Users of the Services offered by Morningfa.me acknowledge and accept these terms and conditions.
Solved by Smart Automation GmbH & Co. KG
Roedernstraße 56
13467 Berlin
Deutschland
Morningfa.me is a SaaS (software as a service) platform that provides Users with advanced analytics tools. Morningfa.me imports data from many different providers and displays them in a unified dashboard in order to provide the Users with constantly updated statistics about their online activities. Premium Users have access to more sophisticated and complete analytics features.
Users are responsible for their own content and that of third parties that they share through Morningfa.me, that they upload and post on or through Morningfa.me, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
The User can request to access Morningfa.me on behalf of a third party (e.g. a web agency may want to use the Service to monitor and analyse the statistics of its own clients). Such a request is aimed at obtaining the necessary authorisation from the third party in order to allow Morningfa.me to provide the Service with reference to the online activities of such unregistered third party. In this case, the following procedure shall apply.
The User shall submit the email address of the third party provided that the User has all the necessary consents from the third parties whose data and/or content are shared with the Owner.
Morningfa.me shall send an email to the aforementioned email address together with a link that opens a dedicated page on Morningfa.me. The third party shall not need to sign into Morningfa.me, since OAuth protocols are used to process the authorisation. In providing their credentials via the relevant OAuth such third parties must be aware that their credentials are neither shared with the Owner, nor with the User who provided the email address. Once the authorisation is received together with the third party’s consent to Morningfa.me’s Terms and Privacy Policy, the User can safely import the data from the relevant account into its account on Morningfa.me.
It’s understood that the Owner can’t be generally deemed responsible for any liability or claim arising in connection with unlawful dissemination or sharing of any third party data. The User shall be solely responsible for the data shared with the Owner.
Users are responsible for their own content and that of third parties that they share through Morningfa.me, that they upload and post on or through Morningfa.me, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with culpable illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
The Owner does not moderate the content or links provided by third parties before their publication on Morningfa.me. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in Morningfa.me, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
Morningfa.me may use YouTube API services. By using YouTube services or content within Morningfa.me the User agrees to be bound to YouTube’s Terms of Service which can be found here. YouTube may update their Terms of Service at any time and Morningfa.me is not responsible for the review of any changes or updates to these by the User. We recommend that the User reviews YouTube’s Terms of Service regularly.
Notwithstanding the clause “Request for authorisation created on behalf of a third party” above, in order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Morningfa.me or by directly contacting the Owner.
The Owner, in case of serious breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
Morningfa.me provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of Morningfa.me.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then Morningfa.me may be forced to cancel their subscription when it runs out.
Morningfa.me uses third-party tools provided by Paddle.com for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
The order process is conducted by the online reseller Paddle.com. Paddle.com is the Merchant of Record for all orders concerning Morningfa.me’s paid services. Paddle.com provides all customer service inquiries and handles returns.
Users who have purchased one or more Services and qualify as a consumer, have the right to withdraw from the contract within 14 (fourteen) days from the date of contract conclusion without giving any reason. For the purpose of exercising the right of withdrawal, the User is obliged to inform the Owner, without any formality, the decision to withdraw by sending an unequivocal statement to the email address set out in this document.
Users may also use the model withdrawal form provided at the bottom of the present document, but it is not mandatory.
Any reimbursable amount will be returned by the Owner without undue delay, and in any event within 14 days of the notification of withdrawal by the User, using the same means of payment used by the User for the initial transaction, unless the User has expressly otherwise agreed. However, the User acknowledges and accepts that the right of withdrawal does not apply, inter alia, to contracts for the supply of services after the full performance of the service by a professional if the performance initially began with the express consent of the User and their agreement to lose the right to withdraw. Therefore, if the Service has already been provided at the time of the request for withdrawal and the User has requested the execution, understanding fully well their loss of the right to withdrawal, the withdrawal is no longer exercisable.
The User also acknowledges and agrees that the withdrawal shall not apply to the supply of digital content through a non-material medium once the execution of the agreement has begun with the express consent of the User and their acknowledgement of the loss of the right to withdrawal.
The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside his trade (or entrepreneurial activity) or profession.
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Morningfa.me and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
For information about the use of their personal data, Users must refer to the privacy policy of Morningfa.me which is hereby considered to be part of these Terms.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Morningfa.me are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Users are required to use the Service in accordance with the Owner’s intellectual and industrial property rights. The Software, like any other copyright or other intellectual property rights, is the exclusive property of the Owner and/or its licensors. The User does not acquire any right or title with respect to the Software, and acknowledges that its use is non-exclusive and non-transferable, only for the provision of Services under these Terms.
