1. Scope of Application, Exclusion of Deviating Terms and Conditions

  1. The following General Terms and Conditions (hereinafter referred to as the “Terms of Use”) govern the contractual relationship between GOe FUTURE Management GmbH, City Campus, Hermann-Rein-Straße 3, 37075 Göttingen (hereinafter referred to as the “Provider”) and the respective users (hereinafter referred to as the “Users”) who make use of the services provided by the Provider on GOe Life (hereinafter referred to as the “Platform”).

  1. The services are intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Under this provision, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

  1. The applicability of the User's general contractual or business terms and conditions is expressly excluded. This shall also apply if the Provider has not expressly objected to such terms and/or provides services without objection.

2. Subject Matter of the Agreement

  1. The Provider offers Users the opportunity to become part of a web-based platform for communication and the exchange of information. Within the Platform, the User may

  1. present their own information on the Platform (e.g. personal profile or news);

  1. access and consume information published by other Users;

  1. contact and communicate with one or more Users via communication systems (chat, video conferences, comment functions);

  1. interact and communicate with other Users within dedicated formats (e.g. groups or events);

  1. or, depending on the access rights granted, offer such formats themselves on the Platform.

  1. Full use of the Platform requires free registration in accordance with Section 3.1.

  1. Any contractual relationships arising from communication between a User and other Users shall exist exclusively between the Users involved. The Provider shall neither become a contractual party nor act as a representative.

3. Registration and Creation of a User Account

  1. Use of the Platform requires registration and creation of a user account on the Platform (hereinafter referred to as the “Account”). Registration shall take place as follows:

  1. In order to register and create an Account, the User must provide the data requested in the registration form and, where applicable, create a password or enter their existing login details.

  1. By submitting the registration form and accepting these Terms of Use, the User submits an offer to conclude a user agreement.

  1. By submitting the registration form, the User confirms that they are acting as an entrepreneur within the meaning of Section 14 BGB.

  1. The Provider shall confirm receipt of the offer by sending the User an activation email and activating the Account. The user agreement between the Provider and the User regarding use of the Platform (hereinafter referred to as the “User Agreement”) shall be concluded upon activation of the Account by the Provider.

  1. Upon successful registration, an Account shall be created for the User, which the User may access using the email address and password provided. The password may be changed at any time via the Account.

  1. The Provider shall provide the User with the contractual text of these Terms of Use in text form (e.g. by email).

  1. Registration is permitted only in the User's own name and for their own account. The User must have reached the age of 18 at the time the agreement is concluded.

  1. Each User may register only once. One Account shall be created per User. An Account is non-transferable.

  1. There is no entitlement to registration or conclusion of a User Agreement. The Provider reserves the right to reject registration and the conclusion of a User Agreement without stating reasons.

  1. The data requested during registration, upon conclusion of the agreement and during use of the Platform must be provided completely and truthfully. If the data subsequently changes, the User is obliged to update the information without undue delay. Upon request by the Provider, the User shall confirm the accuracy of the data.

4. Invitation of Third Parties

  1. The User may invite other Users or third parties (collectively referred to as the “Invitees”) to use the Platform or participate in individual features or events on the Platform. For this purpose, the User may invite Invitees by email or via the Platform through their Account (hereinafter referred to as the “Invitation”).

  1. The User warrants that they will send Invitations to Invitees only if they are authorized to do so and have ensured that the Invitees have consented to receiving the Invitation.

  1. The provisions of this Section 4.3 apply exclusively to entrepreneurs within the meaning of Section 14 BGB. If Invitees assert claims against the Provider due to the unsolicited transmission of an Invitation, the User shall indemnify the Provider against all claims arising in connection with the transmission of the Invitation. The Provider reserves the right to assert further claims against the User arising from this matter.

5. Account Use, Sanctions and Account Suspension

  1. The User undertakes to use the Provider's Platform in compliance with applicable laws. In particular, the User undertakes

  1. not to provide false information regarding their own data;

  1. not to use any content on the Platform that violates youth protection laws or criminal laws or is pornographic in nature;

  1. not to use legally protected content without being authorized to do so;

  1. not to use any content on the Platform that infringes copyrights, trademark rights, other intellectual property rights or personal rights;

  1. not to publish content containing incitement or hate speech against companies;

  1. to use only content on the Platform for which the User has the necessary rights of use;

  1. The Provider shall be entitled to permanently delete content and information that violates these Terms of Use or applicable laws or that is otherwise offensive and/or inappropriate. The User shall have no claim to the restoration of content that has been deleted.

