This agreement was written in German. To the extent any translated version of this agreement conflicts with the German version, the German version controls.
monkkee is a web-based journaling application that allows the user to create a user account and write journal entries.
In order to be able to use monkkee, the user requires access data (an email address, an optional login alias and a password).
The user must notify monkkee immediately if there are any signs of misuse of his user account by third parties. monkkee will never ask for the user’s password. The user declares that s/he shall be responsible for consequences resulting from any kind of misuse or damage if he, intentionally or unintentionally, knowingly or unknowingly, enables third parties to use his user account by means of his password. Users shall generally be held liable for all activities performed under their user account.
User content submitted to monkkee is encrypted with a special security mechanism and access is only possible with the user password. In case of loss of the password, monkkee cannot restore the encrypted content of the user. The user shall bear the sole responsibility for the password. monkkee assumes no responsibility or liability whatsoever for any data loss resulting from the loss of a password.
For more information on the security mechanisms of monkkee, go to Security.
Users shall not take any actions which may impose an unreasonable or disproportionately large load on the infrastructure of monkkee, or overwrite, block or modify contents generated by monkkee, or interfere with the monkkee application in any other way. Furthermore, electronic attacks of any kind on monkkee such as hacking, viruses or Trojans are strictly forbidden.
Availability of the application
Uninterrupted use or availability of monkkee cannot be guaranteed. In particular, maintenance work, security or capacity issues beyond the control of monkkee can cause temporary non-availability of the services. monkkee shall, however, make every effort to ensure constant availability of the application to the extent possible.
To be able to make full use of the services offered by monkkee, the user must use up-to-date (browser) technologies. If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by monkkee. Please refer to the FAQs for browser-specific limitations.
The use of the monkkee application is currently free of charge. monkkee reserves the right, however, to introduce additional paid services in the future.
Limitation on liability
monkkee is not liable for any data loss or damage that results from the use of this application. Likewise, no liability is assumed for damages resulting from unauthorised access. monkkee further assumes no liability for user-generated content or the actual identity of a user. monkkee will be liable for damages caused by wilful intent or gross negligence.
Protection of data privacy
Despite regular data backups, monkkee cannot rule out the possibility of data loss – in particular due to force majeure or unlawful activities of third parties. monkkee will therefore not be liable for any loss of data.
Cancellation and deletion of the user account
monkkee reserves the right to delete a user’s account with prior notice if it hasn’t been used for 12 consecutive months.
If an individual provision of this agreement is or becomes completely or partially invalid, the validity of the other provisions shall remain unaffected. Place of jurisdiction is the domicile of the provider