TERMS AND CONDITIONS
1.1. The following terms and conditions regulate the use of the website https://www.tabtracks.com. This website is operated by the Adventurebox GmbH, Kaiserallee 21, 76133 Karlsruhe. Tabtracks.com is a product of Adventurebox GmbH. The Adventurebox GmbH is an official Reseller of espoto GmbH, Am Luftschiffhafen 1, 14471 Potsdam,Phone: +49 (0)30 555 700 481,firstname.lastname@example.org,www.espoto.com.
2.1. The contents of our pages were created with great care. However, we can not assume any liability for the content correctness, completeness and topicality of the content. As a service provider we are responsible according to § 7 Abs.1 TMG for own contents on these sides according to the general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obligated to monitor transmitted or stored third-party information or to investigate circumstances that indicate an illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this context is only possible from the time of knowledge of a concrete violation of the law. As soon as we become aware of such violations of the law, we will remove these contents immediately.
2.3. Our website includes links to external websites of third parties over whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the site is always responsible for the contents of the linked sites. The linked pages were checked for possible infringements of the law at the time of linking. Illegal contents were not recognizable at the time of linking. Ongoing monitoring of the content of the linked pages, however, is unreasonable without concrete evidence of a violation of the law. If we become informed of any legal breaches, we will remove such links immediately.
2.2. Adventurebox GmbH is authorized, to stop, change and/or delete the operation of the website completely or partially at any time. For this reason, Adventurebox GmbH takes over no guarantee for the uninterrupted availability of the website.
3.1. In the event that Adventurebox GmbH provides the website completely or partially password-protected, access to these pages is only available to registered users. There is no claim to a registration by Adventurebox GmbH. If a registration is planned, the user is obliged to give truthful information for the registration and to inform any later changes, which were queried during the registration, immediately during the next usage.
3.2. The user is alone responsible for the security of his password. A transfer to third parties is not permitted. If unauthorized persons know the password, the user is required to change his password immediately.
- Data privacy protection
4.1 The use of our website is generally possible without providing personal data. As far as on our sides personal data (for example name, address or email addresses) are raised, this takes place, as far as possible, always on voluntarily basis. This data will not be forwarded to third parties without your express permission.
4.2 We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can have security gaps. A total protection of data against access by third parties is not possible.
4.3 The use of the contact data published within the scope of the imprint obligation by third parties for sending unsolicited advertising and information material is strictly disallowed. The operators of these pages expressly reserve the right to take legal steps in the event of the unrequested sending of advertising information, for example by spam mails.
4.4 Further details on the data protection regulations can be found on the page https://www.tabtracks.com/datenschutz
5.1 All contents of this website, in particular logos, video clips, films, photos, texts, business names and trademarks, are protected by copyright and ancillary copyright. Users may not reproduce, modify, duplicate, resell or use for commercial or non-commercial purposes any intellectual property or other contents of the Tabtracks website without the prior written consent of Adventurebox GmbH.
5.2 As far as the contents on this site were not created by Adventurebox GmbH, the copyrights of third parties are respected. In particular, the contents of third parties are labelled as such. Should you still become aware of a copyright infringement, please inform us accordingly. As soon as we become aware of any such infringements, we will remove such content immediately.
By requesting and activating a test account you automatically agree to receive the free newsletter. You can cancel your subscription at any time. You will find a link to unsubscribe at the end of each newsletter.
- Consequences of unauthorised use
- Applicable law and place of jurisdiction
The use of Tabtracks is subject to German law. The exclusive place of jurisdiction for any legal proceedings resulting from the use of tab tracks is Mannheim.
9.1. Should individual regulations be completely or partially ineffective, this does not affect the validity of the remaining regulations.
9.2. If a user has any concerns about the security of this website or about copyrights or trademark rights, he is advised to inform Adventurebox GmbH at the following e-mail address: email@example.com
GENERAL TERMS AND CONDITIONS OF THE TABTRACKS GAME APP, THE TABTRACKS QUIZ APP AND THE PHOTO GROUPS APPI. Allgemeines
- Adventurebox GmbH, Kaiserallee 21, 76133 Karlsruhe, Germany (hereinafter “Adventurebox”) distributes the mobile software “Tabtracks” (hereinafter “Game App”), “the Tabtracks Quiz” (hereinafter “Quiz App”) and “PixLib Photo App” (hereinafter “Photo App”), (collectively “Software”). The use of the software is performed by the administration functions of the editorial system (“Backend”) operated by Adventurebox GmbH in connection with the respective client software, which is installed on mobile devices of the participants (“Basic-App”).
