CutDog is a URL shortening service provided by Fasterminds GmbH, a limited liability company based in Germany. CutDog allows users to create shortened URLs, manage their links, and track performance analytics, making it an essential tool for simplifying and monitoring web traffic. These Terms are governed by German law, and the language of the Terms and all communications related to them is English. Any disputes arising from or related to these Terms shall be resolved exclusively by the courts of Düsseldorf, Germany. These Terms outline the conditions under which CutDog's services are offered to users.
1. Subject Matter of the Contract
1.1 The provider supplies the contractual services, in particular, access to software, in their area of disposition (from the data processing centre's interface to the Internet). The scope, nature, purpose and conditions of use of the contractual services are determined by the respective service description, in addition to the software's operating manual.
2. Scope of Use
2.1 Contractual services may only be used by the customer and only for the purposes agreed in the contract. For the duration of the contract, the customer may access the contractual services by means of telecommunication (via the Internet), and use the functionality associated with the software in a contractually compliant manner by means of a browser or other appropriate application (e.g., an "app"). The customer does not receive any further rights, in particular, pertaining to software or any provided infrastructure services at the respective data processing centre. Any further use requires the provider's prior written approval.
2.2 The customer must not use the software beyond the agreed scope of utilization, or allow third parties to use or access the software. In particular, software or parts thereof must not be copied, sold, transferred temporarily, leased or loaned by the customer.
2.3 The provider is authorized to take appropriate technical measures to prevent non-contractual use. This must not significantly impair contractually compliant use of the services.
2.4 If a user exceeds the scope of utilization or an unauthorized transfer of use takes place in breach of the contract, the customer, on request, shall immediately supply the provider with all available information for assertion of claims due to the non-contractual use, including, in particular, the user's name and address.
2.5 The provider may withdraw the customer's right of access and/or cancel the contract if the customer substantially exceeds their authorized scope of use or breaches regulations for preventing unauthorized use. In this context, the provider can interrupt or block access to the contractual services. Beforehand, the provider must always set a reasonable grace period of remedy for the customer. Sole revocation of access authorization does not simultaneously constitute cancellation of the contract. Revocation of access authorization without notice can be upheld by the provider only for a reasonable period of time not exceeding three months.
2.6 The provider's entitlement to remuneration for use above and beyond the agreed scope remains unaffected.
2.7 The customer is entitled to renewed granting of access authorization and access options after proving that they have ceased non-contractual use and prevented further non-contractual use.
3. Availability and Defective Services
3.1 Availability of provided services is determined by the service description. The provider aims to ensure a minimum uptime of 99% monthly but does not guarantee uninterrupted availability. Scheduled maintenance may occasionally affect access to the Service and will, where possible, be communicated in advance through the Website.
3.2 Just a minor reduction in a service's suitability for contractual use shall not give rise to claims by the customer regarding defects. Strict liability of the provider regarding defects already existent at the time of contract conclusion is ruled out.
3.3 Section 578b German Civil Code remains unaffected.
4. Data Protection
4.1 To the extent that the provider can access personal data belonging to the customer or present in their domain, said provider shall act exclusively as a processor and only process and use these data to execute the contract. The provider shall observe the customer’s instructions on handling such data. The customer shall bear any negative consequences of such instructions for contract execution. The customer and provider shall agree on details of handling the customer's data by the provider in accordance with legal requirements concerning data protection.
4.2 The customer remains the data controller generally in the contractual relationship and in the context of data protection legislation. If the customer processes personal data in connection with the contract (including collection and use), said customer assures that they are entitled to this according to the applicable provisions, in particular, those concerning data protection, and exempts the provider from claims by third parties in the event of a breach.
4.3 The following applies to the relationship between the provider and customer: The customer is responsible for processing (including collection and use) of personal data vis-à-vis the data subject, unless the provider is answerable to any claims by the data subject as regards breaches of duty attributable to them. The customer shall review, process, and answer any enquiries, requests, and claims by the data subject. This also applies to claims raised by the data subject against the provider. The provider shall support the customer as part of their duties.
4.4 The provider guarantees that the customer's data are saved exclusively in the territory of the Federal Republic of Germany, or a member state of the European Union, or another state party to the agreement on the European Economic Area, unless agreed otherwise.
5. Customer's Obligations
5.1 The customer shall protect the access rights as well as identification and authentication details assigned to said customer and users against access by third parties, and not relay these details to unauthorized parties.
5.2 The customer is obliged to exempt the provider from all claims of third parties due to legal breaches which are either based on the customer's unlawful use of the subject matter of the contract, or which occur with their consent. If the customer recognizes or must recognize that such a breach is imminent, they are obliged to immediately inform the provider.
5.3 The customer shall utilize the opportunities made available by the provider for securing their data in their original sphere of responsibility.
6. Non-Contractual Use, Damage Compensation
For each case involving unauthorized use of a contractual service in the customer's area of responsibility, the customer shall pay damage compensation equal to the remuneration which would have been due for contractually compliant use over the minimum contractual period applicable to this service. Proof that the customer is not responsible for unauthorized use, or that damage is either absent or much less significant, remains reserved for the customer. The provider remains entitled to assert further damage claims.
7. Malfunction Management
7.1 The provider shall receive the customer’s reports of malfunctions in written form, including sufficient details to classify the issue. Reports should include a description of the issue, the steps leading to it, and any relevant error messages or screenshots.
7.2 The provider shall classify malfunctions into categories (Item 7.3) and address them based on severity. Reports must be submitted promptly to avoid delays in resolution.
7.3 Unless agreed otherwise, the provider shall classify received malfunction reports after an initial inspection into one of the following categories:
- Serious malfunction: A fault that makes the contractual services impossible to use or imposes significant limitations, rendering the customer unable to complete urgent tasks. The customer cannot reasonably circumvent this issue.
- Other malfunction: A fault that impacts the customer’s use of contractual services without rendering them entirely unusable. Such issues are more than minor but do not meet the criteria for a serious malfunction.
- Other report: Issues that fall outside the categories of serious or other malfunctions. These are addressed based on specific agreements with the customer.
7.4 Upon receiving reports of serious or other malfunctions, the provider shall promptly initiate measures to localize and address the cause. If the fault is not attributable to the contractual services, especially the supplied software, the provider shall inform the customer promptly. If the issue is related to third-party software, the provider will forward the report, along with analysis results, to the respective distributor or manufacturer and request a remedy.
7.5 The customer is responsible for implementing temporary or procedural instructions provided by the provider to mitigate malfunctions and must promptly report any remaining issues after deploying such measures.
8. Support Contact
8.1 The provider offers a support contact form for the customer. This contact form will process the customer’s inquiries related to technical requirements, conditions for use of the supplied software, and individual functional aspects.
8.2 The customer shall submit inquiries using the support contact form provided by the provider. The provider will process inquiries during normal business hours and respond as promptly as possible.
9. Contract Duration and Termination
9.1 CutDog operates on a subscription basis with monthly or annual plans. The subscription begins on the date specified during registration and renews automatically at the end of each billing cycle.
9.2 Users may cancel their subscription at any time before the next billing cycle begins to avoid being charged for the subsequent period. Cancellation can be done through the user account settings.
9.3 Upon cancellation, users retain access to the service until the end of the current billing cycle. No refunds will be issued for unused portions of the subscription period.
9.4 Before cancellation, users are responsible for backing up any data they wish to retain. The provider is not obligated to store or recover user data after the subscription ends.
9.5 Extraordinary termination for important reasons, such as breach of these Terms, remains unaffected and may be initiated by either party.