Terms of Service
The rules for using en3sis.com and the software published under the en3sis name: what you can expect, what is expected of you, and the limits of liability.
Who you are dealing with
These terms apply between you and Sorin-Ionut Curescu, trading as en3sis, Nürnberg, Germany ("en3sis"). Full operator details are on the imprint.
What these terms cover
"Services" means this website and any software published by en3sis that refers to this page, including:
- web and mobile apps;
- browser extensions, command line tools and desktop apps;
- bots and integrations for platforms such as TikTok, GitHub, Discord and Google;
- hosted versions of open source projects.
A service may have its own additional terms. Where it does, they apply to that service and take precedence over this page wherever the two differ.
Who may use the services
You must be at least 16 years old, or older where a connected platform sets a higher minimum age. If you use a service on behalf of a company or organisation, you confirm that you are authorised to accept these terms for it.
Third-party platforms and sign-in
Some services let you sign in with, or connect, an account on another platform such as TikTok, GitHub, Google, Apple or Discord. When you do, you authorise the service to access that account within the permissions shown on the platform's consent screen.
Your use of those platforms remains subject to their own terms and policies. en3sis is not affiliated with, endorsed by or sponsored by these platforms unless a service states otherwise, and is not responsible for their availability or conduct. You can revoke a service's access at any time in the platform's settings.
Your content
Content you create, upload or publish through a service stays yours. You grant en3sis a non-exclusive, free licence to store, process and display it, limited to what is needed to provide the service to you and for as long as you keep it in the service.
A service only publishes or posts to a platform on your behalf when you instruct it to. You are responsible for holding the rights to the content you provide and for it complying with the law and with the rules of the platform it is posted to.
Acceptable use
You must not:
- use a service to break the law or the rules of a connected platform;
- connect an account or submit content you are not entitled to use;
- attack, probe, overload or disrupt a service, or bypass its rate limits or access controls;
- access data that belongs to another user;
- use a service to send spam, malware, or misleading or unlawful content;
- resell or rebrand a hosted service without written permission.
en3sis may block content and suspend or close access where there are concrete indications of a breach of these rules, taking your legitimate interests into account.
If you culpably breach these terms or the rights of third parties and a third party brings a claim against en3sis as a result, you indemnify en3sis against that claim, including reasonable costs of legal defence.
Open source
Source code published by en3sis is licensed under the licence in its repository. These terms apply to the hosted services and this website and do not restrict your rights under that licence.
Paid features
Where a service sells something, the price, what it includes, and any information about your statutory right of withdrawal are shown before you buy. Payments are processed by third parties such as Stripe or an app store. Purchases through an app store are also subject to the store's terms. Your statutory rights as a consumer are unaffected.
Availability and changes to services
Free services are offered without a right to continued availability and may be changed, limited or discontinued at any time. Paid features are changed only within the limits of the law, in particular section 327r of the German Civil Code (BGB), and amounts already paid for periods that are no longer provided are refunded.
Warranty
Free services are provided as they are. Statutory warranty rights apply to paid features. Nothing a service shows is legal, financial, tax or other professional advice.
Liability
- en3sis is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and under any guarantee it has given.
- For services provided free of charge, any further liability is excluded, in line with the statutory standard for gratuitous services (sections 521 and 599 BGB).
- For paid features, en3sis is liable for slight negligence only where it breaches an essential obligation, meaning one whose fulfilment makes the proper performance of the contract possible and on which you may regularly rely. In that case liability is limited to the damage typically foreseeable when the contract was made.
- These limits also apply to the personal liability of anyone acting for en3sis.
Law and jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country where you habitually reside. If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Nürnberg.
en3sis is not obliged and not willing to take part in dispute resolution proceedings before a consumer arbitration board.
Changes to these terms
These terms may be updated with effect for the future. The version shown on this page, with its date at the top, applies to use from that date. A purchase is governed by the terms in force when it was made.
Final provisions
If any provision of these terms is invalid, the remaining provisions stay effective and the statutory rules apply in place of the invalid provision.
Contact
Questions about these terms: [email protected].