- These General Terms and Conditions (“GTC”) apply in business transactions with companies, legal entities under public law or special funds under public law exclusively to all contracts for the delivery of the respective basic app, the availability of the backend, as well as any ordered adjustments and further commissioned services (e.g. consulting, instruction and training) and for pre-contractual obligations related thereto with Adventurebox GmbH. They also apply to all future contracts in connection with the above-mentioned deliveries and services, even if they are not expressly agreed again.
- Even in the event of repeated services, no dealer agreement or other sales agreement shall be concluded between the contracting parties. Neither exclusivity nor territorial protection has been agreed. (except area protection for certain tabtracks games) Such agreements must be in written form; this also applies to an agreement to waive the written form. The application, including the analogue application, of the law governing commercial agents is excluded.
- In the event that the customer does not wish to accept the GTC, he must notify Adventurebox GmbH in writing first. Deviating (purchasing) conditions of the customer or third parties are rejected. Thus the terms and conditions of the customer or third parties do not apply even if Adventurebox does not contradict their validity separately in individual cases or if Adventurebox refers to a letter containing or referring to terms and conditions of the customer or a third party.
- 2 Offer and Contract Conclusion
- The product and service descriptions of Adventurebox do not yet represent a binding offer.
- A contract conclusion and thus a contractual relationship about the individual service is accomplished by an order confirmation of Adventurebox, by conclusive action, especially if Adventurebox begins after the order by the customer with the contractual service provision, or by the fact that the customer accepts a binding offer of Adventurebox.
- The customer is bound to statements for the conclusion of contracts (contract offers) for two weeks.
- The services of Adventurebox comprise the permanent provision of the respective basic app (paragraph II.) as well as the temporary provision of the backend for retrieval via the Internet within the scope of the agreed availability (paragraph III.). At the request of the customer also the adaptation of the basic app as well as on special request also of the backend, in particular using graphics and texts of the customer (paragraph IV.) as well as further services, in particular in connection with the software (paragraph V.).
- As far as services of the support are contractually agreed, these are only provided during the usual business hours of Adventurebox (Tuesday to Friday from 10:00 to 17:00 CET, except on legal holidays in the federal state Baden-Württemberg). Support can be limited by individual contracts according to the way in which it is provided (e.g. exclusively via a ticket system) and with regard to its duration (e.g. limited to a certain number of hours per month).
- The concrete content of the services owed by Adventurebox results from the individual contract together with any agreed amendments and supplements to the contract. If in exceptional cases an individual contract is not present, the concrete service content results from the order confirmation or the offer of Adventurebox. Adventurebox is entitled to minor deviations from the agreed service provision as long as these do not impair the quality of the service and are reasonable for the customer.
- Product descriptions, illustrations, test programs etc. are performance descriptions, but no guarantees. A guarantee requires the express written declaration by a managing director or authorized signatory of Adventurebox. Other employees of Adventurebox are not authorized to declare warranties.
- As long as achievements of Adventurebox are free for the customer, the achievements of Adventurebox are purely voluntary and the customer has no requirement against Adventurebox on continuation of the achievements. Adventurebox reserves the right to stop the free services at any time without prior notice. In this respect, the customer is also not entitled to receive updates.
- Only managing directors and authorized signatories of Adventurebox are authorized to make verbal subsidiary agreements or to give verbal assurances which go beyond the content of the written contract.
- Adventurebox may also provide its services through third parties.
- 4 Game App and Quiz App in an event model
- In the event model, the customer uses the game app and the quiz app for day events with a fixed number of mobile devices (“event”). The customer registers events with Adventurebox at least five working days (Monday to Saturday with the exception of public holidays in the federal state of Baden-Württembrg) before the planned event. The customer creates an “account” in the backend for each team of participants.
- The customer may use the Game-App and Quiz-App exclusively for the purpose of content (e.g. Teamevent, Teamtraining, firstday@work, Quiz-Event), time (date, start and end time) and locally determined events registered at Adventurebox according to the contract. Use is limited to the number of mobile devices registered for the event and ends after a maximum of 24 hours, calculated from the registered start of the event.
- The project responsibility for the organisational implementation of the event lies with the customer.
- 5 Game-App and Quiz-App as open application
- When used as an open application, the customer uses the game app and the quiz app within the scope of the application options agreed in the individual contract with an indefinite number of mobile devices. This however with a certain number of information connected with coordinate points and stored in the backend of Adventurebox (“Tabspots”, “Quests”, “Votings”) for the Game-App or with a fixed number of questions and answers (“Quizzies”) for the Quiz-App.
