Legal

General Terms and Conditions for Beauty Salons as Users of the CRM Tool or Providers of Services on Lumxi Beauty Pro

Our General Terms and Conditions apply to beauty salons as users of the CRM tool or providers of services on our portal Lumxi Beauty Pro - on our websites or apps, on profiles on third-party websites or apps as well as on all other distribution channels (“Platforms”) - as agreed. In particular, as our contractual partner and provider of a service on our Platforms, you will find your rights and obligations as a provider towards us as well as the most important data protection provisions.

Preamble Lumxi Beauty Pro

With Lumxi Beauty Pro you receive a professional solution for your beauty salon

With the Portal
- Offer your service on our tool – you will be found by customers
- Allow your customers to easily book, reschedule and track appointments
- Obtain customer feedback and realise a customer retention strategy through a loyalty and rewards programme or automatic birthday greetings
With the CRM tool
- Simplify your appointment booking – through a booking tool to easily coordinate appointments with your customers
- Automate your customer service – through numerous functions such as a loyalty and rewards programme
- Manage your revenue and staff – through revenue tools as well as employee-focused review management

A. Scope of Application

(1) These General Terms and Conditions (hereinafter: “GTC”) apply to all contractual relationships governing the provision of offers to users of our Platforms as well as contracts on the provision of digital CRM services via our tool Lumxi Beauty Pro

between

Lumxi GmbH

Weserstraße 7

63225 Langen

(more information in the imprint: https://lumxi.com/imprint)

(hereinafter referred to as “User of these Terms”, “we”, or “us”)

and you

(hereinafter referred to as “Provider”, “Partner”, “Your” or “You”).

(2) These GTC are directed at companies / entrepreneurs (§ 14 of the German Civil Code (BGB)) – (“Partners”), but not at consumers (§ 13 BGB) or end consumers within the meaning of the German Price Indication Ordinance (PAngV). Our range of services is directed exclusively at entrepreneurs. Contracts are concluded exclusively with entrepreneurs. No contract is concluded with consumers.

(3) You are a “consumer” if you are a natural person who concludes a contract with us for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity.

(4) You are an “entrepreneur” if you are a natural person or conclude a contract for a legal entity or a partnership with legal capacity which, when concluding the contract with us, acts in the exercise of its commercial or independent professional activity.

(5) These GTC apply on all of our Platforms. “Platforms” are all of our distribution and operation channels and services. In particular, these are our websites or apps and our profiles on websites or apps of our partners.

(6) The version of the GTC valid at the time of conclusion of the contract is decisive. Deviating terms and conditions are not accepted. This also applies if we have not expressly objected to their inclusion. Something different may apply insofar as otherwise provided for in these GTC in individual cases.

(7) All agreements made between you and us in connection with a service arise in particular from an order or engagement and the associated annexes, our confirmation, our acceptance and, in addition, insofar as not regulated therein, from these GTC. These GTC also apply to later orders or engagements that you place during or after expiry of the contract term, unless other terms and conditions have been incorporated at that time.

(8) These GTC also apply to other contracts concluded between you and us, insofar as no special terms and conditions relating to the other type of contract exist and clauses of these GTC can be applied in terms of content.

B. GTC Portal

§ 1 Our Services and Services of the Providers

(1) You, as a provider of services of beauty salons such as cosmetics, anti-aging, manicure, massage, hair removal / waxing, foot care, eyelash extensions and all other beauty services, can present your services on our Platforms and conclude contracts with our users as well as allocate appointments to our users.

(2) You provide the services presented by you on the Platforms after a contract has been concluded with a user. The contractual relationship between you as the provider and a user is established after conclusion of the contract through our intermediation. The services are provided by you as the provider for your own account and responsibility on the basis of your individual engagement by a user and – where available - your terms and conditions. In particular, you are liable for any breaches of duty or defects arising from the contract with the user.

