General terms and conditions for the use of the mail merge letter service
Version: 1.0
Status 01.09.2021
- Scope
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the service offered on the website "mail-merge-letter.com" (hereinafter referred to as "Service"), which is provided by Pingen GmbH with its registered office at Badenerstrasse 47 in 8004 Zurich (Switzerland), registered with the Commercial Register Office of the Canton of Zurich under the number CHE-115.571.921 (hereinafter referred to as "Provider"), and can generally be used by any visitor to the website who is capable of acting (hereinafter referred to as "Participant"). By using the service, these GTC become effective. The scope of application includes mediating services. The GTC may be amended from time to time; therefore, the GTC valid at the time of the conclusion of an order shall apply. - Service description
The service allows the subscriber to upload a file as a PDF and upload and edit an address list in CSV format to generate a mail merge letter. - Data collection and recording
The provider is entitled to collect and process all personal data of the participant necessary for the fulfillment of the service. The handling of collected data is specified in the privacy policy, which is part of these GTC. In accordance with the principle of data economy, only the most necessary data will be collected. The Participant undertakes, at the request of the Provider and if necessary, to provide his full name and postal address for delivery. Data, which the participant collects in the service, can be deleted completely at any time. Notwithstanding the above, all data collected by the Participant will be automatically deleted by the system 48 hours after the start of the service letter creation. - Contents
The participant is solely responsible for the content of the uploaded data and the generated mail merge letter, as well as for any direct or indirect damages caused by it. He is not allowed to use the service for the creation of illegal or abusive content. This includes, but is not limited to: derogatory, racist or pornographic content, threats, blackmail, insults, slander, defamation, false news ("fake news"), content against sexual or religious integrity, unauthorized or fraudulent claims, the sending of advertising to addresses blocked for advertising (e.g. addresses with "star entry"), as well as sending under false identity or as an unauthorized third party (e.g. violation of trademark or copyright).
A content check of uploaded or created content by the provider does not take place. However, the provider or commissioned companies may gain knowledge of uploaded or generated content for the creation of a mail merge letter in the course of fulfilling the order (e.g. due to technical malfunctions or for quality assurance reasons).
The provider reserves the right, based on circumstantial evidence, communications from recipients or law enforcement agencies, to review content, to secure it for evidentiary purposes and to disclose it and related information about the participant to directly affected third parties (e.g. recipients of mail merge letters) or law enforcement agencies.
In any case, immediately after becoming aware of mail merge letters with such content, further execution of the service will be stopped. Further claims for material and immaterial damages are expressly reserved. - Data backup
Participant is responsible for backing up data. He/she acknowledges that data will be backed up by the Provider, but will not be archived for individual restoration upon the Participant's request. The participant is responsible for making an appropriate copy (backup) of the data collected in the service. The Provider does not provide a corresponding restore function for individual data records of a Participant. - Liability
The Provider shall endeavor to ensure the most trouble-free and uninterrupted access to the Service at all times; however, it cannot guarantee such access. However, the provider reserves the right to interrupt access to the service for all subscribers or a specific group of subscribers at any time, in particular if increased security risks or malfunctions are detected or for maintenance work.
It is the responsibility of the participant to clarify whether the service is suitable for its intended use. The Provider disclaims any liability for any particular use or direct or indirect damages resulting from use of the Service.
To the extent permitted by law, the amount of liability is limited to the amount paid by the participant for the service. - Law and Jurisdiction
By violating the provisions of these TOS, the Participant forfeits the right to use the Service and entitles the Provider to block access to it or cancel current or future orders.
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected.
The law of the Swiss Confederation shall apply exclusively.
The place of jurisdiction is the registered office of the provider at the time the order is placed.
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