1. Scope, Changes to Terms of Service (ToS)
§ 1 Scope
- Braavoo.com (hereinafter referred to as „Platform Provider“) is a web-based employee recognition platform (hereinafter also referred to as “Platform” ) that allows users (jointly the “Users”, “User”) to send and receive concrete, meaningful and direct feedback (hereinafter also referred to as “braavoos”). The Platform is offered under the domain www.braavoo.com or under a subdomain. Registered users can create individual, personal profiles to use on the platform and access available content and statistics as well as use any of the related services offered as further specified on www.braavoo.com (jointly the “Services”, “Service”). The Services may be used for free to a certain extent as described on the website or may be subject to paid subscription plans.
- These ToS govern the provision of Services by the Platform Provider as well as the use of these Services by a properly registered User on the Platform.
- More information about the Platform Provider is available on www.braavoo.com
§ 2 Changes to Terms of Service (ToS)
- The Patform Provider reserves the right to modify these ToS at any time without giving any reasons. The Platform Provider will inform Users of any modified ToS at least 30 calender days in advance and in a suitable way . If the User does not object within 30 calender days of receipt of the notification and continues to use the Services after this period, the modified ToS become effective. In case the User objects to the modified ToS, the contract is continued at the present conditions. The aforementioned notifications will also contain information for the User about his or her right of revocation, the objection period and the consequences of failing to react.
- In case of a change in Value Added Tax (VAT) the Platform Provider is entitled to adjust the prices for any paid Services for these changes without the aforementioned right to object.
- In case of a change in the legal status of the Platform Provider, Users do not have the aforementioned right to object and accept these ToS explicitly also between themselves and the legal successor of the Platform Provider.
2. Registration, Login, Termination
§ 3 Right to register
- In order to use the available Services on the Platform, a person must either be registered as a User or as the Account Owner. The Platform Provider reserves the right to reject any registration applications for the Platform by its sole descretion and without giving reason.
- Users and Account Owners must be of legal age (at least 18 years old) and of unrestricted legal capacity. If a juridical person registers, the registration must be made by an authorized legal representative of the juridical person with unrestricted legal capacity.
§ 4 Registration as Account Owner
- Subject to prior registration, the Platform Provider offers Account Owners the possibility to choose beteween a free and a paid access to the Platform. If a person registers for the first time, this person is automatically given the free access to the Platform and registered as the Account Owner. The free access to the Platform may be limited in its functionality. The Account Owner can opt for the paid access to the Platform with increased functionality by upgrading the free access to the paid access and pay the corresponding monthly fee. The upgrade can be ordered directly in the account settings and the payable fee as well as the currently available increased functionality will be shown during the upgrade.
- During the registration process the Platform Providers asks for various registration data such as contact and other information. This data must be valid, complete and entered accurately and correctly.
- This registration data is checked for completeness and plausibility. If it is considered to be correct and no other concerns exist the Platform Provider grants access to the Platform and informs the Account Owner via e-mail. This e-mail is considered to be the Platform Provider’s approval of the registration application. Upon receipt of this e-mail, the Account Owner is entitled to use the Platform under these ToS. When an Account Owner registers for the first time, he/she must click on the confirmation link in this e-mail to activate the Account (Double Opt-In).
§ 5 Registration as User
- Account Owners can invite other Users to their Account on the Platform via e-mail provided they are eligible to register according to §3. Upon successful registration invited Users can use the Services on the Platform under these ToS and according to the functionality provided by the Account Owner’s access to the Platform.
- Invited Users receive an e-mail notification and need to click on the confirmation link in this e-mail to be granted access to the Platform.
- All information asked for during the registration process as a User must be valid, complete and entered accurately and correctly.
§ 6 Responsibility for login information
- During the registration process you are asked to enter your e-mail address and a password. Upon the Platform Provider’s approval of your registration as well a upon your confirmation according to §4 (3) or §5 (2) respectively, you can login with your e-mail address and password.
- The password must be kept secret and must be protected against unauthorized use by any third parties.
- Furthermore you are obligated to ensure that only you or a person authorized by you will use the Services on the Platform using your login information. If there is reason to fear that unauthorized third parties have got or could get access to your login information, you have to contact the Platform Provider immediately.
§ 7 Responsibility for updating information
You are obligated to keep your information (including your contact details) always up to date. When any of your information changes you have to update it promptly on the Platform in your personal settings. If this is not possible, please let us know your updated information immediately via e-mail.
§ 8 Termination
- Account Owners using the free access to the Platform may terminate this access at any time with immediate effect by simply deactivating the Account directly on the Platform in their personal settings.
- Account Owners can also deactivate Users which have been invited to their Account with immediate effect.
- If the Account Owner uses a paid access to the Platform, there is in contrast to §8 (1) a minimum contract period of one month which starts upon receipt of the e-mail in accordance with §4 (3). The contract is automatically renewed for the same contract period, unless a party has terminated the contract with a notice period of 1 day before the expiry of the minimum contract period or the respective renewal period.
- Invited users may terminate their own acces to the Platform themselves at any time and with immediate effect by simply deactivating their User account in their personal settings on the Platform directly.
