General Terms of Use
Deutsch - Allgemeine Nutzungsbedingungen
1. General
1.1 Scope of Application
These Terms of Use apply in the version valid at the time of the conclusion of the contract to all business relations between us of Jellycorn UG (limited liability), c/o Schlecht und Partner Mailänder Platz 25 (Europe Plaza), 70173 Stuttgart, Germany and you. If you use contrary terms of use, these are hereby expressly contradicted.
We further advise you that these Terms of Use are solely between you and us and have no connection to Google Commerce Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google") or Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). However, Google or Apple, as the case may be, and their affiliates, are third-party beneficiaries and are entitled to enforce against you the provisions contained in these Terms of Use.
1.2 Contractual Agreement
The contractual language is German and English. The use of the app is free of charge.
1.3 Download via App Store or Play Store
Our app is available via the Apple App Store as well as the Google Play Store. The download is processed via the corresponding App Store. A user account is required for the download. You can set this up in the App Store or Play Store. For the use of the stores, their terms of use apply. After you have downloaded and installed the app, you can either register for the first time or log in with your existing customer/user data.
1.4 Registration (free user contract)
1.4.1 General
To use the full scope of our app, it is first necessary to create an account. Here, the data required for the provision of services by us will be requested. You have the option of registering via your existing Google or Facebook account, via the Apple ID or with your e-mail address.If the registration is done by e-mail, you will receive a confirmation e-mail with the information required for login. Only when you have logged in to our app for the first time with these details is the registration complete.
The password that enables you to access the personal area is to be treated as strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. An account cannot be transferred to other users or other third parties. Each user may only create one account. We are not liable for any damage caused by the misuse of the password.
1.4.2 Registration with your Facebook account
You can also log in using your existing Facebook account. To do this, click on the button "Login with Facebook". This will redirect you to www.facebook.com (operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). There you enter your Facebook account data and click on "Login". Facebook's privacy policy and terms of use apply to the use of Facebook services. Here, too, by registering, you enter into a free usage agreement with us.
1.4.3 Registration with your Google account
To register with your Google account, click on the "Register with Google" button. This will redirect you to www.accounts.google.com (operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). There you enter your Google account data and click on "Sign in". Google's privacy policy and terms of use apply to the use of Google services.
1.4.4 Registering with your Apple ID
To register with your Apple ID, click the "Sign in with Apple" button. This will redirect you to https://appleid.apple.com (operated by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA). There you enter your Apple ID and confirm the entry. Apple's privacy policy and terms of use apply to the use of Apple services.
1.4.5 Guest use
It is also possible to use the app without registering, but only as a guest. Registration is required for full use of the app.
1.5 Subsequent amendment of the terms of use
We are entitled to make subsequent adjustments and additions to the General Terms of Use compared to existing Terms of Use, insofar as changes in legislation or case law require it or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment to the Terms of Use shall become effective if you do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual modification and give you the opportunity to make an express declaration during the period. If you object within the time limit, both you and we may terminate the contractual relationship without notice, unless we allow the contractual relationship to continue under the old General Terms and Conditions of Use.
2. Description of services
2.1 General
We offer an app as a content platform with social media features with worldwide users. The Jellycorn App essentially serves to connect startups, investors and other players in the startup ecosystem and to create and disseminate content, including educational content on the topic of entrepreneurship and investing.
You can create your profile, view the profiles and published posts of other users, and comment on posts. You can chat with other users by sending them a chat request. You can create groups (“circles”) on specific topics and join groups (“circles”).
2.2 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Time of performance
Unless otherwise expressly agreed, we provide the service immediately after a successful registration.
3. Responsibility of the User
3.1 General
You are solely responsible for the content and accuracy of the data and information you provide. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By sending data to us, you confirm that you have complied with copyright regulations.
