|Company Name||The Otherland Group GmbH|
|Represented by||Markus Breuer (Managing Director)|
|Commercial register||HRB 10110 B
VAT ID: DE 256469909
|Registered Address||Piepenturmweg 6
|Visitors Address||The Otherland Group GmbH
|Tel||+49 (700) 386 586 66|
The service “Context Booster for Evernote” (or short “Context Booster”) and the corresponding Context Booster website contextbooster.com is owned and operated by The Otherland Group GmbH (or short “Otherland”).
This document or web page describes the terms and conditions governing your use of Context Booster and the corresponding website. The web site and the service are offered subject to your acceptance – without modification – of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website by The Otherland Group GmbH (constituting the complete “agreement” between you and The Otherland Group GmbH).
By accessing or using any part of the web site or the Context Booster service you accept all the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement you may not access the website or use the Context Booster Service.
Each individual accessing the Context Booster Service and/or the Context Booster website is considered a “user” in the context of this agreement. This includes users acting on behalf a legal entity (commercial or otherwise).
If you are acting on behalf of a legal entity (i.e. as a director, officer, employees or agent of this entity) when accessing the Context Booster Service and/or the Context Booster website, it is your sole responsibility to ascertain that this commercial entity agrees with your access to and use of the Context Booster service and/or the Context Booster website. If you are not certain that this legal entity agrees with your usage of the Context Booster Service and/or the Context Booster website and that this legal entity does accept all the terms and conditions of this agreement you may not access the website or use the Context Booster Service as a representative of this legal entity.
Premium (paid) features
Otherland offers (or might offer in the future) one or more optional features of the Context Booster service as “premium features”, which are only available to users paying a one time and/or regular fee. A user accessing these services is considered a “customer”. Some terms and conditions do apply to all users. Some only apply to customers. When certain terms and conditions do apply only to customers this is explicitly mentioned.
You can register for premium features on the Context Booster website. By registering for a premium feature of the Context Booster service you agree to pay Otherland the weekly, monthly or annual subscription fees indicated for that feature. Payments for the selected premium feature(s) will be charged on the day you sign up for a premium feature and will cover the use of that feature for a weekly, monthly or annual period as indicated.
Fees for premium features are not refundable.
Otherland grants you, the user, a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the Context Booster service and the Context Booster website for personal or business purposes.
You may not access the Context Booster service if you are a competitor or if you are considering or planning to develop and/or market a similar service, except by prior written permission by Otherland. You may not access the Context Booster service for the purpose of monitoring its availability, performance or functionality or for any other kind of benchmarking or competitive purposes, except by prior written permission by Otherland.
You many not, nor permit anyone else to directly or indirectly reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Context Booster service. You may not, nor permit anyone else to modify or create derivatives of any part of the Context Booster service. You may not, nor permit anyone else to remove or obscure any proprietary notices on the Context Booster service. Otherland shall own all title, ownership rights, and intellectual property rights in and to the Context Booster service, the Context Booster website, and any copies or portions thereof.
You may not circumvent the navigational structure or presentation of the Context Booster service or any Content, to obtain or attempt to obtain any documents or information through any means not purposely made available through the Context Booster service. Otherland reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Context Booster service, or any other systems or networks connected to the Context Booster service, which is only available to authorized users.
You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Context Booster's systems or networks, or any systems or networks connected to the Context Booster service.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Context Booster service or any transaction being conducted on the Context Booster service, or with any other user’s use of the Context Booster service.
You may not use the Context Booster service or any information or other content on the Context Booster website for any purpose that is unlawful or explicitly or implicitly prohibited by these terms or use or other operating rules, policies and procedures of the complete agreement between Otherland and the user.
Warranties & availability of services
The Context Booster service and the Context Booster website is provided "as is" and without warranty of any kind to the maximum extent permitted by applicable law. Otherland and its suppliers disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, performance accuracy, reliability and non-infringement. You expressly agree that the use of the Context Booster service and the Context Booster website including content or data distributed by, downloaded or accessed from or through this service is at your sole risk.
