(For ESPATU Platform Partner terms scroll down)
ESPATU Platform Customer Terms
of
ESPATU UG (haftungsbeschränkt)
Hasselstr. 3
65812 Bad Soden am Taunus
Germany
(hereinafter „ESPATU”)
for customers and users of ESPATU Platform
Welcome to ESPATU. Your platform for the quick and easy booking of premises for yourself or your company. With the ESPATU Platform, we want to give you personally, your company and your employees the opportunity to work flexibly from a wide variety of locations, to be creative or to pursue your hobby and at the same time benefit from a complete range of equipment and infrastructure. It's very simple. Simply register, choose a space and book. ESPATU makes living and working in the future possible. Flexible and independent. We hope you enjoy using the ESPATU Platform.
I. General
1. Applicability
1.1. These General Terms and Conditions (“GTC”) apply to the use of the ESPATU Platform as well as to all legal transactions of ESPATU UG (haftungsbeschränkt) (hereinafter referred to as “ESPATU” or “we”) with you as a contractual partner (hereinafter referred to as “customer” or “you”) regarding the brokerage of premises offered on our ESPATU Platform by our partners and which are concluded via our ESPATU Platform (“ESPATU Platform”).
1.2. The ESPATU Platform therefore offers third-party services (“Partners”).With regard to the services offered by the Partners on the ESPATU Platform, we act as a technical service provider and intermediary for the corresponding contracts that are concluded directly between you as a customer and the Partners.If a partner has its own terms and conditions in addition to these customer terms and conditions and our booking conditions, these must also be accepted by you.When and whether a contract is concluded between you and a partner via a service offered on the ESPATU Platform is made clear by the explicit naming of the partner in the booking process and a reference to its terms and conditions.
1.3. These GTC apply regardless of whether you are acting as a consumer, entrepreneur or merchant. However, some special features apply to consumers, which we may point out at the appropriate places in these GTC. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB).An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 BGB).
1.4. These GTC apply exclusively with regard to our Platform Services provided to you. Deviating terms and conditions do not apply to us and therefore do not become part of the contract. The validity of such terms and conditions is expressly rejected. The precedence of individual agreements between the parties remains unaffected. Individual agreements between us in offers, order confirmations and declarations of acceptance shall take precedence over the provisions of these GTC.
2. Object
2.1. With the ESPATU Platform, we provide you with an intermediary platform for the services of our partners, i.e. premises and other related services. The services of our partners are in particular the offer of premises for professional or private activities and related services, such as courses or coaching (hereinafter also referred to collectively as “Partner Services”). The exact partner service portfolio can be found in the presentation of the various Partner Services on our ESPATU Platform as part of the booking process. With each booking of Partner Services via our ESPATU Platform, an agency agreement is concluded between you and us regarding the use of Partner Services.
2.2. The services we provide to you in connection with the use of our ESPATU Platform are, in particular, the technical provision of the platform and its functions, the issuing of Partner Services, the facilitation of the online booking process, including the cancellation function, or the processing of payment obligations between you and the partners (hereinafter also referred to collectively as “Platform Services”). You can see the exact platform service portfolio when using the ESPATU Platform and in the presentation of our features under LINK.
2.3. By accepting these ESPATU Platform Customer GTC, a contract of use is concluded between us regarding the use of our Platform Services. If we process personal data on your behalf as part of the contractual relationship with you, this processing is carried out on the basis of the data processing agreement pursuant to Art. 28 GDPR (“DPA”), which takes effect immediately upon the contract becoming effective. The applicable DPA is available on our website at LINK.
2.4. If you wish to use our Platform Services and the Partner Services for yourself or for other persons (hereinafter also referred to as “Corporate Customer”), you must pass on the provisions of these ESPATU Platform Customer GTC (in particular sections 3 - 8) and the terms and conditions of our Partners to all other persons and users who use our Platform Services and the Partner Services. By accepting these ESPATU Platform Customer T&Cs, you therefore declare that you are authorized to pass on corresponding obligations to all persons in a legally binding manner and to make declarations for all persons who will use our Platform Services or the Partner Services together with you or in connection with your declarations under the contracts concluded between us.
3. Registration and Use
3.1. You can make use of our ESPATU Platform Services and Partner Services as follows.
3.2. The booking of Partner Services on our ESPATU Platform is possible both as a registered customer and as a guest. Natural persons with unlimited legal capacity as well as legal entities and partnerships with legal capacity can register as customers.
3.3. If you wish to use our Platform Services and Partner Services as a corporate customer, you can create individual employees and other third parties as authorized users of our Platform Services and Partner Services via a dashboard provided to you after registering your company, depending on the availability of the feature. By creating authorized users, you agree that they can use our Platform Services and Partner Services on your behalf and that you can legally bind them.
3.4. Unless otherwise agreed, the registration form provided on our ESPATU Platform must be filled out completely and truthfully and sent to us for registration. Your details must not infringe the rights of third parties or offend common decency. We are entitled to request written evidence to verify the data provided.
3.5. By submitting the registration form or by placing an order to become a customer, you submit a binding offer to us to conclude a contract of use for the use of the ESPATU Platform. The contract of use is concluded when we confirm your registration and activate your user account.
3.6. We have the right to block or exclude you or users created by you from using our Platform Services and to delete your user account if we have reasonable grounds to believe that you have violated essential obligations of these GTC or have violated the law. In such a case, we will inform you of the planned exclusion by email and give you the opportunity to respond within a reasonable period of time. In any case, we will take your legitimate interests into account when deciding whether to block or exclude you and evaluate your comments accordingly. We will inform you of the result before blocking or excluding you. The right to extraordinary termination remains unaffected.
4. Contract
4.1. A contract for the use of Partner Services on our ESPATU Platform is concluded in accordance with the following provisions. If users created by you as corporate customers make use of Partner Services, the following provisions apply with the proviso that these users legally bind you by completing the booking process.
4.2. On our ESPATU Platform you will find information about the content and costs of the Partner Services offered by our partners. This information itself does not constitute an offer to conclude a contract, but merely a non-binding invitation to book these Partner Services.
4.3. Only by completing the corresponding booking process do you submit a binding offer to us as a representative of the partner to conclude a contract with the partner for the booking of the corresponding Partner Services. We accept this offer in relation to the Partner Services as the representative of the Partner.
4.4. Before completing the booking process, we will inform you of the costs and the exact price of the partner service and give you the opportunity to take note of these GTC and the terms and conditions of the partners. Furthermore, we will give you the opportunity to check and, if necessary, correct your entries before completing the booking process.
4.5. By completing the booking process, you recognize in particular the terms and conditions as well as the other contractual contents mentioned in the booking process as binding.
