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Terms of use

Offices for Startups, Friedrichsberger Str 26, 10243 Berlin, operates under the name “Offices for Startups” an English-language website as well as other services, local and mobile applications, services and tools (hereinafter collectively “Offices for Startups services”).

These General Terms of Use (hereinafter “Terms of Use”) contain the basic rules for the use of Offices for Startups services. Terms and conditions of the user deviating from these conditions do not apply if they have not been confirmed in writing by Offices for Startups.

The terms of use and the Offices for Startups services are provided exclusively in English.

The information provided on this website is provided on an “as-is” basis without warranties of any kind either express or implied. Offices for Startups and its authors make no warranties or representations of any kind concerning any information contained in this website. This website is provided only as general information. The authors expressly disclaim all liability with respect to actions taken or not taken based upon the information contained herein or with respect to any errors or omissions in such information.

If you use the Offices for Startups services as a consumer and conclude contracts for paid services with Offices for Startups, you have a legal right of withdrawal, about which Offices for Startups instructs as follows:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us (email: [email protected]) of your decision by means of a clear statement (e.g. a letter sent by email) to revoke this contract. You can use the attached sample withdrawal form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.

Consequences of withdrawal

If you cancel this contract, we have made all payments to you that we have received from to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount, which is the proportion of the services already provided in the Compared to the total scope of the services provided in the contract.

Special instructions

Your right of withdrawal expires prematurely if we have completed the service owed and have only started to perform the service after you have given your express consent and at the same time have confirmed your knowledge that you will lose your right of withdrawal if we fully fulfil the contract.

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To Jean Boudin, Offices for Startups, Friedrichsberger Str 26, 10243 Berlin, email: [email protected]:

Hereby I / we () cancel the contract concluded by me / us () for the purchase of the following goods () / the provision of the following service ()

Ordered on () / received on ()

Name of the consumer (s)

Address of the consumer (s)

Signature of the consumer (s) (only for notification on paper)

date

(*) Delete where inapplicable.

§1 Description of services and application of advertisements

With the Offices for Startups services, Offices for Startups provides an online service through which the user, as an advertiser, can create and publish existing offers and searches (hereinafter referred to as “advertisements”) and view advertisements published by other users as interested parties. Offices for Startups services also enable electronic messages to be exchanged between advertisers and prospects. Insofar as this is necessary for conversion into file formats suitable for the Offices for Startups advertising services, Offices for Startups advertisements will convert the user’s advertisements into formats for use in mobile applications and websites.

The Offices for Startups services are used to publish advertisements and bring together providers and interested parties of the goods and services posted. Offices for Startups itself is not the provider of the products advertised with the advertisements.

As part of the advertisement display and on the overview page of a user, Offices for Startups displays additional information about the user and his activities in the Offices for Startups services.

Offices for Startups enables users to evaluate each other and publicly based on a specific interaction with each other. The use of the rating system is based on the principle of the rating function of Offices for Startups ads.

Offices for Startups allows users to follow ads by adding them to a wishlist and to save searches.

Offices for Startups publishes and advertises the Offices for Startups services and the advertisements posted by the users themselves and through third parties, for example by integrating the advertisements or extracts thereof on websites, within software applications (“apps”), in emails, in print, radio and television marketing campaigns or in other media. Offices for Startups also enables third parties to advertise their offers and services through Offices for Startups services. To support these activities, Offices for Startups can also provide third parties with access to the data, information and content published via the Offices for Startups services. The user allows Offices for Startups ads the aforementioned use of his ads for the purpose of advertising and increasing the reach of the Offices for Startups services. This also applies to translations for the purpose of integrating the translated advertisements into foreign language offers.

The Offices for Startups customer service is available to every user free of charge for submitting complaints and other inquiries and also operates an internal complaint management system for commercial users. Customer service documents submitted complaints, examines them carefully and will take any necessary measures within a reasonable time frame and inform the user of this or the result of the complaint procedure. Offices for Startups regularly reviews its internal complaint management system and reports on it.

Offices for Startups ads enables users to sort the search results based on various criteria (e.g. location, price and more). In addition, the search results also show ads for whose highlighted display (e.g. as a Featured ad) the respective provider has agreed to pay an additional fee. You can find more information about the possible options for the highlighted display in the context of the display here.

