Terms of Use
General Legal Terms
Terms of Use
English Language
General Terms And Conditions
Last modified: 11.10.2021
§1 Scope
The following Terms and Conditions apply to all orders placed via our online shop.
These terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
§2 Contractual partner, formation of contract
The contract is concluded with Bavaria2TM UG (haftungsbeschränkt).
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will receive a confirmation via e-mail.
§3 Contract language, saving of the contract text
The language available for contract formation is English.
The text of the contract will not be saved by us.
§4 Refund conditions
Every user has a 14-days money back guarantee after the initial purchase. A refund after an automatically renewing is not possible.
IMPORTANT: This right expires if the service has already been used excessively during this period.This means i. E. already uploaded multiple designs on one or multiple platforms that are well beyond the status of just ‘testing’. We offer a free version in our store where all uploads can be tested before purchase.
Another example would be to use customer service multiple times so that a relevant expense is incurred. This includes the time-consuming answering of e-mails or the solving of problems due to the relevant extra time that this requires.
Note: Of course we know that nearly all users playing fair and square. There is also no problem with asking basic questions about templates or things that are unclear, especially in the beginning
§5 Payment
Discount Codes
A customer is only allowed to use a maximum of two discount codes for one purchase. These two codes must consist of a Flying Upload discount code and an affiliate partner discount code. It is not allowed to use more than two discount codes per purchase. It is not allowed to use more than one discount code from affiliate partners per purchase. Please play fair with us and our affiliate partners.
Methods
The following payment methods are basically available in our online shop.
Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
PayPal
During the ordering process you will be forwarded to PayPal’s online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
§6 Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. The subscription can be canceled at any time by a customer.
Bavaria2TM UG (Haftungsbeschraenkt) reserves the right to cancel the contract with any customer at any given time. In such a case, the costs paid by the customer will be refunded in proportion to the remaining duration of the subscription. As an example if a yearly package was purchased and the subscription of a customer is canceled by Bavaria2TM UG (Haftungsbeschraenkt) after 6 month, half of the payment will be refunded to the customer for the yearly package.
§7 Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
All applications of Bavaria2TM work with third party providers and APIs. For that reason it is always possible that some functions or websites are not usuable for a period of time. It’s also possible that the Bavaria2TM UG has to remove functionalities or upload platforms due to changes not influenced by us.
Customer service: E-Mail (info@flyingupload.com) and Discord
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
Flying Upload offers an automation process to different Print on Demand platforms. The tool itself acts like a third party service, this means a platform can change upload processes over time that have to be adjusted in our service. It can take up to 72 hours (after it was reported) for a platform change to be fully functional again in Flying Upload through an update. Technical difficulties of the platform istelf are excluded from this.
We offer a trademark check functionality. However, we cannot guarantee the accuracy of the trademark checks for the reason, that the data comes from other providers. Any user is responsible himself for double checking the trademarks and making sure not to violate any registered trademark. For this reason we shall not take any liablity for trademark violations.
The user alone is responsible for the quality of his designs, brand protection, compliance with trademarks, and compliance with the regulations of the respective website. We do not take any liability for violations of the website’s specifications. In the event of an account lock or other restrictions imposed by the operator of the respective website, we assume no liability.
§9 Software License / Agreement of Use
The software is licensed, not sold, and Bavaria2TM UG (Haftungsbeschraenkt) reserves all rights to the software, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- circumvent or bypass any technological protection measures in or relating to the software or Services;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services.
- separate components of the software or Services for use on different devices or way;
- publish, copy, rent, lease, sell, export, import, distribute, or lend the software or any data created with Flying Upload or the Services;
- transfer the software, any software licenses, or any rights to access or use the Services;
- use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
- read, write, decrypt, or encrypt any data created or managed by Flying Upload, including but not limited to user data, data files of designs, or user settings;
- reuse any code, code blocks, algorithms, or technical concepts to create new Software or improve existing software.
§10 Technical
We do not own a translation functionality, we only provide a google translate integration. We help you translate your input by automating the process of inserting the input into google. All credit goes to google for making this service available. We are not affiliated with google and google is not affiliated with us.
§11 Limitations
In no event shall Bavaria2TM UG (Haftungsbeschraenkt)or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use our software, even if Bavaria2TM UG (Haftungsbeschraenkt) authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
§12 Links
Bavaria2TM UG (Haftungsbeschraenkt) has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. Use of any such linked website is at the user’s own risk.
