Terms of use for the APP Hej Green

This is machine translated text. Original German text still prevails.

1Definitions

  • 1.1

    APP - The term "APP" means the entire technical environment used to display the HejGreen App. In these Terms of Use, this includes in particular the use of the frontend displayed to the User through which the User can interact with the App.

  • 1.2

    OPERATOR - The operator of the APP environment is HejGreen & Friends UG, Arnsburger Straße 68, 60385 Frankfurt, Germany.

  • 1.3

    USERS - The free users of the app who can post together on the platform created, share posts and comment on products, services, events and anything that comes from our corporate partners.

  • 1.4

    BUSINESS PARTNERS - The paid business accounts that wish to publish content, post, display events or promote their services on our platform. COMPANY PARTNERS are only companies that meet the "Baseline Characteristics" provided by the OPERATOR.

  • 1.5

    BASELINE CHARACTERISTICS- The BASELINE CHARACTERISTICS are binding conditions specified by the OPERATOR, which each COMPANY PARTNER must fulfil on the platform. These are communicated to the COMPANY PARTNER upon registration and can also be accessed in their currently valid version by all users at https.//hej.green. It is important to note that our COMPANY PARTNERS must comply with the criteria in force at the time of their registration. Should we determine that a COMPANY PARTNER no longer meets the criteria in the longer term, we will generally block the company partner. Compliance with the criteria will only be checked and pursued by us in exceptional cases or in the event of indications. The COMPANY PARTNERS must confirm themselves that they meet the criteria when registering.

  • 1.6

    POST - by the term POST we mean all interactions of the USERS and our COMPANY PARTNERS in our APP, in which content such as product reviews, green services, green events, ratings of individual instructions and product descriptions, the rating of our COMPANY PARTNERS, etc. are posted by the participants. In essence, therefore, it is primarily about the exchange of information, opinions and, in the case of our BUSINESS PARTNERS, of course, also about the promotion of their products and services.

  • 1.7

    PACKAGES - like almost every other platform, we have to finance ourselves. BUSINESS PARTNERS who meet our BASELINE CHARACTERISTICS can book different packages with us, which enable them to receive different services from us. The differences can lie, for example, in the places in the world where the corresponding content is displayed.

  • 1.8

    ADDITIONAL CONTRIBUTIONS - in addition to the general booking of packages, COMPANY PARTNERS have the option to book additional services with regard to the posts, content or other advertisements they create on our platform. As far as a company invests money to achieve better visibility for their products, services and events, we will of course show you this in the app.

  • 1.9

    UPLOADS - by this term we basically mean all files uploaded to our platform by USERS or BUSINESS CUSTOMERS. In particular, this includes photos showing people, products or places. In addition to the files, the texts published by the users are also included in this term.

2General

  • 2.1

    The following terms of use form the legal basis for the use of the APP. With the help of the APP, USERS and BUSINESS CUSTOMERS can advertise, comment on and rate the green products, events and services relevant to them in the form of POSTS. The term "green" is to be understood in such a way that all commercial content is subject to the "BASELINE CHARACTERISTICS" established by the operator.

  • 2.2

    USERS may only be natural persons of full legal capacity within the meaning of § 13 of the German Civil Code (BGB), or persons of at least 16 years of age. Persons under 16 years of age require the express consent of their legal guardian to use the app and may not be younger than 13 years of age. For entrepreneurs within the meaning of § 14 BGB (German Civil Code), only the COMPANY PARTNER accounts that are subject to payment are available, which can, however, only be used if the necessary criteria (cf. item1.5) are met.

  • 2.3

    COMPANY PARTNERS can only be entrepreneurs in the sense of § 14 BGB (German Civil Code), who fulfil the necessary criteria (cf. item1.5). The criteria themselves are displayed to the COMPANY PARTNER during registration. The indication that the criteria are fulfilled is the responsibility of the company itself. It must also confirm this again separately, if necessary, when publishing POSTS. The COMPANY PARTNER is obliged to check the information properly. The OPERATOR reserves the right to manually check registrations of COMPANY PARTNERS in individual cases or in the event of suspicion. If the self-confirmed criteria are not fulfilled, the OPERATOR reserves the right to reject registrations and/or to take measures according to point 15 take measures.