Otherland and its suppliers do not make any warranty that the Context Booster service and the Context Booster website will be error free or that access will be continuous or uninterrupted with the following exception:
For customers, who have subscribed to at least one premium feature of the Context Booster service, Otherland shall use commercially reasonable efforts consistent with prevailing industry standards to provide them access to the basic Context Booster service and premium features in a professional and workmanlike manner that is free of defects. Otherland’s exclusive liability for defects in the Context Booster service shall be for Otherland to use commercially reasonable efforts to promptly correct such defects or downtimes.
Otherland reserves the right to change, suspend or discontinue the Context Booster service or certain features of this service. Additionally, Otherland may impose limits on certain features and services or restrict access to certain parts of the service to individual users or any group of users without notice or liabilities.
Limitation of liability
In no event will Otherland, its suppliers, resellers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental or consequential damages; the cost of procurement or substitute products or services; for interruption of use or loss or corruption of data; for the loss of goodwill, lost profits or lowered productivity for any amounts that exceed the fees paid by you to Otherland under this agreement during the twelve (12) month period prior to the cause of action. Otherland shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You acknowledge that Otherland owns or has a license to all title and copyrights in and utilized by the Context Booster service and the Context Booster website.
All title and intellectual property rights in and to the content made available through the Context Booster service are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and are subject to use restrictions under such laws or treaties.
Otherland will not retain the raw textual or other content submitted to the Context Booster service and does not claim copyright or license for any submitted content.
Otherland may terminate your access to all or any part of the Context Booster service and the Context Booster website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Context Booster account (if you have one), you may simply discontinue using the Website.
If you are a (paying) customer, Otherland can only terminate your access to the Context Booster service and/or the Context Booster website if you materially breach this Agreement and fail to cure such a breach within thirty (30) days after you have been notified by Otherland about the breach of the agreement. The only exception to this rule is that Otherland can terminate your access to the Context Booster service and/or the Context Booster website immediately as part of a general shut down of our service.
All provisions of this Agreement, which – by their nature – should survive termination shall survive termination, including, but not limited to ownership provisions, warranty disclaimers, indemnity and limitations of liability.
General representation and warranty
You agree to indemnify and hold harmless Otherland, its contractors, resellers and its licensors as well as their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Context Booster service and Context Booster website, including but not limited to claims and expenses resulting from your violation of this agreement.
The Service “Context Booster for Evernote” (or short “Context Booster”) and the corresponding Context Booster website contextbooster.com is owned and operated by The Otherland Group GmbH (hereinafter called “Otherland”).
Otherland is pleased that you have visited our website and are interested in or using our products and services. It is important to us to protect your personal data during handling throughout the entire business process. We want you to feel secure when you visit our website and use our services.
That’s why we would like to explain what information Otherland collects when you visit our website, when you use Context Booster and how this information is used.
Personal data is specific information about a real, identifiable or factual characteristics relating to a certain natural person or a natural person who can be specified. This includes information such as your real name, address, telephone number and date of birth. Information, which cannot be directly linked to your real identity - such as favorite websites or number of users of a site - is not considered personal data.
We will be especially careful with collecting, storing and using Personal Data. Additionally, we will only collect such information, when it is necessary to do so, to provide you with the services we offer currently or which we are planning to offer in the near future.
Collection and processing of personal data
When you visit our web pages, our servers or those of our suppliers will temporarily save some data about the computer connecting you to our site or services – including, but not limited to you IP address (so replies can be send back to your computer) a list of the pages, which you visit within our site, the date and duration of your visit, some identification data about the type of browser and operation system used as well as the website which lead you to our site, initially.
If you don’t have an account for the Context Booster service, we won’t store the data gathered about you in a way, which can be connected to your real-world identity. We won’t store this information together with any “key”, which precisely identifies you or the computer you use. In particular Otherland never stores information relating to your name, postal address, email or IP address if you are not a registered user of the Context Booster service.
