Terms & Conditions
1. General:
1.1
Flexperto GmbH (hereinafter “Flexperto”) offers service providers from a wide variety of industries (hereinafter “Service Provider”) internet-based software solutions (hereinafter “Software”) for booking and organizing interactive online consultations and face-to-face consultations. The solutions include in particular:
The possibility for the service provider to make appointments with his customers via the software.
The provision of the technical requirements for online communication in virtual conference rooms.
Sending text-based messages including file exchange.
Management of customer information.
The provision of a website that can be freely designed by the service provider (hereinafter “mini website”) on a Flexperto subdomain.
1.2
Flexperto provides the services for the service provider exclusively on the basis of these general terms and conditions (hereinafter “GTC”). These regulate the legal relationship between the service provider and Flexperto.
1.4
Flexperto grants the service provider a simple, non-exclusive right of use that is limited in time for the duration of the agreed term of the usage contract in connection with the tariff model selected by the service provider. The right of use is limited to the use described below.
A transfer of rights to the software or the source code itself is not part of the contract.
1.5
As part of the software, storage space is made available on central servers on which the data generated and processed with the software can be stored for the duration of the contractual relationship. The archiving of the data in accordance with the retention periods under commercial and tax law is not included in the scope of services.
1.6
The use of the software requires the service provider to register an account. The registration of an account is only permitted for legal entities, partnerships and natural persons with unlimited legal capacity. All others are prohibited from using the software. The registration of a legal person or a partnership may only be carried out by a natural person authorized to represent.
2. Registration:
2.1
The registration and creation of an account as a service provider for the use of the Flexperto software is initially carried out using a registration form. The service provider must fill in the information fields of the registration form (or, if registering online, the registration mask) completely and truthfully and agree to these terms and conditions.
When you click on the “Register for free” button, a contract is concluded between the service provider and Flexperto for the use of the Flexperto software, based on the tariff model selected by the service provider and exclusively subject to these terms and conditions.
Flexperto confirms the conclusion of the contract by email by sending an activation link with which the service provider can activate his account.
2.2
The service provider must keep the access data including the password secret and protect them from unauthorized access by third parties. It is the sole responsibility of the service provider to ensure that access to the software and the use of the services made available are exclusively carried out by the service provider or by persons authorized by him. If there is a suspicion that unauthorized third parties have or will become aware of the service provider’s access data, Flexperto must be informed immediately.
3. Legal or other requirements for the service provider
3.1
Insofar as there are legal or other requirements for the performance of the service provider’s consulting activity, compliance with them is the sole responsibility of the service provider this applies in particular to professional regulations (doctor, alternative practitioner, lawyer, tax advisor, etc.).
The service provider is responsible for compliance with all legal provisions applicable to him in connection with the provision of his services. Flexperto particularly points out the observance of relevant regulations of the distance selling law, the teleservice law, the tax law, the price indication regulation, the distance learning protection law, the drug advertising law and on the obligations in the electronic business traffic.
3.2
By registering as a service provider, he assures Flexperto that he meets all legal requirements for the provision of his consulting services.
4. General obligations of the service provider
4.1
The service provider is responsible for all content that the service provider keeps or saves on its mini-website. Flexperto is not obliged to check the mini-website of the service provider for possible legal violations.
4.2
On the mini website and in the online events, no information may be given, statements made, files uploaded or content conveyed that violates legal prohibitions, good morals (in particular pornographic, racist, xenophobic, radical right-wing or other reprehensible content) or Violate the rights of third parties (in particular personality, trademark, name and copyrights). Furthermore, the service provider undertakes not to use his mini-website for spam purposes. Should Flexperto be used as a third party or interferer due to illegal content provided by the service provider on its mini website (e.g. for omission, revocation, correction, compensation, etc.), then the service provider is obliged to To reimburse Flexperto for all costs incurred. The service provider is also obliged to support Flexperto in any way in warding off such claims.
4.3
The service provider undertakes to comply with the imprint obligation on his mini website (or the statutory obligation in the country of use) himself.
4.4
The service provider is responsible for regularly backing up all files and software settings that he can access. In any case, the data must be backed up before any changes are made by the service provider and before maintenance work on the part of Flexperto, provided this has been announced in good time by Flexperto.
5. Revocation by the consumer, exclusion of revocation
If a service provider uses the platform as a consumer, i.e. for a purpose that can neither be attributed to his commercial nor his independent professional activity, he can revoke the membership contract as follows:
Right of withdrawal
Right of withdrawal:
You can revoke your contract declaration within 14 days in text form (e.g. letter, fax, email) without giving reasons. The period begins after receipt of this instruction in text form, but not before the conclusion of the contract according to section 9.1 and also not before the fulfillment of Flexperto’s information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 EGBGB and the obligations of Flexperto according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the cancellation is sufficient to meet the cancellation deadline. The revocation must be sent to:
Flexperto GmbH, c/o Mindspace Germany GmbH, Münzstraße 12, 10178 Berlin Deutschland
Email: info@flexperto.com
Consequences of cancellation:
In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) to Flexperto or only in a deteriorated condition, you must compensate Flexperto for the value. This can mean that you still have to meet the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation, for Flexperto with its receipt.
