Ghostery Terms and Conditions
Effective Date: June 4, 2019
These General Terms and Conditions (hereinafter: “GTCs”) apply to the use of Ghostery products and services. The services are offered by Cliqz International GmbH, Arabellastrasse 23, 81925 Munich, Germany (hereinafter: “Cliqz”, “we” or “us”).
Together with your Order Form and, if applicable, the invoice, these General Terms and Conditions (GTC) form the main contract for the rental or use of our software. Should there be no Order Form or invoice as an exception, the main contract shall consist of these GTC.
The following definitions shall apply:
GTC – the conditions of this document
End device – any hardware used to play, install, run, compile, decompile, and/or use software, of any type, mobility or hardware and/or software environment
EULA – our End User License Agreement, available here
Order Form – the contract for the respective services consisting of your order confirmation, the invoice, including our GTC, if applicable
Services – all products and/or services of Cliqz International GmbH
You, Your – the contractual partner as the user of the services
Software – all products and/or services of Cliqz International GmbH
1. Scope of Application
(1) The GTCs apply to all deliverables we offer to users in connection with the services, in particular the free and fee-based services. The GTCs cover the browser add-on, the app, as well as all additional services or software products that we provide in connection with the services.
(2) Deviations from these GTCs are considered agreed only if they have been expressly confirmed in writing. In particular, the mere omission of an objection on our part to other terms and conditions does not result in such terms and conditions being considered as agreed.
(3) Specific rules on the use of a service may additionally apply. In particular, the corresponding service description and/or license agreement (EULA) applies, which you should read carefully. These provisions are part of these GTCs between us and yourself.
2. Contract Conclusion
(1) To use our services, you have to install the add-on and/or a mobile application and, possibly, register if asked to do so or buy one of our products.
(3) Commercial use is generally permitted without our additional consent for all products that we designate as “Enterprise” or “Professional”. Products or services that are not clearly designated as “Enterprise” or “Professional” products are not intended for commercial purposes and must not be used for commercial purposes without our express, prior, written consent.
(4) If you would like to use our service, these GTCs apply, and are included. If you do not agree to these GTCs, please do not use our products or services. You can print or download the GTCs.
(5) Minors are only permitted to use and pay for service functions subject to fees if their statutory representative has explicitly approved such use.
(6) We reserve the right to restrict access to our products and services in certain regions and/or states in full or in part. The availability of our website does not justify a claim to availability of the products and/or services in your region and/or in your state.
3. Registration and E-mail Address
(1) We offer both services that are free of charge and services that are subject to fees. For services that are free of charge, your registration is possible; for services subject to fees, your registration is mandatory. If registration is mandatory, we refer to this separately. For services without a mandatory registration, the scope of use of the product may be limited.
(2) When registering, use a valid e-mail address. If using a service subject to fees, you also need to provide your name and address.
(3) We need your e-mail address both for your user account and to be able to contact you or inform you in accordance with the law. You can use your e-mail address and password later to sign in on our website, order free services, and see in your dashboard what fee-based functions or services you are already using or easily cancel them there.
(4) Moreover, we would like to use the e-mail address you provide to us in order to inform you promptly about changes to Ghostery or send you information in the scope of what is permitted by law in accordance with Section 7 (3) UWG [Act Against Unfair Competition] (direct advertising) related to our own, similar products. However, if you do not want to receive direct advertising (any longer) on the basis of this law, you can object to the corresponding use of your e-mail address at any time by sending us an e-mail to firstname.lastname@example.org, with the subject line “Unsubscribe Advertising”, and this will not result in costs other than the costs of transmission according to the basic rates. Please write us from the e-mail address or indicate the e-mail address that you provided to us.
(5) You guarantee that the information you provided during registration is correct and, in particular, that you are authorized to use the e-mail address you provided. If your information changes, you need to inform us immediately.
(1) To use our services, you have to install our browser add-on or our mobile application or buy one of our products. The following descriptions of our products or services serve only as a guide and we do not claim that they are complete or accurate. In particular, they do not constitute a promise or guarantee of specifications. The relevant product information page controls in each case.