  • 2.4

    The use of the APP is only possible by registered USERS. Guest use is not possible. Commercial use in the free model for USERS is not intended.

  • 2.5

    With regard to USERS who exclusively use the free version of the APP, a relationship of convenience exists with regard to the use of the APP. With regard to the PAKETS and SUPPLEMENTS booked for COMPANY PARTNERS in accordance with clause 5 of these Terms of Use, the contract for the booked PACKAGE or the booked ADDITIONAL CONTENTS shall be concluded exclusively between the respective COMPANY PARTNER and the OPERATOR.

  • 2.6

    The contractual language for the free-of-charge courtesy relationship and the chargeable booking of PAKETES and ADDITIONAL CONTENTS is exclusively German.

  • 2.7

    The OPERATOR is entitled vis-à-vis COMPANY PARTNERS to name the cooperation with the respective COMPANY PARTNER and to present it on its website, in social media and in the APP in a short portrait.

  • 2.8

    The OPERATOR does not recognise any deviating terms of use and/or general terms and conditions of the USER or the COMPANY PARTNER unless the OPERATOR has expressly agreed to them in writing.

3User account and registration - USER & COMPANY PARTNER

  • 3.1

    The use of the APP requires free registration by the USER or paid registration by the COMPANY PARTNER.

  • 3.2

    Registration of the USER: Within the framework of the free registration of the USER, the USER independently assigns a password which can be used for the registration in the future. After creating his user account, the USER receives an SMS with a registration code to confirm his identity. In addition, the USER will receive an e-mail with a registration link. After clicking on this registration link, the USER can log in to the APP with an access code and password. The OPERATOR confirms the corresponding registration by e-mail. The password can be reset with the "Forgotten password" function. From the moment of confirmation of the registration, the USER receives access to the APP and his user account set up there. Alternatively, the USER can register via a social login or link this to the APP. If registration takes place via a social login, the conditions and options of the respective social media platform apply.

  • 3.3

    Registration of the COMPANY PARTNER

Within the scope of the registration of the COMPANY PARTNER, which is subject to a fee, the COMPANY PARTNER independently assigns a password which can be used for the login in the future. After creating his user account, the COMPANY PARTNER receives an e-mail with a registration link. After clicking on this registration link, the COMPANY PARTNER can log in to the APP with an access ID and password. The OPERATOR confirms the corresponding registration by e-mail. The password can be reset with the "Forgotten password" function. From the moment of confirmation of the registration, the COMPANY PARTNER receives access to the APP and his user account set up there.

  • 3.4

    The OPERATOR will make security-relevant updates of the APP available to all USERS and COMPANY PARTNERS. The USERS or COMPANY PARTNERS are not entitled to free functional enhancements.

  • 3.5

    The OPERATOR shall only make changes to existing functions that go beyond the installation of security updates and the maintenance of functions free of charge if there is a valid reason for doing so, and shall inform the USER or COMPANY PARTNER in advance of the features and the time of the changes.

  • 3.6

    The user relationship with regard to the APP is established when the USER logs into the APP for the first time. Any further contractual relationships between the BUSINESS CLIENT and the OPERATOR shall come into existence with regard to the booking of PACKAGES and ADDITIONAL SERVICES.

  • 3.7

    The contractual language is exclusively German

4Use of the APP - User relationship - Free use

  • 4.1

    The user relationship with regard to the APP in the case of free use comes into effect either through completion of the online registration process or first-time use of the APP, depending on which event occurs first.

  • 4.2

    Due to the free-of-charge character and the associated relationship of convenience, the USER shall not have any claims against the OPERATOR for the operation of the APP or support by the OPERATOR. The USER shall comply with these Terms of Use during the use of the platform as well as within the scope of the registration and the use of the login area. The provisions in section 10 on the liability of the OPERATOR shall remain unaffected.

