Service Terms of Use

1. Scope and Applicability

Liberate Science GmbH ("LibScie" or "we/us/our") provides managed online software services through https://libscie.org and its subdomains (the "Services"). 

The Service Terms of Use ("the Service Terms") guide the legal relationship between LibScie and the Client ("the Agreement") and apply to all (especially legal binding) actions of the Client and LibScie on or in connection with the Services, including the registration of an Account.

2. Definitions

1. "Account": The personal account provided by LibScie to the Client to access the Services, after the Client's registration.
2. "Client": A natural person that registers for, subscribes to, and uses the Services.
3. "Consumer": As defined in Sec. 13 BGB (Bürgerliches Gesetzbuch, German Civil Law Code). Every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
4. "Content": Any type of media (for example text, audio or video files, presentations etc.) uploaded to the Services by a Client.
5. “Subscription”: The recurring service contract between the parties to exchange payment for access to one or multiple of the Services.

3. Conclusion of the Agreement and Registering an Account

1. The Services are only accessible with a Client Account and an active subscription. 
2. Opening a Client Account is free of charge and happens automatically when the Client first subscribes to one of the Services. The Client has to be at least 18 years old and in full legal capacity to open a Client Account.
3. The Client can subscribe to our Services by visiting the website https://libscie.org/services.
4. By clicking on "Pay now" and completing the payment process, the Client asks LibScie to create an Account with their provided email address and add the chosen subscription(s) to their Account. LibScie will send an email for each activated service subscription. 
5. The Client receives an email with their Account information. This includes the Account username and the temporary Account password. 
6. The Client Account is used to provide access to all the Services. Only the Services with an active subscription are functional.
7. The Client agrees to log in to the Services within one week of first subscribing, to complete the Account security setup (for example, update the password and add two factor authentication).
8. The Client shall keep the Account information, especially the chosen password, confidential and not disclose it to any third party. Any abuse or suspected abuse shall be reported to LibScie immediately.
9. By subscribing to the Services, the Client agrees to the Code of Conduct and procedures outlined in it.
10. The Client can access the Service Terms in the most recent version via https://libscie.org/service-terms. The Agreement is concluded in English and the Terms are available in English exclusively.

4. Basic Functions and Rules of the Services

1. Each of the Services provides equivalent functionality to all subscribed Clients. LibScie makes no guarantees about the availability of the Services.
2. The Client provides LibScie with a non-exclusive and revocable license to store, publish, and share Content created by the Client, for the duration of the Account's existence or for the purpose of providing the Services. 
3. Depending on the Services used, the Client’s use of the Services can be public, private, or semi-public (that is, available to other Clients). The Client agrees to the default settings of the Services and agrees to update their use of the Services based on their preferences.
4. The Services offered include but are not limited to:
   • Dashboard service (available under https://dash.libscie.org)
   • Feedback service (available under https://feedback.libscie.org)
   • Git service (available under https://git.libscie.org)
   • Link service (available under https://links.libscie.org)
5. The Client ensures compliance to the basic rules of the Services at any time. On the Services, it is forbidden:
   • To upload and distribute insulting, abusive, offensive, racist, threatening, youth protection law infringing, pornographic, personal rights infringing, promoting violence or sedition, inciting criminal acts, providing instructions on how to commit criminal acts or services that involve pornographic and/or erotic Content or any other illegal Content;
   • To upload and distribute Content that has been copied, in whole or in any part, from any other protected work or material without the permission of the respective copyright owner;
   • To upload and distribute Content that affects or infringes the rights of any third party, in particular personal rights, copyrights or other intellectual property rights or any other third party rights;
   • To upload and distribute Content that contains personal, confidential or non-public information;
   • To contact other Clients of the Services in a not respectful and impolite manner as well as in order to buy or sell any products or services;
   • To provide wrong data or information, and to provide data or information of any third party; or
   • To sell or otherwise transfer the Client Account to another person.

In cases where research purposes may provide exception to these rules, the Client is required to provide qualifying information in situ, which can serve as grounds for exception at the discretion of LibScie.

5. Payment

1. All prices shown on the Services and provided by us are final prices including VAT and - if applicable - transport costs.
2. The payment is due immediately after the conclusion of the contract. 
3. As our merchant of record and payment provider we use Paddle.com Market Ltd (of Judd House, 18-29 Mora Street, London EC1V 8BT, United Kingdom).
4. Paddle.com provides various payment options including: Apple Pay, Bancontact, Credit Card, Debit Card, Google Pay, iDeal, and PayPal. LibScie will show the specific options when creating a new subscription to the Services. A transfer via SEPA is not supported.
5. The payment process may be subject to separate terms depending on the chosen option.