4.6. After completing the booking process, you will receive a confirmation of receipt of your booking from us to the e-mail address you have provided. This confirmation of receipt represents the acceptance of your offer to conclude a contract for the Partner Services - subject to deviating provisions in the booking process or in the confirmation of receipt itself, in particular in the case of a booking on request. In the case of a booking on request, you will receive a further confirmation email if the booking is successful. This confirmation email then represents the acceptance of your offer to conclude a contract for the Partner Services. We declare acceptance to you in relation to the Partner Services as a representative of the partners.
4.7. Upon full payment of the purchased Partner Services, you shall receive the right to use the Partner Services booked by you in accordance with the provisions set out in these GTC and in the applicable terms and conditions of the Partner.
5. Remuneration
5.1. You will be informed of the type and amount of remuneration for the Partner Services purchased during the booking process. If VAT is not shown separately, all prices include statutory VAT. Unless otherwise agreed, the remuneration is due for payment immediately upon receipt of a proper and verifiable invoice, which is usually sent together with the confirmation of receipt.
5.2. Payment of the remuneration for the Partner Services purchased can be processed via payment service providers that we integrate into the booking process.
5.3. We will inform you of the specific modalities for processing the booking via one of the aforementioned means of payment during the booking process. We will not charge you a separate fee for any of the aforementioned payment methods.
6. Terms of Partners
6.1. As described above, partners offer their Partner Services on the ESPATU Platform. This means that the contract for the purchase of Partner Services is concluded between you and the partners. We are merely the intermediary of such services. A brokerage contract is therefore concluded between you and us, which is governed by these GTC.
6.2. The specific terms and conditions that apply between you and the respective partner are based exclusively on the information provided by the respective partner, which you can view as part of the booking process and which become part of the contract concluded between you and the partner by us as an intermediary.
6.3. In the event of problems with the booked Partner Services or other problems in connection with your booking, you must contact the relevant partner. We will be happy to assist you in this regard within the scope of our possibilities by contacting us via E-MAIL. However, in this case, you and the partner are the only contractual partners with regard to your booking of Partner Services.
6.4. The terms and conditions of the partners apply exclusively with regard to the Partner Services you have booked with them. Any deviating terms and conditions of you as a customer of the partners are not accepted by the partners and are therefore not part of the contract. The validity of such terms and conditions is hereby expressly rejected on behalf of the partners. The precedence of individual agreements between you and the partner remains unaffected.
7. Rating of Partner Services
You have the opportunity to rate the Partner Services offered on our platform. These ratings may only contain truthful information and may only relate to the implementation, content and quality of the Partner Services. As a rule, we do not check the reviews. However, we are entitled to delete reviews that violate the aforementioned provisions.
8. Term & Termination of Partner Services
8.1. The duration of the contract concluded between you and the partner is based on the duration of the service you have booked. Each contract ends automatically at the end of the agreed service provision or at the end of the agreed booking period.
8.2. All other rights and obligations, in particular those relating to cancellation options, changes to your booking, withdrawal from the Partner Services, your duties of care and warranty obligations can be found in the ESPATU Booking Conditions.
9. Term & Termination of Platform Services
9.1. The user contract for the use of our Platform Services is concluded for the duration selected in the offer, in the contract or in the booking process for our Platform Services, otherwise and in the absence of specific information for an indefinite period (“basic term”).
9.2. In principle, you acquire our Platform Services under the conditions of the selected price model or according to the conditions of the offer individually created for you.
9.3. If we charge a fee for individual booking processes, we will expressly inform you of this, including all payment modalities, in the offer, in the contract or in the booking process.
9.4. If we provide you with services, such as workshops or customizations with regard to our platform, we will charge you for these services on a time and material basis, subject to separate agreements.
9.5. Termination of the contract of use for our Platform Services is possible at any time. The provisions on termination can be found in the offer, the contract or the booking process for our Platform Services. Otherwise, i.e. in the absence of a provision in the aforementioned documents and processes, the following applies: The notice period for both parties is one month to the end of the term or, in the case of an indefinite term, to the end of a month. Notice of termination can be given in text form or by terminating the use of our services in your admin area. If the contract is not terminated, it will be extended by the duration of the basic term.
9.6. When the termination takes effect, access to our Platform Services will be blocked for you and your users. We will delete your access completely. Support services in connection with the termination can be provided by us on request and, if necessary, for a separate fee.Jede an uns für die Erbringung unserer Plattform Leistungen oder Dienstleistungen zu zahlende Vergütung versteht sich zzgl. Umsatzsteuer in gesetzlicher Höhe zum Zeitpunkt und am Ort der Erbringung der Leistung. Wir sind berechtigt, sämtliche Vergütungen über Zahlungsdienstleister einzuziehen. Sollten wir dies tun, so hast Du bei der Nutzung dieser Zahlungsdienstleister ebenfalls deren Geschäftsbedingungen zu beachten. Für keinen der Zahlungsdienstleister erheben wir von Dir eine gesonderte Gebühr.
9.7. The remuneration for the Platform Services to be provided by us is to be paid by you in advance for the corresponding contractual month. We are also entitled to invoice you for the respective remuneration for up to 12 months in advance.
9.8. Our invoices are due upon receipt by you and are payable without deductions within fourteen calendar days to our account specified in the invoice.
10. Liability & Warranty
10.1. Our liability arising from the contracts concluded between us for the provision of our Platform Services and other services, regardless of the legal basis, for your damages that do not result from injury to life, body or health, is limited in amount to the typically foreseeable damages at the time of conclusion of the contract, provided that the damage was not caused by us or by a legal representative or vicarious agent either intentionally or through gross negligence.
10.2. This limitation of liability shall not apply if the damage is based on a culpable breach of material contractual obligations by us or by a legal representative or vicarious agent. A material contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely.
10.3. All rights and obligations, in particular with regard to liability and warranty arising from the contractual relationship between you and the Partner, are governed by the terms and conditions of the respective Partner applicable to your booking and the ESPATU Cancellation and Withdrawal Policy.
10.4. We assume neither a warranty nor a guarantee for the reliability, completeness, usability and quality of the Partner Services. Regulations on these aspects are conclusively set out in the terms and conditions of the respective partners, for which the respective partner is responsible. If defects in the reliability, completeness, usability and quality as well as other errors of the Partner Services are based on incorrect information that you have provided on the ESPATU Platform or as part of the booking process, any liability on our part is excluded.
10.5. Liability arising from the contract concluded between you and the partner for the use of Partner Services is governed by the respective terms and conditions of the partner. If claims are made against us due to actions or omissions by you or users created by you arising from this legal relationship, you shall indemnify us against such claims at our request and reimburse us for the reasonable costs of legal action, if incurred.
