Terms & Conditions
The following terms and conditions (the “Agreement”) govern the use of the Damage-Inspector.com websites and all content and services available at or through the websites (collectively, the “Service”). The website is owned and operated by AiContor GmbH.
The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, you agree to become bound by the Agreement. No other Terms & Conditions shall be applicable. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.
This Agreement is between AiContor GmbH and you or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.
1. Submitted content
You hand over the rights to content you upload to the Service. You grant and its service providers the right to store and modify your content insofar as necessary to provide the Service to you. Files and contend submitted via the contact forms will be stored as long as required to offer our Service. Uploaded images were no further service is requested by you will be deleted after 6 months.
You acknowledge and agree that AiContor GmbH imposes a limit on the size and the number of requests you may send to the Service. AiContor GmbH may change such limits at any time, at Aicontor GmbH sole discretion.
By purchasing a product you agree to pay AiContor GmbH the listed price.
Listed prices are in EURO and include any sales tax (VAT) when applicable. The charged prices are equal to the listed prices regardless of the amount of sales tax to be paid. Payments are not refundable.
You represent and warrant that:
your use of the Service will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
content you submit does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
you will not use the Service in any manner that may disable, damage or overburden it;
your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area).
AiContor GmbH in its sole discretion has the right (though not the obligation) to refuse or remove content, terminate any subscription, and deny or limit access to use of the Service to any individual or entity if the terms of this Agreement are violated.
6.Data processing operations
Images uploaded to the Service are stored, and anonymized. Requests to the Service can be logged in order to understand how the Service is used and to avoid misuse. A log entry contains information such as browser type, IP address, any API key, date, time, and fingerprint of the transferred file. Log entries.
The username and email address you provide to sign up or make a purchase are stored in your account. This may include a VAT number for companies from within the EU. All purchases and invoices are recorded in your account.
Payments are handled by Damage-Inspector.com by AiContor GmbH as payment provider. Personal data regarding a payment is stored only with the payment provider is processed and stored in Germany only. For PayPal purchases AiContor GmbH stores the purchase transaction number. PayPal shares your name, physical address and email address with AiContor GmbH.
7. Service providers
Submitted content will only be shared, if the service provider is actively contacted by you via a contact form of this website.
In case of requesting additionnal service from the service providers, the terms and coditions of the service provider are to be applied.
8. Disclaimer of warranties
The Service is provided “as is”. AiContor GmbH and its suppliers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AiContor GmbH nor its suppliers, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.
9. Limitation of liability
In no event will AiContor GmbH, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to AiContor GmbH and his service providers under this Agreement during the twelve (12) month period prior to the cause of action.AiContor GmbH shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless AiContor GmbH, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
AiContor GmbH reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized executive of AiContor GmbH, or by the posting by AiContor GmbH of a revised version.
12. Applicable law and jurisdiction
Any access to or use of the Service will be governed by the laws of the state of Germany. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. The exclsive place of juristriction for all disputes under or in connection with this agreement is Hamburg, Germany.
13. Entire agreement
This Agreement constitutes the entire agreement between AiContor GmbH and you concerning the subject matter hereof.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.