Terms & Conditions

These Terms of Use (“Terms of Use”) apply to your use of and access to the “OK.de” and “OK.secure” services (“Services”) provided by OK.de Services GmbH, hereinafter referred to as “OK.de”. By using our Services, you agree to be bound by these Terms of Use and to have read our Privacy Policy. If you are using our Services for an organization or other legal entity, you are agreeing to these Terms on behalf of that organization. OK.de reserves the right to change these Terms of Use at any time.

Table of contents

1. Services
2. Exclusion and limitation of liability
3. Prices and payment
4. Settlement of disputes and termination of use of the services
5. General information
6. Messages

Services

1. OK.de is a freemailing service. This includes all services and content offered by OK.de on the website under the URL https://www.OK.de (“OK.de site”), as well as the associated sub-sites (so-called second and third level domains) and additional sites to which reference is made from the OK.de site. Excluded from this are services expressly marked as “third-party services” which are not offered by OK.de itself but by a third party. These services are subject exclusively to the General Terms and Conditions posted by the third party.
2. With OK.secure (https://oksecure.de/), OK.de offers a system with which the user can access our secure communication platform called OK.secure. In order to use the service, the customer must create an account consisting of a user name, a telephone number and a password.

Access to the services

1. OK.de

To access the customer account, you must first log in with your OK.de email and password. You will then have access to the service. To use the service, you must have access to the Internet. You can access it from a computer.

2. OK.secure

To access the customer account, you must first log in with your OK.secure username and password and then complete the verification process. You will then have access to the service. To use the service, you must have access to the Internet. You can access it from a computer or mobile device.

Account security and permitted use of services

1. By completing the registration process for this service, you agree to be bound by these Terms of Use and OK.de's Privacy Policy. You warrant that you are at least 18 years of age or have received consent to open and maintain an account from your parents. You agree to maintain the security of your password and identification and you are fully responsible for all use of the Services. You must notify OK.de immediately of any unauthorized use of your password or account, any loss or theft of your password, or any other breach of security. As we do not have access to your account or data, we do not keep a record of your password. If you lose your password, we can only help you if we offer you a new account.
2. You may access and use the Services in accordance with these Terms of Use, subject to any rules of operation or posted guidelines that appear on the Site. Your use of the Service is at your sole risk and responsibility.
3. You represent and warrant as a condition of your use of the Service that you will not use the Service for any purpose that is illegal, unlawful or prohibited. You must not expose the OK.de system to spam, denial-of-service attacks, viruses or actions, activities or code that would interfere with the normal operation of the system. The customer promises to pay a contractual penalty of EUR 5,000.00 (five thousand euros) for each case of culpable infringement of the above obligation, taking into account the legal institute of continuation of the infringement. The assertion of further damages by OK.de is not thereby excluded.
4. The storage space (for e-mail, OK-Drive and other data in the customer's profile) is made available on a graduated basis. If the user reaches a utilization of 1GB (1024 MegaByte) of memory, the limit will only be increased after a check by OK.de, provided there is no misuse.
5. In the event of improper use of the services in accordance with these terms of use, OK.de is entitled to block access to the services and/or terminate the contract with the customer without notice and to delete the customer's account and remove illegal information.
6. The customer is obliged to provide OK.de with truthful personal details (name, address, other contact details etc.). If the customer breaches this obligation, OK.de is entitled to terminate the contract with the customer without notice and to delete the customer's account and the associated data.

Exclusion and limitation of liability

1. Disclaimer

You use our services at your sole risk and responsibility. We provide our services “as is” without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and freedom from computer viruses and/or other harmful code. OK.de does not warrant that any information provided by us is accurate, complete or useful, or that the services will be operational, error-free, secure or that our services will operate without interruption or delay. We do not control and are not responsible for controlling how or when our users use our Services. We are not responsible for the actions or information (including content) of our users or other third parties. You agree to defend, indemnify and hold harmless OK.de, its subsidiaries and affiliates, and its directors, officers, agents, contractors, shareholders, partners and employees from and against any violation of these Terms of Use, the rights of any third party, or your use or connection to our Services.