- The customer determines the duration of the open application, which is a maximum of two years.
- § 4 (3) applies accordingly to open applications.
- The customer uses the Photo-App to support events. Without prior written consent of Adventurebox, the Photo-App itself may not be the central object of an event, for example in the sense of a Photo-App event.
- The customer ensures that no unauthorized photos are created and/or distributed using the Photo-App. In particular, photos that violate the law, an official order or morality are inadmissible; This includes in particular violations of the General Equal Treatment Act and the provisions of the protection of minors and data protection, criminal offences, anti-competitive acts, violations of the rights of third parties, in particular the general right of personality, the right to one’s own image, copyrights, rights to a name, trademark, company and other industrial property rights, as well as pornographic, violence glorifying, discriminating, racist, extreme right or religious feelings violating contents.
- In the case of photos whose use could be contrary to the rights of third parties (e.g. the right to one’s own picture, copyrights and industrial property rights), the customer is obliged to clarify and obtain rights in advance to the extent necessary to achieve the purpose of the contract. In particular, the customer will check before each placement of photos in the backend whether the customer has the necessary rights to use them within the scope of the contract as well as in relation to the execution of the contract by Adventurebox. Upon request, the customer will immediately provide Adventurebox with evidence of sufficient ownership and/or acquisition of rights.
- In case of a breach of duty according to paragraphs 2 to 3 Adventurebox is entitled to block and/or delete any affected photos with immediate effect and/or to terminate the customer without notice. The same applies if Adventurebox is informed by third parties that the customer creates or distributes photos in violation of the obligations contained in paragraph 2, unless the assertion of an infringement is obviously incorrect.
- The customer has to indemnify Adventurebox for the damage resulting from a breach of duty, unless the customer is not responsible for this. The customer releases Adventurebox from all disadvantages which arise due to the use of Adventurebox by third parties due to damaging actions of the customer for which the customer is responsible.
- Adventurebox can check photos of the customer. However, Adventurebox is not obliged in this respect.
- 7 Prices, incidental costs
- The prices of the services owed by Adventurebox result from the contract signed by both parties as well as any agreed contractual amendments and supplements, and in the absence of such a contractual document from the offer of Adventurebox, alternatively from the current price list valid at the time of the agreement of the respective service provision.
- Unless other agreements have been made, the remuneration of Adventurebox
- for Game-App and Quiz-App in the event model is determined by the number of accounts registered per event;
- for Game-App and Quiz-App in the open application model is determined by the number of activated tabs or Quizzies;
- for the use of the Photo-App is determined by months.
- The prices mentioned do not include any taxes, levies and customs duties that may be incurred in the cross-border movement of goods and services, incidental costs of monetary transactions and the respective statutory value-added tax, if applicable.
- Unless otherwise agreed, the customer shall bear all expenses such as travel and accommodation costs, expenses and third-party claims for payment arising within the framework of the performance of the contract against proof. Travel times are to be compensated.
- If the contracting parties have not agreed on the remuneration of a service of Adventurebox, the provision of which the customer could expect under the circumstances only against remuneration, the customer has to pay the usual remuneration for this service. In case of doubt, the rates of remuneration demanded by Adventurebox GmbH for its services shall be deemed customary.
- Costs caused by subsequent changes of the service content initiated by the customer will be charged seperately.
- 8 Billing, payment and delay
- Game-App and Quiz-App in the event model are billed at the end of an event (monthly billing by arrangement) and in the open application model at the end of the term of an open application (§ 5 paragraph 2), but no later than one year after activation. The monthly fee for the Photo-App must be paid in advance and is due on the first day of each month.
- Unless otherwise agreed, Adventurebox’s invoices are payable immediately after invoicing without deduction.
- If payment has been agreed in advance, Adventurebox will only render the service after receipt of the transfer amount.
- If the customer does not pay on the due date, the outstanding amounts shall bear interest at 5% p.a. from the due date; the assertion of higher interest and further damages in the event of default shall remain unaffected.
- If the customer falls into delay, he shall be charged interest at the statutory rate from the relevant point in time. The assertion of a higher delay damage remains reserved to Adventurebox.
- Adventurebox is entitled, despite different regulations of the customer, to offset payments first against his older debts and will inform the customer about the type of settlement. If costs and interest have already been incurred, Adventurebox is entitled to offset the payment first against the costs, then against the interest and finally against the main claim.
- A payment is only considered to have been made when Adventurebox can dispose of the amount.
