General Business Terms
The following General Business Terms regulate the contractual relationship between
The Urban Xperience UG (haftungsbeschränkt)
Sonnenberger Strasse 82
listed in the Trade Registry of the District Court of Wiesbaden under HRB 29344 and the Users that use the service of the mobile App UrbanX by The Urban Xperience UG (haftungsbeschränkt), hereinafter called TUX, and define the applicable usage terms of TUX.
The Business Terms stipulated here regulate the guidelines for the usage of the website http://www.urbanxapp.com and the mobile app UrbanX by TUX. The Business Terms are applicable also if the service is used in a location outside the Federal Republic of Germany. By registering with UrbanX the User acknowledges to have read and understood the General Business Terms and Privacy Policies and to accept these. Deviating regulations, in particular terms of the User that stand in contradiction to the Business Terms require the written approval of TUX.
II. Scope of Service
(1) TUX operates a Sports Network on the Internet and a mobile application, which offers the User access to a databank via which the User can connect with other Users for the purpose of joint exercises and to form training partnerships. The databank is made available via the mobile app UrbanX. The databank contains profiles with photos and information about other users. Registered Users can access these profiles and information and invite other Users to so-called „Meetups“. Furthermore, it is possible to search other Users in the vicinity by using the so-called „Radar“, and to be found by it accordingly. TUX only offers the IT service in this, there is no guarantee of success.
(2) TUX is authorized to assign third party service providers and subcontractors the task of providing the partial or entire service spectrum.
(3) TUX will endeavour to offer the service as free of interruptions as possible. However, also given the greatest care downtimes cannot be excluded – for example due to maintenance work and software updates as well as during times when the service is not available due to technical or other problems that are beyond the scope of influence of TUX (force majeure, third party fault, etc.)
III. Conclusion of Contract, Commencement of Contract, Prices
(1) The contract between TUX and the User is concluded with the free registration by the User in the mobile app UrbanX.
(2) The User can carry out the free registration by completing the registration form. Alternatively he/she can register via the Connect function of third party provider Facebook. The data selected from the relevant profiles of the User is then transferred into the UrbanX Databank. When registering via the Connect function the User accepts the relevant terms of the third party provider and gives his/her consent that certain data will be transferred to the UrbanX Databank – comp. the Data Protection Regulations for UrbanX that can be viewed at http://urbanxapp.com/app/privacy.html
(3) The effective registration demands confirmation within 5 days of receipt of the activation link that is sent to the registered email address. Otherwise the account will be deleted again.
(4) The usage of the services is free of charge in its basic function. The User can purchase against a fee various add-value features („Premium Services“). Before the final purchase, the relevant prices and the scope of the add-value features are shown to the User clearly and in detail in the mobile app. TUX reserves the right to change the prices at unspecified times.
(5) Within the scope of the booking of Premium Services for a certain running time, the User agrees to a subscription for a certain time that is automatically extended.
(6) TUX expressively points out that only one User account may be created for each User. Existing User accounts must be deleted before a new User account can be registered.
IV. Revocation Right
If the User resides in a country within the European Union, the following revocation right for consumers applies to the purchase as well as the usage of paid Premium Services:
You have the right to revoke the contract without stating any reasons within fourteen days. The revocation right is fourteen days from the day of conclusion of contract.
In order to exercise your revocation right you have to inform TUX (The Urban Xperience UG (haftungsbeschränkt), Alte Brauerei, Sonnenberger Strasse 82, 65193 Wiesbaden, Germany, email: support@urbanXapp.com) with a clear statement (e.g. a letter sent by mail facsimile or email) about your decision to revoke the contract. You can use the attached sample revocation form for this, but it is not mandatory.
To adhere to the revocation deadline it is sufficient that you send the message about the execution of the revocation right before the expiry of the revocation deadline.
Consequences of the Revocation
If you revoke this contract we have to immediately, and no later than within fourteen days from the day that the message about your revocation was received by us, reimburse you for all payments that we received from you, including delivery costs (with the exception of additional costs that were incurred due to your selection of a delivery method that deviates from the cost-saving standard delivery we offer). For this reimbursement we use the same payment method that you used for the original transaction, unless a different method has been explicitly agreed with you; under no circumstances will you be charged any fees for the reimbursement.
