Terms of Service

Welcome to one.five! 

This page explains our terms of service, which contain important information about your legal rights. When you use one.five services, you’re agreeing to these terms.

Company Details

one.five GmbH, incorporated and existing under the laws of Germany, having its registered office at Reichskanzlerstraße 23a, 22609 Hamburg and registered with the commercial register of the local court of Hamburg under registration number HRB 164675.

To contact us by email, please write to: info@one-five.com.

Privacy Policy

Providing our services to you requires us to collect and use your personal information. You can learn how we handle your personal information when you use our services by reading our Privacy Policy. If you do not agree with the way in which we may use your personal information, then you must not use or access our services.

‍

Terms of Service

The following Terms of Service (which we shall call the “Terms”) govern your use of and access to the services provided, owned or operated by one.five GmbH or any of our affiliate companies (“one.five”, “we”, “us”, or “our”) consisting of https://www.one-five.com/, https://www.tea.one-five.com/ or any other of our websites, or any other products or services offered by one.five (collectively, we shall refer to these as the “Services”).

‍

By using or accessing the Services, you acknowledge our Privacy Policy and Cookies Policy. Please note that depending on how you interact and use our Services, you may be bound by additional guidelines or terms that are made available to you from time to time. All such guidelines and terms are incorporated into these Terms by reference.

‍

We’ve drafted these Terms so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from these Terms, there are places where they may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding agreement between you and one.five and also contain important information about your legal rights. Please read them carefully. If you do not agree to these Terms or any other of our guidelines or terms, you must not use or access our Services.

‍

We’ve tried to make these Terms fair and straightforward, but feel free to contact us at info@one-five.com if you have any questions or suggestions.

‍

When we refer to “content”, you acknowledge that this includes, but is not limited to, technologies, inventions or developments (whether or not protected under applicable intellectual property laws) that you choose to share with one.five.

‍

Your account with us

You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the Services, you are entering into a legally binding agreement between you and one.five regarding your use of or access to the Services. These Terms apply to you whether you are a user that registers an account with our Services or an unregistered user. You acknowledge that you have read, understood, and agree to be bound by these Terms, including all other guidelines and terms applicable to you that are incorporated herein by reference. If you do not agree to these Terms, please do not access or otherwise use any of our Services.

While some of our Services may be accessible by the public, without having to register an account, accessing or using certain elements of our Services may require you to sign-up for a one.five account with us. When you create an account with one.five, you must enter the prescribed information, such as your full name, username and password accurately. The collection, use, and sharing of any personal information will be conducted in a way that is consistent with our Privacy Policy. You agree that where any of this information changes, you shall promptly update this information on your one.five account.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us by emailing info@one-five.com.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We may temporarily or definitively suspend your access to our Services for any reason.

‍

Who can use our Services

Our Services are offered and available to anyone who is 16 years of age or older. No-one under the age of 16 is allowed to create an account or use or access our Services. We may offer additional Services with additional terms that may require you to be even older to use them, so please read all terms carefully.

If you are between the ages of 16 and 18 (or between 16 and the age of legal majority in your jurisdiction of residence), you may only use our Services with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using our Services, you represent and warrant to us that:

• you are over the age of 16;
• you can form a legally binding contract with one.five;
• you have provided accurate and up to date information about yourself;
• you will comply with all applicable local, state, national and international laws, rules and regulations; and
• if you are accepting these Terms and using our Services on behalf of a company, organisation, government, or other legal entity, you have the authority to bind such entity to these Terms, in which case the words “you” and “your” in these Terms shall be construed accordingly to refer to such entity.

‍

Who cannot use our Services

You are not permitted to use our Services if you intend to contravene these Terms or any other applicable one.five guidelines or terms, such as, for example, by:

• impersonating others or providing inaccurate information;
• participating in or encouraging anything that is unlawful, misleading, or for a fraudulent or for an illegal or unauthorised purpose;
• interfering or impairing the intended operation of our Services;
• sharing personal or confidential information belonging to someone else on our Services by any means without their permission or any other applicable legal basis, or violating someone else’s rights, including intellectual property rights;
• failing to make full payment of any fees due for our Services by your payment due date;
• disseminating any information or content that is false or malicious; or
• using any of our domain names, trademarks or URLs in your username without our prior written permission.