- If Adventurebox becomes aware of circumstances which objectively question the creditworthiness of the customer, in particular the customer suspends his payments or a debit note is returned in the absence of sufficient cover, Adventurebox is entitled to make the entire remaining debt due. In this case Adventurebox is also entitled to demand advance payments or security services.
- 9 Dates, deadlines and obstacles to performance
- Delivery and service dates or periods can be agreed as binding or non-binding. If they are to be binding, they must be in writing to be effective.
- For an impossibility of delivery or service delays due to force majeure or other events not foreseeable at the time of the conclusion of the contract – this includes in particular operational disturbances of any kind, difficulties in material or energy procurement, transport delays, strikes, legal lockouts, official orders or missing, incorrect or untimely delivery by suppliers, even if they occur at suppliers of Adventurebox or their subcontractors, problems with products of third parties (z.B. Changes or failures of interfaces of connected third software) – which Adventurebox is not responsible, Adventurebox is not liable.
- If events in the sense of paragraph 2 Adventurebox make the delivery or service substantially more difficult or impossible and the hindrance and the obstacle is not only of temporary duration, Adventurebox is entitled to withdraw or to terminate the respective individual contract. If such events lead to obstacles of a temporary duration, the delivery or performance periods are extended or the delivery or performance dates are postponed by the period of the hindrance plus an appropriate start-up period. If the hindrance lasts longer than two months, the customer is entitled to withdraw from the part of the respective individual contract that has not yet been fulfilled or to terminate the respective individual contract after setting a reasonable grace period with the threat of rejection.
- Paragraph 3 sentence 2 applies accordingly if the customer does not provide a cooperation service in breach of contract, e.g. does not provide information, does not create access, does not supply a provision or does not make employees available, or the customer is in default of payment. However, the right of the customer to withdraw or terminate the contract is excluded in these cases.
- If the contracting parties subsequently agree on other or additional services that affect agreed deadlines, these deadlines shall be extended by a reasonable period of time.
- Reminders and setting of deadlines by the customer must be in writing to become effective. An extension of time must be reasonable. A period of less than two weeks set by the customer is only appropriate in cases of particular urgency.
- 10 Set-off, retention and assignment
- The customer is only entitled to set-off and retention if the counterclaims due have been legally established, are undisputed or ready for a decision. The customer is, however, without the further requirements of sentence 1
- is also entitled to set-off if he wants to set off a claim against a claim of Adventurebox which is in a mutual relationship to the claim of the customer (e.g. set-off against a calim for damages due to non-performance or default against the claim for payment of the remuneration owed),
- is also entitled to retention if the right of retention is asserted on the basis of counterclaims arising from the same contractual relationship.
- Except in the area of §354a HGB the customer can only assign claims from this contract to third parties with Adventurebox’s prior written consent.
- 11 Supplied by the customer
If the customer provides materials (e.g. texts, graphics) the use of which could conflict with the rights of third parties (e.g. copyrights and industrial property rights), the customer is obliged to clarify and obtain rights in advance to the extent necessary to achieve the purpose of the contract. Article 6 paragraph 3 sentences 2 and 3 and paragraphs 5 and 6 shall apply accordingly.
- 12 Subsidiary and cooperation services of the customer
- The customer will support Adventurebox in the fulfilment of the contractual services of Adventurebox to an appropriate extent. In particular the customer ensures the conditions lying in his sphere of operation, as far as this is necessary for the contractual provision of the services of Adventurebox.
- The customer is obliged to report Adventurebox errors to the software immediately. The customer will pass on to Adventurebox all information available to the customer which is necessary for the elimination of malfunctions.
- Unless otherwise agreed in individual contracts, the customer shall take adequate precautions in the event that the software does not work properly in whole or in part (e.g. by data backup, fault diagnosis, regular checking of the results, emergency planning).
- The customer is committed to protect the software of Adventurebox by suitable precautions against unauthorized access by third parties. In particular, the customer shall keep access data and user documentation in a secure location. The customer will also expressly inform the third parties authorised by the customer to use Adventurebox software in accordance with the provisions of the individual contract of compliance with these contractual conditions as well as the provisions of the general right of personality, in particular the right to one’s own image, and the copyright.
- 13 Binding and terminating the contract in the event of disruptions to performance
- The termination of the further exchange of services as a result of performance problems (e.g. in the event of withdrawal, termination for good cause or damages in lieu of performance) as well as the reduction of the agreed remuneration must always be threatened, stating the reason and setting a reasonable deadline for rectification (usually at least two weeks). Only after the unsuccessful expiry of this period can the termination or reduction become effective. In the cases of § 323 para. 2 BGB the setting of a deadline can be omitted. Whoever is entirely or predominantly responsible for the default cannot demand the reversal of the default.