§2 Registration, user account

Offices for Startups use of Offices for Startups services, in particular for the placement of advertisements, the display of certain contact details of advertisers and the exchange of electronic messages with other users, a registration of the user with Offices for Startups ads is required. A prerequisite for registration is that the user is a natural person, legal person or partnership. If the user is a minor, he can only register on Offices for Startups with the consent of the legal guardian. In this case, Offices for Startups reserves the right to make the provision of services dependent on the presentation of proof of the consent of the legal guardian.

The user is obliged to truthfully and completely specify the data collected when registering Offices for Startups ads. If the data is changed after registration, the user is obliged to update the data himself immediately in the password-protected user area of ​​the Offices for Startups services.

By submitting the registration form, the user submits an offer to conclude a user agreement with Offices for Startups, with which he accepts the validity of the terms of use and declares to have read the data protection declaration. If Offices for Startups accepts the listing, the user will receive a confirmation email with a personalized link. Upon receipt of the confirmation email, a contract is concluded between Offices for Startups and the user for the use of Offices for Startups services (hereinafter referred to as the “user contract”). There is no entitlement to the conclusion of a usage contract.

If the registration is successful, a user account will be created, which can be accessed using his email address and the password selected during registration. The password can be changed by the user at any time via the password-protected user area. It must be kept secret by the user and protected against access by unauthorized third parties. If the user determines or suspects that his access data is being used by a third party without authorization, he must immediately inform Offices for Startups and change his password immediately.

Each user may only register once with the Offices for Startups services for private use and for commercial or freelance use (“commercial users”) of the Offices for Startups services. User accounts are not transferable. For agencies network, coworking space network or for locations network, one central account will be accepted and all registration from a specific location or franchised businesses will be denied; the specific location or franchised businesses will have to go over the central to have an account as a local agent or the franchised business.

Offices for Startups ads may limit the use of certain features of the Offices for Startups advertising services or the extent to which individual functions can be used, by fulfilling additional requirements, e.g. B. the specification of additional data, an examination and verification of the data of the user, the duration of use, the type of use (private/commercial), the previous payment behaviour of the user and/or the submission of certain evidence.

Offices for Startups also reserves the right to test new or changed functions and features for certain user groups in order to improve the user experience, insofar as this is reasonable for the users taking into account the legitimate interests of Offices for Startups. This can lead to different representations for different users.

The user receives an overview of the advertisements he has published on his user profile page. They also receive information about their activity indicators and can make changes to their settings, preferences and dates.

As part of the Offices for Startups services, Offices for Startups has access to various information about users, including personal data. This includes, in particular, information that users submit to Offices for Startups ads as part of the Offices for Startups ad services (e.g. contact or advertisement information) as well as information that is generated during the provision and processing of the Offices for Startups ad services (e.g. ratings, activity indicators or communication). Users receive information via the Offices for Startups service that is necessary for the provision of the Offices for Startups service (in particular the messages and contact information of an interested buyer).

Offices for Startups provides certain user groups with analytical data on their activities and the advertisements they have placed. Offices for Startups will only pass on the advertisements including the information contained therein about users and other information from the Offices for Startupsservices to third parties or will provide third parties with access to this information if this is necessary for the provision of the Offices for Startups service (such as to increase the reach in the case of advertising the Offices for Startups service and the publication of the advertisements via third parties in accordance with § 1 No. 7 of these terms of use) or Offices for Startups is legally or contractually entitled to do so.

Offices for Startups informs about the processing of personal data by Offices for Startups including the transmission to third parties and the rights of the user as the data subject in the data protection declaration.

§3 Conclusion of advertising and service package contracts

If the user has successfully registered with Offices for Startups, he has the opportunity to create up to 5 advertisements free of charge via the Offices for Startups services and to publish them in the Offices for Startups services. Offices for Startups reserves the right to publish advertisements in certain categories only against payment of a fee. Irrespective of this, Offices for Startups reserves the right to limit the number of advertisements published free of charge by a user within a certain period of time and to offer the publication of additional advertisements only against payment of a fee. When placing an advertisement, the user has the option of selecting and booking certain chargeable additional services or, if necessary, booking such chargeable additional services even after an advertisement has been published. Offices for Startups ads can offer service packages with special services or conditions for certain user groups and/or in certain categories.

By entering the advertisement data, selecting additional services, if necessary, or selecting the desired service package and submitting the appropriate form, the user gives Offices for Startups ads a binding offer to conclude a contract for the temporary publication of the advertisement (hereinafter referred to as ” Advertising contract ”) or a service package (hereinafter“ service package contract ”) in the Offices for Startups services, for which additional conditions may apply. The process can be cancelled at any time before the form is sent by closing the browser window or the application.

