Cardate Technologies operates software for mobile devices (so-called apps), which offers an interactive online communication platform that enables the exchange of text-based messages and the presentation of user profiles to third parties.
Cardate’s online offer is directed exclusively at private individuals (consumers within the meaning of § 13 BGB) who have reached the age of sixteen (16) years (hereinafter: member or user). Registration and/or use for commercial or professional purposes, in particular the sending of advertising in any form (e.g. via messages etc.) to other users of Cardate is not permitted.
Unless otherwise expressly regulated in these GTC and/or on Cardate’s individual Internet pages, these GTC apply to the use of all Cardate offers, content, functions and other services (in summary: applications).
The prerequisite for the use of the services is the creation of a user profile by the user, in which the user can store electronic image files that reflect his profile as well as textual descriptions of the profile. Registration as a user with Cardate is subject to the completion of the eighteenth (18th) year of age and that the user has full legal capacity. Cardate is entitled, but not obliged, to verify the age of the User on the basis of appropriate official documents. Registration as a user requires that the user duly enters all mandatory information in the electronic registration form provided by Cardate for these purposes.
3. conclusion of the user contract
3.1 In order to conclude the user agreement, it is necessary to install the software offered by Cardate, via which the communication network is implemented, on the user’s (usually mobile) terminal device. For the conclusion of the user contract it is necessary that the user registers his person in the communication network using the functions provided by the software.
3.2 Users shall not be entitled to the conclusion of a user contract. Cardate may reject a user without giving reasons. In such a case, Cardate will immediately delete the data provided by the user concerned in the registration form.
4. Free basic user base, chargeable services
4.1 The free contract of use enables registered users to use the basic functions of Cardate (basic user base), in particular the display of data intended for retrieval by other users (image files/text files), and the possibility to contact other users, for example.
to receive electronic messages within the software (app) provided by Cardate for this purpose and to get to know it in mutual interest. Cardate does not owe any success in this respect, but only the provision of the technical services to enable contact to be established via Cardate. Any form of marriage mediation or marriage initiation is expressly not subject of the contract.
4.2 In addition to the free use of the basic functions, registered users have the opportunity to make use of additional Cardate services and features (collectively: Services) for a fee. The type, content, scope and prices of the additional services available in each case can be found on Cardate’s website or within the presentation of the respective App. The fees to be paid may entitle the user to use a service once or several times, to use it as credit for one or more services, to use services on a time-dependent basis (e.g. days, weeks, etc.) or to use it in other ways. In addition to these General Terms and Conditions, any additional terms and conditions of the respective provider that provide the availability of the software for a specific operating system (e.g. Google Playstore), which also regulate the applicable payment modalities, may apply to the additional services subject to a charge. The user must agree to the supplementary terms and conditions before using the services in question, which are subject to a charge, which results in a chargeable user relationship. Insofar as the applicable supplementary conditions do not contain any deviating provisions, all fees shall be due upon conclusion of the contract.
4.3 The content and scope of the basic functions offered by Cardate and the additional fee-based services can be changed, restricted, expanded or discontinued at any time due to constant further development. If users have already paid fees with regard to services which are subsequently restricted or discontinued or the use of which is possible free of charge in the future, the user can demand offsetting against other chargeable services. Further claims of the user are excluded.
5. termination / termination of the user relationship
5.1 The free basic user account runs for an indefinite period of time and can be terminated by the user at any time, the easiest way is to delete the user account in the settings, alternatively by e-mail (firstname.lastname@example.org).
5.2 The ordinary termination of fee-based user relationships is excluded if it is not a subscription. If the user takes out a subscription, it is automatically renewed depending on the selected period, unless the user terminates it within the specified period of 24 hours before the end of the respective term. The termination of fee-based user relationships has no influence on the existence of the free basic user community and the possibility of using the basic functions. In order to also terminate the basic user community, the User may delete or terminate his profile at any time in accordance with Section 5.1. Any existing chargeable usage relationships also end with the termination of the basic user relationship.
5.3 Terms of contract for subscriptions
Your subscription begins as soon as your first payment is processed. Your subscription will automatically renew each month without notice maximum 6 months are currently allowed. You grant Cardate permission to store the payment method(s) you specify and automatically debit your payment method(s) each month until you cancel. Upon renewal, Cardate will automatically charge you each month the then current fee for your subscription type plus applicable taxes (such as VAT, VAT or GST if not included in the tariff) until you cancel.
