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General Business Terms and customer information
TeamSpeak Systems GmbH
I. General Business Terms
1. Scope
1.1. These General Business Terms (hereinafter referred to as "General
Business Terms" - German abbreviation - AGB]) shall apply to all contracts
between TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the
register of companies of Munich County Court under the register number HRB
172523 (hereinafter referred to as "TeamSpeak") and the customer concerning
the services offered via the websites of TeamSpeak which can be called
under the domains teamspeak.com, teamspeakusa.com and myteamspeak.com
(hereinafter the first and the second one referred to as "TeamSpeak.com"
and the last one referred to as "Myteamspeak.com"; all of them jointly
referred to as "TeamSpeak Websites").
1.2. These General Business Terms shall also apply to all future services
or offers to the customer, even if they are not agreed separately once
again.
1.3. Deviating, additional General Business Terms of the customer or which
contradict these General Business Terms will not be accepted by TeamSpeak
so that these will not be included in the contract. This shall not apply if
TeamSpeak has approved the inclusion of the customer's General Business
Terms.
2. Capacity as an entrepreneur
2.1. All offers of TeamSpeak against payment are exclusively directed at
entrepreneurs within the meaning of Section 14 BGB [German Civil Code],
which order and use the services of TeamSpeak within the framework of their
independent, professional or commercial activity
2.2. TeamSpeak will check the customer's capacity as an entrepreneur before
conclusion of the contract concerning services against payment.
2.3. An entrepreneur is each natural person or legal entity or a
partnership with legal capacity, which acts while performing its commercial
or independent professional activity upon conclusion of a legal
transaction, here thus the conclusion of the contract with TeamSpeak.
2.4. A consumer is each natural person, who concludes a legal transaction,
here thus the conclusion of a contract with TeamSpeak, for purposes, which
can mainly neither be attributed to their commercial, nor their independent
professional activity.
2.5. Non-commercial grouping within the meaning of these General Business
Terms is each grouping of consumers or each legal entity, whose business
activity does not serve to generate profits, in particular legal entities,
which pursue a non-profit-making corporate purpose.
3. Scope of contract
3.1. TeamSpeak is the provider of the software solutions "TeamSpeak 3" and
"TeamSpeak 3 Software Development Kit" (hereinafter referred to as
"software solutions"), which enable the customer to communicate with third
parties by speech or text as well as to exchange files.
3.1.1 The software solution "TeamSpeak 3" enables the customer to
communicate with third parties by sharing its TeamSpeak-Server address
with said third parties. The number of third parties, to which the
communication channels can be made available, depends on the licensing
by the customer
3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for
the integration of the technical solution for the voice transmission
and other functions such as Filetransfer, chat function, etc. in own
software solutions of the customer.
3.2. The software solutions are offered through the following licence
models:
3.2.1 "Unlicensed": Under the licence model "Unlicensed" the software
solutions "TeamSpeak 3" and its previous version "TeamSpeak 2" can be
used free of charge. The use of the software solution "TeamSpeak 2" is
limited to the use of a maximum of two virtual servers with up to 1000
slots, the use of the software solution "TeamSpeak 3" to a virtual
server with up to 32 slots. The use is carried out unlimited from the
point of view of time. No feedback is given by the virtual server to
TeamSpeak. The licence model "Unlicensed" is exclusively available to
non-commercial groupings and consumers.
3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): Under the
licence model "NPL" the software solution "TeamSpeak 3" can be used
free of charge. The use is limited here to two virtual servers with up
to 512 slots. The duration of the licence is 6 months. A sub-licensing
of slots and virtual servers to third parties is not permitted. The
licence model "NPL" is exclusively available to non-commercial
groupings and consumers.
3.2.3 Annual Activation/ Single Server" (hereinafter referred to as
"AAL"): Under the licence model "AAL" the software solution "TeamSpeak
3" can be used against payment. The use is carried out, depending on
the licensing chosen by the customer, between a virtual server with up
to 32 slots up to 2 virtual servers with up to 1024 slots. The duration
of the licence is one year. A sub-licensing of sots and virtual servers
to third parties is not permitted.
3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to
as "ATHP"): Under the licence model "ATHP" the software solution
"TeamSpeak 3" can be used against payment to an unlimited extent and
virtual servers and slots can be sublicensed to third parties. The
duration of the licence is one year.
3.2.5 Software Development Kit (hereinafter referred to as "SDK"):
Under the licence model "SDK" the software solution "TeamSpeak 3 SDK"
can be used against payment for the purpose of integration into own
software solutions of the user. The conditions of the licence model
"SDK" shall be individually adjusted to the needs of the user and
agreed.
3.3. TeamSpeak also mediates server places through TeamSpeak.com, which are
offered by third party providers.
3.4. TeamSpeak provides to the customer via TeamSpeak.com the TeamSpeak
Software Client (herein after referred to as “Client”). The client is
provided for the operating systems Windows, Linux and macOS as well as for
mobile devices (iOs or Android).
3.5. TeamSpeak operates a forum via TeamSpeak.com that enables the customer
to publish contributions regarding the services of TeamSpeak, in particular
questions, suggestions and assessments on TeamSpeak.com in the "Community"
zone.
3.6. The customers additionally have the possibility to upload own software
programmes onto the TeamSpeak websites, which are compatible with the
software solutions of TeamSpeak (hereinafter referred to as "Add-ons") and
to offer these to third parties for downloading as well as to download the
Add-ons offered by third parties via TeamSpeak.com.