- All declarations in this context must be made in writing to be effective.
- The software has the agreed quality, is suitable for the contractually required, otherwise normal use and has the quality customary for software of this type.
- Claims for material defects are particularly excluded in the case of
- deliveries and services of Adventurebox for which the customer does not owe any consideration, in particular the provision of the basic app;
- only insignificant deviations from the agreed quality and only insignificant impairments of usability;
- functional impairments of the software, which result from faulty operation, the use of the software outside the agreed environmental conditions, the modification of the software in breach of contract or a defect of hardware not supplied by Adventurebox, as far as Adventurebox is not responsible for this;
- a violation of the statutory obligation to examine or give notice of defects in accordance with §§ 377 and 381 HGB or in the case of a rental agreement a violation of the immediate notification of defects in accordance with § 536c BGB;
- deficiencies which the customer knew when the contract was concluded; if the customer is unaware of a defect due to gross negligence, the customer can only assert rights due to this defect if Adventurebox maliciously concealed the defect or assumed a guarantee for the quality of the software;
- that the software is to be used as intended in an area outside the Federal Republic of Germany if the software violates technical standards, legal or other sovereign provisions that apply in the country of the customer or in another area outside the Federal Republic of Germany in which the software is to be resold or used as intended and the Adventurebox neither knew nor had to know; Adventurebox is not obliged to examine the special features of foreign law; the above restrictions apply regardless of whether the delivery is based on a purchase, work contract, rental agreement or any other agreement on the transfer of the software.
- The customer will support Adventurebox with the error analysis and fault removal by describing concretely occurring problems, informing Adventurebox comprehensively and granting Adventurebox the time and opportunity necessary for the fault removal.
- The removal of the defect can take place temporarily until the final removal of the defect, which is to be made up within a reasonable period of time, by Adventurebox showing possibilities to avoid the effects of the defect in the sense of a workaround, as far and as long as this is reasonable for the customer. A new or a previous program version which did not contain the error must be adopted by the customer if this is reasonable for the customer.
- If an error communicated by the customer cannot be determined or Adventurebox is not responsible for the error according to paragraph 2 lit. c), the customer bears the costs of Adventurebox according to the agreed and/or usual prices.
- The guarantee of qualities must be in writing in order to be effective.
- The statute of limitations is based on § 17.
- The exclusions and limitations of the customer’s rights according to this § 14 do not apply if Adventurebox acted maliciously or assumed a guarantee for the condition of the item.
- A claim for damages or compensation of futile expenses due to a defect, which already exists at the conclusion of the contract, exists only if Adventurebox is responsible for the defect.
- For the extent and the height of the adhesion on payment of damages and replacement of futile expenditures because of a lack for which Adventurebox is responsible § 16 (adhesion of Adventurebox) applies.
- Adventurebox guarantees that the contractual use of the software in the Federal Republic of Germany does not conflict with any rights of third parties. Adventurebox is only obliged to examine conflicting industrial property rights or other intellectual property rights of third parties for the territory of the Federal Republic of Germany.
- In the event that the software is to be used as intended in an area outside the Federal Republic of Germany, a defect of title due to an opposing industrial property right or other intellectual property of third parties only exists if Adventurebox knew or should have known this at the conclusion of the contract; the above restrictions apply irrespective of whether the delivery is based on a purchase, work, rental contract or any other agreement on the transfer of software.
- In case of defects of title Adventurebox warrants that Adventurebox modifies or replaces the software at Adventurebox’s discretion in such a way that no more rights of third parties are infringed, but the software continues to fulfil the contractually agreed functions, or provides the customer with the right of use by conclusion of a license agreement.
- The customer shall immediately inform Adventurebox in writing if third parties assert property rights (e.g. copyrights, trademark rights or patent rights) to the software. The customer authorizes Adventurebox to conduct the dispute with the third party alone. If Adventurebox makes use of this authorization, the customer may not acknowledge the claims of the third party without the consent of Adventurebox. Adventurebox will then defend the claims of the third party at its own expense and indemnify the customer from all necessary costs associated with the defence of these claims, insofar as these are not based on the customer’s conduct contrary to duty (e.g. the use of the software contrary to the contract).
- § 14 (2) (d) and (6) to (10) shall apply accordingly.
- 16 Liability of Adventurebox
- The liability of Adventurebox for damages, no matter for what legal reason (e.g. from impossibility, delay, defective or wrong delivery or service, breach of contract and tort), is limited, if the liability presupposes a fault of Adventurebox, according to this § 16 (liability of Adventurebox).