Cardate may change the fee for your subscription type for each monthly renewal period. Cardate will inform you of any fee change, and you will have the option to cancel in each case. If the value added tax (or any other relevant tax) changes during the term of your monthly subscription, Cardate will adjust the gross price for your subscription variant accordingly on the date of the next billing.
If your primary payment method fails, you authorize Cardate to debit another payment method to your account. If you have not provided Cardate with a substitute payment method(s) and payment is not possible or if all payment methods in your account fail, Cardate may suspend your subscription.
For customers from the European Economic Area, the bank may require you to authenticate your first purchase with a password, a one-time code sent to your mobile phone number or biometric recognition. If you authenticate, you also authorise Cardate to charge your payment method for your additional purchases without providing Cardate with any further payment information or other instructions (i.e. Cardate may independently arrange future payments). Such additional purchases may occur when Cardate automatically charges your payment method in connection with a recurring subscription or when you add or change products.
You can cancel your subscription at any time by accessing your settings or contacting support. If you cancel your original order within 14 days, your payments will be fully refunded. If you cancel at a later date, no refunds are possible and the subscription will continue until the end of the billing month.
The right to extraordinary, immediate cancellation for good cause remains unaffected and is subject to the legal regulations.
6. Checking, blocking, deletion and securing of user data
6.1 Cardate is entitled, but not obliged, to check data and content posted by users for compliance with the GTC and laws and to block or delete the relevant content in whole or in part in the event of actual or imminent infringements or infringements.
6.2 Any data backup requested by the user shall be the responsibility of the user. Cardate will not provide a data backup. Cardate accepts no liability whatsoever for the failure to restore user data within the software provided by Cardate (including databases) if data is lost or damaged. Cardate’s liability shall be excluded in particular if any damage suffered by the user is due to the fact that the user has not backed up his own data and thus ensured that lost data can be restored with reasonable effort.
7. access data
7.1 The user must treat his access data, in particular his password, confidentially and may not pass them on to third parties or share them with third parties. Access data must be kept safe from access by third parties. Passwords should be changed regularly, at least every three months.
7.2 If the user makes his access data, in particular passwords, accessible to third parties or otherwise uses or distributes them inappropriately, Cardate has the right to temporarily or permanently block the profile of the user concerned and to terminate the user relationship without notice.
7.3 If the User has reason to believe that a third party is using his/her access data and/or profile, he/she must notify Cardate immediately in text form (e-mail) and provide Cardate with all existing indications and evidence of such third-party use.
7.4 The user is solely responsible for the use of his access data, in particular passwords, by third parties or for actions or declarations made via his profile. The user indemnifies Cardate against all claims of third parties in this regard, including the costs of defending the claim (lawyer’s and court costs) in the statutory amount, upon first request. This does not apply if the user is not responsible for the third-party use. Liability on the part of Cardate for loss or misuse of the access data is excluded.
8. data use and data protection
8.1 Cardate collects, processes and uses personal data within the scope of the consent given and statutory provisions (in particular TMG, BDSG). Without further consent, Cardate collects, processes and uses personal data only to the extent necessary for the performance of the contract, use and, where applicable, billing.
8.3 Cardate expressly points out that the data published by users on Cardate (license plates, etc.) are voluntarily made available to the general public.
8.4 Despite the highest possible security standards (in particular SSL encryption of all data) guaranteed by Cardate through constantly updated firewalls and other protective devices, an absolutely complete protection of data on the Internet against unauthorised access by third parties (hackers) is not possible according to the current state of the art. Cardate is therefore not liable for the unauthorised acquisition of user data by third parties who illegally gain access to stored data by deliberately overcoming the protective devices used against unauthorised access.
9. Liability of Cardate
9.1 Cardate assumes no liability for the accuracy, completeness, timeliness and legality of the data and content posted by users. This exclusion of liability applies in particular if such content violates intellectual property rights (trademark rights, copyrights, etc.) or personal rights (e.g. general personal rights, right to one’s own image, etc.) of third parties. Furthermore, Cardate shall not be liable for any misuse by other users or third parties of the content posted by users.