11. Availability
For technical reasons, we cannot guarantee permanent and complete availability of the servers on which our Platform Services are operated. The availability of our ESPATU Platform or individual functions may therefore be limited from time to time, in particular due to the need to carry out maintenance or repair work. We will inform you in good time about planned maintenance work and its scope by posting a notice on our website. Should the system fail unexpectedly, we will inform you of the extent and duration of the outage as soon as possible..
12. ESPATU Plattform Guidelines
12.1. With our ESPATU Platform and its functions, we merely provide you with a technical basis for the purposes to be mapped by you. We assume no responsibility for the actions carried out with our ESPATU Platform or for the content processed with our ESPATU Platform. The legal regulations, agreements and contracts that you conclude with the partners, your employees etc. with whom or for whom you use our ESPATU Platform apply exclusively to all actions performed and content processed by you using our ESPATU Platform.
12.2. For the use of our Platform Services within the framework of the existing user contract between us, the provisions of tenancy law apply in principle. Maintenance measures such as troubleshooting, updates or further developments are part of our service.
12.3. Adjustments, changes and additions to our Platform Services as well as measures that serve to identify and rectify malfunctions may lead to a temporary interruption or impairment of accessibility. If possible, we will carry out major maintenance work that could lead to a malfunction of our services outside normal business hours.
12.4. You may not make our Platform Services available to third parties for commercial use.
12.5. Links or functionalities on our ESPATU Platform may take you to 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.
12.6. We reserve the right to change, adapt and increase or reduce the functional scope of our Platform Services and the related documents and attachments, taking your interests into account, provided that we do not thereby violate our contractually assumed essential contractual obligations towards you.
12.7. We secure our systems against virus attacks. Nevertheless, virus infestation can never be completely ruled out. In addition, it is possible that unauthorized third parties may send messages using our name without our consent that contain viruses or so-called spyware, for example, or link to web content that contains viruses or spyware. We have no influence over this. You should therefore check all incoming messages that are sent under our name. Wir sind nicht verantwortlich für Schäden oder Datenverluste, die durch die Installation von Software, die nicht von uns herrührt, auf Deinen Endgeräten entstehen können.
12.8. You are responsible for the actions of the users you create and are liable for them as for your own actions.
12.9. You undertake not to disclose your user account data or use the user account of a third party under any circumstances. If a third party uses your user account after obtaining the access data because you have not adequately secured it against unauthorized access, you must allow yourself to be treated as if you had acted yourself.
12.10. In the event of reasonable suspicion that access data has been disclosed to unauthorized third parties, we are entitled for security reasons to change the access data independently without prior notice or to block your user account. We will inform you of this immediately and provide you with the new access data within a reasonable period of time. You have no right to demand that the original access data be restored.
12.11. You must inform us immediately as soon as you become aware that unauthorized third parties are aware of the access data to your user account or that unauthorized third parties are using your end device. We would like to point out that access data should be changed regularly for security reasons.
12.12. When using our ESPATU Platform, you are prohibited from
· infringe third-party property rights such as trademarks, copyrights and naming rights,
· harass, insult, defraud or disparage other customers, users and third parties and in particular our partners,
· use measures, mechanisms or software in connection with the ESPATU Platform that may disrupt the function and operation of the ESPATU Platform,
· take any action that may result in an unreasonable or excessive load on the technical capacities of the ESPATU Platform,
· block, overwrite or modify content,
· add elements to the ESPATU Platform or change, delete or modify elements of the ESPATU Platform in any other way,
· copy, extract or otherwise use graphic elements or attempt to decompile the source code of the ESPATU Platform (subject to § 69e UrhG),
· use tools that interfere with the operation of the ESPATU Platform (in particular so-called “bots”, “hacks” etc.),
· to obtain premium functions or other advantages, such as the systematic or automatic control of the ESPATU Platform or individual functions of the ESPATU Platform, by using third-party software or other applications or to exploit program errors for their own benefit (“exploits”),
· distribute unauthorized commercial advertising for third-party products or programs in connection with our Platform Services,
· to use malicious or virus-infected documents, files, third-party IT systems and data in connection with our Platform Services,
· use mechanisms, software and scripts that go beyond the functionalities and interfaces provided, in particular if this blocks, modifies, copies or overwrites our Platform Services, and
· to impair our Platform Services through data modification (Section 303a StGB), computer sabotage (Section 303b StGB), falsification of evidence-relevant data (Sections 269, 270 StGB), suppression of evidence-relevant data (Section 274 StGB), computer fraud (Section 263a StGB), spying on data (Section 202a StGB), interception of data (Section 202b StGB) or other criminal offenses
13. Rights of Use of Platform
a. Software Use & General
13.1. You shall receive a simple, non-exclusive right to use our Platform Services for the duration of the license agreement and for an unlimited period of time.
13.2. Your majority-owned group companies and the users created by you are equally entitled to use the Platform Services, provided that licenses have been acquired in this regard. An independent authorization to sublicense or otherwise transfer your rights of use is not associated with this. This right of use ends when the group company no longer meets the requirements of an affiliated company (e.g. as defined in Sections 15 et seq. of the German Stock Corporation Act (AktG)).
13.3. You are not authorized to exhibit, communicate to the public, in particular to make available to the public, edit, redesign, translate, decompile or otherwise redesign our ESPATU Platform and our Platform Services. Your rights under Sections 69d (3) and 69e UrhG remain unaffected.
13.4. We are entitled to use our Platform Services, including new releases, as well as other general know-how, experience, methods and procedures developed in connection with the contract for other purposes (provision to third parties, as open source software, etc.).
13.5. Unless otherwise agreed, test and demo licenses are limited to a term of up to 30 days.
b. Open Source Software
13.6. We grant you such rights to the open source software contained in our Platform Services as can be transferred to you in accordance with the license terms applicable to us. You are permitted to use our Platform Services exclusively within the scope of these license terms. We assume no warranty or liability for any use beyond this.
14. Applicable Law & Place of Jurisdiction
The law of the Federal Republic of Germany shall apply. If you are acting as a company or are a merchant within the meaning of the German Commercial Code (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 on the competent court shall apply.
15. Online-Dispute-Resolution
15.1. Information on online dispute resolution for consumers: We draw your attention to the possibility of online dispute resolution (so-called “ODR platform”). Consumers can use the ODR platform as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr. We are not prepared to participate in the settlement of disputes via this ODR platform.