  • 4.3

    Due to maintenance work, further development or malfunctions of the APP, the USER's usage options may be temporarily restricted or temporarily interrupted. This may also lead to data loss under certain circumstances. The OPERATOR is not obliged to back up the data of the USERS that they enter in the APP.

  • 4.4

    In the case of registered USERS, it is incumbent upon them to regularly check the e-mail address communicated to the OPERATOR and also to ensure, when using SPAM filters, that the messages sent by the OPERATOR can be taken note of.

5Use of the APP - Booking of packages by COMPANY PARTNERS

  • 5.1

    A chargeable use of the APP is only possible with a COMPANY PARTNER account. The COMPANY PARTNER can select his desired package during the initial registration and then make a binding booking by clicking on "book with obligation to pay". The scope of the package and the agreed quality are specified in the package description.

  • 5.2

    Digital add-ons (digital content and digital services) are activated within 24 hours and are available to the COMPANY PARTNER for the period specified in the booking.

  • 5.3

    The prices of the packages are listed directly with them. The prices stated for the respective packages are net prices. There are no shipping costs.

  • 5.4

    The presentation of the packages is merely a non-binding invitation to the COMPANY PARTNER to make a booking. By placing an order, the COMPANY PARTNER makes a non-binding offer to conclude a contract for the packages listed in the summary. The OPERATOR will accept or reject the contract by separate declaration after examination. The provision of payment information by the OPERATOR is equivalent to a separate declaration.

  • 5.5

    Insofar as a settlement is made for individual clicked links, the trigger for the costs is the external opening of the link by the USER registered by the app. If the COMPANY PARTNER provides the OPERATOR with valid reasons why the contractually agreed flat rate should not apply (e.g. if the function is used to damage the company), the OPERATOR will examine the request and make or refuse a refund at its own discretion. Valid reasons can be e.g. technical errors in the recording, misuse of the function, etc.

  • 5.6

    The COMPANY PARTNER can correct input errors, in particular erroneously made entries, by entering the desired quantity and using the available buttons. In the ordering process, the COMPANY PARTNER can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons of the browser.

  • 5.7

    The APP is available 24 hours a day, 7 days a week. The OPERATOR strives for the greatest possible availability of the APP. Due to maintenance work, further development or malfunctions of the APP, the usage options of the COMPANY PARTNERS may be temporarily restricted or temporarily interrupted by the OPERATOR at its reasonable discretion. The OPERATOR promises an availability of 95%.

  • 5.8

    Due to maintenance work, further development or malfunctions of the APP, the usage options of the COMPANY PARTNERS may be temporarily restricted or temporarily interrupted. This may also result in data loss under certain circumstances. The OPERATOR is not obliged to back up the data of the COMPANY PARTNERS that they enter in the APP.

  • 5.9

    It is the responsibility of the COMPANY PARTNER to regularly check the e-mail address provided and, even when using SPAM filters, to ensure that the messages sent by the OPERATOR can be taken note of.

6Additional content & payment methods

  • 6.1

    The fees for additional content depend on the information in the respective offer.

  • 6.2

    Integration of the payment methods takes place via Stripe Connect.

7Storage of these terms of use

  • 7.1

    The text of these Terms of Use shall be stored by the OPERATOR upon registration. A copy of these terms of use will be sent to the USER or COMPANY PARTNER separately by e-mail on request. If no registration takes place, the OPERATOR will not store the terms of use.

  • 7.2

    These terms of use can also be accessed and printed out when installing the app and as part of the registration process.

8UPLOAD function - transfer of necessary rights of use to UPLOADS

  • 8.1

    The USER and the COMPANY PARTNER are exclusively responsible for the UPLOADS uploaded in the App. Insofar as copyrights to UPLOADS exist (e.g. in the case of video, text or image uploads), the USER retains his rights as the author and any other existing property rights to the UPLOADS.