  1. If a User violates these Terms of Use or applicable laws, or if there is another good cause (e.g. repeated or particularly serious violations, criminal content or misuse of the Platform), the Provider may

  1. modify or delete the User's content and information;

  1. restrict the use of the Platform and the Account temporarily or suspend the Account permanently;

  1. terminate the agreement with the User concerned without notice.

  1. The Provider may impose these sanctions without prior notice and without consultation with the User, even against the User's express wishes. After imposing sanctions, the Provider shall give the User an opportunity to comment and shall review the sanctions again upon receipt of a counterstatement.

  1. Following a final suspension, the User shall have no claim to restoration of the suspended Account. Once a User has been suspended, they may not register or log in using another Account.

6. Confidentiality of Login Credentials

  1. The User is obliged to keep their login credentials, passwords, etc. confidential and not to disclose their access credentials to unauthorized third parties, and to log out after each session. Declarations and actions made or carried out following a login using the User's credentials may be attributed to the User even if the User was unaware of them. Such attribution shall apply in particular if the User has intentionally or negligently provided unauthorized third parties with access to the password or Account. The User shall inform the Provider without undue delay as soon as they become aware that unauthorized third parties have gained access to or knowledge of their login credentials.

  1. In the event of a justified suspicion that login credentials have become known to unauthorized third parties, the Provider shall be entitled, but not obliged, to independently change the login credentials at its discretion for security reasons and/or block access to the Account without prior notice. The Provider shall inform the User of this without undue delay and shall provide new login credentials upon request within a reasonable period. The User shall have no claim to restoration of the original login credentials.

7. Grant of Rights

  1. The User grants the Provider an unrestricted, irrevocable, transferable to third parties, non-exclusive and royalty-free right, unlimited in terms of territory, duration and content, to use the content uploaded by the User to the Platform (hereinafter referred to as “User Content”). This includes, in particular, the right to reproduce, use, operate, copy, publicly perform or display, distribute, modify, translate and create derivative versions of the User Content, as well as the right to edit such content. In particular, the Provider shall be entitled to technically process, prepare and adapt User Content so that it can also be displayed on mobile devices or in services and software applications.

  1. The User waives the right to be identified as the author.

  1. The User undertakes to upload only User Content and create content that does not infringe any third-party rights, in particular trademark, competition, copyright, ownership or personal rights.

  1. The User shall indemnify the Provider against all third-party claims asserted against the Provider due to the infringement of third-party rights through User Content uploaded by the User or through the User's other use of the application, including reasonable costs of legal defense.

8. Use of Artificial Intelligence (AI)

  1. The Provider shall be entitled to use AI systems provided by the Provider itself or by third parties. Such use shall take place within the scope of the contractually agreed purposes and in compliance with the applicable legal requirements, in particular data protection law and the requirements of the AI Act, where applicable.

  1. The Provider shall be entitled to process and use all data, content and other information provided or generated by the User in the course of using the Platform for the provision and safeguarding of the contractual services (including analysis, classification, error diagnosis, performance optimization and security), as well as for the development, improvement, training and testing of the AI systems and other products and services used by the Provider, unless mandatory statutory provisions prevent this.

  1. Where personal data is concerned, processing shall be carried out exclusively on an applicable legal basis under the GDPR (in particular Article 6 GDPR). The User shall ensure that they have an adequate legal basis for the transfer and use of personal data by the Provider with regard to the data subjects concerned (e.g. consent or a statutory permission) and that all required information obligations have been fulfilled.

  1. The Provider shall be entitled to modify or replace the AI systems used, their functionality and the underlying technical infrastructure at any time, provided that this does not unreasonably impair the contractual services owed to the Customer or is necessary to comply with legal or regulatory requirements.

  1. The Provider shall be entitled to create anonymized and/or aggregated data from the processed data and use such data for an unlimited period for its own purposes (including statistical analyses, benchmarking, product development and AI model development), provided that it is impossible to identify the User or individual data subjects.

9. Term and Termination

  1. The User Agreement may be terminated at any time.

  1. The User may terminate the agreement via their Account on the Platform by deleting their Account. Alternatively, the termination notice may be submitted by email or by any other notification in text form.

