Terms and Conditions for Users
1. Scope of Application of the Terms and Conditions
1.1 Scope of Application of the User Terms.
These Terms and Conditions for Users (“User Terms”) regulate the contractual relationship between Chattyco GmbH, Torstr. 41, 10119 Berlin (“Chattyco”) and all Users of the ‘Chattyco’ app made available by Chattyco (“Chattyco App”). Users, who use the Chattyco App to request content, are hereinafter referred to as “Followers.” Users, who provide content in the form of texts, photographs, documents, sound files or videos via the Chattyco App or respond to requests of Users, are hereinafter referred to as “Creators.” Followers and Creators are hereinafter jointly referred to as “Users.” The use of Chattyco shall take place exclusively on the basis of these User Terms.
1.2 Additional Creator Terms.
Creators are required to accept additional terms and conditions of use before starting their activities. The use of the Chattyco App by Creators shall take place exclusively on the basis of the Creator Terms.
1.3 Amendment of the Terms.
Chattyco will notify its Users of any amendments of the User Terms or Creator Terms no later than one week before they become effective. If the User does not object to the application of the new terms and conditions, the amended conditions shall be deemed agreed. Chattyco will inform its Users of the significance of this deadline for objecting separately in the notification containing the amended terms and conditions and reserves the right to terminate the relationship with the User in the case of an objection.
2.1 Object of Agreement.
The object of this agreement is the use of the Chattyco App for communications between Followers and Creators, including the functions made available within the Chattyco App, subject to technical and operational feasibility. Chattyco thereby provides a platform that enables Followers and Creators to communicate from a technical point of view only. A right to use the Chattyco App does not exist. Chattyco does not assume any responsibility for the initiation, maintenance or technical quality of the communications. A right to the conveyance of communications does not exist. The User is responsible for maintaining the necessary Internet access and a suitable end device at its own expense. Chattyco grants the User a simple, non-transferrable right to install and use the Chattyco App on suitable end devices of the User.
2.2 Public and Private Communications.
Users can send public messages, which can be viewed by other Users only after a Creator has responded (“Public Conversation”). A Public Conversation of a Creator is available to all Users as a Creator Feed. If a Follower sends a private message, this message and the Creator’s response will only be visible in the account of the Follower and the Creator contacted (“Private Messages”). The guidelines displayed on the Chattyco App apply for Public Conversations and Private Messages. The communications that take place are displayed in the User’s inbox and can be managed there. Non-registered visitors using the Chattyco App can follow Public Conversations anonymously.
All Chattyco App Users can find Creators and Followers using the search function or in previous communications logs.
2.4 Legal Relationship between Followers and Creators.
Any rights and obligations shall be created exclusively between Followers and Creators through the exchange of messages.
2.5 Responsibilities of Chattyco.
Chattyco does not verify the identity and legal capacity of Followers and Users; only the functioning of the payment method specified by a Follower is verified. Chattyco does not assume any responsibility for the accuracy or quality of the communications. Followers are responsible for the content of messages sent from a Follower to a Creator, and Creators are responsible for whether a message is answered and the content of the response. Chattyco does not check the messages or responses. Chattyco does not assess the reliability or the value of messages.
2.6 No Substitute for Professional Advice.
Messages that receive responses are not suitable or intended as a substitute for professional advice provided by members of the respective profession. Any actions taken are at the Follower’s own risk.
2.7 Changes to the Chattyco App.
Chattyco may make additions or changes to the functions offered in order to improve them or adjust them to technical developments, provided that this is reasonable and taking into consideration the interests of the Users and Chattyco. Ongoing maintenance and further development may temporarily restrict or interrupt the use of the Chattyco App. No claims shall exist in this regard. The User acknowledges that updates to the Chattyco App may be downloaded on the device being used by the User.
2.8 Permitted Use.
The Chattyco App may only be used in accordance with the User Terms or Creator Terms as well as the additional instructions for using certain functions, which are displayed near the function, e.g., upload sizes. It is not permitted to spread viruses, trojans, worms or other malicious content via the Chattyco App or use the Chattyco App if there is a risk that the use could lead to damages to technical equipment or software. In particular, the data volume restrictions must be observed.
3. Rules of Conduct for All Users
3.1 Age Limit of 18 Years.
Only persons who are at least 18 years old with full legal capacity are allowed to use the Chattyco App. Each User may register for only one account by providing the personal data requested completely and truthfully. Multiple registrations are not permitted. The sale or transfer of an account is not permitted. It is only possible to change an account name every 30 days.
