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General Terms and Conditions

Last change August 7. 2018
The following General Terms and Conditions (GTC) govern the entire use of the Klickerr platform and its subsidiaries. Please also note our Privacy Policy.

Table of contents

1 Definitions
2 Preamble and range of services by Klickerr
3 Scope, Subject Matter of The Contract, Conclusion of Contract and Fees
4 Klickerr account, registration and useage by users

4.1 General information about the Klickerr account
4.2 Register a consumer account for natural persons without entrepreneurial status
4.3 Register an entrepreneur account for entrepreneurs
4.4 Restrictions regarding the Klickerr account
4.5 Rejection, blocking and deletion of Klickerr accounts and content on it
4.6 Uploading and making available data from the group of "extended user data":
4.7 Duty to provide truthful and complete information and to update
4.8 Inquiry of user activities by the user
4.9 Right to access and edit by Klickerr
4.10 Obligation to backup the data by the user
4.11 Modification and deletion of data of the group "Core User Data", "Private User Data" and "Extended User Data" as well as termination of contract by the user
4.12 Visibility and searchability of user data

5 Additional special provisions for the use of the application by service providers (service provider profile)

5.1 Differences between "consumer account" and "entrepreneur account" of variant A and B
5.2 General information about the service provider profile
5.3 Deletion of OLS by Klickerr
5.4 Creating and deleting a service provider profile for users with a consumer account
5.5 Creating a service provider profile for users with an entrepreneur account of variant A
5.6 Subsequent editing of the service provider profile for users with entrepreneurial status
5.7 Consent to being contacted, use and storage of OLS content
5.8 Upload and use of terms and conditions by users with entrepreneurial status

6 Mandatory use of the Klickerr account and the services/applications embedded

6.1 Prohibition of technical interference
6.2 Obligation to comply with legal and ethical requirements
6.3 Use of the recommendation function
6.4 Rating function and report abuse
6.5 Consequences of improper use of the application

7 Special regulations regarding putting OLS online by the service provider

7.1 General information on the putting live OLS by service providers
7.2 Responsibilities and guidelines for OLS content
7.3 Modification of OLS content
7.4 Use of online OLS for marketing purposes
7.5 Prevention of third party offers disguised as own OLS via link or frame
7.6 Duration of listing of OLS and retention obligation of Klickerr
7.7 Registration of OLS by search engines

8 Service contract, conclusion of contract

8.1 Parties to the contract and content of the service contract
8.2 Conclusion of a service contract
8.3 Limited validity of "Quotation requests" and "Service provider requests”
8.4 Conducting the OLS in the Klickerr Chat - Sending the activation link
8.5 Klickerr's procedure for overlapping OLS
8.6 Cancellation and finalization of service contracts and OLS
8.7 Fulfilment of the pre-contractual information obligations by users with entrepreneurial status towards users without entrepreneurial status when concluding a service contract

9 Technical requirements for using the application, live video chat and availability, malfunctions, interruptions and failures

9.1 General technical requirements
9.2 Special technical requirements when using a device from Apple Inc.
9.3 Conducting the OLS via the Live Video Chat - provisions for implementation
9.4 Activation link and use of the Live Video Chat
9.5 Availability, faults, interruptions and failures of the application or the services/applications integrated therein, data loss, incorrect information, functionality

10 Links to other websites and downloads
11 Trademark rights, copyrights and other proprietary rights

11.1 Recognition of the rights to the application and its contents
11.2 No modification/removal of rights reserved
11.3 Exclusive responsibility of the user for user content and notification obligation
11.4 Information about the identity of the user in case of illegal contents

12 Granting of rights

12.1 Granting of rights by the user
12.2 Guarantee of ownership of rights
12.3 No exploitation of the application or its parts and contents
12.4 Granting of rights by Klickerr

13 Warranty, Compensation and Liability

13.1 General information on Klickerr's warranty, compensation and liability
13.2 Functionality and suitability of the application
13.3 Content on the application and infringement rights of third parties
13.4 Contact initiation and establishment of a contact
13.5 Exclusion of liability for OLS
13.6 Payment processing
13.7 Risk-bearing when using the application, computer viruses and data misuse
13.8 Malfunctions, interruptions and failures
13.9 Use of the application and its services/applications with an external device
13.10 Unauthorized or improper use of login data
13.11 Payouts and refunds
13.12 Links and downloads
13.13 No application of California Civil Code Section No. 1542

14 Indicated prices, roundings, invoicing and taxes

14.1 OLS prices
14.2 Foreign currencys/conversion by Kickerr
14.3 Rounding
14.4 Payment information, booking information, payment confirmation
14.5 Taxes

15 Fees; payment, payout, withdrawals and refunds; cancellation

15.1 Klickerr fee, OLS fee and fixed costs
15.2 Payment, payout, withdrawals and refunds
15.3 Postponement and cancellation of OLS, non-appearance of users, interruptions and cancellations of live video chat by users

16 Prohibition of circumvention, exclusivity

16.1 Prohibition of circumvention
16.2 Exclusivity

17 Rating and reporting of OLS on the application

17.1 Rating of an OLS
17.2 Complaint and abuse report of an OLS

18 Communication between Klickerr and users
19 Applicable law, place of jurisdiction, place of fulfilment and language
20 Modifications at Klickerr (terms and conditions, application, etc.)

20.1 Modification of the General Terms and Conditions by Klickerr
Control over the application, its services and applications

21 Termination of the contractual relationship

21.1 General information on termination of the contractual relationship
21.2 Termination by the user
21.3 Termination by Klickerr
21.4 Procedure for booked but not yet executed OLS in case of cancellation or blocking by Klickerr
21.5 Consequences of termination of the contract
21.6 Right of withdrawal of the customer against Klickerr

22 Out-of-court settlement of disputes
23 Miscellaneous

23.1 Applicability of Klickerr's privacy policy
23.2 Feedback and suggestions
23.3 Change the name of the application
23.4 Contract transfer
23.5 Execution of obligations and exercise of Klickerrs rights
23.6 Enforcement of GTC provisions by Klickerr and lack of enforceability of GTC provisions
23.7 Compliance with the law, cooperation in official inquiries and cooperation with law enforcement authorities
23.8 Use in places outside Austria

24 Contact to Klickerr

1. Definitions:

The following sub-items explain the most important and most frequently used terms in these General Terms and Conditions (hereafter GTC); Other relevant definitions of these GTC are described in the respective context on the spot.

1.1 "Klickerr":

A.P. Klickerr Ges.m.b.H., Alserstraße 13/1/9, 1080 Vienna, FN 447805 m, office@klickerr.com, as the owner and operator of the "application".

1.2 "Application":

The platform for the distribution of online live services operated on the website www.klickerr.com and its subsidiaries (see point 1.4).

1.3 "User":

"User" means all users of the application. The term "user" includes both (i) fully legal natural persons who are of legal age, without entrepreneurial status, and (ii) entrepreneurs. Entrepreneur is a natural or legal person or partnership with legal capacity who, in the course of entering into a legal transaction, acts in the course of his commercial or independent professional activities. All user-relevant provisions of these terms and conditions apply to all users. If the user is also a service consumer (see point 1.6), the service-relevant provisions of these terms and conditions also apply to this user. If the user is also a service provider (point 1.5), the service provider-relevant provisions of these terms and conditions also apply to this user. The specifically entrepreneur-relevant provisions of these terms and conditions apply only to users who are entrepreneurs.

1.4 “Online Live Service” (short “OLS”):

Paid services of any kind offered by users on the application and provided via the included live video chat (see point 1.7). This also includes "special offers" created individually by a service provider for a service consumer (see point 8.2.2.2)

1.5 “Service provider”:

User of the application, who have put OLS online on the application, in order to make them available to other users for a fee. Service providers can be both non-entrepreneurial and entrepreneurial users.

1.6 “Service consumer”:

Users of the application who have a concrete interest in an OLS provided by the service provider (e.g. by requesting an offer (see point 1.9)). Service consumer is also who has the establishment of contact with a service provider as a goal, in order to inquire his/her OLS. A service consumer can also be a service provider.

1.7 “Live video chat”:

A video chat provided by the external company Temasys Communications Pte Ltd, 80 Amoy St # 02-02, 069899 Singapore to conduct an OLS, which Klickerr has integrated into the application (see point 9.3).

1.8 “Klickerr-Chat”:

A text-based communication tool (available under the menu item "Inbox") for contacting and negotiating a specific OLS between a service consumer and service provider, via which all "request for quotations" (see point 1.9) are completed, as well as the conclusion of the "service contract" (see point 1.10). For each OLS, which is requested by a service consumer, there is a separate Klickerr chat, even if several OLSs are requested from the same service provider.

1.9 “Request for quotation”:

A non-binding user request for a specific OLS sent on the application. A new "Klickerr Chat" between the service consumer and the service provider of the requested OLS is automatically started with the completed request for quotation, unless this service provider has already been contacted beforehand by the service consumer and a Klickerr chat is therefore already active. See in detail point 8.2.2.1.

1.10 “Service contract”:

A contract agreed upon between the users on the application about an OLS. The service contract is legally valid if the service consumer has paid the OLS within 24 (twenty-four) hours from the acceptance of the request for quotation by the service provider.

1.11 “Klickerr services”:

All services that Klickerr offers or provides as part of the creation and maintenance of the application.

1.12 “Content”:

Denotes all contents shown, including but not limited to, logos, pictograms, trademarks, texts, graphic texts, graphics, photographs, pictures, moving pictures, sounds, illustrations, music, images, videos, software (except the application), opinions, interactions with other users, comments, feedback, suggestions for improvement, services, recommendations, reviews, templates, links, questions, suggestions, information or other materials.

1.13 “User content”:

All content published, distributed, or otherwise transmitted by a user on the application, his/her Klickerr account, or via the Klickerr chat or live video chat, and has not been modified by Klickerr. This includes in particular all communication, graphics, texts, photos, messages, comments, reviews, videos and links.

1.14 “Klickerr content”:

Identifies content that is owned or used by Klickerr, its subsidiaries or licensors, and made available through the application, including any content licensed by third parties.

1.15 “Community content”:

Includes user and Klickerr content.

1.16 “Klickerr-Account”:

With successful registration on the application Klickerr provides the user with an account (in short "Klickerr-Account"). Two different Klickerr accounts are distinguished: Accounts without entrepreneur property (in short "consumer account") and accounts with entrepreneur property (in short "entrepreneur account"). Within this account the user can create his/her own profile. The Klickerr account serves to present oneself and to be in contact with each other as well as to be able to offer and book OLS.

1.17 “Core User Data”:

The term "core user data" covers the area of data that a user must enter when registering (see points 4.2.1 and 4.3.2 in detail) and which is displayed in the public profile of the user on the application.

