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Terms and Conditions

Welcome to Audited.AI!
 

General Terms and Conditions AuditedAI

Our GTC are considered agreed upon when using the services of AuditedAI. In particular, they contain your rights and obligations as our client and user of our platforms as well as the most important data protection provisions.

 

Preamble AuditedAI

AuditedAI helps you detect fraud quickly and reliably using smart AI technology.

 

Audited AI: Accounting Fraud Detection.

 

§ 1 Scope

(1) These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all

Contracts for the provision of services, in particular the AuditedAI platform

between

 

Dr. Franco Arda - AuditedAI

Völkinger way 38

60529 Frankfurt aM

(hereinafter referred to as "user", "we", or "us")

 

and you

(hereinafter referred to as "Partner", "Your" or "You").

(2) GTC are directed to companies / entrepreneurs (§ 14 BGB) - ("Partner"), but not to consumers (§ 13 BGB) or end consumers in the sense of PAngV. Our range of services is aimed exclusively at entrepreneurs. Contracts are concluded exclusively with entrepreneurs. Contracts are not concluded with consumers.

(3) You are a "consumer" if you are a natural person who enters into a contract with us for purposes that are predominantly neither commercial nor your independent, freelance, public or non-profit professional activity.

(4) "Entrepreneur", you are if you are a natural person or enter into a contract for a legal entity or a partnership with legal capacity, which, when entering into the contract with us, acts in the exercise of its commercial, freelance, independent, public or non-profit professional activity.

(5) These GTC apply to all of our platforms. "Platforms" are all our sales and operations channels and services. In particular, they are our websites or apps and our profiles on websites or apps of our partners.

(6) The version of the GTC valid at the time of conclusion of the contract shall apply. Deviating GTC shall not be accepted. This shall also apply if we have not expressly objected to their inclusion. Something else may apply insofar as something else is stipulated in these GTC in individual cases. Insofar as legal texts or documents exist that have been translated into a language other than German, the German legal texts or documents shall be legally binding and thus applicable - the translated legal texts or documents shall serve solely for better understanding.

(7) All agreements made between you and us in connection with a service result in particular from an order or commission as well as the associated attachments, our confirmation, our acceptance as well as, insofar as not regulated therein, from these GTC. These GTC shall also apply to subsequent orders or commissions placed by you during or after the expiry of the contract term, unless other GTC have been included at that time.

(8) These GTC shall also apply to other contracts concluded between you and us, insofar as there are no special GTC relating to the other type of contract and clauses of these GTC may apply in terms of content.

 

§ 2 Scope of services

(1) We provide services in the field of artificial intelligence-based detection of accounting and financial statement records with regard to accounting irregularities and fraud.

(2) You will receive access to software, online databases, functions, operating systems, documentation and all other components of our software ("Services") in order to use our services. You can use the Services through our platforms - in particular, through our mobile apps for iOS, Android and all other mobile devices and websites. Our Services are offered in the countries visible on our platforms.

(3) The scope of our performance shall be determined on a case-by-case basis:

  • Your order or purchase order, regardless of which of our platforms you submit it via, in particular in the case of an online order (for example, the service description as part of the order or purchase order process, on the website or app) or in text form (for example, the order or purchase order documents including attachments, regardless of whether in paper form or electronically via e-mail)

 

Subsequent requests for changes deviating from the order or the purchase order require a separate agreement and commissioning or purchase order and shall be remunerated separately.

 

 

§ 3 Remuneration and implementation

(1) We shall receive remuneration for our services in accordance with:

  • your order or the order according to the paragraph about the scope of services

(2) We undertake to perform the contractually owed services carefully and conscientiously. We are not obliged to bring about the success of a service. In particular, only a classification of the probability of an irregularity in the balance sheet or accounting is given, which can be used as a basis for further research; in particular, no determination of the facts of fraud is made.

(3) We shall be entitled to engage third parties, in particular as subcontractors, for the performance of the service.

(4) In the contractual performance of our services, we do not provide legal advice or legal opinions. Therefore, we do not assume any liability for the legal correctness of an analysis.

