General Terms and Conditions for the Apps and Internet Portals of endios GmbH
1. Validity of these General Terms and Conditions
1.1 endios GmbH (hereinafter referred to as “endios”) operates applications for cell phones (hereinafter referred to as “apps”) and provides several services, information, services or communities (hereinafter referred to as “services”) on the basis of the following General Terms and Conditions (“GTC”). Within the scope of these services, visitors can in particular search for various information, e.g. news or entries in various web catalogs, and use further services, e.g. information about events or city maps, as well as insert information or have information inserted (hereinafter referred to as “Information”). Some of the information provided is information provided by third parties, in particular by endios customers, and information provided by endios itself. 1.2 Individual services in the endios app may be provided in cooperation with partners. Supplementary or deviating terms and conditions may also apply to these services. 1.3 These terms and conditions apply accordingly to services that can be used via the Internet as well as via mobile devices. 1.4 In order to use the Services, you must have access to the World Wide Web and pay the fees incurred in this connection.
2. Establishment of the contract for the use of the internet portals and offered services
2.1 Our apps can also be used without registering or creating a customer account (“Accounts”). In this case, by using the services you make an offer to conclude a contract for the duration of the use of the Internet portals in accordance with these GTC, which endios accepts by providing the service. 2.2 If you use our services to add information yourself, you can do so for some services simply by filling out the respective entry form. If necessary, an account is required for the addition of information. In addition, you must accept our respective terms and conditions for the entry. 2.3 Some services require the registration of a free account with endios in order to add your own information. By registering you make an offer to conclude a contract for the use of the services according to our terms and conditions by sending your registration data to complete the registration process. The individual steps of the registration process will be explained to you during registration. You can correct your entries at any time until the registration is completed. By providing the account in full, endios declares acceptance of your offer. For the use of individual services only one account is required. When using such new services for the first time, this service has to be added to the account, possibly missing mandatory information for this service has to be provided and the respective terms and conditions have to be accepted.
3. Registering an account -Requirements
3.1 An Account can be created by anyone who is authorized by endios and who fills out the registration form completely and truthfully (“Registration Data”). When registering, you must always provide a valid e-mail address. During registration you choose a user name and a password (access data). After your registration you will receive a so-called activation e-mail from endios to the e-mail box you have specified. The complete provision of the service will therefore only take place after you have performed the actions described in the activation e-mail. 3.2 The registration data is required to identify the user and to ensure that endios can send you notifications or declarations in connection with the use of the services. Therefore, changes of the own data have to be made immediately by the user in his account. In the event of incorrect or partially incorrect registration data, endios is entitled to delete your account temporarily or permanently and to exclude you from any use of individual or all services at present and in the future. Please note: If messages or declarations from endios cannot be delivered to a user due to incorrect or outdated information (e.g. e-mail address), the user shall bear the full risk. 3.3 If you order our newsletter during registration, endios is entitled to send you e-mails with news and interesting offers to the e-mail address you have provided. You can deactivate the newsletter at any time via your account or via a link within each newsletter.
4. Responsibilities, duties and rights of the users
4.1 You are obliged to protect access to your account against unauthorized use by third parties. Access data must be kept secret. If your access data is disclosed to third parties through your fault, you shall be liable for any use of your access data by third parties and the associated use of the Service. As soon as you become aware that your access data may have become accessible to unauthorized third parties, you are obliged to change your password. If this is not possible, endios must be notified immediately by email to firstname.lastname@example.org, quoting your username and email address. endios excludes all liability for any loss or damage arising from your failure to comply with the obligations in this Section 4. 4.2 If you have permitted another person, such as a minor, to use your account, you acknowledge that you are fully responsible for (i) that user’s online conduct, (ii) controlling that user’s access to and use of the Services, and (iii) the consequences of any misuse. Some Services may contain material that is unsuitable for minors. Accordingly, it is your responsibility to determine whether and, if so, which of the Services and/or Content are appropriate for your child, or the minor you have permitted to use your account. 4.3 Each user is fully responsible for the content (e.g. data, texts, photos, graphics, videos or other materials) he/she enters, which is generally published or privately transmitted. Endios does not adopt these as its own and is not obliged to check the content. The user must therefore ensure that no legal regulations, rights of third parties and/or good morals are violated by his entered content. In particular, the user guarantees that he/she is entitled to the necessary rights of use for the files he/she posts, such as images. 4.4 Within the scope of using the Service, you may not: a. Publish data, text, images, files, links, software or other content which in the opinion of endios is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist or in any other way objectionable or in breach of the Acceptance Guidelines of the individual Services; b. Harm minors in any way; c. impersonate another person on the Services; d. Enter, post, email or otherwise transmit any Content that infringes any third party’s rights, including but not limited to patents, trademarks, copyrights, trade secrets or other proprietary rights; e. Enter, post, email or otherwise transmit any material that contains software viruses or any other information, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; f. interfere with the technical operation of the Service; g. interfere with or disrupt the Services or servers or networks connected to the Services, or violate any rules, procedures or other regulations of networks connected to the Services or servers; h. harass, threaten, defame, cause distress or embarrassment to, or otherwise cause inconvenience to, any person, entity or group of persons; i. collect or store personal data about other users. 4.5 endios grants users a non-exclusive right of use, unlimited in time and space, to the information provided on its Internet portals. The simple right of use is limited to the search of information for own use. Any use beyond this is not permitted. This applies in particular to the commercial or industrial exploitation of the information as well as the creation of information directories, duplication, editing or transfer to third parties. The visitor may only use the Internet portals within the framework of the legal provisions, in particular the applicable data protection provisions. 4.6 The visitor is aware that endios or third parties, in particular advertisers and licensors, are entitled to all rights to the Internet portals and the content published there, in particular the rights of use and exploitation under copyright law, e.g. to the databases and address files of the Internet portals. When using the Internet portals, the user must observe the respective third-party license conditions specified in addition to these GTC. The visitor may not remove existing copyright notices, trademarks and other legal reservations on the Internet portals.
