Terms of use for the APP sharingguru

APP - The term "APP" means the entire technical environment used to display the sharingguru app. In these Terms of Use, this includes in particular the use of the frontend displayed to the User through which he/she can interact with the App.

OPERATOR - The operator of the APP environment is Beyond X Labs GmbH, Wallstr. 8, 60594 Frankfurt, Germany.

USER - The term user refers to all users registered in the APP, regardless of whether you operate a group yourself as a group admin , provide assets, only participate in other people's groups or are simply registered without having joined a group .

Asset - The term asset refers to all content that a USER wants to share with other USERS via the APP. The type of asset is generally not defined in more detail. It is only important that the asset complies with the rules of these Terms of Use.

GROUP ADMIN - A group admin is a USER who has opened his own group in which he wants to share one or more ASSETS with other USERS. The GROUP ADMIN is responsible for the ASSETS included by him in the APP. He can invite USERS to the group and remove them from the group, as well as manage and set the access times to the ASSET.

Group - The term group refers to a group created by GROUP ADMINS whose circle of users is limited and in which one or more assets can be managed.Setting ASSETS is basically possible for all USERS.

Packages - The use of the APP is basically free of charge. If you need more users or more assets in a group, you can buy an upgrade for the individual GROUP. This means that more members and assets are available to you in the corresponding GROUP.

The following terms of use form the legal basis for the use of the APP. With the help of the APP, USERS can open GROUPS in which you can then set one or more assets as GROUP ADMIN, which you can then share with other USERS. Sharing is understood to mean the targeted time division of the use of the ASSET. In the GROUPS, it is possible for the USERS to register for the use of the asset at certain times. For example, items, parking spaces or office workstations can be shared with each other and the risk of over- or double occupancy can be prevented through targeted coordination.

USERS may be natural persons of full legal capacity within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB. Insofar as these GTC contain special regulations for entrepreneurs, these will be marked accordingly.

The posting, administration and monitoring of the assets shall be carried out exclusively by the GROUP ADMIN. A contractual relationship with regard to the use of the asset between the USERS and the OPERATOR does not arise. Insofar as contracts exist between the GROUP ADMIN and the USERS or be-tween the individual USERS with regard to the use or other obligations are to be complied with, the monitoring and the proper drafting of the contract shall be the exclusive responsibility of GROUP ADMIN .

The use of the APP is only possible by registered USERS. Guest use is not possible. A commercial use of the personal data in the freebie model is not intended. The personal data will be used exclusively for the purpose of fulfilling the use provided for in these terms of use.

With regard to the USERS and GROUP ADMINS who exclusively use the free version of the APP, a relation-ship of convenience exists with regard to the use of the APP. With regard to the PAKETE booked in accor-dance with section 5 of these Terms of Use, the contract of use for the PACKAGES shall be concluded be-tween the respective USER and the OPERATOR.

The contractual language for the free-of-charge courtesy relationship and the chargeable booking of packages is exclusively German.

The OPERATOR does not recognise any deviating terms of use and/or general terms and conditions of the USER, unless the OPERATOR has expressly agreed to them in writing.

The use of the APP requires registration by the USER.

Within the scope of the registration of the USER, the USER independently assigns a password which can be used for the login in the future. After creating his user account, the USER receives an e-mail with a registration link. After clicking on this registration link, the USER can log in to the APP with an access code and password. The OPERATOR confirms the corresponding registration by e-mail. The password can be reset with the "Forgotten password" function. From the moment the registration is confirmed, the USER has access to the APP and the user account set up there.

The OPERATOR will make security-relevant updates of the APP available to all USERS. The USER has no right to free functional enhancements.

The OPERATOR shall only make changes to existing functions that go beyond the installation of security up-dates and the maintenance of functions free of charge if there is a valid reason for doing so, and shall inform the USER or COMPANY in advance of the features and the time of the changes.

The user relationship with regard to the APP comes into effect when the USER logs into the APP for the first time. Contractual relationships with the OPERATOR that go beyond this come into effect per order placed.

The contractual language is exclusively German.

The assets that can be called up on the groups expressly do not constitute offers to conclude a contract with the OPERATOR.

The user relationship with regard to the APP in the case of free use is established either by installing the APP or by completing the online registration process.

Due to the free-of-charge character and the associated relationship of convenience, the USER shall not have any claims against the OPERATOR for the operation of the APP or support by the OPERATOR. The USER shall comply with these Terms of Use during the use of the platform as well as within the scope of the registration and the use of the login area. The provisions in section 9 on the liability of the OPERATOR shall remain unaffected.