(2) The content of all our products and services is the protection of your privacy and the security of your communication. For this purpose, we have developed various products, tools and services that could help you protect your privacy. Please note that complete protection of your privacy is not possible and the extent of protection through our services highly depends on your own behavior, e.g. use of secure access, passwords and surfing behavior.
(3) Our fee-based services are, in part, advanced versions of our free versions and, in part, original products and services. We offer a fee-based version of our browser add-on Ghostery Browser Extension. As compared to the free product, the fee-based version offers additional functionalities, including advanced statistics, prioritized support and new themes. Ghostery Premium offers you the possibility of securing the privacy of your desktop or mobile device. Ghostery Professional is our offer for commercial or professional use and offers real-time and historical analysis of websites and their tracking systems. Furthermore, we are constantly working on advanced and new products, so we may expand this list from time to time.
5. Rights of Use
(1) Our products and services, especially our databases and the computer programs we use are copyright-protected. Any copying, change, distribution or storage of our products and services or copyright-protected information about our products and services is permitted only if necessary for intended use. Any other use requires our express prior consent. This applies also to the inclusion in electronic databases and copying to CD-ROM, DVD, etc. In particular, private and/or commercial copying, change, distribution or other improper use of our products and services is not permitted. The limitation provisions of Chapter 6 of UrhG [German Act on Copyright and Related Rights, “UrhG”] remain unaffected.
(2) The rights of use for our products and services do not give you the right
- to rent, lease, lend, reproduce, resell or otherwise distribute or pass on our products and services or access thereto, not even via the Internet or a downstream public or private data network;
- to use our products and services to develop other services, in particular to develop derived or downstream services;
- to activate and/or use the functionalities of our products and services for which no rights of use have been granted to you, and in particular, it is forbidden to use fee-based products and services for which you do not have a subscription;
- to transfer the rights of use for our products and services to third parties or grant third parties access to the platform;
- to change, translate, copy, decompile, or search the functions of the source code of our products and services, expect if necessarily permitted by law;
- to remove, conceal or change legal references, in particular to commercial property rights of our products and services.
(3) If a source code or a computer program needs to be downloaded or sent as an exception in order to use our products and services (e.g. by a plugin, add-on or app), you will not acquire any proprietary rights to the copy. Moreover, the right of use is simple, non-transferable and non-sublicensable, and is limited to the term of the user agreement. If our products and services are discontinued in whole or in part, you are obliged to immediately delete the program provided to you, as well as any source code. Since the right of use is limited to you personally, you may not allow third parties to use our products and services via your access, unless you conclude a separate agreement with us or have our written consent for this.
(4) If there is no copyright or other proprietary rights to our products and services for legal reasons, the provisions of EULA and, secondly, the rights of use provisions in these GTCs apply accordingly.
(5) The provisions of Sections 69d (2) and (3); 69e UrhG remain unaffected.
6. Use Limitations / Right to Exemption
(1) The use of third-party services or content that you retrieve using our products and services are subject to contractual relationships exclusively between you and the providing third party. We do not represent these providers and do not intermediate for any of their services.
(2) Our products and services may not be used for commercial purposes or purposes other than the ones we describe, unless expressly permitted by us in writing or you and we have a contract for such use. You may not advertise using our products and services or indicate a trade or commercial relationship with us, if this is not true. You are prohibited from manipulating our products and services by whichever means (scripts, programs, bypassing access barriers (hacking, among others)).