  • 8.2

    If a USER or COMPANY PARTNER provides copyrighted or otherwise legally protected UPLOADS, he/she grants the OPERATOR and the companies or processors belonging to the OPERATOR, free of charge, the necessary, non-exclusive, worldwide and unlimited rights to process and use these UPLOADS for the purpose of displaying the contributions in the APP itself or for the purpose pursued in each case and only to the extent necessary for making them available in the APP.

  • 8.3

    In order for the OPERATOR to be able to offer the functions of the APP and to use the UPLOADS for further use, the UPLOADS must be stored by the OPERATOR. In order to ensure the function of the APP, it may also be necessary for the OPERATOR to edit the UPLOADS provided, in particular to cut or technically adapt them. The OPERATOR's right of use therefore includes in particular the right to technically reproduce the UPLOADS and to technically prepare them for the purpose of further processing. If duplication is necessary with regard to a function used by the user, the USER or COMPANY PARTNER shall also transfer these rights to the OPERATOR.

  • 8.4

    By providing UPLOADS, the USER or COMPANY PARTNER confirms that it holds sufficient rights with respect to all transferred UPLOADS to transfer to the OPERATOR the rights designated in accordance with the preceding provisions and that it is not aware of any conflicting rights of third parties.

  • 8.5

    By providing UPLOADS, the USER or COMPANY PARTNER confirms that it does not transfer any UPLOADS that are protected by copyrights, trade secrets or property rights or proprietary rights of third parties and that a UPLOAD does not contain any undesired or prohibited content as defined by the German Copyright Act.13.3 contains.

  • 8.6

    COMPANY PARTNERS who carry out UPLOADS shall be liable to the OPERATOR for damages incurred by the OPERATOR as a result of UPLOADS, insofar as a UPLOAD intentionally or negligently triggers an infringement of third party rights or the COMPANY PARTNER breaches its obligations arising from the above provisions as a result of the UPLOAD. The COMPANY PARTNER shall have the right to prove that it is not responsible for the occurrence of damage due to an UPLOAD. Insofar as a COMPANY PARTNER is responsible for a UPLOAD causing damage, the COMPANY PARTNER shall indemnify the OPERATOR against claims by third parties in this respect upon first request. The obligation to indemnify shall not apply if the COMPANY PARTNER is not responsible for the infringement.

  • 8.7

    USERS are liable for UPLOADS in accordance with the statutory provisions.

9Regulation of search results

  • 9.1

    The search results within the framework of the APP are basically based on the search parameters specified by the USER, which he/she has entered in the APP and adjusted if necessary.

  • 9.2

    COMPANY CUSTOMERS can better position the created POSTS in the user's display with a "Boost". These are then displayed preferentially to the USERS. The corresponding POSTINGS are already marked accordingly on the overview page.

10Liability of the operator

  • 10.1

    The claims of the USER and the COMPANY PARTNER for damages or reimbursement of futile expenses against the OPERATOR shall be governed by the following provisions without regard to the legal nature of the claim; in particular, the OPERATOR shall not assume any warranty for the completeness as well as for the correctness and up-to-dateness of the data and content provided.

  • 10.2

    The liability of the OPERATOR is excluded - irrespective of the legal grounds - unless the cause of the damage is based on intent and/or gross negligence on the part of the OPERATOR, or the employees, representatives or vicarious agents of the OPERATOR. Insofar as the liability of the OPERATOR is excluded or limited, this shall also apply to the personal liability of employees, representatives or vicarious agents of the OPERATOR.

  • 10.3

    For damages resulting from injury to life, body or health caused by an intentional, grossly negligent or negligent breach of duty by the OPERATOR or a legal representative or vicarious agent of the OPERATOR, the OPERATOR shall be liable - irrespective of the above provisions - in accordance with the statutory regulations.

  • 10.4

    The liability of the OPERATOR under the Product Liability Act (§ 14 ProdHG) remains unaffected.

  • 10.5

    It is the responsibility of the USER and the COMPANY PARTNER to regularly back up all information posted by them on the APP. The OPERATOR shall only be liable for data loss, introduced viruses or unauthorised data access within the scope of the above conditions.

