Terms of Use

This document was last updated on October 18th, 2015.

§ 1 Applicability

(1) For the use of this software and in the contractual relationship between the User (principally employees or members), the Customer (company, organization, association etc.) and the software provider (hereafter referred to as the Provider). The use of the software is only permitted if the User agrees to these conditions.

§ 2 User

(1) A User in the sense of this agreement is any participant that uses the software, independent of whether they use the software anonymously or not.

§ 3 Registration, Use and Membership

(1) A paid account from a Customer is required to use this software. The Customer is required to confirm which employees, members or other third parties may use the software.

(2) Users that fulfill the Customer’s requirements will receive access and can write as well as read content (posts, comments etc.) The Provider will endeavor to limit access to designated Users via technological measures.

(3) There are specific roles in the software that must be specifically assigned by the Customer. These roles can only be performed by designated persons.

(4) The Provider plays no role in the selection of participating persons or Users.

(5) Users may not allow use of their access by third parties. The User is obliged to keep their login data secret to protect their account from third parties.

(6) The Provider will, via technological measures, endeavor to prevent access to Customers' data by unauthorized persons.

§ 4 Provider Services

(1) In the context of these Conditions of Use, the Provider and its software allow the User to post content (posts, comments etc.) In return for payment, the Provider will make a discussion forum with commenting functionality available to the Users within the limits of their technological and organizational capabilities. The Provider will endeavor to maintain access to this service. The Provider assumes no additional service obligations. Specifically, there is no guarantee of constant access the service.

(2) The Provider offers no guarantee for the accuracy, completeness, reliability, currency or usefulness of the posted content.

§ 5 Exclusion of liability

(1) All claims by Users or Customers shall be excluded unless agreed otherwise hereinafter. The above exclusion also applies to the legal representatives and agents of the Provider, should a User seek to make a claim against them.

(2) Excepted from the above agreed upon exclusion in Paragraph 1 are claims for damages due to injury to life, limb, health and claims for damages due to breach of contract. Fundamental contractual obligations are those deemed necessary in fulfilling the goals of the contract. Also excepted from the above exclusion is all liability for damages resulting from an intentional or grossly negligent breach of duty by the Provider or its legal representatives or agents.

§ 6 User Responsibilities

(1) The User agrees with the Provider and Customer not to post any content that violates public decency or applicable law. Specifically, the User agrees not to post any content that:

  1. the publishing of which constitutes a criminal or statutory violation

  2. infringes copyright, trademark or competition regulation

  3. that violates the Rechtsdienstleistungsgesetz [Legal Services Act of Germany]

  4. could be considered offensive, racist, discriminatory or pornographic

  5. includes advertising

  6. permits the inference of the User themselves or other Users.

(2) In the case of a breach of the obligation provided under Paragraph 1, the Provider and the Customer have the right to amend or delete relevant posts and to block the User's access. The User is liable and obliged to compensate the Provider and Customer for damages caused by such a breach of duty.

(3) The Provider and Customer have the right to delete posts and content if it is possible that they contain any statutory violation.

(4) The Provider and Customer in relation to the User have the right to exemption from third party claims resulting from the violation of law or statute by the User. The User is obliged to support the Provider and Customer in defense of any such claims. The User is also obliged to bear the costs of adequate legal defense incurred by the Provider and Customer.

§ 7 Transfer of User Rights

(1) Copyright for content posted remains with the respective User. However, by posting the content, the User grants the Provider and the Customer the permanent right to store the post in its software for retrieval and to make them publicly available. The Provider and the Customer have the right to move posts within the software and to combine them with other content.

(2) The user has no right against the Provider or Customer to delete or edit content once posted.

§ 8 Termination of Membership

(1) The User can terminate their membership through an appropriate request to the Provider or the Customer at any time. Upon request, the Provider will then terminate the User's access.

(2) The Provider and the Customer have the right to terminate the User's membership within a notice period of up to two weeks before the end of the month.

(3) Given good cause, the Provider and the Customer have the right to remove the User's access immediately and to terminate the User's membership.

(4) The Provider has the right to remove the user's access upon the termination of membership. In the event of termination of membership, the Provider is entitled, but not obliged, to delete all content created by the User. Any claim by the User to the transfer of posted content is excluded.

(5) The Provider has the right to terminate the membership of the Customer and all its Users with a notice period of 14 days, if the Customer does not pay the agreed service charges.

§ 9 Modifications or Changes to the Offer

(1) The Provider has the right to make changes to their software.

(2) The Provider has the right to cease offering its software in compliance with a notice period of 2 weeks. In the event of termination of service, the Provider is entitled but not obliged to delete content created by Users, or to transfer it to the Customer.

(3) In the event that the Provider ceases to offer the software, the Customer will not be liable for any further usage charges. Fees already paid for future time periods in which the software is not available do not apply.

§ 10 Choice of Law

(1) Concerning the contractual relationship between the Provider and the Customer and the Provider and the User, the laws of the Federal Republic of Germany shall apply. Excluded from this Choice of Law are the mandatory consumer protection provisions of the country in which the user has their habitual residence.

(2) Place of jurisdiction is Germany.