A. Conclusion of Contract
4. Conclusion of the contract with the acquisition of licences for the software
4.1. A contract will be concluded with TeamSpeak concerning the software
solutions of these General Business Terms as described below:
4.1.1 "Unlicensed": The contract concerning the free use of the licence
model "Unlicensed" shall be concluded by the downloading of the
respective software solution by the customer and the fact that the
software solution is made available by TeamSpeak.
4.1.1.1 For this purpose, the customer will press the button on
TeamSpeak.com with the inscription "Licensing Overview" and
subsequently the button displayed under the description of the
licence model "Unlicensed" with the inscription "Download".
4.1.1.2 The customer has the possibility to download and use the
software solution without registering or otherwise having to send
data to TeamSpeak.
4.1.1.3 A binding contract will be concluded between TeamSpeak and
the customer concerning the use of the software solution in the
licence model "Unlicensed" when the software solution is
downloaded.
4.1.2 "NPL": The contract concerning the free use of the licence model
"NPL" shall be concluded as follows:
4.1.2.1 The customer will press the button with the inscription
"Licensing Overview" and subsequently the button displayed under
the description of the licence model "NPL" with the inscription
"Register" on TeamSpeak.com.
4.1.2.2 The customer will press the button on the displayed
overview with the inscription "Continue to NPL Application." and
confirm the existence of the pre-requisites of a non-commercial
grouping or the capacity as a consumer by pressing the button with
the inscription "Continue". It will additionally confirm the
licence conditions and these General Business Terms by pressing the
button with the inscription "I agree".
4.1.2.3 By pressing the "Submit" button the customer will send an
offer for the conclusion of the contract concerning the licence
model "NPL" to TeamSpeak. Before pressing the button with the
inscription "Submit" the customer has the possibility to delete or
correct its input or to also interrupt the process by pressing the
"Back" button of its browser at all times.
4.1.2.4 The customer will receive a confirmation e-mail from
TeamSpeak to the e-mail address entered during the registration
process, which confirms the receipt of the customer's offer by
TeamSpeak. A contract will not be concluded with the receipt of
this confirmation e-mail by the customer.
4.1.2.5 TeamSpeak shall accept the offer of the customer by making
the software solution available for downloading. A binding contract
concerning the use of the software solution in the licence model
"NPL" is hereby concluded between TeamSpeak and the customer.
4.1.2.6 The customer will receive a confirmation e-mail from
TeamSpeak to the e-mail address entered during the registration
process, in which the essential contents of the concluded contract
are summarised. The General Business Terms will also be sent to the
customer with this confirmation e-mail.
4.1.3 "AAL": The contract concerning the use of the licence model "AAL"
against payment will be conclude as follows:
4.1.3.1 The customer registers for a customer account for
TeamSpeak.com: The customer presses the button with the inscription
"Sales" and subsequently the button with the inscription "Continue
to register for an account." It will complete the displayed
registration form and send this by pressing the button with the
inscription "Register".
4.1.3.2 The customer will receive an overview of the data entered
by it and will be given the possibility to correct or delete these
after pressing the button with the inscription "Modify" or to also
discontinue the registration process by closing the browser window
or pressing the "Back" button of the browser.
4.1.3.3 When pressing the button with the inscription "Confirm" the
customer submits a binding offer for the conclusion of a contract
concerning the opening of its customer account
4.1.3.4 TeamSpeak shall send a confirmation e-mail to the customer
with a confirmation link and a password.
4.1.3.5 TeamSpeak will display the licence models offered to the
customer in the customer area of its customer account. With this
display TeamSpeak submits a binding offer for the conclusion of a
contract with the customer concerning the displayed licence models.
4.1.3.6 The customer will select the licence "TeamSpeak 3 Annual
Activation License" requested by it in its customer account and
press the button with the inscription ”Add”. By pressing the
button ”Add” the customer accepts the offer of TeamSpeak for the
conclusion of the contract and a binding contract will be concluded
regarding the use of the software solution in the licence model
"AAL".
4.1.3.7 The customer will receive a confirmation e-mail from
TeamSpeak to the e-mail address entered during the registration
process, in which the essential contents of the concluded contract
are summarised.
4.1.4 "ATHP": The contract concerning the use of the licence model
"ATHP" against payment shall be concluded as follows:
4.1.4.1 The customer will register for a customer account for
TeamSpeak.com. The steps of the registration are oriented to
Subclauses 4.1.3.1 to 4.1.3.4 of these General Business Terms.
4.1.4.2 The customer will select the licence "TeamSpeak 3 ATHP
Application" requested by it in its customer account and press the
button with the inscription ”Add”. An invoice for the $50 USD
application fee will be generated. Once the customer has paid the
application fee, TeamSpeak will send an e-mail to the customer with
instructions to complete the application process (as described
below).
4.1.4.3 The customer sends to TeamSpeak the completed application
form, the signed licence agreement, a copy of the personal identity
card or passport of a person, who is entitled to representation as
well as the application for trade registration or a business
licence or any other document which identifies the customer as an
entrepreneur within the meaning of clause 2.3 of this General
Business Terms. The documents will be sent to TeamSpeak by e-mail
to the e-mail address [email protected] or by fax to the fax
number +1-619-600-0676. With the sending of the aforementioned
documents the customer submits a binding offer for the conclusion
of a contract.
4.1.4.4 TeamSpeak will send a confirmation e-mail to the customer
to the e-mail address deposited in the customer account, which
confirms the receipt of the customer's offer. A contract will not
be concluded with the receipt of this confirmation e-mail.
