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.\u00a0The solutions include in particular:<\/p>\n
The possibility for the service provider to make appointments with his customers via the software.
\nThe provision of the technical requirements for online communication in virtual conference rooms.
\nSending text-based messages including file exchange.
\nManagement of customer information.
\nThe provision of a website that can be freely designed by the service provider (hereinafter “mini website”) on a Flexperto subdomain.<\/p>\n
Flexperto provides the services for the service provider exclusively on the basis of these general terms and conditions (hereinafter \u201cGTC\u201d).\u00a0These regulate the legal relationship between the service provider and Flexperto.<\/p>\n
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.\u00a0The right of use is limited to the use described below.<\/p>\n
A transfer of rights to the software or the source code itself is not part of the contract.<\/p>\n
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.\u00a0The archiving of the data in accordance with the retention periods under commercial and tax law is not included in the scope of services.<\/p>\n
The use of the software requires the service provider to register an account.\u00a0The registration of an account is only permitted for legal entities, partnerships and natural persons with unlimited legal capacity.\u00a0All others are prohibited from using the software.\u00a0The registration of a legal person or a partnership may only be carried out by a natural person authorized to represent.<\/p>\n
<\/p>\n
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.\u00a0The 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.<\/p>\n
When you click on the \u201cRegister for free\u201d 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.<\/p>\n
Flexperto confirms the conclusion of the contract by email by sending an activation link with which the service provider can activate his account.<\/p>\n
<\/p>\n
The service provider must keep the access data including the password secret and protect them from unauthorized access by third parties.\u00a0It 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.\u00a0If 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.<\/p>\n
<\/p>\n
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\u00a0this applies in particular to professional regulations (doctor, alternative practitioner, lawyer, tax advisor, etc.).<\/p>\n
The service provider is responsible for compliance with all legal provisions applicable to him in connection with the provision of his services.\u00a0Flexperto 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.<\/p>\n
<\/p>\n
By registering as a service provider, he assures Flexperto that he meets all legal requirements for the provision of his consulting services.<\/p>\n
<\/p>\n
The service provider is responsible for all content that the service provider keeps or saves on its mini-website.\u00a0Flexperto is not obliged to check the mini-website of the service provider for possible legal violations.<\/p>\n
<\/p>\n
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).\u00a0Furthermore, the service provider undertakes not to use his mini-website for spam purposes.\u00a0Should 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\u00a0To reimburse Flexperto for all costs incurred.\u00a0The service provider is also obliged to support Flexperto in any way in warding off such claims.<\/p>\n
<\/p>\n
The service provider undertakes to comply with the imprint obligation on his mini website (or the statutory obligation in the country of use) himself.<\/p>\n
<\/p>\n
The service provider is responsible for regularly backing up all files and software settings that he can access.\u00a0In 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.<\/p>\n
<\/p>\n
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:<\/p>\n
Right of withdrawal<\/p>\n
Right of withdrawal:<\/p>\n
You can revoke your contract declaration within 14 days in text form (e.g. letter, fax, email) without giving reasons.\u00a0The 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 \u00a7 2 in conjunction with \u00a7 1 paragraph 1 EGBGB and the obligations of Flexperto according to \u00a7 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 \u00a7 3 EGBGB.\u00a0Timely dispatch of the cancellation is sufficient to meet the cancellation deadline.\u00a0The revocation must be sent to:<\/p>\n
Flexperto GmbH, c\/o Mindspace Germany GmbH, M\u00fcnzstra\u00dfe 12, 10178 Berlin Deutschland<\/p>\n
Email: info@flexperto.com<\/a><\/p>\n Consequences of cancellation:<\/p>\n In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. interest) surrendered.\u00a0If 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.\u00a0This can mean that you still have to meet the contractual payment obligations for the period up to the revocation.\u00a0Obligations to reimburse payments must be fulfilled within 30 days.\u00a0The period begins for you when you send your declaration of cancellation, for Flexperto with its receipt.<\/p>\n Special instructions:<\/p>\n 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.<\/p>\n End of revocation<\/p>\n <\/p>\n <\/p>\n Aus technischen Gr\u00fcnden kann Flexperto eine dauerhafte vollst\u00e4ndige Verf\u00fcgbarkeit der Server, \u00fcber die die Plattform betrieben wird, nicht gew\u00e4hrleisten. Zeitweise kann die Verf\u00fcgbarkeit der Plattform \u2013 insbesondere wegen der notwendigen Durchf\u00fchrung von Wartungs- oder Reparaturarbeiten \u2013 eingeschr\u00e4nkt sein. Flexperto wird den Dienstleister \u00fcber die Durchf\u00fchrung geplanter Wartungsarbeiten und deren Umfang rechtzeitig durch einen Hinweis auf der Plattform informieren. Sollte das System unvorhergesehen ausfallen, wird Flexperto nach M\u00f6glichkeit die Dienstleister \u00fcber den Umfang und die Dauer des Ausfalls unterrichten. Eine Haftung f\u00fcr den Zugang und die Nutzung der Flexperto Software sowie eine Gew\u00e4hr f\u00fcr die ordnungsgem\u00e4\u00dfe Abrechnung der Beratungsleistungen wird \u2013 mit Ausnahme der Regelungen in Ziff. 10 \u2013 von Flexperto nicht \u00fcbernommen. Ferner ist der Zugang zu der Plattform auch abh\u00e4ngig von der vom Dienstleister zur Verf\u00fcgung stehenden technischen Ausstattung sowie von der Daten\u00fcbertragung im Internet.<\/p>\n <\/p>\n 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.<\/p>\n <\/p>\n 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.\u00a0In such a case, both Flexperto and the service provider are obliged to adapt their mutual obligations to the changed circumstances in good faith.<\/p>\n <\/p>\n Flexperto offers the service provider a test period of 30 days from registration.\u00a0During this test period, Flexperto does not charge a monthly fee according to Section 7.2.<\/p>\n <\/p>\n6. Provision, availability<\/h3>\n
6.1<\/h5>\n
6.2<\/h5>\n
6.3<\/h5>\n
7. Fees for the use of the software;\u00a0Trial period<\/h3>\n
7.1<\/h5>\n
7.2<\/h5>\n