c) Otherwise, the statutory defect and warranty rights of the users apply.

9) Termination

Free access to the personal area is for an indefinite period. It may be terminated by either contracting party at any time without observing a notice period.

The contract for the paid function “Send document immediately” ends when the dispatch notice is sent to the user.

10) Liability

Cancel.io is liable in accordance with the statutory provisions for damage to the user caused by intentional or grossly negligent behavior of ‪Cancel.io or its vicarious agents, and for personal injury and damage in accordance with the Product Liability Act.

Otherwise, the liability of ‪Cancel.io for claims for damages – for whatever legal reason – is limited in accordance with the following provisions, unless a warranty provided by ‪Cancel.io stipulates otherwise: Cancel.io is liable for damage caused by minor negligence ‪only insofar as it results from the breach of material contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations, the fulfillment of which makes proper execution of the contract possible in the first place and on the observance of which the user may expect to rely. If ‪Cancel.io is liable for simple negligence in accordance with the above, the liability of ‪Cancel.io is limited to the typically foreseeable damage.

The liability of ‪Cancel.io for ‪loss of data and/or programs caused by minor negligence on the part of Cancel.io is limited to the typical recovery work that would have been incurred by the user if the data had been backed up regularly and appropriately by the user in view of the circumstances. The provisions of the above paragraphs also apply accordingly to a limitation of the obligation to pay compensation for futile expenses (§ 284 BGB).

The above limitations of liability also apply in favor of any vicarious agents of ‪Cancel.io.

Cancel.io is not liable for any costs incurred by the user through the use of services that are expressly not provided by ‪Cancel.io itself. This applies in particular to costs for data transfer to or from the user’s end device and any costs of the user for the use of payment systems.

Any liability, regardless of fault, is excluded for defects in the ‪Cancel.io services present at the beginning of their performance, i.e. ‪Cancel.io shall be liable only to the extent that ‪Cancel.io or its vicarious agents are responsible for this.

The obligation to perform on the part of Cancel.io does not apply in cases of force majeure, such as strikes, natural disasters and wars, and in the case of events the effects of which are beyond the reasonable control of the contracting parties. This applies in particular to possible strikes at third-party companies, measures taken by the authorities, disruptions affecting communication and online providers. Cancel.io shall make all reasonable efforts to provide the service due, but is released from the obligation to perform as necessary for the duration of the disruption.

11) Amendment to the Terms & Conditions

Cancel.io reserves the right to amend the Terms & Conditions at any time with effect from that point forward. Amendments shall be made only if there are valid, material reasons, in particular legal, technical or commercial reasons. Cancel.io shall provide notification of amendments to the Terms & Conditions at least in text form, so that users have two weeks to object. In the event of an objection, both the user and Cancel.io have a right of termination. In the absence of any objection, the amended version shall be deemed to have been accepted after two weeks.

12) Place of jurisdiction, applicable law

a) Deviating terms and conditions of users are not recognized, unless Cancel.io expressly agrees to them.

b) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of Cancel.io. The same applies if the customer does not have a general place of jurisdiction in Germany or their domicile or habitual residence is not known at the time the action is filed.

c) In the event of the invalidity of individual provisions of these Terms of Use, the remaining provisions shall remain in force. The invalid provision shall be replaced by the statutory provision.

Stuttgart, 6/23/2022
Mediaworker GmbH
Stockholmer Platz 1
70173 Stuttgart
Germany

Registration number: HRB 747776
Register court: Amtsgericht Stuttgart
VAT ID number: DE293254310
Managing director: Matthias Emmert