4.1.4.5 TeamSpeak will accept the offer of the customer by making
the software solution available for downloading in the customer
area of the customer account. A binding contract will be concluded
between the customer and TeamSpeak concerning the use of the
software solution in the licence model "ATHP" when the software
solution is made available.
4.1.4.6 The customer will receive a confirmation e-mail from
TeamSpeak to the e-mail address entered within the framework of the
registration, in which the essential contents of the concluded
contract are summarised.
4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"):
The contract concerning the use of the licence model "SDK" against
payment shall be concluded by the individual contract concluded with
the customer.
4.1.5.1 The customer will contact TeamSpeak by e-mail at the e-mail
address [email protected] or [email protected] or by telephone
under the number +1-619-312-6255.
4.1.5.2 TeamSpeak will send an offer to the customer concerning the
services requested by the customer in a text form to the e-mail
address entered by the customer. With this e-mail TeamSpeak submits
a binding offer for the conclusion of a contract at the conditions
described in the e-mail.
4.1.5.3 A binding contract concerning the use of the licence model
"SDK" will be concluded through the acceptance of the offer of
TeamSpeak by the customer in a text form.
5. Conclusion of contract concerning the mediation of server places
5.1. The customer will be forwarded to the Internet presence of the third
party provider via TeamSpeak.com.
5.2. A contract will be exclusively concluded between the customer and the
respective third party in the event of the mediation of server places
offered by a third party.
6. Conclusion of contract concerning the licensing of the client
6.1. A contract concerning the licensing of the client will be concluded as
follows:
6.1.1 The customer will press the button with the inscription
“Download” on TeamSpeak.com. The customer will be directed to a
sub-domain which shows all available versions of the Client (Windows,
Linux and macOS as well as the versions for mobile devices).
6.1.2 The customer will select the version which fits to his needs and
will press the button with the inscription “Download” which is
displayed next to the version he has chosen.
6.1.3 If the customer choses the versions Windows, Linux or macOS, by
pressing the button “Download” the customer submits a binding offer for
the conclusion of the contract. A binding contract is concluded if and
when the client is successfully downloaded.
6.1.4 If the customer choses a version for mobile devices, the customer
will be directed to the internet-shop “Apple AppStore” (iOS) or
“Android Market” (Android). The customer gets the possibility to
download the client within the terms and conditions of the provider of
the respective shop. The customer should inform himself about these
terms and conditions in the shop of the third-party provider.
7. Conclusion of contract concerning the upload and download of Add-ons
7.1. TeamSpeak only makes the platform available for the purpose of
uploading and downloading Add-ons. The contract concerning the use of the
respective Add-On shall be exclusively concluded between the customer,
which uploads the Add-On and the customer, which downloads the Add-On.
7.2. In order to upload Add-ons the customer must register for a customer
account as a Developer (hereinafter referred to as "Developer Account").
7.3. For this purpose, the customer will press the button with the
inscription "MyTeamSpeak" and on the subsequently displayed subpage the
button with the inscription "Register".
7.4. The customer will complete the displayed registration form with
details of an e-mail address and a password and press the button with the
inscription "Register".
7.5. TeamSpeak will send a confirmation e-mail to the customer with a
confirmation link.
7.6. The customer will press the confirmation link contained in the e-mail
and will be kept in its customer account under the menu item "Dashboard".
7.7. The customer will press the button in its customer account with the
inscription "Become a developer". By entering its name and mobile phone
number the customer completes a registration form and presses the button
with the inscription "Send confirmation code".
7.8. TeamSpeak will send a confirmation code to the mobile phone number
entered by the customer with a limited period of validity.
7.9. The customer will enter the confirmation code in the form field
envisaged for this purpose and press the button with the inscription
"Confirm".
7.10. In order to download Add-ons the customer does not have to register
for a customer account. The downloading is made possible free of charge on
the subpage "MyTeamSpeak" and without registration.
8. Conclusion of a contract with the use of the forum
8.1. The customer shall press the button with the inscription "Forum" and
subsequently the button with the inscription "Register".
8.2. The customer will complete the registration form displayed after
pressing the "Register" button.
8.3. After completing the registration form the customer will press the
button with the inscription "Complete Registration". It can correct its
data at all times until the "Complete Registration" button is pressed or
discontinue the registration by closing its browser window or pressing the
"Back" button of its browser.
8.4. The customer will receive a confirmation of receipt from TeamSpeak,
which contains a confirmation link. This confirmation of receipt does not
represent an offer for the conclusion of a contract by TeamSpeak, but
merely serves to verify the customer's data.
8.5. The customer can press the confirmation link and then log-in to its
customer account. When pressing the confirmation link the customer submits
a binding offer concerning the free use of the forum.
8.6. With the provision of the customer account TeamSpeak accepts the offer
of the customer so that a binding contract is concluded.
B. Special terms for the aforementioned contracts
9. Licence fees for the software solutions
9.1. Licence fees within the framework of the licence model "ATHP":
9.1.1 A flat rate basic fee as well as use-based regular licence fees
are to be paid for the use of the software solution in the licence
model "ATHP".
9.1.2 The basic fee is a flat rate of 50 U.S. Dollars and will be due
and payable one time upon conclusion of the contract.
9.1.3 The amount of the recurring licence fees for the granting of the
licence in the licence model "ATHP" will be determined based on the
actual use of the number of slots per calendar day. For this purpose
the number of used slots by the virtual server will be transmitted
daily to a server operated by TeamSpeak. The customer obligates towards
TeamSpeak not to take any measures, which are suitable for preventing
this transmission or for changing the transmission result. The regular
licence fees will be due and payable ten workdays after receipt of the
invoice by the customer.