Special instructions:
Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of revocation
6. Provision, availability
6.1
Aus technischen Gründen kann Flexperto eine dauerhafte vollständige Verfügbarkeit der Server, über die die Plattform betrieben wird, nicht gewährleisten. Zeitweise kann die Verfügbarkeit der Plattform – insbesondere wegen der notwendigen Durchführung von Wartungs- oder Reparaturarbeiten – eingeschränkt sein. Flexperto wird den Dienstleister über die Durchführung geplanter Wartungsarbeiten und deren Umfang rechtzeitig durch einen Hinweis auf der Plattform informieren. Sollte das System unvorhergesehen ausfallen, wird Flexperto nach Möglichkeit die Dienstleister über den Umfang und die Dauer des Ausfalls unterrichten. Eine Haftung für den Zugang und die Nutzung der Flexperto Software sowie eine Gewähr für die ordnungsgemäße Abrechnung der Beratungsleistungen wird – mit Ausnahme der Regelungen in Ziff. 10 – von Flexperto nicht übernommen. Ferner ist der Zugang zu der Plattform auch abhängig von der vom Dienstleister zur Verfügung stehenden technischen Ausstattung sowie von der Datenübertragung im Internet.
6.2
Flexperto can temporarily restrict access to the software at any time if this is necessary with regard to capacity limits, the security of the Flexperto servers (e.g. attacks from the Internet) or to carry out technical measures.
6.3
In the case of the unavailability of the platform as a result of unforeseeable events such as force majeure, war, industrial disputes, natural disasters and other events beyond the control of Flexperto and for which Flexperto is not responsible, Flexperto is contractual for the duration of the disruption and to the extent of its effect Duties exempt. In such a case, both Flexperto and the service provider are obliged to adapt their mutual obligations to the changed circumstances in good faith.
7. Fees for the use of the software; Trial period
7.1
Flexperto offers the service provider a test period of 30 days from registration. During this test period, Flexperto does not charge a monthly fee according to Section 7.2.
7.2
The service provider has to pay Flexperto a monthly fee for the use of the software, which results from the current price list of the Flexperto tariff model, which is available at https://flexperto.com/en/pricing/.
8. Term, termination
8.1
The contract between the service provider and Flexperto is concluded for an indefinite period of time and begins – even in the case of the free test period – with confirmation of the registration by Flexperto in accordance with Section 2.1.
8.2
If the service provider does not book a fee-based tariff model by the end of the test period, his user account will be switched to an inactive state. After a further period of 30 days, the contractual relationship between Flexperto and the service provider will automatically be terminated and all data in the user account will be deleted in accordance with Section 9.8.
8.3
If a fee-based tariff model is booked by the service provider, the term agreed with the service provider is decisive and begins with the booking of the tariff model.
8.4
In the case of a monthly agreed term, the contract can be terminated with a notice period of 14 days to the next extension date. If the contract is not terminated, it is automatically extended for another month.
8.5
In the case of an annually agreed term, the contract can be terminated with a notice period of 30 days to the next extension date. If the contract is not terminated, it is automatically extended for another year.
8.6
The right to terminate for an important reason remains unaffected.
8.7
Any termination of this contract for your use of the software can be made online via email or letter and will take effect upon receipt.
8.8
After termination of the contractual relationship, Flexperto is no longer obliged to provide the contractual services. He will delete all of the service provider’s data on the server, including electronic correspondence, customer data and documents. The timely storage and backup of the data is therefore the responsibility of the service provider, in particular for any obligation to archive data that may result from retention periods under commercial and tax law
9. Liability:
Flexperto’s legal and contractual liability for damages is limited in any case as follows:
For the slightly negligent breach of essential obligations arising from the user relationship, Flexperto is liable for the amount limited to the damage typically foreseeable when the contract was concluded.
Flexperto is not liable for the slightly negligent breach of non-essential obligations arising from the contractual relationship.
The aforementioned limitation of liability does not apply in cases of mandatory legal liability, for willful breaches of duty, if and to the extent that Flexperto has assumed a guarantee and for culpably caused physical damage (injury to life, body, health).
10. Data protection
The processing of the personal data provided by experts takes place in compliance with data protection regulations. You can find more information on this in Flexperto’s data protection provisions: (https://flexperto.com/de/legal/datenschutz).
11. Blocking of access
11.1
Flexperto reserves the right to exclude the service provider from the use of the software temporarily or permanently without giving reasons, in total or in individual areas and at its own discretion, and to delete the account and all data of this service provider if Flexperto has indications that the service provider is violates essential obligations from his contractual relationship with Flexperto.
11.2
In the case of temporary or permanent blocking, the access authorization will be blocked and the service provider will be notified of this by email.
Final provisions:
12.1
Flexperto reserves the right to change the terms and conditions at any time and without giving reasons. Flexperto will send the amended terms and conditions to the service provider by email before they come into force. Flexperto will also point out the change to the terms and conditions on the online platform and post the current version of the terms and conditions on the online platform. If the service provider does not object to the validity of the amended terms and conditions within four weeks of receiving notification from Flexperto of the amendment to the terms and conditions, the amended terms and conditions are deemed to have been accepted by the service provider. Flexperto will inform the experts in writing by email of the changed provisions and the deadline.
12.2
The terms and conditions and the legal relationship between the service provider and Flexperto are subject to the law of the Federal Republic of Germany, excluding international conflict of laws. If the expert is a businessman, the place of jurisdiction for and against the expert for all disputes arising from the legal relationship between the service provider and Flexperto Berlin; Flexperto has the right to sue the service provider at his place of residence or company headquarters. In addition, the general statutory provisions apply