1.18 “Additional Entrepreneurial Data”:

The "additional entrepreneurial data" encompasses all country-specific legal information requirements which an entrepreneur must provide, in addition to the core user data which were provided during registration. The "additional entrepreneurial data" are among the "extended user data" (see point 1.19). This includes, for example in the case of branches, information of the principal place of business, the commercial register number and the commercial court, the purpose of the enterprise, the relevent supervisory authority, if the activity is subject to official supervision, etc. (see point 4.6.3).

1.19 “Extended User Data”:

The "extended user data " includes for both user groups (users with and without entrepreneurial status; see point 1.3) data which can or should be provided by the user after successful registration: the "profile photo" uploaded on the public profile, a "title picture", all information which the user provides in the free text field "About me" or the company description, links to social media profiles or a user's homepage as well as the language skills provided by the user (see point 4.6). For entrepreneurs, "additional entrepreneur data" (see point 1.18), which can be entered in the free text field "additional entrepreneur data", as well as uploaded general terms and conditions for entrepreneurs (see point 5.8) are also included in the " extended user data".

1.20 “Private User Data”:

The "private user data" mainly includes data which the user has to disclose or must make available for the use of certain functionalities of the Klickerr application so that a payout of funds to the user (e.g. the total service provider price minus the Klickerr fees) is possible. Private user data are not publicly available and are not visible to other users. These include, for example, the gender and e-mail address of a non-entrepreneur, payout-specific data (see point 1.26), prevention information (see point 1.27), information of the responsible person for an enterprise, information on direct beneficial owners of an enterprise or country-specific payout information.

1.21 “Personal User Data”:

The group of "personal user data" comprises the group of "core user data" (see point 1.17) and the group of "extended user data" (see point 1.19) including the "additional entrepreneurial data" (see point 1.18) for entrepreneurs.

1.22 “Service Category”:

This refers to the categories of services provided by Klickerr on the application, in which service providers can offer their OLS. These include mathematics, languages, art and design etc.

1.23 “Total price”:

"Total Price" means the gross price in the local currency of the service provider, including VAT applicable to the provision of OLS (if applicable to the service provider), any other taxes, duties and charges, and the Klickerr fee according to point 15.1.

1.24 “Total Service Provider Price”:

The price of the OLS relevant to the service provider, which is displayed on the application for each individual OLS offered by him/her, and is derived from the total price plus any rounding according to point 14.3.1.

1.25 “Total service consumer price”:

The price relevant for the service consumer, which is deemed agreed for the OLS and results from the total price converted into the national currency of the service consumer using the reference exchange rate (see point 14.2.3.2), including any rounding pursuant according to point 14.3.1.

1.26 “Payout-specific data ”:

Data that a non-entrepreneurial user with a service provider profile must provide to Klickerr so that the total service provider price for completed OLS (less the Klickerr fee) or other amounts due to the service provider can be paid out. These are: the exact residential address (city/town, street, house number, postcode), date of birth and country-specific payout information (e.g. IBAN). The payout-specific data belongs to the group of "private user data".

1.27 “Prevention information”:

Information about the service provider which the external payment service provider Stripe may request during processing and before making payments in accordance with point 15.2.4.1 and which must be provided by the service provider in order to comply with money transfer security guidelines and to ensure the prevention of crime financing and the like. This includes, for example, requesting a digital copy of a valid passport or country-specific identification numbers. The prevention information belongs to the group of "private user data".

2. Preamble and range of services by Klickerr:

2.1

The A.P. klickerr Ges.m.b.H. (hereinafter referred to as "Klickerr") is the owner and operator of an online platform for high-quality services (hereinafter referred to as the "Application") operated on the website www.klickerr.com and its subsidiaries. The application enables users to announce, arrange/book OLS and provides third party communications ("live video chat") for the digital use and execution of closed contracts ("service contracts").

2.2

The intention of Klickerr is to help users to create an OLS, to facilitate mutual contact via the Klickerr-chat (see point 1.8) and to achieve a consensus of wills, which leads to the execution of a service contract (see point 1.10). The corresponding OLS is carried out within the live video chat (see point 1.7) and the payment and payout of the OLS is handled by an external payment provider. Conumsers/customers/clients ("Service consumers" see point 1.6) can, in particular, view online OLS, compare service providers, submit requests for quotation and evaluate service providers. Service providers (see point 1.5) can use a public profile to present themselves to service consumers, put online OLS, manage OLS and negotiate conditions for OLS.

2.3

The application allows the matching of service providers and service consumers, but does not actively act as an intermediary between the users. Klickerr creates and maintains the application and is a pure provider of digital communication paths (Access Service Provider), but does not offer OLS itself and does not perform OLS. Klickerr is not involved in a service contract and therefore never a contractual partner of an OLS. Also, Klickerr does not actively moderate/mediate between users, nor is Klickerr encouraged to do so.

3. Scope, Subject Matter of The Contract, Conclusion of Contract and Fees:

3.1

Subject of this contract is the access or use of the application for the purposes described in point 2. The general terms and conditions (hereinafter referred to as "GTC") apply to the entire business relationship between Klickerr and the users and govern the reciprocal rights and obligations of Klickerr to the users.

3.2

A contractual relationship between the user and Klickerr comes exclusively through the provision and use of the application. Non-contractual objects are the services/applications of third parties (e.g. provider of live video chat; payment provider) integrated into the application, with which a separate contractual relationship exists.

3.3

The contract with Klickerr regarding the use of the application comes about by the completion of the online registration process and the activation of the registration link in the confirmation mail sent by Klickerr (see point 4.2 or 4.3) (hereinafter "registration").

3.4

The reciprocal rights and obligations between Klickerr and a user are determined exclusively by the content of these General Terms and Conditions, unless clearly agreed otherwise in writing by both contractual partners. Deviating, conflicting or supplementary General Terms and Conditions of users shall not become an integral part of the contract with Klickerr, even if known. With regard to the use of General Terms and Conditions by users with entrepreneurial status, point 5.8 is relevant.

3.5

Klickerr reserves the right to change, amend or re-create these terms and conditions at any time and without giving reasons. See point 20 for more detail.

3.6

Klickerr also reserves the right to temporarily or permanently adapt, restrict or deactivate individual functions of the application at any time and without prior notice.

3.7

The user is responsible for all data tariffs of his/her provider as well as all other fees and taxes associated with the use of the application and the services/applications integrated therein. The use of the application itself is free of charge for users. If a service contract has been concluded in accordance with these General Terms and Conditions, the Klickerr fee is due in accordance with point 15.1.1.1.

4. Klickerr account, registration and useage by users:

4.1 General information about the Klickerr account:
4.1.1

Klickerr allows you to register on the application, to connect with other users and to offer and book OLS. There is no entitlement to use the application and the services/applications included therein.

4.1.2

People (referred to in Klickerr's privacy policy as "data subject") can browse and view OLS in the respective service categories specified by Klickerr without registration. Upon completion of registration, the user is provided with a Klickerr account on which the user can create his/her own public profile ("public profile") and use the Klickerr chat. Contacting another user, making requests for quotations (see point 8.2.2.1) or requests from service providers (see point 8.2.2.2), concluding service contracts (see point 8), and rating an OLS (see point 17.1) are only possible after registration has been completed.

4.1.3

Excluded Users: Use of the application and its services/applications is prohibited to users who live in a restricted country or who are currently listed on any US or non-US block list. In addition, the user may not use IP proxying or other methods to disguise his/her place of residence.

4.1.4

The registration is made for an indefinite period via an online registration form at www.klickerr.com. There are two different Klickerr accounts ("consumer account" (see point 4.2) and "entrepreneur account" (see point 4.3)).

4.1.5

The user is obliged to truthfully state whether this is an account without entrepreneurial status ("consumer account"; see point 4.2) or an entrepreneur account; (see point 4.3).

4.2 Register a consumer account for natural persons without entrepreneurial status:
4.2.1

The "consumer account" is for natural persons who are fully competent to do business (especially also of full age), what they confirm by the registration, and they have no entrepreneurial status (see point 4.3.1). For registration, the first name, last name and country of residence (this data belongs to the group of "core user data") and the gender and a valid e-mail address of the user are required (gender and e-mail address of a user without entrepreneurial status belong to the group of "private user data").

4.2.2

In addition to providing the data according to point 4.2.1, for the registration also the indication of a desired personal password - which can be selected by the user without entrepreneural status - is necessary. Other data (eg profile picture, language skills, personal description, links to personal social media profiles or a homepage of the natural person without entrepreneurial status, etc) can subsequently be provided voluntarily (these other data belong to the group of "extended user data", see point 4.6).

4.2.3

After confirming the registration by clicking on the registration link sent by Klickerr by e-mail, the registration is complete. Upon successful registration, Klickerr will provide the user without an entrepreneurial status with a consumer account. Thus, the user without entrepreneurial status is entitled to use the area of the application accessible with his/her e-mail address and password on the basis of Klickerr's General Terms and Conditions and Privacy Policy.

4.3 Register an entrepreneur account for entrepreneurs:
4.3.1

Users with entrepreneurial status are required to create an entrepreneur account. Only entrepreneurs with a valid VAT identification number ("UID number") can perform such a registration; Entrepreneurs without UID numbers are excluded from using the application.

Entrepreneur is a natural or legal person or a legal partnership, who acts in the course of a legal transaction in the exercise of their commercial or self-employed professional activities. Entrepreneurs can choose between two different variants or account types when registering:

  • Variant A: Registration as a customer (here the entrepreneur can not create or offer OLS on the application, see point 5.1.3);
  • Variant B: Registration as a provider (here the entrepreneur can create or offer OLS on the application, see point 5.1.2).

For variant A ("customer registration"), users with entrepreneurial status must provide the following data during registration:
a.) Details of the company:

  • Company name;
  • Legal form;
  • Place of business (country where the head office is located);
  • Exact geographical address of the registered place of business;
  • Indicate whether it is a sole proprietorship;
  • Sales tax identification number;
  • Business phone number.

b.) Details of the responsible person at the company (in the following "contact person" ): first and last name, gender, date of birth and exact contact address consisting of country, postal code, city and address and e-mail address.
c.) Information on all direct beneficial owners. This is the case when the following economic thresholds are reached: In the case of a shareholding of more than 25% or a holding a stake of more than 25%, or with corresponding (sufficient) voting rights, or with control over the management. All three variants exist on an equally important level. The information is: first and last name, date of birth and exact contact address consisting of country, postcode, city and address and e-mail address. The user must indicate at least one beneficial owner.

In the case of a sole proprietorship, the beneficial owner shall be the owner of the business.