9.1.4 A minimum licence fee shall be deemed as agreed between the
customer and TeamSpeak. For the first year in which the licence is used
this is the licence fee for a use of 200 used slots and for each
further year in which the licence is used the licence fee for a use of
1000 used slots. If the minimum licence fee is not achieved the
customer, nevertheless, has to pay licence fees in the amount of the
minimum licence fee.
9.2. Subject to Subclause 9.1 of these General Business Terms or a
deviating agreement between the customer and TeamSpeak the licence fees
stated in the service specifications for the respective licence model shall
be deemed as agreed.
9.3. TeamSpeak is entitled to change the licence fees within the framework
of a further development of the software solutions or due to the adjustment
to the market situation.
9.4. In the event of a price adjustment a list with the changed prices will
be sent to the customer in a text form.
9.5. The customer has the possibility to terminate the licence agreement
extraordinarily without notice within a deadline of four weeks beginning
with the receipt of the notification described in Subclause 9.4 of these
General Business Terms.
9.6. The customer has the possibility to object to the price adjustment
within a deadline of four weeks beginning with the receipt of the
notification described in Subclause 9.4 of these General Business Terms. In
the event of an objection of the customer TeamSpeak is entitled to
terminate the contract extraordinarily within a deadline of four weeks
beginning with the receipt of the objection by TeamSpeak.
10. Price details and terms of payment concerning the licensing of the software
solutions
10.1. All prices or price details stated by TeamSpeak shall always concern,
even if an explicit currency detail is missing, US Dollar, insofar as not
agreed otherwise between the parties.
10.2. All prices or price details shall be deemed plus the respective
applicable value added tax as well as public duties, which possibly
continue to be due.
10.3. Only the payment possibilities displayed under the menu item "Pay"
are open to the customer with orders via TeamSpeak.com, whereby TeamSpeak
explicitly reserves the right to refuse a payment method selected by the
customer in the contractual offer.
10.4. In case of orders by telephone or orders sent by e-mail, fax or post
the payment by bank transfer is agreed as payment in advance subject to a
deviating agreement, whereby the remuneration of TeamSpeak will be due and
payable upon conclusion of the contract, i.e. that the customer is obliged
to pay the remuneration in advance.
10.5. In the event of the agreement of a payment by invoice the payment
will be due and payable within fourteen days from the time when the invoice
is received by the customer.
10.6. TeamSpeak is entitled to only carry out or provide still outstanding
services against advance payment or provision of security if it becomes
aware of circumstances after conclusion of the contract, which are suitable
for substantially reducing the creditworthiness of the customer and through
which the payment of the outstanding receivables of TeamSpeak by the
customer from the respective contractual relationship (including from other
individual orders) is jeopardised.
11. Termination of the contracts concerning the licensing of the software
solutions
11.1. The contracts have the contractual term stated in the service
specifications (hereinafter referred to as "minimum contractual term"),
i.e.
11.1.1 The contract concerning the licence model "Unlicensed" has no
fixed contractual term. The licence model can be used by the customer
at all times as long as TeamSpeak offers this licence model.
11.1.2 The contract concerning the licence model "NPL" has a minimum
contractual term of six months.
11.1.3 The contract concerning the licence model "AAL" has a minimum
contractual term of twelve months.
11.1.4 The contract concerning the licence model "ATHP" has a minimum
contractual term of twelve months.
11.1.5 The contract concerning the licence model "SDK" has the
individually agreed minimum contractual term.
11.2. The licence agreement can be terminated by the customer at all times
as of the end of the minimum contract term without adhering to a period of
notice. TeamSpeak can terminate the licence agreement at all times by
adhering to a period of notice in the amount of half the period of the
minimum contractual term as of the end of the minimum contractual term.
11.3. The contract will be extended automatically by the minimum
contractual term if none of the parties terminates the contract as of the
end of the minimum contractual term. With the licence model "NPL" the
contract will only be extended automatically if the customer has used the
software solution within a period of one month before termination of the
minimum contractual term; otherwise the contract will end automatically
with the termination of the minimum contractual term.
11.4. The right of both parties to the extraordinary termination shall
remain unaffected.
11.5. An extraordinary right of termination for TeamSpeak shall in
particular exist,
11.5.1 if the customer is in default with two consecutive invoices
regarding the licence payment.
11.5.2 if the customer repeatedly falls short of the minimum licence
fee with a contract concerning the licence model "ATHP".
11.5.3 if, despite a warning, the customer repeatedly breaches its
obligations from the licence agreement, including these General
Business Terms, and the breaches are not insignificant.
11.5.4 if the customer, despite a warning by TeamSpeak, repeatedly
breaches its main obligation under this contract and is responsible for
the breach.
11.5.5 if the customer has selected the licence models "Unlicensed" or
"NPL" without having the capacity as a consumer or non-commercial
grouping or this capacity has subsequently ceased to exist. In this
case the right is reserved to assert damages.
11.6. Each termination requires a text form.
12. Obligations of the customer concerning the use of the client
12.1. The customer has the obligation and responsibility to make use of
data backups at sufficient intervals. TeamSpeak assumes no responsibility
for any loss of data resulting from a breach of this obligation. This does
not apply if TeamSpeak is responsible for the breach.
12.2. The customer shall make use of virus protection following the latest
technical standards.
12.3. Standard software upgrades are free of charge, if and when they
become available. The customer has the responsibility to install client
upgrades promptly after publication. Otherwise the usability of the client
may be restricted.