15.2. Note on § 36 VSBG: We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so.
16. Right of Revocation
If you wish to make use of the Partner Services as a consumer, the following applies: With the option of booking the Partner Services, we offer you services with the option of booking time periods on a scheduled basis. The distance selling law according to § 312 g paragraph 2 no. 9 BGB does not apply to these services. This means that you have no right of withdrawal with regard to your declaration of intent to book Partner Services.
17. Miscellaneous
17.1. Amendments and additions to the GTC and the entire contract existing between us must be made in text form in order to be effective. Amendments and additions to the contract that are (or must be) made by us due to changed legal or technical requirements for the provision of our services and that have no negative effects on the services to which you are entitled shall become effective if you do not object to an amendment in text form within one month of receipt of a notification of amendment and we have informed you in advance of your right of objection. If you object to the change, the contract will continue to apply unchanged and we are entitled to terminate the contract without notice with one month's notice to the end of the next calendar month. Amendments and additions to the contract that we wish to make due to changes in performance, remuneration or other commercial or operational requirements will only become effective if you expressly consent to them. This consent can be given by clicking a consent button in the change notification (e-mail or pop-up when using our services) or in another simple and transparent way provided by us for you. The text form also applies to a change to this formal clause. The precedence of individual ancillary agreements remains unaffected. The aforementioned deadlines do not apply and there is only a right to information about changes to the contract if the changes are necessary to avert an unforeseen and imminent danger in order to protect you from fraud, malware, spam, data protection violations or other cyber security risks.
17.2. Both parties are entitled to transfer the contract to a company affiliated with them, a legal successor or a company taking over the respective services. They shall inform each other of this in text form as part of the planned transfer.
17.3. 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 place a contracting party at such an unreasonable disadvantage that it can no longer reasonably be expected to adhere to the contract.
II. Digital Services Act
We make the following rules because we are obliged to do so under the Digital Services Act, the EU Regulation “(EU) 2022/2065 on a single market for digital services of the European Union”.
The Digital Services Act aims to establish rules that create a safe, predictable and trustworthy environment for people using platforms and websites (hereinafter “Platform”) such as ours.
In particular, the Digital Services Act regulates the handling of illegal content on our Platform and obliges us to take specific measures, which we set out in more detail in these “Digital Services Act Regulations”.
1. Moderation & Justification of the Deletion of Illegal Content
(1) We delete, block or restrict illegal content on our platform. “Content” is any information of any kind. This information is “illegal” if it violates our terms and conditions, service descriptions, guidelines or applicable law.
(2) Illegal content can be reported by users, customers, partners or third parties. For the process of such a reporting procedure, see section 2 “Reporting and redress procedure”.
(3) Insofar as content reported or recognized by us is unlawful and we have deleted, blocked or restricted it, we will justify our decision to delete, block or restrict this content and any suspension or termination of the provision of all or part of our services to the person who published the unlawful content, unless it is misleading, extensive commercial content. In this justification, we communicate the following points in particular:
a. Whether our decision concerns the removal of the information, the blocking of access to the information, the downgrading of the information or the restriction of the display of the information or the suspension or termination of payments in connection with that information, or imposes other specified measures in connection with the information, and the territorial scope of the decision, if any, and the duration of its validity;
b. The facts and circumstances on which our decision is based, including, where applicable, whether our decision was taken as a result of a report made or as a result of a voluntary own-initiative investigation and, where strictly necessary, the identity of the person making the report;
c. Information as to whether automated means have been used to make the decision, including information as to whether our decision was made in relation to content identified or determined by automated means
d. If our decision concerns only “allegedly” unlawful content, a reference to the legal basis and an explanation of why the information is considered unlawful content on that basis;
e. If our decision is based on the alleged incompatibility of the information with our GTC, a reference to the relevant contractual provision and an explanation of why the information is considered incompatible with it;
f. Information on whether the data subject has legal remedies against the measure, in particular - depending on the circumstances - internal complaints management procedures, out-of-court dispute resolution and judicial remedies.
(4) If a criminal offense has been committed through the publication of illegal content, or if the commission of a criminal offense is suspected as a result, we will immediately inform the law enforcement or judicial authorities of our suspicions.
2. Reporting Procedures
(1) We review unlawful content as soon as we become aware of any suspicion of the publication of such unlawful content. We become aware of this either through our own review or by reporting the relevant content to our central contact point (see section 3 below).
(2) Illegal content can be reported directly online. Reports must be sent exclusively to our central contact point (see section 3 below) and must contain at least the following information:
a. A duly substantiated explanation of why the reporting person or entity considers the information in question to be illegal content;
b. Clear indication of the exact location where the content was stored/found, e.g. by means of a precise URL and other relevant information for identifying the content, e.g. screenshots, comments, etc;
c. Name and email address of the reporting person/entity, unless it concerns offenses related to sexual abuse, sexual exploitation, child pornography, contacting children for sexual purposes; including incitement and aiding and abetting or attempt to commit the aforementioned offenses (see EU Directive 2011/93/EU, Art. 3 to 7);
d. A statement that the reporting person or entity has a good faith belief that the information and statements contained in the report are accurate and complete.
(3) We will immediately send the reporting person/entity an electronic confirmation of receipt of the report to the contact details provided.
(4) We examine the reports received promptly, carefully, objectively and free of arbitrariness and decide whether the reported content is illegal without a detailed legal examination and act accordingly. If the reported content is unlawful, we will immediately delete, block or restrict it and, if necessary, take further measures mentioned in section 1 paragraph 3.
3. Central Contact Point for Communication
We have set up a central contact point for communication. This is responsible for receiving electronic reports of suspected illegal content from reporting persons and for inquiries from authorities or third parties relating to the handling of illegal content. Please note the requirements in section 2 for the content of reports.
All persons, authorities or other bodies (press, affected parties, etc.) can report illegal content directly online using our procedure at meldung-dsa@FIRMA.com
We will then deal with all reports as part of the process described in sections 1 to 3
April 2024
____________________________________________________________________________
ESPATU Platform Partner Terms
of
ESPATU UG (haftungsbeschränkt)
Hasselstr. 3
65812 Bad Soden am Taunus
(hereinafter „ESPATU”)
and
[Partner]
(hereinafter „Partner“)
(jointly hereinafter „Parteien“)
Welcome to ESPATU. Your platform for quickly and easily offering your premises and related Services to private individuals, companies and organizations. With the ESPATU Platform, we want to give you personally, your company or your authority the opportunity to offer your premises flexibly so that your Customers and their employees can work, be creative or pursue their hobbies from there and at the same time benefit from a complete range of equipment and infrastructure. It's very simple. Simply register a space and offer it. ESPATU makes living and working in the future possible. Flexible and independent. We hope you enjoy using the ESPATU Platform.
