§ 1 INTRODUCTION

(1) We, Vancy GmbH, Mühlenstr. 8a, 14167 Berlin, Germany, provide a digital platform for personal networking (hereinafter "we" or "Vancy"). Vancy enables you to introduce yourself, to ask network-related questions in the community, to contact each other and helps you to arrange meetings with other users.
(2) Vancy offers you an innovative platform, which not only offers users a trusting environment and promotes cooperation, but also stands for values. In this respect, the Community Guidelines are also part of the GTC.
(3) We review accounts and content that indicate violations of these terms and conditions. We reserve the right, in our sole discretion, to delete or block any profile, restrict access to the App, or take any operational, technical, legal or other action at any time, without liability - as far as legally possible - and without notice, to ensure compliance with the TOS. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violation of these TOS and/or the Community Policy, (2) based on your conduct in the App or your conduct with other App users (including your "offline" conduct) if we determine, in our sole discretion, that your conduct was inappropriate or unacceptable, (3) if we or our partners determine, in our or their sole discretion, that your conduct was inappropriate or unacceptable in other Apps operated by our partners, or (4) for any reason we determine, in our sole discretion, warrants termination of the Account. If your account is terminated or suspended, you agree that you will not be refunded for any paid services or features for which you have already paid, unless you are entitled to rights from the statutory right of withdrawal.

(1) These terms and conditions apply exclusively, in their current version at the time of use.
(2) Conflicting general terms and conditions do not apply, even if we are aware of them, unless they are expressly confirmed by us in text form.
(3) We are not legally involved in contractual relationships between you and other users of the Vancy platform.

(1) In order to use the offer of Vancy, you must be at least 18 years old and create a profile (in the app).
(2) The use of Vancy implies the agreement to these GTC and the Community Guidelines. By confirming the form field provided for this purpose in the registration process, you declare your agreement with the GTC and recognize the GTC as a binding part of the user agreement.

Vancy is a community that networks with each other. We do not assume any obligation to pre-screen your content or the content of other Vancy users. However, we may need to intervene, and we reserve the right to review, pre-screen, reject and/or remove Member Content and Your Content, including Content exchanged between Users in direct messages.

(1) Registration and some basic features are provided by Vancy free of charge. 

(2) Vancy also offers additional functions that are subject to a fee (e.g., free of advertising). The amount and conditions of offers subject to a fee are clearly indicated prior to any conclusion of a contract subject to a fee. The prices stated there also include the applicable value-added tax.
(3) We also offer the services as automatically renewing subscriptions, e.g. a one-month or three-month or annual subscription ("Premium Services"). Such subscriptions will automatically renew at the same price unless you cancel them (see § 5 (4)). Deleting your account or deleting the App from your device does not cancel your subscription. You will be notified of changes to the prices of the Premium Services to which you are subscribed and given the opportunity to cancel. If we change these prices and you do not cancel your subscription, you agree that your payment method will be charged by us for the subscription at the then-current prices.
(4) If you purchased a subscription through a third-party store, such as the Apple App Store or the Google Play Store, you must access your account with that third-party store and follow the instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period for which you last paid.

(1) You have the right to revocate this contract within fourteen days without giving any reason.
(2) The withdrawal period is fourteen days from the day in the case of a service contract or a contract for the supply of water, gas or electricity, if you are not offered for sale in a limited volume or quantity, district heating or digital content that is not delivered on a physical medium: "of the conclusion of the contract.". To exercise your right of withdrawal, you must contact us:

Vancy GmbH
Flemingstr. 11
10557 Berlin
Germany
https://www.vancy.network

by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory.
(3) To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the cancellation period.
(4) The following revocation form can be used for this purpose:

Sample revocation form

- To: Vancy GmbH, Flemingstr. 11, 10557 Berlin, info@vancy.network
- I/we hereby revoke the contract concluded by me/us for the purchase of the following goods/provision of the following service
- Ordered on
- Received on
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (in case of paper communication)
- Date

(5) Consequences of withdrawal: If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
(6) If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract, compared to the total scope of the services provided for in the contract.

(1) You may terminate your account at any time without notice.

(2) You can terminate your account by deleting your account or by giving notice in text or written form.

