General Terms
and Conditions

Our General Terms and Conditions are deemed to be agreed upon when using AMICIDO. In particular, they contain your rights and obligations as a user of our platforms as well as the most important data protection provisions.

Amicido GmbH

Preamble

AMICIDO

helps you to find answers quickly – to your questions about all areas of life;
allows you to ask your questions – from questions about knowledge to advice to scheduling inquiries and fun;
gives you the opportunity to share your knowledge with others.

§ 1 Scope of application

(1) These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts for the provision of services on the AMICIDO platforms

between

Amicido GmbH
Bonhoefferstrasse 3
56410 Montabaur

(More information in the imprint: https://www.amicido.com/app-imprint-en)

(Hereinafter referred to as “user”, “we”, or “us”)

and you

(Hereinafter referred to as “Partner”, “your” or “you”).

(2) The GTC apply regardless of whether you are a consumer or an entrepreneur.

(3) “Consumer”, you are a natural person who enters into a contract with us for purposes that are predominantly neither your commercial nor your independent professional activity.

(4) “Entrepreneur”, you are a natural person or conclude a contract for a legal entity or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding the contract with us.

(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 be authoritative. Deviating GTC shall not be accepted. This also applies if we have not expressly objected to their inclusion. Something else may apply insofar as these GTC provide otherwise in individual cases.

(7) All agreements made between you and us in connection with a service shall result in particular from the order and the appendices thereto, our confirmation, our acceptance and, to the extent not regulated therein, from these GTC. These GTC shall also apply to orders placed by you during or after the expiry of the term of the contract, 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 no special GTC relating to the other type of contract exist and clauses of these GTC may apply in terms of content.

§ 2 Scope of services

(1) With the AMICIDO social media app, we offer you the opportunity to ask questions in the areas

Knowledge
Advice
Organization & Planning
Offers
Fun

Questions

to ask questions in order to have them answered by other AMICIDO users
view other AMICIDO users’ questions and their answers

Answers

to share your knowledge with others
view answers from other AMICIDO users

(2) To provide you with the best question-answer environment, the following features exist:

You choose in which formats your questions are answered, for example:
- Multi Choice/One Choice
- Yes/No
- Block One
- Best Date
- Best Rating
- Quiz
- Free Reply
You form groups with other users
You link with other users
You comment on the discussions of other users
You search for other users and discussions
You report to us what you consider inappropriate or illegal content or users.

(3) You will receive access to software, online databases, features, 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.

(4) Decisive for the scope of our service is in each individual case:

Your order or registration, regardless of which of our platforms you submit it to or carry it out on.

§ 3 Free of charge

The use of AMICIDO is free of charge to you.

§ 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 representation.

(2) You can submit a legally binding order in any way that our platforms offer. In particular, you can submit it as follows:

By clicking an order or sign-up button on our platforms, in particular on our websites and apps as well as our profiles on third-party websites and apps.

(3) By placing an order or registering, you also give your binding consent to these GTCs 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 Store), the contractual terms GTCs 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 registration provisions, the data protection provisions, the End User License Agreement for Licensed Applications (EULA) or the availability of the services.

(4) We can confirm the receipt of the order or registration by e-mail to the e-mail address provided by you. The confirmation does not constitute a binding acceptance of the order or registration unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.

(5) Several contractual partners are jointly and severally liable for our claim. We shall be entitled to rely on the instructions and information of each of several contractual partners in the performance of the contract, unless one of them objects in writing. An objection entitles the user to terminate the contract with the consequences of a lack of cooperation.

§ 5 Registration, account and content

(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 obtain it by registering. To register, you provide your data:

E-Mail Address
Username
Password
Birthday
Mobile Phone Number
Country
Gender
App-Language
Content-Language

(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:

Consumers are natural persons over 18 years of age with unlimited legal capacity or persons with limited legal capacity acting with the consent of their parents.
Businesses as natural persons fulfill the requirements of a consumer
Entrepreneurs as partnerships or corporations as well as any other corporate bodies, 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) With the registration you receive an account, which contains all necessary data for the 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.

(7) You are responsible for the content and quality of all information provided. You assure that they are correct and complete. We do not take any notice of the contents, in particular they are not checked in principle. You undertake not to enter, upload or in any way make available to us or the providers any content and data that is punishable, illegal or violates the rights of third parties, and not to use the platforms in any illegal manner, for example to commit criminal acts or to offer illegal services. You agree not to misuse the platforms and in particular not to distribute any illegal, immoral, defamatory, offensive, obscene, pornographic or politically radical content.

(8) You must not jeopardize the safe operation of our platforms. You must refrain from doing anything that could harass 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.
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,
To collect or use, to the extent accessible, information 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. With respect to any Content posted by you on our Platforms, we shall be entitled to take any action without giving any reason; in particular, we shall be entitled to modify or delete it for any other reason at our discretion without giving any reason. In addition, we expressly reserve the right to assert civil and criminal claims.

(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 Term and termination

(1) The term of the contract begins – unless otherwise agreed electronically or in writing – when we send the order or registration confirmation to you.

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

(3) We are entitled to terminate the contract at any time by giving notice of termination. In the event of our termination, we are entitled to delete your account and all contents or to make them inaccessible to you and to use them in accordance with these GTC.

(4) You are entitled to terminate the contract at any time by giving notice. Upon termination, we will retain your account and all content for 14 days to enable you to access it upon reactivation. After that we are entitled to proceed according to paragraph 3.

