This EULA is provided in English for your convenience. Please note that in case of a dispute or discrepancy between the German EULA and the English translation, the German version shall prevail.
(1) The provider grants the end user access to use the PlaceAlive software via the app of the same name.
(2) PlaceAlive is a cloud-based software solution for location-based advertising for places such as bars and restaurants, through which offers and customer incentives are placed for end users, for example by means of loyalty programs via digital stamp cards. In addition, a chat function is available to the end user.
(1) The provider shall provide the end user with access to the app for use for the duration of the contract.
The app and the data stored on it are hosted by the provider in the cloud of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
(1) The provider makes the app available to the end user free of charge.
(2) The term of the contract is unlimited.
(1) The provider grants the user the non-exclusive and non-transferable right to use the services and content specified in § 1 of these Terms of Use for the duration of the contract in accordance with the provisions of this contract.
(2) The user is not entitled to reproduce the app provided for use and/or make it available to third parties for use, either for a fee or free of charge.
(1) The app is provided to the provider free of charge. The provision of app services and support services is voluntary on the part of the provider.
(2) The end user has no claim to the availability of the app services or to the provision of technical support, the installation of updates, or the further development of the app. Sections 327 et seq. of the German Civil Code (BGB) do not apply in accordance with Section 312a (1a) sentence 2 BGB. Personal data of the user is collected exclusively for the purpose of providing our services, see also our privacy policy.
(1) The end user is obliged to prevent unauthorized access by third parties to the protected areas of the services provided by taking appropriate precautions.
(2) The end user is only permitted to use the app for private use and while maintaining their own identity. If the user wishes to use the app commercially, for example as a restaurant or café operator, this is only possible by agreeing a separate usage agreement with the provider for B2B customers.
(3) The end user is prohibited from copying, reproducing, modifying, reverse engineering, decompiling, disassembling, or otherwise reconstructing the source code of the software in whole or in part, unless this is permitted by law (§ 69e UrhG). The end user is also prohibited from analyzing the functionality or system architecture of the software in order to reproduce, imitate, or use it in a comparable manner, in whole or in part, or to market it or make it available to third parties. The end user undertakes to refrain from all technical and organizational measures aimed at circumventing the protective mechanisms or license controls of the software.
(4) The end user undertakes not to store any content within their profile that is illegal or violates the law, official requirements, or the rights of third parties.
(1) Conduct in the chat must be polite and respectful.
(2) The end user undertakes not to distribute any content within the chat function that is illegal or violates the law, official regulations, or the rights of third parties. The distribution or sharing of content that violates applicable law is prohibited. This applies in particular to criminal statements (e.g., incitement to hatred, insults, defamation), pornographic, violent, or extremist content.
(3) Harassment, unwanted contact, spamming, and repeatedly sending irrelevant content are not allowed.
(4) The end user is not allowed to use the chat to deliberately deceive other end users by pretending to be someone else.
(5) If an end user becomes aware of a violation of this provision, they are requested to report it via the end user's profile in the app or by email to support@placealive.com. The provider will carefully investigate every report.
(1) The provider is entitled to immediately block access to the app if there is reasonable suspicion that the user is violating the obligations set out in § 7 and/or § 8 of these Terms of Use or that their behavior is illegal or infringes on the rights of others.
(2) A reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities, and/or other end users or other third parties inform the provider thereof. The provider shall notify the end user of the blocking and the reason for it without delay. The blocking shall be lifted if the suspicion is refuted.
(3) In the event of a violation of the provisions of §§ 7 and/or 8 of these Terms of Use, the owner of the virtual place is also entitled to exclude the end user from using their virtual place without prior notice.
The end user indemnifies the provider against any claims asserted against the provider by third parties for breach of the end user's obligations set out in § 7 and/or § 8 of these Terms of Use. The end user shall reimburse the provider for all expenses and damages incurred by the provider in connection with such a claim, in particular all costs of legal prosecution and defense.
(1) Claims for damages against the provider are excluded regardless of the legal basis, unless the provider, its legal representatives, or vicarious agents have acted with intent or gross negligence.
(2) The provider shall only be liable for slight negligence if one of the essential obligations of the contract has been breached by the provider, its legal representatives, or executive employees or vicarious agents. In this case, the provider shall only be liable for foreseeable damage that typically must be expected to occur. Essential contractual obligations are obligations that form the basis of the contract, were decisive for the conclusion of the contract, and on whose fulfillment the user may rely.
(3) The provider is liable without limitation for damage caused intentionally or negligently by the provider, its legal representatives, or vicarious agents resulting from injury to life, limb, or health.
(4) No-fault liability for defects that already existed at the time the contract was concluded is excluded.
(5) The provider is not liable for the loss of data insofar as the damage is due to the user's failure to properly back up the data in the app.
The end user's data will be collected, processed, and used by the provider exclusively for the purposes arising from this contract for the execution of this contract in compliance with the statutory provisions of the Federal Data Protection Act and the General Data Protection Regulation.
(1) The law of the Federal Republic of Germany applies to this contract.
(2) The place of performance for obligations arising from this contract is the registered office of the provider.
(3) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider is the registered office of the provider.
(1) No verbal side agreements have been made. Amendments, supplements, and additions to this contract are only valid if they are agreed upon in writing by both parties.
(2) Should individual provisions of this agreement be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. Provisions that are not included or are invalid shall be replaced by statutory law. If such statutory law is not available in the respective case (regulatory gap) or would lead to an unacceptable result, the parties shall enter into negotiations to agree on a valid provision that comes as close as possible to the economic intent of the invalid provision.
