Terms of Service
§ 1. General
These General Terms and Conditions shall apply to all business relations between CleverMemo - a project of ShareUrMind UG (Haftungsbeschränkt), Forstenrieder Allee 128, 81476 Munich, represented by its managing directors: Mr. Marcel Schuy and Mr. Richard Schuy (here in after referred to as CleverMemo) and the consultants at the time of conclusion of the contract. Conflicting general terms and conditions of business of the consultant are hereby expressly rejected. Consultants within the meaning of these General Terms and Conditions are exclusively entrepreneurs according to § 14 BGB.
The contract language is German. Consultants within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB.
(C) Subsequent modification of these terms
CleverMemo is entitled to retroactively adapt and supplement the General Terms and Conditions of Business against existing business relationships, as far as changes in legislation or jurisprudence requirement or other circumstances lead to the fact that the contractual equivalence relationship is not only insignificantly disturbed. A subsequent change in the terms and conditions will be effective if the consultant does not object within six weeks of the change being notified. CleverMemo shall, at the beginning of the period, expressly advise the consultant of the effect of his silence as acceptance of the amendment to the contract and grant him the possibility to make an express declaration during the period. If the consultant refuses in due time, both CleverMemo and the consultant can terminate the contractual relationship extraordinarily.
§ 2 Registration
Basically, a distinction is made between clients and consultants on the platform. Registration is only permitted for persons aged 18 and over who are full-time and full-fledged. All information must be true. Each consultant may only create one account. Registration is free.
(B) Registration as a consultant (free trial period)
First, the consultant enters his data. He then confirms his registration by clicking on the "Try now for free" button. By registering, the consultant declares his contractual offer regarding the free usage contract. CleverMemo will immediately confirm access to the registration of the consultant. The acknowledgment of receipt constitutes the binding acceptance of the registration. With the acceptance comes a contract between CleverMemo and the consultant.
(C) Conclusion of the contract for paid use
After expiration of the free trial period, the consultant is redirected to a selection page of the bookable plans after the login. The consultant can choose between three plans by clicking on the respective plan. The customer then enters his data, especially the invoice address and the account data. Then he chooses the payment method. In the last step, the customer has the option to review all the information (for example, name, address, method of payment, ordered plan) and, if necessary, correct input errors before confirming his order by clicking on the "sign up" button. With the booking, the customer declares his contractual offer binding. CleverMemo will immediately confirm receipt of the customer's order. The confirmation of access does not constitute a binding acceptance of the order. CleverMemo is entitled to accept the contract within two days after receipt of the order by e-mail, fax, telephone, by mail or by unblocking the account. With the acceptance, a contract between CleverMemo and the customer is concluded.
(D) Conclusion of the CleverMemo Akademie
The customer may book an online course (CleverMemo-Akademie) in three steps via the website. To this end, the customer selects the desired course and, in the second step, first enters the necessary data, in particular the invoice address and the account data, and selects the payment method. In the third step, the customer has the possibility to review all information (e.g name, address, method of payment, ordered course) and correct any errors, before confirming his order by clicking on the button "order to pay". With the booking, the customer declares his contractual offer binding. CleverMemo will immediately confirm receipt of the customer's order. The confirmation of access does not constitute a binding acceptance of the order. CleverMemo is entitled to accept the contract within two days after receipt of the order by e-mail, fax, telephone, by mail or by release. With the acceptance, a contract between CleverMemo and the customer is concluded.
The rights of the consultant from this contract are not transferable. The password, which gives the consultant access to the personal area and therefore also to the data acquisition, is strictly confidential and may not be passed on to third parties. The consultant shall take the appropriate measures to prevent a third party from acquiring his password.
(F) Usage of data by consultants
The consultant is obliged to use the information provided to him by preliminary discussions, consultations, telephone calls, etc. only in context with the specific inquiry. Any storage of data for its own purposes or transmission of information or data to third parties or use of the information for other purposes is prohibited.
(G) Storage of the contract
The contract text can no longer be accessed by the consultant after the registration via the CleverMemo website. The consultant can print out the relevant website with the contract text and the Terms via the print function of the browser.
§ 3 Responsibility of the consultants in the provision of services
The consultant is responsible for the presentation of his offer himself and is assured to be expert and competent in the presented area.
(B) Responsibility for invitation link
By sending the invitation links to the client, the consultant ensures that only those clients are invited to the CleverMemo service, who have given their consent to the receipt of the link, before sending the link. CleverMemo reserves the right to require the Consultant to provide evidence (in text form, such as mail or e-mail) of the consent.
(C) Content of the consultant profiles
The Consultant undertakes to discontinue only serious offers and to carefully and truthfully compile the information submitted to CleverMemo about the offer and to deactivate this immediately if the offer is no longer current and the service is therefore no longer available. The consultant is solely responsible for the content and correctness of the transmitted data. It also undertakes not to transmit any data whose content violates rights of third parties (for example, personality rights, name rights, trademark rights, copyrights, etc.) or violate existing laws.