For variant B ("provider registration"), users with entrepreneurial status must enter the following data in addition to the data for variant A when registering:
d.) Specification of the contract language, which can only be German or English.
e.) Country-specific bank information: eg IBAN code.

4.3.2

Data according to points 4.3.1 (a) and (d) belong to the group of "core user data". Data according to points 4.3.1 lit b), lit c) and lit e) belong to the group of "private user data". In addition to the specification of the data within the meaning of point 4.3.1 (lit. a to lit. e), the entry of a desired personal password - which can be selected by the user him/herself - is also necessary for the registration. Other data (such as the profile picture, language skills, a company description, "additional entrepreneurial data" [see point 4.6.3]) as well as links to social media profiles or a company homepage (see point 4.6.4) can/should be provided after successful registration (these belong to the group of "extended user data", see point 4.6).

4.3.3

The natural person who creates an entrepreneur account (e.g. the contact person within the meaning of point 4.3.1 lit b) assures Klickerr that he/she has been authorised or commissioned by the user with entrepreneurial status to carry out the respective action and to act legally for the company.

4.3.4

After confirming the registration by clicking on the registration link sent by Klickerr by email, Klickerr will carry out a "verification" (see point 4.3.5). Only after this verification is the registration completed. Upon successful registration, Klickerr will provide the user with entrepreneurial status with an entrepreneur account. Thus, the user with entrepreneurial status is entitled to use the scope of the application accessible with his/her email address and password on the basis of Klickerr's terms and conditions and privacy policy.

4.3.5 "Verification"

The user with entrepreneurial status entitles Klickerr to conduct any investigation that Klickerr deems necessary for the purpose of authentication or verification of identity or fraud prevention, either directly or through third parties (e.g. Stripe), which also includes requesting and obtaining relevant information from state authorities and agencies.

This includes the verification of the data specified in point 4.3.1 (a) and (c) and the comparison of the information provided, in particular concerning the name or company according to the commercial register, exact geographical address and VAT identification number, with third-party databases.

Only after positive verification is the entrepreneur account activated.

4.4 Restrictions regarding the Klickerr account:
4.4.1

Users are not permitted to create and own more than one active consumer account and entrepreneur account. The user must log in each time he/she uses the application with the user data (e-mail address and password) specified during the initial registration.

4.4.2

In addition, no accounts may be created for third parties or non-existent (natural or legal) persons.

4.4.3

The Klickerr account is user-bound and may not be transferred to a third party without the express written consent of Klickerr.

The user agrees to, that the e-mail address specified during registration will not be transferred to a third party.

4.4.4

The user is responsible for ensuring that the password belonging to the registered e-mail or his/her first and last name or corporate/company name is not made accessible to third parties. In the case of an entrepreneur account (see point 4.3), the authorization to use the application applies to the contact person specified by the company when registering. Furthermore, the user data may only be passed on to other employees of the entrepreneur.

The user takes full responsibility for all actions taken using his/her e-mail address in conjunction with his/her password.

In the event of the loss of the password or in the case of suspicion that a third party is aware of this or uses the user's Klickerr account, the user must notify Klickerr immediately and immediately change his/her password in order to prevent access by unauthorized persons.

4.5 Rejection, blocking and deletion of Klickerr accounts and content on it:
4.5.1

A claim for registration and use of the application does not exist. Klickerr reserves the right to refuse the registration of particular users without giving reasons. An entrepreneur account is activated in particular only after positive verification (see point 4.3.5).

4.5.2

Klickerr has the right at any time, especially in the following cases, to give the user extraordinary notice or to block the user for a specific or indefinite period (see point 21.3.3):

  • for violations of the obligations and requirements of points 6.1, and 6.2;
  • in the event of (presumed) false information (in particular first and last name or company details) during registration (for example, no Klickerr accounts may be created for third parties or non-existent persons;
  • in case of suspected or recognizable misuse of the application or harassment of third parties;
  • in case of suspected or apparent misuse of the cancellation function just before or during OLS in the Live Video Chat;
  • in case of a report of abuse (see point 17.2.2);
  • in the case of several negative ratings/reviews (see point 17.1) of the service provider, especially if he/she does not comply with the quality expectations and objectives of Klickerr;
  • in case of violations of relevant corporate interests;
  • for other serious violations of the General Terms and Conditions, like point 16.
4.5.3

In case of blocking or deletion according to point 4.5.2, Klickerr is not obligated to store or restore contents or data of the Klickerr account (in particular profile data).

4.6 Uploading and making available data from the group of "extended user data":
4.6.1 Data and contents of the "extended user data" group:
4.6.1.1

The group of "extended user data" includes (applies both to users with a consumer account and entrepreneurial status): the

  • "profile picture" and a "cover picture" (the current specifications for minimum size, maximum size, permitted file extensions, etc. can be found in the "Help" section of the application);
  • a free text field ("About me" or "Company description"), which the user can use to describe his/her person or the company as well as the skills, knowledge, training, professional or company experience and other knowledge;
  • links to social media profiles or a user's homepage (see point 4.6.4 in detail); and
  • a point "Languages", under which the user can specify in which language communication is possible (this has no connection with the "contractual language"; see Section 4.3.1 lit. d).

Entrepreneurs (users with an entrepreneur account) also include the "additional entrepreneur data" (see point 4.6.3), which can be entered in the free text field "additional entrepreneur data", as well as their uploaded corporate terms and conditions (see point 5.8) to the group of "extended user data".

4.6.2 Decision on the input of "extended user data":
4.6.2.1

The decision as to whether and which "extended user data" will be uploaded to their public Klickerr account, with the exception of the "additional entrepreneur data" for users with entrepreneurial status, is left to the user alone and is entirely optional and voluntary.

4.6.2.2

Users with entrepreneurial status are obliged by law to enter or indicate the "additional entrepreneurial data" of point 4.6.3 (this does not include any uploaded corporate general terms and conditions according to point 5.8) in order to fulfill the country-specific statutory information obligations applicable to them.

4.6.3 Additional company data to be provided by users with entrepreneurial status:
4.6.3.1

The "additional entrepreneurial data" encompasses all country-specific statutory information obligations which an entrepreneur must additionally provide in addition to the data of point 4.3.1 provided during registration in order to fulfill these legal obligations and must indicate them in the free text field "additional entrepreneurial data". Corresponding country-specific information obligations exist in particular if the entrepreneur registers as a provider (see point 5.1.2).

4.6.3.2 The additional entrepreneurial data regularly include:
  • Commercial register number and commercial register court (if available);
  • Object of the company;
  • Information if the company is in liquidation;
  • Type of liability for cooperatives;
  • The same information for branches as for the headquarters;
  • Company e-mail address;
  • Additional contact options: eg fax;
  • The competent supervisory authority, if the activity is subject to official supervision;
  • Membership of a business chamber organization, a professional association or similar organization to which the entrepreneur belongs;
  • The professional title and country in which it was awarded, as well as a reference and access to the applicable professional or trade regulations;
  • Voluntary codes of conduct or dispute settlement to which the entrepreneur submits;
  • Managing Director, members of the Management Board and Supervisory Board and shareholders whose contribution exceeds 25%.

It is up to the user with entrepreneurial status to inform himself about which statutory information requirements are needed - especially when registering as a provider (variant B) - and to ensure that these are provided in full. Klickerr does not take any obligation to verify the correctness and completeness of the information provided. Any penalties imposed for infringement of these duties of information or any damage caused thereby shall be borne by the user.

4.6.4 Links to social media profiles or a user's homepage:
4.6.4.1

The user has the possibility to link to already created and existing profiles on social media platforms of third parties (e.g. Facebook, Twitter, Instagram, Linkedin, etc.) or also to his/her own homepage by entering appropriate links in his/her Klickerr account. The input of such links is limited to social media platforms for which a corresponding input field is provided in the Klickerr account; the user can only enter a homepage. The links entered by the user are made visible on the public profile by means of corresponding social media or homepage buttons.

4.6.4.2

The user acknowledges that by entering links in accordance with point 4.6.4.1 and placing them online, the social media profile and/or homepage specified by him/her can be called up/viewed by users (as well as all natural persons visiting the application in general) by clicking on the corresponding social media or homepage button.

4.6.4.3

If the user links to his or her own homepage, the user undertakes to comply with the applicable data protection regulations and to ensure that existing information obligations are completely fulfilled.

4.7 Duty to provide truthful and complete information and to update:
4.7.1 General duty to provide truthful information:
4.7.1.1

The user (with or without entrepreneurial status) is obliged to provide only truthful and complete information and data for all information and data provided by him/her in connection with his/her Klickerr account, in particular during registration, when providing extended user data (see point 4.6.1), when providing additional company data (see point 4.6.3) and when providing payment-specific data (see point 15.2.5), and to update these immediately in the event of subsequent changes.

4.7.2 Special duty to truthfully indicate VAT identification numbers:
4.7.2.1

Users with an entrepreneur account hereby confirm and warrant that: (i) that the VAT identification number you have provided in accordance with point 4.3.1 (a) has been granted to the company you operate and that this company has its registered office in a member state of the European Union; (ii) that all OLS are completed in the course of the business and are actually handled by the company for which the VAT identification number has been issued, and stated to Klickerr; and (iii) that the VAT Identification Number and any other information is true, accurate and current, and that in the event that such information changes, such information will be immediately updated on the Klickerr account.

4.7.3

In particular, the user must ensure that his/her e-mail address is up to date (see points 4.11.1 and 18.3) and that the user can be contacted at the specified e-mail address.

4.8 Inquiry of user activities by the user:
4.8.1

Users have the possibility to inform about activities such as:

  • booked OLS (future, past and canceled, both as a service consumer and as a service provider);
  • created OLS (online and drafted);
  • requests for quotation (see point 8.2.2.1);
  • service provider enquiries (see point 8.2.2.2);
  • payment, cancellation and booking information (see point 14.4.1);
  • ratings received (only service providers, see point 17.1); to see in the Klickerr account in the sections "Bookings", "Offers" and "Inbox".
4.8.2

Klickerr reserves the right, at any time and without prior notice, to temporarily or permanently adapt, restrict or deactivate any of the functions mentioned in point 4.8.1.

4.9 Right to access and edit by Klickerr:
4.9.1

Klickerr is entitled to view all user-content and data entered by the user on their Klickerr account for technical product optimization purposes at any time.

4.9.2

Klickerr also has the right to edit the user-content and data entered in the Klickerr account, which are publicly accessible (not data of the group of "private user data"), for the purpose that the content and data can be displayed correctly and viewed and retrieved worldwide on any device (computer, laptop, tablet, mobile phone, etc).

4.10 Obligation to backup the data by the user:
4.10.1

The servers of Klickerr are regularly backed up carefully.