9.2 Cardate does not check the data and content posted on Cardate by users in advance. Cardate also has no influence on the content of linked third-party websites and does not carry out any prior checks. Cardate cannot be expected to continuously monitor the third-party content of users or the content of linked third-party websites, nor can it be expected to do so without concrete evidence of a violation of the law.
9.3 As soon as Cardate becomes positively aware of legal violations in the content posted by users or on linked external sites, Cardate will remove such content and/or links within a reasonable time and take all technically and personally possible and reasonable precautions to avoid identical legal violations in the future. In addition, the user is obliged to provide Cardate with all information upon request, in particular to make a comprehensive statement on the allegation that infringing content has been or will be posted via the user profile of the user. The user is expressly obligated to cooperate in the elimination of violations of the law.
9.4 Insofar as this is not the responsibility of Cardate or its vicarious agents, Cardate shall not be liable for the uninterrupted usability or accessibility of Cardate, transmission delays or failures and also not for the correct functioning of infrastructures or transmission paths of the Internet. Cardate’s liability shall also be excluded to the extent that maintenance work requires short-term interruptions to Cardate’s availability.
9.5 Cardate shall not be liable for damage caused by force majeure, acts of war, terrorism, natural disasters or other events for which Cardate is not responsible (e.g. strikes, lockouts, power cuts, traffic disruptions, public orders, etc.).
9.6 Cardate shall be liable for damages resulting from injury to life, limb or health in accordance with the statutory provisions. The same applies to damages caused by intent or gross negligence. In the event of a simple negligent breach of a material contractual obligation (cardinal obligation), Cardate’s liability shall be limited to compensation for the foreseeable, typically occurring damage. Liability under the Product Liability Act shall remain unaffected by the above provisions. Any further liability on the part of Cardate is excluded.
9.7 Insofar as Cardate’s liability is excluded or limited, this shall also apply to employees, representatives and vicarious agents of Cardate.
10. user guarantees
10.1 The user guarantees that the data provided by him during registration (mandatory data) and data on his person and vehicle registration number entered later correspond to the truth, and that the profile picture or other image files transmitted exclusively represent or depict the user himself. The user guarantees and undertakes that image files transmitted by him for use in the user profile which are used or can be used for publication within the software (app) will not be reproduced by third parties.
10.2 The user guarantees that the contents posted by him do not violate statutory provisions (e.g. StGB, TMG, BDSG, MDStV, Pressegesetze, UWG, HWG, PAngV, JuSchG, etc.).
10.3 The user guarantees that he/she holds all rights required for the use of Cardate with regard to the content posted by him/her (e.g. profile details, vehicle details, texts, photos, graphic files, links, brands, etc. in any form) and that conflicting rights of third parties (e.g. personal rights, trademark rights, copyrights, etc.) neither exist nor are infringed in this respect.
10.4 The user is responsible for the technically perfect condition and virus-free nature of the content posted by him and is liable to Cardate for any damage caused to Cardate by any errors, viruses, worms, Trojan horses, etc. contained in the content posted by him. This does not apply if the user is not responsible for the data being damaged.
11. responsibility and duties of the user
11.1 The user may use Cardate’s services exclusively for the intended private purposes in accordance with these GTC. The user is solely responsible for all content posted on Cardate by the user.
11.2 The user may only upload content (in particular texts, photos, illustrations, signs, symbols, brands, etc. in any form) to Cardate if it holds the rights required for publication on Cardate.
11.3 The user may send or post messages of any kind (messages etc.) to users of Cardate exclusively for the purpose of private communication. The user must refrain from making untrue, offensive, harassing, defamatory, insulting, sexist, racist, extreme political, extreme religious or extreme ideological statements or statements that deceive the sender of the statement. In this respect, the user is obliged to deal responsibly with the means of communication made available to him.
11.4 The user may not publish personal data of other users (e.g. names, photos, license plates, telephone and fax numbers, address data, e-mail addresses, etc.) or personal messages of other users of Cardate (e.g. messages, etc.) or make them accessible to third parties without the prior express consent of the persons concerned.
11.5 The user may not publish, exchange or otherwise make available to third parties any access data (in particular passwords) on Cardate, including his own access data for Cardate, codes or serial numbers of any kind.