3.2 Single Sign-On.
Chattyco provides the User with the option to carry out the account registration and subsequent log-ins using a single sign-on by accessing the registration data of the User at other providers. If the User uses this option, Chattyco will request the transmission of the User’s data from the single sign-on provider selected. Detailed information on the data processing in this respect is found in the privacy statement.
3.3 Account Protection.
Every User must securely store his/her access data for the use of the Chattyco App in such a manner that it cannot be accessed by third parties and must immediately notify Chattyco via email in the case of any suspicion of unauthorized access. The User remains logged in to the Chattyco App; in the case of any use of a User’s smartphone by a different person, the User is liable for their activities to the extent that the User is responsible in this regard.
3.4 Rights of Third Parties.
The User must have the necessary rights to upload and use photographs, videos, audios or texts (collectively “User Generated Content”). A User often only has the necessary rights if the User has created the User Generated Content or acquired these rights from third parties. This includes the consent of any persons depicted in photographs. Rights of third parties may also exist with respect to objects depicted in the background. The User is responsible for verifying and, if appropriate, acquiring the necessary rights.
3.5 No Further Commercial Use.
Users are not allowed to use Chattyco’s platform for promotional purposes or to conclude contracts, which go beyond sending messages and responses. Chattyco is entitled to terminate the relationship after issuing a warning.
4. Rules of Communication
4.1 Prohibited Conduct.
Users will not conduct any communications via the Chattyco App, which violate the rights of third parties, contain content that is harmful to young people or right-wing extremist content, breach applicable laws, or are deceptive, insulting, pornographic, offensive or glorify violence. In particular, the following conduct is prohibited (“Intolerable Conduct”):
a) Inappropriate Member Names: Chattyco does not permit any linguistic obscenity, insults, defamations, tackiness, discrimination or abuse in member names.
b) Harmful Content: Chattyco endeavors to protect its Users against offensive content. Consequently, any content unsuitable for minors may not be requested on Chattyco. In particular, requests for sexual services are prohibited.
c) Insults or Abuse: Chattyco does not tolerate discrimination, defamation, insults or abuse of individual Users on the grounds of ethnic origin, religion, gender, nationality, sexual orientation or belief.
d) Harassment of Other Users: Users must respect the privacy of other Users. Sending unrequested messages, chain letters or invitations to participate in sweepstakes is prohibited when communicating via Chattyco.
Intolerable Conduct will result in the User being blocked or, if appropriate, the termination of the relationship with the User in accordance with clause 10.
4.2 Identification of Intolerable Conduct.
Users must report or block Intolerable Conduct using the functions available (“Identification”). Chattyco will react to such Identification within 24 hours. Chattyco filters the current content on the Chattyco App in order to prevent, detect and stop Intolerable Conduct.
4.3 Other Illegal Activities and Improper Use.
All Users are prohibited from participating in fraudulent or illegal activities or supporting such activities when using the Chattyco App. In the case of suspected misuse or potential legal infringements (e.g., copyright infringements or infringements of personal rights) on the part of other Users, the User is requested to provide Identification immediately or otherwise send notification to email@example.com.
Chattyco is authorized to temporarily block the use of the Chattyco App or the existing data on the Chattyco App, or parts thereof, if there is concrete evidence that the User is engaging in Intolerable Conduct or is otherwise violating these User Terms or the Creator Terms or applicable laws, or if reasonable suspicions exist in this respect, or if any other justified interests in such blocking exist, e.g., in the case of any suspicion of misuse by unauthorized third parties. If, after assessing the circumstances and considering the legitimate interests of the User and third parties, unblocking is not an option, Chattyco is authorized at its own discretion to permanently block or delete the access or existing data, in whole or in part.
5.1 Submitted Ratings.
Chattyco may provide a system, which can be used by Users to rate Public Conversations and by Followers to rate Creators; Chattyco reserves the right to edit and configure such ratings. Users can view the ratings. Ratings submitted by a User may be displayed in connection with the products or services that can be purchased for a fee without the User receiving any consideration in this regard.
5.2 Misuse of the Rating System.
By rating a Creator, Followers share their experience with the Creator and the quality of the Creator’s messages with other Users. Followers are prohibited from using a different or fake user name or specifying a third person or fictitious person to
- make a negative or wrong judgment about another Creator,
- make a negative judgment about a Creator because the Creator did not want to respond to a message in violation of the User Terms.