Regardless of this, the user is obliged to periodically back up all data (in whatever form) which he/she enters and uses in connection with the use of the application (e.g. data of the group "personal user data", "extended user data", descriptions of OLS, etc.) or which Klickerr sends (e.g. booking information) to the required extent or to make back-up copies.

4.11 Modification and deletion of data of the group "Core User Data", "Private User Data" and "Extended User Data" as well as termination of contract by the user:
4.11.1

The user cannot change or update data of the group "core user data" and "private user data" independently in his/her Klickerr account.

To change the data of the group "core user data" as well as "private user data", the user must contact Klickerr (the current contact information of Klickerr can be found on the application under the menu item "Imprint") and notify Klickerr of the desired changes. For users with entrepreneurial status, the provisions of point 5.6.1 (necessity of "re-verification") are also relevant and to be observed, unless only a change of the e-mail address provided during registration is requested (see point 18.3). For service providers with a consumer account, the provisions of point 15.2.5.4 (necessity of re-verification of "payment-specific data") may also apply.

4.11.2

The user is entitled to change and delete at any time the data from the group "extended user data" (including the group of "additional corporate data", including any uploaded GTC of users with entrepreneurial status [see point 5.8]).

4.11.3

Furthermore, the user is entitled to terminate the contractual relationship at any time without observing a period of notice and without giving reasons in accordance with the provisions of point 21.2.

4.12 Visibility and searchability of user data:
4.12.1

The group of "core user data" (see point 4.2.1 or 4.3.1) and the group of "extended user data" (see point 4.6) together form the group of "personal user data".

4.12.2

The group of personal user data can be viewed automatically by all natural persons or by means of search queries on the application, since these are displayed in the public profile of the user on the application. Klickerr provides natural persons and especially service consumers with free access to all data in the group of personal user data.

Third parties may access, use and save content that has been posted or uploaded by the user to his or her Klickerr account's "public profile", including the owner's details for a sole proprietor (group of personal user data).

4.12.3

In addition, it is essential that websites, and thus also the application and its content, are crawled by search engines, i.e. their content, so that Internet users can see the appropriate results when entering search terms.

The user gives his or her consent for content that has been posted or uploaded by the user to his or her Klickerr account's "public profile", including the owner's details of a sole proprietor (group of "personal user data"), to be recorded, indexed and made accessible by search engines via their website.

5. Additional special provisions for the use of the application by service providers (service provider profile)

5.1 Differences between "consumer account" and "entrepreneur account" of variant A and B:
5.1.1

Users with a "consumer account" (without entrepreneur status) can only put OLS on the application after performing a "provider registration" on their Klickerr account ("activated service provider profile", see point 5.4.1).

5.1.2

Users with entrepreneurial status, who have chosen variant B (provider registration) during registration (see point 4.3.1), already have an activated service provider profile with their successful registration, which entitles them to put OLS online to the application.

5.1.3

Users with entrepreneurial status who have chosen variant A (customer registration) during registration (see point 4.3.1) can not put OLS on the application. In order to be able to put OLS on the application, a registration of variant B (provider registration) is mandatory (see point 4.3.1). A subsequent extension of the entrepreneur account to include a service provider profile is not possible. See point 5.5 for details.

5.1.4

OLS can only be offered by means of the functions provided on the application and within the service categories specified by Klickerr.

5.2 General information about the service provider profile:
5.2.1

The application enables users to present and connect, as well as the placement of service providers and service consumers for OLS that are provided online through live video chat (see point 9.3). For this, Klickerr and third-party providers (of services/applications integrated on the application) provide users with the necessary infrastructure (see also point 2.3).

5.2.2

The application enables service providers to create OLS and offer them online on the application. With an "activated service provider profile" on his/her Klickerr account, the service provider has the option of putting one or several OLS online per service category. For putting online OLS in particular point 7 is pertinent and should be noted.

5.2.3

User negotiate the content of their OLS independently with each other. Klickerr only provides user with the necessary infrastructure, but is not itself an active intermediary between the users and does not act as a substitute or vicarious agent of a user. Klickerr does not become a party to a service contract concluded between the service consumer and the service provider (see also point 8.1.1).

5.3 Deletion of OLS by Klickerr:
5.3.1

In order to guarantee the quality of the application, Klickerr is entitled at any time without prior notification of the user and without giving reasons to change and delete OLS placed online, which also includes the right to cancel OLS until the start of the agreed time for the execution of the OLS. This right to modification and deletion is particularly (but not only) permissible in the cases described in point 4.5.2.

5.3.2

In case of a deletion according to point 5.3.1, Klickerr is not obliged to keep the contents of the OLS or the Klickerr account (in particular profile/account data).

5.4 Creating and deleting a service provider profile for users with a consumer account:
5.4.1

For the activation of non-entrepreneurial users as a service provider, a consumer account (see point 4.2.1) is necessary. In order to be able to create and offer OLS as a service provider, the user without entrepreneur status just has to perform a "provider registration" in his consumer account. For the registration as a service provider (provider), the user without entrepreneur status has not to provide Klickerr any additional information or data. Such information shall only be provided by the user without entrepreneurial status if a payment according to point 15.2.5 is desired, for which the user must also actively give his/her consent. After actively confirming that the user without entrepreneurial status is fully capable of acting (see point 4.2.1) and has a bank account in the country of residence indicated at registration, the service provider profile is activated immediately by pressing the button "Create account" and the user without entrepreneurial status has an "activated service provider profile".

5.4.2

The user without entrepreneurial status is entitled to delete his/her service provider profile at any time in accordance with the provisions of point 21.2.

A once activated service provider profile according to point 5.4.1 can no longer be converted or reduced to a simple "consumer account" according to point 4.2.1.

5.5 Creating a service provider profile for users with an entrepreneur account of variant A:
5.5.1

In order to be able to create and offer OLS as a user with an entrepreneurial status and thus to be able to act as a service provider, registration as a provider (variant B of point 4.3.1) is required. A subsequent extension of an existing entrepreneur account of variant A to an entrepreneur account of variant B is not possible.

5.5.2

If a user with an entrepreneurial status with an entrepreneur account of variant A wants to put OLS online on the application, he/she has to terminate his/her entrepreneur account according to point 21.2 and in a second step conduct a provider registration according to point 4.3 .1. In the event of such termination all relevant provisions (eg deletion of existing data, etc.) shall apply without restriction.

5.6 Subsequent editing of the service provider profile for users with entrepreneurial status:
5.6.1

To change the data in the "Core user data" and "Private user data" groups, the user with entrepreneurial status must contact Klickerr (Klickerr's current contact information can be accessed on the application under the "Imprint" menu item) and inform the application of the desired changes. In such a case, a re-verification in accordance with point 4.3.5 is mandatory - unless only a change of the e-mail address provided during registration is requested (see point 18.3) ("Re-verification").

An activated service provider profile of a user with entrepreneurial status can - with the exception of the data of the group of "extended user data" (see point 4.6) - no longer be edited by this service provider and also requires a new verification, unless only a change of the e-mail address specified during registration is requested.

5.6.2

For the period of the re-verification the service provider profile of the user with entrepreneur status is temporarily deactivated and no OLS can be put online. If, during the period of the re-verification, a service contract for an already existing OLS is concluded, it will be processed by Klickerr and third parties, who are involved in this application (eg payment provider), on the basis of the old verified core user data or private user data until the new verification is processed.

5.7 Consent to being contacted, use and storage of OLS content:
5.7.1

The service provider agrees with the creation of a service provider profile or the registration of an entrepreneur account of variant B and the putting online of an OLS to being contacted and to receive request for quotations by service consumers.

5.7.2

Klickerr allows users and natural persons to access OLS without charge. The service provider agrees with the creation of a service provider profile or the registration of an entrepreneur account of variant B and the putting online of an OLS, that all content of OLS, which were put online by the service provider on the application, are accessed and saved/stored by users and natural persons.

5.8 Upload and use of terms and conditions by users with entrepreneurial status:
5.8.1 Recognition of the Klickerr Terms and Conditions:
5.8.1.1

If the service provider with an entrepreneur account offers OLS on the application, he/she acknowledges and agrees that the Klickerr GTC, in particular with regard to cancellations and refunds, which were published on the application at the time of the corresponding conclusion of the service contract, apply.

5.8.2 Admissibility of uploading Terms and Conditions for a corporate seller:
5.8.2.1

User with entrepreneurial status may upload their own terms and conditions ("Entrepreneur's Terms") to Klickerr and have them added to contract terms in addition to these terms and conditions (by Klickerr) when concluding a service contract. Prerequisite for this is a registration as provider (variant B of point 4.3.1). The corporate seller terms and conditions are displayed in the public entrepreneur profile.

For entrepreneurs (users with an entrepreneur account), the uploaded entrepreneur terms belong to the group of "extended user data". For completed service contracts, only the entrepreneur terms and conditions of the service provider apply, but not any entrepreneur terms and conditions of the service consumer.

5.8.3 Illegal content of uploaded Terms and Conditions of a corporate seller:
5.8.3.1

General terms and conditions of users with entrepreneurial status may under no circumstances contradict the general terms and conditions of Klickerr and may not violate applicable law. In particular, these uploaded company Terms and Conditions may not contradict the provisions of points 15.3.2, 15.3.3.
In the case of conflicting provisions of the entrepreneur's terms and conditions with terms and conditions of Klickerr, the latter proceed.

5.8.3.2

Cancellations, and revocations as well as (partial) refunds of OLS of the service provider have to be in accordance with these terms and conditions (see in this regard point 15.2.7), which were published on the application for the respective conclusion of the service contract.

5.8.3.3

Klickerr is entitled to inform users that these terms and conditions apply to OLS offered by the service provider.

5.8.3.4

Klickerr is further entitled, after prior information of the user with entrepreneurial status with a provider account, to remove uploaded business terms and conditions if they violate point 5.8.3.1 or 5.8.3.2.

6. Mandatory use of the Klickerr account and the services/applications embedded:

6.1 Prohibition of technical interference:
6.1.1

Procedures which are potentially suitable for violating network or system security or for manipulating, obstructing or impairing the operation of the application or the underlying technical infrastructure and its functions/access possibilities are prohibited and are prosecuted under civil and criminal law ("proscribed practices").

6.1.2

Among the proscribed practices of point 6.1.1 are:

  • the use or insertion of software, viruses, trojans, robots, scripts or databases in connection with the use of the application;
  • the blocking, overwriting, modification, copying of data and/or other contents, as far as this is not necessary for the proper use of the application.
6.2 Obligation to comply with legal and ethical requirements:
6.2.1

When using the application, the user can make use of various services. This includes the sending of messages to other users via the Klickerr chat and the posting of own contents, especially contents which concern OLS or the public profile (see point 4.12.2) of the user (e.g. pictures, texts). Klickerr is not obliged to check or control content provided by the user (including content transmitted between users, for example in Klickerr chat and live video chat).