Due to maintenance work, further development or malfunctions of the APP, the usage options of USER may be temporarily restricted or temporarily interrupted. This may also result in data loss under certain circums-tances. The OPERATOR is not obliged to back up the data of the USERS who enter it in the APP.

In the case of registered USERS, it is incumbent upon them to regularly check the e-mail address communi-cated to the OPERATOR and also to ensure, when using SPAM filters, that the messages sent by the OPERATOR can be taken note of.

Additional content subject to a charge (in-app purchases) can be booked by the GROUP ADMIN or USER di-rectly via the APP. The GROUP ADMIN or USER can select the desired package (function extension) in the APP and then make a binding booking by clicking on " payable booking ". Depending on the mobile device and installation, payment is made via in-app purchases from Apple or Google. Digital additional offers (digital contents and digital services) are activated within 24 hours and are then available to the GROUP ADMIN or USER for the period specified in the booking .

The prices of the packages are listed directly with them. The prices listed with the packages already include the statutory value-added tax . There are no shipping costs.

The booking of the Enterprise Edition takes place outside the APP and can only be concluded by means of an individual agreement between the OPERATOR and the GROUP ADMIN or USER.

The presentation of the packages is merely a non-binding invitation to the GROUP ADMIN or USER to make a booking. By placing an order, the GROUP ADMIN or USER makes a binding offer to conclude a contract for the packages listed in the summary. The OPERATOR will confirm receipt of the order immediately by automated e-mail. This automated order confirmation brings the contractual relationship into effect.

The GROUP ADMIN or USER can correct input errors, in particular erroneously made entries, by entering the desired quantity and using the available buttons. In the ordering process, the GROUP ADMIN can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons of the browser.

The APP is available 24 hours a day, 7 days a week. The OPERATOR strives for the greatest possible availability of the APP. Due to maintenance work, further development or malfunctions of the APP, the usage options of the USER and the GROUP ADMIN may be temporarily restricted or temporarily interrupted by the OPERATOR at its reasonable discretion. The OPERATOR guarantees an availability of 95 %.

Due to maintenance work, further development or malfunctions of the APP, the USER's usage options may be temporarily restricted or temporarily interrupted. This may also lead to data loss under certain circumstances. The OPERATOR is not obliged to back up the data of the USERS that they enter in the APP.

5.8. It is the responsibility of the GROUP ADMIN to regularly check the email address provided and to ensure, even when using SPAM filters, that messages sent by the OPERATOR can be acknowledged.

The text of these Terms of Use is stored by the OPERATOR upon registration. A copy of these terms of use will be sent to the USER separately by e-mail on request. If no registration takes place, the OPERATOR will not store the terms of use.

If the USER books a package in accordance with clause 5 of these Terms of Use, the OPERATOR will subsequently send the Terms of Use to the USER by e-mail to the e-mail address provided by the USER.

These terms of use can also be accessed and printed out when installing the app and as part of the registra-tion process.

The administrator and person responsible for the respective groups is the GROUP ADMIN.

If a GROUP ADMIN intends to add more USERS to the group, he/she can invite the USERS to his/her group in the APP. The GROUP ADMIN manages and supervises the USERS. Alternatively, the GROUP ADMIN can share a group key that the USER can enter in the APP. If a GROUP ADMIN wishes to invite other persons outside the APP via the share interaction, he/she is responsible for obtaining the necessary consent or legal basis under data protection and advertising law for the OPERATOR to create and send the corresponding in-vitations.

The GROUP ADMIN is responsible for the definition of the assets , the booking times and all duties arising from the administration of the assets and is the main contact person for all USERS of his group. Individual USERS can - depending on the authorisations set by the GROUP ADMIN - also publish assets and adjust the booking time of their own assets.

The control and, if necessary, the creation, monitoring and concretisation of contractual agreements between the USERS and the GROUP ADMIN shall also be the exclusive responsibility of the GROUP ADMIN.

The GROUP ADMIN may exclude USERS from his group at his discretion

The USER is exclusively responsible for the information and group content (UPLOADS) uploaded in the app. Insofar as copyrights to UPLOADS exist (e.g. in the case of video, text or image uploads), the USER retains his rights as the author and any other existing property rights to the UPLOADS.

If a USER provides copyrighted or otherwise legally protected UPLOADS, the USER grants the OPERATOR and the companies or processors belonging to the OPERATOR, free of charge, the necessary, non-exclusive, worldwide and unlimited rights to process and use these UPLOADS for the purpose of displaying the contributions in the APP itself or for the purpose pursued in each case and only to the extent necessary for making them available in the APP.

