Note: only the German version of these Terms and Conditions is legally binding. You can find the German version here.
Terms of Service: Little Letter
Please read these Terms and Conditions (AGB) carefully and in full.
§ 1 General, about Little Letter
Little Letter (hereinafter: LL) is an online platform for the exchange of short e-mail messages (hereinafter: Lts). The Lts consist of a title, max. 297 characters of text, and optionally a picture. The Lts can only be sent to recipients that have explicitly signed up on the site of LL (http://littleletter.com) (hereinafter users), and have subscribed to Lts from the sending user (closed system).
All Lts are always openly visible to every visitor of LL (hereinafter visitors) — not just users —as all Lts will be published on the website of LL.
The use of LL is free and without age restriction. Users are identified in Lts solely with their LL member name, given real name, and an optional uploaded photo.
As part of our obligation under Art. 246 § 3, No. 4 of the Introductory Act of the Civil Code of Germany, we inform you that the contract shall be exclusively in German.
§ 2 Identity
LL is operated by Clever Elements GmbH. The identity of Clever Elements GmbH (according to Art. 246 § 1 Paragraph 1 No. 1-3 Introductory Act of the Civil Code of German) is:
Clever Elements GmbH, Prinzessinnenstr. 19-20, 10969 Berlin, Deutschland
Director: Manuel Kistner, Matthias Meinecke
Registered office: Berlin
Registered court: Amtsgericht Charlottenburg, commercial register: HRB 125967 B
VAT No.: DE 813700499
§ 3 Requirements for use
LL is for visitors who want to view the platform and the Lts which are available there, which are accessible without registration.
To be a user, one needs to register (for free) for a user account. See §. 4
§ 4 Registration, cancellation
Registration with LL requires entry of a full name or whole company name according to commercial register, a valid e-mail address, and a user name and a password. LL provides companies a link from their profile and Lts to an imprint section (according to §§ 5, 6 of the Electronic Media Law).
Users can correct their data at any time during the registration process. In addition, users can make changes to their data at any time after registration, by logging into their user accounts.
The accuracy of given e-mail addresses must be checked for legal reasons by a double opt-in method (The user receives a notification e-mail with a link to confirm the receipt of the e-mail. This will ensure that the e-mail address belongs to the user). Only after this confirmation can registration be completed.
The data provided will be treated confidentially. See § 11. Only the user name, the specified name and if available, the profile picture can be viewed, when users operate on LL (i.e., write Lts).
Users may terminate their registration with LL immediately, without notice, for any reason, and at any time. The termination is conducted by a corresponding function in the user account. Upon termination, the ability to write Lts will cease. All publicly accessible information and Lts are then permanently deleted after a period of 60 days. The personal data of users, if they do not have to be stored for legal reasons, particularly regarding tax law, will also deleted after 60 days in the event of termination.
§ 5 Subscription to Lts/profiles/invitations
Each user of LL can subscribe to and unsubscribe from Lts by other users at any time. In other users’ profiles, you can see all written Lts by the user, the users’ subscribed Lts, and which other users have subscribed to the users’ Lts.
Users can subscribe to any number of different users’ Lts.
LL is a closed system. Thus, users can not upload their own e-mail addresses for Lts to be sent to.
However, users can send invitations to an external person. For this purpose, the user enters within his account the e-mail addresses which should be invited. A pre-formulated Little Letter invitation e-mail is then sent through the LL mail server to the specified e-mail addresses. In the e-mail, the recipient is invited to register with LL to subscribe to mails by the inviter.
Each user can access statistics of their membership account. There, it is documented how many visitors and users have read the Lts (only anonymous information).
Users have the option to delete published Lts individually without notice. Deleted Lts will no longer be displayed within a certain short period of time, which is technically necessary.
§ 6 Responsibilities of the contractor, forbidden content
Users are solely responsible for the content of Lts and their profile. This also applies to mandatory information in the profile and in the outgoing Lts. See 5, 6 of the Electronic Media Law.
The user ensures that:
- they do not publish or link to content unsuitable / harmful to minors.
- they include only content for which they have copyright (this applies, e.g. for all images) and are the sole copyright owner, or are authorized by relevant rights granted for the use and disclosure within the scope of § 8 of these Terms and Conditions.
- they do not use third party insignia in any infringing manner, including, but not limited to insignia of LL.
- they do not violate third party rights (e.g. personal rights) in any way, and that the Lts do not contain political extremist ideas, criminal acts, slurs, offensive, pornographic or other content which could offend proper and able-minded persons.
- they do not impersonate another person when registering on LL.
- they do not buy or sell LL usernames.