 

 

§ 4 Conclusion of contract

(1) When we present our services on our platforms as well as on the platforms of third parties (in particular the Android and Apple app stores), we do not make a binding offer to conclude a contract. The presentation is merely a non-binding presentation. A contract is concluded exclusively with companies / entrepreneurs (§ 14 BGB), but not with consumers (§ 13 BGB) or end consumers in the sense of the PAngV.

(2) Our offers and cost estimates are subject to change. Errors in cost estimates and quotations may be corrected before acceptance of the order.

(3) You can place a legally binding order or commission in any way that our platforms offer. In particular, you can submit them as follows: 

  • By clicking an order or commission button/button on our platforms, in particular on our websites and apps as well as our profiles on third-party websites and apps

  • By sending us completed order documents via any common communication channel such as email, mail, fax or our social media profiles

  • By handing over completed order documents to us - for example on our premises, when concluding a contract on your premises, at trade fairs or information or promotional events, or on any other occasion

 

(4) By placing an order, you also give your binding consent to these T&Cs and to data processing in accordance with our privacy policy. If you download the app from third-party platforms (for example, Apple App Store, Google Play or Amazon Appstore), the contractual terms T&Cs and data protection provisions of the respective third-party provider shall apply insofar as there are overlaps in content - in particular with regard to the payment terms, the right of revocation, the user account and login provisions, the data protection provisions, the End User License Agreement for Licensed Applications (EULA) or the availability of the services.

 

(5) You shall be bound by the commission or order for a period of 2 weeks after submission of the commission or order.

 

(6) We shall be entitled to confirm receipt of the submitted order or order

- by e-mail to the e-mail address you have provided or

- with confirmation letter by letter or by handover

confirm. The confirmation does not constitute a binding acceptance of the order or the order, unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.

 

(7) As a rule, we confirm the order or commission ourselves. However, a third party may also issue a confirmation on our behalf if you have ordered or commissioned our service on third-party platforms - in particular a website or app of a third party - on which we maintain a profile.

 

(8) A contract between you and us shall only come into existence when we have

  • expressly accept the order or your order,

  • begin with the provision of services,

  • issue an invoice,

  • provide the service - in whole or in part - or

  • You create an account on our platforms - whether by signing up, taking your information from a third-party provider, or in some other way.

The acceptance can be made simultaneously with the confirmation.

 

(9) If, after execution of the order confirmation, declaration of acceptance or invoice, we become aware of a significant deterioration in your financial circumstances or of unfavorable information about your economic behavior and/or payment method and/or about other circumstances that indicate that our payment claim may be at risk due to a lack of ability to pay, we shall have the right to refuse performance until payment has been made in full or you have provided sufficient security. If the payment is not effected in due time or if no security is provided, we shall have an immediate right of rescission. Our further claims and rights shall remain unaffected.

 

(10) If there are several contractual partners or if the contractual partner is a partnership, they or the partners of the partnership shall be liable for our claim as joint and several debtors.  We shall be entitled to rely on the instructions and information of a single contractual partner or partner of a partnership in the performance of the contract, in particular without consulting the other contractual partners or partners of a partnership, unless another party objects in writing. An objection entitles us to terminate the contract on the basis and with the consequences of a lack of cooperation.

 

§ 5 Registration, account

(1) If services on our platforms can also be used without an account, you already make an offer to conclude a contract for the duration of the use of a platform in accordance with these GTC by using our platforms, which we accept by providing the service. In this case, by using our platforms, you make an offer to conclude a contract for the duration of the use of a platform in accordance with these GTC, which we accept by providing the service.

 

(2) If one of our services requires the creation of an account on our platforms, you will receive it by registering.

 

(3) The provision of the data requested during registration is mandatory. You assure their completeness and correctness. You can register by entering your data on our platforms.

 

(4) The following requirements exist for registration:

 

  • Companies as natural persons Consumers are natural persons over 18 years of age with unlimited legal capacity

  • Entrepreneurs as partnerships or corporations as well as any other entities, associations or communities have legal capacity and have a representative authorized to represent them. The indication of a post office box is not sufficient.

 

(5) There is no entitlement to registration. We are entitled to reject a registration. With the conclusion of the registration, a contractual relationship arises between you and us.