If you requested that the services were to commence during the revocation period, you have to pay us a reasonable amount that corresponds proportional to services already rendered up until the time when you informed us about the execution of the revocation right as compared to the total scope of the services provided in the contract. (- End of the Revocation Instruction -)
Sample Revocation Form
If you wish to revoke the contract, please complete this form and send it back to us.
To: The Urban Xperience UG (haftungsbeschränkt), Alte Brauerei, Sonnenberger Strasse 82, 65193 Wiesbaden, Germany, email: support@urbanXapp.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following merchandise (*) / the following services (*)
Order placed on (*) / received on (*): ____________________________
Name of customer(s): _____________________________
Address of customer(s): ___________________________
Signature of customer(s), Place, Date
(only for paper version)
(*) Delete as inapplicable.
(- End of sample revocation form -)
V. Data Protection
The UrbanX Data Protection Declaration is available under the link http://urbanxapp.com/app/privacy.html
VI. Termination of Membership
(1) The User is entitled to terminate the membership with UrbanX anytime without adhering to any termination notice. To deactivate his/her account, the User finds a relevant deactivation function in is/her account settings of the mobile app. A complete deletion of the account requires a written termination notice by mail to: The Urban Xperience UG (limited liability), Alte Brauerei, Sonnenberger Strasse 82, 65193 Wiesbaden, Germany or by email to: support@urbanXapp.com
(2) The membership can be terminated by TUX immediately without adhering to any termination notice if the User violates the General Business Terms at hand.
(3) In the cases stated under Sect. 1 and 2 there will be no reimbursement of payments already made for Premium Services.
(4) TUX is permitted to cease the service anytime and after a time-wise reasonable prior notice.
(5) Furthermore, TUX reserves the right to reject the registration of Users without statement of any reasons.
(6) After the end of the membership all data of the User is immediately deleted from the UrbanX database, as long as it is not needed as evidence of an illegal action by the User beyond the end of the contract, or as long as there is no legal obligation to store the data.
VII. Obligations of the User, Indemnity
(1) The User bears sole responsibility for the contents of his/her registration and thus for the data he/she provides. He/She is in particular obliged not to store, to publish, to share and to distribute any racist, insulting, discriminating, tormenting, defamatory, sexual, pornographic, violence-glorifying or otherwise unlawful contents, persons or illustrations. The User is further expressively informed that it is prohibited to use legally protected terminology, names, images, videos or other legally protected materials.
(2) The User in particular pledges not to upload the following photos/pictures/videos via the service:
• those showing nudity or suggest or show sexual and/or pornographic acts
• those that are protected by copyright or were stolen (e.g. pictures from the Internet)
• those that depict violence, drugs or weapons
• those that show the consumption of alcohol, cigarettes, Shisha, etc. by persons under the age of 18 years
• those that contain contact details of other persons, respectively that enable conclusions as to the personal data of other persons
• those that show masked, severely disguised or distorted faces
• those that show prohibited symbols, flags resp. other prohibited signs or offensive gestures of any kind (exception: recognized national flags)
• those that contain protected trademarks
• those that refer to foreign, commercial websites or other commercial contents (comp. IX.).
(3) Furthermore, the User pledges not to misuse the service, in particular:
• not to use it in order to threaten or harass other persons / Users or to violate the rights of third persons
• not to upload data that contains a virus (infected software)
• generally not to upload any software or other material that is subject to copyrights, unless the User has the rights or has the necessary permissions. TUX may demand written proof of this.
• not to use it in a style and way that has a negative impact on the availability of service offers for other Users.
• not to intercept emails and not to attempt to do so.
• not to do advertising for other Internet portals.
(4) Every User has the possibility to report contents and user that are or behave unlawful or are prohibited in accordance with these Business Terms. This can among others be done via the the button “report as spam”. After verification TUX will remove such contents from UrbanX.
(5) Additionally, TUX carries out regular checks that serve the purpose of avoiding the distribution of such contents in the first place.
(6) Furthermore, the User is obliged to take suitable measures in order to prevent any unauthorized usage of his data by third persons, in particular passwords.
He/She pledges to inform TUX immediately about detected or assumed unauthorized usage of his/her account.
(7) The User guarantees not to make available any photos/pictures or other works without being authorized in accordance with the applicable legal, in particular copyright, regulations.
(8) Furthermore the User guarantees that the state information is the truth and describe his/her person. The contract partners are in agreement that it is a justified interest of TUX to verify the correctness of statements made by the User if necessary.