13. Termination of the contracts concerning the client
13.1. The customer is entitled to terminate this agreement at any time by
removal of the client from all devices.
13.2. The mutual right for premature extraordinary termination (also
without previous notice) remains unaffected
13.3. Any termination requires the immediate removal of the client.
14. Publication of contributions in the forum
14.1. The registered customer has the possibility to publish contributions
via the customer area of its customer account in the "Forum" zone on
TeamSpeak.com.
14.2. For the purpose of publishing a new contribution the customer will
upload the contribution by pressing the "Post New Thread" button . When
replying to the contribution of another customer the customer will press
the button with the inscription "Reply To Thread" in order to publish its
reply contribution. The contribution will be transmitted to TeamSpeak
hereby and published by TeamSpeak on TeamSpeak.com.
14.3. TeamSpeak does not check the contributions before publication. In the
event of a reference to the unlawful nature of a contribution TeamSpeak
explicitly reserves the right to delete individual contributions.
14.4. The customer undertakes towards TeamSpeak not to publish any
contributions, which violate the laws of the Federal Republic of Germany or
infringe the rights of third parties.
14.5. The customer shall indemnify TeamSpeak from all rights of third
parties, which these assert against TeamSpeak owing to the publication of
contributions on TeamSpeak.com by the customer. Subject to the approval of
the customer TeamSpeak will not submit any acknowledgements or other
legally relevant declarations, which substantiate the asserted claims of
the third party.
14.6. The indemnification obligation described in Subclause 14.5 of these
General Business Terms shall cease to apply if the circumstances which
substantiate the claims of the third party are verifiably due to a grossly
negligent or wilful misconduct of TeamSpeak.
14.7. TeamSpeak undertakes to inform the customer immediately of the filing
of actions against it or the assertion of claims and to give it the
possibility to take over the legal defence.
15. Termination of the user account for the forum
15.1. The customer has the possibility to have its customer account deleted
by TeamSpeak at all times. For this purpose the customer will send the
deletion request to TeamSpeak in a text form. A termination is also
possible towards a moderator of the forum in a text form. TeamSpeak will
delete the customer's forum account immediately after receipt of the
termination. Contributions published by the customer can be deleted or
anonymised at the discretion of TeamSpeak. The contract concerning the use
of the customer account will end with the deletion.
15.2. TeamSpeak is entitled to terminate the contract concerning the use of
the customer account at all times by adhering to a period of notice of
three months to the end of the quarter of a calendar year.
15.3. The right to the extraordinary termination of both parties shall
remain unaffected. A right to the extraordinary termination shall in
particular exist if the customer, despite a warning, repeatedly breaches
its obligations from Subclause 14.4 of these General Business Terms and the
breach is not insignificant.
15.4. Each termination shall require a text form.
16. Publication of Add-ons
16.1. If the customer is registered as a Developer it has the possibility
to upload Add-ons and therefore offer these to third parties for download
free of charge
16.2. In order to upload Add-Ons the customer will press the button with
the inscription "Upload Add-ons" in the customer area of its customer
account.
The customer will transmit the Add-ons uploaded to it by pressing the
button with the inscription "Add Addon" to TeamSpeak.
16.3. TeamSpeak publishes the Add-ons on "MyTeamSpeak".
16.4. TeamSpeak does not check the uploaded Add-ons before publication. In
the event of a reference to the unlawful nature of an Add-On TeamSpeak
explicitly reserves the right to delete individual contributions.
16.5. The customer undertakes towards TeamSpeak not to publish any Add-ons,
which violate the laws of the Federal Republic of Germany or infringe the
rights of third parties.
16.6. The customer shall indemnify TeamSpeak from all rights of third
parties, which these assert against TeamSpeak owing to the publication of
Add-ons on TeamSpeak.com by the customer. Subject to the approval of the
customer TeamSpeak will not submit any acknowledgements or other legally
relevant declarations, which substantiate the asserted claims of the third
party.
16.7. The indemnification obligation described in Subclause 16.6 of these
General Business Terms shall cease to apply if the circumstances which
substantiate the claims of the third party are verifiably due to a grossly
negligent or wilful misconduct of TeamSpeak.
16.8. TeamSpeak undertakes to inform the customer immediately of the filing
of actions against it or the assertion of claims and to give it the
possibility to take over the legal defence.
17. Termination of the customer account as a Developer
17.1. The customer has the possibility to have its customer account as
Developer deleted by TeamSpeak at all times. For this purpose the customer
will send the deletion request to TeamSpeak in a text form. TeamSpeak will
delete the customer's Developer account immediately after receipt of the
termination. Add-ons published by the customer will also be deleted
immediately. With the deletion the contract will end concerning the use of
the Developer account.
17.2. TeamSpeak is entitled to terminate the contract concerning the use of
the Developer account at all times by adhering to a period of notice of
three months to the end of the quarter of a calendar year.
17.3. The right to the extraordinary termination of both parties shall
remain unaffected. A right to the extraordinary termination shall in
particular exist if the customer, despite a warning, repeatedly breaches
its obligations from Subclause 16.5 of these General Business Terms and the
breach is not insignificant.
17.4. Each termination shall require a text form.
C. General terms
18. Warranty
18.1. The statutory warranty rights shall apply to consumers.
18.2. The following provisions will apply towards entrepreneurs:
18.2.1 The warranty rights of the customer shall become statute-barred
within one year. This shall not apply to culpably caused damages that
can be attributed to TeamSpeak from the injury to life, the body or the
health and damages caused by gross negligence or wilful intent or
fraudulent intent as well as with claims for recourse according to
Sections 478, 479 BGB.