I. General
1.1. The ESPATU Platform is an online platform provided by ESPATU UG (haftungsbeschränkt) for the brokerage of premises and other related Services. On the ESPATU Platform, Partners (hereinafter also referred to as “you” or “Partner”) offer your Services to interested users (hereinafter also referred to as “Customer”). ESPATU and the ESPATU Platform act exclusively as an intermediary for corresponding contracts that are concluded directly between the Customer and you as a Partner. We receive the remuneration specified in this Partner contract for these brokerage Services and for other Services.
1.2. These Partner GTC regulate the relationship between ESPATU and you as a Partner and clarify the legal and economic conditions that apply when brokering your Services to your Customers via the ESPATU Platform. In addition to this brokerage relationship between you and us, a direct contractual relationship is established between you and the respective Customer regarding the purchase of your service.
1.3. This Partner contract applies exclusively with regard to the Services we provide to you. Deviating terms and conditions of the Partner do not apply to us and therefore do not become part of the contract. The validity of such terms and conditions is expressly rejected. The precedence of individual agreements between the parties over this Partner contract remains unaffected.
1.4. The ESPATU Platform is available both to Partners who offer their Services in the exercise of their business activities and thus as companies within the meaning of Section 14 of the German Civil Code (BGB), as public corporations or as special funds under public law, and to Partners who offer their Services as consumers within the meaning of Section 13 BGB. Some special features apply to consumers, which we will point out in the appropriate places.
2.1. With your “ESPATU Platform”, ESPATU offers an intermediary platform for your Services as a Partner (hereinafter also referred to as the “Platform” or “ESPATU Platform”). Your Services are in particular the offer of premises for professional or private activities and associated Services, such as courses or coaching (hereinafter also referred to collectively as “Services”).
2.2. We provide you with Platform Services, such as in particular the display of your Services, so that interested Customers can find out about them and book them directly via our ESPATU Platform in a legally binding manner (hereinafter also referred to as “Platform Services”). With regard to the booking of your Services, these Platform Services also include the option for your Customers to cancel or withdraw from booked Services. You can find the cancellation conditions in our standard pre-formulated ESPATU booking conditions. Customers can be private individuals, freelancers or self-employed persons as well as companies, Partnerships or legal entities who wish to make your Services available to their employees.
2.3. Following a corresponding agreement with you, we will also take over marketing measures for you, such as the acquisition of Customers, the announcement of your Services on social media channels and, if applicable, the shared room concept (hereinafter “marketing measures”).
2.4. Unless expressly agreed otherwise, the contractual relationship regarding the use of your Services arises directly between you and the Customer. In this respect, the ESPATU Platform basically functions as a technical environment for the presentation of your Services. We therefore do not become a contractual Partner of contracts that are concluded directly between you and your Customers.
2.5. Since contracts are concluded directly between you as a Partner and your Customers who book your Services via our platform and the corresponding technical possibilities contained therein, by accepting these Partner GTC you agree to the manner in which these contracts are concluded. The ESPATU Customer T&Cs, just like the ESPATU Booking Conditions, therefore become a direct component of our contractual relationship with you and consequently also a direct component of your contractual relationship with your Customers. Please therefore inform yourself in particular about the technical process of the ESPATU Platform as well as the processing of contracts and the resulting rights. Further explanations can be found in our Customer terms and conditions, which are available at LINK, as well as in our ESPATU booking conditions, which are available at LINK, or which we will be happy to provide to you if required.
2.6. 2.6 The following applies to you as a Partner:
· You are free to choose the time and place of your activities;
· Subject to the provisions of these Partner GTC, you are not subject to any instructions regarding the manner in which you carry out your activities;
· You are independently and solely responsible for the proper tax assessment and treatment of the Services offered by you via our platform and the resulting contracts between you and your Customers;
· You are free to work for other Customers. Our prior consent is not required for this.
3.1. On our ESPATU Platform, we only broker Services and list Partners that meet our requirements. We have set out these requirements below in the ESPATU Partner Guidelines. We reserve the right to adapt these requirements if this is objectively necessary or necessary to guarantee customary safety and quality standards.
3.2. ESPATU Partner Guidelines:
3.2.1. If we make specific specifications regarding the quality, equipment, security, etc. of the premises or other Services offered by you, you must always comply with these.
3.2.2. The display of your Services on the ESPATU Platform, including the presentation of corresponding availabilities, constitutes an offer to Customers to conclude a corresponding contract for the use of your Services, e.g. to book a workplace. This offer can be accepted in a legally binding manner by a Customer booking your Services on the ESPATU Platform, so that a contractual relationship between you and the Customer arises directly.
3.2.3. The deletion of the offer of your Services is possible at any time until they are used by a Customer. When a Customer makes use of your Services, e.g. by booking a workstation for a certain period of time, the corresponding offer is excluded from deletion unless you provide the Customer with an equivalent service. If you delete a service after it has been used and do not provide an equivalent service, you must reimburse all fees for this. Repeated deletion after a service has been used is deemed to be repeated disregard of the provisions of this Partner agreement with the legal consequences specified in section 3.3.
3.2.4. You have the option of (temporarily) deactivating your Partner profile and the Services you offer. The deactivation will only be technically implemented at a point in time when all the Services you have booked have been provided, e.g. when the last booking has been completed. If you wish to offer your Services again, you can reactivate your Partner profile at any time.
3.2.5. You are obliged to create (or have us create) and permanently update and maintain (or have us maintain) your appearance in your Partner profile on the ESPATU Platform in accordance with the requirements for content, allocation, completeness, images & layout and availability of your Services, to comply with the statutory warranty provisions vis-à-vis us and vis-à-vis your Customers (in particular liability for defects) and to observe the agreed terms and conditions vis-à-vis your Customers when providing your Services.
3.2.6. In your Partner area, all data and personal data of your Customers necessary for the provision of your Services and the processing of corresponding booking transactions are visible.
3.2.7. You must apply the standard ESPATU booking conditions pre-formulated by us regarding the rights and obligations of the use of your Services in your Customer relationship. By doing so, you recognize their binding validity in the relationship between you and your Customers.
3.2.8. You must present the required information about your Services on our ESPATU Platform, such as opening hours and Services included with a booking, in a way that is easy for your Customers to understand and comprehend.
3.2.9. You are obliged to comply with the statutory warranty provisions vis-à-vis us and vis-à-vis your Customers (including liability for defects) and to independently and responsibly observe the applicable statutory regulations vis-à-vis your Customers when providing your Services. The same applies to the images, texts, graphics, videos, etc. used to present the service on the ESPATU Platform. These must be permitted and lawful under the applicable law (e.g. copyright law, competition law, etc.).