(9) The User pledges to hold TUX harmless from any kind of claims, damage, loss or demands that could be incurred as a result of his/her registration with and/or participation in this service, as long as these damages are not due to the negligence of TUX, resp. their legal representative of subcontractor.
In particular, the User pledges to hold TUX harmless of any liability and of all obligations, expenses and claims that result from damages due the User’s liabilities for slander, insults, violation of personal rights, disruption of services to Users, infringement of immaterial property rights or other rights.
(10) The User promises not to state data of third persons (incl. email address) as his/her own. In particular, he/she promises not to state the bank connections or credit card details of third persons without their consent.
(11) The User further promises to adhere to the relevant applicable laws when registering and using an offer in the mobile app.
(12) The User also promises to treat emails and possible other incoming messages as confidential and to not make them available to or share them with third persons without the consent of the author. The same generally applies for personal profile data of third persons, in particular names, telephone numbers, addresses, email addresses, location data and URLs.
(13) The User further promises not to distribute any contents outside the functions of the mobile app UrbanX that were uploaded or created by third persons.
VIII. Violation against User Obligations
(1) TUX has the right to remove contents or illustrations after careful verification or if they are in violation of the General Business Terms of UrbanX, or if they are illegal, e. g. if they violate laws and legal regulations, in particular the protection of youth, data protection, protection of personal rights, protection from insult, copyright or trademark rights. In this case there is no right for restoration of the information deleted by TUX.
(2) Furthermore, TUX is authorized to caution and temporarily or permanently exclude the User from the mobile app UrbanX for his/her non-adherence to the General Usage Terms, see also under V. (2). Depending on the severity resp. the style and method of the violation an offence may also entail consequences according to civil and criminal law for the User himself/herself.
(3) In the case of a final exclusion from UrbanX in accordance with VII. (2) all Premium Services, free or purchased against a fee, will expire without replacement. No reimbursement will be granted, comp. V. (3). In case of a temporary exclusion the usage rights of the Premium Services are not extended by the exclusion period. These services also expire without replacement.
(4) TUX explicitly reserves the right to claim for further compensation, in particular compensation of damages.
IX. Granting of Rights
(1) TUX grant their registered Users the usage of the offered product and service portfolio under consideration of the legal regulations and the General Business Terms at hand in order to upload, to store, to publish, to distribute, to transmit and to share contents with other Users.
(2) The User grants TUX in all of the contents generate, transmitted, stored and published by him/her a free, non-exclusive and location-wise unrestricted usage right. According to this, TUX is entitled to the unrestricted usage of all contents, including the processing, copying, modification, translation, creation and taking over of these contents from and in derived works, as far as it serves the purpose of providing the services and additional features agreed in the General Business Terms of UrbanX. TUX explicitly points out that they have no ownership, resp. property rights or property-like rights in the contents made available by the Users and thus there is no function to monitor the contents by TUX.
(3) TUX explicitly points out to the User that contents may be stored and passed to third persons as far as this is legally prescribed or necessary under the aspects of due diligence and if it is legally permissible.
(4) TUX further explicitly points out that User data and contents can be removed at any time without stating any reasons and without notice to the User concerned. This applies in particular to older chat histories and messages that are removed from the databank at irregular intervals and thus can no longer be accessed by the User.
(5) TUX is authorized but not obliged to check the content of each text as well as uploaded photos resp. graphic files for compliance with the regulations stipulated in the General Usage Terms of UrbanX and, if necessary, to modify or remove resp. delete these.
X. Terms for the Commercial or Business Use, Prohibition of Spamming
(1) The User pledges to use the mobile app UrbanX for commercial or business purposes only within the scope of the explicitly authorized functions. (2) Commercial or business usage in this sense is in particular:
• offering merchandise or services against payment, demanding the submission of a relevant offer or referring to an offer made available elsewhere (e. g. by referring to special Internet auctions)
• promoting commercial Internet pages or mobile apps i. e. in particular pages that offer merchandise or services against payment, that serve the illustration or marketing of companies or promote other commercial Internet portals. This applies in particular for the promotion of companies in the form of pop-ups, banner marketing or by particularly emphasizes or eye-catching links. An Internet page is considered commercial also in particular if it provides a direct or indirect link to the commercial Internet portal of another operator and if this is the main purpose of this Internet page
• naming resp. stating of VAS number or VAS SMS numbers (Premium SMS) within the scope of this Internet portal
• taking up contact for the purpose of subsequent profiteering, in particular by subsequent reference to VAS numbers or VAS SMS numbers
• searching possible staff members, models for agencies or payable service providers
• collection of the profile data made available within the scope of the Internet portal or finding out of data (e. g. telephone / mobile numbers) of individual Users with the background of commercial usage, marketing or the further sale to third parties.