Offices for Startups ads can accept the offer to conclude an advertising contract by making a separate declaration to the user or by activating the advertisement. With the acceptance of the offer by Offices for Startups, the advertisement contract or the service package contract is concluded. Offices for Startups is not obliged to accept contractual offers from the user.

The advertisement data is saved electronically. The user can manage his or her ads in the password-protected user area of ​​the Offices for Startups services, especially delete them there. The text of the advertising contract or the service package contract is not saved separately. However, the user can call up the terms of use on which the advertising contract or service package contract is based at any time via the Offices for Startups website and then save them in a reproducible form.

Even after the conclusion of an advertising contract, it is possible for technical reasons that the advertisement cannot be found immediately after activation via the category search or with the help of search terms within the Offices for Startups services.

In the event of an invoice being sent, this is done exclusively electronically.

The user is not permitted to offer or hand over the purchased services to third parties without the approval of Offices for Startups, this applies in particular to services from a service package contract.

§4 Content requirements for advertisements

The user is obliged to place each advertisement in the appropriate category and to describe its respective offer truthfully and with all relevant characteristics and properties in words and, if possible, also with meaningful pictures. Offices for Startups ads can support the user, e.g. by suggesting a category or other characteristics for the offered item based on the given title. The user is obliged to carefully check all entries and only accept appropriate suggestions for his advertisement.

When submitting an advertisement, the user is also obliged to indicate whether he publishes the advertisement privately or in the course of a commercial or independent professional activity. Offices for Startups ads can, under certain conditions, require that the user generally determine whether he uses his user account purely for private or purely commercial purposes.

The posting of advertisements, texts, images or other content that violates legal provisions, these terms of use, third-party rights or common decency is prohibited. In particular, it is prohibited to post content

– which violate copyright, trademark and competition law regulations or legal provisions on the protection of minors,

– which violates the principles of Offices for Startups ads regarding prohibited content, or

– which contain false information or which are otherwise misleading.

Users who use the Offices for Startups advertising services as a commercial provider or otherwise for business purposes are subject to special legal regulations. You are u. a. is obliged to comply with the statutory information requirements and, in particular, to provide complete-provider identification that meets the legal requirements. Further information can be found on the help page of Offices for Startups. Offices for Startups does not guarantee the accuracy and completeness of the information summarized there.

§5 Special obligations of the user

The user is obliged to refrain from all actions that could endanger the safe operation of the Offices for Startups ad services or bother other users or that otherwise go beyond the intended use of the Offices for Startups ad services. In particular, he is obliged to refrain from

– send email advertising, SMS advertising, chain letters or other annoying content,

– send viruses or other technologies that could harm Offices for Startups advertising services, website or the interests or property of other users,

– exposing the infrastructure of the Offices for Startups services to an excessive load or otherwise disrupting or jeopardizing the functioning of the Offices for Startups services,

– reproduce, make publicly available, distribute, edit or otherwise use the content of Offices for Startups ads without the prior consent of Offices for Startups Ads in a way that goes beyond the intended use of the Offices for Startups ads services.

– reproduce, make publicly available, distribute, edit or otherwise use the advertisements or other third-party content without their prior consent in a manner that goes beyond the intended use of the Offices for Startups advertising services.

– without the express written consent of Offices for Startups crawlers, spiders, scrapers or other automated mechanisms to access the Offices for Startups services and to collect content,

– collect or use information, in particular email addresses or phone numbers, about other users without the prior consent of the user,

Bypass measures to prevent or restrict access to the Offices for Startups services.

The user is obliged to save and archive on his own storage medium all data and information stored within the Offices for Startups services, which he currently or in the future needs or might need for the purposes of preserving evidence, accounting or other purposes.

§6 Deletion of advertisements, blocking of users, other measures

Offices for Startups is entitled to delete advertisements or other contents of the user placed in the Offices for Startups services in whole or in part or to delay or not to publish the advertisements or other contents of the user if there are concrete indications that the advertisement or the Content violates these terms of use or statutory requirements, or that the user has otherwise culpably violated contractual obligations. In such a case, Offices for Startups ads can also warn the user and/or temporarily or permanently exclude them from using the Offices for Startups services. In the event of a temporary or permanent block, Offices for Startups will inform the user about this fact 30 days before the block takes effect and justify it on a permanent data carrier (e.g. email), unless there are compelling reasons to do so. The aforementioned deadline does not apply if the termination or permanent blocking takes place due to mandatory legal provisions or official orders or Offices for Startups ads can prove that the user has repeatedly violated these terms of use, which has led to the termination or permanent blocking.