 

(6) Upon registration, you will receive an account that contains all necessary data for use. You may only use the account yourself; in particular, you may not allow third parties to use the account or transfer the account to third parties (account sharing). The password may be changed at any time. Multiple accounts of one person are not permitted. The account exists until the effect of termination. If you download the app from third-party platforms (for example, Apple App Store, Google Play or Amazon Appstore), the contractual terms T&Cs and data protection provisions of the respective third-party provider shall apply insofar as there are overlaps in content - in particular with regard to the payment terms, the right of revocation, the user account and login provisions, the data protection provisions, the End User License Agreement for Licensed Applications (EULA) or the availability of the services.

 

(7) You are responsible for the content and quality of all information. You assure that they are correct and complete.

 

(8) You must not jeopardize the safe operation of our platforms. You must refrain from doing anything that could inconvenience other users of the platforms or that goes beyond the intended use of our platforms. In particular, you are obliged to refrain from the following:

 

  • Upload or send files that contain a virus or other malware or make other interventions that could impair the functionality or accessibility of the platforms or modify or delete content,

  • Upload or send any form of advertising, especially email advertisements, SMS advertisements, chain letters or other harassing content,

  • Subject the platforms to excessive load or in any other way disrupt or jeopardize their functioning,

  • Use crawlers, spiders, scrapers or other automated mechanisms to access the Platforms and collect Content without written consent.

  • Collect or use information such as email addresses or phone numbers of other users without prior consent,

  • reproduce, make publicly available, distribute, edit or use in any way beyond the intended use any content of the platforms or third parties without prior consent by us or the third parties.

 

(9) We are entitled to take any action with regard to your account without giving reasons. In particular, we are entitled to request a statement from you, to temporarily block the account, to issue a warning or to permanently block or delete the account. In addition, we expressly reserve the right to assert civil and criminal claims. The sanctions do not affect the obligation to pay for service relationships that have already been established, in particular if the service has already been (partially) provided.

 

(10) If the app was downloaded from third-party platforms, the contractual terms and conditions GTC and data protection provisions of the respective third-party provider may apply with regard to registration and account, insofar as there are overlaps in content.

 

§ 6 Prices, Payment, Default, Terms of Payment, Set-Off, Right of Retention

(1) The prices stated by us are - unless otherwise presented or agreed in individual cases - net prices excluding VAT.

(2) Our remuneration shall become due - unless otherwise agreed between you and us - after the conclusion of the contract and before the respective performance of services. It shall be paid at the latest within 2 weeks after dispatch of our invoice (invoice date). If payment is not made, you will be in default of payment. In the event of default in payment, we shall be entitled to claim default interest and further damages in accordance with the statutory provisions. The interest on arrears vis-à-vis consumers shall be 5 percentage points above the base interest rate pursuant to § 288 BGB for the year; vis-à-vis entrepreneurs, the interest on arrears shall be 9 percentage points above the base interest rate pursuant to § 288 BGB for the year.

(3) We enable you to use various payment services and options. You can use any payment method provided by us for payment, in particular

  • to an account specified by us,

  • give us a direct debit authorization or SEPA direct debit mandate,

  • pay us by EC/Maestro or credit card,

  • Pay us through a third-party platform (for example, Apple App Store, Google Play, or Amazon Appstore),

  • or pay us via a payment service provider specified by us (for example PayPal),

in each case, provided that we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequently.

(4) You make use of the payment service of a payment service provider by clicking on the button of the payment service provider during the ordering process of services. You will be taken to the corresponding page of the respective payment service provider. You make use of the payment service of a third platform such as Apple App Store, Google Play or Amazon Appstore by downloading our app through it. With regard to the payment, we only provide access to the page of the respective payment service provider or platform, but do not become a party to the contract. In most cases, in order to use payment services of a payment service provider or the platform, it is necessary to enter into a contractual relationship with the respective payment service provider. The respective contractual terms, GTC and data protection provisions apply.

(5) In the case of a direct debit authorization, a SEPA direct debit mandate or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest on the due date. A granted direct debit authorization is also valid for further orders until revoked.

