Terms of Use

We have had this document translated for you. You can find the legally binding document in German at this link: https://codecheck-app.com/de/nutzungsbedingungen/

Terms of Use

Terms of Use for using the CodeCheck service of Producto Check GmbH, Management: Caspar von Seckendorff, Ina Zitzmann, Tobias Weishaupt, Chausseestr. 84, 10115 Berlin, Tel.: Tobias Weishaupt, 030-912070; E-mail: [email protected]; AG Berlin Charlbrg. HRB 237898

Valid from 27/07/2023

Terms of Use of the CodeCheck service of Producto Check GmbH

1. Scope of Terms of Use

(1) These Terms of Use apply to the user (hereinafter referred to as "user") and Producto Check GmbH (hereinafter referred to as "operator" or "Producto Check") for the use of the online platform www.codecheck.info and the mobile app (hereinafter collectively referred to as "CodeCheck").

(2) CodeCheck is an internet service provided by the operator that publishes a wide variety of information and opinions on commercial products and invites users to add products to the database themselves and to contribute information and opinions.

(3) All offers are non-binding. The operator expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to temporarily or permanently cease publication.

(4) You can access the currently valid Terms of Use at https://www.codecheck.info/ueber-uns/nutzungsbedingungen .

2. Conclusion of contract and user account

(1) By completing the registration process and creating a profile, a user contract is concluded with the operator. The subject of the user contract is the use of CodeCheck.

(2) As a registered user, the user can create their personalised area and tailor the functions and offers of the operator to their personal interests, as well as provide voluntary information about themselves.

(3) Using the offer requires the user to register with CodeCheck and set up a user account. To register, the user provides their e-mail address and sets a personal password (collectively referred to as “access data” below). The password must meet the security requirements set by the operator. The user must keep their password secret and protect it from access by unauthorised third parties. If the user has lost their password or if they discovers or suspect that their access data is being used by a third party, they must notify the operator immediately.

(4) By submitting the registration form, the user makes an offer to conclude a user contract with Producto Check. If Producto Check accepts the registration, the user receives a confirmation e-mail with a personalised link. Upon receipt of the confirmation e-mail, the user contract is concluded between Producto Check and the user. In order to complete the registration, the user must access the link provided with the confirmation e-mail and thus verify their e-mail address.

(5) A user account can only be created by providing a current user e-mail address or using a so-called single sign-in solution, e.g., Apple or Google. The e-mail address is also used for communication with the operator.

(6) The user guarantees that the data used in the creation of their profile ("profile data") are accurate and complete. The use of pseudonyms is not permitted.

(7) The contract language is exclusively German.

3. Content submission

(1) CodeCheck provides the possibility for users to enter products that do not yet exist in the CodeCheck database and thus add them to the database. Users can also leave comments and ratings on products.

(2) When posting products, the user undertakes to reproduce the information provided by the manufacturer completely and accurately in the manner specified by the manufacturer on the product.

(3) The user also undertakes to observe applicable law (e.g., criminal, competition and youth protection law) when entering, evaluating and commenting on products and not to violate the rights of third parties (e.g., name, trademark, copyright and data protection rights).

(4) The user undertakes to the operator that any content posted by the user on the platform does not violate applicable law or common decency in terms of its content or form. The same applies to the setting of external links. In particular, it is not permitted to distribute content that contains the following:

· racism;

· glorification of violence and extremism of any kind;

· incitement and instigation to commit criminal offences and breaches of the law or threats against life, limb or property;

· hate against persons or companies;

· personally injurious statements, defamation, violation of honour and slander of users and third parties as well as violations of the law on fair trading;

· copyright infringing content or other intellectual property violations;

· sexual harassment of users and third parties;

· pornography;

· offensive, sexist, obscene, vulgar, loathsome, or disgusting materials and expressions;

· surveys or chain letters;

or that represent, concern or contain or which have no specific relation to the respective product in terms of content.