5. Exemption from liability
The user hereby indemnifies endios against all claims by third parties arising from unauthorized use by the user and/or claims by third parties based on or in connection with information entered by the user as a result of a legal violation. This also applies to reasonable court and legal fees.
6. Right of revocation / revocation instruction
As a consumer in the sense of § 13 BGB (German Civil Code), you can revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within two weeks after conclusion of the contract without giving reasons. Commencement of the revocation period: The revocation period shall commence no earlier than upon receipt of these instructions, but not before the conclusion of the contract and not before we have fulfilled our duty to provide information pursuant to Section 312 c (2) of the German Civil Code (BGB) in conjunction with Section 1 (1), (2) and (4) of the German Civil Code Information Ordinance (BGB-InfoV). The timely dispatch of the revocation is sufficient to meet the revocation deadline. The revocation is to be sent to endios GmbH, Steckelhörn 11, 20457 Hamburg or by e-mail to email@example.com. Consequences of revocation: In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the services received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. Obligations to reimburse payments must be fulfilled within 30 days after sending your notice of cancellation. Special note: Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
7. Cancellation / Termination of service
7.1 The user as well as endios are entitled to terminate a user account at any time with immediate effect and without giving reasons. The termination has to be addressed to: endios GmbH, Steckelhörn 11, 20457 Hamburg or by e-mail to firstname.lastname@example.org. The consequences of termination for the individual services are regulated in the respective specific GTC. 7.2 In case of deletion of your account you can only regain access to the Services after prior written consent by endios. endios is not liable for the loss of your data.
8. Use / Rights of usage
8.1 The use of the internet portals of endios is generally free of charge. 8.2 endios grants the user a simple right of use to the information provided, unlimited in time and space. The simple right of use is limited to the search of information for the user’s own use. Any further use is not permitted. This applies in particular to the commercial or industrial exploitation of the information as well as the creation of information directories, duplication, processing or transfer to third parties. The visitor may only use the Internet portals within the framework of the legal provisions, in particular the applicable data protection regulations. The user is aware that all rights to the Internet portals and the content published there, in particular the copyright usage and exploitation rights, e.g. to the databases as well as address files of the Internet portals, belong to endios or third parties, in particular advertisers and licensors. When using the Internet portals, the user must observe the respective third-party license conditions specified in addition to these GTC. The visitor may not remove existing copyright notices, trademarks and other legal reservations on the internet portals. 8.3 In order to enable endios to make the information entered by users accessible and to ensure that this information is read as frequently as possible, endios requires the following grant of rights of use: By entering information on one of our Internet portals, the user grants endios the royalty-free, locally unlimited, irrevocable and non-exclusive right, including the right to grant sublicenses to third parties, to use, reproduce, adapt, publish, translate, edit, distribute, perform and/or display this information (in whole or in part), including its content (such as images), worldwide until the end/expiration of the entry of the information. e.g. images) worldwide, to reproduce, modify, adapt, publish, translate, edit, distribute, perform, display and/or incorporate the relevant information in other works (portals), media or technologies, whether currently known or yet to be developed, in any form whatsoever, until the end/expiry of the circuit. This authorization includes in particular:
- to adapt and publish the information on the internet portals of endios and to display or publish it on internet portals of third parties;
- to distribute the information on the mobile portals of endios or on mobile portals of third parties via mobile radio by App, WAP, MMS, SMS, I-MODE as well as other comparable display formats used in mobile radio and to make it available for mobile radio capable end devices, whereby the contents are processed for display and preparation for different end devices;
- to publish the information outside the World Wide Web, in particular with cooperation partners, in the context of print advertising.
8.4 All rights to the technologies, software products and content provided by endios (e.g. databases, directories, map material) used within the scope of the contractual service shall be exclusively vested in endios in relation to the user.