‍

If you are suspected or found to be using our Services in contravention of any of the aforementioned, without limiting any other remedy that may be available to us, we may disable your account and any access to our Services, as well as taking any other action we may deem appropropriate, including recourse to legal remedies.

‍

Permissions you grant to us to your content

When you use or access our Services, there are certain rights that you grant and assurances you make to us in relation to the content that you create and share. 

It is important for you to understand that we do not claim any rights of ownership over your content, but instead, it is you in fact who is granting us a licence (a right) to be able to use and access it. This means that at all times before an additional contract is entered into between you and one.five, you remain the rightful owner of (and therefore remain responsible for) any content that you create and share on any of our Services.

When you share, post, or upload your content on or in connection with our Service, you hereby grant to us, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), unless governed by an additional written agreement, such as a non-disclosure agreement, for example, a transferable, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free licence to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings) for the purposes of making our Services available. 

While we’re not required to do so, you permit us to access, cut, crop, review, screen refuse to publish and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms or any other of our applicable guidelines or terms. Remember, you alone remain responsible for the content you create, upload, share, send or store through our Services.

By sharing content through our Services, you permit us to use that content for marketing or promotional materials without any rights to prior inspection or approval. To the extent any moral rights (such as, for example, any rights of attribution) are not transferable or assignable, you hereby waive and / or agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any content.

We always love to hear from you, but if you provide feedback or suggestions, just know that we may use that feedback or suggestion in an anonymised manner without compensating you, and without any restriction or obligation to you.

You represent to us that your access to or use of our Services does not conflict with any contractual understanding you may have entered into with any third party, including but not limited to copyright or neighbouring rights’ collecting societies, publishers, record labels or co-authors.  

‍

Permissions we grant you to use our Services

Unless otherwise specified, we and our licensees are exclusively entitled to all rights in the one.five name, our logo and content (e.g., images, designs, texts, logos, software code, registered designs), including any intellectual property rights (copyrights, trademarks or patents).

Subject to these Terms, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, limited and non-sublicensable licence to use the Services and the above-mentioned content to the extent, for the purposes and within the limits set forth in these Terms or in any additional agreements between you and one.five, or otherwise implied by the intended use of our Services. Any use of our Services or content not expressly permitted by these Terms requires our prior written consent. 

You acknowledge and agree that we may terminate this licence at any time at our sole discretion and without any notice to you in cases of suspected or confirmed infringement of the above-mentioned licence terms.

‍

Responsibilities you have over your content

By posting content on any of one.five’s Services or sharing that content with us, you represent and warrant to us that: (a) you have the ownership rights, or you have obtained all necessary licences or permissions to use your content and grant us the rights to use your content as provided for under these Terms; and (b) that posting or sharing your content violates no intellectual property or personal right of others, any applicable one.five guidelines or terms, or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for your content. 

You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with the content you post or share with us. You agree to pay all royalties, fees, and any other monies owed to any person by reason of sharing content.

We accept no liability in respect of any content submitted by you and published or used by us or by authorised third parties.

‍

Content is shared at your own risk

We use reasonable security measures in order to attempt to protect your content against unauthorised copying and distribution on our Services. However, we do not guarantee that any unauthorised copying, use or distribution of your content by third parties will not take place. 

‍

Limited notices

At various points while using the Services, you may be offered automatic links to other internet sites relevant to a particular aspect of our Services. This does not indicate that one.five is necessarily associated with any of these other sites or their owners.

Whilst it is the intention of one.five that you should find these other sites of interest, one.five shall not have any responsibility or liability of any nature whatsoever for these other sites or any information contained in them, none of which have been verified or endorsed by us.

If at any time you find that you have accessed another site you may return to our Services by clicking on the "backwards" arrow, or by keying in the domain address of one.five.

‍

Advertising 

We or our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.

You understand and acknowledge that we or our third party business partners may display commercial ads, promotions, or information (including commercial or noncommercial information) on any of our Services. You agree that you are not entitled to share in any revenue and / or value generated by us in connection with our placement of advertisements on our Services. 