(3) The User pledges to refrain from promoting in any form to other Users of the services offered here or other Users any commercial offers and from sending messages (private messages or emails) that serve a commercial purpose.
(4) Exempt from this is the mere stating of information concerning a sports related trade in the profile as far as this is explicitly requested in the relevant data entry fields in the profile.
(1) A User who through his/her participation follows or uses commercial or business purposes in the sense of paragraph X. of the General Business Terms without the approval of TUX is obliged to pay to TUX a lump sum compensation for the amount of € 2,500 (in words: two thousand five hundred Euros). The User will in this case be permitted to prove that no damage/loss was caused or that the damage/loss is significantly lower than the lump sum. TUX reserves the right to prove that they incurred a higher damage/loss.
(2) Further legal damage claims remain unaffected by this.
XII. Liability by The Urban Xperience UG (limited liability)
(1) The liability of TUX is limited to intent and gross negligence as far as nothing else is stipulated hereafter. This limited liability also applies in favour of the legal representatives and subcontractors of TUX as far as claims are raised against these.
(2) Exempt from the limited liability are damage claims due to injury to life, the body, the health and damage claims from violation of essential contractual obligations. Essential contractual obligations are those whose fulfilment only makes possible the proper execution of the contract and are necessary for the achievement of the goal of the contract as well as contractual obligations the adherence to which the contract partner regularly relies upon and is entitled to rely upon.
(3) TUX is not liable for impairment or disruption of the offered services (e. g. by force majeur or technical faults of the Internet).
(4) TUX accepts no liability for the contents of third parties a well as external links.
XIII. Amendments of the General Business Terms
(1) TUX reserves the right to amend the General Business Terms as far as the fundamental regulations of the contract relationship is not affected by it and it was necessary for the adjustment to developments that were unforeseeable at the time of the contract conclusion and the non-consideration of which would significantly interfere with the balance of the contractual relationship.
According to this measure, amendments are in particular possible as far as these are due to a change of the legal situation, the technical functionality or the expansion of free functions of the offer are necessary and the User is not at a disadvantage in good faith.
(2) The User declares his/her acceptance to use the amended General Business Terms, amended in accordance with Sect. (1) for contracts already concluded prior to the amendments, if TUX points out to the User that an amendment of the General Business Terms has taken place and if the User does not reject the amendment within a deadline of 6 weeks, commencing from the day on which the message of the amendment was issued.
(3) The message of the amendment must once again contain the notice about the option and deadline of rejection as well as the significance respectively the consequences of refraining to reject. It can be sent by email to the email address provided by the User.
XIV. Final Provisions
(1) Inadmissible as far Users are concerned.Contractual changes, supplements and additional agreements require the written form to be valid. The requirement for written form also applies to the waiver of the requirement for written form.
(2) The contractual agreements of the contract partners are subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on International Sale of Goods (CISG).
(3) Should individual regulations in this contract be invalid or unenforceable, or become invalid or unenforceable after conclusion of the contract, the validity of the contract remains otherwise unaffected. The invalid or unenforceable regulation shall be replaced by a valid and enforceable regulation the effect of which shall most closely resemble the economic goal that the contract partners intended with the invalid resp. unenforceable regulation. The aforementioned Regulations apply accordingly in case that the contract proves to incomplete.
Contract language is German. Contract currency is the EURO.
If both parties are traders according to the German Commercial Code (HGB), legal persons of the public law or public fund, the place of performance and exclusive jurisdiction for all disputes on the contract basis is the residence of TUX.
The Urban Xperience UG (haftungsbeschränkt)
[Status: August 2016]
UrbanX is a product of
The Urban Xperience UG (haftungsbeschränkt)
Represented by the Managing Director Mahesh Iyer
Sonnenberger Strasse 82
© The Urban Xperience UG (haftungsbeschränkt) 2016