General terms and conditions

§ 1 Scope of application, definitions

(1) For the business relationship between the provider "Smartest Pioneers GmbH" (hereinafter: "Provider") and the customer concluding the service contract (hereinafter: "Customer") as well as the user of the app (hereinafter: "User"), the following General Terms and Conditions shall apply in the version valid at the time of use of the mobile app "Globe Chaser" (hereinafter: "App"). Deviating general terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.

(2) The contract for the offered chargeable packages is concluded exclusively with entrepreneurs. The customer assures to be an entrepreneur.

(3) The customer is a consumer within the meaning of § 13 BGB (German Civil Code), insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, according to § 14 BGB, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The customer can select one of various packages on the provider's website at www.globe-chaser.de (hereinafter: "website") and conclude a membership for a fee. The contract is concluded when the customer has completed the payment process on the website. Payments are made on the App Platform in the browser at https://app.globe-chaser.de/ in the integrated shop system. Mollie Payments is used as the payment service provider. Payments by credit card, direct bank transfer and Paypal are currently accepted. In individual cases, the provider may also accept payments by invoice. This is decided by the provider depending on the creditworthiness of the customer.

In the dashboard of the account, it is possible to book individual additional services (e.g. more participants, device activations, etc.) independently of the booked membership package by completing the payment process.

(2) The contract of use between the provider and the user comes into effect when the user installs and starts the app on his device. The use of the app can also be brought about by third parties, for example by invited participants authorised by the customer.

(3) The customer must ensure that the e-mails sent by the provider can be delivered. In particular, attention must be paid to typing errors in the e-mail address provided when ordering and the spam folder of the e-mail inbox must be checked regularly in the time frame of the order.

(4) The contract shall be concluded in German or English. The text of the contract will be stored in compliance with the provisions of data protection law.

§ 3 Services, download and operation of the app

(1) The Provider offers software for download in the App Stores (Apple and Google) that is free of charge for the User. The customer has the option of concluding various chargeable packages and / or upgrades, which differ in the scope of functions (e.g. with regard to the number of experiences and participants). For the exact scope of functions, please refer to the website. Private customers currently have the opportunity to benefit from a permanently free membership with a limited scope of services. Upgrades and extensions can also be purchased by private customers in the integrated shop system (see § 2 1).

(2) The app offers the customer the possibility to organize and manage outdoor events and the user the possibility to participate in them

(3) Any Internet connection costs shall be borne by the customer/user in accordance with the tariff regulations of the respective mobile network provider.

(4) The customer can log into a desk with his login data of the paid membership concluded with the provider in the app as well as on the website.

(5) By using the App Store, the customer/user agrees to the App Store operator's terms of use applicable there. The Provider cannot influence the terms of use.

(6) The customer/user is responsible for meeting the minimum requirements for the operation of the app. The customer has no right to withdraw from the membership if the App is or becomes incompatible with the device used by the customer/user.

§ 4 Maintenance and accessibility of the app

(1) The provider endeavours to update the app regularly. However, the customer/user has no legal claim to updates of the App.

(2) Maintenance of the systems may result in functional limitations of the app. In order to optimise and increase the performance of the systems provided for the provision of services, the provider provides for maintenance windows, which are generally used outside normal business hours, if they are necessary. During these maintenance periods, the provider may take his technical equipment out of operation to the extent necessary and to a minimum extent. The provider may carry out the maintenance without prior notice.

§ 5 Personal responsibility for the events

(1) For events that can be realized via the App, the customer is responsible for the realization and all costs that may be associated with it. The customer is responsible for the management of the respective event.

(2) Customers and users are themselves responsible for complying with the statutory provisions when participating in events.

(3) Insofar as the customer/user transmits content to the provider, the provider assures that he/she has the necessary rights to do so. The customer/user shall indemnify the provider from any claims of third parties in this respect.

§ 6 Blocking / Deletion of the account

(1) The provider reserves the right to block the account of a customer or user temporarily or permanently if the customer or user behaves in breach of duty.

(2) In the event of deletion, there is no claim to the restoration of earlier data by the provider. The deletion cannot be reversed.

§ 7 Terms of payment

(1) All prices, which are indicated on the website of the provider, are subject to the applicable statutory value added tax, unless otherwise stated. The customer can pay by Paypal, credit card or direct debit, unless otherwise stated on the website of the provider or a different agreement has been made in text form. Paypal fees are borne by the provider. Reference is made to the data protection regulations of the external payment providers. The customer can see these in the privacy policy on the website.

(2) Payment of the purchase price is due immediately upon conclusion of the contract and, depending on the chosen payment method, is due monthly or for one year in advance. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider default interest for the year at a rate of 9 percentage points above the base rate.

(3) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by delay by the provider.

(4) The customer is only entitled to offset against the provider if his counterclaims are legally established, undisputed or acknowledged by the provider. The customer may only exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.

§ 8 Term and termination

Agency customers (single licence and Complete tariffs)

(1) For agency customers, the provider offers three different terms with so-called Complete tariffs. These can be terminated with 14 days' notice at the end of the term (currently 3, 6 and 12 months). The individual licence cannot be terminated or cancelled, as it is purchased digitally and can be used immediately. The single licence can be purchased again at any time. Each individual licence is valid for 60 days after purchase. If it is not used, it expires after 60 days.