11Term of the usage relationships / Termination of the usage relationships

  • 11.1

    Depending on the type of use, the user relationship begins with the download of the app or the registration or actual use of the app. The event that occurs first is always decisive for the beginning. The usage relationship ends for non-registered users with the uninstallation of the app, for registered users with the deletion of the user account.

  • 11.2

    The term and termination rights in respect of the PACKAGES available to COMPANY PARTNERS shall be governed by the terms and conditions specified with the PACKAGE in each case.

  • 11.3

    The OPERATOR is entitled to terminate the usage relationship if a USER or COMPANY PARTNER, contrary to the provisions of clauses 13 or 14 of these GTC.

12Data security and data protection

  • 12.1

    The OPERATOR shall take all technical and organisational measures necessary to ensure the security of the USER's data on the platform, however, the OPERATOR cannot guarantee the unlimited integrity of the APP. In addition, reference is made to the provision in section 10.5 is referred to.

  • 12.2

    For the use of the APP, reference is made to the privacy policy of the OPERATOR in the APP.

13Obligations of the USER

  • 13.1

    It is the responsibility of the USER to ensure that the POSTS he/she places online, including the images used, comply with all legal requirements and do not infringe any third party rights.

  • 13.2

    The USER shall refrain from posting POSTS that violate legal provisions, these terms of use, the rights of third parties or morality. The OPERATOR reserves the right to make the posting of certain POSTS subject to requirements that go beyond the statutory provisions. Additional requirements will be communicated to the USER accordingly.

  • 13.3 The USER undertakes not to misuse the APP, in particular

    • 13.3.1

      not to interfere with telecommunications networks,

    • 13.3.2

      not to infringe any national or international property rights (e.g. copyrights, trademark rights),

    • 13.3.3

      not to violate criminal law provisions, in particular §§ 184 ff. StGB (distribution of pornographic writings), §§ 86 f. StGB (dissemination of propaganda material of unconstitutional organisations), § 111 StGB (public incitement to commit criminal offences), § 126 StGB (threat of criminal offences), § 129a para. 3 StGB (advertising for a terrorist organisation), § 130 StGB (incitement of the people), § 130 a StGB (incitement to commit criminal offences), § 131 StGB (depiction of violence), § 201a StGB (violation of the most personal sphere of life through image recordings) as well as not to violate regulations for the protection of youth.

    • 13.3.4

      not to engage in any other illegal activities via the APP.

    • 13.3.5

      Provide and/or post untruths or misrepresentations about features of the APP that are unlawful, obscene, defamatory, libellous, threatening, pornographic, paedophilic, revisionist (denying the existence of the Holocaust), harassing, hateful, racist, xenophobic, glorifying violence and/or ethnically offensive and/or contain other unlawful or immoral content and/or that disparage or infringe a trademark and/or other proprietary right of a third party.

  • 13.4

    Activities of the USER that go beyond those within the scope of normal use, in particular such activities that aim to make the use of the APP and/or individual functions more difficult for other USERS or render them functionally unsuitable, are to be refrained from. This includes in particular activities that may impair the physical or logical structure of the APP or individual functions beyond the extent of the intended use and/or may lead to an unusually high load on the App or the servers and/or functions connected to it. If such activities of a USER are aimed at rendering the APP or the functions inoperable or at making their use more difficult, the OPERATOR reserves the right to civil and criminal prosecution.

  • 13.5

    The USER is obliged to inform the OPERATOR immediately by e-mail to info@hej.green of any suspected misuse of the access data to the APP. In this case, the OPERATOR will immediately block the USER's access.

