1.1 In the U.S. Lamy, Inc. and in all other countries outside the U.S. C. Josef Lamy GmbH (both referred to as "Lamy") provides its contractual partners ("Users") with access to the kōno-Platform ("Platform") developed and operated by it on the Internet at kono.lamy.com and other domains and in the app “kōno“.
1.2 For Users located in the U.S., Lamy, Inc. is the provider of the Platform and the contractual partner. For Users located outside the U.S., especially in the EU, C. Josef Lamy GmbH is the provider of the Platform and the contractual partner.
2.2 The User has no claim to future use and/or to availability of the Platform at any time. Lamy reserves the right to discontinue the operation of the Platform in whole or in part at any time without giving reasons or to change, shorten or limit the offers on the Platform. Also, Lamy reserves the right to temporarily interrupt the operation and the availability of the Platform, in particular in order to carry out maintenance work, the implementation of new functions or other technical measures.
3.1 The use of the Platform requires registration and creation of a profile for each User.
3.3 The User License Agreement is either for U.S. customers concluded with Lamy, Inc. or for all other countries outside the U.S. with C. Josef Lamy GmbH. The User License Agreement is only concluded with one of the two companies. The companies are not joint debtors.
3.4 Under the User License Agreement, Lamy grants the User a limited, non-transferable, non-exclusive license to install the software and use the Platform on a compatible terminal device of the User. The User may not rent, lease, lend, sell, redistribute or sublicense the software.
3.5 By registering, the User agrees that the provided master data may be stored in a database and used and processed within the framework of the Platform. By providing an e-mail address, the User agrees that it may be used by Lamy for communication with the User in connection with the Platform.
3.6 All information provided for User registration and in the User profile must be truthful. The User must notify changes without delay and enter them in his/her profile. The User is solely responsible for the accuracy and completeness. He/she is also solely responsible for the use of his/her account.
3.7 Successful registration generates a personal account for the User (“User Account“). During the term of the User License Agreement, the User may access his/her User Account at any time and retrieve current information, in particular regarding the billing of the usage fees, the term of the subscription as well as the deposited means of payment and make changes.
3.8 Users are responsible for maintaining the confidentiality of their access data, in particular their passwords. Users may not pass on their access data and must take all measures to prevent third parties from gaining knowledge of them. Users must notify Lamy immediately of any loss or misuse of this access data.
4.1 Access to and use of the Platform requires a subscription in accordance with § 3.2. Here, the User can choose between an initial free test version ("Test Subscription") and a paid version that enters into a period of one month ("Monthly Subscription") or one year ("Annual Subscription").
4.2 Test Subscription
4.2.1 The User may test the Platform without obligation and free of charge for 30 days within the scope of a Test Subscription. During the Test Subscription, the User will have access to the Platform, which may be restricted by Lamy in its sole discretion. The Test Subscription shall begin upon Acceptance by Lamy and shall automatically expire without the need for termination, whereby a termination option for the User pursuant to § 7.2 shall remain unaffected.
4.2.2 If the User does not choose a Monthly or Annual Subscription at the expiry of the Test Subscription, the User Account will remain in effect. The User can then no longer access the Platform, but retains the option to choose a Monthly or Annual Subscription.
4.2.3 The User may only enter into a Test Subscription one time. In order to determine the existence of a previous subscription, Lamy is entitled to rely on information that the User provided to Lamy in the context of a previous registration, such as the device ID, the payment method or the e-mail address.
4.3 Monthly or Annual Subscription
4.3.1 The User may use the Platform by choosing a paid subscription. He/she can choose between two versions of subscriptions, which terms differ. The User can choose between a monthly and annual term.
4.3.2 A Monthly Subscription is always automatically renewed each month for another month after expiration.
4.3.3 An Annual Subscription is always automatically renewed each year for another year after expiration.
4.3.4 To activate and enter into a subscription, it is necessary for the User to enter his/her billing and payment data for the usage fee. By entering the billing and payment data, the User may choose between different available payment methods, in particular credit card, SEPA or other local payment methods. The User hereby grants Lamy a direct debit authorization required for the selected payment method to charge the usage fee.
5.1 Users are obliged not to misuse the Platform. The User assures with the registration not to use the Platform to harass or threaten other Users, Lamy or third parties or to violate the rights of third parties.
5.2 Users are obliged not to use software, scripts, programs or other technical aids in connection with the use of the Platform that could disrupt and limit the functionality and availability of the Platform. Users are prohibited from overwriting, modifying, deleting or otherwise manipulating any content posted by Lamy. The User is prohibited from copying, decompiling, reverse engineering, disassembling, attempting to derive, decrypting, modifying or creating derivative works of any content of the Platform.
5.4 The User agrees to use the software and the Platform in accordance with all applicable laws, including the laws of the country or region in which the User has his/her residence or in which the User downloads or uses the software. Features of the Platform may not be available in all languages or regions.
6.1 For the duration of a Monthly or Annual Subscription, the User shall pay a usage fee due in advance as consideration for accessing the Platform.