(3) You guarantee not to use our products and services for illegal purposes, in particular to crate the following content:
- content that, in terms of its content and/or objective, incites hate against parts of the population or against a national, racial, religious, or tradition-based group, prompts to take violent or arbitrary measures against them, or attacks human dignity or general personality rights by insulting, maliciously degrading or slandering parts of the population or a group mentioned above;
- content that describes children or young people in an unnatural and explicitly sexual positions, that is pornographic, in particular if it focuses on violence, sexual abuse of children and young people or sexual activities of humans with animals; as well as content that violates the regulations on youth protection for other reasons, in particular content within the meaning of the relevant norms of the German Interstate Treaty on the Protection of Minors; this also applies to content that even just refer to or insinuate such content and/or objectives;
- content that advertises games that require a state permit (in particular, gambling activities in accordance with Section 284 StGB [German Criminal Code], or involves or advertises chain letters, pyramid or Ponzi schemes, betting or related things, but this does not apply to legal gambling, if there is a separate contract between you and us;
- content with threatening, offensive, slanderous or otherwise defamatory material and/or racist or xenophobic tendencies;
- content that infringes upon the right to protection of privacy and the personal space and/or otherwise upon the general personality right and/or threatens or pressures others in any way or would put them under pressure if it were to be carried out;
- content that violates the rights of third parties to their image;
- content that violates positions of third parties protected by copyright and/or ancillary copyright (e.g. photos, for to which you do not have the required rights).
(4) You also guarantee not to commit any copyright violations when using our products and services, for example, by downloading copyright-protected files without authorization and making them available to others. Such use of our products and services is prohibited.
(5) You have to refrain from any activities which aim to disrupt our products and services.
(6) You agree to indemnify, hold harmless and exempt Cliqz International GmbH and its affiliates in accordance with Sections 15ff. AktG [German Stock Corporation Act] from all third-party claims against us due to your culpable breach of one of the obligations listed in this Section 6.
(7) You agree to bear the reasonable costs of legal defense against the third-party claims described in Section 6 (6).
7. Control and Blocking of User Accounts
(1) Generally, we DO NOT control what Internet services you retrieve or visit using our products and services. For this reason, we also do not assume any liability for your use of our products and services. However, it is possible that we are bound by law to prevent access to certain online content. We will indicate this to you in an appropriate manner.
(2) If there is a concrete indication that a user is breaching or has breached Sections 5 or 6 of these GTCs, we have the right to respond as follows, in consideration of and weighing the interests of the corresponding users:
- We will always take into consideration the severity of the breach and the degree of user’s culpability when choosing a sanction for a breach of the GTCs.
- We will warn the user in advance if this is appropriate as the mildest measure in an individual case.
- Furthermore, if the suspicion that a user has breached Section 5 or 6 is confirmed, we can block the user’s access completely or partially and for a certain time or even permanently delete it. A user account is deleted only in case of an intentional breach of these GTCs, committed repeatedly or with the intent of causing damage or for personal enrichment. If a user is blocked by us or their user account is deleted, this block is aimed at this user as a person and not just at the relevant username, e-mail address or corresponding user account they used.
(3) If statutory requirements are met, we always have the right to extraordinary cancellation of the contract with the user with immediate effect. Additional and further claims, in particular claims for damages, remain unaffected.
8. Availability of our Products and Services
(1) The gratuitous use of our products and services is offered to users subject to availability. We make an effort to ensure that the user is provided gratuitous services without disruptions. Use may be limited or temporarily interrupted as a result of maintenance work, further development or other disruptions. If this is the case, it does not give rise to claims for damages against us.
(2) In the case of fee-based offers of our products and services, we fulfill our contract with you in accordance with the concrete product specifications. We try to ensure the highest possible availability, but our products and services are mainly software services that undergo constant changes. Use may be limited or temporarily interrupted as a result of maintenance work, further development or other disruptions. If this is the case, it does not give rise to claims for damages against us. Statutory warranty claims under German law and in case of an express assumption of a guarantee by us remain unaffected. In no case are we liable for disruptions of your Internet connection or disruptions on the part of your provider or disruptions due to force majeure.
(3) Furthermore, we have the right to change or discontinue the offered free services and performance at any time at our own discretion without notice. Fee-based services can be discontinued any time after the expiry of the agreed period of performance.