  • 13.6

    Insofar as the user accesses the app by means of his or her user account, the personal password is an important security measure during use. To prevent third parties from accessing your data, exit the app using the logout button unless you wish to close the app completely. The USER is obliged to keep his password, PIN, e-mail address and all other data that enable access to the app secret and to change them immediately or have them changed by the OPERATOR if there is reason to suspect that unauthorised third parties have gained knowledge of such access data

  • 13.7

    The transfer of contents of the app to third parties (even in part) is not permitted without the consent of the OPERATOR. It is prohibited to integrate and/or display the app in whole or in part by means of a hyperlink in a partial window (frame or iFrame). Furthermore, it is prohibited to copy data from the app using technical aids (e.g. crawlers, spiders, etc.) (so-called screen scraping) and to process it further.

  • 13.8

    The USER is prohibited from changing and/or removing copyright notices and/or brand names and/or other information in the contents of the app.

14Duties of the COMPANY CUSTOMERS

  • 14.1

    The provisions of section 13 apply analogously to CORPORATE CUSTOMERS. In addition, the more extensive obligations set out in this Clause shall apply to Corporate Clients.

  • 14.2

    The COMPANY CLIENT is obliged to truthfully and to the best of its knowledge and belief carry out the confirmation stated in the BASELINE CHARACTERISTICS that it fulfils the corresponding requirements. In addition, the SUBSCRIBER is obliged to inform the OPERATOR in the event that individual offers no longer meet the criteria due to a subsequent determination or change in the properties on which the BASELINE CHARACTERISTICS are based. The SUBSCRIBER may either delete the relevant POST itself or discuss further action with the OPERATOR.

  • 14.3

    The COMPANY CUSTOMER is aware that the platform is only intended for products, events and services that are actually within the scope of the criteria and will not engage in "greenwashing" when creating POSTS and advertising its own services. POSTS may only be published if they actually substantially correspond to the values of the BASELINE CHARACTERISTICS.

  • 14.4

    COMPANY CUSTOMERS are prohibited from entering into a paid advertising partnership with USERS. The reviews and POSTINGS of the USERS serve as a moral and social control authority and may not be manipulated.

  • 14.5

    COMPANY CUSTOMERS must not publish deliberately or blatantly false information in their POSTINGS.

  • 14.6

    The COMPANY CUSTOMER shall be responsible for compliance with any statutory provisions when preparing POSTINGS.

15Contract duration, termination, sanctions and blocking

  • 15.1

    The contract term results from the contract concluded between the USER or COMPANY PARTNER and the OPERATOR.

  • 15.2

    The right to temporarily block a USER or COMPANY PARTNER or to terminate without notice in accordance with the following provisions remains unaffected.

  • 15.3

    Insofar as a blocking or restriction takes place, the OPERATOR will communicate the reasons for this to the USER or COMPANY PARTNER on a permanent data carrier. The USER or COMPANY PARTNER may contact the OPERATOR to discuss the reasons for the blocking or restriction. Upon request of the USER or COMPANY PARTNER, the OPERATOR will respond to the comments of the USER or COMPANY PARTNER within 7 working days.

  • 15.4 If there are concrete indications that a USER or COMPANY PARTNER has violated legal regulations and/or third party rights and/or these Terms of Use, the OPERATOR reserves the right to take the following measures, e.g. to protect USERS or COMPANY PARTNERS or third parties from fraudulent activities and/or damage to health:

    • • Delete or lock POSTS;

    • • Warning of the USER or COMPANY PARTNER;

    • • Delaying the publication of POSTS and other content;

    • • Restricting the use of the APP;

    • • Temporary blocking of the user account of a USER or COMPANY PARTNER for up to three calendar months;

    • • Termination without notice for cause;

    • • When choosing a measure, the OPERATOR shall take into account the legitimate interests of the USER or COMPANY PARTNER concerned, in particular whether there are indications that the USER or COMPANY PARTNER is not responsible for the breach.