  1. The right to terminate the agreement for good cause shall remain unaffected.

10. Consequences of Termination

Upon termination of the User Agreement, the personal data stored by the User shall be deleted by the Provider within six months after expiry of the statutory limitation periods for any claims by the User or the Provider, unless reasons such as a legitimate interest of the Provider prevent deletion. If the Provider is not legally or otherwise permitted to delete the data, it may alternatively block the data. As soon as the Provider is permitted to delete the aforementioned data, the data shall also be deleted by the Provider. The rights of data subjects under the General Data Protection Regulation (GDPR) shall remain unaffected.

11. Modifications to the Platform

  1. The Provider reserves the right to continuously adapt and improve the functionality of the Platform.

  1. The Provider shall be entitled to discontinue or modify the free services provided on the Platform at any time.

  1. The Provider shall be entitled to modify the Platform or individual functions of the Platform for technical reasons, provided that this is reasonable for the User or required by law.

12. Limitations of Liability

  1. Subject to the further provisions of this Section 11, the Provider shall be liable only where and to the extent that intent or gross negligence is attributable to the Provider, its legal representatives, executive employees, employees or other vicarious agents. In the event of default by the Provider or impossibility of performance for which the Provider is responsible, as well as in the event of a breach of essential contractual obligations (so-called cardinal obligations), the Provider shall be liable for any culpable conduct on its own part and that of its legal representatives, executive employees, employees or other vicarious agents. Essential contractual obligations are understood in the abstract as obligations whose fulfillment is essential for the proper performance of the User Agreement and on whose compliance the User may regularly rely.

  1. Except in cases of intent or gross negligence on the part of the Provider, its legal representatives, executive employees, employees or other vicarious agents, the Provider's liability shall be limited in amount to the damages typically foreseeable at the time the agreement was concluded.

  1. The exclusions and limitations of liability set out in Sections 11.1 and 11.2 above shall not apply in the event of an express guarantee being assumed, claims due to the absence of warranted characteristics, damages arising from injury to life, body or health, or in cases of mandatory statutory provisions. The limitations of liability set out in Section 11.2 shall also not apply in the event of default by the Provider with regard to claims for default interest, the lump-sum compensation pursuant to Section 288 (5) BGB, or compensation for damage consisting of legal enforcement costs.

  1. Claims under the German Product Liability Act shall remain unaffected by the provisions of this Section 11.

13. Indemnification

The User shall indemnify the Provider against all third-party claims, in particular claims arising from copyright and intellectual property rights infringements, asserted against the Provider in connection with the contractual use of User Content or other content uploaded to the Platform by the User, upon first request. The indemnification shall also include reimbursement of costs incurred or incurred by the Provider in connection with legal proceedings or legal defense. Further claims for damages by the Provider shall remain unaffected. To the extent that the Provider is itself responsible for the infringement, claims against the User shall be excluded.

14. Reference to Data Protection Information

The Provider refers the User to the data protection information pursuant to Article 13 GDPR, which can be accessed at the following address:

 https://goe-future.loftos.com/privacy-policy 

15. Language, Contract Text, Applicable Law, Place of Jurisdiction and Place of Performance

  1. The contractual language is German.

  1. Only the German version of these Terms of Use shall be legally binding. If an English version of the Terms of Use is provided, it shall serve solely for informational purposes and shall have no legal effect.

  1. All contractual texts are accessible to the User in their Account in the current version.

  1. These Terms of Use and the agreements governed by them shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

  1. The place of jurisdiction for all disputes arising from or in connection with these Terms of Use shall be the registered office of the Provider. However, the Provider shall also be entitled to bring legal proceedings at the registered office of the User.

  1. The place of performance shall be the registered office of the Provider.

16. Amendments to These Terms of Use

  1. The Provider reserves the right to unilaterally amend these Terms of Use if this appears objectively justified. Objective justification includes, for example, an expansion or modification of the Platform's functions, a change in the legal or statutory framework (e.g. if case law declares a clause invalid), or unforeseen changes that were not caused by the Provider and over which the Provider has no influence, which materially disrupt the equivalence of the contractual relationship existing at the time the agreement was concluded. Any amendment must always be reasonable for the User.

  1. The User shall be informed of amendments to the Terms of Use. They shall be deemed approved if the User does not object to the amended Terms of Use in writing or by email within four (4) weeks and the Provider has informed the User of the legal consequences of failing to object.