Offices for Startups also reserves the right not to publish advertisements or to remove them from the Offices for Startups advertising services, if there are indications that the advertised product is not freely available for sale or is otherwise offered in an illegal manner, or if there are indications for this, that the ad should or has been shown for abuse. Offices for Startups also reserves the right to exclude certain products from an advertisement and to remove corresponding advertisements if these products are typically advertised for abusive purposes.

If a user has been excluded from the use of the Offices for Startups services by Offices for Startups ads or the usage contract with the user has been terminated, the user may no longer use the Offices for Startups services with other user accounts, including those user accounts that were created for third parties and do not sign up for Offices for Startups services again.

Offices for Startups is entitled to restrict or terminate the provision of Offices for Startups services in whole or in part, and to delay the publication of advertisements or other content by users if this is due to capacity restrictions, the security or integrity of the server or to carry out technical measures is necessary, or this serves the proper or improved provision of the services (maintenance work).

If Offices for Startups takes one of the measures in accordance with this Section 6, in particular in the event of a restriction, blocking or termination in accordance with Section 10 No. 2, users have the option of reviewing the facts underlying such measures as part of the internal complaint management process of Offices for Startups customer service (cf. § 1 No. 7 of these terms of use).

§7 Fees

Offices for Startups charges fees for certain services provided in connection with the Offices for Startups advertising services and the use of certain functions of the Offices for Startups services. Offices for Startups will explicitly notify the user of the fee as well as the amount of the costs incurred before each booking of a chargeable service.

Prices mentioned by Offices for Startups for the provision of own services within the Offices for Startups services are in euros including the statutory sales tax.

Agreed fees are due for payment immediately and can be paid using the payment methods accepted by Offices for Startups. If Offices for Startups offers and accepts direct debit as a means of payment by SEPA direct debit, the direct debit will be announced (“pre-notification”) with a period of at least five working days; the deadline for the SEPA pre-notification is accordingly reduced to five days. If the debt collection fails despite timely notification and the user is responsible for the failure, he has to reimburse Offices for Startups for the additional costs incurred.

§8 Liability of Offices for Startups ads

The advertisements and other content published by users in the Offices for Startups services do not reflect the opinion of Offices for Startups and are not checked by Offices for Startups for their legality, correctness and completeness. Offices for Startups assumes no liability for the correctness and completeness of the information contained in the advertisements and also no guarantee for the quality, security or legality of the goods or services offered by users.

Offices for Startups is liable according to the legal regulations for intent and gross negligence on the part of Offices for Startups, their legal representatives, executives or other vicarious agents. The same applies to the assumption of guarantees or other assumption of no-fault liability as well as claims under the Product Liability Act or in the event of culpable injury to life, limb or health. In addition, Offices for Startups is basically liable for negligent violations of essential contractual obligations caused by Offices for Startups, their representatives, executives and other vicarious agents, i.e. such obligations, the fulfilment of which the user regularly trusts and can trust to properly execute the contract, in this case, but limited in amount to the typically occurring, foreseeable damage. Further liability of Offices for Startups ads is excluded.

Insofar as the liability of Offices for Startups ads is excluded or limited, this also applies in favour of the personal liability of its legal representatives, managers and other vicarious agents.

§9 Liability of the user

The user releases Offices for Startups ads from all claims that other users or other third parties assert against Offices for Startups ads due to a violation of their rights through advertisements and other content placed by the user in the Offices for Startups advertising services or because of their other use of the Offices for Startups ads services do. The user assumes the costs of the necessary legal defence of Offices for Startups ads, including all legal and legal fees in the statutory amount. The right to an exemption does not exist if the user is not responsible for the violation.

The user is obliged to provide Offices for Startups advertisements truthfully and completely in the event of a claim by third parties, truthfully and completely, on request, which are necessary for the examination of the claims and defence against them.

Any liability of the user going beyond these regulations remains unaffected.

§10 termination of the contract of use

Unless otherwise agreed, the user can, e.g. as part of a service package, at any time without notice in text form. It is sufficient to send a notice of termination by e-mail to the customer service department of Offices for Startups ([email protected]). In the event of termination during an ongoing fee-based additional service, there is no entitlement to (partial) repayment.