- they do not publish or link to any dangerous content that aims to damage the users’ browser, to cause malfunction, or to jeopardize the privacy of a user.
- they do not publish or link to private and confidential information of other persons, such as credit card numbers, addresses or social insurance / identification numbers, if they have not explicitly allowed it.
- they do not create multiple accounts for malicious or criminal purposes, or create accounts that overlap in content.
The user releases LL from all third party claims regarding contents of their Lts.
§ 7 Responsibility and liability of LL
LL expressly indicates that it is not responsible for the content of Lts. Disputes over content must be resolved directly between the disputing parties.
Regardless of this, legal liability rules apply with the following modifications:
Claims for damages against LL are excluded for any legal reason whatsoever.
This does not apply if an essential contractual obligation (cardinal obligation) has been infringed upon, or if LL or legal representatives or agents show lack of intent or gross negligence. Furthermore, the exclusion of liability does not apply to a culpable injury to life, body or health, or to the assumption of a warranty or guarantee of properties, if the subject of the guarantee or warranty directly draws liability.
In case of liability for breach of cardinal obligations, damages are not excluded, but limited to typical, foreseeable damage.
The limitation of liability also does not apply to claims under the Product Liability Act. A guarantee or assurance in terms of a liability or the assumption of a special obligation applies as given, only where the terms "guarantee" or "assurance" are explicitly mentioned.
LL hereby declares that there is no absolute protection against attacks by hackers in the current state of the art. Furthermore, it declares that 100% availability of LL is not technically feasible at any time. In particular, maintenance, security, and capacity reasons, as well as events that may lie outside the control of LL may lead to temporary disturbances. Of course, LL uses a backup system for maximum security.
§ 8 Deletion by LL
Although LL does not necessarily check the contents of Lts and always refers disputes regarding content to the user as the creator of the Lts, LL reserves the right to delete Lts if there are reasonable grounds to believe that a legal obligation to do so exists and/or if the Lts have prohibited content according to § 6.
§ 9 Usage rights of LL regarding Lts
Users concede to LL simple use rights of the contents of Lts, unlimited in space and content, to copy the contents of the Lts, to distribute, display, recite, and perform them, to send them, to make them publicly available, as well as to reproduce them by audiovisual recordings or broadcasts. This right is temporally limited to the period of the user's membership.
§ 10 Termination by LL/change of user name
LL may terminate each the contracts with users in any case without giving any reason, with a notice period of 4 weeks until the end of each month.
LL reserves the right to extraordinary termination as well as a user ban from the pages of LL when users:
- provide false information,
- provide third parties with login information to their user accounts,
- create Lts which contain content specified in § 6,
- do not accept any future changes to the Terms and Conditions, § 13 sentence 4.
The provisions of §§ 314, 626 Civil Code of Germany, remain unaffected.
If LL is contacted by companies or persons who have a legal right to a user name or their trademark corresponds to an existing username, LL reserves the right to temporarily or permanently change the user name and to select a different user name for the user.
LL uses data of the parties only to the extent necessary for business purposes. As part of the obligations under Art. 246 § 3, No. 2 Introductory Act of the Civil Code of Germany, LL declares that registration statements are stored as database entries. On request, users can view these via LL. After cancellation, the data will be deleted after 60 days unless they need to be stored longer for legal reasons.
Transfer of data to unauthorized third parties will not take place. LL will never ask parties by e-mail or phone for their passwords or other personal information.
Users hereby agree to use all data obtained only to the extent necessary for business purposes, and not to disclose these to any third party without the express consent of the other.
§ 12 Code of conduct
Under the obligations of Art. 246 § 3, No. 5 Introductory Act of the Civil Code of Germany, LL declares that it is not subject to specific codes of conduct.
§ 13 Changes to these Terms and Conditions
LL reserves the right to amend these Terms and Conditions to take effect in the future. In this case, the user will receive a notification to their e-mail address specified in their user account at least 6 weeks prior to the date on which the changes are to be effective, in which they are notified of the changes and the fact that use subsequent to the date is subject to the amended terms. The next time a user logs in after the date of effect of the changes, the user must confirm consent. Otherwise, use cannot be resumed. LL is entitled to immediate termination due to failure to consent.
§ 14 Final Provisions
The validity of the provisions will not be affected by any invalidity of individual provisions of these General Terms and Conditions.
Contracts enacted with LL are subject in all cases including foreign engagements to German law, to the exclusion of international private law and the UN Sales Convention.
The place of jurisdiction is, if both parties are merchants, the respective headquarters of LL at the time of conclusion of the contract.