3.2.10. You must obtain all legal, official, building regulation, commercial, health and safety permits required for the offer and provision of your Services independently and on your own responsibility and present information about these visibly to your Customers.
3.2.11. Your prices must always be transparent and easy for your Customers to understand. There must be no hidden costs. This also applies in particular to the disclosure of VAT.
3.2.12. You are obliged to maintain or take out appropriate insurance cover at your own expense for claims made by your Customers or us (e.g. insurance, public liability and financial loss liability insurance with appropriate cover) so that any damage caused by you and your Services to us or your Customers can be covered by it.
3.2.13. You may not refer to your own website in your Partner profile on the ESPATU Platform, advertise Services offered outside the platform or ask users to contact you outside the platform. You are of course permitted to offer your Services outside the ESPATU Platform. In this respect, there is no obligation of exclusivity.
3.2.14. For all Services and their presentation on the ESPATU Platform, you must also observe the following provisions regarding images, videos, texts and their content, layout and format (“Content”)
· You are the owner of your Content or have all necessary licenses, rights, consents, permissions and authority to authorize us to use Content in accordance with this Affiliate Agreement,
· The Content you use does not infringe or violate the intellectual property rights or other rights of third parties,
· You have the necessary qualifications, evidence and expertise (including the necessary education, training, qualifications, certificates and skills) to create your Content and offer your Services,
· You will ensure that the quality of your Services meets the standards of your industry,
· You will not publish or offer any inappropriate, offensive, racist, inflammatory, sexist, pornographic, false, misleading, inaccurate, infringing, defamatory or libellous content or information,
· You will not post or transmit any unsolicited or unauthorized advertisements, promotional materials, unsolicited or spam messages or other solicitations (commercial or otherwise) as part of your Content for the Customers.
3.3. We are entitled, after stating legitimate reasons, to refuse to sell or broker your Services via our platform and to block or exclude you as a Partner or to terminate the Partner contract extraordinarily if we receive repeated complaints about you or if the provisions of this Partner contract, other requirements communicated by us or compliance with legal regulations are repeatedly disregarded by you. We will inform you of this immediately and give you the opportunity to comment. Prior to a complete blocking or a complete exclusion, we will inform you in advance within a reasonable period of time, stating the reasons. If you remove the reason that led to the rejection, blocking or exclusion, we will consider resuming your Services on our platform.
4.1 Our presentation of the results of search queries (ranking) to Customers is based on the following criteria
· Distance (if GPS tracking is enabled)
· Filter criteria (e.g. equipment features)
· Keyword search (you can search for a city or a specific spa name in the text search).
· Pre-selection of Partners: e.g. when a Customer activates limited Partners for their employees or users.
You can book “advertising spaces” on the ESPATU Platform for a separate fee. By booking an advertising space, the placement of your service or your Partner profile is improved. You are responsible for the use and design of the advertising space in accordance with the ESPATU Partner Guidelines. No insertions (e.g. CPM) can be guaranteed for the “advertising space” (advertising banner). The ranking of the placement of the advertising space booked by you is designed in such a way that each advertising banner appears in the most relevant places on our platform on an equal footing with advertising banners booked by other Partners within the framework of the booked advertising conditions.
5.1. We are entitled to carry out a quality check on you before or during the provision of Services on the ESPATU Platform. This will be carried out either by us or by a third party commissioned by us, who will be fully bound to secrecy.
5.2. The quality check relates to the suitability of your Services for the target group addressed by the ESPATU Platform and the quality of your Services. In particular, we check your premises, their availability, your reliability and previous Customer satisfaction.
5.3. If we determine during this quality check that you do not meet the requirements of the ESPATU Platform, we can refuse to conclude this Partner contract or the legal consequences of section 3.3 apply.
6.1. We may request a self-disclosure from you to prove that you are acting in accordance with the contract.
6.2. Self-disclosure may be carried out in particular if there is a concrete suspicion of breach of contract, e.g. to check whether the required quality standards are being met.
6.3. Each party shall bear the costs incurred by a self-disclosure itself.
If you have the Services to be provided by you performed in whole or in part by subcontractors, you must ensure that these subcontractors fulfill all obligations arising from this Partner agreement. You are responsible for all actions of your subcontractors and are responsible for the fault of your subcontractors to the same extent as your own fault.
8.1. In order to use the ESPATU Platform as a booking platform, a one-time registration as a Partner is required. By clicking on the corresponding button (e.g. “Register”), you submit a legally binding application to us. If you make this registration for a company or other organization, a Partnership or a legal entity, you guarantee that you are entitled to legally represent and bind them. Your application will be confirmed or rejected by us at our sole discretion. With our confirmation, a contract is concluded between us and you for the use of the Services of the ESPATU Platform.
8.2. In your Partner profile, you must upload documents such as your logo, imprint and, subject to separate agreements, your own general terms and conditions, terms and conditions, as well as other contractually or legally required information regarding your offer and your Services, etc., which are relevant for the sale of Services via the ESPATU Platform. These will be displayed to Customers during the booking process and agreed as binding.
8.3. In your Partner area, you can inform yourself at any time about relevant actions and transactions of your Services on the ESPATU Platform. In your dashboard, you can find out about all relevant key figures such as contact details and bookings of your Services by your Customers, the number of bookings, the corresponding remuneration for the bookings, in particular the personal data of your Customers or the most frequently booked Services.
8.4. You are responsible for the information you provide in your Partner profile and, if provided by you, in the individual service descriptions. The data you enter on our platform must be complete and truthful. Your details must not infringe the rights of third parties, in particular name and trademark rights. You may not pass on your stored data, passwords etc. to third parties. Your membership is to be used exclusively by yourself.
9.1. For each successful booking of your Services via our ESPATU Platform or through our agency Services, we will receive a commission from you amounting to 15% of the net turnover achieved by you with the booking of your Services. We charge you an additional service fee of EUR 5.00 for each booking of your service. The aforementioned fee is deemed to be remuneration for all our Platform Services as well as our marketing and support measures. The remuneration to which we are entitled is subject to VAT at the statutory rate.
9.2. We will provide you with an evaluation in your Partner area about
· the number of Services booked by you with the help of our Platform Services (in particular via the ESPATU Platform)
· the total net turnover achieved by you as a result,
· any reversals and cancelations of contracts concluded by you that are registered with us.
9.3. We will pay you the fees paid by Customers for your Services regularly, at least once a month, less our fee.
9.4. We are entitled to use payment service providers for the entire billing process. You may have to enter into a separate contractual relationship with these payment service providers in order to use them. We are not responsible for this contractual relationship between you and the payment service providers.