The “right to use” referred to in the section above, does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the Software and its documentation is information protected by copyright and is property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in the Terms.
Unless otherwise agreed upon with the Owner, User is prohibited from marketing the Service as Owner’s agent, distributor, dealer, licensee, or in any other capacity and, in any event, from selling or using it as Owner’s Service or using Owner’s trademarks and/or images and/or promotional material and, more generally, any intellectual and/or industrial property rights actually used or owned by Owner. The relationship between the Owner and the User may not be construed to be a mandate, partnership, representation, collaboration, association, or other similar or equivalent contractual arrangements.
This is without prejudice, however, to the parties’ citing each other (as well as displaying logos, trademarks, distinguishing marks, etc.) to clients/business partners for promotional and/or commercial purposes (i.e., showing Supplier’s logo in an article describing the Service, etc.), provided the parties agree, whether formally or informally, in advance.
For further information on the above as well as for any claim related to an alleged copyright/IP right infringement, Users are requested to contact the Owner at the following email:
All third parties’ trademarks or service marks displayed on Morningfa.me are exclusively owned by such third parties. Your use of the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any third party trademark displayed on Morningfa.me. The third party trademarks may not be used to disparage any relevant third party, any of their products or services, or in any manner in which, in the Owner’s sole judgment, may damage any goodwill in the third party trademarks.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Morningfa.me.
Morningfa.me is a services provider therefore liable for its own contents on the online-platform in accordance with the general provisions. Morningfa.me does not provide any guarantee regarding the results, which can be obtained by using the provided offers or regarding the correctness and reliability of information and applications received as part of the offers.
Morningfa.me is not obliged and also not in the position to thoroughly assess and monitor the legality of content uploaded or published by the Users and/or organizations or to investigate the circumstances, which may indicate an unlawful activity. The same applies in case links to third party websites are posted or referred to on the online platform. Morningfa.me does not identify in any way with the uploaded / published content or the content on any third party website, referred to with a link on the platform. Morningfa.me cannot guarantee that this content is lawful, truthful, up-to-date or complete. Morningfa.me is not liable for any damages resulting from the use of such content.
In the event that Morningfa.me receives information about legal violations or infringements resulting from third party content or content referred to in a link, Morningfa.me will assess and, if necessary block/delete such contents within its obligations.
Morningfa.me can be held liable for damages or expenses resulting from intentional actions or gross negligence without limitation, if such actions lead to the loss of life, bodily injury and health damages. Furthermore, Morningfa.me can be held liable under the provisions of the Product Liability Act as well as within the scope of a guarantee, explicitly assumed by Morningfa.me.
In case of a breach of a contractual obligation, which is considered major to achieve the contractual goals (cardinal obligation) caused by simple negligence, Morningfa.me’s liability shall be limited to foreseeable damages, typical for the specific type of contract.
In the event of data loss, Morningfa.me may only be held liable up to an amount, which would have been due to restore the data if proper, regular and adequate data back up had taken place. No further liability will be assumed.
The Owner reserves the right to modify these Terms at any time, for a serious reason. The Owner will inform the Users by publishing a notice within Morningfa.me. The User can object to the modified Terms and Conditions. If the User doesn’t object, the modified Terms and Conditions will be deemed accepted within six weeks. The Users will be informed about this legal consequence. If the User objects to the modified Terms and Conditions, Morningfa.me can terminate the contract with notice.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Morningfa.me must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The consumer resident in Europe must be aware that the European Commission has established an online platform that provides for an out-of-court method to solve, in a fair and inexpensive way, any dispute related to and stemming from online sales and service contracts. As a consequence, if you are a European Consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
We do not participate in any alternative dispute resolution procedure for consumers.
The service provided by Morningfa.me as described in these Terms and in Morningfa.me.
Any user of the Service, whether a human being or legal entity.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Each User who enters any of the payment plans made available by the Owner.
The software/s embedded in the technical solutions used by Morningfa.me to provide the Service.
Addressed to:
Solved by Smart Automation GmbH & Co. KG
Roedernstraße 56
13467 Berlin
Deutschland
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
______________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
(sign if this form is notified on paper)
Latest update: February 5th, 2019