- The liability of Adventurebox for simple carelessness is excluded, as far as there is not the violation of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the customer could rely and whose non-performance endangers the achievement of the purpose of the contract (so-called “cardinal obligation). In the event of a breach of such an essential contractual obligation, Adventurebox’s liability in case of simple negligence is limited to typical contractual damages foreseeable at the time of conclusion of the contract. In case of simple negligence Adventurebox is liable at the most in the amount of the liability limits agreed in the individual contract.
- In case of coarse negligence the liability of Adventurebox is limited to damages foreseeable and typical for the contract at the time of conclusion of the contract.
- The above exclusions and limitations of liability in paragraphs 2 and 3 shall apply retroactively to the same extent for claims arising from the breach of obligations in the negotiations on this contract.
- As far as Adventurebox itself is not obliged to carry out data backup measures, liability for data loss is limited by the typical restoration expenditure; this is measured by the damage which would have occurred if reasonable security measures had been taken on the basis of the care of a prudent businessman by the customer.
- As far as the breach of duty of Adventurebox concerns deliveries and services, which Adventurebox provides to the customer voluntarily and free of charge (e.g. in the context of a donation, loan or free agency as well as in pure favors), the liability for simple negligence is excluded altogether. As far as Adventurebox gives technical information or acts in an advisory capacity after conclusion of the contract and this information or advice does not belong to the contractually agreed scope of services owed by Adventurebox, this is free of charge and under exclusion of any liability for negligent false information or advice.
- The liability exclusions and limitations of this § 16 (liability of Adventurebox) apply accordingly to claims for compensation of futile expenses.
- The liability exclusions and limitations of this § 16 (liability of Adventurebox) apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of Adventurebox.
- The restrictions of this § 16 (liability of Adventurebox) do not apply to the liability of Adventurebox because of intentional behaviour, because of injury to life, body or health, in cases of malice, with assumption of a guarantee or with claims according to the product liability law.
- 17 Statute of limitations
- The period of limitation is
- 1 year from submission of the effective declaration of withdrawal or reduction in price for claims arising from material deects or defects of title for repayment of the remuneration from withdrawal or reduction; withdrawal or reduction shall only be effective if they are declared as defects of title within the period specifiied in lit. b) for material defects or the period specified in lit. c);
- 1 year for claims arising from material defects which do not relate to the repayment of compensation for withdrawal or reduction;
- 2 years for claims arising from defects of title which do not relate to the repayment of the remuneration for withdrawal or reduction; if the defect of title is due to an exclusive right of a third party, on the basis of which the third party can demand surrender or destruction of the items handed over to the customer, however, the statutory period of limitation shall apply;
- 2 years for claims not based on material defects or defects of title for repayment of remuneration, damages or reimbursement of wasted expenses.
- Subject to a different individual contractual provision in the cases referred to in paragraph 1 b) and c) in accordance with the statutory provisions, in particular the applicable liability for defects law, in the case referred to in paragraph d), the limitation period commences from the time at which the customer becomes aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence.
- The limitation period shall commence at the latest upon expiry of the maximum periods specified in § 199 BGB.
- Deviating from the above, the statutory limitation provisions shall apply
- for claims for damages and reimbursement of wasted expenses due to gross negligence and in the cases mentioned in § 16 paragraph 9 (liability of Adventurebox),
- for claims due to a defect in the cases of § 438 Paragraph 1 No. 2 BGB and § 634a Paragraph 1 No. 2 BGB,
- for claims for reimbursement of expenses after termination of a rental agreement and
- for all claims other than those referred to in paragraph 1.
- Adventurebox provides the customer with the respective Basis-App via the relevant app download platforms (e.g. Google Play Store, Apple App Store).
- The customer receives the respective basic app consisting of the executable program. The customer has no claim to the surrender of the source code, the templates or other source products. The customer is also not entitled to receive updates.
- Adventurebox has no influence on the operation of the app download platform provided by third parties. Adventurebox therefore does not owe the unhindered access of the customer to the app download platform nor does Adventurebox take responsibility for their availability. The obligations of Adventurebox do not include the availability of the download possibilities of the operator of the app download platform. Adventurebox therefore assumes no responsibility for the functionality of the app download platform.
- 19 Customer’s rights to the basic app, scope of the transfer of usage rights
- Adventurebox grants the customer a simple right to use the basic app for the territory of the Federal Republic of Germany. If the right of use was granted to the customer free of charge, it is only of a contractual nature and can be terminated at any time by Adventurebox.
