1. Subject matter of the contract and scope of application

These General Terms and Conditions (hereinafter “GTC”) apply to all services offered by app-concept.com GmbH (hereinafter “app-concept.com”) for the mobile application “Fit4Business” (hereinafter “App”). The app is available for Android on the Google Play Store and for IOS on the App Store.

App-concept.com and the contractual partner undertake to provide the services agreed in the contract through the use of the app in accordance with these GTC. The app is made available to the user free of charge. Our GTC apply exclusively. We do not recognise any terms and conditions of our contractual partners that contradict or deviate from our terms and conditions unless we have expressly agreed to their validity in writing.

These terms and conditions shall also apply to all future transactions with contractual partners, insofar as these are legal transactions of a related nature.

2. Conclusion of contract and term

By downloading and installing the app, a contract for the use of the app is concluded between the user and the app operator. The term of the contract begins with the creation of a user account and the creation of a personal profile. The activation of a user account and the creation of a profile requires express consent to our General Terms and Conditions and the Privacy Policy. Our service is free of charge for users. The user account remains active for 4 weeks or until the user himself deactivates or deletes his personal profile. This option is reserved to the user at any time.

3. Description of the Service

The contract obliges app-concept.com to publish the created profile via the app. User accounts are created either by registering with first name, last name, e-mail and password, which are stored in our database, or by logging in with the Google or Apple ID. As soon as these accounts are set up in accordance with section 2 of the General Terms and Conditions, they are made available online immediately, but within 24 hours at the latest.

Users have the option of adding additional personal information to their Fir4Business profile, which will also be stored in our database. The profile to be published should accurately reflect the user’s interests in order to facilitate successful matches with other users based on common interests. Users can optionally save their CV, profession and other personal details. The operators of the app are not liable for inadmissible content with the consequences described in section 5 of the GTC.

When the app suggests matches, these matches only see the unique anonymous profile number, a self-created “about me” description and the user’s interests. This information is used to compare profiles via the app. If Fit4Business’s analysis finds a sufficient match between the profiles, the application presents these potential matches to the user. The user can accept or ignore them by clicking or swiping and must make a decision before being able to see further matches with other users. This function was developed to ensure the necessary interaction. Further information from the user’s personal profile such as CV, profession, company name, and

length of employment can only be viewed by other users if the user actively removes the anonymity of their profile.

The profile of each user remains public and can only be made unanimous by the user himself, at their own decision, after a match has been created. If a match is accepted, Fit4Business transmits the profile of the still anonymous user via an internal messenger to the user with completely or partially matching interests. The other user also sees the anonymous profile due to a match of interests. If the match is accepted, a chat is initiated between the two users. The user can only see further matches after they have decided whether they want to accept or reject the match by clicking or swiping.

The admins can message any user at any time, despite being matched or not.

If users wish, they can optionally enter their address details in their profile. This is intended to make it easier for users to find each other at a common meeting point. Users have the option of agreeing to the transfer of their GPS coordinates or rejecting this function in their smartphone settings. If they agree, the GPS data will only be used to automatically fill in the address field in their profile. Users can also enter their addresses manually. If GPS transmission is declined, the address can only be entered manually during registration or profile update.

App-concept.com is not responsible for the accuracy of the data entered in the profiles and is not obliged to maintain or return them. This service description is not exhaustive and additional functions will be added on a regular basis.

 

4. Principles of Cooperation

App-concept.com reserves the right not to carry out orders from the contractual partner or to remove profiles that have already been published if the content violates legal regulations, official prohibitions, third-party rights, common decency or the General Terms and Conditions of app-concept.com.

5. Intellectual property rights

This contract does not transfer any ownership, usage, license or other rights to the software to the users of the app. All rights to the software, including trademark rights, title rights, copyrights and other property rights of app-concept.com, remain fully with app-concept.com.

All work results and information published by app-concept.com are protected by copyright as the property of app-concept.com. Users of the app or third parties acting on behalf of app-concept.com grant app-concept.com a free, non-exclusive right to use the texts and images provided, limited to the duration of the contract.

By publishing his/her profile, the app user confirms that he/she has all the rights of use, copyrights, ancillary copyrights and other rights required for the publication of his/her data or that he/she can freely dispose of them.

6. Warranty, material defects

App-concept.com guarantees that the user profiles published via the app are implemented according to the usual technical standard. Claims for defects are excluded, as the app only processes data that has been entered and authorized by companies and users.

7. Liability

App-concept.com is only liable for damages caused intentionally or through gross negligence, limited to the breach of essential contractual obligations, whereby compensation is limited to foreseeable, typical damage.

App-concept.com is not liable for accidental loss or damage to data and recommends that users back up their data.

App-concept.com does not guarantee the error-free operation and accuracy of the user profiles and is not liable for the content posted by users. The responsibility for all interactions or exchanges resulting from matches made via the app, including personal meetings, lies solely with the users.

8. Data protection

With the publication of profiles, mutual compliance with all applicable data protection laws is agreed upon. Users of the app are hereby informed in accordance with the Data Protection Act that app-concept.com stores their data in machine-readable form and processes it by machine as intended. The privacy policy of app-concept.com is available under the Privacy Policy.

9. Final provisions

The law of the Federal Republic of Germany applies to this contract and its interpretation. If the user is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts at the registered office of app-concept.com GmbH shall have exclusive jurisdiction for all disputes arising from or in connection with the contract. In all other cases, both app-concept.com and the customer may appeal to any court having jurisdiction in accordance with the statutory provisions.

Access to the agreed services is limited to the agreed quotas or the duration of the contract.

App-concept.com endeavours to continuously develop the app to achieve the best possible result for all contracting parties. App-concept.com reserves the right to modify or change the app at any time at its own discretion.

10. Severability Clause

Should parts of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. Instead, the invalid provision shall be replaced by a formulation that corresponds to the intentions of app-concept.com GmbH.

app-concept.com GmbH, May 7, 2024

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