The Advisor will indemnify CleverMemo from all claims made by third parties for such infringements against CleverMemo. This includes the reimbursement of the costs of necessary legal representation.
§ 4 Usage
The consultant is responsible for the nature, content and duration of the contact and the individual discussions. The consultant undertakes to use the services offered by CleverMemo only in the extent permitted by law and in accordance with these terms and conditions. Misuse will result in the exclusion of the right of use granted by the registration. CleverMemo will deactivate the account of the respective consultant after becoming aware of an abusive use. Already paid fees will not be paid out in this case.
§ 5 Costs and duration
(A) Plan selection
There´s a 14-day-free trial period. After the expiration of the 14 days, the consultant may decide on one of the three plans available. The plans depend on the number of active clients and the amount of data used (memory) on CleverMemo. In the case of non-selection of a plan, the consultant´s account will be deactivated from the 15th day after registration, with the result that the consultant's clients can not log in until the consultant selected a plan. The activation of the chargeable account is governed by § 2 c.
The contractual term is determined by the chosen payment period (1 month or 1 year). Unless the customer terminates the contract until the end of the payment period, the customer shall automatically extend the duration of the payment period chosen at the time the contract was concluded. The validity of the cancellation is subject to the CleverMemo's declaration of cancellation until the last day of the payment period. The right to extraordinary cancellation shall remain unaffected.
(C) Payment options
Payment of the respective plan is made monthly or annually by direct debit, credit card or PayPal and is handled by the payment service provider Novalnet AG. In the event of a delay in payment, the account of the consultant is suspended until the payment is continued.
(D) Payment CleverMemo Akademie
If a course of the CleverMemo Akademie has been booked, the agreed one-time fee is due with conclusion of the contract and the customer has to make the payment by means of one of the available payment facilities before an exchange or a start of the course.
§ 6 Performance
CleverMemo offers consultants the opportunity to communicate with their clients via the platform (exchange of messages, notes, tasks, documents). The consultants invite their clients by e-mail. Consultants and clients each have a password secured login area, and can access their account from any Internet - enabled device using their access data. CleverMemo will not be a party to the agreement between the consultant and the client.
(B) Delays of the Service
Delays in performance due to force majeure and due to extraordinary and unpredictable events, which can not be prevented by CleverMemo with utmost care, CleverMemo will not be responsible for such occurrence. Consultants entitle CleverMemo to postpone service for the duration of the obstructing event.
CleverMemo can withdraw from the contract in case of non-availability for the aforementioned reasons. CleverMemo undertakes to notify the consultant immediately of non-availability and to reimburse immediately any counter-performance already provided.
(D) Technical requirements
The use of the services offered and provided by CleverMemo requires appropriate compatible devices such as, for example, a sufficient Internet access.
(E) Data access
The data protection agreement applies. CleverMemo collects, stores and processes data to the extent necessary for the agreed service provision.
§ 7 Availability
CleverMemo does not guarantee the availability of the offered services. Furthermore, CleverMemo does not warrant that the offered services or parts thereof may be made available and used from any location.
§ 8 Liability
CleverMemo and its legal representatives and vicarious agents are only liable for intent or gross negligence. So long as essential contractual obligations (consequently such obligations, whose compliance is of particular importance for the achievement of the purpose of the contract), is also liable for slight negligence. The liability is limited to the foreseeable, contract-typical damage. CleverMemo is only liable in the event of a gross negligent breach of non-material contractual obligations in the amount of foreseeable, contractual damage.
(B) Right of retention
The foregoing exclusion of liability does not cover liability for damage resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by the exclusion of liability.
CleverMemo performs effective data backups as part of the service delivery, but does not accept a general data backup guarantee for the data provided by the consultant. The consultant is also responsible for creating appropriate backups of his data at regular intervals, thus preventing data loss. CleverMemo shall take reasonable care with the provision of the agreed service and will provide the data backup with the necessary expertise. However, CleverMemo does not warrant or imply that the stored content or data accessed by the Consultant will not be accidentally corrupted or corrupted.
§ 9 Final provisions
The sole place of jurisdiction for all legal disputes arising from this contract shall be CleverMemo's place of business in Munich if the consultant is a merchant, a legal person of public law or a public special fund or if the advisor does not have a court of jurisdiction in the Federal Republic of Germany.
(B) Choice of law
To the extent that non-compulsory statutory provisions are contrary to the law of the adviser's home law, German law shall be deemed to be agreed upon, with the exclusion of the UN purchase law.
(C) Severance clause
The invalidity of individual provisions shall not affect the validity of the remaining general terms and conditions.