- The customer is entitled to install the basic app on his own mobile devices. The right of use is limited to the intended use of the basic app in connection with the use of the backend.
- All other acts of use, in particular the processing, decompilation, leasing and use of the basic app by and for third parties (e.g. through outsourcing, computer centre activities, application service providing, cloud services) as well as the duplication, examination, analysis and other use of the basic app for commercial purposes are not permitted without the prior written consent of Adventurebox.
- If the right of use does not arise or ends, Adventurebox can demand from the customer the return of the basic app as well as the destruction of all copies of the basic app and their extensions or the insurance of the customer that the basic app including all copies are destroyed.
- Adventurebox makes the backend available to the customer for retrieval via the Internet within the framework of the agreed availability (§ 22) on espoto GmbH servers.
- For the use of the photo app Adventurebox provides storage space in the backend within the contractually agreed scope and within the agreed availability (§ 22).
- The temporary transfer of software includes the maintenance of the usability of the software, but not its further development. The obligation to maintain therefore does not include adapting the software to the range of functions of competing products or establishing compatibility with new data formats.
- To use the backend, the customer must register as a user at Tabtracks.com and create a user account. The data required for registration must be provided by the customer completely and truthfully.
- During registration the customer receives a password from Tabtracks.com. The customer is obliged to keep the password secret and not to disclose it to third parties under any circumstances.
- If a customer is already registered as supervisor, event manager and/or operator, he may only register again with the express permission of Adventurebox.
- Adventurebox provides the backend to the customer with an annual average availability of 98 %. This does not include such times during which the use of the backend is interrupted or impaired for compelling technical reasons or due to necessary maintenance work (§ 23), for which Adventurebox is not responsible.
- Adventurebox’s obligations do not include the customer’s access to the Internet or the operation of data lines or data networks as parts of the public Internet. Adventurebox therefore assumes no responsibility for the operability of such data networks or such data lines to its servers with the exception of the data lines between its servers and the respective transfer point to the public Internet. Adventurebox does not take over the responsibility for power failures or for failures of networks or servers, over which Adventurebox has no influence.
The maintenance window of Adventurebox lies between 18.00 o’clock and 24.00 o’clock CET. Adventurebox informs the customer in advance of the time and the exact duration of the work as well as the concrete extent of the impairment of use three working days (Monday to Friday with the exception of legal holidays in the federal state Baden-Württemberg). The total duration of such planned maintenance work may not exceed twelve hours per quarter.
- 24 Property rights of Adventurebox at the backend, scope of the usage rights
- The copyright, patent rights, trademark rights and all other protective rights to the backend as well as to other objects, which Adventurebox grants or makes accessible to the customer within the framework of the initiation and execution of the contract, are exclusively entitled to Adventurebox in the relationship of the contracting parties.
- Adventurebox allows the customer to use the backend for retrieval via the Internet to the extent agreed in the individual contract and exclusively for the contractual purposes. The right of use is of a purely contractual nature and limited to use in the Federal Republic of Germany. The right of use is not transferable and is limited to the term of the contract.
- Any further use requires the prior written consent of Adventurebox.
- There is no claim to the release of the source code.
- 26 Duration of contract and termination
- The minimum contract period for the use of the backend for the Game-App and Quiz-App is one year from the conclusion of the contract. Each party may terminate the individual contract by giving one month’s notice to the end of the minimum contract term. If the contract is not terminated or is not terminated on time, the contract term is extended by another year in each case. In this case, too, a period of notice of one month to the end of the respective contract period applies.
- The individual contract for the use of the backend of the photo app is concluded for an indefinite period and can be terminated by either party at any time at the end of a calendar month.
- The right to terminate the contract for good cause remains unaffected.
- Any termination must be in writing.
- 27 Processing after termination, deletion of content
- The termination of the respective individual contract for the use of the Game-App or Quiz-App does not affect already activated tabspots or quizzes.
- After termination of the contract Adventurebox is entitled to delete all contents of the customer, in particular photos as well as editorial contents, e.g. Tabspots and Quizzes, stored in the backend. The deletion takes place at the earliest 21 calendar days after request by Adventurebox to the customer to save the contents.
- Creation of a white label app
At the customer’s request Adventurebox will adapt the Basis-App (paragraph II.) (hereinafter referred to as “White-Label-App”) using individual graphics and texts of the customer as well as the backend (paragraph III.) (hereinafter referred to as “White-Label-Backend”) upon special request.
- 28 Remuneration for the creation of a White-Label-App
- The costs for the adjustments result from the respective individual contract.