18.2.2 A warranty on the part of TeamSpeak is excluded insofar as the
defect was suffered due to circumstances, which TeamSpeak caused at the
explicit request of the customer.
18.2.3 The liability for damages, irrespective of fault, for initial
defects according to Section 536a Par. 1 BGB is excluded.
19. Liability
19.1. TeamSpeak shall be liable in all cases of contractual and
non-contractual liability in case of wilful intent and gross negligence
according to the statutory provisions.
19.2. In other cases TeamSpeak shall only be liable - insofar as not
otherwise regulated in Subclause 19.3 of these General Business Terms -
with a breach of a contractual obligation, the fulfilment of which makes
the proper execution of the contract possible at all and on the compliance
with which the customer may therefore, as a rule, rely upon (so-called
cardinal obligation). The liability of TeamSpeak is excluded in all other
cases, subject to the regulation in Subclause 19.3 of these General
Business Terms.
19.3. Insofar as TeamSpeak is fundamentally liable according to Subclause
19.1 of these General Business Terms, this liability is limited to damages,
which TeamSpeak foresaw as a possible consequence of a breach of contract
upon conclusion of the contract or should have foreseen when applying the
customary care and attention. Indirect damages and follow-up damages, which
are the consequence of defects to the service by TeamSpeak, are in addition
only capable of compensation insofar as such damages can typically be
expected with the use of the service as intended.
19.4. The liability of TeamSpeak for damages from the injury to life, the
body or the health and according to the German Product Liability Act shall
remain unaffected by the aforementioned liability limitations and
exclusions.
20. Offsetting, rights of retention and assignment
20.1. The customer is only entitled to offset against claims against
TeamSpeak, which have been declared final and binding or are undisputed.
The same shall apply to the assertion of rights of retention.
20.2. The assignment of claims against TeamSpeak to third parties is only
possible with the written consent of TeamSpeak. This shall in particular
also apply to an assignment of the licence granted by TeamSpeak to third
parties.
21. Text form
21.1. Addendums and amendments to the reached agreements between TeamSpeak
and the customer including these General Business Terms shall require a
text form in order to be valid.
21.2. With the exception of managing directors or authorized signatories
the employees of TeamSpeak are not entitled to reach oral agreements, which
deviate from these regulations.
22. Applicable law and place of jurisdiction
22.1. German law will apply. With consumers this choice of law will only
apply insofar as the protection granted by mandatory provisions of the law
of the state of the consumer's customary place of above is not withdrawn
hereby (principle of favourability).
22.2. The place of performance for all services from the business
relationships existing with TeamSpeak as well as the place of jurisdiction
is the registered seat of TeamSpeak, insofar as the user is not a consumer,
but a merchant, legal entity under public law or special fund under public
law. The same shall apply if the user does not have a general place of
jurisdiction in Germany or the EU or the place of residence or customary
place of abode is not known at the time when the action is filed. The
authorization to also bring the matter before the court at another
statutory place of jurisdiction, shall remain unaffected hereby.
22.3. The provisions of the UN Convention on Contracts for the
International Sale of Goods will explicitly not apply.
II. Customer information
1. Identity of the provider
TeamSpeak Systems GmbH
Soiernstr. 1
82494 Krün
Phone: +49-8825-920-2000
E-mail: [email protected]
2. Information regarding the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the
contract itself and the possibilities for correction are carried out according
to clause B. of the General Business Terms (Part I).
3. Contractual language, storage of contractual text
The contractual language is German.
The full contractual text is not stored by TeamSpeak. Before sending the
respective offer the offer data can be printed out or stored electronically
through the print function of the browser. With the acceptance of the offer by
TeamSpeak the contractual data, the information stipulated by law with distance
selling contracts and the General Business Terms will be sent to the user by
e-mail once again.
4.Essential features of the goods and services
The essential features of the goods and services can be found in the service
specifications and the supplementary details on TeamSpeak.com.
5.Prices and payment modalities
All prices and payment modalities can be seen during the conclusion of the
respective contract as well as above in the General Business Terms (Part I.).
6.Statutory right to liability for defects
The statutory rights to liability for defects shall exist towards consumers.
7.Term of contract, termination
You can find information relating to the term of the contract as well as the
terms and conditions for the termination in the respective service
specifications as well as in B. of the General Business Terms.
Privacy statement
TeamSpeak Systems GmbH
1. Scope
1.1 Please find information below concerning the collection, storage and
processing of personal data when using the websites operated by TeamSpeak
Systems GmbH under the domains teamspeak.com, teamspeakusa.com and
myteamspeak.com (hereinafter the first and the second one referred to as
"TeamSpeak.com" and the last one referred to as "Myteamspeak.com"; all of
them jointly referred to as "TeamSpeak Websites"), especially but not
restricted to the download of the software solutions "TeamSpeak 3" and
"TeamSpeak 3 Software Development Kit" (hereinafter referred to as
"software solutions"), download and use of the TeamSpeak Software Client
(for PC or for mobile devices), participation in the forum as well as the
down- and upload of own software programmes onto the TeamSpeak websites,
which are compatible with the software solutions of TeamSpeak (hereinafter
referred to as "Add-ons") as well as rent of servers.
1.2 Personal data are all data, which can refer back to you personally,
i.e. could be associated with your person. These are in particular name,
e-mail address, address, telephone number, user behaviour, IP address, etc.
2. Service provider
2.1 The service provider according to Section 13 German Telemedia Act and
the responsible body according to Section 3 Par. 7 Federal Data Protection
Act is TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the
register of companies of Munich County Court under the register number HRB
172523 (hereinafter referred to as "TeamSpeak").