(6) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed, as well as if you assert notices of defects or counterclaims from the same contractual relationship.

(7) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and is legally established or undisputed.

(8) In the event that one of our claims from one or more contracts is not paid on time, we are entitled to commission a collection agency (e.g. Creditreform) with the further collection of the due claim. By signing the contract, you agree that we transmit the data and information required to collect the debt to the collection agency (e.g. Creditreform) and that the collection agency (e.g. Creditreform) is entitled to store and process the data. In particular, name and address, contract date, as well as invoice number, invoice amount and due date will be transmitted.

(9) If the app was downloaded from third-party platforms, the contractual terms and conditions GTC and data protection provisions of the respective third-party provider may apply insofar as there are overlaps in content.

 

 

 

§ 7 Term and termination

(1) Unless otherwise agreed electronically or in writing, the term of the Agreement shall commence upon dispatch of the User's order confirmation to the Partner.

(2) Unless otherwise agreed electronically or in writing, the concluded contract shall run for an indefinite period.

(3) In the event of a minimum contract term, the contract shall be renewed continuously after the minimum contract term

  • for a minimum contract period between 13 by 24 months by 12 months

  • for a minimum contract period of up to 12 months by the respective agreed contract period

unless it is terminated in advance by one of the parties with one month's notice to the end of the respective term.

(4) If we terminate the contract for good cause, you shall be obligated to reimburse us for the costs and remuneration that have demonstrably been incurred up to the time of termination. The services rendered by us up to that point shall be settled on a pro rata basis, insofar as this is possible, otherwise a full settlement shall be made.

(5) The cancellation can be made by in the account or by e-mail.

 

§ 8 Granting of rights

(1) All rights to all activity results (in particular the analyses prepared by us) as well as all patent and utility model rights, design rights, copyrights, trademark rights, database rights, rights to know-how as well as any other industrial property rights (hereinafter "property rights") existing in the activity results, arising from their use and/or embodied in them, including all conceivable legal positions in ideas, drafts and designs, at the time of their creation shall remain with us in full and without restriction. We also remain the owner of all rights to the results of our activities and all property rights. In particular, no transfer to you will take place.

(2) Only in the case of a written agreement and after full payment of our fee do we acquire the right to use the activity results (including duplication), but exclusively within the framework agreed in the respective contract, for example, for a specific purpose of use or a specific factual, temporal and/or subject area. We shall receive a usage fee for the use of the activity results. Even in the case of such a written agreement, a written agreement is required for any further use of the activity results, which in particular goes beyond the originally agreed purpose and scope of use.

 

 

§ 9 Secrecy obligation

(1) The contracting parties undertake to treat as confidential all information made available to them within the framework of the contractual relationship, as well as information obtained on the occasion of the cooperation, concerning matters of the other party which are marked as confidential; which are designated as confidential in the case of oral transmission; or which are recognizable as confidential from the point of view of an objective observer; as well as business and trade secrets, in particular, but not exclusively, information, data, ideas, concepts and business models. The User and the Partner are prohibited from exploiting, making available to third parties, or otherwise using confidential information for any purpose other than that intended for the commissioned performance of the task without the written consent of the other party.

(2) Both parties undertake to impose the duty of confidentiality on all employees and/or third parties (freelancers, etc.) who have access to the aforementioned business transactions, if they do not have a duty of confidentiality by virtue of their professional obligation (e.g. lawyers, doctors).

(3) The duty of confidentiality does not apply to information,

 

(a) which were already known to the other party at the time of commissioning,

(b) which, at the time of disclosure by the disclosing party, had already been published without this resulting from a breach of confidentiality by the other party,

(c) which the respective other party has expressly released for disclosure in writing,

(d) which the other Party has lawfully obtained from other sources without any restriction on confidentiality, provided that the disclosure and use of such confidential information does not violate any contractual agreements, statutory provisions or official orders,

(e) which the other Party has developed itself without access to the Partner's Confidential Information,

(f) which must be disclosed due to statutory obligations to provide information, notification and/or publication or official orders. To the extent permissible, the party obligated to do so shall inform the respective other party thereof as early as possible and support it to the best of its ability in taking action against the obligation to disclose.