If you don’t have an account for the Context Booster service, we or one or more of our suppliers and partners might store aggregated information about your usage patterns within the Context Booster service or within our website(s) in a highly compressed, pseudonymous form (technically: the key is a hashed ID). In other words: the specific internet addresses (URLs) you have visited are not permanently recorded, but we or one or more of our suppliers and partners might store the frequency of your visits for various subject areas, which we have identified on the pages of our web site(s) or in the notes generated by the Context Booster service. Sensitive topics such as religion, health or sexuality are not monitored, though.
If you have an account with Context Booster some of the data mentioned above might be stored permanently in a way connected with your account data, to be able to better serve you in the future. Actually we do this to be able to make better suggestions for “contexts”, which are relevant to you. Storage of this data will be done in a compressed form. We will not permanently store the precise data of all your activities within our website(s) or within the notes generated by the Context Booster service in all gory detail. We are only interested in the topics you are interested in. If you still don’t want this, you should cancel your account with the Context Booster service and or stop using the Context Booster service and the Context Booster website.
Personal information such as your name, address, telephone number or e-mail address is not collected unless you provide this data voluntarily, e.g. as part of a registration, survey, competition, fulfillment of contract or an explicit information request.
Utilisation and passing on of personal data
We use the personal data which you have made available to us for technical administration of the web pages and to fulfill your wishes and requests - thus primarily for fulfillment of a contract concluded with you or to answer your request.
Only when you have previously granted your approval or - if so stipulated by legal regulations - have not raised an objection do we also use this data for product-related surveys and marketing purposes.
The Otherland Group does not share, sell, transfer or otherwise disseminate personal data to third parties, unless this is required for the purpose of the contract or unless you have given express consent to do so.
Collection and processing of other kinds of data
When you use our service, Context Booster, our servers or those of our suppliers will read and store (temporarily) documents which you provide for analysis and enrichment ("boosting"). We will only access documents, which you explicitely declare as requiring boosting, either by marking them with a special "tag" in Evernote (currently, the only tag, which marks a document for boosting is "contextboost") or by entering the URL of a web page to be boosted in the respective field of a form on the Context Booster web site. We will never access any other document, neither on you own PC, nor in your Evernote account.
In the future we might like to contact you in order to provide you with information about our offers, news, products and services. Before we start to do this, we will ask you (for example, when registering for the Context Booster on our web site(s)) to indicate whether or not you would like to receive this kind of information from us. You always will have the option of denying such requests for a permission to contact you.
While the Context Booster service is in Beta Status we reserve the right to send each registered user of the Context Booster service a newsletter once in a while, which will not include advertising for third party products. This will change after the Context Booster service leaves Beta status. When the Context Booster service leaves Beta status we intend to make the permission to send the newsletter to you optional.
Our web pages might use short-lived cookies, to store data needed for technical guidance of the session. This data is not personal in nature and is deleted when you close your browser.
We would furthermore like to point out that browsers usually offer functions for administration of cookies, for blocking or deleting them (globally or selectively) etc. If you use this functionality, parts of our website(s) or the Context Booster service might not work anymore or won’t work the way you expect them, though.
Otherland shall use all necessary, commercially reasonable technical and organizational security measures consistent with prevailing industry standards to protect your personal data from being lost or misused. If personal data is collected or transmitted between your computer and our servers or between our servers and third party systems, it will be encrypted by Secure Socket Layer technology (SSL) during transmission if this is technically feasible.
This is especially true when we collecting payment information. For this purpose we employ the services of the online payment provider Paymill GmbH. Payment information you enter into the respective forms is never transferred to or stored in servers under our control but is transferred (encrypted) directly to systems under the control of Paymill.
Cross border data transfer
Information, which Otherland collects under the conditions described above, may be stored and processed in and transferred to computers physically located outside of Germany and the EU. Some of the most important computers, which we use to supply you with the Context Booster service are hosted in the data centers or our suppliers and partners – most of them are located outside the EU.
By using our website(s), the Context Booster service or by creating an account for the Context Booster service you imply your consent to such cross-border transfers of personal information.