2.2 The TeamSpeak Websites contain links, by activating which you will be
forwarded to the websites of third parties. TeamSpeak explicitly points out
that in this case you must inform yourself on the linked website about the
collection, storage and processing of personal data by the third party
provider, as TeamSpeak has no influence on such a process.
3. Information
3.1 You are entitled to request detailed information from TeamSpeak at all
times regarding the data stored and processed relating to your person as
well as their origin, the purpose of the storage and processing as well as
the recipients or categories of recipients, to whom these data are
forwarded.
3.2 Please direct the enquiry for information by e-mail to
4. Revocation
4.1 You can revoke your consent to the storage, collection and processing
of your personal data at all times.
4.2 Please send your revocation by e-mail to [email protected] or by
e-mail, telephone, post or fax to the contact details stated in the imprint
of the TeamSpeak Websites.
5. Use of cookies
5.1 Cookies are stored on your computer when using the TeamSpeak Websites,
even if the TeamSpeak Websites are used purely for informational purposes.
5.2 Cookies are small text files, which are stored on your hard disk drive,
allocated to the browser used by you, are stored and through which certain
information is conveyed to the agency, which places the cookie. Cookies
cannot carry out any programme and, above all, not transmit any viruses to
your computer either. Cookies serve in particular to design the TeamSpeak
Websites more user-friendly.
5.3 If you have a user account for the TeamSpeak Websites , cookies in
particular serve to identifying you for follow-up visits to the TeamSpeak
Websites. This prevents that you must log-in once again for each visit.
5.4 The TeamSpeak Websites use the following types of cookies:
* Transient cookies, i.e. with temporary use
* Persistent cookies, i.e. with time-limited use
* Third party cookies, i.e. cookies of third party providers
5.5 Transient cookies will be deleted as soon as you close your browser.
These shall in particular include the so-called session cookies. Session
cookies store a session-ID, with which the enquiries of your browser can be
allocated to the session so that your computer can be recognised again by
the system when you return to the TeamSpeak Websites. As soon as you
log-out or close your browser, all session cookies will be deleted
automatically.
5.6 Persistent cookies will only be deleted after a duration that depends
on the respective cookie, which goes beyond the session, however no later
than two months after the cookie was set. You can delete these cookies
yourself at all times in the security settings of your browser.
5.7 In your browser settings, you can adjust the use of cookies
individually and also prevent this completely. You can also completely
prevent the use of third party cookies. In this case it is, however,
possible that you will not be able to use all functions of the TeamSpeak
Websites.
5.8 The information stored via cookies will be stored separately from your
other personal data and not linked with such data.
5.9 TeamSpeak points out that the third party providers, which collect data
by using cookies, also use data regarding the use of the TeamSpeak Websites
for user-generated advertising on other websites. TeamSpeak has no
influence on this data collection.
6. Informational use of the TeamSpeak Websites
6.1 In case of a purely informational use of the TeamSpeak Websites,
TeamSpeak will only collect the data transmitted by your browser, these
are:
* Your IP address
* Date, time and duration of your visit to the respective website of the
TeamSpeak Websites
* Your user behaviour, i.e. your visit to the TeamSpeak Websites,
subpages of the TeamSpeak Websites as well as the order of your visits,
clicks carried out as well as time spent on individual pages and
subpages
* Time zone difference to the Greenwich Mean Time
* The access status / http-status code
* Concretely transmitted data volumes
* Operating system and its interface
* Browser as well as language and version of the browser software
* The website, from which the request comes
When using a mobile device for visiting the TeamSpeak Websites the
following data will be additionally stored:
* Type of mobile device and its settings
* Your location, from where you are accessing the TeamSpeak Websites
6.2 A purely informational use of the TeamSpeak Websites exists if you do
not register for a customer account or a forum account, do not make any
enquiry via the TeamSpeak Websites, nor download the software solutions or
the TeamSpeak Software Client or send any other information regarding your
person to TeamSpeak either.
7. Data collection when acquiring licences for the software solutions via
TeamSpeak.com
7.1 If you acquire licences for the software solutions via the TeamSpeak
Websites, you must create a customer account. An order without an existing
or a customer account that is to be newly created is not possible.
7.2 When registering for a user account your data given during the
registration process - subject to a deletion of your user account by
TeamSpeak that can be carried out at all times upon request by you - will
be stored.
7.3 The data transmitted by you will, in particular, be used for the mutual
fulfilment of the contract. For this purpose, your data will, if
applicable, also be forwarded to the partner that is required in order to
fulfil the contract. This is, for example, the payment service provider Pay
Pal Inc., 2211 North First Street, 95131 San José, California, USA
(hereinafter referred to as "PayPal"). You will find further information
relating to the forwarding of your personal data to third parties under
Subclause 11 of this privacy statement.
7.4 TeamSpeak additionally uses your personal data for the purpose of
marketing and advertising for the services of TeamSpeak. However, without
your separate consent information will only be send to you for this purpose
relating to services of TeamSpeak, which are similar to the services used
by you.
7.5 You have the possibility to have your customer account deleted by us at
all times by sending a corresponding request to the e-mail address
[email protected] or the data provided in the imprint of the TeamSpeak
Websites. If your user account is deleted at your request your data will be
deleted immediately, as soon as they are no longer required for the mutual
fulfilment of the contract and TeamSpeak is not legally obliged to store
that data.