When using the application, the user is bound to comply with these GTC and applicable law, in particular criminal law, competition law, personal rights, trademark rights, copyright and ancillary copyright, data protection law, youth protection law, etc., and expressly agrees and confirms to be solely responsible for the protection of the rights of third parties to all content that he/she loads onto his/her Klickerr account or makes available via the application (including Klickerr chat and live video chat) and assures to have all and transferable rights of use and exploitation of all published, distributed and made available contents as well as in particular also the consent of any persons depicted for publication.

6.2.2

User content that the user publishes on the application or his/her Klickerr account (for example in his/her public profile or in offered OLS) or that is exchanged via the Klickerr Chat and the Live Video Chat must not impair the interests of Klickerr and must meet the following conditions and criteria (these are referred to as "inadmissible content"):

  1. The reputation of Klickerr contrary contents are forbidden;
  2. Defamatory, degrading or offensive content is prohibited;
  3. Content must not violate any applicable laws or morality;
  4. The dissemination of offensive, pornographic, harmful to young people, abusive, inciting, racist, violent or hateful content or content that violates religious freedom is prohibited as well as the use of vulgar, obscene or aggressive language;
  5. All content that the user publishes or distributes on and via the application, such as in particular in his/her public profile or in offered OLS, must correspond to the truth, must be kept up-to-date and may not contain inaccurate or misleading information;
  6. The advertising of other competing platforms is prohibited. It is not permitted to refer to or link to competitor websites of Klickerr, other content created by competitors of Klickerr or other content containing textual, pictorial or contextual references to competitors of Klickerr;
  7. Public user profiles or online OLS for pure marketing purposes of the user, without real service intention, are forbidden. It is also forbidden for users to advertise club and club memberships and the like;
  8. The sending of messages with advertising content without the consent of the addressee (in particular spam messages) is prohibited;
  9. All user-contents including uploaded pictures (in the public profile or in the offered OLS) have exclusively the purpose of describing and presenting
    • the person or company of the user and his/her abilities/competences, education/expertise, professional experience/experience, other knowledge, etc.
    • the OLS offered
    and in particular may not contain any external information such as promotions, sweepstakes, etc.;
  10. User-content, which users exchange before conclusion of a service contract over the Klickerr chat, have to serve exclusively the finding of a mutual will agreement over an OLS and its execution and completion;
  11. All user-content in the public area of the Klickerr account or in offered OLS must be directly visible to third parties. The user's own tracking codes and interactive elements are not allowed;
  12. Users are prohibited, as presumed service consumers or presumed service providers, from making requests for quotations or discontinuing OLS which are not intended to be fulfilled;
  13. Users are prohibited from put online duplicates of OLS;
  14. Users may not create Klickerr accounts through unauthorized or automated means;
  15. The collecting of information from or about users of the application in any unauthorized or unwarranted manner is prohibited;
  16. Only the parties to the service contract, including their employees, may participate in the live video chat;
  17. Conducting an OLS by the service provider without real service intention is forbidden;
  18. The service provider may only offer and perform OLS that he/she is qualified to perform according to his/her knowledge, skills or abilities;
  19. Links according to point 4.6.4 are only permitted to social media profiles and/or a homepage of the respective user without exception.
6.3 Use of the recommendation function:
6.3.1

In the event that the user informs third parties about the existence of Klickerr or the application using the recommendation function provided on the application, the user must ensure that the third party agrees to receive the message.

6.4 Rating function and report abuse:
6.4.1

Klickerr provides a rating system on its application that allows users to express their opinions about service providers and services with whom they have performed an OLS. Detailed regulations for the evaluation of OLS on the platform can be found in Section 17.1 of these GTC.

6.4.2

Furthermore, in the event of a serious infringement of individual rights, Klickerr offers service consumers and service providers the possibility of filing an abuse report in accordance with point 17.2.2.

6.5 Consequences of improper use of the application:
6.5.1

The user indemnifies and holds Klickerr harmless against all claims, which arise Klickerr due to the prohibition of technical influence (point 6.1), the rights of third parties (point 6.2.1) or due to illegal content (point 6.2.2) (see point 13.3.2).

6.5.2

Klickerr has the right in particular in the cases described in point 4.5.2, to change and delete user content and OLS from the Klickerr account, which also includes the right to cancel OLS until the start of the agreed time for the OLS execution and/or to cancel the user extraordinarily or to block the user for a certain or indefinite time (see point 21.3.3). The latter case also includes the right to cancel an OLS to which this user is a contracting party in accordance with point 21.4.3.

7. Special regulations regarding putting OLS online by the service provider:

7.1 General information on the putting live OLS by service providers:
7.1.1

Service providers may be both natural persons without entrepreneurial status (see point 4.2) and persons with entrepreneurial status (see point 4.3). To be a service provider, both require an activated service provider profile (see in general point 5.1 and in particular point 5.4.1 and point 5.5). Service providers then have the option of creating, offering or put OLS online on the application via the "Seller Area" / "Offers" and edit them.

7.2 Responsibilities and guidelines for OLS content:
7.2.1

The Service provider is responsible for entering and uploading or making available flawless, suitable content for his/her OLS. The OLS published via the application do not represent Klickerr's opinion and their contents are not checked by Klickerr for their legality, legal conformity, correctness and completeness; however, Klickerr has the right to randomly check them.

7.2.2

When creating an OLS (including OLS created individually for service customers in the form of a "special offer"; see point 8.2.2.2), service providers must enter these in the specified main and sub-categories and describe them as comprehensively and truthfully as possible for service customers in the fields provided for this purpose and in compliance with point 6.2.

The service provider is obliged to enter all necessary and essential characteristics of the OLS for the conclusion of a service contract ("OLS obligation data").

It is not possible to place an OLS online without entering these "OLS mandatory data". These "OLS obligations" include:

  • the language(s) in which the OLS can be offered or carried out;
  • the duration of the OLS in minutes (5, 15, 30, 45, 60, 75 or 90 minutes may be specified);
  • the short name of the OLS ("service title");
  • the correct assignment of the OLS to the appropriate main and sub-category provided by Klickerr on the application;
  • a (detailed) description of his/her OLS in the text field "Describe the service", which must contain as a minimum content all performance-determining features that enable the service customer to assess whether the OLS meets his/her needs; and
  • the total price (including all taxes and fees, which also includes the Klickerr fee) at which the OLS is offered in the local currency of the service provider (based on the information of his/her current country of residence according to point 4.2.1 or his/her company headquarters according to point 4.3.1) (see point 14.1.1).
7.2.3

In addition to the "OLS obligations" (see item 7.2.2), the service provider may also
(i) add images related to the OLS, and (ii) add a service title and a description of its OLS in the text field "Describe offer" in another language (e.g. in addition to the German description also in English). (referred to as "extended OLS data").

7.3 Modification of OLS content:
7.3.1

After the service provider has entered an OLS in the "Seller area" /"Offers" section, the OLS will be automatically published on the application or put online by Klickerr's IT system as OLS after all fields with OLS information have been filled in completely and the offer has been released by clicking on the "Publish offer" button. However, Klickerr reserves the right to change or delete the contents of online OLS at any time in accordance with point 4.5.2.

The service provider can no longer change OLS obligation data, as well as extended OLS data of his/her online OLS (as soon as he/she has clicked the button "Publish offer").

7.3.2

Should a service provider wish to change content of the OLS after the publication of the OLS (irrespective of whether it is "OLS obligation information" or "extended OLS information"), this is only possible insofar as he/she creates a completely new OLS in accordance with the relevant provisions of point 7. (especially point 7.2.2) of these GTC. In such a case, the service provider is obliged to delete the old OLS (where the service provider wanted to change OLS mandatory data) (see item 6.2.2 lit m).

7.4 Use of online OLS for marketing purposes:
7.4.1

Both Klickerr and service providers have a common interest in increasing their presence outside the application to interested parties and users. The following is therefore agreed to promote awareness:

The service provider authorizes Klickerr to distribute and exploit online OLS of service providers within the scope of its business activities with media and partner channels as well as Google and to publish them outside the platform for further marketing purposes. This consent can be revoked in writing by the service provider at Klickerr at any time.

7.5 Prevention of third party offers disguised as own OLS via link or frame:
7.5.1

Klickerr does everything to prevent third parties from copying, linking or camouflaging OLS with the help of frames.The service provider acknowledges that Klickerr may not be able to do this - at least temporarily.

When registering, the service provider grants Klickerr all necessary consents to enable Klickerr to prevent third parties to copy, link or disguise OLS as their own offers with the help of frames.

7.5.2

Should unauthorized linking and/or framing nevertheless occur, the service provider cannot assert any claims against Klickerr.

7.6 Duration of listing of OLS and retention obligation of Klickerr:
7.6.1

An online OLS is listed on the application as long as the service provider does not delete it or terminate his/her Klickerr account (see point 21.2).

7.6.2

In none of the cases of point 7.6.1 is Klickerr obliged to store or safe OLS that have been put online (regarding Klickerr account deletion, see point 21.2).

7.7 Registration of OLS by search engines:
7.7.1

It is essential that websites and thus also the application are crawled by search engines, i.e. their contents, so that Internet users are shown the appropriate results when entering search terms, as in the case of the application for searched OLS.

The service provider therefore agrees that OLS, which are put online on the application, can be captured, indexed and made accessible by search engines via their website.

8. Service contract, conclusion of contract:

8.1 Parties to the contract and content of the service contract:
8.1.1

The preparation and negotiation of OLS, the relevant conclusion of a service contract and the performance of the contract are the sole responsibility of the users involved. Only the users (in particular the service provider) are responsible for ensuring that the OLS and the conclusion and fulfilment of the service contract comply with Austrian law and the law of the respective users.

The service provider must provide any necessary admonition and information obligations to the service consumer with the restrictions set out in these GTC (e.g. point 8.7 or point 14.4.3).

Users negotiate their OLS independently. Klickerr only provides users with the necessary infrastructure for this, but does not act as a user's representative or vicarious agent and does not become a party to a service contract concluded between the service consumer and service provider (see also point 5.2.3).

8.1.2

The users are free to conclude a service contract with one another within the mandatory requirements of point 7.2.2 and in compliance with the relevant provisions of points 6.2 and 5.8.

The form and content of a service contract as well as the (also post-contractual) contractual relationship resulting from the service contract may not contradict these GTCs or the Austrian law and legal system to which the respective users are subject. This also means that all data protection provisions applicable between users, such as in particular the Basic Data Protection Ordinance ("BDPO"), are adhered to.