(3) You are responsible for all content, advertisements and service offers uploaded to the platform. You undertake not to make service offers or perform services that are criminal, unlawful, abusive, misleading or infringe the rights of third parties; not to enter, upload or in any way provide to us or the users any such content and data, and not to use the Platforms in any unlawful manner.

(4) Your content and information must relate to your services. Advertising for services not offered on the Platforms is not permitted. It is not permitted to use seals of quality or other symbols of third parties that have not been approved by us.

(5) If you are an entrepreneur and submit offers for consumers on the Platforms, you must provide the users with the consumer protection information required by law. In particular, you must inform them about the existence or non-existence of the statutory right of withdrawal.

(6) To enable users to find your services suited to their needs, we provide you with the option of presenting the relevant information (images, videos, descriptions, brands and logos, among others) or your offers. We enable users to carry out a search and to sort the search results according to various criteria, or we pre-sort the results. We reserve the right to modify information in order to ensure better comprehensibility, in particular in the case of content, grammar or spelling errors. You can increase your visibility by booking the additional option of improved findability. This will, for example, give you a better position in the search results.

(7) We enable you to present services to users of our Platforms and to conclude contracts with them in the following ways:

Request model: The user submits a request via the platform, which is forwarded to providers for the submission of an offer.
Appointment model: The user can have an appointment allocated with a provider.

§ 2 Request Model

(1) We offer registered providers, in particular beauty salons, the opportunity to make a service offer to requesting users that matches their requests. You receive requests from users via the Platforms. You can then submit a service offer via the Platforms. The service offer remains valid for a period of 7 days. You are yourself responsible for the content of the service offer – in particular for the prices and services. If the user decides in favour of the offer, you will receive a confirmation by email or in your user account. A contract is concluded between you and the user.

(2) There is no obligation on the part of the user to accept an offer submitted by you. Likewise, the user is not obliged to engage you after sending a request.

(3) If you decide to submit a binding service offer and thus to perform a service, a contractual relationship between you and the user comes into existence upon acceptance of the service offer by the user. Solely the concluded contract as well as - if available - your terms and conditions and data protection conditions are decisive. If the user decides against taking up the request, the services rendered by the User of these Terms and the provider with regard to the case in question remain free of charge.

(4) We reserve the right to modify requests in order to ensure better comprehensibility towards you, in particular in the case of content, grammar or spelling errors. We further reserve the right to modify requests, distribute them otherwise or delete them if:

No acceptance by the provider takes place within 2 working days,
You cannot be reached,
No suitable provider is available,
A request is incomplete, incomprehensible or misleading,
A request violates applicable law, in particular if it contains insulting or untrue statements.

(5) In order to ensure correct billing of our remuneration in the event of contact between you as a provider and a user outside the Platforms following prior contact on the platform, the provider is obliged to notify us immediately of this and of the amount of the agreed remuneration. If this information is not provided, we are entitled to terminate the contractual relationship extraordinarily with immediate effect. In this case, we reserve the right to permanently block a provider and to estimate the remuneration until the specific remuneration is proven.

§ 3 Appointment Model

(1) On our Platforms you have the opportunity to view appointment offers from providers and can contact the providers as well as arrange appointments with the providers.

(2) The appointment offers are intended to bring you together with providers in whose companies and services you are interested and to enable you to make a binding appointment booking. The providers bear sole responsibility for the offers, the appointment arrangement and its execution.

§ 4 Contract Term and Termination

(1) The provider contract between us and you runs for an indefinite period, unless we have agreed a different term.

(2) If no minimum term has been agreed, both the provider and we are entitled to terminate the provider contract at any time without stating reasons. Termination can take place by email, by fax or within the user account. In the case of a paid service, the provider remains obliged to pay the agreed fee until the end of the contract despite termination.

(3) So that the termination by email or fax can be allocated, the full name, the registered email address, the postal address and the personal identifier should be included. The termination of an additional service/option leaves the underlying contract unaffected.