11.6 The user may not place links to websites with illegal content on Cardate. Users are also prohibited from posting offensive, harassing, defamatory, insulting, sexist, racist, extreme political, extreme religious or extreme ideological statements within the software in the user profile or otherwise as links to websites.
11.7 The following content may not be posted on Cardate in any form whatsoever (e.g. in the user’s own browser).
illegal substances of any kind in open or hidden form, as well as punishable contents of any kind. The prohibition also extends to content that is satirical or that criticizes the above circumstances.
11.8 Advertising by users – in any form whatsoever – in particular, but not exclusively, the dispatch of messages with commercial or otherwise business-related content (advertising, personal recruiting, chain letters, pyramid schemes, competitions, lotteries, betting games, snowball systems, etc.) to other users of Cardate as well as the use of personal data of other users (in particular names, photos, telephone and fax numbers, vehicle number plates, address data, e-mail addresses, etc.) for commercial purposes of any kind (in particular advertising) is prohibited.
12. electronic attacks
Electronic attacks of any kind on Cardate’s servers / databases / network or on individual users are strictly prohibited. Any electronic attack will result in the immediate exclusion of the responsible user (extraordinary termination without notice) and will – as far as legally possible – be prosecuted under civil and criminal law. Electronic attacks are without this list being exhaustive:
Hacking attacks and attempts that serve to overcome, circumvent or otherwise disable Cardate’s security barriers.
intercepting or attempting to intercept for other recipients of certain personal messages
Use of computer programs (e.g. crawler, spider, bot) to automatically read, store, edit, modify or forward data from Cardate’s databases or to automatically post content to Cardate, e.g. in your own profile, in messages, etc.
intentionally applying and/or distributing data or content to Cardate which, by its nature (e.g. errors, viruses, worms, Trojan horses, etc.), size or reproduction (e.g. spamming, mail bombs, etc.), is such as to endanger the existence or operation of Cardate’s computer centre or data network or the computers and programs of Cardate users
intentional use of links, programs or other methods that may or are intended to damage Cardate’s servers / databases / network or individual users
brute force attacks
13. legal consequences in case of violation of these GTCs
13.2 The user indemnifies Cardate against all claims of third parties against Cardate, its legal representative(s) and/or vicarious agents due to a violation by the user of legal regulations (e.g. StGB, TMG, BDSG, MDStV, Pressegesetze, UWG, HWG, PAngV, JuSchG, etc.), against the rights of third parties (e.g. B. personal and/or intellectual property rights such as trademarks/copyrights etc.), or against contractual obligations, assurances or guarantees, including the costs of the necessary legal defence (attorney and court costs in the statutory amount) on first request. The user is obliged to support Cardate in the defence against such third-party claims to the best of his knowledge and belief and to provide Cardate with the necessary information and/or data for this purpose.
13.3 The assertion of further claims (e.g. damages, omission, etc.) and the filing of a criminal complaint shall remain unaffected.
14. involvement of third parties
14.1 Cardate shall be entitled to assign the rights and obligations under this Agreement in whole or in part to third parties, in particular to commission third parties to provide parts or all of its services, provided that this is reasonable for the users and does not result in any disadvantages for the users, in particular the provision of the services and the performance of Cardate’s other contractual obligations continues without restriction and is guaranteed. The guarantee of data protection remains unaffected.
14.2 The user is not entitled to transfer the rights and obligations arising from the user relationship in whole or in part to third parties.
15. Amendments to the GTC
Cardate is entitled to amend these GTC at any time if and to the extent that such amendment is in Cardate’s legitimate interest. In particular, a legitimate interest exists if the changes are necessary to meet legal requirements, to integrate new functions within the communication platform (software or APP) or due to a change in business orientation or processes.
The changed conditions will be announced to the user two (2) weeks before they come into effect or will be sent within the software or app when or before the app is used. If the user does not object to the amended GTC within two (2) weeks after receipt, the amended conditions shall be deemed accepted. Cardate shall separately inform the User of the significance of the two-week period in the e-mail or within the software or app containing the amended Terms and Conditions. If the user objects to the validity of the amended GTC, the user or Cardate may terminate the existing user relationship at any time.
16. Severability clause
Should individual provisions of these GTC be or become ineffective or impracticable, the effectiveness of the GTC and the contract of use shall otherwise remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
AGB as of 13.07.2020