7.6 In order to prevent unauthorized accesses of third parties to your
personal data, in particular financial data, the order process will be
encrypted per SSL technology.
8. Download of the TeamSpeak Software
8.1 Download of the TeamSpeak Client Software
* If you choose a version for mobile devices, you will be directed to the
internet-shop “Apple AppStore” (iOS) or “Android Market” (Android). The
third party provider may collect, store and process your personal data.
Please inform yourself about the collection, storage and processing of
data by the third part provider, as TeamSpeak has no influence on such
a process.
* During the download process TeamSpeak itself does not collect, store
and process personal data in addition to that stated before. Subclauses
5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly.
* If you choose to download a version of the TeamSpeak Software Client
for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement
apply accordingly. TeamSpeak does not collect, store and process any
additional personal data from you.
8.2 Download of the TeamSpeak Server Software
* By downloading TeamSpeak Server software via Docker, the third part may
collect, store and process personal data. Please inform yourself about
the collection, storage and processing of data by the third party
provider, as TeamSpeak has no influence on such a process.
* During the download process TeamSpeak itself does not collect, store
and process personal data in addition to that stated before. Subclauses
5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly.
* If you choose to download a version of the TeamSpeak Software Server
for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement
apply accordingly. TeamSpeak does not collect, store and process any
additional personal data from you.
9. Special terms for the use of the TeamSpeak Software Client (PC)
9.1 In the event of using the TeamSpeak Software Client TeamSpeak for PC
TeamSpeak possibly collects, stores and processes the following data:
* IP address
* Used operation system and type (32 or 64 bit)
* Data about your behavior (particularly clicks, used menus)
* Crash report, if sent by the you (program line, incident, basic data of
computer hardware used)
9.2 TeamSpeak uses this data exclusively for quality assurance as well as
further development of the software solutions and the TeamSpeak Software
Client. The data mentioned above under Subclause 9.1 of this Privacy
Statement will not be combined with other personal data stored about you.
The data will be anonymized immediately for further use.
9.3 If you do not agree with the collection, storage and processing of the
data mentioned under clause 9.1 of this Privacy Statement you can change
the status in the field “anonymous statistics” (following the menu items
Settings - Options - Applications).
9.4 You can revoke your consent to collect, store and process the data
mentioned under clause 9.1 of this Privacy Statement at all times. Please
send your revocation by e-mail to [email protected] or by e-mail,
telephone, post or fax to the contact details stated in the imprint of the
TeamSpeak Websites. All personal data, which can refer back to you
personally, will be deleted without undue delay.
9.5 The sending of a crash-report is subject to your separate consent which
will be queried separately before you can send the report. You are not
obligated to send a crash-report. If you send a crash-report, clause 9.2
and 9.4 of this Privacy Statement apply accordingly.
10. Server rent
10.1 TeamSpeak itself does not collect, store and process any personal data
in addition to that stated before. Subclauses 5, 6 and 7.2 and 7.6 of this
privacy statement apply accordingly.
10.2 TeamSpeak has no influence on the collection, storage and processing
of your personal data by the lessor. Please inform yourself about the
collection, storage and processing of data by the lessor.
10.3 If you rent a server of a third party, this contract is just mediated
by TeamSpeak.
11. Use of the forum
11.1 The forum can be read without this requiring a registration. In this
case it concerns a purely informational use of the TeamSpeak Websites (cf.
in this respect Subclause 6 of this privacy statement).
11.2 In order to be able to actively participate in the forum you must
register and create a forum account. A user name, a password, your date of
birth and your e-mail address are to be entered with the registration. It
is not compulsory to use a real name, a use under a pseudonym user name is
possible.
11.3 We use the so-called Double-Opt-In-procedure for the registration,
i.e. your registration is only completed when you have previously confirmed
your registration via a confirmation e-mail sent to you for this purpose by
clicking on the link contained therein. If your corresponding confirmation
is not carried out promptly, your registration will be automatically
deleted from our database.
11.4 The data entered by you with the registration are stored by us and
linked with the contents published by you, which are also stored by
TeamSpeak. These data are exclusively used in order to operate the forum
and to process the contract concluded with you concerning the use of the
forum.
11.5 You have the possibility to have your forum account deleted by us at
all times by a corresponding request to the e-mail address
[email protected] or the data stated in the imprint of Teamsspeak.com.
In this case the personal data stored regarding your forum account will be
deleted immediately as soon as they are no longer required for processing
the contractual relationship concerning the use of the forum and we are not
legally obliged to store said data either. Contributions published by you
will be displayed anonymised under the marking "guest" after the successful
deletion of your forum account
12. Up- and Downloading of Add-Ons
12.1 In order to be able to upload Add-Ons you must register for a customer
account as a Developer (hereinafter referred to as "Developer Account").
12.1.1 During the registration you must submit your e-mail-address,
your name and your phone number.
12.1.2 When registering for a developer account your data given during
the registration process - subject to a deletion of your developer
account by us that can be carried out at all times upon request by you
- will be stored.
12.1.3 The data transmitted by you will, in particular, be used for the
mutual fulfilment of the contract as well as the assertion of claims in
the event that the Add-Ons uploaded by you violate the applicable Law
or our General Business Terms.
12.1.4 TeamSpeak additionally uses your personal data for the purpose
of marketing and advertising for the services of TeamSpeak. However,
without your separate consent information will only be send to you for
this purpose relating to services of TeamSpeak, which are similar to
the services used by you.
12.1.5 You have the possibility to have your developer account deleted
by us at all times by sending a corresponding request to the e-mail
address [email protected] or the data provided in the imprint of