(4) In the case of a minimum contract term, the contract is continuously extended after the minimum contract term

for a minimum contract term between 13 and 24 months, by 3 months
for a minimum contract term of up to 12 months, by 1 month

unless it is terminated in advance by one of the parties with a notice period of one week to the respective end of the term.

(5) Immediate extraordinary termination for good cause is possible in particular in the event of violations of the provider contract as well as other contractual obligations, these GTC, the infringement of third-party rights, or damage to reputation. A renewed registration is only possible after 3 years following a renewed selection procedure and without legal entitlement. Claims for damages are reserved.

(6) Any type of termination entitles us to delete the account as well as all personal data created or uploaded by it. Personal data and other information transmitted to you are the sole responsibility of the respective provider.

C. GTC CRM

§ 1 Scope of Services

(1) We provide digital services in the area of CRM for beauty salons, in particular

Beauty Booking - An appointment booking software for customers of beauty salons with the following functions:
- Create an online booking website with individual design, your own logo and complete salon information
- Enable your customers to select services and time when booking appointments online
- Automatic appointment confirmation via SMS
- Automatic appointment reminder via SMS
- Chatbox between customers and salons for live support
- A salon management software – the personal assistant for salon owners
- Chart system for evaluating revenue trends and analysing customer spending, including customer segmentation
- Reports on customer satisfaction by employee or service category
- Efficient management of marketing campaigns, including voucher marketing, digital loyalty point cards and birthday campaigns
- Measurement of employee productivity
Beauty Checkin - An online check-in app for customers in salons:
- Support customers in selecting services
- Customers receive an overview of their bonus points
Beauty Checkout - A software used by salon employees and managers to centrally manage customer information:
- Planning and management of customer appointments
- Digital customer profiles (visit history, preferred treatments, customer spending) available at any time
- Notes function: allows you to store valuable customer information, e.g. which type of tea do your customers like? Which massage oil do they prefer?
- Customer feedback via SMS, providing you with insights to improve services and the customer experience

(2) To make use of our services, you receive access to software, online databases, functions, operating systems, documentation and all other components of our software (“Services”). You can use the Services via our Platforms - in particular via our mobile apps for iOS, Android and all other mobile devices as well as websites. Our Services are offered in the countries shown on our Platforms. We offer you both free and paid Services.

(3) Decisive for the scope of our service in each individual case is:

Your order, regardless of which of our Platforms you use to place it, in particular in the case of an online order (for example, the service description as part of the engagement or ordering process, on the website or the app)

D. GTC General

§ 1 Registration, Account, Selection Procedure and Conclusion of Contract

(1) You need an account to use our Platforms. In particular, it is required for making use of our Platforms for the intermediation and initiation of the conclusion of contracts with users. To obtain it, registration is required.

(2) Providing the data requested during registration is mandatory. You warrant their completeness and accuracy. Registration can be carried out by entering your data on our Platforms or by transferring your data from one of your accounts on a third-party platform, for example Apple, Facebook or Google. In these cases, the accounts may be linked and data may be exchanged between us and the third-party provider.

(3) The following requirements apply to registration:

Companies as natural persons are natural persons over 18 years of age.
Entrepreneurs as partnerships or corporations as well as any other bodies, associations or communities have legal capacity and have a representative authorised to represent them. Providing a P.O. box is not sufficient.

(4) There is no entitlement to registration. We are entitled to refuse a registration. Upon completion of the registration, a contractual relationship, the “Provider Contract”, arises and begins between you and us. With the registration, you also agree to these GTC and to the data processing in accordance with our privacy policy. If you download the app from third-party platforms (for example Apple App Store, Google Play or Amazon Appstore), the contractual conditions, terms and conditions and data protection provisions of the respective third-party provider apply insofar as there are overlaps in content – in particular with regard to the payment conditions, the right of withdrawal, the provisions on the user account and registration, the data protection provisions, the End User License Agreement for Licensed Applications (EULA) or the availability of the services.

