General terms and conditions of the DiBooq Mobile app
14473 Potsdam (Germany)
General and scope
(1) These General Terms and Conditions of the DiBooq Mobile App (“GTC”) apply to the services of DiBooq GmbH, Heinrich-Mann-Allee 3b, 14473 Potsdam, Germany (hereinafter also referred to as “we” or “DiBooq”), which are provided to the user (hereinafter referred to as “user” or “you”) as part of the use of our DiBooq mobile app.
(2) These terms and conditions apply regardless of whether you act as a consumer, entrepreneur or merchant. For consumers, there are some special features that we may refer to in these terms and conditions at the relevant points. A consumer or customer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
(3) Your general terms and conditions do not apply, regardless of whether you expressly refer to them or we do not expressly contradict them. Your general terms and conditions will only become part of this contract if we expressly agree to them. Individual agreements between us in offers, order confirmations, declarations of acceptance, etc. take precedence over the provisions of these terms and conditions.
(4) If we process personal data for you and your company in the context of the contractual relationship with you, this processing takes place on the basis of the order processing contract in accordance with. Art. 28 GDPR (“AVV”), which becomes effective as soon as this contract comes into effect. The applicable GCU is available on our website at www.dibooq.com/en/legal/order_processing_contract.
Subject matter of the contract
(1) The DiBooq Mobile app is a SaaS (Software as a Service) solution (hereinafter also “Software”, “DiBooq Mobile App” or “Services”). An overview of the entire service portfolio of the software results from the service description, the current version of which is available on our website www.dibooq.com/en/legal/service_description.
(2) The specific service components that we provide in the contractual relationship with you can also result from the license contract, your order or from the order / order confirmation.
Use of our services & registration
(1) To access the DiBooq Mobile app, you must first download and install the DiBooq Mobile app from the Google Play Store or the Apple App Store. This requires the existence or a new creation of an account for the app store. By downloading the DiBooq Mobile app from the app store, you receive a personal, limited, simple, perpetual, non-transferable license to install the DiBooq Mobile app on a mobile device. The license applies to all mobile devices linked to the App Store account.
(2) Your free registration as a user is required to use our services. Only natural persons with unlimited legal capacity can register as users.
(3) To register, the registration form provided in our software must be filled in completely and truthfully, stating an email address, first and last name, and sent to us. We are entitled to request written evidence to verify the data provided.
(4) By submitting the registration form, you are making a binding offer to us to conclude a usage contract for a free basic version. The usage contract is concluded by confirming the registration and activating your user account. Each user can only register once.
(5) At least the following technical requirements are required to use our services:
- Standard DSL / WLAN / Internet connection
- Current app
- Smartphone with the latest operating system
(6) We have the right to exclude you from using our services and to delete your member account as well as all services booked by you if we have reasonable indications that you are violating the essential obligations of these terms and conditions or the law. We will inform you of the planned exclusion by email and give you the opportunity to comment. In any case, we will take your legitimate interests into account. The right to extraordinary termination remains unaffected.
Your right to use our services
(1) You receive a simple, non-exclusive, spatially unlimited right to use our services, limited in time for the duration of the contract.
(2) You are not entitled to exhibit, publicly reproduce, in particular to make publicly available, edit, redesign, translate, decompile or otherwise redesign our services. Your rights from §§ 69d Abs. 3, 69e UrhG remain unaffected.
(3) The contents of our services (especially in our app) are our exclusive property or our exclusive rights of ownership or the respective licensor. Our content is protected by national and international law, in particular copyright. The unauthorized distribution, reproduction, exploitation or other violation of our industrial property rights and copyrights will be prosecuted under civil and / or criminal law.
(4) All rights to the information you post remain with you. By adding content to our DiBooq mobile app, you grant us a non-exclusive, free of charge and freely revocable license to make this content publicly available to third parties worldwide as part of our services. The license expires if you delete the content you have posted.
For technical reasons, we cannot guarantee permanent and complete availability of the servers on which our services are operated. The availability of our DiBooq Mobile app or individual services may therefore be limited at times – in particular due to the need to carry out maintenance or repair work.
Limitation of Liability
(1) Our liability from the contract concluded between us, regardless of the legal reason, for your damage that does not result from injury to life, limb or health, is limited in amount to the damage typically foreseeable at the time the contract was concluded and fundamentally to essential contractual obligations, insofar as the damage was caused neither willfully nor through gross negligence by us or by a legal representative or vicarious agent.
(2) This limitation of liability does not apply if the damage is based on an intentional or grossly negligent breach of essential contractual obligations by us or by a legal representative or vicarious agent. Essential to the contract is an obligation, the fulfillment of which enables the proper execution of the contract and which you can regularly rely on to be observed.
Principles for the provision of our services
(1) With our software and its functions, we only provide you with a technical basis for the purposes to be mapped (see in particular the service description at www.dibooq.com/en/legal/service_description. We are not responsible for the actions carried out with our software or for the content processed with our software. The agreements and contracts that you have concluded with your customers, partners, employees, etc. or the law apply exclusively to all actions and content processed by you with our software.