The behaviour of the users when fulfilling the service contracts also influences Klickerr's reputation.

The users therefore also oblige themselves to Klickerr to comply with and properly fulfil the service contracts and other legal obligations in connection therewith.

This also means that confidentiality agreements, which are deemed to be agreed between the parties to the service contract, and the right to data protection, in particular Klickerr's data protection policy, must be complied with, unless expressly agreed otherwise.

8.2 Conclusion of a service contract:
8.2.1 Requests for quotations and service provider requests:
8.2.1.1

Within the application-internal Klickerr chat, users can send, accept or reject requests for quotations (initiative comes from the service consumer; see point 8.2.2.1) or service provider requests (initiative comes from the service provider; see point 8.2.2.2). Requests for quotations or service provider requests can be submitted up to one minute before the planned start time of the OLS.

8.2.2 Variants of the conclusion of a valid service contract; A valid service contract can be concluded in two variants:
8.2.2.1 Variant a.) Appointment request by the service consumer:

Step 1: The service provider has put a non-binding OLS online on the application in accordance with the provisions of point 7.2.2, which a user/service consumer can specifically request by clicking on the button "Request appointment", also without obligation, stating the desired date and start time (the user/service consumer hereby makes a non-binding "request for quotation").
Alternatively, the service consumer can use the "Contact provider" button to contact a service provider directly ("Contact request") and start a Klickerr chat. Within the Klickerr chat, an OLS can be requested without obligation via the right menu bar, which lists all offers of the service provider, by clicking on the button "Send request", specifying the desired date and the start time (the user hereby submits a non-binding "request for quotation").
An offer request can be submitted up to 29 (in words twenty-nine) days before the planned start time of the OLS. An offer request that has already been submitted can be cancelled at any time by both the service consumer and the service provider.
Step 2: With the completed "Quotation Request", a "Klickerr Chat" is automatically started between the service consumer and the service provider of the requested OLS and the service provider is thus informed of the existence of the non-binding quotation request. From this time on, service consumer and service provider have a maximum of 24 hours (in words twenty-four hours) to conclude a legally valid service contract. The service provider can accept the offer in the Klickerr chat via the "Confirm offer" button ("Confirm offer").
Before confirming the offer, the service consumer can make changes on the desired date and start time. If changes are still made on the part of the service consumer, this represents a new "request for quotation" (it continues with Step 2).
Step 3: The service consumer is informed of this offer confirmation in his/her "inbox" or in his/her Klickerr chat and can now accept it by clicking on the "Buy now" button ("Inquiry confirmation"). An offer request that has already been confirmed can also be cancelled by the service consumer at any time.
Step 4: An information box will then appear (as a pop-up window) in which the service consumer must confirm that he/she has accepted or acknowledged these GTC, any company GTC (see point 5.8), Klickerr's data protection provisions and the cancellation conditions ("Acceptance of offer").
Step 5: Before the offer is accepted, the service consumer can check the OLS with its essential characteristics as well as the desired date and the start time as well as the price. If the service consumer still wishes to make changes after review, he/she must cancel the confirmed request for quotation and submit a new "request for quotation" (it continues with Step 1).
Step 6: The "acceptance of offer" initiates the payment process according to point 15.2.2. Only after successful payment (see point 15.2.2.3) has the service contract been concluded.

The service contract between service consumer and service provider comes into effect as soon as the service consumer has accepted the offer in time (24 hours from the request for quotation of the service consumer) and has successfully paid the OLS according to point 15.2.2.3.

8.2.2.2 Variant b.) Quotation by the service provider via the Klickerr Chat:

Step 1: A user can use the button "Contact provider" to contact a service provider ("Contact request") and thus start a Klickerr chat within which an OLS can be negotiated. In the Klickerr chat, the service provider can then submit a non-binding offer for an OLS that fulfils the provisions of item 7.2.2, stating a specific date and start time, to the service consumer ("service provider enquiry"). Such a service provider request relates to either
a.) to an OLS ("special offer") created individually for the service customer or
b.) an OLS that has already been put online by the service provider.
The service provider request can be made up to 29 (in words twenty-nine) days before the planned start time of the OLS. An offer request that has already been submitted can be cancelled at any time by both the service consumer and the service provider.
Step 2: At the same time as the non-binding "service provider request" is transmitted, the service consumer is informed of its presence in his/her "mailbox" or in his/her Klickerr chat. From this point on, service customers and service providers have a maximum of 24 hours (in words twenty-four) to conclude a legally valid service contract. The service consumer can accept the service provider request by clicking on the button "Buy now" ("Inquiry confirmation"). A service provider request that has already been confirmed can also be cancelled by the service consumer at any time.
Step 3: An information box will then appear (as a pop-up window) in which the service consumer must confirm that he/she has accepted and acknowledged these GTC, any company GTC (see point 5.8), Klickerr's data protection provisions and the cancellation conditions ("Acceptance of offer").
Step 4: Until the payment procedure according to point 15.2.2 has been carried out, the service consumer can once again check the OLS with its essential characteristics as well as the desired date and the start time as well as the price and if necessary make changes at the desired date and start time. If changes are still made here after the service consumer has checked, this shall constitute a "request for quotation" in accordance with point 8.2.2.1 (further procedure from Step 2 of point 8.2.2.1). Even after acceptance of the offer, the service provider request can still be cancelled by the service consumer.
Step 5: The "acceptance of offer" initiates the payment process according to point 15.2.2. Only after successful payment (see point 15.2.2.3) has the service contract been concluded.

The service contract between service consumer and service provider comes into effect as soon as the service consumer has accepted the offer in time (24 hours after the service provider's request) and has successfully paid the OLS according to point 15.2.2.3.

8.3 Limited validity of "Quotation requests" and "Service provider requests”:
8.3.1

Each "Quotation Request" (see point 8.2.2.1) and "Service Provider Request" (see point 8.2.2.2.2) have a limited validity period and will be automatically cancelled by Klickerr after 24 (in words twenty-four) hours if the service provider and the service consumer do not agree (see points 8.2.2.2.1 and 8.2.2.2).

8.4 Conducting the OLS in the Klickerr Chat - Sending the activation link:
8.4.1

After payment has been made (see point 15.2.2), the service consumer and the service provider receive a booking confirmation according to point 14.4.3, and a link is sent to the service provider and service consumer in the Klickerr chat (stating the "activation time" of the link), via which the Live Video Chat (for Live Video Chat see point 9.3) can be started for this OLS ("Activation link"; see point 9.4). If no payment is made or was not successful, no activation link to the Live Video Chat will be sent within the Klickerr Chat. This activation link is only activated 10 (in word ten) minutes before the agreed time of OLS provision (see item 9.4.2).

8.5 Klickerr's procedure for overlapping OLS:
8.5.1

Should one of the two contracting parties wish to accept an OLS which is to take place at an overlapping execution time (an OLS is already booked at the same time), Klickerr will block this acceptance of the offer and inform the users about the overlap.

8.5.2

Should one of the two contracting parties accept another OLS at an overlapping execution time of an already submitted offer request according to point 8.2.2.1 or service provider request according to point 8.2.2.2, Klickerr will cancel this offer demand/service provider request and inform the users about the overlap.

8.6 Cancellation and finalization of service contracts and OLS:
8.6.1

A service contract may be cancelled in accordance with the provisions of point 15.3.

8.6.2

An OLS is considered "finalised" if a rating (see point 17.1) has been submitted, but at the latest 36 (in words thirty-six) hours after the official end of the OLS (planned start time plus duration of the OLS). An OLS is also considered "finalised" if a case of points 9.5.2.2 to 9.5.2.4, a case of points 15.3.3 to 15.3.9, or a report of abuse (see point 17.2) has occurred and 36 (in words thirty-six) hours have passed since the official end of the OLS.

8.6.3

In the case of one of the events/circumstances listed in point 8.6.2, the OLS shall be deemed finalised even if, after a justified and legally compliant revocation/cancellation of the service consumer without entrepreneurial status by other means than specified in point 15.3.2.4, the revocation of the service contract by the service provider with entrepreneurial status has not yet been completed.

8.7 Fulfilment of the pre-contractual information obligations by users with entrepreneurial status towards users without entrepreneurial status when concluding a service contract:
8.7.1

In order to fulfil the pre-contractual information obligations prescribed by law for the service provider, Klickerr will automatically issue a "booking confirmation" after payment of the OLS (see point 15.2), in which (i) all relevant information on the booked OLS and its underlying contractual conditions, (ii) the users involved, (iii) the technical requirements for the conduct of the OLS and (iv) information on cancellation/revocation are specified (see point 14.4.3) and forward these to the service consumer.

8.7.2

All information provided in the booking confirmation - with the exception of the technical requirements for the implementation of the OLS - is based on the information provided by the service provider, which the service provider has provided or uploaded to the application in accordance with points 4.3.1 (company data during registration), 4.6.3 (additional company data), 5.8 (company GTC) and 7.2 (OLS content). Klickerr is not obliged to check the correctness and completeness of the information provided (with the exception of information verified in accordance with point 4.3.5) by the service provider. Missing or insufficient information is solely the responsibility of the service provider. Any penalties imposed for breach of these duties to provide information or any damage caused thereby shall be borne by the service consumer.

The service provider is aware of this and is expressly pointed out here that the statutory pre-contractual information obligations can only be fulfilled if the service provider has provided complete and correct information, in particular also with regard to the additional company data (see point 4.6.3) when creating his/her company profile.

8.7.3

The service provider will not send any e-mails to the service consumer outside the Klickerr chat, in particular in which the service provider confirms acceptance of offers, service contracts or the execution of its OLS. This applies to the extent to which, after the completion of an OLS, the service consumer can withdraw from the contract/cancellation of the OLS and the total consumer price can therefore be refunded; see in detail point [...]).

9. Technical requirements for using the application, live video chat and availability, malfunctions, interruptions and failures:

9.1 General technical requirements:
9.1.1

In addition to the general requirements for the use of the application and the services/applications integrated therein, a fast internet access/connection (at least 3-5Mbps server and browser at incoming and out-coming) and an appropriate, up-to-date device (computer, laptop, tablet, mobile phone, etc) including the most recent operating system and WebRTC supporting browser (e.g. Chrome, Firefox, etc), which have the technical capacities (i) for the graphical and audiovisual presentation and (ii) to guarantee the proper functionality of the application, its contents and the services/applications (in particular the live video chat) integrated therein.

Users of a device from Apple Inc (www.apple.com) must also meet the requirements of Section 9.2.

The exact minimum technical requirements necessary for the use of the application and the services/applications integrated therein can be found on the website www.klickerr.com under "Help - Technical requirements".