6. Term and Termination

1. The term of this Agreement commences with the Client's registration of an Account. Both parties can terminate the Agreement with effect to the end of each month by sending a termination notice at least in written form (email to suffice). The Client can delete their Account at any time.
2. The Subscription commences with its purchase and lasts either a month or a year, depending on the Client’s choice. The Parties can terminate the Subscription at any time with effect to the end of the respective contractual period. After this first contractual period, the Subscription will automatically renew itself for an indefinite period. The Parties may then terminate the contract with effect to the end of each month. If the Subscription is on a yearly payment plan and the Client terminates the contract before the end of the payment period, LibScie shall refund the remaining remuneration between the effective date of termination and the end of the payment period.
3. The right of both parties to terminate this Agreement for good cause shall remain unaffected.
4. The licenses granted by the Client to LibScie shall remain unaffected by the termination.

7. Availability and Maintenance

1. LibScie shall implement appropriate measures to ensure the continuous availability and error-free functionality of the Services. However, the Client acknowledges that for technical reasons and due to the dependence on external influences, LibScie cannot guarantee the uninterrupted availability of the Services.
2. LibScie will occasionally carry out maintenance tasks to ensure the functionality or extension of the platform. These tasks may lead to a temporary impairment of the usability of the Services. Insofar as possible, LibScie shall carry out the maintenance tasks during periods of low use.
3. LibScie provides the Client with statistics on the up- and downtimes of the Services on the pages under the domain https://libscie.org/status.

8. Warranty

If the Client is a Consumer and chooses to subscribe to the Services, the statutory regulations (Sec. 327 et seq. BGB) regarding the warranty for digital products apply to the subscriptions to the Services.

9. Liability and Indemnification

1. LibScie shall be liable in accordance with the statutory provisions.
2. The Client is responsible for ensuring the routine backup of Client data, in particular the Content uploaded onto the Services. Irrespective of Sections 5.1 to 5.3 of these Terms, if the Client suffers damages that result from the loss of data, LibScie shall in each case only be liable for such damages that could not have been avoided by carrying out data backups of all relevant data in regular intervals.
3. The Client agrees to indemnify, defend and hold LibScie, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, “Claims”) suffered or incurred by such indemnified parties resulting from or arising out of any actual or alleged breach of the Client's obligations, warranties and guarantees under these Terms or violation of any third party's rights, provided that the breach or violation in question was or would have been a culpable breach or violation. LibScie shall inform the Client without delay of any such Claim, and will provide the Client with any reasonably available information on the Claim to facilitate the Client's cooperation in defending against the Claim. The Client shall cooperate as fully as reasonably required in the defense of any Claim. LibScie reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Client.

10. Right of Withdrawal

If the Client acts as a Consumer, the Client has a fourteen-day right of withdrawal. Regarding this right of withdrawal, please refer to https://libscie.org/right-of-withdrawal.

11. Data Protection

1. For a comprehensive information on how LibScie collects, processes or uses personal data of the Client in the context of the Agreement and the usage of the Services, please refer to https://libscie.org/privacy.
2. Insofar as the Content or any other material of the Client that the Client provides to the Services to make it publicly available contains personal data of third parties, the Client remains the controller of such data and LibScie shall act as the Client's processor of personal data pursuant to the GDPR. For these purposes, the parties conclude the data processing agreement available on https://libscie.org/data-processing-agreement.
3. The parties agree that LibScie may fulfil any deletion request based on the Data Processing Agreement, especially according to its Clause 10 (d), by anonymization of the personal data included in the Content instead of deleting the Content itself. 

12. Changes to the Service Terms

1. LibScie has the right to introduce additional functions to the Services and add corresponding rules to the Service Terms. LibScie shall announce these changes at least four weeks before they enter into force, by informing the Client by email. If the Client does not object in text form (e.g., letter, fax, e-mail) within a period of two weeks, beginning with the day following the announcement of the changes, LibScie assumes that the Client agrees to the changes.
2. LibScie shall inform the Client in the notice of his right to object, its requirements and consequences. If the Client objects to the changes, the contractual relationship shall be continued under the most recent version of the Terms before the change. In such case, LibScie reserves the right to terminate the contractual relationship with effect to the next possible date.
3. Otherwise, a change of the terms of use is possible at any time with the consent of the Client.

13. Miscellaneous

1. The sole place of jurisdiction for all differences arising out of or in connection with this Agreement shall be Berlin, Germany if the Client is a merchant pursuant to the German Commercial Code (Handelsgesetzbuch), a legal entity of public law or a public special fund. Additionally, this shall be the case if the Client’s place of residence or usual place of residence is unknown at the time of making the complaint is filed or it is moved out of the scope of the German Code of Civil Procedure after the Agreement is concluded. Statutory provisions regarding exclusive jurisdiction shall remain unaffected.
2. This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Germany under exclusion of German International Private Law and the UN Convention on the International Sale of Movable Goods.
3. The European Commission provides an Online Dispute Resolution (ODR) platform for the out-of-court resolution of disputes concerning contractual obligations with consumers as it is defined in Article 4 of EU Directive No 11/2013. The platform can be accessed under http://ec.europa.eu/consumers/odr/. Neither does LibScie participate in such ODR nor does LibScie use alternative dispute resolution (ADR) procedures to resolve disputes with consumers.
4. For the most up-to-date business information about LibScie, the information provided on https://www.libscie.org/imprint shall be authorative.

Berlin, July 2025