(2) For the use of our services, the following generally apply. the tenancy regulations. Maintenance measures such as troubleshooting, updates or further developments are part of our service. Further support is offered with a corresponding agreement. In addition to the maintenance measures, the statutory rent warranty law applies.
(3) Adjustments, changes and additions to our services as well as measures that serve to identify and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons. We will generally carry out major maintenance work that could lead to a malfunction of our services. outside of normal business hours.
(4) You may not transfer our services to third parties for commercial use.
(5) You have to independently take appropriate measures against the loss of your content.
(6) You can use links or functionalities in our services to access third-party websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognizable by a change in the address line of the browser or a change in the user interface.
(7) We reserve the right to change our services as well as the related documents and attachments, taking your interests into account, to adapt and to increase or reduce the scope of functions, provided that we do not violate our contractually assumed main service obligations. We will inform you in advance of any major modifications and settings that change the contractual relationship. You have the right to object to changes. If you do that, we will try to find alternatives together. If these are not found, both parties have the right to extraordinary termination of this contract.
(8) We secure our systems against virus attacks. However, a virus attack can never be completely ruled out. In addition, it can happen that unauthorized third parties send messages using our name without our consent that contain viruses or so-called spyware or link to web content that contains viruses or spyware. We have no influence on that. You should therefore check all incoming messages sent under our name. This also applies to any messages from other users.
(9) We are not responsible for damage or loss of data that may result from the installation of software on your end devices that was not provided by us.
(10) You undertake under no circumstances to use your device or the app store or app account, the login name or the password of another user without authorization. If a third party uses one of the accounts after they have obtained the access data because you have not adequately protected them against unauthorized access, you must allow yourself to be treated as if you had acted yourself.
(11) In the event of a justified suspicion that access data has become known to unauthorized third parties, we are entitled, but not obliged, to change the access data independently or to block the use of the account at our discretion without prior notice. We will inform you of this immediately and, upon request, provide you with the new access data within a reasonable period of time. You have no right to have the original access data restored.
(12) You must inform us immediately as soon as you become aware that unauthorized third parties have access to your app store account or that unauthorized third parties are using your device. We would like to point out that access data should be changed regularly for security reasons.
(13) When using our services, it is prohibited:
- Violate third party property rights such as trademarks, copyrights and naming rights,
- harass other users and third parties,
- To use measures, mechanisms or software in connection with the DiBooq Mobile app that can disrupt the function and operation of the DiBooq Mobile app,
- To take measures that could result in an unreasonable or excessive load on the technical capacities of the DiBooq mobile app,
- Block, overwrite or modify content,
- add elements to the DiBooq Mobile app or change, delete or modify elements of the DiBooq Mobile app in any other way,
- to copy, remove or otherwise use graphic elements or to try to decompile the source code of the DiBooq Mobile app (subject to § 69e UrhG),
- Use tools that intervene in the operation of the DiBooq Mobile app (in particular so-called “bots”, “hacks” etc.),
- to obtain premium functions or other advantages, such as the systematic or automatic control of the DiBooq mobile app or individual functions of the DiBooq mobile app, through the use of third-party software or other applications or to exploit program errors for your own benefit (“exploits”) ),
- to distribute commercial advertising for products or programs of third parties in connection with our services,
- to use documents, files, third party IT systems and data in connection with our services that contain malicious codes or viruses,
- To use mechanisms, software and scripts that go beyond the functionalities and interfaces provided, in particular if this blocks, modified, copied or overwritten our services, and
- our services through data modification (§ 303a StGB), computer sabotage (§ 303b StGB), falsification of evidence-relevant data (§ 269, 270 StGB), suppression of evidence-relevant data (§ 274 StGB), computer fraud (§ 263a StGB), spying on data (§ 202a StGB), interception of data (§ 202b StGB) or other criminal offenses
Contract duration & withdrawal / termination
(1) The contract for the DiBooq Mobile app in its basic function is concluded for an indefinite period. A termination is possible at any time without observing a notice period. The termination can take place by corresponding termination of the services in your admin area (deletion of the account).
(2) An upgrade of the selected price model or the booking of special features is possible at any time. The reduction in the number of users or the downgrading of a price model or the cancellation of upgrades and special features are possible at any time with a period of one month to the end of the respective selected term. The costs paid / to be paid for the current period will not be reimbursed.
(3) When the termination of the contract for the DiBooq Mobile app in its basic function takes effect, your account created in the DiBooq Mobile app will be deleted. You can export the content processed with our services until it is deleted. After this we will completely delete your access. Support services in connection with the termination can be provided by us on request and, if necessary, against separate payment. Content that you have exchanged with other DiBooq mobile apps and with DiBooq desktop app users will remain with them even after your account has been deleted.
