Terms of use

§ 1 Scope and provider

(1) These terms of use apply to the use of the website zortio.de and to the application “Zortio” provided there to run directly in the browser (the “software”).

(2) The provider is Gaea Operations GmbH, Neuer Wall 10, 20354 Hamburg, Germany (“we”). Full provider details are in the legal notice.

(3) Deviating or supplementary terms of the user do not become part of the contract unless we expressly agree to their validity in text form.

§ 2 Subject matter

(1) We make the software available free of charge for use in the browser. No installation takes place. The software sorts files within a folder the user has granted access to and moves them into subfolders. All processing happens on the user’s own device.

(2) There is no entitlement to provision, to any particular feature, to further development or to support. We may change or discontinue the offering at any time.

(3) Using the website and the software does not create a continuing obligation and requires neither registration nor an account.

§ 3 Rights of use in the software

(1) We grant the user a simple, non-exclusive right, unlimited in time and territory, to use the software free of charge for private and commercial purposes.

(2) Passing the software on unmodified is permitted, provided this is done free of charge and these terms of use are enclosed or linked.

(3) Without our prior consent in text form, the following are not permitted:

• selling the software or bundling it with paid offerings,
• passing it on in modified form or under a different name,
• removing or altering copyright, trademark and origin notices,
• using our trademarks or logo to promote third-party offerings.

(4) All rights not expressly granted remain with us. Mandatory statutory rights of the user, in particular under §§ 69 d and 69 e of the German Copyright Act, remain unaffected.

§ 4 User obligations and responsibility

(1) The software moves files on the user’s device. The user selects the folder to be processed and decides, after reviewing the preview, whether to proceed.

(2) The user is responsible for backing up their own data. We expressly recommend creating a backup before first use and before extensive operations.

(3) The user ensures that they are entitled to process the files concerned and that using the software violates neither third-party rights nor internal policies.

(4) The user will not use the website in a way that impairs its availability or security, in particular not through automated bulk requests.

§ 5 Warranty

(1) The software is provided free of charge and in its current state (“as is”). For defects in quality and title we are liable under the principles of gift law only insofar as we have fraudulently concealed a defect (§§ 523, 524 of the German Civil Code).

(2) We warrant no particular characteristics, no fitness for a particular purpose and no uninterrupted availability of the website.

§ 6 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the provisions of the German Product Liability Act and to the extent of any guarantee we have assumed.

(2) In the case of slight negligence we are liable only for the breach of material contractual obligations, that is obligations whose fulfilment makes proper performance possible in the first place and on whose observance the user may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract.

(3) Otherwise liability is excluded. This applies in particular to the loss of data insofar as the damage is due to the user having failed to make a reasonable backup.

(4) The above limitations of liability also apply in favour of our legal representatives and vicarious agents.

§ 7 Availability of the website

We endeavour to operate the site as free of disruption as possible but do not owe any particular availability. Maintenance work, security measures and disruptions outside our sphere of influence may lead to temporary interruptions.

§ 8 Advertising and third-party content

(1) Third-party advertisements may be displayed on the website. Areas recognisable as advertising are labelled accordingly.

(2) The respective providers alone are responsible for the content, offerings and accuracy of third-party advertising and for linked external sites. Details of data processing are set out in the privacy policy.

§ 9 Changes to these terms

We may change these terms of use with effect for the future, in particular where the legal situation or the range of services changes. The version published on this website at the time of use is the one that applies.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the state of their habitual residence.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Hamburg.

(3) Should any provision of these terms of use be or become invalid, the validity of the remaining provisions remains unaffected.