- It is made clear that the claim to the current remuneration of Adventurebox when using the white label app or the white label backend is determined according to §§ 7 paragraph 2.
- The customer will carefully check the adjustments and, if agreed in individual contracts, declare acceptance after successful completion of the test. The acceptance procedure begins after Adventurebox has informed the customer that the adapted software is ready for acceptance. The details of the examination, in particular also the duration, can be regulated in individual contracts.
- The customer is responsible for organising the acceptance procedure. Adventurebox supports the customer in the acceptance procedure, if necessary.
- During the inspection procedure, the customer shall immediately inform Adventurebox in text form of any deviations from the contractual agreements with concrete indication of the defect.
- Acceptance cannot be refused due to minor defects. Any remaining defects (in particular slight defects which do not hinder acceptance) will be recorded in the acceptance declaration and eliminated by Adventurebox within the scope of its liability for material defects and defects of title (§§ 14 and 15).
- Acceptance shall be deemed equivalent to acceptance if
- the customer uses the software adapted for him,
- the customer has not notified Adventurebox of any defects hindering acceptance within ten calendar days of Adventurebox’s notification of readiness for acceptance or
- the customer does not declare the acceptance within a reasonable period set by Adventurebox, although there are no defects hindering the acceptance.
If Adventurebox makes adjustments to the Basic-App and, if applicable, the backend on behalf of the customer, the rights of use to the work results achieved shall not apply to anything other than the rights of use to the Basic-App and the backend, unless otherwise agreed. In particular, the customer has a simple right of use according to § 19 and the right to use the backend according to § 24, Adventurebox the exclusive right to further exploitation of the performance results.
- 31 Functionality and ongoing use of the White-Label-App
- The functioning and ongoing use of the White-Label-App and, if applicable, the White-Label-Backend are governed by the general provisions under I. and III. 26 paragraphs 1 and 2 shall apply with the proviso that the contract term begins with the acceptance of the adjustments (§ 29).
- Unless otherwise agreed, Adventurebox will make the white label app available via the account of tab tracks via the relevant app download platforms (e.g. Google Play Store, Apple App Store). §18 (2) and (3) shall apply accordingly.
- The customer’s claim to updates, i.e. the bundling of several remedies of defects and/or malfunctions, is limited. Adventurebox determines the number of updates at its discretion. Usually Adventurebox provides updates for the white label app or the white label backend as soon as updates for the basic app or the backend are available. The customer is only entitled to updates during the term of the individual contract.
- It is clarified that no separate remuneration will be charged for the elimination of material defects and defects of title of the adjustments during statutory liability for defects.
- The obligation under paragraph 1 does not apply to new versions with extended functionality or other extended features, in particular upgrades and major updates.
- Software related services
Adventurebox offers, especially in connection with the software, various additional services with costs, in particular consulting, training and execution of lectures.
- 32 Performance of Adventurebox
The decision, where and how the service is rendered, is incumbent on Adventurebox, unless otherwise agreed in individual contracts. In particular, Adventurebox is free to design training courses; Adventurebox reserves the right to decide on the employee carrying out the training.
Unless otherwise agreed, the rights of use to the objects, files, documents and training materials provided or used in connection with the provision of the further service are exclusively entitled to Adventurebox. Any act of use not covered by the purpose of the contract requires the written consent of Adventurebox.
- 34 Duration of contract and termination
- The contract term results from the individual contract.
- As far as it concerns an indefinite continuous obligation relationship, the legal periods of notice apply. Fixed-term contracts end automatically after expiry without the need for termination.
- The right to terminate the contract for good cause remains unaffected.
- Any termination must be in writing.
- Final clauses
- The individual contracts concluded under consideration of these GTC as well as the future legal relations between Adventurebox and the customer are exclusively determined according to the law of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG); Art. 12 CISG remains unaffected.
- Unless otherwise specified in the individual contract, Adventurebox’s place of business is the place of performance.
- If the customer is a merchant, a legal entity under public law or a special fund under public law or if he does not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes in connection with the individual contracts concluded with the inclusion of these GTC is the place of business of Adventurebox. For lawsuits of Adventurebox GmbH against the customer, any further legal place of jurisdiction applies. These agreements on jurisdiction shall be governed exclusively by the law of the Federal Republic of Germany. Mandatory legal provisions concerning exclusive places of jurisdiction shall remain unaffected by this provision.
- Insofar as the individual contract concluded with the customer on the basis of these GTC contains loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the parties would have agreed according to the economic objectives of the individual contract if they had been aware of the loophole.