Terms of Use

§1 Scope

1. For the use of the Android-, iOS- or browser-based app Klubraum (hereinafter also referred to as "Klubraum"), the following terms of use apply in the relationship between the user and the operator of the app, aucentiq solutions GmbH, (hereinafter referred to as the provider). The use of Klubraum including all functions is only permitted if the user accepts these terms of use.
2. Only users who have full legal capacity or who act with the consent of their legal representatives are authorized to use the app.

§2 Service description

1. The Provider shall provide its Users with an app designed to facilitate communication and organization within a group of Users managed in Klubraum, for example the members of a club.
2. The type and scope of the service depends on the selected scope package.
3. If the User has selected a free scope package, all services are offered subject to availability. The provider endeavors to keep the services available, but assumes no responsibility for any failures within the scope of a free use.
4. The provider reserves the right to offer currently free services in the future for a fee.
5. The right to use the app exists only within the given technical possibilities. It may sometimes be necessary to temporarily restrict services within the app, for example with regard to capacity limits, the security of Klubraum, the integrity of the servers or to implement technical measures in the interest of proper service provision.

§3 Usage, Registration

1. Klubraum can be used in full only after prior registration. Anyone who provides truthful, accurate, current and complete information about themselves in accordance with the registration form can register. By registering, the provider automatically creates a user account.
2. In the context of free use, there is no entitlement to an account.
3. In the event of a change in the underlying data, in particular the email address, the user will immediately adjust the registration data. Should the provider determine that the email address provided by the user is incorrect, the provider has the right to temporarily block the user account, permanently deactivate it or, depending on the severity of the violation, delete it.
4. In order to use the core functionalities of the app, membership in at least one group (referred to as "Klubraum" within the app) is required. The decision as to who may be a member of which group is made by one or more administrators of the group. The provider assumes no responsibility for the group membership of individual users. In case of dispute between administrator(s) and user(s), the provider is entitled but not obliged to mediate between the disputing parties.
5. The user is not allowed to give his access to third parties for use. The user is obliged to keep his access data secret and to protect it from access by third parties.
6. Klubraum may only be used personally by the registered user. Use by "bots", programs or in any other automated form is not permitted.

§4 Responsibilities and obligations of the users

1. The responsibility for all information, data, text, software, music, sounds, photos, graphics, videos, messages or other materials ("Content") lies solely with the user who has posted such Content. This means that the user bears the entire responsibility for all content that he uploads, publishes, sends by e-mail or forwards in any other way.
2. The User may not, within the framework of the use of Klubraum:
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   Store, publish and/or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racist or otherwise reportable under the relevant statutory provisions or that may harm minors in any way or is in particular pornographic, glorifies violence or otherwise harmful to minors;
   
   store, publish and/or transmit content that infringes the rights of third parties, in particular patents, trademarks, copyrights or ancillary copyrights, trade secrets, personal rights or property rights;
   
   store, publish and/or transmit content that contains software viruses or other information, files or programs that are intended or capable of interrupting, destroying or limiting the function of computer software or hardware or telecommunications devices;
   
   store, publish and/or transmit content that the user is not authorized to transmit;
   
   forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
   
   store, publish and/or transmit unsolicited advertising, promotional material, junk or bulk e-mail ("spam"), chain letters, pyramid schemes or other commercial offers;
   
   violate national or international laws;
   
   collect, store or transmit personal data about other users, unless the persons concerned agree to this.
3. If the provider obtains knowledge of content to be reported as described in section 2, he is entitled to delete this content immediately and without prior information of the user. Depending on the severity of the violation, the provider is also entitled to block the corresponding user account.
4. As far as the provider incurs costs for the warning by third parties, the user has to exempt him from this.
5. The provider is not liable for user content, in particular not for errors, inaccuracies or incompleteness in connection with content, nor for loss or damage caused by the use of uploaded content.
6. Optionally uploaded profile pictures of Klubraum users are protected by cryptic (secret) URLs. For data protection reasons, the user agrees to keep these URLs secret. In particular, he will not publish, distribute or store them outside Klubraum.