9. Our Liability
(2) Under contracts for fee-based services, we are only liable, subject to statutory rules, for damages to the user that have been caused intentionally or with gross negligence, that are the consequence of non-availability of a guaranteed specification of the service, that are the result of a culpable injury to health, body or life, or that are subject to compulsory liability under the law, in particular liability under the German Product Liability Act.
(3) For other damages, the liability in case of a breach of a material contractual obligation (known as a cardinal obligation) is limited to damages that have to be typically and foreseeably expected in the scope of provision of a service such as the contractual service.
(4) Cardinal obligations are contractual obligations whose performance enables the proper implementation of the contract at all and the adherence to which the contractual parties can usually rely on, and the breach of which, on the other hand, jeopardizes the achievement of the contractual aim.
(5) Under contracts for free services, regardless of the provisions of Sections 9 (1) to 9 (3), we are only liable for intent and gross negligence in accordance with the statutory liability scope of Section 521 BGB [German Civil Code].
(6) Apart from that, liability against us as well as against our performing or vicarious agents is excluded regardless of the legal reason for such liability.
(7) If damages to the user result from the loss of data, we are not liable for this if the damages could be prevented through regular, complete back-up of all relevant data by the user, with a frequency appropriate to the value of the data. In case of liability, we are liable only for the damages that would occur with regular, complete back-up of all relevant data, with a frequency appropriate to the value of the data.
Any warranty claims arising based on the nature of the service concerned, applicable statutory rules generally apply. However, the warranty period is reduced to one year, except in the case of claims for damages due to defects, resulting from non-availability of a guaranteed specification of the service, resulting from a culpable injury to health, body or life, or that are subject to liability under the Product Liability Act. We do not assume guarantees.
11. Fee-based Services
The following addition provisions apply to fee-based offers:
11.1. Contract Conclusion
(1) The contract for the use of our fee-based content or services arises upon registration for the desired and chosen payment system provider, agreement to the GTCs and the corresponding acceptance by us.
(2) By registering for a fee-based service and completing the entry of the corresponding payment information in the system, you are submitting a binding offer to conclude a contract for the provision of the respective service. Descriptions of services on our internet pages or in our mobile application are only a non-binding invitation to you to submit a corresponding offer.
(3) Acceptance by us takes place at the latest once access to the fee-based functions or parts is open to you. We accept or reject your offer, in our sole discretion. We reserve the right to make fee-based offers only accessible in certain regions. This is based mainly, but not exclusively, on whether we can guarantee the payment of taxes to the respective authorities. You have no claim to us offering a fee-based service in your region.
(4) You can read in the specifications of the chosen product whether the respective fee-based offer is subject to a one-time payment or is automatically extended if it is not canceled and therefore is subject to a recurrent payment.
11.2. Right to Withdraw
If you are the consumer and maintain a residence within the EU or the European Economic Area, you have a 14-day right to withdraw. You can find the withdrawal instructions and the template withdrawal form in Sections 17 and 18 of these GTCs.
(1) The prices of individual performance, services and content that we offer are found in the respective offer. The indicated prices include the respective applicable statutory value-added tax, if your place of residence or registered office or the place of your permanent residence is within the European Union or the European Economic Area or in another location subject to a law that prescribes the specification of a total price.
(2) If your place of residence or registered office or the place of your permanent residence is in the USA or in another country where the specification of net prices is prescribed or common, then are prices exclude the applicable statutory value-added tax.
(3) The differences in the price presentation are determined by our payment service software using your geographic information based on your IP address. Therefore, for a correct presentation of the prices, you have to register without using anonymization software (e.g. VPN connections, TOR browser). A claim to lower prices or withdrawal due to incorrect price information is therefore excluded if the incorrect prices are shown due to a hardware or software used by you that makes it impossible for us to show you the correct prices.
(4) The prices for any recurrent payments may reduce or increase in the course of the user’s subscription. Such changes do not affect the ongoing contractual periods. A price increase that occurs during an ongoing contractual period is effective only once the user agrees to it. Otherwise, your current contract will expire at the end of the ongoing contractual period without the need for a notice of cancellation by one of the parties.