Tourist customers (monthly and annual tariffs)

(2) The monthly tourist tariffs (Dörfli, City, Metropole) can be cancelled with 48 hours' notice to the end of the month. If these are not cancelled in time, the memberships are each extended by a further month. The annual memberships (same naming) are each extended by one year. The customer can terminate with a notice period of 14 days to the end of the term.

Private customers (free tariff)

(3) Private customers receive a free tariff that entitles them to use the app on a monthly basis with one experience. Private users therefore do not have to comply with any notice periods for their membership.

Upgrades (agency clients, tourism clients, private clients)

(4) The customer can purchase upgrades in the integrated shop system - depending on the tariff (agency, tourism, private). Upgrades are excluded from free cancellation and the associated right of withdrawal, as they are purchased digitally and can be used immediately. Upgrades do not expire and can be used like consumables (with the exception of account deletion, see point 8).

(5) The right of both parties to extraordinary termination for good cause remains unaffected. The provider is entitled to claim damages if the extraordinary termination is the fault of the customer.

(6) The termination must be in text form to be effective. The date of receipt by the Contractual Partner shall be decisive for the date of termination. The customer (agency customers, tourism customers) can cancel his tariff in the dashboard system by pressing a button provided for this purpose. He must confirm this step in a so-called pop-up window that appears.

(7) Terminated tariffs can be used until the regular end of the term. After the end of the term, the stored data (in particular routes, experiences, challenges) remain saved in the account. However, any upgrades purchased expire at the end of the term. Should the customer wish to use a chargeable tariff again (tourism customers, agency customers), they can conclude a new tariff in the shop system.

(5) The user can terminate his free user relationship at any time without observing a period of notice by declaring this to the provider in text form. In this case, the customer will not receive a proportional refund of fees. The customer himself can have his account deleted by clicking on the button provided for this purpose in the dashboard and confirming a warning notice. By deleting the customer account, the customer loses any right to data backup. Saved user data such as experiences, routes, challenges and contacts will be irrevocably deleted. There is no possibility of accessing this data again after deletion of the customer account. Any upgrades purchased will also be irrevocably deleted.

§ 9 Warranty for defects of quality for digital contents, warranty

(1) The content provided by the provider is for information purposes only. The information has been researched to the best of our knowledge and belief. Unfortunately, changes may occur at short notice in the actions described in the publications, over which the provider has no influence.

(2) If the customer is an entrepreneur, in order to maintain the customer's claims for defects, defects must be reported to the provider in writing without delay, but at the latest within two weeks after download. The App is to be kept ready for inspection by the Provider in the condition it was in at the time the defect was discovered.

(3) Incompatibilities of the app with the device used by the client/user do not constitute a material defect.

(4 ) There is no additional guarantee.

§ Article 10 Liability

(1) Claims of the customer/user for damages are excluded. Excluded from this are claims for damages of the customer/user from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer/User's claims for damages are based on injury to life, body or health.

(3) The liability for lost profit is excluded towards customers.

(4) The restrictions of paragraphs 1 to 3 also apply in favour of the legal representatives and vicarious agents of the provider if claims are made directly against them.

(5) The limitations of liability resulting from paragraphs 1 to 3 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.

§ 11 Copyrights

(1) The contents distributed by the provider are protected by copyright. The customer/user undertakes to acknowledge and observe the copyrights.

(2) The customer/user is only entitled to use the received contents for the purpose of the implementation of the events. It is forbidden to make the contents available for use by third parties on the Internet, in intranets, extranets or otherwise. Public reproduction or other further publication, commercial duplication and resale of the contents is expressly excluded.

(3) For each case of infringement, a contractual penalty to be determined by the Provider at his reasonable discretion and, in the event of a dispute, to be reviewed by the competent court shall be due for payment.

§ 12 Data protection

(1) The customer/user agrees to the storage of personal data within the framework of the legal relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties unless this is necessary for the execution of the contractual/utilization relationship or unless consent has been obtained. Registration data will be stored until the termination of the membership.

(2) If the customer/user transmits personal data from third parties, the customer/user assures that the consent of the third party has been obtained. The customer/user shall indemnify the provider from any claims of third parties in this respect.

(3) The rights of the client/user or the person affected by the data processing are derived in particular from the following standards of the DSGVO:

- Article 7(3) - Right to withdraw consent under data protection law

- Article 15 - Data subject's right of access, confirmation and the right to receive a copy of the personal data

- Article 16 - Right of rectification

- Article 17 - Right of cancellation ("right to be forgotten")

- Article 18 - Right to restrict processing

- Article 20 - Right to data transferability

- Article 21 - Right of objection

- Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling

- Article 77 - Right of appeal to a supervisory authority

(4) In order to exercise the rights, the customer/user or person concerned is requested to contact the provider by e-mail or, in the event of a complaint, to contact the competent supervisory authority.

(5) Reference is made to the privacy policy on the website and the privacy policy of the app.

§ 13 Dispute Settlement

(1 ) The EU out-of-court online dispute resolution platform is available at the following Internet address:

https://ec.europa.eu/consumers/odr/

(2) The supplier is neither willing nor obliged to participate in a dispute settlement procedure before a consumer dispute settlement body.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the parties. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer/user as a consumer has his habitual residence, shall remain unaffected.

(2) The place of jurisdiction and place of performance for all disputes arising from contractual relationships between the parties is the registered office of the provider, if the customer/user is an entrepreneur.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Status: 14.01.2022 (c)2022 Smartest Pioneers GmbH

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