6.2 The usage fee for the Platform will be charged from the payment method specified by the User. The payment date always corresponds to the invoice date, and the invoice is available in his/her User account.
6.3 Connection costs, in particular for services of an Internet provider, are not included in the usage fee. The User is solely responsible for the creation of an appropriate connection and the costs incurred for internet connection.
7.1 The User License Agreement begins after the activation of the User's access to the Platform (see § 3.2) and based on the term selected in the subscription.
7.2 Monthly Subscriptions are always automatically extended by another month if they are not terminated by the User in due time. Annual Subscriptions are always automatically extended by another year if they are not terminated by the User in due time.
7.3 The User License Agreement can be terminated by either party at any time at the end of the term. The Test Subscription can be terminated by either party at any time with immediate effect.
7.4 Lamy may also terminate the User License Agreement at any time with immediate effect if (i) timely payment of the usage fee is not guaranteed; (ii) Lamy is required to do so by law; (iii) Lamy decides to discontinue the Platform in whole or in part for objectively justified reasons.
7.5 The right of both parties to extraordinary termination remains unaffected. Terminations must be made in text form (i.e. primarily by letter, e-mail or fax). A deletion of the User Account by Lamy or the User is deemed to be a termination at the earliest possible date.
7.6 The User's claim for reimbursement of usage fees paid in advance is excluded, unless the User terminates the contract for cause and Lamy agrees it has responsibility to reimburse the usage fees. The User's claim for reimbursement of usage fees paid in advance is excluded in any case if Lamy terminates the User License Agreement for cause.
7.7 After termination of the User License Agreement, the User Account remains in effect. The User can then no longer access the Platform, but retains the option to choose a paid subscription. The User also has the option to completely deactivate his/her User Account. After deactivation of the User Account, all data of the User will be deleted by Lamy, unless legal or contractual retention periods require maintaining data.
8.1 If the User is a Consumer, the statutory provisions on warranty in contracts for digital products pursuant to §§ 327 et seq. BGB apply.
8.2 If the User is an entrepreneur within the meaning of § 14 BGB, a legal entity under public law or a public special fund ("Entrepreneur"), §§ 327 et seq. BGB shall not apply.
8.3 Lamy follows standard industry practices for the selection and maintenance of the contents. The completeness, accuracy and timeliness of the content cannot be guaranteed.
8.4 Limitation of liability
8.4.1 For customers located in the U.S.:
Lamy as well as its legal representatives and agents are liable to the User in all cases of contractual and non-contractual liability only in the event of intent and gross negligence supported by evidence in accordance with the statutory provisions for damages. Lamy shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages or liability that result from or are related to the fulfillment of the contract or this Agreement whether in contract or tort or under any other theory of liability, in an amount that is above the aggregate total amount paid by the User to Lamy. The limitation of liability applies to any act wherein the fulfillment makes the proper execution of the contract generally possible and on whose fulfillment the User may regularly rely, and thus limited to the aggregate amount paid to Lamy by the User for the contract.
8.4.2 For all other customers outside the U.S.:
Lamy as well as its legal representatives and agents are liable to the User in all cases of contractual and non-contractual liability only in the event of intent and gross negligence by evidence in accordance with the statutory provisions for damages or reimbursement of wasted expenses. In other cases, Lamy is liable - unless otherwise provided for in § 8.5 - only in the event of a breach of a contractual obligation wherein the fulfillment makes the proper execution of the contract generally possible and on whose fulfillment the User may regularly rely (so-called “Cardinal Obligation“), and limited to the compensation of the foreseeable and typical damage. In all other cases, the liability of Lamy is excluded subject to the provision in §
8.5 The limitations of liability according to § 8.4 shall not apply in case of injury to life, body and health. Liability under any applicable product liability statutes shall also remain unaffected.
8.6 In the event of loss of data, Lamy shall only be liable for the expenditure required to restore the data if the User has properly backed up the data.
8.7 Any liability of Lamy for damages caused by misuse of the password and by incorrect access to the Platform is excluded.
8.8 Lamy is not liable for the content of third-party websites to which content available on the Platform is linked or referred to, provided that Lamy has no knowledge that these websites could violate the rights of third parties. However, Lamy asks all Users to immediately notify Lamy of illegal and dubious content on linked websites.
9.1 If the User is a Consumer, he/she has a statutory right of withdrawal. Further information is available in a separate document provided by Lamy.
9.2 If the User is an Entrepreneur, he/she has not the right of withdrawal provided voluntarily by Lamy.
The content of the Platform, in particular the images and graphics provided therein, are protected by copyright law. All rights are reserved. Any permanent storage, modification and distribution of the Platform contents is not permitted and will lead to legal consequences, including seeking all statutory and actual damages, in case of infringement.
11.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of statutory provisions, in particular of the state in which the User has his/her habitual residence as a Consumer, shall remain unaffected.
11.2 If the User is an Entrepreneur and has its registered office in Germany at the time of conclusion of the contract, the exclusive place of jurisdiction is the registered office of Lamy. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.