General Terms and Conditions (GTC)
General Terms and Conditions (GTC) Curaze
1. General & Scope
The operator of the Curaze business platform is the Curaze GmbH, Am Pestalozziring 1-2, 91058 Erlangen, Email firstname.lastname@example.org, Umsatzsteuer-ID DE338812871, Amtsgericht Fürth HRB 18486 (hereinafter referred to as Curaze).
Users of the business platform are exclusively entrepreneurs. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
Users are allowed to access the extensive network via the organised and standardised structure of the platform. The focus of its use is on the initiation of business relationships, the promotion of innovations and cooperations, and the mediation of mergers & acquisitions. Use for the purpose of implementing, advertising and promoting structural sales measures (such as multi-level marketing or multi-level network marketing), cold calling via standardised mass emails or use as a consumer is expressly excluded.
These General Terms and Conditions (GTC) apply in their current version to the business relationship between the User and Curaze without the need for a renewed reference to the GTC. The current version of these GTC can always be viewed at http://curaze.io/terms-and-conditions.
Deviations from these GTC are only valid if they have been agreed upon in writing. Deviating terms and conditions of the User shall only be valid insofar as Curaze has acknowledged them in writing. This provision also applies if the User's terms and conditions have not been expressly contradicted.
2. Registration & Contract
The registration of a natural person as a user is only permitted for natural persons with unlimited legal capacity and only in their own name and for their own account. Minors, in particular, are not allowed to register. Each User may only register once. One account must be created per User. An account is generally not transferable.
Curaze reserves the right to request further information from the User or information that deviates from the provisions of this clause when registering or using the platform, as well as evidence to verify the information provided by a user, insofar as there are doubts about the completeness or correctness of the information provided by a user or this is necessary for other reasons (e.g., from an insurance law perspective).
The User has no right to the execution of a user contract. Curaze reserves the right to refuse registration without giving reasons.
3. Term & Termination
The contract is concluded for an indefinite period and may be terminated by Curaze and the User at any time with immediate effect unless a term has been agreed.
The contract for a chargeable service runs for the respective agreed term. After the end of this period, it is automatically extended by the agreed term, unless the User or Curaze terminates the contract in compliance with the following notice period: 3 months before the end of the current term.
The termination must be in text form to be effective. Upon cancellation and termination of a chargeable service by the User or Curaze, the User shall retain the free basic services until their termination.
The statutory right of both contracting parties to extraordinary termination for good cause shall remain unaffected. For Curaze, an extraordinary reason for termination also exists in particular if the User intentionally provides false information during registration and/or later changes to their data or has repeatedly violated these GTC, insofar as Curaze has unsuccessfully reminded the User to comply with the affected contractual obligation prior to extraordinary termination (warning).
4. Curaze Services
Curaze provides a business platform for use via Website and mobile.
Registration and some basic functions are provided by Curaze free of charge.
Curaze also offers fee-based additional functions for start-ups and scale-ups, corporates, and investors. The amount and conditions of offers subject to a charge shall be clearly indicated on the Website prior to the conclusion of any contract subject to a charge.
5. Prices & Payments
Registration and some basic functions are provided by Curaze free of charge. The amount and conditions of offers subject to a charge shall be clearly indicated on the Website prior to the conclusion of any contract subject to a charge. The stated charges and prices are in Euro plus the legally applicable value-added tax.
Payment is due immediately after the conclusion of the contract for the entire minimum contract period. Upon conclusion of the contract, the User accepts that Curaze may also process the payment transaction via service providers. The User undertakes to provide the necessary data to trigger the correct payment process.
Curaze reserves the right to exclude individual payment methods for selected Users.
If the User is given the option of paying by invoice, the User must pay or transfer the stated amount to the account stated on the invoice within 2 weeks after receipt of the invoice. After the expiry of the payment deadline, the customer shall be in default, even without a reminder. In the event of late payment, Curaze reserves the right to make use of an extraordinary right of termination. The User's profile will be deleted as a result.
Reasonable price increases due to increased development and distribution costs or the expansion of the offer are not excluded and will be communicated to the User before coming into effect. The change in conditions will only affect the next contract period. Curaze is entitled to transmit invoices and payment reminders exclusively by electronic means.
6. User Contents
Curaze offers the User the possibility to present themselves and their company within the framework of their profile or the framework of their offer. For these purposes, the User may include data, texts and image and sound material. Curaze accepts no responsibility for the content, data and/or information provided by Users or for content on linked external websites. In particular, Curaze does not warrant that such content is true, fulfils a particular purpose or can serve such a purpose. For all content that the User posts or makes accessible within the framework of Curaze, the User must have the necessary rights. Curaze is entitled to block content that the User has posted if there is reasonable suspicion that this content violates legal provisions or these GTC or infringes the rights of third parties. Reasonable suspicion exists if official or criminal investigations are being conducted against the User because of the content the User has posted. Curaze may continue blocking until the suspicions have been cleared. Curaze reserves the right to check and, if necessary, reject content that the User posts in publicly accessible areas before it is activated.
