Allgemeine Geschäftsbedingungen (Terms of Service)

1. Scope

These terms govern the use of ortwort (“the Service”), operated by Uzay Durdu, Spiegelberg 3, 88090 Immenstaad am Bodensee, Germany (“we”, “us”). They apply to account holders (“creators”). People who answer a survey without an account are covered by the Datenschutzerklärung only. Deviating terms of the customer do not apply unless we agree to them in writing.

2. The Service

ortwort lets a creator publish short surveys targeted to a geographic area or to a global audience, and view aggregated results. A survey includes three questions; further questions can be added at a cost of one credit each, up to a maximum of 50 questions per survey. Results are indicative local sentiment, not a statistically representative sample, and must not be presented as such.

3. Account and eligibility

You must be at least 18 and provide accurate information. You are responsible for all activity under your account and for keeping your credentials secure. We may suspend or terminate accounts that breach these terms or applicable law.

4. Acceptable use

You may not use the Service to: target or identify a private individual; draw a target area so small that it effectively identifies a single household or person; publish unlawful, defamatory, harassing, discriminatory or misleading content; solicit special-category data (Art. 9 GDPR) from respondents; attempt to bypass eligibility checks, rate limits or the payment flow; or scrape, overload or disrupt the Service. We may reject or remove a survey that breaches this section and, in clear cases, disable it while we review a report. Reports: info@ortwort.com.

5. Credits, plans and prices

Publishing a survey costs credits, calculated from the response goal, the target type and the number of questions, and shown before you publish. Credits are bought in one-off packs and do not expire. The optional Pro subscription (monthly or yearly) adds result export and private results. Prices are shown in EUR and are exclusive of VAT, which is added by Paddle at checkout. New accounts receive a starting credit balance and a referral bonus as described in the app; these promotional credits have no cash value and may be adjusted or withdrawn in case of abuse or breach of these terms.

6. Ordering, Merchant of Record, invoicing

All purchases are concluded with and invoiced by our reseller and Merchant of Record, Paddle (Paddle.com Market Ltd, Judd House, 18–29 Mora Street, London EC1V 8BT, United Kingdom). Paddle’s buyer terms apply to the payment transaction in addition to these terms: paddle.com/legal/checkout-buyer-terms. A binding order is placed when you complete checkout; access to the purchased credits or subscription is granted once Paddle confirms payment.

7. Subscriptions and cancellation

The Pro subscription renews automatically for the chosen period (month or year) until cancelled. You can cancel at any time, effective at the end of the current billing period, via the subscription-management link on the Billing page. On cancellation or expiry, Pro features stop at the end of the paid period; your credits and published surveys are unaffected.

8. Right of withdrawal (consumers)

Consumers have a statutory right of withdrawal for digital content and services. Because credits and the subscription are digital content and services supplied immediately, this right can lapse once performance begins with your express consent — see the separate Widerrufsbelehrung.

9. Availability and changes

We aim for high availability but do not guarantee uninterrupted service; maintenance and third-party outages can cause downtime. We may change features and these terms with reasonable notice. Changes that materially affect a paid plan take effect at the next renewal or, where required, with your consent; if you do not accept them you may cancel before they take effect.

10. Liability

We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, and under the German Product Liability Act. For simple negligence we are liable only where an essential contractual obligation (“Kardinalpflicht” — an obligation whose fulfilment makes the proper performance of the contract possible and on whose observance you may regularly rely) has been breached, and in that case only for the foreseeable damage typical for this type of contract. Any further liability is excluded. This does not alter the burden of proof to your disadvantage. The limitations also apply in favour of our staff, agents and subcontractors.

11. Governing law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory consumer-protection provisions of their country of habitual residence remain unaffected. Where you are a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the operator’s registered seat, to the extent legally permissible.

12. Contact

info@ortwort.com. Provider details: Impressum.