Chattyco reserves the right to refrain from publishing ratings.
Chattyco reserves the right to create a ranking of Content Creators based on the ratings of Followers and additional qualitative and quantitative criteria. This ranking influences the order in which and how Content Creators are displayed on the platform.
6. Liability of Chattyco and Indemnification
6.1 No Liability for Content.
Because Chattyco is not a party to the communication contract between Creators and Followers, Chattyco is not liable for the responses conveyed through the communications. In particular, Chattyco is not liable for any damages, which may result from the advice or suggestions of Creators being followed.
6.2 Unlimited Liability.
Chattyco, its legal representatives, executives or vicarious agents shall have unlimited liability according to the statutory provisions of the Federal Republic of Germany
a) for damages resulting from injury to life, body or health,
b) in the case of intent or gross negligence,
c )according to the Product Liability Act (Produkthaftungsgesetz), and
d) in the case of an assumption of guarantees.
6.3 Limited Liability.
In the case of slight negligence, Chattyco, its legal representatives, executives or vicarious agents shall only be liable in the case of a breach of “essential” duties resulting from these User Terms and resulting from the Creator Terms vis-à-vis Creators. “Essential” duties are such duties, which are necessary for the fulfillment of the contract to use the Chattyco App and if breached, would question the attainment of the contractual purpose so that the User may regularly rely on the fulfillment of such duties. In these cases, the liability is limited to typical and foreseeable damages.
6.4 Indemnification against Claims.
To the extent that the User is at fault, the User shall indemnify Chattyco against any claims asserted by third parties due to the conduct of the User in connection with the use of the Chattyco App and shall bear the costs incurred for the legal defense according to the statutory fees. In the case of any claims asserted by third parties, the User is obligated to provide Chattyco immediately, truthfully and completely with all information, which is required for assessing the claims and the defense against such claims.
7. Prices and Billing for Use
Messages are subject to a fee. Creators determine the fees for the messages that receive a response, which are specified on the Chattyco App. All fees specified include the applicable VAT. The User must also pay any fees, which are incurred through unauthorized use of the User’s account if and to the extent that the User is responsible for such use.
7.2 Payment with Chattycoins.
Followers must acquire Chattycoins in order to pay Content Creators. They can be acquired by purchasing them using the payment methods offered on the Chattyco App. Payment is made from the Chattycoins balance. The User can access a balance overview in his/her account. Unused Chattycoins expire at the end of the third year after being purchased.
7.3 Payment Obligation and Expiration of the Right of Withdrawal.
By sending a message, the Follower acknowledges his/her payment obligation and authorizes Chattyco to deduct the amount from his/her Chattycoins balance if the Creator has responded to the message. By sending a message, the Follower expressly agrees that the execution of the contract will begin prior to the expiration of the withdrawal period, and the Follower thereby loses his/her right of withdrawal.
7.4 Claims of Payment Providers against Chattyco.
The User is liable for any claims of payment providers, which are asserted against Chattyco due to any failure on behalf of the User to render full payment, e.g., due to a lack of creditworthiness or improper use of the payment methods, if and to the extent that the User is responsible in this regard.
7.5 Starting Balance.
A Chattycoin starting balance can be used within a time period of six months. The balance cannot be paid out under any circumstances. Any starting balance will be given priority and used prior to Chattycoins that have been purchased.
7.6 New Customer Acquisition.
Chattycoin premiums for acquiring new Users will be credited towards the User’s account.
8. Content Protection and Rights of Use
8.1 Content Protection.
Photographs, audios, videos or textual content made available on the Chattyco App (collectively “Chattyco Content”) may be protected by personal rights, data protection law, copyright law or other regulations, e.g., as business or trade secrets. Chattyco Content may only be used for the purposes being pursued through the operation of the Chattyco App under the User Terms or Creator Terms.