- The contractual relationship ends with the effective date of termination and you may not use your Account anymore after this date. Starting from the effective date of termination the Platform Provider reserves the right to block the Account and the accesses of all Users under this Account.
- On the expiry of 30 calendar days from the effective date of termination the Platform Provider shall be entitled to permanently and irretrievably delete all data incurred in connection with using the Platform and its Services.
3. Services and Content on the Platform
§ 9 Offered Services and Availability
- The Services offered on the Platform vary depending on the chosen form of access to the Platform and are offered for a limited time of duration. Content and scope of the Services are governed by the respective contractual agreements as well as according to the currently available functionality on the Platform itself.
- Both free and paid Services can be offered on the Platform. Paid Services are designated as such. Rules and provisions for the use of paid Services on the Platform are explained in § 10.
- The Services available on the Platform may include third party services to which the Platform Provider merely provides access to. The use of such third party services may be governed by separate terms of service with different or additional provisions.
- The use of the available free and paid Services is limited by the technical and operational capabilities of the Platform Provider. The Platform Provider aims to ensure an uninterrupted access to and usage of its Services. However, maintenance or technical malfunctions (such as for example interruptions in the power supply, hardware and software errors, technical problems) may cause temporary restricted or interrupted access to parts of the Services or the Platform itself.
§ 10 Free and paid access
- The Platform Provider can offer both a free and a paid access to the Platform. In case of a paid access, the Platform Provider charges a corresponding monthly fee. Upon payment of this fee the Account Owner is entitled to use all related currently available free and paid Services on the Platform.
- All stated fees are understood to include VAT where applicable.
- Payments for the paid access are handled by our payment service provider who will use the payment method the Account Owner specified during the upgrade. The fee must be paid before using the service. Corresponding invoices can be accessed by the Account Owner in the personal settings on the Platform.
- In the event of a default in payment the Platform Provider is entitled to temporarily block the Account and to claim default interest in accordance with the law.
- Offsetting is only allowed with uncontested or legally established counterclaims. A right of retention can only be claimed if it is based on the same contractual relationship.
§ 11 Changes
The Platform Provider is entitled at any time to change or modify the currently available free and paid Services on the Platform, to add new free and paid Services and to stop providing free Services. When changes are made, the Platform Provider will take into account the account owners’ legitimate interests.
§ 12 Copyright, content protection, responsibility for third party content
- The available contents on the Platform are mainly protected by copyright or by other protection rights and are either owned by the Platform Provider or by other third parties who have submitted the respective content. The entire composition of all contents as such is protected as a database or database work as defined in §§ 4 (2), 87a (1) of the German Copyright Act. All contents may only be used in accordance with these ToS and in the sense of the scope of the Platform itself.
- The available contents on the Platform are provided partly by the Platform Provider itself, partly by its Users (including Account Owners) and other third parties. Hereinafter, all contents by Users and third parties are collectively referred to as "Third Party Content". The Platform Provider does not check Third Party Content for completeness, accuracy and legality. No responsibility or liability is assumed for the completeness, accuracy, legality and timeliness of Third Party Content. This also applies to the quality of Third Party Content and its suitability for a particular purpose, as well as to Third Party Content on externally linked websites. All contents on the site are considered to be Third Party Content with the exception of contents marked with a copyright notice by the Platform Provider.
§ 13 Allowed use
- Your right to use is limited to the access to the Platform and to the use of the available Services on the Platform under these ToS.
- You are solely responsible to provide the necessary technical requirements for the contractual use of the Platform.
- The Platform Provider points out that User activities can be monitored as permitted by law. This includes, if necessary, also the logging of IP connection data and further analysis of User activities in case of a concrete suspicion of a breach of these ToS and / or in case of a concrete suspicion of a crime or other illegal activity.
§ 14 User profiles
- As far as provided on the Platform, Users can individually customize their User profiles as far as allowed under these ToS. Please note the restrictions arising from § 17.
- The Platform Provider generally does not validate the identity of the User and the information provided in the User profiles. Therefore, the Platform Provider does not warrant that the actual User behind the User profile is the person the respective User profile claims to be.
§ 15 Posting own content
- Subject to the following regulations and as far as the functionality is provided, Users may post content, especially ‘braavoos’, (hereinafter referred to as “Content”) on the Platform and thus make such Content available for other Users within the same Account.
- By posting Content you grant the Platform Provider a worldwide, perpetual, royalty-free and transferable usage right
- to save and store this Content in the Platform Provider’s database and other used systems;
- to publish, display and providing public access to this Content;
- to edit, copy, reproduce, process, adapt, modify, transmit and translate this Content in connection with providing the Service to you and other Users in accordance with your settings on the Platform;
- to grant other third parties a free or paid right to use this Content according to § 16.
- You are fully responsible for the Content submitted by you. The Platform Provider does not check the Content for completeness, accuracy, legality, timeliness, quality and fitness for a particular purpose. You declare and therefore warrant that you are the sole owner of all rights to any Content posted by you on the Platform, or that you are otherwise entitled to post the Content on the Platform and have the right to grant the usage rights explained in this paragraph to the Platform Provider.