(5) Content protected by copyright may only be included verbatim in contributions without the consent of the respective rights holder within the framework of the applicable citation law. Quotations are to be highlighted using the quotation function and citing the source. Foreign-language quotations must also be translated into German to such an extent that the content is roughly comprehensible. The distribution and/or public reproduction of any content of the platform without the consent of the operator is prohibited.

4. Other obligations of the user

(1) The user may not advertise their own or third-party products without the express permission of the operator. This means in particular that the user may not use any messages with advertising content without the consent of the operator and the recipient (in particular: spam messages).

(2) In the event that the content posted by the user contains hyperlinks to third-party sites, the user assures that they have the right to use the hyperlink and the website to which reference is made ("landing page") with applicable law and rights of third parties.

(3) The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the portal or the technical infrastructure behind it. This includes:

· the use of software and/or scripts in connection with the use of the platform;

· the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, insofar as this is not necessary for the proper use of the platform;

(4) It is also a violation of privacy and therefore not permitted to remove the anonymity of other users or to disclose information from other users from private messages, e-mails or chats that are not intended for the public. Users may not include any information in their posts or make it known in any other way that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.

(5) Should disruptions occur when using the portal or its functionalities, the user will inform the operator of this disruption immediately. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

5. Rights of use

(1) The user grants the operator a spatially and temporally unrestricted, irrevocable, transferable, non-exclusive, free right to exploit the content posted on the platform. The operator is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public access. The user waives the right to name the author. This regulation does not affect the user's ability to grant third parties rights to content posted according to certain licence models.

(2) All rights to the content of the platform are owned by the operator. The user is prohibited from duplicating, distributing and/or publishing content that the operator, other users or third parties have posted on the platform.

6. Customers' right to cancellation

As a customer (Section 13 of the German Civil Code - BGB), the user has a statutory right of withdrawal, about which the operator instructs as follows:

Cancellation policy

Right of cancellation

You have the right to cancel this contract within 14 days without specifying a reason.

The cancellation period is fourteen days from the date the contract is concluded.

In order to exercise the right of cancellation, you must send us (Producto Check GmbH, Chausseestrasse 84, 10115 Berlin, Tel.: 030-912070, e-mail: [email protected]) a clear statement (e.g., a letter sent by post or e-mail) about your decision to cancel this agreement. To do so, you can use the attached sample cancellation form, but this is not compulsory.

To comply with the cancellation period, it is sufficient to send the notification that you are exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you choose to cancel this contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of cancellation from this contract. The refund shall be processed using the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.

Special instructions

Your right of cancellation expires prematurely if we have started to execute the contract after you have expressly agreed that we will begin to execute the contract before the end of the revocation period, and you have confirmed your knowledge of the fact that by agreeing to the start of execution of the contract, you lose your right of cancellation.

Sample cancellation form

(If you would like to withdraw from the contract, please fill out this form and send it back to us.)

Producto Check GmbH
Chausseestrasse 84
10115 Berlin
E-mail: [email protected]

I/we(*) hereby give notice that I/we(*) withdraw from the contract I/we have concluded regarding the purchase of the following goods(*)/provision of the following service(*)

Ordered on (*)/received on (*)

Name of the Customer(s)

Address of the Customer(s)

Signature of the Customer(s) (only required for mailed or faxed messages)

Date

_______
(*) Strike out what does not apply.

7. Blocking and deletion of content and user accounts

(1) The operator is entitled to block access to individual content at any time, e.g., if there is a suspicion that it violates applicable law or the rights of third parties. The user is not entitled to maintain individual content and/or functionalities of the platform.

(2) The operator is entitled to block the user account and to block or delete profiles and other content of the user, if the user does not have a premium CodeCheck subscription. If the user has a premium CodeCheck subscription, the operator may only block the user account if the user violated the terms of use.