It is the user's responsibility to ensure that his/her internet access/connection, device, operating system, webcam and browser meet the minimum requirements listed on the website www.klickerr.com under the menu item "Help - Technical requirements".

9.1.2

The use of the application generates a considerable volume of data (especially when using the Live Video Chat), which can cause high costs (depending on the respective operator and tariff), especially with mobile use. The costs and risk of Internet data traffic are borne exclusively by the user.

9.1.3

Since the Live Video Chat is based on WebRTC technology, the user needs a WebRTC supporting browser (e.g. Chrome, Firefox, etc) on his/her device (computer, laptop, tablet, mobile phone, etc) to perform the Live Video Chat.

The user is obliged to ensure that he/she installs an appropriate WebRTC-compatible browser on his/her device.

Users can find a list of WebRTC-compatible browsers on the website www.klickerr.com under the menu item "Help - Technical requirements".

9.2 Special technical requirements when using a device from Apple Inc.
9.2.1

If the user has a device from Apple Inc (www.apple.com) and wishes to perform or conduct an OLS with this device via Live Video Chat, he/she must - in addition to fulfilling the technical requirements described in point 9.1 - also meet additional minimum software requirements, which can be found on the website www.klickerr.com under the menu item "Help - Technical requirements".

Users of a device from Apple Inc (www.apple.com) are obliged to meet the software requirements for the iOS operating system and browsers used on the website www.klickerr.com under the menu item "Help - Technical requirements".

9.3 Conducting the OLS via the Live Video Chat - provisions for implementation:
9.3.1

The OLS is carried out/conducted/processed by the external service provider Temasys (https://temasys.com.sg) via its Skylink program, which is integrated into the application (hereinafter referred to as "Live Video Chat").

Users agree that Klickerr may use and completely process the OLS by the external service provider Temasys (https://temasys.com.sg) via its Skylink program, which is integrated into the application. Temasys thus becomes the contractual partner of the user with regard to the execution of the OLS!

9.3.2

Is the OLS performed/conducted by users via the Live Video Chat, the Temasys Terms of Service shall additionally apply to these users. The service provider Temasys becomes a contractual partner of the users with regard to the use and complete processing of the OLS. The users will be informed of this fact separately when the transmission confirmation is sent.

Live Video Chat is subject to Temasys Terms of Service. The user becomes a contractual partner of Temasys and hereby acknowledges and accepts the terms and conditions of the Temasys Terms of Use.

9.3.3

The service provider is obliged to share his/her video within the scope of the OLS, as this is the core of the service provision to the service consumer. The service provider therefore acknowledges that the offering and execution of an OLS is not possible without the transmission of videos and the associated personal data. However, a service consumer is not obliged to share his/her video within the scope of an OLS.

9.4 Activation link and use of the Live Video Chat:
9.4.1

After payment has been successfully made (see point 15.2.2), the service consumer and the service provider receive a payment confirmation in accordance with point 14.4.3 (see also the relevant provisions of point 8.7), and a link ("activation link") is sent to the service provider and service consumer in the Klickerr chat (stating the "activation time" of the link), via which the Live Video Chat (for Live Video Chat see point 9.3) can be started for this OLS (see point 9.4). If no payment is made or was not successful, no link to the Live Video Chat will be sent within the Klickerr chat.

9.4.2

The Live Video Chat can be opened 10 (in words ten) minutes before the specified OLS start time and closes automatically 10 (in words ten) minutes after the booked duration (after the agreed end) of the OLS. A new login to the Live Video Chat is no longer possible 10 (in words ten) minutes after the booked duration (after the agreed end) of the OLS. The Live Video Chat is only available to the two parties to the service agreement. Only the authorised service consumer and service provider including their employees may participate in the Live Video Chat. Other participants are not permitted (see point 6.2.2 lit p).

9.5 Availability, faults, interruptions and failures of the application or the services/applications integrated therein, data loss, incorrect information, functionality:
9.5.1 General:
9.5.1.1

Klickerr offers its services twenty-four hours a day, seven days a week. Maintenance work, updates and similar work which may impair the use of the application and the services/applications integrated therein shall, as far as possible (which cannot be guaranteed in particular for the services/applications of third parties integrated in the application), be announced online in advance with a reasonable period of time.

9.5.1.2

Klickerr endeavours to keep the application permanently available in accordance with point 9.5.1.1. However, the user is not entitled to complete availability without gaps. In particular, performance interruptions or restrictions in connection with system maintenance, servicing, updating or elimination of security risks of all kinds are to be accepted by the user to the required extent. Klickerr may also restrict access to the application in whole or in part, temporarily or permanently due to capacity concerns and events beyond Klickerr's control.

The user is aware and accepts that a continuous and complete availability (7 days/24 hours) of the application and the services/applications integrated therein cannot be realized and is not guaranteed and guaranteed by Klickerr. The user assures that he/she will not take recourse against Klickerr in such cases.

9.5.1.3

Klickerr endeavours to permanently maintain all functionalities of the application and the services/applications integrated into the application and in particular not to change the external service providers for (i) the handling and execution of the Live Video Chat (see point 9.3) and (ii) the payment processing (see point 15.2.1) without justifiable reason.

Users have no right to the maintenance of individual functionalities of the application and the services/applications integrated in the application.

9.5.1.4

Klickerr will rectify faults in its technical equipment as quickly as possible within the scope of existing technical possibilities and carry out maintenance work, updates or similar work - if possible - in such a way that downtimes of use do not occur or are kept as short as possible.

The user acknowledges that Klickerr has no influence on the elimination or the duration of the elimination of malfunctions of technical facilities of integrated services/applications of third parties or on maintenance work, updates or similar work on them. Therefore, a user cannot assert any claims against Klickerr resulting from this.

9.5.2 Claims in case of interruptions and failures of the Live Video Chat during the execution of an OLS:
9.5.2.1

Delays or interruptions of service under a total of 10 minutes generally do not justify a claim for reimbursement or reduction of (i) the price to be paid for the OLS according to point 14.1 and (ii) the Klickerr fee according to point 15.1.

9.5.2.2

If an OLS is interrupted or discontinued for more than 10 minutes by the service consumer or service provider during its execution, any resulting claims, liabilities, etc. shall be governed by the applicable law and/or existing contractual provisions applicable between these two contractual parties. In such a case, both contracting parties have the right to cancel the contract in accordance with point 15.3.2.

9.5.2.3

In the event of delays and interruptions of services for a period of 20 minutes or in the event of complete service failures during the execution of an OLS, which are within the sphere of influence of Klickerr or third-party services/applications integrated by the application and were not previously announced online in advance, a cancellation of this OLS will be simulated, in which the entire total service consumer price will be reimbursed to the service consumer.

9.5.2.4

The provisions of points 9.5.2.1 to 9.5.2.3 shall not apply in the event of a cancellation pursuant to point 15.3.2.

10. Links to other websites and downloads:

10.1

As soon as the user follows a link to another website and thus leaves the application, Klickerr has no further control or influence on the available contents listed there and does not adopt these contents. This applies in particular to links provided by users in their public profile to their social media profiles (e.g. Facebook) or their own homepage (see point 4.6.4).

10.2

In the event that Klickerr gains positive knowledge of illegal content on linked websites or social media profiles, Klickerr will block the link after checking it.

10.3

The user acknowledges that linked websites or social media platforms of third parties (e.g. Facebook) have their own general terms and conditions, terms of use and data protection provisions, etc., which have no relation to and differ from Klickerr's general terms and conditions and data protection provisions. Klickerr has no influence on the data protection practices or data protection compliance of a linked website or social media platforms of third parties (e.g. Facebook). For this reason, Klickerr recommends that you carefully read and adhere to the data protection regulations and terms of use of the linked website. The purpose and scope of data collection and the further processing and use of collected data as well as the relevant rights and setting options for the protection of privacy can be found in the data protection information of the linked website.

10.4

Klickerr advises users to read carefully the privacy statements of every website and especially of social media platforms (e.g. Facebook) that collect personal data.

Klickerr's privacy policy applies exclusively to data collected by the application, but not to data protection practices of linked websites or social media platforms of third parties (e.g. Facebook).

10.5

Klickerr does not perform any scanning or virus scanning of user content.

Downloads - whether directly from the application or from pages linked to the application - are at your own risk.

11. Trademark rights, copyrights and other proprietary rights:

11.1 Recognition of the rights to the application and its contents:
11.1.1

All rights to the used application and its services, to brands, titles, trademarks and embedded copyrighted works or contents as well as other intellectual property rights belong to Klickerr or its licensors/providers (e.g. payment provider, provider of the Live Video Chat). This does not apply to content published by Klickerr that was created or uploaded by users and adopted by Klickerr for publication on the application. Klickerr is also entitled to all rights to the compilation of content on the application, which is protected by copyright.

The user is obliged to take this into account the provisions of point 11.1.1 and is obliged not to use any parts of the application and the services/applications or other contents of any kind beyond the possibilities and purpose granted to him/her in the context of the use of the application - privately or commercially.

11.2 No modification/removal of rights reserved:
11.2.1

Copyright notices and/or brand names and/or other rights to the contents of the application may neither be changed nor removed.

The user is obliged to ensure the recognition of the intellectual property and may neither change nor remove the reservation of rights in the content of the application.

11.3 Exclusive responsibility of the user for user content and notification obligation:
11.3.1

The user is solely responsible for the media, competition and other laws for the user content that he or she specifies for publication on the application as well as the user's own social media profiles (e.g. Facebook) or the user's own homepage made accessible via links.

11.3.2

If the user loses a right of use or exploitation of user content (see point 6.2.1), he/she is obliged to inform Klickerr immediately in writing.

11.4 Information about the identity of the user in case of illegal contents:
11.4.1

If a person depicted or quoted reports a request for deletion to Klickerr or someone who claims a right of use and/or exploitation, Klickerr will refer this person to the corresponding user with the restriction in point 11.4.3 and/or proceed in accordance with the provisions of point 6.5.2.

11.4.2

Klickerr will, in the sense of "notice and take down", remove any illegal, in particular copyright, trademark or trademark infringing user content from the application and inform the user of any claims. Klickerr's rights under point 6.5.2 are not restricted by this point.

11.4.3

The data will only be disclosed to third parties if this is legally permissible.

This is particularly the case if the data is disclosed on the basis of a legal obligation within the meaning of Art 6 para 1 lit c DSGVO (e.g. §§ 13 ff ECG or by order of a judge or public prosecutor) or to assert, exercise or defend legal claims within the meaning of Art. 9 para. 2 lit f DSGVO.

12. Granting of rights:

12.1 Granting of rights by the user:
12.1.1

For unrestricted use of the application and its functionalities, Klickerr requires limited rights to the user-content posted, in particular those of online OLS.