  • 15.5 The OPERATOR may permanently exclude a USER or COMPANY PARTNER from using the APP (termination without notice) if

    • • the blocking is necessary to protect the interests of the other USERS or COMPANY PARTNERS or third parties;

    • • he deliberately manipulates the search results;

    • • he/she wishes to offer illegal or deliberately unlawful content via the APP or the offering of the pitches serves to enable or conceal criminal offences;

    • • he/she has stored incorrect contact details within his/her user account;

    • • he has transferred his provider account to a third party or granted third parties access to it without having discussed this with the OPERATOR in advance;

    • • it causes significant harm to other USERS or COMPANY PARTNERS;

    • • he/she repeatedly violates these Terms of Use or other agreements with the OPERATOR;

    • • there is another important reason.

  • 15.6

    After a USER or COMPANY PARTNER has been definitively blocked by termination without notice, there is no entitlement to restoration of the blocked user account, unless the reasons that led to the blocking subsequently cease to apply or have proven to be false.

  • 15.7

    As soon as a USER or COMPANY PARTNER has been blocked or the PROVIDER's contract of use has been terminated in accordance with this paragraph, this USER or COMPANY PARTNER may no longer use the APP, even with other user accounts, and may not register again. Suspension or termination shall have no effect on the OPERATOR's fee claims against the USER or COMPANY PARTNER existing at the time of termination, insofar as these stem from the period of suspension. The usage fees shall be waived for the period of a temporary blocking.

16Priority of the German version

  • 16.1

    With regard to the use of the APP, the German language version of these Terms of Use shall always prevail. Insofar as the OPERATOR provides automated translations of the German language version of these Terms of Use, the German language version of these Terms of Use shall always prevail for the legal assessment and interpretation of the corresponding clauses with regard to the use of the APP.

  • 16.2

    This applies in particular if differences or contradictions should arise between the German language version and a translated version of these Terms of Use.

17Amendments to the provisions

  • 17.1

    The OPERATOR is entitled to change these terms of use in the future. In the event of future changes, the OPERATOR will inform the USERS and COMPANY PARTNERS of the forthcoming changes in advance by e-mail at the registered e-mail address.

  • 17.2

    In the event that the USER and COMPANY PARTNER continue to use the APP despite changes to the Terms of Use, they agree to the changes and the OPERATOR will treat their continued use as acceptance of the amended terms.

  • 17.2

    Insofar as the amendment changes an essential component of the contract, compliance with which is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the amendment shall only be made with the express consent of the USER or COMPANY PARTNER. An essential contractual obligation or cardinal obligation in the aforementioned sense is one whose fulfilment makes the proper performance of this contract possible in the first place and on whose compliance the USER or COMPANY PARTNER regularly relies and may rely; this includes in particular agreements on the remuneration to be paid to the OPERATOR and the subsequent change of the criteria for admission to the platform.

18System requirements

Certain minimum system requirements apply to the use of the app, with which they have been tested and for which the app is designed. The use of older or other programmes, operating systems or devices may result in display and functional errors. We recommend the use of a current version of the operating systems used.

19Notice according to Art. 14 ODR Regulation & VSBG for USERS

  • 19.1

    In the event of a dispute, USERS have the possibility to conduct an online conciliation procedure on the EU portal "Your Europe" (https://europa.eu/youreurope/citizens/index_de.htm) with the involvement of a recognised conciliation body. For this purpose, they can use the EU online conciliation platform at the URL: https://ec.europa.eu/consumers/odr/. The online conciliation procedure is not a mandatory prerequisite for recourse to the competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship. Other national provisions on the conduct of conciliation proceedings shall remain unaffected by the above provisions in Clauses 19.1 and 19.1 shall remain unaffected.

  • 19.2

    In principle, USERS have the option of seeking an alternative dispute resolution procedure within the meaning of § 36 VSBG. The alternative dispute resolution procedure is not a compulsory prerequisite for calling the competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship. The OPERATOR does not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.

20Final provisions

  • 20.1

    The OPERATOR is entitled to use vicarious agents for the operation of the APP.

  • 20.2

    The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

  • 20.3

    If the USER is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the place of jurisdiction for all disputes arising from this contract shall be the place of business of the OPERATOR in 60385 Frankfurt.

  • 20.4

    In relation to consumers, the above choice of law shall only be effective to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.