9.5. If you have issued a voucher to the Customer for the use of your Services, we are also entitled to claim or retain our commission if the Customer does not redeem this voucher during its term and it therefore expires.
9.6. In the event of justified withdrawal, cancellation, etc. of Services purchased via our agency Services, with the result that you (partially) lose the claim for remuneration against the Customer, our commission claim shall lapse (also retroactively and, if applicable, pro rata). Payments already made at this point in time must be refunded (pro rata if applicable).
10.1. In principle, liability under this Partner contract is limited to the amount of the order value. We shall be liable for direct property damage and financial loss caused to you by ourselves up to EUR 10,000 per loss event, up to a maximum of EUR 20,000 per year of the contract term, irrespective of the number of loss events.
10.2. In the event of simple negligence, we shall only be liable if a material contractual obligation has been breached. An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of a contract and on whose compliance the other party may regularly rely. In the case of simple negligence, liability is limited to the foreseeable damage typical of the contract. Liability for compensation for indirect property damage and financial loss, in particular loss of profit, is completely excluded in the event of simple negligence. In the event of force majeure or use free of charge, our liability for simple negligence is excluded in its entirety.
10.3. We shall be liable without limitation in terms of amount in the event of injury to life, limb or health and in the event of willful or fraudulent action. The same applies to the written assumption of a guarantee for the quality or durability of a service to be provided by the parties. Liability under the Product Liability Act remains unaffected.
10.4. You are responsible for the fault of your subcontractors as if it were your own fault.
10.5. Should you breach your obligations under this contract, in particular the obligations set out in Clause 3, you shall indemnify us against any resulting liability and claims by third parties on first demand and reimburse us for any reasonable costs of legal action.
10.6. You are fully responsible for the contractual relationship between you and your Customers. Should a claim be made against us by one of your Customers, you must indemnify us against any resulting liability and claims on first demand and reimburse us for the reasonable costs of legal action.
11.1. You grant us all (copyrights) rights of use and industrial property rights to your Services, company names, brand names, content, etc. necessary for marketing, distribution and, if applicable, support measures.
11.2. You guarantee that your Services are free from conflicting third-party rights. Please inform us immediately in text form if you become aware of third-party rights to your Services.
11.3. You shall indemnify us against any claims, in particular claims for payment and damages due to the infringement of third-party rights by your Services or your content. At your request, we shall grant you the right to defend yourself against the claims asserted by third parties and to provide you with all necessary information, explanations and authorizations.
If you obtain knowledge of (personal) data from us or Customers under this contract, you guarantee that you will only process this data in an authorized manner and for a purpose in accordance with the contract and in compliance with the legal requirements. In the event that personal data is processed by us or by you in accordance with instructions and for the intended purpose, we will conclude a corresponding order processing contract in accordance with Art. 28 GDPR at your separate request.
We have access to personal data and other data that you or Customers provide for the use of your Services or that is generated as part of the provision of our platform. Further details on data protection are regulated in our privacy policy and, if applicable, in the order processing contract.
13.1. 13.1 In the course of the cooperation, the parties gain knowledge of business secrets of the other party or third parties, in particular of Customers. A trade secret is information that is not generally known or readily accessible, either in its entirety or in the precise arrangement and composition of its components, to persons in the circles that normally deal with this type of information and is therefore of economic value and is the subject of appropriate confidentiality measures and for which there is a legitimate interest in confidentiality (cf. Section 2 GeschGehG). A trade secret is also information that is marked as a trade secret, that is protected by industrial property rights or copyright, that is subject to banking secrecy or data protection and for which there is a legitimate interest in confidentiality. Information that is known to the other party prior to disclosure, that has become known to the public after disclosure without the involvement of the disclosed party, that the disclosed party has learned from an authorized third party and that the disclosed party has developed itself is not a trade secret.
13.2. The disclosed party, as well as all those who come into contact with trade secrets as intended, are obliged to treat the trade secrets as strictly confidential and only use them or disclose them to third parties and employees if this is necessary in connection with the business purpose. In all other respects, the disclosed party shall protect the trade secrets from disclosure to third parties.
13.3. Objects, files or other intangible objects containing trade secrets shall be deleted or returned to the disclosing party immediately upon request of the disclosing party or at the latest upon termination of the contractual relationship.
Both parties are entitled to mention the other party, including the logo and brief description of the respective company, in the external presentation. The information required for this, e.g. logo, description texts, version status, contact and support channels, must be provided in advance.
15.1. Adjustments, changes and additions to our Platform Services as well as measures that serve to identify and rectify malfunctions may lead to a temporary interruption or impairment of accessibility. If possible, we will carry out major maintenance work that could lead to a malfunction of our Platform Services outside normal business hours.
15.2. You may not make our Platform Services available to third parties for commercial use.
15.3. We reserve the right to change, adapt and increase or reduce the functional scope of our Platform Services and the related documents and attachments, taking your interests into account, provided that we do not thereby breach our material contractual obligations to you.
15.4. We secure our systems against virus attacks. Nevertheless, virus attacks can never be completely ruled out. In addition, it is possible that unauthorized third parties may send messages using our name without our consent that contain viruses or so-called spyware, for example, or link to web content that contains viruses or spyware. We have no influence over this. You should therefore check all incoming messages that are sent under our name. This also applies to any messages from other users.
15.5. We are not responsible for any damage or loss of data that may result from the installation of software that does not originate from us on your end devices.
15.6. You undertake not to disclose your Partner profile data or use the Partner profile or user account of a third party under any circumstances. If a third party uses your Partner profile after obtaining the access data because you have not adequately secured it against unauthorized access, you must allow yourself to be treated as if you had acted yourself.
15.7. In the event of reasonable suspicion that access data has become known to unauthorized third parties, we are entitled for security reasons to change the access data independently without prior notice or to block your Partner profile. We will inform you of this immediately and provide you with the new access data within a reasonable period of time. You have no right to demand that the original access data be restored.
15.8. You must inform us immediately as soon as you become aware that unauthorized third parties are aware of the access data to your Partner profile or that unauthorized third parties are using your end device. We would like to point out that access data should be changed regularly for security reasons.