§13 Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are not ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
§14 Terms of use amendment clause
We reserve the right to change our terms and conditions if this is necessary for factual reasons or if it is legally only advantageous for our contractual partner. Among others the following reasons are considered as factual reasons for a change:
- Change in the legal situation
- Change of the supreme judge’s case law
- Change in economic conditions or the market situation
- Technical adjustments to our software
We will inform you of any changes and the reason for this by email. You then have 6 weeks to object to the change. If you do not object to the change, your consent to the change is considered granted.
§15 Changes to the prices
We reserve the right to update or modify the prices for our products at any time. In such a case we will inform all our customers about the changes conducted in the pricing of our product. Please review these changes in the pricing of all our products at such an occasion. Your continued use of our products after any changes or revisions to the updated prices and this Terms of Use shall indicate your agreement with the new prices and the Terms of Use.
§16 Marketing & Newsletter
By giving your consent at the sign-up process of one of the products you agree to the marketing measures of Bavaria2TM. Emails can include the following information, but are not limited to, software updates, offers, events, getting started guides, and surveys. Your email is only hold by Bavaria2TM UG and will not be passed to third part company. An exception is if Bavaria2TM is working with a marketing company, in this case the marketing company can have limited access to your information, but all actions are based on operations of Bavaria2TM. The mail will be used throughout all products of Bavaria2TM including, but not limited to: Flying Research and Flying Upload. Based on the current law you will be given the opportunity to opt-out from the mailing list, this option is provided in each mail send to you and in future in your user account. Please note that by signing out from the mailing list you can lose your permission to use our free services and products. This states that you can lose any legal entitlement to use the freely accessible functions based on the decision of Bavaria2TM.
§17 Severability clause
The provisions of this Terms of Use shall apply with the necessary changes if the law of a country other than Germany is applicable.
If one of the provisions of this Terms of Use should be or become ineffective in accordance with the applicable law, this shall not affect the validity of the remainder of the Terms of Use. The ineffective clause shall, as far as possible, be replaced with a permissible clause which approximates as closely as possible to it in effect. If an amendment to the contract is required for this, the spouses mutually undertake to cooperate with the amendment.
Terms of Use created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.
Affiliate Terms
This agreement is designed with you in mind, as well as to protect Flying Upload and our customers.
Last modified: 11.06.2020
§1 Affiliate Registration
We review and moderate all affiliate registrations, and we appreciate your accurate and honest information. Please note that the review process may take a few days – we know you are eager to join our team of affiliates, and we appreciate your patience! If you’re approved, awesome! You can create yourself a unique referral ID that you can use to promote Flying Upload via referral links. Check out your private Flying Upload Area for referrals information.
§1.1 Commissions and payouts
You’ll earn an ongoing 10 – 20% commission when a customer purchases a new Flying Upload license subscription using your referral link. The commission is ongoing until the user cancels his subscription.
We pay out affiliate commissions in EUR directly to your PayPal in the first week of every month. As we have a 14-day money back guarantee, we only pay commissions that are older than 14 days. The minimum payout balance is 5 €. There is no maximum payout balance! In order to receive a payout for your referrals, you must register yourself with a valid PayPal E-Mail. We do not allow referrals to be generated on your own purchases.
Here are the details of our program in summary:
- You’ll receive 10 – 20% commission for every new sale you refer, based on the number of customers who bought over your link
- You’ll receive an ongoing commission until the user cancels his subscription.
- Minimum payout balance of 5 EUR, and no maximum payout (we pay in EUR)
- Commissions older than 14 days will be paid within the first week of each month
- Referrals are paid out to PayPal (other payouts please request)
- Referrals cannot be generated on your own purchases (this includes using a different email address).
§1.2 Referral cookie lifetime
When a potential customer clicks on your referral link, a cookie is stored in their browser to track your referral. The cookie is then stored for a generous 30 days to give your referred customers time to decide if they wish to purchase Flying Upload, or ask us any pre-sale questions they may have. A referral won’t be awarded if:
- The customer uses a different browser to purchase than the one they originally used to visit our site (because the cookie does not exist in that browser)
- The customer purchases after 3 days (because the cookie will expire).
§1.3 Refunded purchases
Referrals older than 14 days and in good standing (i.e. the purchase has not been refunded) will be included with each commission payout (if the commission balance totals 5 EUR or over). If a purchase is refunded, a commission won’t be paid out for that referral. We reserve the right to reject affiliate commissions for any reason. Commission rejections may occur for the following reasons:
- The sale that the referral was based on was refunded
- The method by which the referral was generated was in violation of our promotional policies (see below) or violated the spirit of the Affiliate Agreement.