9. Exclusion from warranty
9.1 The use of the Services is at your own risk. The Services are offered in the form deemed appropriate by endios and subject to availability. 9.2 endios attempts to ensure that the Services meet your requirements and are available at all times without interruption, in a timely manner, securely and without error, but does not warrant this. endios does not warrant the results that may be obtained from the use of the Services, the accuracy or reliability of any information obtained through the Services, or that the quality of any goods, services or information obtained in connection with the Services will meet your expectations. endios also does not warrant that the hardware and software used for the Services will operate error-free at all times or that any defects in the hardware or software will be corrected. 9.3 Downloading or otherwise obtaining Content in connection with the Services is at your own risk and you are solely responsible for any damage to your computer system, or other technical equipment used for use, for loss of data or for any other damage resulting from downloading Content or other transactions in connection with the Services. 9.4 Any advice or information provided to you in connection with the Services, whether in writing or verbally, shall not create any warranty on the part of endios unless expressly agreed. 9.5 endios is entitled to carry out maintenance work on servers and databases. It shall endeavor to keep disruptions to the services as low as possible. In case of corresponding impairments there is no claim for reduction of remuneration, termination of the contract or assertion of claims for compensation.
10. Limitation of liability
10.1 You understand that by using the Services you may be exposed to Content that is offensive, indecent or objectionable in any other way. endios shall not be liable under any circumstances for any Content, including, without limitation, for any errors, inaccuracies or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted as part of the Services. 10.2 endios shall not be liable for the conduct of users or other third parties or for any content or statements transmitted by users or other third parties as part of the Services. endios shall also not be liable for any damages arising from the use or inability to use the Services. In particular, endios shall not be liable for any costs of replacement or for any costs incurred in connection with any goods or services purchased, messages received or other transactions, or arising from unauthorized access to or alteration of your input or data or otherwise in connection with the Services. endios shall not be liable to you or to any other person for any damages arising out of the interruption, temporary suspension or termination of the Services. We expressly draw your attention to the fact that the Services may contain content that is harmful to minors or otherwise objectionable. endios shall not be liable for any damages arising from access to such or other content. 10.3 The liability of endios, if such liability should exist irrespective of the above provisions for whatever legal reason, shall in any case be limited to damages caused by intentional or grossly negligent conduct or based on the violation of a primary obligation essential to the contractual relationship. For damages based on a negligent breach of non-essential contractual obligations or obligations in the context of contractual negotiations, liability for indirect damages and atypical consequential damages is excluded and otherwise limited in amount to the average damage typical for the contract.
11. Commercial use of the service
Insofar as you are entitled to commercial use of endios’ offers, you may not copy, reproduce, imitate, sell, resell or use the Services or parts thereof, your use of or access to the Services for commercial purposes of any kind whatsoever, unless you have been expressly permitted to do so by endios.
endios is not responsible or liable for the links from its Internet portals to other websites (sites) or mobile offerings (e.g. apps from other providers) within the scope of its Services, does not adopt as its own any content accessible on or via such sites or sources, and excludes any liability or warranty with respect thereto.
13. Exclusion period
14. Data protection / Privacy
Businesses can publish offers via endios apps. Endios does not check and is not liable for the accuracy of these offers. Users of the offer function assure endios of the legality of their offers and are liable for any damages, costs, etc. incurred by endios from an offer that does not comply with the law.
16. Modification of the Services / GTC
16.1 endios reserves the right to modify, suspend or discontinue its Services at any time, temporarily or permanently, with or without notice to the User. endios shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of a change, these GTC shall also apply to the changed Service. 16.2 endios is also entitled to amend or adjust these GTC as well as the specific GTC of the individual Services from time to time with a reasonable period of notice, for example in order to implement legal or regulatory requirements or to take into account functional changes to its Services. 16.3 In the case of a registered account, the User shall be sent the amended Terms and Conditions to the e-mail address stored in his account. If a user does not object to the validity of the new GTC within four weeks after receipt of the e-mail, the amended GTC shall be deemed accepted. In the e-mail containing the amended terms and conditions, endios shall separately draw the user’s attention to the significance of this four-week period. If the user objects to the new GTC in due time, the previous GTC shall continue to apply for this user. In this case, however, endios reserves the right to terminate the account at the earliest possible date. However, changes to the GTC due to compelling legal reasons do not constitute a right of objection on the part of the user and become effective upon their announcement. In this case, the user has the right to terminate without notice.
17. Applicable law and place of jurisdiction
17.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 17.2 The place of performance and exclusive place of jurisdiction shall be Hamburg, Germany, to the extent permitted by law. 17.3 There shall be no verbal collateral agreements. Amendments to the terms and conditions of the contract must be made in text form. This shall also apply to the cancellation or amendment of this text form clause. 17.4 Should individual provisions of the contract be or become invalid in whole or in part, the remainder of the contract shall remain valid. In the event of such ineffectiveness, the contracting parties shall agree on a legally effective substitute provision that comes as close as possible to the ineffective provision in economic terms. The same shall apply in the event of a loophole.
18. What to do in case of violation of these terms and conditions
Please inform the employees of endios about all violations of these GTC. If you notice that any content of the Services violates these GTC, please send us by e-mail the identification data of the person who does not comply with the rules, together with the relevant content, which you should cut out and attach to the e-mail, to email@example.com. However, endios does not hereby guarantee that any action will be taken as a result of your notification.