Terms of Service

1. Acceptance of Terms

By accessing or using Cataproof ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Service Provider

The Service is provided by:

3. Description of Service

Cataproof provides a web evidence capture service that creates cryptographically signed snapshots of webpages. Our Service includes:

• Automatic and interactive webpage capture
• Screenshot, HTML, and video recording
• Cryptographic signing and timestamping
• Evidence package storage and management
• Verification tools for evidence authenticity

4. Eligibility

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

5. Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

6. Acceptable Use

You agree to use the Service only for lawful purposes. You may not:

• Capture content that infringes intellectual property rights
• Use the Service to harass, stalk, or harm others
• Capture illegal content (e.g., child exploitation material)
• Attempt to circumvent security measures or access restrictions
• Use automated tools to overload or disrupt the Service
• Resell or redistribute the Service without authorization
• Use the Service to facilitate fraud or illegal activities

We reserve the right to remove content and terminate accounts that violate these guidelines.

7. Evidence Packages

7.1 Ownership

You retain ownership of the evidence packages you create. By using the Service, you grant us a limited license to store, process, and transmit your content as necessary to provide the Service.

7.2 Accuracy

Our Service captures webpages as they appear at the time of capture. We do not guarantee that captured content accurately reflects the original source at any other time. Webpage content may change or be removed by the original publisher.

7.3 Legal Use

Evidence packages are designed to provide verifiable records of web content. However, the admissibility and weight of such evidence in legal proceedings is determined by the relevant court or authority. We make no guarantees regarding legal outcomes.

8. Pricing and Payment

8.1 Subscription Plans

The Service offers various subscription plans with different features and usage limits. Current pricing is available on our website. All prices are inclusive of applicable VAT.

8.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees incurred.

8.3 Price Changes

We may change our prices with 30 days' notice. Price changes will take effect at the start of your next billing cycle. You may cancel your subscription before the new prices take effect.

9. Right of Withdrawal (Consumers)

If you are a consumer in the European Union, you have the right to withdraw from the contract within 14 days without giving any reason.

The withdrawal period expires 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw by an unequivocal statement (e.g., email to [email protected]).

Exception: If you have requested that the Service begins during the withdrawal period and you have acknowledged that you will lose your right of withdrawal once the Service has been fully performed, you will not be entitled to withdraw once the Service has been fully performed.

If you withdraw from the contract, we shall reimburse all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw. We will use the same means of payment as you used for the initial transaction.

10. Termination and Data Retention

10.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination, you will retain access to the Service until the end of your current billing period.

10.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without notice, for conduct that we believe violates these Terms or is harmful to other users or the Service.

10.3 Data After Termination

Upon termination, you may download your evidence packages for 30 days. After this period, we will delete your data unless we are required by law to retain it. You may request immediate deletion of your data at any time.

10.4 Survival

Provisions that by their nature should survive termination will remain in effect, including ownership, warranty disclaimers, indemnification, and limitations of liability.

11. Intellectual Property

The Service, including its design, features, and underlying technology, is owned by Cataproof and protected by intellectual property laws. You may not copy, modify, or reverse engineer any part of the Service.

"Cataproof" and associated logos are trademarks of Gradient Zero Deutschland GmbH. You may not use these marks without our prior written consent.

12. Third-Party Content

The Service allows you to capture content from third-party websites. We are not responsible for the accuracy, legality, or appropriateness of third-party content. Your capture and use of such content is at your own risk and subject to the terms of the original source.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• UNINTERRUPTED OR ERROR-FREE OPERATION
• ACCURACY OR RELIABILITY OF RESULTS
• SECURITY FROM UNAUTHORIZED ACCESS

This does not affect any statutory rights you may have as a consumer that cannot be waived or limited by contract.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATAPROOF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

These limitations do not apply to liability for (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability that cannot be excluded or limited under applicable law.

15. Indemnification

You agree to indemnify and hold harmless Cataproof, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you capture or store using the Service

16. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

17.2 Jurisdiction

For business users, any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Freiburg, Germany.

For consumers, mandatory consumer protection laws of your country of residence may apply, and you may bring proceedings in the courts of your country of residence.

17.3 Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cataproof regarding the Service and supersede all prior agreements.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

19. Contact

For questions about these Terms, please contact us at:

Email:[email protected]

Address:
Gradient Zero Deutschland GmbH
Vogesenring 57
79219 Staufen, Germany