(4) The obligation to maintain confidentiality shall continue for a period of five years after termination of the contractual relationship. With regard to prescription information, the obligation to maintain confidentiality shall apply without restriction even after termination of the contractual relationship.

(5) The contracting parties agree and are informed that all order data relating to him will be stored within the scope of the party's electronic data processing for the purpose of fulfilling the respective contract.

 

 

§ 10 Duty to cooperate

(1) You will assist us in the performance of our contractual services by reasonable acts of cooperation. You will, for example, provide us with the necessary information, data, circumstances, conditions; provide documents, materials, items or access for the performance of the service; give us instructions and releases without delay and name us a competent contact person who will not be replaced. In particular, you remain obligated to pay the fee if, after an assignment, no accounting transactions are submitted to us or if they are submitted inadequately (i.e. not in the format requested by us).

(2) Insofar as you are not entitled to notify, provide or make available in accordance with Paragraph 1, for example because of violations of competition law, data protection law, trademark law or any violations of the rights of third parties or official regulations, you shall also be deemed to have failed to cooperate. You assure your authorization for the corresponding actions. A corresponding check by us will not take place. You shall indemnify us on first demand against any claims by third parties who take action against us due to your lack of authorization and shall compensate us for any damage incurred due to the claim by the third party, including any court costs and lawyers' fees incurred for the legal defense. In all other respects, the statutory provisions shall apply.

 

(3) Missing, incomplete, damaging or infringing cooperation - for example by providing incomplete or incorrect information, data, materials or documents or by providing information, data, materials or documents that are not suitable for lawful use - shall entitle us to terminate the contract, in the case of a contract with an entrepreneur also without affecting the agreed remuneration.

 

(4) If we incur damage as a result of faulty cooperation, we shall be entitled to compensation. In this case, you shall also indemnify us against all third-party claims asserted by third parties in connection with acts of cooperation performed by you incorrectly, at least due to gross negligence.

 

 

§ 11 Performance period and force majeure

(1) Unless agreed in individual cases, we shall not be bound by deadlines and dates for the performance of the service. Performance dates must be in writing.

(2) Insofar as we are prevented from rendering performance due to the occurrence of unforeseeable, extraordinary events for which we are not responsible and which we were unable to avert despite exercising reasonable care in accordance with the circumstances of the individual case - irrespective of whether at the user's or the partner's premises (e.g. operational disruptions, delays in the delivery of essential raw and auxiliary materials or of subcontractors, official interventions, labor disputes, lockouts, operational disruptions of any kind in our and in third-party companies and similar events which are beyond our control), we shall be entitled to terminate the contract. (e.g. operational disruptions in the supply of essential raw materials and auxiliary materials or in the performance of the contract by subcontractors, official interventions, industrial disputes, lockouts, operational disruptions of any kind in our company or in third-party companies, shortage of goods or similar, which are beyond our control and for which we are not responsible), the agreed performance period shall be extended to such an extent that the reasonable fulfillment of the performance obligation is possible. If performance becomes impossible, we shall be released from the obligation to perform without you being entitled to withdraw from the contract or claim damages. If corresponding obstacles occur on your side, the same legal consequences shall also apply to your acceptance obligation. The contracting parties shall notify each other of any such impediments without delay.

 

§ 12 Communication

(1) To ensure quick and easy communication with each other, communication is generally via e-mail. You consent to information being sent to you by e-mail, your account on our platforms, by post or by other means.

(2) Shipping and communication are at your risk. We are not responsible or liable for disruptions in the line networks of the Internet, for server and software problems of third parties or problems of a postal or delivery service provider.

 

§ 13 Technical availability, data, functionality and content

(1) The Platforms are accessible 24 hours a day, 7 days a week, except in case of force majeure or an event beyond our control and subject to outages and maintenance required for operation. We work diligently to ensure the highest possible availability. Availability depends, among other things, on your technical equipment. Interruptions in availability may occur due to necessary maintenance and security work or unforeseen events beyond our control.

 

(2) We are not liable for your loss of data or any damage resulting therefrom, insofar as the damage would not have occurred if you had regularly and completely backed up the data.