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

§ 7 Duty to cooperate

(1) You will assist us in the provision of our contractual services by reasonable acts of cooperation. For example, you shall provide us with the necessary information, data, circumstances, ratios.

(2) Insofar as you are not entitled to provide information or to make such information available in accordance with Paragraph 1, you shall also be deemed to have failed to cooperate. You affirm your authorization to perform the corresponding actions. 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 claim damages. In this case, you shall also indemnify us against all third-party claims asserted by third parties in connection with acts of cooperation performed incorrectly by you, at least due to gross negligence.

§ 8 Communication

(1) To ensure quick and easy communication with each other, communication is generally carried out via the app. You consent to information being sent to you by e-mail.

(2) The dispatch 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.

§ 9 Technical availability, data, functionality and content

(1) The platforms are accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond our control and subject to outages and maintenance work required for operation. We work diligently to achieve 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 resulting damage.

(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 any content – including user-generated content.

§ 10 Granting of rights

(1) You agree 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 referred to as “property rights”).

(2) You hereby grant us a comprehensive, exclusive right of use, unlimited in space and time and unrestricted for all types of use, to the files or property rights that you publish via our platforms or upload to our platform or to the user account or forward to us in any other way, in particular the right of use to your image and your name. To the extent possible under applicable law, you hereby unconditionally and irrevocably waive all moral rights that may exist in the files, including the right to use your name and the prohibition of defacement.

(3) The granting of rights includes in particular the right to exploit the files for your own- or third-party purposes in any way worldwide and for an unlimited period of time, including exploitation in and on products, whether your own or those for third parties, in all types of use. It also includes the right to reproduce and/or publish the files. The rights also include the right to edit, i.e., the right to further edit the files or to have them further edited by third parties.

(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 GTCs and data protection provisions of the respective third-party provider may apply insofar as there are overlaps in content.

§ 11 Our rights on 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) 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, are also exclusively ours. In particular, trademarks, other distinguishing 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.

§ 12 Modification of the 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).

§ 13 Third-party advertising

(1) We reserve the right to display third-party advertising to you. We have no influence on the advertising, especially not on its content, its reliability or its accuracy. The display of advertising is done without our review, in particular it is not approved by us in terms of content – the advertiser is solely responsible. In any form of use – in particular by clicking, using their services performed by means of application programming interface (“API”) or visiting their platforms linked on the advertising – their contractual terms, GTC and data protection provisions shall apply.

(2) Advertising may in particular be accompanied by the linking of third-party platforms or third-party API applications. Here, too, the responsibility lies solely with the respective provider of the advertising. Their contractual terms and conditions, general terms and conditions and data protection provisions shall apply.

§ 14 Copyrights

We have copyrights and other rights to all images, films, texts and other content protected by copyright or similar rights that are published on our website, our profiles on other websites, our social media profiles. Any use of the images, movies, texts and other rights, is not allowed without our written consent.

§ 15 Data protection and data security

(1) We collect personal data from you and, if applicable, other data provided by you or obtained in the course of contract performance 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 Article 5 (1), personal data must essentially:

be processed in a lawful and fair manner and in a way that is comprehensible to the data subject (“lawfulness, fair processing, transparency”);
be collected for specified, explicit and legitimate purposes and shall not be further processed in a way incompatible with those purposes (“purpose limitation”);
be adequate and relevant to the purpose and limited to what is necessary for the purposes of the processing (“data minimization”);
be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data which are inaccurate in relation to the purposes of their processing are erased or rectified without delay (“accuracy”);
be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were processed (“storage limitation”);
be processed in a manner that ensures appropriate security of 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 performance 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 perform a query for you that is necessary for the performance of the contract, your data is forwarded to a payment provider or freelancers are used to contribute to the fulfillment of a performance obligation to you. In these cases, the service providers will often have a contractual relationship with you, so that 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 of our contractual relationship as well as during its implementation. 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.

The contact details of our data protection officer responsible for this can be found in our data protection declaration: https://www.amicido.com/app-privacy-en. In addition, you have the right to corresponding administrative or judicial remedies or to appeal to a supervisory authority.

§ 16 Liability and indemnification

(1) The User shall be liable to the Partner 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, the User shall be liable – unless otherwise stipulated in Paragraph 3 – only in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you as a contractual partner may regularly rely (so-called cardinal obligation), and 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) The liability of the User for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

(4) The Partner shall indemnify the User upon first request against any claims of third parties which are asserted against us and/or our vicarious agents due to possible culpable violations of the Partner’s obligations – in particular from these GTC. The Partner shall compensate the User 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.

§ 17 Applicable law, contractual language and place of jurisdiction

(1) 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 the Partner is a merchant and has its registered office in Germany at the time of the assignment, the exclusive place of jurisdiction shall be the registered office of the User in Montabaur. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

(2) Unless otherwise agreed in writing, the contractual language shall be German.

(3) The EU Commission has created an Internet platform for the online settlement of disputes – the alternative dispute resolution under the ODR Regulation and § 36 VSBG. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More detailed information is available at the following link: http://ec.europa.eu/consumers/odr

Participation in a dispute resolution procedure before a consumer arbitration board is not obligatory and is not carried out by us.

§ 18 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 becomes 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.

For further Information please contact:

Amicido GmbH
Bonhoefferstrasse 3
56410 Montabaur, Germany
+49 2602 95039-10
contact@amicido.com
www.amicido.com

General Terms and Conditions