7. Duties of the User
The User warrants that all data provided by them are true and complete. The User is obliged to keep the data true and complete during the entire contract period. The User is obliged to handle passwords and login data for Curaze securely and confidentially. They are not permitted to pass on or make available this information to third parties. Should passwords or login data be used by unauthorised persons, the User shall be liable for the use in breach of contract, damage or loss resulting therefrom.
The User undertakes to take all necessary steps to ensure that their password is kept secret and secure. The User shall inform Curaze immediately if the User has reason to worry that a third party has gained knowledge of the User’s password or that the password is being used in an unauthorised manner, or that this is likely.
The User may not use the Curaze platform: (i) in a manner likely to interrupt, damage or otherwise impair Curaze's service or access thereto, (e.g. denial of service attacks), including, without limitation, uploading viruses or other malicious code, or (ii) for fraudulent purposes or in connection with any crime or unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety, (iv) post or make available on the platform any unauthorised commercial communications (for example, spam) or unlawful structural distributions (for example, pyramid schemes).
Curaze reserves the right to withhold services from Users on the Website, delete content or close member accounts. This applies particularly if Users violate applicable law, contractual agreements, or our guidelines. After a User has been banned, there is no entitlement to the restoration of the banned account. As soon as a User has been blocked, this User cannot log in with another account.
8. Rights of Use
The User grants Curaze the simple, spatially and temporally unlimited, worldwide, transferable and sub-licensable right of use to all content (e.g., logos, images, videos, texts) (hereinafter "Content") posted by him on the platform (hereinafter "Licence"). This includes the right of reproduction, use, making available to the public, distribution, modification, translation, and the creation of derivative versions and the right of adaptation. In particular, Curaze is entitled to technically process, prepare, and adapt the Content so that it can also be displayed on mobile reception devices or in software applications of third parties, insofar as the Content remains unchanged as a result.
The granting of rights ends when the User deletes their Content or account; unless the Content was shared with other Users, they did not delete the Content.
The User guarantees to be the owner of the rights to all intellectual property provided and that it is possible for the User to grant the Licence in section 8 effectively. The User also guarantees that the Content created does not infringe any third party rights, particularly trademark, competition, copyright, property or personal rights.
All Content included on or provided through the Curaze platform, such as text, graphics, logos, button icons, images, audio clips, software digital downloads and data compilations, is the property of Curaze or third parties supplying content or making it available on the Website and is protected by German and international copyright laws.
Users may not systematically extract and/or reuse parts of the Curaze Platform without Curaze's express written consent. In particular, they may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of any Curaze Service without Curaze's express written consent.
Curaze's trademark and labelling rights may not be used in commercial transactions without the consent of Curaze. In particular, they may not be used in connection with a non-Curaze product or service in such a way as to create the possibility of attribution confusion among customers or in a manner that disparages or discredits Curaze.
9. Availability of Curaze
Curaze has a basic availability of 24 hours a day. Curaze shall endeavour to avoid restrictions, impairments, disconnections, or other limitations on the use of the services, insofar as this is technically possible. Complete exclusion of such restrictions cannot be achieved in the current state of the art. Maintenance work on the business platform causes temporary restrictions on use. Curaze will keep these to a reasonable extent for the User.
10. Liability & Compensation
The following exclusions and limitations of liability apply to Curaze's liability for damages, without prejudice to the other statutory requirements for claims:
Curaze shall be liable insofar as Curaze is guilty of intent or gross negligence. Curaze shall only be liable for simple negligence in the event of a breach of an obligation, the fulfilment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely upon (so-called cardinal obligation). In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded. Insofar as Curaze is liable for simple negligence, Curaze's liability shall be limited to the damage that Curaze could typically expect to occur according to the circumstances known at the time of the conclusion of the contract. The above exclusions and limitations of liability do not apply to damage to life, limb, or health. The above exclusions and limitations of liability also apply in favour of Curaze's employees, vicarious agents and other third parties used by Curaze to fulfil the contract.
Curaze acts as an intermediary. Curaze shall not be liable for the business relationships arising from this brokerage service. The User shall also indemnify Curaze against all claims by third parties that they bring against Curaze on account of the infringement of copyright or other rights or competition, professional or other regulations connected with the individual profile.
11. Data Protection
Curaze processes the User's personal data for a specific purpose and under the statutory provisions. The handling of personal data is explained in more detail in the Curaze data protection regulations http://curaze.io/privacy-policy.
12. Final Provisions
Should an individual or several provisions of these GTC be or become legally invalid or prove to be unenforceable, this shall not affect the validity of the other provisions. If any of these provisions is or becomes invalid or unenforceable, such provision shall be replaced by a valid provision that comes as close as possible to the economic purpose. The same applies in the case of a regulatory gap.
German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law. The place of jurisdiction and place of performance is, as far as legally permissible, the registered office of Curaze.
The contract language is German. This also applies if the contracting parties exchange contractual documents that are written in a foreign language. In the event of disputes concerning the Content and interpretation of contracts concluded between the contracting parties, the contracts must be interpreted in accordance with standard German language use.
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