Legal Notice, General Terms and Conditions (GTC) for the use of the Gruups App

 

Last update: 1.1.2021

 

Legal Notice

Access and use of the platform requires compliance with the following terms of use ("General Terms and Conditions"). These General Terms and Conditions apply to all users and customers who access or use the Service. They represent the contractual agreements that govern your relationship with Gruups.

 

By accessing or using the Service, you agree to be bound by and accept the most current version of our Terms and Conditions, as these Terms and Conditions are subject to change by us at any time, effective immediately.

 

If you do not agree to the Terms and Conditions or any part of them, you may not access the Service and must cease using it.

 

Liability for contents


The contents of our pages were created with the greatest care. However, we cannot guarantee that the contents are correct, complete and up-to-date. As a service provider, we are responsible for our own content on these pages in accordance with § 7 para.1 TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG we are not obliged to monitor transmitted or stored information from third parties or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a concrete infringement. If we become aware of any such legal infringements, we will remove the content in question immediately.

Liability for links


Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore we cannot assume any liability for these external contents. The respective provider or operator of the sites is always responsible for the contents of the linked sites. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not identified at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.

Copyright


The contents and works on these pages created or used by the site operators are subject to German copyright law. The reproduction, editing, distribution and any kind of use outside the limits of copyright law require the consent of the respective author or creator. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such contents immediately.

Terms

 

User

A user is a registered user who has a user account ("User Account") with Gruups. Users must log in with their telephone number to access the Platform and its services and to write private and public messages on the Platform. Use and registration of a user account are free of charge. Registration requires personal data for authentication (name, profile picture, e-mail or mobile phone number, if applicable).

 

Creator / Channel Owner

The terms "Creator" and "Channel Owner" have the same meaning. This refers to the operators of the discussion channels ("Channel").

Separate discussion channels are set up separately. If a user creates a channel, he automatically becomes a Channel Owner / Creator. This refers to all natural and legal persons who have registered as Users and subsequently as Creators with that account.

 

Channels (public channels)

Channels refer to the operators of discussions accessible to registered users as well as the sum of all discussions in individual channels (channels) in a higher instance. The discussions published in the channels can be read by registered users as well as by anonymous third parties.

Direct messages (private messages)

Direct messages are direct, non-public messages between two registered users (1:1 communication). You can send private messages to other users or channel owners. Direct messages are not actively moderated. It is also possible to chat directly with the channel owner. Individual contacts can be reported or blocked for direct messages.

 

Role of Gruups

Brandslisten provides with Gruups a communication possibility between users of the platform.

By registering on the Gruups App, users accept these Terms and Conditions.

As the platform operator, Gruups is not responsible for the content published by users. Gruups does not warrant the accuracy or compliance with third party copyrights. All public contributions are checked in text and image upon publication and, in case of suspicion, are automatically deleted via a point system assigned by an algorithm. The user cannot object to this. Furthermore, Gruups does not guarantee the authenticity and activity of channel owners and users.

Gruups reserves the right to change or discontinue any or all of the Services, or any portion of the Services, without notice. No legal claims can be derived from this. Creator as well as Users waive any legal claims and agree not to assert them (waiver of action).

Gruups has the right to enter into its own contractual terms with users or channel operators that go beyond these Terms and Conditions.

 

Restrictions

The Gruups (native) App as well as the portal may not be used for purposes that violate the terms and conditions or are otherwise illegal or unethical. Third party rights may not be infringed. Gruups reserves the right to review users and channel owners and their content and activities at any time.

Gruups reminds Channel Owners of what their obligations are, but cannot guarantee or accept liability for the conduct of those.

 

Further, Gruups cannot be held responsible for the conduct or content of users.

Gruups provides a reporting system for users to encourage and monitor compliance with the desired conduct. Channel owners are required to check the harmlessness of the content published in their area, as false-positive ratings are possible despite AI-based checks.

 

Termination

Gruups may terminate or suspend a Creator's account, and therefore its Channel, and a User's account without notice or liability for any reason, including without limitation for any period of time, if these Terms and Conditions are breached.

 

Upon termination, the right to use the Gruups Services immediately ceases.

If Users or Creators wish to terminate their account, they may simply stop using the Services. Users and Channel Owners can delete their account and user data at any time via the menu item "Settings".

 

Disclaimer of liability

The use of Gruups is at your own risk and responsibility. The use of Gruups by Users and Creator is on an "AS IS" - and "AS AVAILABLE" basis. Gruups' service to Creator and Users is provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or performance.

Gruups, its parent, subsidiaries, affiliates and its licensors do not warrant that: a) the Service will be uninterrupted, secure, or available at any particular time or location; b) errors or defects will be corrected; c) the Service will be free of viruses or other harmful components; or d) the results of use of the Service will meet your requirements.

 

Confidentiality, ownership of results and privacy

Users and Channel Owners are solely responsible for the security of their accounts so that they are protected from unauthorized access. For example, inaccessibility of your own telephone number or email account in use.

 

All data and intellectual property (such as design and copyrights, etc.) created by the Channel Owner in the course of providing the Service is the property of Gruups, whether or not the data or intellectual property is protectable. By accepting these terms and conditions, users and Channel Owner transfer the rights to data or intellectual property to Brandslisten GmbH, in particular the copyrights to content published by them on Gruups. Users and Channel Owners acknowledge that Gruups may dispose of such data or intellectual property in its sole discretion without limitation or additional compensation. Users and Channel Owners expressly waive the right to be named as author.

 

Gruups agrees to comply with applicable data protection legislation within Germany and the EU. Channel Owners and Users of Gruups agree that the information (including personal information) provided by them may be stored and analysed for the purpose of further development, customised offers, including targeted advertising, by Gruups and by third parties in a contractual relationship with Gruups. Data may be processed abroad. Gruups guarantees compliance with the data protection regulations of Germany and the EU. To the extent permitted by law, Gruups excludes any warranty or liability of any kind. There is no claim for compensation if it is not possible to use the platforms (interruptions, problems).

 

Hamburg, Germany is the place of jurisdiction for all disputes in connection with the use of the platforms.