(5) Reduced prices for testing periods (e.g. a reduced price during the minimum contractual term) may be taken advantage of only once per person.
(6) The costs for the respective contractual period are payable to us in advance and due immediately after completion of the order and, thereafter, by the start of the next contractual period.
(7) The term cannot be interrupted. Therefore, a reimbursement of the payments made for such interruptions is not considered either.
(8) Various payment options may be offered (e.g. credit card, debit or PayPal), but we are not obliged to do so. Currently, we are using Stripe as a payment service provider, which is completely free of charge for you. For payment processing via payment system providers (e.g. PayPal), only the terms and conditions of that payment system provider apply; in addition, the user may need to have an account with that provider. The payment process may also be offered, supported and simplified by other service providers that provide what is known as “single sign-on solutions”.
(9) After a purchase, the user can receive a receipt for the ordered services in electronic format to the e-mail address provided by him.
(10) If the user does not meet his payment obligations or reverses or charges back the amounts paid, we have the right, regardless of other claims, to block the user’s access to our products and services in full or with respect to the fee-based content or services. If access is blocked due to outstanding payments and the user settles them, access will be restored. Furthermore, we can limit or block access to free services in full or in part for payers who are in default.
11.4. Warranty for Fee-based Services
(2) If we are liable due to justified and timely complaints, we will complete performance in case of an incomplete one and improve or replace at our discretion in case of defective performance. You may request the reduction of fees if we refused improvement attempts or replacement performance, if they are impossible or otherwise definitively failed.
(3) Apart from that, the statutory defect rights according to German law apply.
(4) If you are not a consumer as defined in Section 13 BGB, the warranty is limited to one year, except in the case of a building or a product used for buildings.
11.5. Cancellation of Fee-based Services
(1) Fee-based services can be cancelled by both parties at the end of each contractual period. The term is indicated in the individual offers.
(2) Generally, please make all cancellations according to these GTCs using your dashboard, which you will find in the plugin. If you cannot log in to the dashboard for whichever reason, please send us an e-mail from your e-mail address that you used to register with us.
(3) Our fee-based services usually have a specific minimum contractual term starting on the day of contract conclusion. The minimum contractual term applicable to the service in question and/or the different minimum contractual terms that may be offered to the user are found in our offer. Depending on the offer and the chosen payment method, the corresponding contract is then extended automatically for the respective minimum contractual term, subject to other agreements, but for a maximum of one year each time, unless it is canceled at the latest one day before the expiry of the minimum contractual term or the ongoing extension term.
(4) In the case of payment methods that do not allow for an automatic contract extension and regular charges, the contractual term ends automatically upon expiry of the contractual term without the need for a cancellation notice.
(5) If we make it possible for you to switch to another of our services during an existing contract, a new contractual term for the new contract begins overall with the period of the respective minimum term of the new offer. In turn, Section 11.5. (3) and (4) applies to the new contractual term. As a result, the contractual term may be extended without the possibility of a prior regular cancellation in the “old” contractual period. Payments already made will be generally offset against the invoice for the new contractual period.
(6) Both parties may terminate the contract with immediate effect for an important reason.
12. Technical Requirements
(1) You need a computer or a mobile device with internet access to be able to use our services.
(2) The respective specifications for our products and services contain the corresponding hardware and software requirements that your system must meet in order to be able to use the respective product. These are the minimal conditions necessary to be able to offer the products and services in a stable manner at all. However, a limited user experience (e.g. system slowdown) may be associated with these minimal conditions. Therefore, we recommend having a system configuration that exceeds our minimum requirements.
(3) You are responsible for checking whether your system meets the technical requirements in order to be able to use our services. We recommend that you check this before ordering our fee-based services. We have the right to payment regardless of whether or not your system meets the technical requirements.
(4) To be able to use our products and services, you ultimately need an internet connection. When downloading and using our products and services, you may incur transmission costs from the internet access provider that you use. The same applies to the use of our products and services and the associated additional services and content.
