The modification clause permits changes 'at any time' with no notice requirement or opportunity to reject. Continued visiting of the website constitutes acceptance of changed terms. No advance notice, no right to opt out, no mention of version history or archives. This is a critical-risk clause that follows the high-risk 'effective immediately upon posting' pattern condemned by courts.
This document references a separate Privacy Policy (Paragraph 7) but does not include the actual privacy statement. Therefore, assessment is limited to what appears here: references to a privacy statement, acknowledgment that terms and privacy policy form the legal basis, but no actual data practices disclosed. The document is incomplete for privacy scoring. No data collection, retention, sharing, or user controls are detailed in the T&C itself.
German law governs the agreement with exclusive venue at enmacc's registered office in Munich. No arbitration, class waiver, or jury waiver is present, which is favorable. However, the exclusive Munich venue creates access-to-justice barriers for users outside Germany. The document explicitly targets entrepreneurs (B2B), which mitigates concern for consumer harm but still presents a distant forum.
The document provides no due process for account suspension or termination. Registration is permitted but users have no entitlement, and enmacc can block access for false information with no appeal mechanism. No data export, account closure procedures, or notice of termination are addressed. For falsified or fraudulent data, access is blocked and legal consequences may follow, but no opportunity to cure or appeal is provided.
Scope is clearly defined as applying to enmacc websites and registration areas. However, acceptance occurs through browsewrap (visiting the site), not explicit clickthrough or checkbox, which is weaker than best practice. The document explicitly targets entrepreneurs, which somewhat mitigates the browsewrap concern, but no age verification or capacity requirements are stated.
The document clearly reserves all copyright to enmacc in website contents (texts, logos, graphics, interfaces, code, design). Users are limited to private use only; copying, modification, dissemination, or public communication are prohibited. The prohibited use section is detailed and clear, though restrictive. However, the document does not address user-generated content policies, so scoring reflects IP protection over company content only.
The liability disclaimer is extremely broad, excluding almost all liability except for gross negligence, willful intent, injury to persons, or material breach by enmacc. The company disclaims liability for any damages from website use, accessibility, presentation, or third-party links. Consequential damages are explicitly excluded. The 'as is' and 'as available' disclaimers are clearly presented but leave users with minimal recourse.
No indemnification clause is present. Users are not required to defend, indemnify, or hold harmless enmacc. The prohibited use section and registration obligations describe what users cannot do and warn of consequences, but do not shift legal liability to users. This absence is favorable compared to many modern terms.