- The Platform Provider reserves the right to refuse the posting of Content and / or to edit without prior notice, to block or remove already posted Content, if the posting of Content by the User or the Content itself is in or lead to a violation of § 17 or also if there is clear evidence that there will be a serious violation of § 17 in the future.
§ 16 Right to use the available Content and data on the Platform
- Unless a further use is expressly permitted in these ToS or is allowed on the Platform itself by an appropriate functionality,
- you may display online, use and retrieve the Content available and retrievable by you on the Platform exclusively for personal purposes. This license is limited to the duration of your contractual relationship on the Platform;
- it is prohibited to edit, reproduce, modify, translate, show off or perform, publish, display, perform or distribute the Content on the Platform available accessible to you. It is also prohibited to remove or modify copyright notices, logos and other distinguishing service and protection marks or proprietary notices.
- You are only authorized to download and / or print any Content if this option is explicitly provided or available on the Platform. The Platform Provider grants you a perpetual and non-exclusive right to use correctly downloaded or printed Content for your own, non-commercial purposes. Furthermore, all rights to the Content remain with their original right owners.
§ 17 Prohibited activities
- The Services available on the Platform are intended solely for non-commercial use by the Users. Unless previously and expressly granted to you in writing any use for or in connection with any commercial purposes is prohibited.
- You are prohibited from any activities on or in connection with the Patform that are illegal, violate the law, infringe rights of third parties or violate the principles and law for protection of the children and the youth. In particular, the following activites are prohibited:
- using, posting, distributing, offering for sale, advertising and/or promoting any content, services and/or products which are pornographic, violate any youth protection laws, data protection laws or other laws and/or which are of fraudulent nature;
- using any content which slanders, defames, damages, mobbs or insults other users or third parties;
- using, providing and/or distributing content, services and/or products that are protected by law or encumbered with rights of third parties, without being expressly authorized.
- Regardless of any possible violation of law you are furthermore also prohibited to:
- distribute and/or spread viruses, Trojans, Trojan Horses and other harmful files;
- send junk or spam e-mails;
- distribute and/or disseminate lewd, obscene, harassing, sexually harassing or defamatory content as well as the communication of such content;
- distribute and/or disseminate any information or communication that are suitable to promote or support (both explicitly or implicitly) racism, bigotry, hatred, physical violence or illegal acts;
- harass other users, as well as to promote or support such harassment;
- solicit other users to reveal passwords or personal information for commercial or unlawful and/or illegal purposes;
- distribute and/or publish any content available on the Platform unless this is expressly permitted by the respective authors or provided and explicitly available as a functionality on the Platform.
- Furthermore prohibited are any actions or activities which are likely to affect the smooth operation of the Platform, particularly to burden or load the systems of the Platform Provider excessively.
§ 18 Blocking of access
- The Platform Provider may block your access to the Platform temporarily or permanently, if there are specific indications that you violate or have violated these ToS and / or applicable law, or if the Platform Provider has any other legitimate interest in blocking. The Platform Provider will consider your legitimate interests adequately when deciding upon blocking any access.
- In the case of temporary or permanent access blocking the Platform Provider blocks your access and notifies you via e-mail.
- In the case of a temporary blocking the Platform Provider unblocks the access and notifies you via e-mail when the locking period is over. A permanently blocked access cannot be reactivated. Permanently blocked Users and / or Account Owners are permanently excluded from the Platform and also may not register on the Platform again.
5. Processing of personal information and data
§ 19 Privacy
6. Liability Limitation
§ 20 Liability limitation for free Services
In case of any damages resulting from the use of free Services the Platform Provider is liable only for wilful intent and gross negligence.
§ 21 Liability limitation for paid Services
In the context of the use of paid Services the Platform Providers is liable in accordance with the following provisions:
- The Platform Provider is liable for wilfully intended or grossly negligent damages caused by the Platform Provider, by its legal representatives or executive employees.
- The Platform Provider is not liable for slight negligent injury of only minor contractual obligations. The liability of the Platform Provider for damages caused by slight negligence is limited to damages arising from typically to be expected essential contractual obligations (cardinal obligations). This also applies to slight negligence by legal representatives or executive employees by the Platform Provider.
7. Other provisions
§ 22 Written form requirement
Unless otherwise expressly allowed by these ToS, all statements in relation to the Platform and its contractual use are to be made in writing or via e-mail to the contact addresses stated on the Platform. The Platform Provider will notify you in case the contact information changes.
§ 23 Severability clause
If any provision of these ToS shall be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision a valid provision which comes closest to the intended purpose of the invalid provision shall be deemed agreed on.
§ 24 Applicable law
These Terms of Service are governed by the laws of the Federal Republic of Germany under exclusion of the UN Sales Convention (Convention of Contracts for the International Sales of Goods, CISG).
§ 25 Place of jurisdiction
If permitted by law, the exclusive place of jurisdiction for all disputes arising from these ToS is Regensburg, Germany.
Last revision: October 30, 2014