(3) If you terminate your account, all chargeable functions contained or activated there will expire. All conversations and other content (e.g. posts) will be deleted. 

(1) We can terminate your account with a notice period of 2 weeks. Text or written form is sufficient.

(2) If the account is terminated for reasons beyond your control, you are entitled to a refund of the purchase price of the chargeable functions linked to the account, provided that the chargeable function has not yet been fully used or consumed.

(3) If we terminate your account because the offer can no longer be maintained by us (e.g. due to insolvency or permanent discontinuation for any other reason), no (pro rata) refund of the purchase price for chargeable functions will be made.

(1) You respect the privacy of other users, do not impersonate others and do not engage in fraudulent activities. When creating your account and on your profile you use your real name and your real age. You may only create one account.

(2) You will not allow any third party to access your account and you will inform us immediately if any third party has access to your account.

(3) Furthermore, you agree that you:

- do not act unlawfully or unprofessionally and are not dishonest, offensive or discriminatory;

- Do not misrepresent your identity, age, present or past positions, qualifications or affiliations with any person or organization;

- not disclose information that you do not have permission to disclose;

- do not stalk or harass other users of the app;

- Do not create or operate a pyramid scheme, scam, or other similar practice; or;

- do not develop, support, or use software, devices, scripts, robots, other types of mobile code, or other means or processes (including crawlers, browser plug-ins, and add-on or other technologies) to scrape or further exfiltrate Vancy or its Services or copy profiles and other data from the Services.

(4) You grant us a royalty-free, non-exclusive, worldwide, perpetual right to use all information you provide. This includes, but is not limited to, the reproduction and publication of the information and the improvement of our services (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works, incorporating into other works, advertising, distributing, and otherwise making such content available to the public at large, whether in whole or in part, and in any format or medium now known or hereafter developed). We may assign or sublicense the foregoing license to our affiliates and successors without your consent. 

(5) Note: All text, content, graphics, user interfaces, trademarks, logos, sounds, images and other intellectual property not owned by you belongs to third parties or us. You have no rights to the Content of other Members or to our Content (except as provided in the next paragraph (6)) and may use the personal information of other Vancy Users only to the extent consistent with Vancy's purpose as a business networking platform. Data of other users may not be used for commercial purposes, sending spam, harassment, stalking or unlawful threats. 

(6) We grant you a non-exclusive, limited, personal, non-transferable and revocable license - with no right to sublicense - to access and use our content, subject to the following conditions:

- you may use, sell, modify or distribute our content only to the extent permitted by the features of the app;

- You may not use our name as a metatag or keyword and/or in hidden text;

- you may not create products derived from our content or scrape, disable, decompile, analyze or in any way commercially exploit our content, in whole or in part; and

- you may only use our content for lawful purposes.

(7) Users of the Site agree not to post any content that is unlawful or immoral under German law, European law, or any general sense of the law.

(8) You accept that Vancy does not have an availability of 100%. Vancy strives for an availability of its own offer of more than 95%. This takes into account, for example, maintenance and security updates that negatively affect availability.

(9) You accept that we cannot guarantee the correctness and presentation of the posted content. Furthermore, we cannot be held liable for the content posted by other Vancy users and any legal consequences resulting therefrom. However: You release us from all claims of third parties in case of entries on the Vancy platform and other publications by you.

(10) You have no claims on the type and positioning of content, unless this was explicitly agreed.

(11) The availability or maintenance of the content and user content is not guaranteed or warranted. Content and User Content may be discontinued or changed at any time. We also have the right to change the App at any time, in whole or in part, or to discontinue its operation, in whole or in part, permanently or temporarily.

(1) We would like to inform you about the App and/or Vancy services via emails, SMS, push notifications, alerts, etc., which may, for example, be about improved features, offers or information about products, events and promotions. After downloading the App, you will have the option to accept or decline receiving push notifications and alerts. We will not send you push notifications and alerts if you opt out of receiving them. If you agree, you will automatically receive push notifications and alerts from us. If you no longer wish to receive notifications, you can change your preferences at any time in your mobile device's notification settings. You can unsubscribe from other forms of communication, such as emails, text messages, etc., by following the instructions in the relevant message or by emailing us your unsubscribe request at info@vancy.network.