In order for the OPERATOR to be able to offer the functions of the APP and to use the UPLOADS for further use, the UPLOADS must be stored by the OPERATOR. In order to ensure the function of the APP, it may also be necessary for the OPERATOR to edit the UPLOADS provided, in particular to cut or technically adapt them. The OPERATOR's right of use therefore includes in particular the right to technically reproduce the UPLOADS and to technically prepare them for the purpose of further processing. If duplication is necessary with regard to a function used by the user, the USER shall also transfer these rights to the OPERATOR.

By providing UPLOADS, the USER confirms that it holds sufficient rights with respect to all transferred UPLOADS to transfer to the OPERATOR the rights designated in accordance with the preceding provisions and that it is not aware of any conflicting rights of third parties.

By providing UPLOADS, the USER confirms that he/she will not transfer any UPLOADS that are protected by copyrights, trade secrets or property rights or proprietary rights of third parties and that a UPLOAD does not contain any undesirable or prohibited content as defined by the German Copyright Act.12.2 contains.

SUBCONTRACTORS performing UPLOADS shall be liable to the OPERATOR for damages incurred by the OPERATOR due to UPLOADS, insofar as a UPLOAD intentionally or negligently triggers an infringement of third party rights or the SUBCONTRACTOR breaches its obligations resulting from the above provisions due to the UPLOAD. The COMPANY reserves the right to prove that it is not responsible for the occurrence of damage due to a UPLOAD.

USERS are liable for UPLOADS in accordance with the statutory provisions.

Insofar as a COMPANY is responsible for a UPLOAD 6 causing damage, the COMPANY shall indemnify the OPERATOR against claims by third parties in this respect upon first request. The obligation to indemnify shall not apply if the COMPANY is not responsible for the infringement.

The USER's claims for damages or reimbursement of futile expenses against the OPERATOR shall be go-verned by the following provisions without regard to the legal nature of the claim; in particular, the OPERATOR shall not assume any warranty for the completeness as well as for the correctness and up-to-dateness of the data and content provided.

The liability of the OPERATOR is excluded - irrespective of the legal grounds - unless the cause of the dam-age is based on intent and/or gross negligence on the part of the OPERATOR, or the employees, representatives or vicarious agents of the OPERATOR. Insofar as the liability of the OPERATOR is excluded or limited, this shall also apply to the personal liability of employees, representatives or vicarious agents of the OPERATOR.

For damages resulting from injury to life, body or health caused by an intentional, grossly negligent or negli-gent breach of duty by the OPERATOR or a legal representative or vicarious agent of the OPERATOR, the OPERATOR shall be liable - irrespective of the above provisions - in accordance with the statutory regula-tions.

The liability of the OPERATOR under the Product Liability Act (§ 14 ProdHG) remains unaffected.

It is the responsibility of the USER to regularly back up all information he/she has entered into the APP. The OPERATOR shall only be liable for data loss, introduced viruses or unauthorised data access within the scope of the above conditions.

Depending on the type of use, the user relationship begins with the download of the app or the registration or actual use of the app. The event that occurs first is always decisive for the beginning. The usage relationship ends for non-registered users with the uninstallation of the app, for registered users with the deletion of the user account.

The term and termination rights with regard to the packages are governed by the terms and conditions specified for each package.

The OPERATOR is entitled to terminate the usage relationship if a USER acts contrary to the provisions of sections 12ff.

The OPERATOR shall take all technical and organisational measures necessary to ensure the security of the USER's data on the platform, however, the OPERATOR cannot guarantee the unlimited integrity of the APP. In addition, reference is made to the provision in section 9.5 is referred to.

The GROUP ADMINs connected via the Platform and the other USERS in a group receive from the Platform in principle the personal data provided by the USER during registration: First and last name, e-mail address, booking periods of an asset. The USER's data is transmitted exclusively to enable interaction in the groups joined by the USER. This primarily includes the assignment of the USER and the monitoring and administration of booking periods by the GROUP ADMIN to the asset.

For the use of the APP, reference is made to the privacy policy of the OPERATOR in the APP.

The USER must observe these terms of use when using the functions of the APP

The USER undertakes not to misuse the APP, in particular

• 12.1.1.

  not to interfere with telecommunications networks,

  12.2.2.

  not to infringe any national or international property rights (e.g. copyrights, trademark rights),

  12.2.3.

  not to violate criminal law provisions, in particular §§ 184 ff. StGB (distribution of pornographic writings), §§ 86 f. StGB (dissemination of propaganda material of unconstitutional organisations), § 111 StGB (public incitement to commit criminal offences), § 126 StGB (threat of criminal offences), § 129a para. 3 StGB (advertising for a terrorist organisation), § 130 StGB (incitement of the people), § 130 a StGB (incitement to commit criminal offences), § 131 StGB (depiction of violence), § 201a StGB (violation of the most personal sphere of life through image recordings) as well as not to violate regulations for the protection of youth.