(4) The right to extraordinary termination of this contract for an important reason remains unaffected.
Place of jurisdiction
If you act as a company or are a merchant within the meaning of the HGB, our registered office is the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions of the relevant court apply.
Online dispute resolution
Information on online dispute settlement for consumers: We point out the possibility of online settlement of disputes (so-called “OS platform”). Consumers can use the OS platform as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase or service contracts. The OS platform can be reached under the following link: http://ec.europa.eu/consumers/odr. We are ready to take part in the settlement of disputes about this OS platform.
(1) Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would disadvantage one of the contracting parties so unreasonably that they would no longer be able to adhere to the contract can be expected.
(2) Changes and additions to this contract must be made in writing to be effective. Changes to the contract will take effect if you do not object to a change in text form within one month of receipt of a notification of change and we have informed you in advance of your right to object. If you object to the change, the contract continues to apply unchanged and we are entitled to extraordinary termination of the contract with one month’s notice to the end of the next calendar month. The text form also applies to changes to this form clause. The priority of individual subsidiary agreements remains unaffected.
(3) You are not entitled to transfer the rights from a contract concluded with us to another person.
Regulations regarding services subject to remuneration
Conclusion of a contract for the use of chargeable services
(1) A contract for the use of chargeable services is concluded (subject to Clause 12.2 on the acquisition of chargeable app and in-app purchases) as follows:
- In our mobile app you will find information about the content and costs of the chargeable services we offer. This information does not yet represent an offer to conclude a contract for the use of our services.
- Only by submitting the relevant booking form are you making a binding offer to conclude a contract for the corresponding service.
- Before submitting the booking form, we will inform you that the booking is subject to costs and give you the opportunity to take note of these terms and conditions.
- Furthermore, we give you the opportunity to check your entries and, if necessary, correct them before submitting the booking form.
- After submitting the booking form, you will receive a confirmation of receipt of your booking from us at the email address you provided. This confirmation of receipt is basically also represents the acceptance of your offer to book the service.
- In this e-mail or in a separate e-mail, we will send you the text of the contract (consisting of the order, terms and conditions and order confirmation and invoice) (contract confirmation).
- With the full payment of the acquired services, you receive ‘immediate access to the services.
(2) App and in-app purchases are made as follows:
- The purchase and download of a paid version or an upgrade of our DiBooq Mobile app takes place in the app store (hereinafter referred to as “app purchase”). The app purchase is processed by the app store. The conclusion of the contract and the processing of payments are based on the terms and conditions of the app store.
- It may be possible to purchase paid functions directly in the mobile app (hereinafter referred to as “in-app purchase”). The in-app purchase is processed by the app store. The conclusion of the contract and the processing of payments are based on the terms and conditions of the app store.> ´
- The “purchase” of a chargeable version of the DiBooq Mobile app or an upgrade and / or the acquisition of chargeable functions basically means. only the granting of a right of use to it. The scope and duration of the granted right of use depend on the respective service (for the right of use see above).
Remuneration & terms of payment
(1) You can basically use our services. at the conditions of the selected price model, which can be viewed at www.dibooq.com/en/legal/service_description or according to the conditions of the offer individually created for you.
(2) Each remuneration is plus Sales tax at the statutory rate at the time and place of the provision of the service.
(3) The remuneration for the services to be provided by us is to be paid in advance for the selected accounting period. If our remuneration is calculated on a commission basis, an invoice is usually issued monthly in arrears.
(4) Our invoices are due upon receipt by you and are to be paid without deductions within fourteen calendar days.
(1) If you use our services as a consumer, you can revoke the contract that has come about between us about our services as follows:
(2) Cancellation policy
You can revoke your contract declaration within 14 days in text form (e.g. letter, email) without giving reasons. The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before the fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB as well as our obligations according to § 312 e Abs. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the cancellation is sufficient to meet the cancellation deadline. The revocation must be sent to:
14473 Potsdam (Germany)
Tel: +49 179 4918329
(3) Consequences of cancellation
If you effectively cancel the contract or individual bookings, we will repay all payments that we have received from you within the framework of the canceled service / booking immediately and at the latest within fourteen days from the date on which the notification of your cancellation of this contract was given has been received by us. In no case will you be charged any fees for this repayment. Special notes The right of cancellation expires as soon as the service to which the canceled booking relates has been carried out.
– End of the statutory cancellation policy –
Model withdrawal form
(If you want to cancel the contract / a service / a booking, you can fill out this form and return it to us. However, you are not obliged to comply with this form)
14473 Potsdam (Germany)
Tel: +49 179 4918329
I / we hereby revoke the contract concluded by me / us for the provision of the following service (*)
Ordered on (________________) / received on (__________________)
Name of the consumer (s) ___________________
Address of the consumer (s) _____________________________________________________________
Signature of the consumer (s) __________________
(only with notification on paper)
(*) Delete where inapplicable.
Status: September 2021