8. Liability

(1) The operator is liable for damage to the user in accordance with the statutory provisions if the damage was caused intentionally or through gross negligence, is the result of the non-existence of a guaranteed quality of the service, is based on a culpable violation of essential contractual obligations (see paragraph 2), if it is the result of a culpable injury to health, body or life, or for which liability is provided for under the Product Liability Act.

(2) Significant contractual obligations are those contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and the observance of which the contractual partner can regularly rely on, and the violation of which on the other hand jeopardises the achievement of the purpose of the contract.

(3) In the event of a breach of an essential contractual obligation, the liability is limited to such damages, the occurrence of which must typically and predictably be expected within the framework of the provision of an offer such as CodeCheck. The operator is only liable for non-typical and unforeseeable damage if the damage was caused intentionally; this does not apply if life, limb or health are affected.

(4) Apart from that, the liability of the operator is excluded, regardless of the legal basis.

9. Right to indemnification

The user indemnifies the operator and their employees or agents against all resulting third-party claims in the event of a claim for alleged or actual violation of rights and/or violation of third-party rights through actions taken by the user in connection with the use of the portal. In addition, the user undertakes to reimburse all costs incurred by the operator through claims by third parties. The reimbursable costs also include the costs of an adequate legal defence.

10. Term/termination

(1) The contract runs for an indefinite period and can be terminated by either party at any time without observing a period of notice and giving reasons.

(2) In addition and beyond this, the right of the parties to terminate the contractual relationship through extraordinary termination for good cause remains unaffected.

(3) There is an important reason for the operator to terminate this contract if the customer fulfils their obligations according to the Section 4 or 5 of this contract.

11. Data protection

Explanations on the collection, storage and use of personal information from users can be found in the operator's privacy policy.

12. Assumption of contract by third parties

The operator is entitled to transfer all or part of their rights and obligations arising from the contractual relationship with the user to a third party. The user will be informed of the contract transfer in text form no later than one month before the planned transfer date. If the user does not object to the transfer in writing or in text form within one month of receipt of the notification, this shall be deemed as agreed. The operator will separately inform the user in the takeover notification of the possibility of objection, the deadline and the consequences of their inactivity.

13. Modification of the Terms of Use / General Terms and Conditions

1. The operator has the right to supplement the Terms of Use with regulations for the use of any newly introduced additional functions of the offer. The planned additions to the Terms of Use will be announced to the user at least four weeks before the planned entry into force by e-mail to the e-mail address provided. The planned additions to the Terms of Use will be announced to the user at least four weeks before the planned entry into force by e-mail to the e-mail address provided. The user's consent to the change in the Terms of Use is deemed to have been given if they do not object to the change in text form (e.g., letter, fax, e-mail) within a period of two weeks, starting on the day following the announcement of the change). The operator undertakes to separately point out the possibility of objection, the deadline for the objection, the text form requirement and the meaning or the consequences of not objecting in the change notification.
2. If the user objects to the change in the Terms of Use in due form and time, the contractual relationship will continue under the previous conditions. In this case, the operator reserves the right to terminate the contractual relationship as soon as possible.
3. The Terms of Use can be changed at any time with the express consent of the user.

14. Jurisdiction, governing law, dispute resolution

1. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship is Berlin.
2. This contract is governed exclusively by the law of the Federal Republic of Germany. The validity of the UN Sales Convention is excluded. If the user is a consumer, the mandatory consumer protection regulations that apply in the country in which the user has their habitual residence also apply, insofar as they offer the user more extensive protection.
3. The European Commission has provided an online dispute resolution (OS) platform at https://ec.europa.eu/consumers/odr.
4. We are neither obliged nor willing to participate in a dispute settlement procedure under the Consumer Dispute Settlement Act (VSBG).

Producto Check GmbH
Chausseestrasse 84
10115 Berlin

Commercial register and register no.:
AG Berlin Charlottenburg, HRB 237898

Management:
Tobias Weishaupt
Caspar von Seckendorff
Ina Zitzmann