General Terms and Conditions

Operated by:

Hassel und Kolb GbR

Neuendorfer Straße 102

13585 Berlin

Email: hello@uninspired.studio

1. Scope

These General Terms and Conditions (GTC) apply, after their incorporation, to all contracts for the provision of software as a service (SaaS) and related services (hereinafter "Services") on the Unpinned platform (hereinafter "Platform") in their version valid at the time of contract conclusion. These GTC apply exclusively. Deviating GTC of the customer shall not become part of the contract unless the provider expressly agrees to them.

2. Contract Conclusion

2.1 The information and offers on the Platform constitute a non-binding invitation by the provider to Platform visitors to submit an offer to subscribe to the Services offered.

2.2 Subscriptions for Services are placed using the provider's online subscription form. After selecting the desired subscription plan, entering all required information, and completing all other mandatory steps in the subscription process, the selected Services can be subscribed to by clicking the subscription button at the end of the checkout page (Subscription). By placing the Subscription, the customer submits a binding contractual offer to subscribe to the selected Services. The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the contract conclusion in written or text form (e.g., via email) and this subscription confirmation reaches the customer, or when the provider activates the customer's access to the subscribed Services. The time of contract conclusion is determined by whichever of the alternatives mentioned in the first half of this sentence occurs first.

2.3 Before submitting a binding Subscription via the provider's online subscription form, the customer can review their entries and make corrections at any time using the standard keyboard, mouse, touch, or other available input functions. Additionally, all entries are displayed again in a confirmation window before the binding submission of the Subscription and can also be corrected there using the standard keyboard, mouse, touch, or other available input functions.

2.4 The provider will store the contract text after contract conclusion and send it to the customer in text form (e.g., via email). No additional access to the contract text will be provided by the provider. If the subscription was made through a customer account on the Platform, the customer can view their subscriptions and associated subscription data there.

2.5 The following languages are available for contract conclusion: English.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or independent professional activity. Details can be found in the withdrawal instructions, which are made available to every consumer no later than immediately before contract conclusion.

4. Payment, Default

4.1 The prices listed on the Platform at the time of Subscription apply. All prices include statutory VAT. The customer will be informed about available payment methods on the Platform.

4.2 If payment by credit or debit card is agreed upon, the subscription fee is due immediately after contract conclusion and subsequently according to the selected subscription period.

4.3 If payment via "PayPal" is agreed upon, the subscription fee is due immediately after contract conclusion and subsequently according to the selected subscription period. Payment processing is handled through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.4 In case of payment default, the provider reserves the right to suspend the customer's access to the Services until all outstanding payments are settled.

5. Grant of Rights and Use of Services

5.1 Upon successful Subscription, the provider grants the customer a non-exclusive, non-transferable, and limited right to use the subscribed Services for the duration of the subscription period.

5.2 The customer agrees to use the Services in accordance with these GTC and applicable laws.

5.3 The customer is responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account.

6. Service Availability and Modifications

6.1 The provider strives to ensure the continuous availability of the Services, but does not guarantee uninterrupted access.

6.2 The provider reserves the right to modify, update, or discontinue the Services or parts thereof at any time. The provider will make reasonable efforts to inform the customer about significant changes.

7. Warranty and Liability

7.1 The provider warrants that the Services will substantially conform to their description on the Platform.

7.2 The provider's liability is unlimited:

• for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;

• for damages based on an intentional or grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;

• based on a guarantee promise, unless otherwise agreed;

• based on mandatory liability (e.g., under the Product Liability Act).

  7.3 If the provider negligently breaches a material contractual obligation, their liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place, and on whose compliance the customer may regularly rely.

  7.4 Otherwise, any liability of the provider and the liability of their vicarious agents and legal representatives is excluded.

  7.5 The customer shall indemnify the provider against any third-party claims – including the costs of legal defense at their statutory amount – that are asserted against the provider due to illegal or contractually prohibited actions of the customer.

8. Data Protection

The provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the provider's privacy policy.

9. Final Provisions

9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory legal provisions of the law of their country of residence.

9.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider's registered office shall have jurisdiction, unless an exclusive jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union. The location of our company's registered office can be found in the header of these GTC.

9.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

10. Information on Online Dispute Resolution / Consumer Arbitration

The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr.

The provider is not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the header of these GTC.

11. Copyright and Fair Use

11.1 Any images downloaded through Unpinned are intended for private use only. Users must comply with all applicable copyright laws and regulations when using the downloaded content.

11.2 The provider explicitly prohibits the use of Unpinned for downloading copyrighted material without proper authorization. Users are solely responsible for ensuring they have the necessary rights or permissions to download and use any content.

12. Disclaimer of Affiliation

Unpinned is not affiliated with, endorsed by, or in any way officially connected with Pinterest, Inc. or any of its subsidiaries or affiliates.

13. Service Usage Restrictions

13.1 Users are prohibited from using automated scripts, bots, crawlers, or any other automated means to access or interact with the Unpinned service.

13.2 Users may not attempt to circumvent any technical limitations or security measures implemented in the service.

13.3 The service may not be used for any unlawful purposes or in ways that could damage, disable, overburden, or impair our servers or networks.

14. Account Security

14.1 Users are responsible for maintaining the security of their account credentials and must not share these with third parties.

14.2 Any suspicious activity should be reported immediately to the service provider.

15. Rate Limiting

15.1 The provider reserves the right to implement rate limiting measures to ensure service stability and fair usage among all users.

15.2 Excessive usage that impacts service performance for other users may result in temporary or permanent account restrictions.

16. Changes to Terms

16.1 The provider reserves the right to modify these terms at any time. Users will be notified of significant changes through the platform or via email.

16.2 Continued use of the service after such modifications constitutes acceptance of the updated terms.

17. Price Changes

17.1 The provider reserves the right to change the prices for Services at any time. Such changes will not affect the current subscription period and will only become effective upon renewal.

17.2 Users will be notified of any price changes at least 30 days before their next subscription renewal date.

17.3 If a user does not agree with the price changes, they may cancel their subscription before the next renewal date to avoid being charged at the new rate.