General Terms and Conditions for Interface Use (GTC)
§ 1 Operator and scope
The website available at merchone.com and the related merchOne interface are operated by Picanova GmbH, Eupener Straße 67, 50933 Cologne, Germany.
These Terms of Use apply to access to and use of the merchOne website, user accounts, preliminary interface access, API documentation, testing environments and sandbox use, unless a separate agreement applies.
For production orders, order fulfilment, API-print services, pricing, payment, support, data processing and related commercial terms, the applicable Terms and Conditions for PICANOVA API-Print Services, including the related API Agreement Exhibits, shall apply. In case of conflict, those API-print services terms or any individually agreed contract shall prevail.
These Terms of Use do not amend, limit, replace or override the Terms and Conditions for PICANOVA API-Print Services, any API Agreement Exhibit, or any individually agreed contract between PICANOVA and the relevant client.
§ 2 Access and registration
Access to certain areas of the merchOne website, API documentation, test environments or interface functions may require registration and approval by PICANOVA.
The user must provide accurate and complete registration information and keep account details up to date. The user is responsible for maintaining the confidentiality of login credentials and for all activities carried out through its account.
PICANOVA may refuse, suspend or revoke access where required for technical, security, legal or contractual reasons.
§ 3 API testing and sandbox use
PICANOVA may provide access to the merchOne API, technical documentation or a sandbox environment for testing and implementation purposes.
Unless otherwise agreed, sandbox or implementation access is provided for testing only. Test orders are not intended for production fulfilment. Production orders may only be submitted once the relevant API-print services agreement or other applicable contract is in place.
PICANOVA may modify interface specifications, documentation, technical requirements or access methods where reasonably necessary for technical, security, operational or legal reasons.
§ 4 Permitted use
The user may use the merchOne website, API documentation, interface and test environment only for lawful business purposes and in accordance with these Terms of Use, applicable documentation and applicable law.
The user must not misuse the website, interface or systems, attempt unauthorized access, interfere with system security or availability, reverse engineer protected technology, copy documentation except as required for implementation, or make access credentials available to unauthorized third parties.
§ 5 Prohibited content
The user must not use the merchOne website, interface or API in connection with content that is illegal, infringing, obscene, defamatory, discriminatory, hateful, threatening, abusive, contrary to human dignity, or otherwise unlawful.
PICANOVA may suspend or block access if it reasonably believes that the website, interface or API is being used in breach of this clause or in a manner creating legal, security or reputational risk.
§ 6 Intellectual property
All rights in the merchOne website, PICANOVA API, technical documentation, software, interfaces, systems, trade names, trademarks, content and related materials remain with PICANOVA or its licensors.
No rights are granted except the limited, revocable, non-exclusive and non-transferable right to use the website, documentation and interface to the extent necessary for the permitted purpose.
§ 7 Confidentiality
Technical documentation, interface specifications, API credentials, business information, pricing information, system information and other non-public information made available by PICANOVA must be treated as confidential.
The user may use such information only for the permitted purpose and must not disclose it to third parties except to employees, contractors or advisers who need access for that purpose and are subject to appropriate confidentiality obligations.
§ 8 Availability and changes
PICANOVA may update, modify, suspend or discontinue the website, API documentation, test environment or interface access where necessary for technical, operational, security or legal reasons.
PICANOVA does not guarantee uninterrupted or error-free availability of the website, documentation, sandbox environment or interface access.
§ 9 Liability
PICANOVA shall be liable without limitation for intent, gross negligence, injury to life, body or health, and where liability cannot be limited under applicable law.
In cases of simple negligence, PICANOVA shall only be liable for breach of material contractual obligations, limited to the foreseeable and typical damage. Any further liability is excluded to the extent permitted by law.
§ 10 Third-party rights and indemnity
The user is responsible for any software, systems, content, data or materials it uses in connection with the merchOne website or interface.
The user shall indemnify PICANOVA against third-party claims arising from the user’s unlawful use of the website, interface, API, content, software or systems, unless PICANOVA is responsible for the claim.
§ 11 Data protection
Information on the processing of personal data is provided in the applicable privacy notices. Where the user submits production orders or personal data in connection with API-print services, the applicable API-print services terms and data processing agreement apply.
§ 12 Governing law and jurisdiction
These Terms of Use are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
If the user is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction is Cologne, Germany.