It is your responsibility to determine the truthfulness and reliability of such advertising or promotional information at your sole discretion. Unless otherwise expressly provided by applicable law, you are solely responsible and we do not assume any liability for any interaction based on such ad or promotional information, or any damage or loss incurred due to the foregoing.

You understand and acknowledge that your express opinion, trust, discovery, or firsthand experience about a specific product on our Services may constitute a recommendation or testimonial of advertising. You will be solely responsible for, and we shall not involve ourselves in, any misleading result caused by such advertising.

‍

Keeping our information confidential 

While using or accessing our Services, you will come across and have access to certain information which belongs to us.

Unless we have given you prior written permission to share any information about us that you come across through using or accessing our Services (including after you have finished using or accessing our Services), you are prohibited from disclosing this information to any third party. The information we are referring to includes any technical, business or other information provided or disclosed to you by us, or by anyone on behalf of us. 

‍

Compensation you may owe to us for losses caused by you

You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless one.five, its parents companies and affiliates, as applicable, and one.five’s directors, officers, shareholders, employees, licensors and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms or any other of our terms and guidelines.

‍

Certain guarantees that we are not able to make to you

Nothing in these Terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer. 

The Services are provided to you “as is” and we make no warranty or representation to you with respect to them. In particular, we do not represent or warrant to you that:

• your use of the Services will meet your requirements;
• your use of the Services will be uninterrupted, timely, secure of free from error;
• any information obtained by you as a result of the Services will be accurate or reliable; and
• defects in the operation of or functionality of any software provided to you as part of the Services will be corrected.

‍

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms. We may change, suspend, withdraw or restrict the availability of all or any part of our Services for business and operational reasons at any time without notice. 

We take no responsibility and assume no liability for any content that you, another member or a third party posts or shares on or through our Services. 

We are not in breach of these Terms or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

‍

Changes to us or to these Terms

You agree that we may, as required for our operation and in our sole discretion, arrange or appoint another one.five group company, its successor, or collaborative partner, approved by us to carry on the operation of all or part of the Services and continue to apply these Terms.

In order to provide a better service to you, we may modify these Terms from time to time in our sole discretion, and may publish the new provisions, policies or rules affecting the use of Services at any time. Whenever it is practicably possible, we may notify you about the modified Terms as applicable by means of website announcement or email. All amendments and updates shall become effective immediately at the time of uploading online and apply to all use of and access to our Services thereafter. Please do not continue to use or access our Services if you do not agree to the modified Terms. If you do continue to use or access our Services, it shall be deemed that you and / or your legal representative have carefully reviewed the modified Terms and agree to abide and be bound by them.

‍

Who is responsible if something happens

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, you shall have no right to claim damages from us or from any natural or legal person acting on our behalf. 

The above paragraph does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and / or damages resulting from intent or gross negligence, as long as you have used our Services in an appropriate and correct manner. 

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, we shall only be liable to the extent of typical and foreseeable damage at the moment the contract was entered into. 

‍

How we will handle any disputes that may arise

If you have a concern, let’s talk. Go ahead and contact us by emailing info@one-five.com first and we’ll do our best to resolve the issue.

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

Unless you are a consumer, in which case the venue of jurisdiction is determined by statute, you agree that any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms, any other one.five guidelines or terms, or our Services must be resolved in the District Court of Hamburg, Germany. 

Without prejudice to any higher degree of consumer protection granted by the laws of the jurisdiction in which you reside, the laws of the Republic of Germany shall govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. 

‍

Other miscellaneous provisions governing our relationship with you

1. These Terms, along with any other materials incorporated by reference, make up the entire agreement between you and one.five regarding your use of our Services. They supersede any prior agreements. 

2. Some of the Services that we offer or the sharing by you of certain types of content may be governed by supplemental terms. For those purposes, you may be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. 

3. If any portion of these Terms is found to be ineffective or unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any provision of these Terms, you agree that this shall not constitute a waiver of any of our rights. 

4. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

5. These Terms do not confer any third-party beneficiary rights. All of our contractual rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

6. These terms were originally written in English. We may translate the Terms into other languages. In the event of a conflict between a translated version and the English version, the English version will prevail except where prohibited by applicable law.