Offices for Startups ads can terminate the subscription agreement properly at any time with a period of 30 days. If an agreement has been reached between the user and Offices for Startups about a chargeable additional service associated with a specific term, and the agreed term ends after the point in time specified in sentence 1, termination by Offices for Startups is only possible with a notice period of 30 days Possible end of the agreed term of the additional service. For commercial users, Offices for Startups will give notice of termination on a permanent medium (e.g. email), the reasons for which include: from § 6 No. 1 and No. 2 of these terms of use. The user may no longer book new services from Offices for Startups upon receipt of a notice of termination declared by Offices for Startups. The deadline does not apply if the termination is due to mandatory legal provisions or official orders. Offices for Startups ads will justify this to the user, provided that there are no compelling reasons. The right of Offices for Startups ads to delete individual advertisements, to block users and to carry out other measures according to § 6 as well as the right to terminate without notice for an important reason remain unaffected.

Upon termination of the user contract, all current advertisements of the user will be removed from the Offices for Startups services and the user’s account will be deactivated. From this point on, the user no longer has access to the user account. The user account and all user data stored for this purpose will be deleted no later than six months after the contract has ended. This does not apply to data that Offices for Startups is legally obliged to store or has a legitimate interest in storing, e.g. to prevent logging in again after an authorized blocking. In principle, aggregated data generated by the users can still be kept after the end of the contract.

Offices for Startups also reserves the right to irrevocably deactivate and delete user accounts with incomplete registration data and user accounts that have been inactive for a period of at least 12 months. Offices for Startups ads will notify the user accordingly on a durable medium (e.g. by email) at least 30 days before deleting the user account.

§11 Data protection

Detailed information on the collection, processing and use of personal data of the user in connection with the registration, the implementation of the user agreement and the use of Offices for Startups services can be found in the privacy policy of Offices for Startups.

§12 Change of terms of use

The following applies to changes to these terms of use: on the one hand, the user can agree to the changed terms of use by accepting them by placing an advertisement or by requesting an advertisement; Offices for Startups ads will then specifically mark this with a corresponding note. On the other hand, Offices for Startups can suggest a change to these terms of use at any time. Changes to these terms of use will be offered to users in text form (e.g. by e-mail) at least 30 days before the proposed effective date. User consent is deemed to have been given if the rejection is not displayed in text form before the proposed effective date of the changes to Offices for Startups ads. If the user does not agree to the changes, he has the right to terminate the contract without notice and free of charge until the proposed effective date of the changes. In the message with which the changes are offered, Offices for Startups ads also specifically points out the right to refuse, the deadline for this and the possibility of termination. The amended terms of use will also be published on the Offices for Startups website.

§13 Exercise of rights by third parties, transfer of contract

Offices for Startups is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks. In this case, the participant is entitled to terminate the usage contract.

§14 Final provisions

The laws of the Federal Republic of Germany apply exclusively to the terms of use, the user contract and all agreements between Offices for Startups ads and the user based on them. The application of the UN sales law (CISG) is excluded. If the user acts as a consumer, the mandatory consumer protection provisions that apply in the country in which the user is habitually resident are also applicable, provided they provide the user with further protection.

If the user is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Berlin is the exclusive place of jurisdiction for all disputes arising from the license agreement and the agreements based on it. The same applies if the participant moves his domicile abroad after conclusion of the contract or has no general place of jurisdiction in Germany. For users who are consumers, there is a place of jurisdiction at the respective place of residence of the user. For all disputes arising from the license agreement and these terms of use, the additional place of jurisdiction for consumers is Berlin.

Offices for Startups ads are neither willing nor obliged to participate in dispute settlement procedures with consumers in front of a consumer arbitration board (Section 36 Paragraph 1 No. 1 VSBG).

Offices for Startups is ready to work with the mediators listed here to resolve out-of-court disputes with commercial users; Before initiating such a mediation process, however, commercial users should try to clarify their concerns with Offices for Startups customer service (see §1 No. 8 of these terms of use).

§15 Severability clause

Should individual provisions of these terms of use be or become void or ineffective in whole or in part, this does not affect the effectiveness of the remaining provisions. Statutory law takes the place of non-included or ineffective provisions of these terms of use. If such legal law is not available in the respective case (loophole) or would lead to an intolerable result, the parties will enter into negotiations to replace the non-included or ineffective provision with an effective one that comes as close as possible to it economically.

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