§1.4 Affiliate news and updates
We reserve the right to reject affiliate applications for any reason. We also reserve the right to choose whether we provide an explanation or reasoning for affiliate application rejection. Below are just a few reasons why an application may be rejected (this is not an exhaustive list):
- Affiliate applications for websites that sell, advertise or engage in pornography, phishing scams, spamming, illegal business practices, or that include any material infringing on National or International Copyright will be rejected.
- Affiliate applications for websites that we do not believe are aligned with our industry or business may be rejected.
- If you apply to become an affiliate and you have not purchased an extension license, your application may be rejected.
- Affiliate applicants with websites that re-sell any of our products will be rejected.
- Websites considered inappropriate by Flying Upload will be rejected.
Inappropriate websites: The following types of sites are not permitted to become an affiliate: adult sites, sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), hacking, cracking, nulled, and warez sites. Affiliate applications for inappropriate websites will be rejected, and we reserve the right to choose whether or not to provide a rejection reason.
§1.5 Affiliate application rejection
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
The subscription can be canceled after every month.
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§2 Flying Upload Affiliate Program Policies
How you promote Flying Upload is reflected in the commission you earn! We encourage the use of promotional methods that add value to Flying Upload and bring us legitimate, loyal customers. We love it when our team of affiliates blog about Print on Demand or Kindle Direct Publishing and mention Flying Upload. Here are a few examples of awesome promotional methods to earn more commission:
- Tell clients, customers or friends about Flying Upload, and give them your affiliate referral link
- Write a review or a blog post about POD, KDP or Flying Upload and link to our site with your referral link
- Reach out to a broad audience with your social network accounts. Tweet about us on Twitter or post on Reddit with your affiliate referral link, post about us on Facebook with your affiliate link, or communicate to your Linkedin followers about Print on Demand or Kindle Direct Publishing with your affiliate link. Spam-free promotion is a great way to get more referrals!
- Provide value to others by answering related questions on other sites with helpful responses, and using your referral link in your replies.
§2.2 Prohibited and super uncool promotional methods
We love and back our product 100%, and we are very careful with how it’s promoted, so we want affiliates who are 100% behind us too! The prohibited promotional methods listed below aren’t meant to scare you off – they’re here to protect you, and us, and our customers from any freaky or fraudulent activity, which is something we take pretty seriously. We know you’ll understand. But here they are in writing just in case you’re not totally sure what is and what isn’t allowed.
- Flying Upload may not be promoted on coupon sites: Customers who are searching for a coupon are already in the market for Flying Upload, so this method adds no value to Flying Upload.
- Any type of spam is prohibited: Any type of spam. Please respect the posting rules of any 3rd-party websites you use to promote Flying Upload. P.S. This is not an exhaustive list of spam methods; if we decide that your activity is spam, it’s spam.
- Any illegal activity or activity deemed offensive by us is prohibited: This may result in referrals being rejected and/or your affiliate account being deactivated. See above for allowed and super cool promotional methods!
- We’re flattered, but please don’t pretend to be professionally associated with Flying Upload: Affiliates aren’t employees of Flying Upload or Bavaria2TM UG (Haftungsbeschraenkt) and have no employee rights.
- Pretending to actually be Flying Upload is prohibited: Cloning our site, copying our site, using our copyrighted site assets, and pretending that a site created by you is an official Flying Upload site is unethical and prohibited (this includes using services that automatically clone websites, or place them into iframes).
- Again, false promotion to customers: that you are endorsed or operated by Flying Upload is prohibited (and super uncool).
If you’re unsure or concerned that some activity you’re about to proceed with may be considered prohibited, please ask us.
§2.3 Consequences of not-cool promotional methods
If your promotional methods step outside of these terms, your referrals may be rejected and we may disable your affiliate account. We reserve the right to do this and may or may not notify you in the instance that this occurs. Please use allowed promotional methods, and help us to help you succeed as an affiliate!
§2.4 Inappropriate websites
The following types of sites are not permitted to become an affiliate: adult sites, sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), hacking, cracking, nulled, and warez sites. Affiliate applications for inappropriate websites will be rejected, and we reserve the right to choose whether or not to provide a rejection reason.
§2.5 The important stuff
The provisions of this Terms of Use shall apply with the necessary changes if the law of a country other than Germany is applicable.
By accepting these terms and conditions you are providing your nonlegal agreement to abide by them. By registering and being approved as an affiliate in our affiliate program you agree that your commissions are subject to approval before they are accepted and subsequently paid. The affiliate relationship does not represent a professional or formal agreement, and as an affiliate you are not an employee of Bavaria2TM UG (Haftungsbeschraenkt). You agree that this is not a legally binding relationship and as a result may not take legal action against Bavaria2TM UG (Haftungsbeschraenkt). These affiliate terms and conditions are subject to change without notice.