 

(3) We may change any functionality, appearance, structure or content of our Platforms without obtaining your consent.

 

(4) We are entitled to block or change all content - including user-generated content.

 

§ 14 Granting of rights

(1) You undertake not to distribute any texts, images, video, audio files and/or other content ("Files") via the Platforms that violate applicable law, morality and/or these GTC. In particular, you undertake to respect the rights of third parties, such as copyrights, trademark rights, patent and utility model rights, design rights, database rights and any other industrial property rights (hereinafter "property rights").

 

(2) You hereby grant us a comprehensive, exclusive, spatially and temporally unlimited right of use, unrestricted for all types of use, to the files required for the performance of the service that you publish via our platforms or upload to our platform or to the user account for the performance of the service or forward to us in any other way.

 

(3) The granting of rights includes, in particular, the right to use the files for one's own purposes for the performance of one's own services as well as for one's own advertising purposes worldwide and for an unlimited period of time.

 

(4) Insofar as we create files for the user or provider, all copyrights and user rights remain with us.

 

(5) If the app was downloaded from third-party platforms, the contractual terms and conditions GTC and data protection provisions of the respective third-party provider may apply insofar as there are overlaps in content.

 

 

§ 15 Our rights to our platforms

(1) You agree that the Platforms and all related applications are database works and databases within the meaning of §§ 4 para. 2, 87a para. 1 UrhG (German Copyright Act), of which we are the legal owners. All related applications are subject to protection under §§ 69a ff. UrhG. They are protected by copyright.
 

(2) We shall also be exclusively entitled to the rights to all other elements of our platforms, in particular the rights of use and ancillary copyrights to the content and documents posted by us or acquired by granting rights. In particular, trademarks, other marks, company logos, protective notes, copyright notices or other features serving to identify individual elements of our platforms may not be removed or changed. This also applies to printouts.

 

 

§ 16 Change of services

We reserve the right to discontinue, change or restrict access to software, online databases, functions, operating systems, documentation and all other components of our software as well as their functionality - to the extent legally permissible even without prior notice - in whole or in part, at any time, temporarily or permanently. In particular, we reserve the right to change or deactivate features of our services (e.g. design, layout, categories, structure or availability), to convert free components into paid components, to discontinue support for certain functions or to suspend compatibility (e.g. with certain types of devices or operating systems).

 

 

§ 17 End User License Agreement (EULA)

(1) We grant you a personal, non-exclusive, revocable, non-transferable and worldwide right to use the platforms - in particular any software functions on the website or apps -, their content, services, other functions and all updates. This is granted exclusively for your own use and in the context of the use of the platforms and their services and to the exclusion of any other purposes.

 

(2) Our digital products (especially apps, software) are licensed to you and not sold to you.

 

(3) The license does not give them any right to use the content. In particular, it is prohibited:

  • Adapt, modify, translate, edit, reverse engineer, disassemble, transcode or reverse engineer the Platforms, their content, services, other features or updates;

  • Export the Platforms, their content, services, other features or updates, or combine them in whole or in part with other software programs, or reproduce them in whole or in part, by any means and in any form, permanently or temporarily;

  • Extract or reuse contents of the databases that originated from the platforms;

  • Create works derived from the licensed platform;

  • Use processes or software designed to copy the Platforms, their content, services, other features or updates without our consent;

  • Set up systems capable of hacking the platforms.

  • to offer or provide our services to third parties without our consent.

(4) In the event of a violation of the prohibition, there shall be criminal liability and liability for damages.

(5) If the app was downloaded from third-party platforms, the contractual terms and conditions GTC and data protection provisions of the respective third-party provider may apply insofar as there are overlaps in content.