2. Limitation of liability

You agree not to hold OK.de responsible for any damages resulting from loss of use, data, information or profits in connection with the performance of the Services. Furthermore, you will not hold OK.de liable if material is unintentionally released due to a security error, security breach or force majeure.

3. Availability of our services

The provision of our services may be interrupted at any time, e.g. due to maintenance, upgrades or network or device failures. We may discontinue some or all of our services, including certain features and support for certain devices and platforms, at any time.

Prices and payment

1. Registration with OK.de and OK.secure is free of charge.
2. Insofar as there are premium offers for the services, the following applies:
   • Billing: We will automatically charge you from the date you activate a Premium User Account and at each regular renewal until termination. You are responsible for all applicable taxes and we will charge taxes and VAT when required. You will always be billed a total of 3 months in advance. Storage fees will also apply if 10GB per account is exceeded.
   • No refund: You can cancel your OK.de upgrade account at any time, but you will not receive a refund.
   • Downgrades: Your Upgrade Account will remain in place until it is terminated in accordance with these Terms. If you do not pay for your Upgrade Account on time, we reserve the right to suspend it or downgrade your account to a free account.
   • Changes: We may adjust the applicable fees, but will notify you in advance via a message to the email address associated with your account.
3. In the case of free use, it should be noted that the services of OK.de must then be refinanced in a way other than through customer fees, so that the customer acknowledges that the e-mails sent by him or received by him are provided with advertising from OK.de's advertising partners or that he receives advertising e-mails from OK.de's advertising partners.

Settlement of disputes and termination of use of the services

1. Dispute resolution

The general jurisdiction for any alleged claim you may have against us or our services in relation to or arising out of our Terms of Use shall be exclusively in the judicial district of Girona, Spain.

2. Termination of use

You can stop using Ok,de's services at any time by deleting ok.secure Messenger from your device and discontinuing use of our other services. We may change, suspend or terminate your access to or use of our services at any time for cause, such as if you violate our Terms of Use or otherwise cause harm to ok.de, expose it to risk or other potential legal exposure.

3. Inactivity

If the customer has not used his free account for more than six months by logging in, OK.de reserves the right to restrict access to the customer's account and even to delete it after 12 months of inactivity.

4. Temporary right of use

If the customer has been granted a time-limited right of use for programs or advertising materials by OK.de or the right of use ends due to termination, the following shall apply: At the end of the right of use, the customer shall return all data carriers with programs, any copies and all written documentation and advertising aids to OK.de. The customer shall delete all stored programs from his computer systems, unless he is legally obliged to retain them for a longer period. The customer's other contractual obligations towards OK.de shall continue to exist after any termination or expiry of the contract.

5. The following provisions shall also apply after termination of your relationship with OK.de:

“Licenses”, ‘Disclaimer’, ‘Limitation of Liability’, ‘Dispute Resolution’, ‘Availability’ and ‘Termination of these Terms’ and ‘General’.

General information

OK.de may update the Terms of Use from time to time. When we update our Terms of Use, we will update the last modification date associated with the updated Terms of Use. Your continued use of our services confirms your acceptance of our updated terms and supersedes any previous terms. Our Terms affect the entire agreement between you and OK.de in relation to our Services. If you do not agree to our Terms of Use, you should stop using our Services.

If we fail to enforce any of our Terms of Use, this does not mean that we have waived the right to enforce it. If any provision of the Terms of Use is held to be unlawful, void or unenforceable, that provision shall be deemed severable from our Terms of Use and shall not affect the enforceability of any remaining provisions.

Messages

Written messages to OK.de can be addressed as follows:
OK.de Services GmbH
Uhlandstr. 165/166
10719 Berlin
Deutschland