§5 Integration of advertising

1. If the user has selected a free scope package, the provider reserves the right to place advertising banners or other forms of advertising at any time itself or through external service providers.
2. Within the scope of a free usage, the user expressly agrees that advertising, in particular also in the environment of the content uploaded by him, may also take place before, within and after these (e.g. in videos via pre- and/or end-credits advertising).

§6 Limitation of liability and warranty

1. The provider secures the data entered by the user and uploaded content against loss according to the respective state of the art. However, an irrevocable loss cannot be completely ruled out even with the best possible backup of data and content. It is the user's responsibility to store important data or content on suitable media and/or to print it out so that unrestricted access to it is also possible independently of Klubraum. In the event of loss, the Provider shall be liable at most up to the amount of the expenses incurred by the User to restore existing backup copies.
2. The aforementioned limitations of liability shall also apply mutatis mutandis in favor of the Provider's vicarious agents (e.g. loss of data at the hoster).
3. Insofar as users are given the option in the app to forward to databases, websites, services, etc. of third parties, e.g., data loss at the hoster. third parties, e.g. by setting links or hyperlinks, the provider is neither liable for the accessibility, existence or security of these databases or services nor for their content. In particular, the provider is not liable for their legality, accuracy of content, completeness or timeliness.
4. The provider is only liable for damages:
   
   from injury to life, body or health,
   which are based on an intentional or negligent breach of duty by the provider;
   
   which are based on an intentional or grossly negligent breach of duty by the provider;
   
   which are based on the intentional or negligent breach of duty of an essential contractual obligation of the provider; or
   
   which fall within the scope of protection of a guarantee (assurance) given by the provider.

Unless otherwise agreed in these Terms of Use, all claims of the user for compensation of damages of any kind are excluded. In the event of a negligent breach of a material contractual obligation, liability shall be limited to the amount of the damage typically to be expected, the occurrence of which the provider had to anticipate at the time of the user's registration based on the circumstances known at that time. This does not apply to damages resulting from injury to life, body or health.

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§7 Data protection, Privacy

1. The provider is aware of the sensitivity of personal data and the protection of privacy. Personal data is collected, processed and used in accordance with the statutory regulations.  
2. For more information on data processing in the context of the use of Klubraum, please refer to the separate privacy policy of the provider.

§8 Copyrights

1. The user assures that he has the necessary rights to the content he uploads to the app.
2. If a user is of the opinion that his works are being used without authorization, the provider must be informed of this immediately. After becoming aware of and examining the facts, the provider will no longer make this content available for retrieval. The provider points out that he will only release content again when the user who uploaded the content can prove that the illegal condition has been eliminated.

§9 Conclusion of the contract, termination, removal

1. The contract on the use of Klubraum is concluded for an indefinite period of time. The contract may be terminated by either party without notice and without giving reasons.
2. Any divergent arrangements made between the Provider and the User in the context of a fee-based use of Klubraum are not affected by clause 1.
3. The user can leave individual or all groups at any time and close his account. The user may also be removed from a group at any time by an administrator of that group (see also §3, section 4). If the User has no further group membership, the actual functionality of Klubraum will only be available again once the User has been invited to join a group again.

§ 10 Modification to the offer

1. The provider is entitled to make changes to the app and terminate its service with 2 weeks notice. Functions can be added, changed or removed by the provider at any time.

§11 Modification of the Terms of Use

1. The Provider reserves the right to change these Terms of Use at any time for the future, unless this is unreasonable for the User.
2. The Provider shall notify the User of any changes to the Terms of Use in a timely manner, by e-mail and/or as a message within Klubraum.
3. If the User does not object to the validity of the new Terms of Use within six (6) weeks after notification and uses the Service again after this period, the amended Terms of Use shall be deemed accepted by the User. The Provider shall inform the User in the notification of his right to object and of the significance of the objection period.

§12 Final provisions

1. If one or more provisions of these Terms of Use are or become invalid in whole or in part, or if a time limit set violates the legally permissible measure, this shall not affect the validity of these Terms of Use in other respects.
2. These terms of use as well as the use of the services are governed by German law. The contractual language is German.

Updated: 30.11.2019

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