 

§ 18 Data protection and data security

(1) We collect personal data from you and, if applicable, other data provided by you or obtained by us in the course of fulfilling the contract for the purpose of executing the contract and fulfilling contractual and pre-contractual obligations. The data collection and data processing is necessary for the performance of the contract and is based on Article 6 para.1 b) DSGVO. We process it in accordance with the obligations of the DSGVO. According to § 5 para. 1 DSGVO, personal data must essentially:

(a) processed in a lawful and fair manner and in a way that is comprehensible to the data subject ("lawfulness, fairness, transparency");

(b) collected for specified, explicit and legitimate purposes and shall not be further processed in a way incompatible with those purposes ("purpose limitation");

(c) adequate and relevant to the purpose and limited to what is necessary for the purposes of the processing ("data minimization");

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data which are inaccurate having regard to the purposes of their processing are erased or rectified without delay ("accuracy");

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed ("storage limitation");

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage by appropriate technical and organizational measures ("integrity and confidentiality").

(2) As a matter of principle, data will not be transferred to third parties if there is no corresponding obligation or if the execution of the contract or compliance with a legal deadline makes a transfer of data necessary, for example if the transfer of data is necessary in order for a third party provider to carry out a query for you that is necessary for the execution of the contract, your data is forwarded to a payment provider or freelancers are used in order to contribute to the fulfillment of a service obligation towards you. In these cases, the service providers will often have a contractual relationship with you, so they act on their own responsibility.

(3) As soon as data is no longer required for the purpose of its processing and if there is no further legal obligation to retain it, it will be deleted by us. We retain your data during the initiation and execution of our contractual relationship. It may also be necessary to retain data after termination of our contractual relationship. For example, invoice data (billing documents) must be stored for 10 years in accordance with § 147 of the German Fiscal Code (Abgabenordnung). As long as a service provider performing services for us also has a contract with us for the performance of your service, we remain obligated to retain the data in accordance with the agreed retention periods.

(4) You have the right to information, data transfer, deletion, correction, restriction or blocking of your personal data. In particular, you have a right to free information about all personal data.

Your request may be made to us. In addition, you may seek appropriate administrative or judicial remedies or seek redress from a supervisory authority.

(5) If the app was downloaded from third-party platforms, the contractual terms and conditions GTC and data protection provisions of the respective third-party provider may apply insofar as there are overlaps in content

 

§ 19 Liability and indemnification

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, you shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which you as a contractual partner may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.

(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the foregoing and all other limitations of liability, warranties or responsibilities and exclusions of liability, warranties or responsibilities set forth in these GTC and between us.

(4) You shall indemnify us upon first request against any claims of third parties asserted against us and/or our vicarious agents due to possible culpable violations by the Partner against its obligations - in particular from these GTC. You shall reimburse us for any damage incurred due to the claim by the third party, including any court costs and lawyers' fees incurred for the legal defense. In all other respects, the statutory provisions shall apply.

 

§ 20 Place of Performance, Applicable Law, Contract Language and Place of Jurisdiction

(1) The place of performance for all services under the contract is agreed to be 60529 Frankfurt am Main.

(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. If both you and we are merchants at the time of conclusion of the contract and if you have your registered office in Germany at the time of conclusion of the contract, the exclusive place of jurisdiction shall be our registered office in 60529 Frankfurt am Main. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

(3) Unless otherwise agreed in writing, the contractual language shall be German. Any translated legal texts or documents are solely for the purpose of better understanding. In particular with regard to a contractual agreement as well as these GTC, the data protection provisions or any other legal texts or documents, the German versions shall be legally binding; this shall apply in particular in the event of deviations or differences in interpretation between such legal texts or documents.

 

§ 21 Final provisions

(1) Amendments and supplements to these GTC shall be made in writing; we reserve the right to do so. Changes require that you are not unreasonably disadvantaged, no breach of good faith occurs and the change is not contradicted. In the event of a change, notification shall be given via one of the communication channels - in particular by e-mail - 2 months before it takes effect. The amendment shall become effective if it is not objected to within this period - thereafter the amended GTC shall become valid.

(2) We reserve the right to assign this contract to another company. It shall become valid 1 month after sending a notice of assignment to you via one of our communication channels - in particular by e-mail. In the event of an assignment, you shall have a right of termination, which shall apply 1 month after receipt of the notification of assignment. All rights granted to us shall at the same time be deemed granted to our legal successors.

(3) In the event that individual provisions of these GTC are invalid, the legal validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the intended economic purpose.

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