1.1. When using our ESPATU Platform, you are prohibited from
· infringe third-party property rights such as trademarks, copyrights and naming rights,
· harass, insult, defraud or disparage other Customers, users and third parties and in particular our Partners,
· use measures, mechanisms or software in connection with the ESPATU Platform that may disrupt the function and operation of the ESPATU Platform,
· take any action that may result in an unreasonable or excessive load on the technical capacities of the ESPATU Platform,
· block, overwrite or modify content,
· add elements to the ESPATU Platform or change, delete or modify elements of the ESPATU Platform in any other way,
· copy, extract or otherwise use graphic elements or attempt to decompile the source code of the ESPATU Platform (subject to § 69e UrhG),
· use tools that interfere with the operation of the ESPATU Platform (in particular so-called “bots”, “hacks” etc.),
· to obtain premium functions or other advantages, such as the systematic or automatic control of the ESPATU Platform or individual functions of the ESPATU Platform, by using third-party software or other applications or to exploit program errors for their own benefit (“exploits”),
· distribute unauthorized commercial advertising for third-party products or programs in connection with our Platform Services,
· to use malicious or virus-infected documents, files, third-party IT systems and data in connection with our Platform Services,
· use mechanisms, software and scripts that go beyond the functionalities and interfaces provided, in particular if this blocks, modifies, copies or overwrites our Platform Services, and
· to impair our Platform Services through data modification (Section 303a StGB), computer sabotage (Section 303b StGB), falsification of evidence-relevant data (Sections 269, 270 StGB), suppression of evidence-relevant data (Section 274 StGB), computer fraud (Section 263a StGB), spying on data (Section 202a StGB), interception of data (Section 202b StGB) or other criminal offenses.
a. Software Use & General
16.1. You receive a simple, non-exclusive right to use our platform, limited in time to the duration of the license agreement and unlimited in terms of territory.
16.2. Your majority-owned group companies and the users created by you are equally entitled to use the software, provided that the relevant licenses have been acquired. An independent authorization to sublicense or otherwise transfer your rights of use is not associated with this. This right of use ends when the group company no longer meets the requirements of an affiliated company (e.g. within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG)).
16.3. You are not authorized to exhibit, publicly reproduce, in particular to make publicly accessible, edit, redesign, translate, decompile or otherwise redesign our ESPATU Platform and our Platform Services. Your rights under Sections 69d (3) and 69e UrhG remain unaffected.
16.4. We are entitled to use our platform, including new releases, as well as other general know-how, experience, methods and procedures developed in connection with the contract for other purposes (provision to third parties, as open source software, etc.).
16.5. Unless otherwise agreed, test and demo licenses are limited to a term of up to 30 days.
b. Open Source Software
16.6. We grant you such rights to the open source software contained in our Platform Services as can be transferred to you in accordance with the license terms applicable to us. You are permitted to use our Platform Services exclusively within the scope of these license terms. We assume no warranty or liability for any use beyond this.
II. Digital Services Act
We make the following rules because we are obliged to do so under the Digital Services Act, the EU Regulation “(EU) 2022/2065 on a single market for digital Services of the European Union”.
The Digital Services Act aims to establish rules that create a safe, predictable and trustworthy environment for people using platforms and websites (hereinafter “Platform”) such as ours.
In particular, the Digital Services Act regulates the handling of illegal content on our Platform and obliges us to take specific measures, which we set out in more detail in these “Digital Services Act Regulations”.
1. Moderation & Justification of the Deletion of Illegal Content
(1) We delete, block or restrict illegal content on our platform. “Content” is any information of any kind. This information is “illegal” if it violates our terms and conditions, service descriptions, guidelines or applicable law.
(2) Illegal content can be reported by users, Customers, Partners or third parties. For the process of such a reporting procedure, see section 2 “Reporting and redress procedure”.
(3) Insofar as content reported or recognized by us is unlawful and we have deleted, blocked or restricted it, we will justify our decision to delete, block or restrict this content and any suspension or termination of the provision of all or part of our Services to the person who published the unlawful content, unless it is misleading, extensive commercial content. In this justification, we communicate the following points in particular:
a. Whether our decision concerns the removal of the information, the blocking of access to the information, the downgrading of the information or the restriction of the display of the information or the suspension or termination of payments in connection with that information, or imposes other specified measures in connection with the information, and the territorial scope of the decision, if any, and the duration of its validity;
b. The facts and circumstances on which our decision is based, including, where applicable, whether our decision was taken as a result of a report made or as a result of a voluntary own-initiative investigation and, where strictly necessary, the identity of the person making the report;
c. Information as to whether automated means have been used to make the decision, including information as to whether our decision was made in relation to content identified or determined by automated means
d. If our decision concerns only “allegedly” unlawful content, a reference to the legal basis and an explanation of why the information is considered unlawful content on that basis;
e. If our decision is based on the alleged incompatibility of the information with our GTC, a reference to the relevant contractual provision and an explanation of why the information is considered incompatible with it;
f. Information on whether the data subject has legal remedies against the measure, in particular - depending on the circumstances - internal complaints management procedures, out-of-court dispute resolution and judicial remedies.
(4) If a criminal offense has been committed through the publication of illegal content, or if the commission of a criminal offense is suspected as a result, we will immediately inform the law enforcement or judicial authorities of our suspicions.
2. Reporting Procedures
(1) We review unlawful content as soon as we become aware of any suspicion of the publication of such unlawful content. We become aware of this either through our own review or by reporting the relevant content to our central contact point (see section 3 below).
(2) Illegal content can be reported directly online. Reports must be sent exclusively to our central contact point (see section 3 below) and must contain at least the following information:
a. A duly substantiated explanation of why the reporting person or entity considers the information in question to be illegal content;
b. Clear indication of the exact location where the content was stored/found, e.g. by means of a precise URL and other relevant information for identifying the content, e.g. screenshots, comments, etc;
c. Name and email address of the reporting person/entity, unless it concerns offenses related to sexual abuse, sexual exploitation, child pornography, contacting children for sexual purposes; including incitement and aiding and abetting or attempt to commit the aforementioned offenses (see EU Directive 2011/93/EU, Art. 3 to 7);
d. A statement that the reporting person or entity has a good faith belief that the information and statements contained in the report are accurate and complete.
(3) We will immediately send the reporting person/entity an electronic confirmation of receipt of the report to the contact details provided.
(4) We examine the reports received promptly, carefully, objectively and free of arbitrariness and decide whether the reported content is illegal without a detailed legal examination and act accordingly. If the reported content is unlawful, we will immediately delete, block or restrict it and, if necessary, take further measures mentioned in section 1 paragraph 3.
3. Central Contact Point for Communication
We have set up a central contact point for communication. This is responsible for receiving electronic reports of suspected illegal content from reporting persons and for inquiries from authorities or third parties relating to the handling of illegal content. Please note the requirements in section 2 for the content of reports.
All persons, authorities or other bodies (press, affected parties, etc.) can report illegal content directly online using our procedure at meldung-dsa@FIRMA.com
We will then deal with all reports as part of the process described in sections 1 to 3
State: April 2024
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