  12.2.4.

  not to engage in any other illegal activities via the APP.

  12.2.5.

  Provide and/or post untruths or misrepresentations about features of the APP that are unlawful, obscene, defamatory, libellous, threatening, pornographic, paedophilic, revisionist (denying the existence of the Holocaust), harassing, hateful, racist, xenophobic, glorifying violence and/or ethnically offensive and/or contain other unlawful or immoral content and/or that disparage or infringe a trademark and/or other proprietary right of a third party.

Activities of the USER that go beyond those within the scope of normal use, in particular such activities that aim to make the use of the APP and/or individual functions more difficult for other USERS or render them functionally unsuitable, are to be refrained from. This includes in particular activities that may impair the physical or logical structure of the APP or individual functions beyond the extent of the intended use and/or may lead to an unusually high load on the App or the servers and/or functions connected to it. If such activities of a USER are aimed at rendering the APP or the functions inoperable or at making their use more difficult, the OPERATOR reserves the right to civil and criminal prosecution.

The USER is obliged to inform the OPERATOR immediately of any suspected misuse of the access data to the APP by e-mail to [email protected] In this case, the OPERATOR will immediately block the US-ER's access.

12.5. Insofar as the user accesses the app by means of his or her user account, the personal password is an important security measure during use. To prevent third parties from accessing your data, exit the app using the logout button unless you wish to close the app completely. The USER is obliged to keep his password, PIN, e-mail address and all other data that enable access to the app secret and to change them immediately or have them changed by the OPERATOR if there is reason to suspect that unauthorised third parties have gained knowledge of such access data.

The transfer of contents of the app to third parties (even in part) is not permitted without the consent of the OPERATOR. It is prohibited to integrate and/or display the app in whole or in part by means of a hyperlink in a partial window (frame or iFrame). Furthermore, it is prohibited to copy data from the app using technical aids (e.g. crawlers, spiders, etc.) (so-called screen scraping) and to process it further.

The USER is prohibited from changing and/or removing copyright notices and/or brand names and/or other information in the contents of the app.

Insofar as the OPERATOR provides translations of the German language version of these Terms of Use, the German language version of these Terms of Use shall always remain authoritative for the legal assessment with regard to the use of the APP.

This applies in particular if differences or contradictions should arise between the German language version and a translated version of these Terms of Use.

The OPERATOR is entitled to change these terms of use in the future. In the event of future changes, the OPERATOR will inform the USERS of the forthcoming changes in advance by e-mail at the registered e-mail address.

In the event that the USER continues to use the APP despite changes to the terms of use, he/she agrees to the changes, so that the OPERATOR will treat the continued use as acceptance of the changed provisions.

Insofar as the amendment changes an essential component of the contract, compliance with which is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the amendment shall only be made with the express consent of the USER. An essential contractual obligation or cardinal obligation in the aforementioned sense is an obligation the fulfilment of which makes the proper performance of this contract possible in the first place and on the fulfilment of which the USER regularly relies and may rely; this includes in particular agreements on the remuneration to be paid to the OPERATOR.

Certain minimum system requirements apply to the use of the app, with which they have been tested and for which the app is designed. The use of older or other programmes, operating systems or devices may result in display and functional errors. We recommend the use of a current version of the operating systems used.

USERS who are consumers within the meaning of § 13 of the German Civil Code (BGB) have the option of conducting an online conciliation procedure in the event of a dispute on the EU portal "Your Europe" (https://europa.eu/youreurope/citizens/index_de.htm) with the involvement of a recognised conciliation body. For this purpose, they can use the EU online conciliation platform at the URL: https://ec.europa.eu/consumers/odr/The online conciliation procedure is not a mandatory prerequisite for recourse to the competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship. Other national provisions on the conduct of conciliation proceedings shall remain unaffected by the above provisions in Clauses 16.1 and 16.1 shall remain unaffected.

For USERS who are consumers within the meaning of § 13 of the German Civil Code (BGB), there is in prin-ciple the possibility of seeking an alternative dispute resolution procedure within the meaning of § 36 of the VSBG. The alternative dispute resolution procedure is not a mandatory prerequisite for calling the competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.The OPERATOR does not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.

The OPERATOR is entitled to use vicarious agents for the operation of the APP.

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If the USER is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the place of jurisdiction for all disputes arising from this contract shall be the place of business of the OPERATOR in 60594 Frankfurt.

The above choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.