(5) Before creating an account, we reserve the right to carry out a selection procedure. This is based on our selection criteria as an essential part of our quality management. We are entitled to make any selection without stating reasons, in particular a rejection decision. There is no entitlement to a quick or positive selection, in particular to the granting of a registration.

(6) Upon registration, you receive an account containing all the data necessary for use. The account may only be used by you yourself; in particular, you may not allow third parties to use the account or transfer the account to third parties (account sharing). The access data of the Platforms require a password, which must be chosen to be particularly secure. The access data may not be passed on to third parties – with the exception of employees or shareholders bound to confidentiality who have agreed to the GTC and data protection provisions – in particular to exclude access by unauthorised persons to confidential information of users. The password can be changed at any time. Multiple accounts of one person are not permitted. Any shared use is not permitted (account sharing). Access data must be kept secure and the User of these Terms must be notified immediately as soon as there is an impression of third-party use. Should we suspect third-party use, we are entitled to do everything necessary, such as an inspection, blocking or deletion of the provider account. The provider is liable for the damage caused by third-party use and the costs we incur for any measures. The account exists until the termination takes effect.

(7) The provider can log into their account at any time, view, change and supplement their profile data, communicate with us, the providers or, where applicable, all other parties involved, or undertake any other actions concerning the Provider Contract.

(8) You are responsible for the content and quality of all information on the Platforms. You warrant that your information is correct and complete. The information, evidence and other data must be kept continuously up to date. You undertake not to enter, upload or in any way provide to us or the users any content and data that is criminal, unlawful or infringes the rights of third parties, and not to use the Platforms in any unlawful manner, for example to commit criminal offences or to offer unlawful services.

(9) You undertake not to misuse the service offering and in particular not to distribute any unlawful, immoral, defamatory, offensive, obscene, pornographic or politically radical content.

(10) Your data may be made accessible to users of the Platforms. Your data may become accessible to users of the Platforms.

(11) You are responsible for the content and quality of all information. You warrant that it is correct and complete. We do not take note of the content; in particular, it is generally not reviewed. You undertake not to enter, upload or in any way provide to us or the providers any content and data that is criminal, unlawful or infringes the rights of third parties, and not to use the Platforms in any unlawful manner, for example to commit criminal offences or to offer unlawful services. You undertake not to misuse the service offering and in particular not to distribute any unlawful, immoral, defamatory, offensive, obscene, pornographic or politically radical content.

(12) You must not endanger the secure operation of our Platforms. Everything must be refrained from that could disturb other users of the Platforms or that goes beyond the intended use of our Platforms. You are in particular obliged to refrain from the following:

Uploading or sending files that contain a virus or other malware, or carrying out other interventions that could impair the functionality or accessibility of the Platforms or modify or delete content,
Uploading or sending any form of advertising, especially email advertising, SMS advertising, chain letters or other harassing content.
Exposing the Platforms to excessive load or disturbing or endangering their functioning in any other way,
Using crawlers, spiders, scrapers or other automated mechanisms without written consent to access the Platforms and collect content,
Collecting or using information such as email addresses or telephone numbers of other users without prior consent,
Reproducing, making publicly accessible, distributing, editing or using content of the Platforms or of third parties without prior consent by us or the third parties in a manner that goes beyond the intended use.

(13) We are entitled to take any measure with regard to your account without stating reasons. In particular, we are entitled to request a statement from you, to temporarily block the account, to issue a warning or to permanently block or delete the account. With regard to the content published by you on our Platforms, we are entitled to take any measure without stating reasons; in particular, we are entitled to modify or delete it without stating reasons – primarily to ensure better comprehensibility, especially in the case of content, grammar or spelling errors, but also for any other reasons at our discretion. In addition, we expressly reserve the right to assert civil and criminal claims. The sanctions do not affect the obligation to pay in the case of service relationships that have already come into existence, in particular if the service has already been (partially) rendered. You can increase your visibility by booking the additional option of improved findability. This will, for example, give you a better position in the search results.

(14) If one of the obligations of this § is violated, we are entitled to take any measure with regard to your account. In particular, we are entitled to request a statement from you without stating reasons, to temporarily block the account, to issue a warning, to permanently block or delete the account. In addition, we expressly reserve the right to assert civil and criminal claims. The sanctions do not affect the obligation to pay in the case of service relationships that have already come into existence, in particular if the service has already been (partially) rendered.

(15) Should services on our Platforms also be able to be used without an account, you already submit, by using our Platforms, an offer to conclude a contract for the duration of the use of a Platform in accordance with these GTC, which we accept by providing the service.

(16) If the app was downloaded from third-party platforms, the contractual conditions, terms and conditions and data protection provisions of the respective third-party provider may apply insofar as there are overlaps in content.

§ 2 Remuneration and Performance

(1) We receive remuneration for our services according to:

Your order or the engagement pursuant to the paragraph on the scope of services

In particular, the following applies:

Monthly service fee: We receive a monthly service fee.
- You as the provider receive from us:
  - Unlimited appointment bookings
  - Unlimited number of employees
  - Unlimited number of customers
  - Free support
  - Free updates
  - Monthly cancellation option
SMS packages: We receive remuneration per SMS message that you exchange with one of your customers via our Services. These are exchanged in particular for online appointment confirmations, requests for customer feedback or your promotional messages to users.

All further remuneration components are additionally determined by the models and functions used in each individual case.

(2) We undertake to provide the contractually owed services carefully and conscientiously. What is owed is not the achievement of a specific result.

(3) We are entitled to engage third parties, in particular as subcontractors, to provide the service.

§ 3 Prices, Payment, Default, Payment Terms, Set-off, Right of Retention

(1) For our paid services on our Platforms, the following applies: The prices stated by us are – unless otherwise presented or agreed in the individual case – net prices excluding VAT.

(2) Our remuneration is due – unless otherwise agreed between you and us – after conclusion of the contract and before the respective provision of the service. It must be paid at the latest within 2 weeks after dispatch of our invoice (invoice date). If payment is not made, default of payment occurs. In the event of default of payment, we are entitled to claim default interest and further damages in accordance with the statutory provisions. The default interest towards consumers amounts to 5 percentage points above the base interest rate per year pursuant to § 288 BGB; towards entrepreneurs, the default interest amounts to 9 percentage points above the base interest rate per year pursuant to § 288 BGB.

(3) We enable you to use various payment services and options. You can use any payment method provided by us for payment, in particular

transfer to an account specified by us,
grant us a direct debit authorisation or SEPA direct debit mandate,
pay us by EC/Maestro or credit card,
pay us via a third-party platform (for example Apple App Store, Google Play or Amazon Appstore) or
pay us via a payment service provider specified by us (for example PayPal),

in each case provided that we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequently.

(4) You make use of the payment service of a payment service provider by clicking on the button of the payment service provider during the ordering process for services. You will be directed to the corresponding page of the respective payment service provider. You make use of the payment service of a third-party platform such as Apple App Store, Google Play or Amazon Appstore by downloading our app via it. With regard to payment, we only provide access to the page of the respective payment service provider or the platform, but do not become a contracting party. In most cases, in order to use the payment services of a payment service provider or the platform, it is necessary to enter into a contractual relationship with the corresponding payment service provider. The respective contractual conditions, terms and conditions and data protection provisions apply.

(5) In the case of a granted direct debit authorisation, a SEPA direct debit mandate or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest on the due date. A granted direct debit authorisation also applies to further orders until revoked.

(6) You are not entitled to set off against our claims, unless your counterclaims have been finally established by a court or are undisputed, or if you assert notices of defects or counterclaims from the same contractual relationship.

(7) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and has been finally established by a court or is undisputed.

(8) In the event that one of our claims from one or more contracts is not paid on time, we are entitled to engage a debt collection agency (e.g. Creditreform) with the further collection of the due claim. By signing the contract, you consent to us transmitting the data and information required for the collection of the claim to the debt collection agency (e.g. Creditreform) and to the debt collection agency (e.g. Creditreform) being entitled to store and process the data. In particular, name and address, contract date, as well as invoice number, invoice amount and the due date are transmitted.

(9) If the app was downloaded from third-party platforms, the contractual conditions, terms and conditions and data protection provisions of the respective third-party provider may apply insofar as there are overlaps in content.

§ 4 Contract Term and Termination

(1) The contract between us and you runs for an indefinite period, unless we have agreed a different term.

(2) If no minimum term has been agreed, both you and we are entitled to terminate the provider contract at any time without stating reasons. Termination can take place by email, by fax or within the user account. In the case of a paid service, the provider remains obliged to pay the agreed fee until the end of the contract despite termination.

(4) In the case of a minimum contract term, the contract is continuously extended after the minimum contract term

for a minimum contract term between 13 and 24 months, by 3 months
for a minimum contract term of up to 12 months, by 1 month

unless it is terminated in advance by one of the parties with a notice period of one week to the respective end of the term.

§ 5 Duty to Cooperate

(1) You will support us in the provision of our contractual services through appropriate acts of cooperation. For example, you will provide us with the information and data required for the fulfilment of the service.

(2) Insofar as you are not entitled to provide the notification or to make items available pursuant to para. 1, this likewise constitutes a lack of cooperation. You warrant your entitlement to the corresponding actions. You will indemnify us upon first request against any claims of third parties who take action against us due to your lack of entitlement, and will compensate us for any damage arising from the claim by the third party, including any court and legal fees incurred for the legal defence. In all other respects, the statutory provisions apply.

(3) Missing, incomplete, damage-causing or infringing cooperation – for example through the notification or supply of incomplete, incorrect information, data, materials or documents or those not suitable for lawful use – entitles us to terminate the contract, in the case of a contract with an entrepreneur also without effect on the agreed remuneration.

(4) If we suffer damage as a result of faulty cooperation, a claim for damages exists. In this case, you likewise indemnify us against all claims of third parties which third parties assert in connection with acts of cooperation carried out by you in an at least grossly negligent faulty manner.

§ 6 Communication

(1) To ensure fast and simple communication with each other, communication generally takes place via your account on our Platforms, SMS and messenger services of the User of these Terms such as WhatsApp. You consent to information being sent to you by email, your account on our Platforms, by post or by other means.

(2) Dispatch and communication take place at your risk. We are not responsible and not liable for disruptions in the line networks of the internet, for server and software problems of third parties or problems of a postal or delivery service provider.

§ 7 Technical Availability, Data, Functionality and Content

(1) The Platforms are accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event outside our control and subject to outages and maintenance work required for operation. We work with great care towards the highest possible availability. Availability depends, among other things, on your technical equipment. Interruptions to availability can occur due to necessary maintenance and security work or unforeseen events that are not within our sphere of influence.

(2) We are not liable for your loss of data or damage resulting therefrom, insofar as the damage would not have occurred with regular and complete backing up of the data by you.

(3) We can change any functioning, the appearance, the structure or the content of our Platforms without obtaining your consent.

(4) We are entitled to block or modify all content – including user-generated content.

§ 8 Granting of Rights

(1) You undertake not to distribute via the Platforms any texts, images, video, audio files and/or other content (“Files”) that violate applicable law, public morals and/or these GTC. In particular, you undertake to respect the rights of third parties, such as copyrights, trademark rights, patent and utility model rights, design rights, database rights and any other industrial property rights (hereinafter “Property Rights”).

(2) You hereby grant us a comprehensive, exclusive right of use, unlimited in territory and time and applying without restriction to all types of use, to the Files or Property Rights that you publish via our Platforms or upload to our platform or to the user account or supply to us in any other way, in particular the right of use to your image, your name or company name, your trademark and any other materials. Insofar as this is possible under applicable law, you hereby unconditionally and irrevocably waive all moral rights existing in the Files, including the right of attribution and the prohibition of distortion.

(3) The granting of rights includes in particular the right to exploit the Files for our own or third-party purposes in any manner worldwide and without time limitation, including exploitation in and on products, whether our own or those for third parties, in all types of use. It also includes the right to reproduce and/or publish the Files. The rights also include the right of adaptation, i.e. the entitlement to further edit the Files or have them further edited by third parties.

(4) Insofar as we create Files for the user or provider, all copyrights and rights of use remain with us.

(5) If the app was downloaded from third-party platforms, the contractual conditions, terms and conditions and data protection provisions of the respective third-party provider may apply insofar as there are overlaps in content.

§ 9 Our Rights to Our Platforms

(1) You agree that the Platforms and all applications connected with them are database works and databases within the meaning of §§ 4 para. 2, 87a para. 1 of the German Copyright Act (UrhG), of which we are the legal owner. All associated applications are subject to protection under §§ 69a et seq. UrhG. They are protected by copyright.

(2) The rights to all other elements of our Platforms, in particular the rights of use and ancillary copyrights to the content and documents posted by us or acquired through the granting of rights, also belong exclusively to us. In particular, trademarks, other identifiers, company logos, protective notices, copyright notices or other features serving to identify our Platforms or individual elements thereof may not be removed or altered. The same applies to printouts.

§ 10 Changes to the Services

We reserve the right to discontinue, change or restrict the access to software, online databases, functions, operating systems, documentation and all other components of our software required for making use of our services, as well as their functioning – insofar as legally permissible also without prior notice – in whole or in part, at any time, temporarily or permanently. In particular, we reserve the right to change or deactivate characteristics of our services (for example design, layout, sections, structure or availability), to convert free components into paid ones, to no longer support certain functions or to suspend compatibility (for example with certain device types or operating systems).

§ 11 End User License Agreement (EULA)

(1) We grant you a personal, non-exclusive, revocable, non-transferable and worldwide right of use to the Platforms - in particular any software functions on the website or apps -, their content, services, other functions and all updates. This is granted exclusively for your own needs and within the scope of the use of the Platforms and their services and to the exclusion of any other purposes.

(2) Our digital products (in particular apps, software) are licensed to you and not sold to you.

(3) The license does not give you any right of use to the content. It is in particular prohibited:

To adapt, modify, translate, edit, reverse-convert, disassemble, transcode the Platforms, their content, services, other functions or updates, or to reproduce the platform or a part thereof through reverse engineering;
To export the Platforms, their content, services, other functions or updates, or to combine them in whole or in part with other software programs, or to reproduce them in whole or in part, by any means and in any form, permanently or temporarily;
To extract or reuse content of the databases created from the Platforms;
To create works derived from the licensed platform;
To use processes or software intended to copy the Platforms, their content, services, other functions or updates without our consent;
To set up systems capable of hacking the Platforms.
To offer or make available our services to third parties without our consent.

(4) In the event of a violation of the prohibition, criminal liability and an obligation to pay damages exist.

§ 12 Third-Party Advertising

(1) We reserve the right to display third-party advertising to you. We have no influence on the advertising, in particular not on its content, its reliability or its accuracy. Advertising is displayed without our review; in particular, we do not approve its content – the advertiser alone is responsible. For any form of use – in particular by clicking, using their services performed by means of an application programming interface (“API”) or visiting their platforms linked in the advertising – their contractual conditions, terms and conditions and data protection provisions apply.

(2) Advertising can in particular be accompanied by links to third-party platforms or third-party API applications. Here too, the respective provider of the advertising alone is responsible. Its contractual conditions, terms and conditions and data protection provisions apply.

§ 13 Copyrights

We hold copyrights and other rights to all images, films, texts and other content protected by copyright or similar rights that are published on our website, our profiles on other websites, our social media profiles. Any use of the images, films, texts and other rights is not permitted without our written consent.

