Terms and Conditions

This is an English translation provided for convenience. In case of discrepancies, the German version (AGB) prevails.

Sect. 1 Scope and Provider

(1) These Terms apply to the use of the Software-as-a-Service application dotts offered at dotts.se and app.dotts.se (the "Service") and all associated features.

(2) Provider and contracting party is: Leon Eikmeier, Timmerbergstraße 48, 32602 Vlotho, Germany, e-mail: leon@dotts.se ("we" or "us").

(3) The Service is primarily aimed at entrepreneurs within the meaning of Sect. 14 German Civil Code (BGB). For consumers within the meaning of Sect. 13 BGB, Sect. 12 of these Terms applies additionally. On registration you confirm whether you act as an entrepreneur or as a consumer.

(4) Deviating or conflicting terms of the user do not become part of the contract unless we expressly agree to their validity.

Sect. 2 Description of Services

(1) dotts is a visual feedback tool. Users can place comments and markers ("dots") on websites, PDFs, images and videos, manage projects and collaborate with others. A feature allows loading third-party websites via a proxy for commenting.

(2) We continuously develop dotts and may change, add to or discontinue features where this is reasonable for the user and does not devalue the core purpose.

(3) The specific scope of features depends on the chosen plan (e.g. Free, Lifetime, paid subscription) as described on the website at the time of booking.

Sect. 3 Conclusion of Contract and Registration

(1) The presentation of the Service does not constitute a binding offer. By submitting your registration or an order you make an offer; the contract is concluded upon our confirmation or activation of the Service.

(2) You are obliged to provide truthful information on registration and to keep your access data confidential. You are responsible for all activities under your account.

Sect. 4 Prices, Plans and Payment

(1) The prices stated on the website at the time of booking apply. Prices are exclusive of statutory VAT.

(2) Lifetime plan: for a one-time payment you receive an unlimited right of use within the booked scope of features for as long as the Service is operated. There is no claim to future, newly introduced paid features unless expressly promised.

(3) Subscription plans: paid subscriptions renew automatically for the chosen term (e.g. monthly or annually) unless cancelled in time. Billing is in advance.

(4) Payment is processed via the payment service provider Stripe. By booking you authorize us or Stripe to collect amounts due.

(5) Free plan: the free plan is provided in the scope offered at the time. There is no claim to permanent availability or a particular scope of features.

Sect. 5 Rights of Use and User Obligations

(1) We grant you a simple, non-transferable right to use dotts in accordance with the contract for the contract term.

(2) You undertake not to misuse dotts, in particular not to: infringe third-party rights (copyright, trademark, personality or data protection rights); upload or distribute unlawful, offensive or harmful content; circumvent security measures or place excessive load on the infrastructure; use the proxy or other features to access or impair third-party systems without authorization.

(3) You are solely responsible for ensuring that you are entitled to access and comment on a third-party website loaded via the proxy and that you hold any required consents or access authorizations.

Sect. 6 User Content

(1) You retain all rights to the content you upload or create.

(2) You grant us the simple right, limited in scope and time to the purpose of the contract, to store, technically process and display your content where necessary to provide the Service (e.g. display to collaborators you invite).

(3) You warrant that you hold the necessary rights to your content. You indemnify us against third-party claims asserted against us due to an infringement of their rights by your content or your use of the Service, including reasonable costs of legal defense. This does not apply where you are not responsible for the infringement.

Sect. 7 Availability

(1) We aim for high availability of the Service but do not owe any particular availability (no SLA) unless expressly agreed. Maintenance, force majeure and disruptions outside our control (e.g. at hosting or third-party providers) may lead to temporary restrictions.

(2) As dotts also loads third-party content via a proxy, display and functionality may be technically limited for individual target pages. We assume no warranty for this.

Sect. 8 Liability

(1) We are liable without limitation for intent and gross negligence, as well as for injury to life, body or health and under the Product Liability Act.

(2) For slight negligence we are liable only for breach of a material contractual obligation (cardinal obligation) whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely. In this case liability is limited to the foreseeable damage typical for the contract.

(3) Otherwise liability is excluded.

(4) For loss of data we are liable only to the extent that would have arisen with proper and regular data backup by the user. You are responsible for your own backups of your important content.

Sect. 9 Term and Termination

(1) The Free plan can be ended at any time by deleting the account.

(2) Subscription contracts can be terminated at the end of the respective term. Termination is possible in text form or via the function provided in the account.

(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists for us in particular in the case of serious or repeated breaches of Sect. 5.

(4) Upon termination we may delete your account and associated content after a reasonable period, unless statutory retention obligations prevent this.

Sect. 10 Changes to these Terms

We may amend these Terms with effect for the future where this is necessary for good reason (e.g. changed legal situation, new features) and the user is not unreasonably disadvantaged. We will inform you at least 30 days before the change takes effect in text form. If the user does not object within the period, the changes are deemed accepted; we will point this out separately.

Sect. 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of their country of residence.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our place of business.

(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

Sect. 12 Special Provisions for Consumers (Right of Withdrawal)

This section applies only if you are a consumer within the meaning of Sect. 13 BGB.

Right of withdrawal

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Leon Eikmeier, Timmerbergstraße 48, 32602 Vlotho, e-mail: leon@dotts.se) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal.

Early expiry of the right of withdrawal for digital content and services. For a contract for the supply of digital content or digital services, your right of withdrawal expires if we have begun performance after you have (1) expressly consented to us beginning performance before the end of the withdrawal period, (2) confirmed that you are aware that you lose your right of withdrawal by consenting to the start of performance, and (3) we have provided you with a confirmation of the contract. We obtain this consent at the point of purchase so that the Service can be used immediately.

Model withdrawal form

(If you wish to withdraw from the contract, you can complete this form and return it to us.)
To: Leon Eikmeier, Timmerbergstraße 48, 32602 Vlotho, e-mail: leon@dotts.se
I hereby withdraw from the contract concluded by me for the use of dotts.
Ordered on / received on: ____
Name of the consumer: ____
Address of the consumer: ____
Date: ____