8.2 Granting of Rights to Chattyco to Operate the Chattyco App.
By sending communications via the Chattyco App, including uploading content, the User grants Chattyco free of charge the right to use comprehensively all copyrights and related rights under the German Copyright Act (Urheberrechtsgesetz, “UrHG”), without restrictions in terms of time, territory or content, from the time of uploading for the purposes of operating the Chattyco App, including advertising, further development, asserting legal rights and maintaining IT security, without any additional consent and free from the rights of third parties. The granting of rights shall include in particular the right to reproduce, distribute, lease and loan, including the right to use in connection with databases, exhibitions, presentations, performances and demonstrations, broadcasting, reproduction through image and sound recording mediums, reproduction through radio broadcasts and communication to the public. It also includes the right to edit and redesign, filming and film adaptations as well as rights to photographs. Chattyco is granted the right to use such rights in Germany and abroad in material and immaterial form and to make content publically available. This shall also apply, regardless of the transmission, carrier and storage technology, for data carriers (e.g., magnetic, optical, magneto-optical and electronic storage media), telecommunication and data networks as well as databases, including online services. The granting of rights shall also include unknown rights of use and any exercise in electronic and digital form. The moral rights to content shall remain unaffected. Through this granting of rights, Chattyco is permitted to fulfill requests for the portability of personal data under the General Data Protection Regulation. The User shall ensure that no rights will be exercised under Sections 12, 13 sentence 2 and 25 UrhG, i.e., the rights of the author relating to publication, being named as the author and access to workpieces.
8.3 Transfer of Rights of Use.
The User grants Chattyco the right to also allow third parties to use the aforementioned rights for the same purpose in Germany and abroad by granting corresponding rights of use, or to transfer the rights to affiliated companies under Section 15 of the German Stock Corporation Act (Aktiengesetz).
8.4 Right to Share Content.
Creators grant Followers the right to share Private Messages with others and thereby reproduce content, in whole or in part, and to disseminate content and make content publically available through online services, especially on the Internet or via apps, also using social networks (collectively “Electronic Media”), without any further consent and free from rights of third parties, or to make content available on demand to a large number of individuals. This may also lead to further sharing and therefore further dissemination by Users of this Electronic Media. This right shall be granted according to the scope described in clause 6.3 with respect to sharing on Electronic Media.
9. Handling of Personal Data
Users are obligated to treat as confidential any personal data of other Users, which comes to their knowledge in connection with the use of the Chattyco App, and may only process such data for the use of the Chattyco App to the extent that this is required.
9.2 Transaction-related Data.
If a User’s account is deleted upon request, the User’s communications with other Chattyco Users will be deleted. However, any data required to process transactions and data, which must be available for the purposes of traceability under tax law, shall only be deleted upon expiration of the retention requirement.
This agreement shall be valid for an indefinite period and can be terminated by the User at any time without observing a notice period. A termination can be made by deleting the account or via email to firstname.lastname@example.org. Chattyco may terminate the agreement in observance of a notice period of four weeks. The right to terminate without notice in the event of any breach of applicable law, these User Terms or the Creator Terms shall remain unaffected.
11 Final Provisions
11.1 Online Dispute Resolution.
The European Commission provides a platform for extra-judicial online dispute resolution (OS Platform), which is available at www.ec.europa.eu/consumers/odr. Our email address can be found in the legal notice (Impressum) on our website. We are neither obligated nor willing to participate in a dispute resolution procedure.
11.2 Transfer of Rights.
Chattyco is entitled to transfer its rights and obligations resulting from this contractual relationship, in whole or in part, to a third party in observance of a notice period of four weeks.
This agreement shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance for this agreement shall be the location of the registered office of Chattyco. If the User is an entrepreneur, the agreed legal venue shall be the location of the registered office of Chattyco. Entrepreneur means any natural or legal person or a partnership with legal capacity that concludes a legal transaction in the course of carrying out its commercial or independent professional activities. The invalidity of any individual provisions shall not affect the validity of the remaining provisions.
RIGHT OF WITHDRAWAL OF CONSUMERS FOR PAID SERVICES
For all Users, whose habitual residence is within the European Union, the following shall apply: You have a right of withdrawal if Chattycoins are purchased.
INSTRUCTIONS ON WITHDRAWAL
Right of Withdrawal
You have a right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire fourteen days from the date of entering into the contract.
To exercise your right of withdrawal, you must inform us (Chattyco GmbH, Torstr. 41, 10119 Berlin, telephone: +491625930899, email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax or email). You may use the provided model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer) without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount, which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
END OF THE INSTRUCTIONS ON WITHDRAWAL
Model Withdrawal Form
(If you want to withdraw from the contract, please complete this form and return it to us.)
To: Chattyco GmbH, Torstr. 41, 10119 Berlin, email: firstname.lastname@example.org
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate