Terms and Conditions
§ 1 Scope of Application
(1) The following Terms and Conditions (TC) are an integral part of all contracts (in written and electronic form) between wingu GmbH, Rödingsmarkt 9, Hamburg, (hereinafter referred to as "wingu" or "provider") and the customer, which are concluded via the wingu.de website and/or via the services relating to the Proximity software solution offered by the provider (hereinafter referred to as "Proximity Platform") and/or the delivery of hardware.
(2) Deviating general terms and conditions of the contracting parties shall not become an integral part of the contract. Collateral agreements and other deviations from our contracts, license conditions or these TC must be made in writing.
(3) Customers in the sense of the present regulations are both consumers and entrepreneurs.
§ 2 Service Offering
(1) wingu provides the customer with various services.
(1.1) wingu enables the customer to conclude a contract for the use of a software solution as a service with which the customer can manage proximity triggers and content online in the wingu web portal. Within the scope of use, wingu also provides storage space on the Internet. A transfer of the Proximity platform is not part of the contract.
(1.2) wingu offers the customer the aforementioned services on the wingu.de website as part of a hardware "starter box". The contractual services are described in detail in the respective offer.
(2) If the customer concludes a contract for the use of the Proximity Platform, the following applies: the customer has the possibility to create a free user account via the wingu platform by registration. Within the framework of the user account, the customer can gain access to the Proximity platform by entering a user name and password. wingu grants the customer a simple right to use the software on which the web portal is based. See §4 for details.
(3) The customer must provide the complete and correct data requested in the registration form on the wingu platform, if and insofar as these are not marked as voluntary data. The use of artist names, pseudonyms or other fancy names in the context of personal name queries is not permitted. If the data collected changes after registration, the customer is obliged to update his/her profile immediately or to inform wingu of the changed data. The customer must keep his password for the user account secret and carefully secure access to his account. The customer is obliged to inform the provider immediately if there are indications that a user account has been misused by third parties.
(4) The descriptions on wingu's website and the respective agreements between the parties apply to the description of further contract variants and the respective scope of services.
§ 3 Conclusion of Contract
(1) If the contract is concluded via the wingu website, the following applies: the offers presented on the website do not constitute an offer in the legal sense. With the order, the customer bindingly declares his/her contractual offer. Input errors can be corrected before sending the order using the usual keyboard and mouse functions. By clicking on the button that concludes the order, the customer submits a binding contract offer. Upon receipt of the customer's offer by wingu, acceptance of the contract is expressly confirmed by wingu to the customer by e-mail or letter post.
(2) If the contract is concluded by e-mail, fax or telephone, the following applies: The catalogue of services shown on the wingu website or transmitted in any other form (e.g. e-mail) does not constitute an offer in the legal sense. By ordering by e-mail, fax or telephone, the customer declares his/her contractual interest or binding offer.
(2.1) Contractual interest
The order by the customer represents a non-binding offer of the customer to wingu to conclude a contract for the services described in the order. After receipt of the order, wingu sends the customer a message confirming receipt of the order and listing its details (order confirmation). This order confirmation represents a binding offer to the customer. Acceptance is declared by the customer either expressly by e-mail or takes place at the latest with payment of the service within 14 days from receipt of the offer. The offer submitted by wingu is valid from receipt by the customer for a period of 10 days.
If wingu does not submit a binding offer to the customer, the customer will be informed of this.
(2.2) Contract offer
The customer can also expressly declare his contractual offer to be binding in his order. wingu will send the customer a confirmation of receipt of his order. Acceptance is expressly declared by wingu.
(3) In the case of contracts concluded electronically: the contract text is stored by wingu and will be sent to the customer by e-mail.
§ 4 Copyright and Right of Use
(1) The copyright and exclusive right of use for published objects (Internet pages, scripts, programs, graphics) created by wingu shall remain solely with wingu.
(2) Upon conclusion of the contract for the use of the Proximity Platform, the customer receives a simple, spatially unlimited right to use the software according to the scope agreed in the contract for exclusively his own purposes for the duration of the contract. Further rights, in particular for reproduction beyond what is necessary for contractual use, are not granted. Any rights under Sections 69 d (2) and (3), 69 e UrhG remain unaffected.
(3) Any duplication or use of elements of the Proximity Platform in other electronic or printed publications, in particular on other Internet pages, is not permitted without the express consent of wingu. The comprehensive copyright with all powers according to §12 to §27 UrhG on all documents, information and contract objects created within the framework of the contract initiation and including warranty and maintenance is exclusively entitled to wingu, unless otherwise agreed in writing.
(4) The customer's access to the Proximity Platform depends on the connection via the Internet for which the customer is responsible.
(5) wingu is entitled to interrupt the permanent use due to maintenance work and for other important reasons.
§ 5 Performance and Responsibility
(1) wingu provides the Proximity Platform.
(2) The customer has the possibility to upload and manage content to his/her user account.
(3) The customer is responsible for ensuring that any content supplied by him/her is completely free of third-party rights for integration and is also legally suitable for these uses and may be made available.
(4) The customer releases wingu from all claims, including claims for damages, which third parties assert against wingu due to an infringement of their rights by the content provided by the customer through his/her Proximity Trigger content. The customer shall bear all reasonable costs incurred by wingu due to this infringement of third party rights, including the reasonable costs incurred for legal defence. All further rights and claims for damages of wingu remain unaffected.
(5) wingu may review or have the contents (any text entries and representations) checked for their admissibility at any time. If wingu has reasonable grounds to suspect that content violates the TC, business policy of the platform (in particular the provisions of these TC), legal provisions or the rights of third parties, wingu may remove the content in question at any time without giving any reason and without this entailing any obligations for wingu. Upon request, wingu will inform the customer of the reason.
(6) wingu has the right to technically process, prepare and adapt offers and contents of customers in such a way that these can also be displayed on mobile end devices or software applications of third parties.
(7) In principle, all content can be displayed via the Proximity Platform within the framework of the legal system. This does not apply to the presentation of pornographic, violence-glorifying or racist content. The customer is liable for corresponding legal information and labelling obligations as well as any approvals of its contents and it is incumbent on it to provide these properly.
§ 6 Remuneration
(1) The prices stated are net prices, i.e. plus the statutory value-added tax.
(2) The payment option is limited to payment by credit card, provided that no further information is provided on the website.
§ 7 Defects of Quality and Title, Liability
(1) wingu guarantees that its services are free of material defects and defects of title. The legal regulations apply.
(2) wingu shall not be liable to the customer for damage to legal assets other than life, body or health, unless the damage is based on intentional or grossly negligent conduct by wingu, one of its legal representatives or one of its vicarious agents, nor when the conduct is a breach of material contractual obligations. Essential contractual obligations are such obligations, the fulfillment of which are essential for the proper execution of the contract and on whose compliance the customer may regularly rely. The aforementioned exclusions and limitations of liability shall not apply in the case of the assumption of express guarantees by wingu or in the case of claims due to missing warranted characteristics or insofar as claims under the Product Liability Act are affected.
(3) wingu shall only be liable for the recovery of data to the extent that the customer has taken all necessary and reasonable data backup precautions and ensured that the data can be reconstructed with reasonable effort from data material held available in machine-readable form.
§ 8 Contract Cancellation
(1) The contractual relationship for the use of the Proximity Platform is concluded on an annual or monthly basis, depending on the agreement.
(2) If the contractual relationship is concluded or extended for more than one month or one year, it can be terminated by both parties at any time at the end of the contractual period. If no notice of termination is given, the contractual relationship shall be extended by the respective contractual period.
(3) The right of the contracting parties to terminate the contract for good cause without observing a period of notice remains unaffected.
(4) All cancellations must be made in text form.
§ 9 Concluding Provisions
(1) Should individual provisions of the contract with the customer, including these Terms and Conditions, be or become invalid in whole or in part, the remaining provisions shall remain unaffected.
(2) The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to a consumer only insofar as it does not restrict any mandatory legal provisions of the state in which he has his place of residence or habitual abode.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of wingu.
(4) The contractual language is German.
(5) wingu is entitled to adjust the agreed prices a maximum of once per quarter to changing market conditions, in the event of significant changes in procurement costs, changes in value added tax or procurement prices. In the event of price increases that significantly exceed the regular increase in living expenses, the customer is entitled to terminate the contract. In such cases wingu will inform him of this in text form.
(6) The EU Commission provides a platform for out-of-court dispute resolution. The platform can be reached via the external link https://ec.europa.eu/consumers/odr/ You will find our e-mail address in this context in the imprint of our website.
*** These Terms and Conditions are translated by wingu GmbH for informational purposes. wingu GmbH uses the German original as its legal basis.***