3.2 Abusive contributions
Abusive content or contributions will be deactivated or deleted by us without prior notice. Such content designs are given e.g. in the following cases:
- False and/or incorrect information,
- Seekers are made aware of an offer through unspecific or even false information (this includes, among other things, incomplete offers, incorrect information),
- referral of interested parties to paid Internet or telephone services (esp. 0900 numbers),
- to send spam,
- to send and store offensive, obscene, threatening, insulting or in any other way infringing third party rights,
- send and store viruses, worms, Trojan horses, harmful computer codes, files, scripts, agents or programs,
- uploading programs that are likely to disrupt, interfere with or prevent the operation of the service,
- attempting to gain unauthorized access to our service or to individual modules, systems or applications, or granting such access to third parties,
- content that glorifies violence, is pornographic or otherwise offensive or punishable by law.
In case of recurring violations, we reserve the right to block or delete your account. The right to extraordinary termination remains unaffected.
3.3 Confidentiality
Your rights under this Agreement are not transferable. The password that enables you to access your personal area and thus also to collect data must be treated as strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. We are not liable for any damage caused by the misuse of the password.
3.4 Profile data
You are always obligated to keep the content and profile information posted by you up to date and to inform us immediately of any misuse of your profile.
4. Term, blocking and termination
4.1 Termination of a user account
The user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving notice to us in text form. In particular, we reserve the right to delete user accounts that are not fully logged in and have been inactive for at least six months. With the termination of the free user contract, the profiles and contents assigned to the account will also be deleted.
4.2 Termination without notice
The right to terminate the contract without notice for a good cause remains unaffected. The good reason shall be deemed to exist in particular if
- You have provided incorrect or incomplete information when concluding the contract,
- you repeatedly violate other contractual obligations and do not cease the breach of duty even after being requested to do so by us.
5. Usability of the services
5.1 Further development of the service/availability
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the app operation wholly or partially for the purpose of updating and maintenance within reasonable limits. In this respect, we do not guarantee the availability of the services offered at all times and do not warrant that the services provided or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
5.2 Technical requirements
The use of the app requires appropriate compatible devices. It is your responsibility to put or keep the device in a condition that enables the use of the app services.
6. Use of content
By placing content in the database, you grant us the right to use this content for an unlimited period of time for placement and provision in the database and retrieval and storage by third parties, in particular to store, reproduce, make available, transmit, link and publish the content. This may also be done by or in the form of advertising material (in particular linking on social networks, use for commercials, use for own website/app or also in printed form etc.) by third parties or by us. In this case, the author explicitly waives his/her right to be named.
7. Liability
7.1 Disclaimer
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for achieving the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. Concerning entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.
7.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
7.3 Data backup
We perform adequate data backups as part of the service provision, but we do not assume any general data backup guarantee for the data transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and provide the data backup with the necessary expertise. However, we do not warrant that the stored content or data you access will not be accidentally damaged or corrupted, lost or partially removed.
7.4 Liability for content
You are solely responsible for the content of your posts or profile. You may not violate any applicable laws or these Terms of Use with the content. You also undertake not to transmit any data whose content violates the rights of third parties (e.g. personal rights, rights to a name, trademark rights, copyrights, etc.). In particular, contributions or profiles with illegal content may not be published or untrue facts asserted. As the app operator, we are not liable for incorrect information provided by users in their posts or profiles. A review of the content posted in our app (especially concerning the violation of third-party rights) does not take place. However, should we become aware of incorrect, inaccurate, misleading or unlawful information, we will check it immediately and remove it if necessary. We also do not guarantee the accuracy, timeliness, completeness, quality or legality of content that does not originate from us. We merely make our platform available to you.
7.5 Legal advice and review
We want to point out that legal advice or examination is not part of our service and that you must commission independent professional advice for this. Also, shared content and tips do not constitute investment advice or recommendations. The same applies concerning the mandatory information for company profiles (e.g. imprint and privacy policy). Here, you must inform yourself comprehensively and, if necessary, provide or enter the required documents yourself. If we provide you with our assessment of a situation, this is merely our understanding of the situation and not an explicit recommendation for action or legal advice.
7.6 No investment advice - or recommendation
The content posted and shared by startups, investors, investment funds and other actors and us does not constitute investment advice or recommendations or any other advice or recommendations. A success resulting from the information, e.g. in the sense of an actual improvement of your financial circumstances, is expressly not owed and can also not be guaranteed, since here you as a participant are always responsible at all times for the decisions you make.
8. Final provisions
8.1 Place of jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms of Use.