Terms and Conditions
As of: 11.03.2025
Acceptance
By accessing or using the free or premium ‘Colony Counter’ services of online-colony-counter.com (the “Service”), you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, you may not use the Service.
Use of Images and Transfer of Rights
By uploading images on our website and use it in our software, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, modify, distribute, display, and create derivative works from these images for any purpose, including but not limited to commercial use. You retain ownership of the images, but agree that we may use them without further consent or compensation.
Data Security
We will implement reasonable technical and organizational measures to protect the data you upload to the Service. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure.
By using the Service, you accept any risks related to potential unauthorized access to your data. Also you agree that adminstrators of online-colony-counter.com are allowed to contact you via email for software, invoice or other service related reasons. More details can be found in our Privacy Policy.
Intellectual Property
All software, designs, code, trademarks, and other intellectual property related to the Service are the sole property of Christopher Behrendt, 28209 Bremen, Germany. You are granted a limited, non-transferable, and non-exclusive license to use the Service for its intended purpose.
No Guarantee of Accuracy
The Colony Counter is still in an early development phase. We do not guarantee that the counting results provided by the Service are accurate, reliable, or suitable for any specific purpose. Users are responsible for verifying the results before relying on them for scientific, commercial, or other purposes.
Service Availability and Downtime
We do not guarantee uninterrupted availability of the Service. Server downtimes, maintenance, and other disruptions may occur and are beyond our control. We are not responsible for any inconvenience, loss, or damages resulting from Service interruptions. Please let us know immediatly if you have any bugs and we will solve it as soon as possible.
User Representations and Warranties
By uploading images, you represent and warrant that:
- You own or have the necessary rights and permissions to upload the images.
- The images do not violate any third-party intellectual property rights or privacy laws.
- You are legally permitted to transfer these rights to us under the laws of your jurisdiction.
Limitation of Liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to your use of the Service. The Service is provided “as is” without warranties of any kind.
Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses arising from your use of the Service, including but not limited to violations of these Terms or third-party rights.
Changes to Terms
We reserve the right to modify or update these Terms at any time. Any changes will be posted on our website, and your continued use of the Service after such changes constitutes your acceptance of the updated Terms.
Pricing
The use of the premium version of the Colony Counter is available for a fee of 19 EUR per year. As per German law for small businesses (Kleinunternehmerregelung), the price is stated without VAT (Value Added Tax). No additional taxes will be charged.
Right of Withdrawal
Our customers have the right to withdraw from their purchase within 14 days without providing any reason. The withdrawal period begins on the day of purchase.
To exercise the right of withdrawal, please send an email with your name and order number to chris@online-colony-counter.com.
After successfully processing the withdrawal request, we will refund the paid amount within 14 days via the original payment method.
Subscription
The annual subscription for our software has a duration of 12 months and will be automatically renewed for another year unless canceled before expiration. Cancellation can be requested at any time via email at chris@online-colony-counter.com or directly in your user account. If not canceled before the deadline, the subscription fee will be automatically charged via the originally selected payment method.
Governing Law and Dispute Resolution
These Terms are governed by the laws of Germany. Any disputes arising under these Terms shall be resolved through binding arbitration, in accordance with the rules of the Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS), or in the courts of Berlin, Germany, depending on the nature of the dispute.
Contact Information
If you have any questions or concerns regarding these Terms and Conditions or you have a premium agar counter problem that has to be fixed, please contact us at:
Christopher Behrendt