13. Data Privacy
14. Cancellation of Free Use
(1) Each party may terminate the free use agreement at any time. To do this, simply uninstall the program or the app that you use for our products and services.
(2) Termination for an important reason remains reserved for each party. An important reason is, in particular, if one party continues to breach material provisions of these GTCs despite warning.
(3) Upon entry into effect of the cancellation, access will be blocked.
(4) Each user has the right to terminate the use as a whole or, if technically possible, for individual functions at any time.
15. Amendment of the GTCs
(1) We reserve the right to amend these GTCs at any time and without providing reasons. The amended GTCs will be sent to the user in a suitable manner and, if applicable, by e-mail.
(2) The new GTCs will be deemed agreed if the user does not object to them within 6 weeks after receipt of the notification. The objection must be made in writing, e.g. by e-mail. The options to object, the deadline and the consequences of his inaction will be indicated to the user separately in the notification. Alternatively, the amended GTCs could be presented to the user during the next time he signs in to our products and services. In this case, the amended GTCs will be agreed with a consumer once the consumer agrees to them during the next time he signs in. They are considered agreed with the consumer if the consumer does not object their validity within 6 weeks after first presentation. The objection must be made in writing, e.g. by e-mail. We will indicate the options to object, the deadline and the consequences of his inaction to the user separately in the presentation of the amended GTCs.
(3) If the user objects to the validity of the new GTCs, both we and you have the right to cancel the contract. It then ends immediately or upon expiry of the period agreed for the fee-based service. In case of such a cancellation, you will receive a reimbursement of the fee paid corresponding to the duration.
16. Final Provisions
(1) The GTCs including their interpretation are subject exclusively to the law of the Federal Republic of Germany. Application of German and European conflict of laws principles and the UN Sales Convention is explicitly excluded. This applies also to offers in other countries.
(2) These GTCs are generally not set out in a separate contract text individually related to the user, which the user can then access later on. However, the content of the contract with the user arises from these GTCs and, if applicable, additional agreements reached at least in text form, e.g. specifications and mutual other agreements of the contracting parties.
(3) The contract can only be concluded in German. Translations are a mere service without claim to the respective language being the contractual language. The contract is concluded in German regardless of country and region.
(4) If individual provisions of these GTCs including this provision are fully or partially invalid, the validity of the remaining provisions or parts of such provisions will remain unaffected. The invalid or missing provision will be replaced by the corresponding statutory rules under German law.
(5) Munich is the exclusive place of jurisdiction, unless there is a statutory exclusive place of jurisdiction according to German law, if you are a merchant, legal person under public law or a public special fund or you do not have general jurisdiction in the Federal Republic of Germany.
(6) You have no general jurisdiction in the Federal Republic of Germany if you do not have any residence or permanent residence in the Federal Republic of Germany.
17. Cancellation Policy
Right of Cancellation
You have the right to cancel this contract within fourteen days without specifying the reasons.
The cancellation period amounts to fourteen days from the date of contract conclusion.
To exercise your right of cancellation, you have to inform us (Cliqz International GmbH, Arabellastraße 23, 81925 Munich, info[at]cliqz.com) by means of a clear declaration (e.g. letter sent by mail, fax or e-mail) about your decision to cancel this contract. You can use the enclosed cancellation form template, but it is not a must.
To ensure adherence to the cancellation period, it is sufficient if you send the notification of cancelation before the expiry of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we have to refund to you all payments that we received from you, including delivery costs (except for additional costs that results from the fact that you chose another type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days after the date on which we received the notification of your cancellation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else is expressly agreed with you; in no circumstances will fees be charged to you for this refund.
18. Cancellation Form Template
Cancellation Form Template
(If you would like to cancel the contract, please fill out this form and send it back to us.)
- –To Cliqz International GmbH, Arabellastraße 23, 81925 Munich, info[at]cliqz.com:
- –I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- –Ordered on (*)/Received on (*)
- –Name of the consumer
- –Address of the consumer
- –Signature of the consumer (only for notification on paper)
(*) Cross out what does not apply.