Terms and Conditions for Digitallabapp
Version: 17.02.2025
1. Scope
1.1. These Terms and Conditions ("Terms") apply to the use of the web application Digitallabapp (the "Application") by both consumers and businesses.
1.2. By registering and using the Application, you agree to these Terms. Any deviations or additional conditions proposed by you shall not be recognized unless explicitly agreed upon in writing.
2. Contractual Partner
2.1. The contract is concluded with
ESTER Biotech GmbH
Deutscher Platz 5c
04103 Leipzig
info@esterbiotech.com
Referred to as ESTER in the following.
2.2. By creating an account and subscribing to the Application, you acknowledge and agree to these Terms.
3. Subject Matter and Scope of Services
3.1. ESTER offers the Application, which enables you to plan experiments, save them on the database, save the results on the database, visualize the results and download the experiments and the results. ES
3.2. Free Trial and Subscription:
- You will receive a free trial period of 30 days.
- After the free trial ends, your created data will be inaccessible until you subscribe. However, you can still delete your data.
- Subscribing to our service ensures continued access to features after the free trial and provides either 1GB or 10GB of storage, depending on your subscription plan.
3.3. Data Processing:
- Email Address: Only your email address is collected as personal data, solely used for account authentication and management.
- Experimental Data: All other data you enter into the Application (hereafter "experimental data") is processed exclusively for the functionality of the Application.
3.4. Data Storage and Hosting:
- All data (both personal and experimental) is stored on Supabase.
- The Application is deployed via Vercel.
4. Prices, Payment Terms, and Subscription
4.1. The subscription is billed on a monthly basis.
4.2. Payment processing is handled through the payment service provider Stripe. By subscribing, you agree to Stripe’s payment terms in addition to these Terms.
4.3. The subscription may be canceled at any time, with the cancellation becoming effective at the end of the current billing period.
4.4. Upgrading from a standard to a premium membership takes effect immediately. You will receive a refund for the unused portion of your standard subscription until the end of the month.
4.5. Downgrading from a premium to a standard membership will take effect at the end of your current billing cycle.
5. Refund Policy for Website Outages
5.1. If the Application is inaccessible for a continuous period exceeding 4 hours within a billing cycle, you may submit a written request for a pro-rata refund to compensate for the downtime.
5.2. Scheduled maintenance and outages caused by external factors beyond our control (e.g., internet provider issues, force majeure events) are not covered under this policy.
5.3. You must submit an informal refund request within 14 days of the outage through email to info@esterbiotech.com. The request should include relevant details, such as the date and time of the outage, impact on services, and account information. Please note that ESTER does not provide automatic refunds.
6. Liability and Data Loss
6.1. Data Loss: ESTER is not liable for data loss resulting from your failure to perform regular backups. You have the option to export your data via the provided download functionality and are responsible for maintaining your own backups.
6.2. Limitation of Liability: ESTER shall not be held liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to loss of business, revenue, profits, data, or goodwill, arising from any malfunction, downtime, or temporary unavailability of the Application. While we make every effort to maintain reliable service, we do not guarantee uninterrupted availability. You acknowledge that occasional disruptions may occur and agree that ESTER is not responsible for any resulting losses or damages.
7. Privacy and Data Processing
7.1. Personal data (i.e., your email address) is collected exclusively for account authentication and management purposes.
7.2. Experimental data is processed solely for the operation and functionality of the Application.
7.3. Your data will not be shared with any third parties.
7.4. Data processing is carried out in accordance with applicable data protection laws, as further described in our Privacy Policy.
8. Changes to the Terms and Services
8.1. ESTER reserves the right to amend these Terms at any time.
8.2. Any changes will be communicated to you via email and/or through notifications within the Application.
8.3. If you do not expressly reject the changes within 14 days after notification, the changes will be considered accepted.
9. Final Provisions
9.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.2. The place of jurisdiction for all disputes arising from this contractual relationship is, as far as legally permissible, the registered office of ESTER.
9.3. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.