(2) The Vancy App may enable or provide you with access to certain content and receipt of other products, services and/or other materials based on your location. The App uses GPS, Bluetooth and/or your mobile device's location software to determine your location for this purpose. If you have disabled your mobile device's GPS, Bluetooth, or location software, or deny the App access to location information, you will not have access to location-based content, products, services, and materials or you cannot use the app Vancy at all. For more information about how the App uses and stores your information, please see our Privacy Policy.

(1) We exercise domiciliary rights. In case of violations of these Terms of Use, laws and/or other rules published on the Website, we may temporarily or permanently exclude you from using the Website and ban you from the Website without warning.

(2) You allow us to delete or block the user account, posts and functions at any time without any legal reason. Furthermore, you allow us to modify or remove your content if it violates laws, rules in these Terms of Use or the Community Guidelines, or if it is likely to cause damage to us or a third party, or if it does not add value to the Vancy platform. We reserve the right to evaluate the classification of the Content Guidelines at our sole discretion.

(3) If additional services have been purchased by you in relation to this content, these will be reimbursed on a pro-rata basis - provided that the service has not yet been provided in full.

(4) We reserve the right not to provide a promised service if it is not available. In the case of chargeable services, these will be reimbursed on a pro rata basis, provided that the service has not yet been provided in full.

(5) Requests for deletion of an entry on the platform can be made independently at any time. The deletion will be carried out within 14 working days, depending on the possibility. The request for deletion must be made in text form.

(1) We are liable without limitation

a. for intent or gross negligence,
b. for injury to life, limb or health,
c. in accordance with the provisions of the Product Liability Act.

(2) In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the amount of liability shall be limited to the damage that is foreseeable and typical according to the nature of the transaction in question.

(3) There shall be no further liability. In particular, there shall be no liability for initial defects, unless the conditions of subsections 1, 2 are met.

(4) Furthermore, it should be noted that we are not responsible for the behavior of other users (in this respect, we also do not perform background checks) and the use of the app is at your own risk, notwithstanding the preceding provisions. Finally, we do not warrant that the Vancy Platform will be uninterrupted or error-free or free of security vulnerabilities, that the Vancy Platform will meet your expectations, or that the Vancy Platform, our Content, or the Content of other Users, or any portion thereof, will be accurate, correct, or reliable.  

(4) The above limitation of liability also applies to the personal liability of our employees, agents and officers.

You are responsible for all actions taken and information posted by you on the Vancy Platform. Therefore, you agree to indemnify, defend and hold us and our affiliates, licensors, subsidiaries, contractors, managers, directors, employees, agents and subcontractors harmless from and against any and all claims, actions, suits, losses, costs and expenses (including reasonable court costs and attorneys' fees) brought by or arising from third parties that are a direct or indirect result of any of the following:

1. negligent acts, omissions or willful misconduct on your part;
2. access and use of the App by you;
3. uploading or distribution of content through the App by you;
4. violation of these TOS and the Community Guidelines by you; and/or
5. violation of laws or of the rights of third parties on your part, in particular violation of the Copyright Act, Trademark Act, BGB, UWG, DesignG, etc..

We reserve the right to settle, compromise or compromise any claim or cause of action brought against us without your prior consent. If we so request, you will cooperate in our defense as requested by us.

The offer on Vancy is constantly updated and improved. This may result in the discontinuation, pause, modification or expansion of inpidual functions or the entire offer.

We reserve the right to make changes to the General Terms and Conditions at any time with effect for the future. You will be notified of any changes to the Terms and Conditions in a timely manner by email. In addition, the latest version of the General Terms and Conditions will be published on the website https://www.vancy.network under the link GTC. If you do not object to the new General Terms and Conditions within 6 weeks of receipt of the amended General Terms and Conditions, you will be deemed to have accepted the new General Terms and Conditions. If you object to the changes of the General Terms and Conditions, we are entitled to exclude you from using the Vancy platform.

The European Commission provides a platform for online dispute resolution (OS):  https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(1) The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply if this does not restrict any statutory provisions of the state in which the customer is domiciled or habitually resident.

(2) The place of jurisdiction and performance shall be the registered office of the Provider, insofar as this does not conflict with any mandatory statutory provisions.