§ 14 Data Protection and Data Security

(1) We collect personal data from you and, where applicable, other data supplied by you or obtained by us in the course of the fulfilment of the contract, for the purpose of performing the contract and fulfilling the contractual and pre-contractual obligations. The data collection and data processing is necessary for the fulfilment of the contract and is based on Article 6 para. 1 b) GDPR. We process them in accordance with the obligations of the GDPR. Pursuant to § 5 para. 1 GDPR, personal data must essentially be:

(a) processed lawfully and fairly and in a manner that is transparent for the data subject (“lawfulness, fairness and transparency”);

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes (“purpose limitation”);

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate with regard to the purposes of their processing are erased or rectified without delay (“accuracy”);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which they are processed (“storage limitation”);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, accidental destruction or accidental damage, using appropriate technical and organisational measures (“integrity and confidentiality”).

(2) Data is generally not transmitted to third parties unless a corresponding obligation exists or the performance of the contract or compliance with a statutory deadline makes a data transmission necessary, for example if the disclosure of the data is necessary to carry out a query by a third-party provider necessary for the performance of the contract for you, your data is forwarded to a payment provider, or freelance staff are engaged to contribute to the fulfilment of a service obligation towards you. In these cases, the service providers will in many cases have a contractual relationship with you, so that they act on their own responsibility.

(3) As soon as data is no longer required for the purpose of its processing and if a statutory retention obligation no longer exists, it will be deleted by us. In the initiation of our contractual relationship as well as during its performance, we retain your data. It may also be necessary for data to be retained after termination of our contractual relationship. For example, invoice data (billing documents) must be retained for 10 years pursuant to § 147 of the German Fiscal Code (Abgabenordnung). As long as a service provider acting for us also has a contract with us on the performance of your service, we remain obliged to retain the data in accordance with the agreed retention periods.

(4) You have the right to information, data transfer, deletion, rectification, restriction or blocking of your personal data. In particular, you have a right to free information about all personal data.

The contact details of our data protection officer responsible for this can be found in our privacy policy: https://lumxi.com/privacy-policy. In addition, corresponding administrative or judicial remedies or those before a supervisory authority are open to you.

§ 15 Liability and Indemnification

(1) The User of these Terms is liable to the Partner in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, the User of these Terms is liable – unless otherwise provided in para. 3 – only in the event of a breach of a contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you as the contractual partner may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in para. 3.

(3) The liability of the User of these Terms for damages arising from injury to life, body or health and under the German Product Liability Act remains unaffected by the above limitations and exclusions of liability.

(4) The Partner indemnifies the User of these Terms upon first request against any claims of third parties asserted against us and/or our vicarious agents due to possible culpable breaches by the Partner of its obligations – in particular under these GTC. The Partner compensates the User of these Terms for any damage arising from the claim by the third party, including any court and legal fees incurred for the legal defence. In all other respects, the statutory provisions apply.

§ 16 Applicable Law, Contract Language and Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Partner is a merchant and has its registered office in Germany at the time of the engagement, the exclusive place of jurisdiction is the registered office of the User of these Terms in Langen. In all other respects, the applicable statutory provisions apply to local and international jurisdiction.

(2) The contract language is German, unless otherwise agreed in writing.

§ 17 Final Provisions

(1) Amendments and supplements to these GTC shall be made in writing; we reserve the right to do so. Amendments require that you are not unreasonably disadvantaged, that no violation of good faith occurs and that the amendment is not objected to. In the event of an amendment, notification will be given via one of the communication channels – in particular by email – 2 months before it takes effect. The amendment becomes effective if it is not objected to within this period – thereafter the amended GTC become valid.

(2) The assignment of this contract to another company is reserved. It becomes valid 1 month after dispatch of a notification of assignment to you via one of our communication channels – in particular by email. In the event of an assignment, you have a right of termination, which applies for 1 month after receipt of the notification of the assignment. All rights granted to us are at the same time deemed granted to our legal successors.

(3) In the event of the invalidity of individual provisions of these GTC, the legal validity of the remaining provisions is not affected. The invalid provision is replaced by a valid provision that comes closest to the intended economic purpose.