The following Terms of Usage govern the conditions under which users can utilize the services offered under the internet domain www.forgetty.de by Bo-Mobile GmbH, Matthias-Gruenewald Str. 1-3, 53175 Bonn, Germany (hereafter „BO-MOBILE“). By using these service, the user explicitly agrees to these Terms of Usage.
BO-MOBILE operates an interactive online service (hereafter „forgetty“ or „portal“) with the main purpose of coordinating meetings among users.
BO-MOBILE also offer their services under several other top-level domains. The Terms of Usage at hand govern the contractual relationship between the user and BO-MOBILE regardless of the forgetty domain which was used to register or log-in.
§ 1 Scope of Service
BO-MOBILE provides a portal for coordinating meetings with other users. This portal enables users to automatically execute inquiries and reminders for appointments.
To that purpose, one user, the so-called group manager, can set up a group on forgetty and can invite up to 50 participants to join.
First, group managers have to enter the name of the group, their own name, their e-mail address as well as the intended meeting place. Forgetty will then generate an administration link and send it to the group manager's e-mail address. Only after the group manager has confirmed this administration link, will he be able to administer the group.
After confirming the administration link, the group manager can enter the names and e-mail addresses of potential members and determine other group details (required minimum number of participants and reminders). Forgetty then sends out an mail to the selected participants. It contains a confirmation link with which the participants receiving the e-mail can join the group.
If the selected users do not respond, they will not receive any more messages from forgetty. However, if they click on the activation link, they join the group and forgetty will keep them updated on a regular basis about news within the group.
Forgetty informs all participants of a group of appointments created by the group manager. Participants are asked to confirm or cancel their participation. If a participant does not respond, they will receive a reminder after a certain period of time, as established by the group manager.
Moreover, users are provided with a feature that can determine whether a required minimum number of participants, which has to be entered by the group manager, has been reached. If that minimum number has not been reached by a point in time established by the group manager, forgetty generates a message to all participants canceling the event.
Forgetty is continuously being enhanced and adapted, so that existing features may be removed and new features may be added at any time, as the case may be. This does not entitle users to derive any rights.
Forgetty endeavors to reach a very high level of system availability and reliability. Notwithstanding, a continuous availability cannot be guaranteed. Due to technical disruptions, maintenance work, exceptionally high utilization by users or other factors, there may be isolated occurrences of system failure, which can negatively affect the availability of the services. BO-MOBILE endeavors to inform users about this as soon as possible.
§ 2 Accountability and Prohibited Content
The user undertakes to respect and preserve the rights and interests of other users and third parties. In particular, users will not violate the rights and interests of other users and third parties by publishing content that violates legal regulations or morality.
The user commits in particular to not placing any of the following content:
Content constituting any type of criminal offense
Content that violates § 4 Art. 2 Jugendmedienschutz-Staatsvertrag (Agreement of the German Federal States regarding the Protection of Human Dignity and Juveniles in Radio and Televised Media) or is harmful to the development of juveniles according to § 5 Jugendmedienschutz-Staatsvertrag
Content displaying abuse of illegal substances
Threatening, racist, defamatory, molesting, politically extremist, sexist, discriminatory or otherwise offensive content and content that glorifies violence
Chain mail, Ponzi schemes, competitions, lottery gambling games, advertising or similar content
Any other content that violates morality
The user undertakes not to place hyperlinks on the website that contain content according to Par. 2.
The user undertakes not to attempt to illegitimately gain access to other users' data.
The user undertakes not to impact the functionality of forgetty in any way. In particular, the user is responsible for ascertaining that their profile page or other content they placed on the site does not contain viruses, worms, Trojan horses or other programs that might that might put at risk or interfere with the functionality and existence of forgetty.
The user undertakes to invite only participants with whom they are personally acquainted and who consent to receiving the messages.
The user bears the responsibility for ensuring that placing their content (images, texts, video and audio files) does not constitute a breach of the rights of third parties, in particular with respect to personal rights, copyright and ancillary copyright, trademark rights or any other rights. The user undertakes to carefully ensuring, before placing any content on forgetty, that this does not violate the rights of third parties.
§ 3 Exemption from Liability
The user exempts BO-MOBILE from all claims by third parties, which they may bring forth against BO-MOBILE regarding infringements of their rights committed by the user on forgetty. The user bears the expenses of legal defense, if necessary, including all court and lawyer fees at the statutory rate.
In the case of claims being made, the user undertakes to provide BO-MOBILE with all the available information required to assess the claims and, should it be necessary, to conduct a defense. Further claims for compensation by BO-MOBILE against the user shall remain unaffected.
§ 5 does not apply if the user is not responsible for the offense.
§ 4 BO-MOBILE Liability
Claims for damages by the user shall be excluded, with the exception of claims for damages brought forward by the user based on violation of life, body, health or the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that were caused by intentional or grossly negligent violation of duty by BO-MOBILE, its legal representatives or agents. Essential contractual obligations are those obligations which must be fulfilled in order to reach the objective of the contract.
In the case of a violation of essential contractual obligations, the provider is only liable for foreseeable damage typical for the contract if it was caused by simple negligence, unless the claims for damages brought forward by the customer are based on a violation of life, body or health.
§ 5 Data Processing Information
Upon visiting and using forgetty, personal data in the form of basic and usage data may be collected, processed and used to the extend to which they are required for usage of the service by the customer and to which the user disclosed the data. In particular, this can include specific attributes for identification purposes, such as the name or e-mail address, but also neutral data such as the IP address, localization data, beginning and duration of usage as well as the services used.
By utilizing forgetty, the user consents to the collection of personal data by BO-MOBILE, to the processing of these data by BO-MOBILE for the purpose of implementing and executing the contractual utilization as well as to making the data entered by the user available to the group manager. Furthermore, the user consents to the use of their personal data by BO-MOBILE in order to receive e-mails with general information about the provided service.
§ 6 Final Provisions
BO-MOBILE reserves the right to change these Terms of Usage at any time. Before effecting any changes, BO-MOBILE will inform the user in a timely manner. By continuing usage of the services, the user automatically agrees to the changes.
The Terms of Usage and the contractual relationships between users and BO-MOBILE are governed exclusively by German law, excluding UN sales law.
The place of jurisdiction for any legal disputes arising from the usage of the online portal is Bonn, Germany. If individual provisions of the Terms of Usage are or become void, the effectiveness of the remaining clauses shall not be affected thereby.