Should trademark rights, copyrights and ancillary copyrights, etc. of the user be affected in the course of the online placement of an OLS or as a result of the provision/position of user content, Klickerr receives all non-transferable, non-exclusive, locally unlimited exploitation and/or licensing rights for use, limited to one year after the end of the contractual relationship of the user, free of charge, insofar as this is necessary to fulfil the user contract.

This right also includes the right of processing, insofar as this is necessary or expedient in the context of Klickerr's business activities.

12.1.2

When an OLS is placed online by the service provider, the service provider agrees to transfer the sole database rights to Klickerr for this OLS.

12.2 Guarantee of ownership of rights:
12.2.1

The User warrants that he/she him/herself is entitled to grant the exploitation rights listed in point 12.1.

The user guarantees that he/she is unrestrictedly entitled to grant Klickerr the rights mentioned in point 12.1. The user also guarantees that the user content is free of third party rights to the extent that nothing prevents Klickerr from granting and using the rights under the contract. Ultimately, the user guarantees that the contractual use of the user content within the scope of this contract does not infringe any rights, in particular no personal rights of third parties, in particular that any persons depicted agree to the contractual use of the content.

12.3 No exploitation of the application or its parts and contents:
12.3.1

The User may not copy, adapt, modify, distribute, license, underlicense, sublicense, transfer, sell, perform or otherwise exploit or access the application or parts of the application and the services/applications incorporated therein or create (or support others in doing so) derivative works based thereon or use data mining (as well as data acquisition and extraction programs and the like). This also includes that the user may not do the following, either directly or through automated means: (a) reverse engineer, modify, decompile or extract code from the application and the services/applications incorporated therein; (b) sell, resell, rent or charge for the application and the services/applications incorporated therein; or (c) distribute or make available the application or parts of the application and the services/applications incorporated therein over a network in which they could be used by several devices simultaneously.

12.3.2

Users may not use data and contents that have become known to them via the application outside of communication within the framework of an OLS or the payment of an OLS. In particular, it is prohibited to use such information for advertising, unsolicited e-mails or other unlawful purposes.

12.4 Granting of rights by Klickerr:
12.4.1

Conditional on compliance with these GTCs and limited to the purpose stated in points 2. and 12.4.2, Klickerr grants the user a simple, non-sublicensable, non-exclusive and non-transferable license to use the application.

12.4.2

The license under point 12.4.1 serves the sole purpose of enabling the user to use this application and the services/applications integrated therein in the manner permitted by the conditions of Klickerr and the services/applications integrated into the application and within the legally permissible framework. If the user opposes or does not comply with the conditions and specifications laid down in these General Terms and Conditions, this license expires with immediate effect. Except for the licenses and rights expressly granted, no licenses or rights are granted or assigned to the user either tacitly or in any other way.

13. Warranty, Compensation and Liability:

13.1 General information on Klickerr's warranty, compensation and liability:
13.1.1

The provisions of point 13. do not supersede the provisions on special warranty and liability constellations made elsewhere in these GTC, such as the special provisions on interruptions and breakdowns (point 9.5); these take precedence over the provisions of point 13.

13.1.2

As far as a pre-contractual, contractual and non-contractual liability of Klickerr arises, this is in any case limited to intent or gross negligence. Compensation for lost profit or for indirect damage, consequential damage, exemplary damage, incidental damage or punitive damage by Klickerr are excluded in any case, even if Klickerr has been advised of the possibility of such damage. In all other respects, Klickerr is only liable for slight negligence in the event of a breach of essential contractual obligations (duty whose fulfillment makes the proper execution of the contractual relationship possible in the first place and on whose adherence the user regularly relies and may rely), whereby the liability in this case is limited to the amount of the foreseeable damage typical for the contract. In the latter case Klickerr is liable up to a maximum of EUR 300.00 (in words three hundred euros). The existence of more than one entitlement does not raise this limit.

This limitation of liability under point 13.1.2 shall not apply to damage under the product liability act, personal injury or damage based on the absence of warranted properties.

13.1.3

As far as any liability of Klickerr is excluded or limited, this also applies to the personal liability of Klickerr's executives, employees, representatives and vicarious agents.

13.1.4

With regard to entrepreneurs, the warranty period is limited to 12 months. A damaged entrepreneur has to prove the existence of gross negligence on the part of Klickerr.

13.1.5

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. In this case, the limitations or exclusions set out in point 13. may not apply to the user and the user may have other rights that vary from jurisdiction to jurisdiction.

13.2 Functionality and suitability of the application:
13.2.1

The application and the services/applications integrated therein are offered without guarantee of specific functionality or availability. The scope of the respective current functionalities results from the service descriptions on the application.

13.2.2

Klickerr rejects any assurances and warranties, whether explicit or implicit, regarding the booking/conclusion of OLS or service contracts or the suitability of the application for a specific purpose and does not guarantee that the application and its services/applications meet the users requirements.

13.3 Content on the application and infringement rights of third parties
13.3.1

Klickerr takes all reasonable steps to ensure the reliability of the content presented on the application. However, Klickerr does not guarantee the accuracy, completeness, timeliness, legal compliance or other quality of the community content published or otherwise made available by Klickerr or users within the application and the services/applications integrated therein, nor does it guarantee its suitability for a specific purpose. This applies in particular to user content displayed on the public profile of users, user content specified in OLS in the text field "Product details" (see point 7.2.2), and user content that is exchanged via the Klickerr Chat and the Live Video Chat. Klickerr has no influence whatsoever on the contents during the execution and/or completion of the OLS.

13.3.2

The user warrants that no legal or other provisions (e.g. those under 6.2.2 lit b, c and d) or third party rights (see point 6.2.1) are violated by his/her user content that he/she loads onto his/her Klickerr account or makes available via the application (including Klickerr Chat and Live Video Chat). The user shall indemnify and hold Klickerr harmless against all claims in this respect and hold Klickerr harmless from all claims asserted by third parties due to culpable conduct on the part of the user due to the violation of the rights of third parties in connection with this contractual relationship. The user shall bear all resulting costs, including the costs of legal defence. At Klickerr's request, the user must enable Klickerr to defend Klickerr against claims by third parties at the user's expense.

13.4 Contact initiation and establishment of a contact:
13.4.1

Klickerr uses this application to establish contact between service consumers and service providers. Liability for damages in connection with the initiation of the contract is excluded.

13.4.2

The right to a reply or reaction from a contacted user does not exist. Every user has the right to ignore contact inquiries, offer inquiries, request for quotations, offer confirmations, and also service provider inquiries in the sense of point 8.3 without giving reasons. Service providers are entitled to refuse the conclusion of service contracts.

13.4.3

Klickerr assumes no assurance or liability for the conclusion of a contact or a service contract between the service consumer and service provider. Furthermore, Klickerr does not guarantee that the application contains service providers or offered OLS that meet the criteria requested by the service consumer.

13.4.4

According to point 15.3.2 of these General Terms and Conditions, both the service provider and the service consumer - regardless of whether they are users with or without entrepreneurial status - have the right to cancel this OLS until the planned end of the booked OLS or the complete provision of the OLS (also during the implementation). The contractual partner is solely responsible for claims, demands, costs, expenses and compensation claims resulting from a cancellation - especially at short notice. Klickerr assumes no liability for any damage resulting therefrom and cannot be held liable in this respect.

13.5 Exclusion of liability for OLS:
13.5.1

Klickerr is not involved in a service contract and therefore never a contractual partner of an OLS (see points 2.3 and 5.2.3). Klickerr is neither liable for the offer of the service provider and his/her general terms and conditions (see point 5.8), nor for the handling, execution and performance of the OLS in accordance with the contract, nor for the content of the OLS carried out via the application and all rights and obligations in connection therewith (such as right of withdrawal, warranty, information obligations, etc.), unless an exception is explicitly provided for in these general terms and conditions. The rights and obligations in this respect therefore exist exclusively between the users involved. Details of the OLS will be communicated to the user within the label and description of the respective OLS. Klickerr merely creates the appropriate framework conditions on its application for a legally and contract-compliant execution of the service contract.

13.5.2

All information contained in the cancellation instructions and the cancellation form as well as in the booking confirmation in accordance with points 8.7.1 and 14.4.3 of an OLS placed online is based - with the exception of the technical requirements for the implementation of the OLS - on the information provided by the service provider. Klickerr is not obliged to check the correctness and completeness of the information provided (with the exception of information verified in accordance with point 4.3.5). Missing or insufficient information is solely the responsibility of the service provider. Any penalties imposed for breach of information duties or damage caused as a result thereof shall be borne by the service consumer and Klickerr cannot be held liable for this.

13.5.3

Klickerr has no knowledge of the scope and content of an OLS and the information, content and details provided by a service provider and does not check them for accuracy. The assessment of the competence of the service providers is the responsibility of the user; before a user concludes a service contract with another user, the user should therefore carry out the necessary or expedient investigations. With the exception of the cases regulated in points 14.4 and 15.2, claims and obligations arising from these service contracts and in connection with their performance arise and exist exclusively between the service consumer and service provider. Klickerr assumes no liability for damage or loss resulting from this contractual relationship (except those directly attributable to Klickerr's conduct).

13.5.4

If a user has a legal dispute with another user, this user indemnifies Klickerr (and its agents, affiliates, board members, executives and employees) from all claims, demands, lawsuits, proceedings, costs, expenses and claims for damages arising from this underlying service contract and holds Klickerr harmless. In case of disputes between users there is no obligation for Klickerr to intervene.

13.5.5

Compliance with information, directions or instructions (e.g. carpentry work, music lessons, etc.) provided by a service provider during the performance of an OLS is at the discretion and risk of the service consumer. Klickerr is therefore not liable for any damage caused thereby.

13.5.6

For users with a place of residence or registered office outside the EU, the following applies in deviation from points 13.5.1 till 13.5.5: The user hereby indemnifies Klickerr (and its executives, employees, agents, successors in title and assigns) for an unlimited period of time against liability claims and hereby waives past, present or future disputes, demands, controversies, claims, rights, obligations, liabilities, lawsuits and causes of action of all kinds and of any type (such as, but not limited to for personal injury, death and material damage) which have arisen or arise directly or indirectly as a result of or in connection with the user's interactions or transactions with or actions or omissions of the user in relation to other users and third party websites and advertisements (with the exception of those which are directly attributable to the behaviour of Klickerr). This point 13.5.6 does not apply to users residing in the EU.

13.6 Payment processing:
13.6.1

The user expressly agrees that payment transactions may be processed by the external payment provider Stripe (https://stripe.com) (see in particular point 15.2.3).

The user expressly agrees that Klickerr assumes no liability whatsoever for damages or claims arising from payment processing with the external payment provider Stripe. All resulting claims must be asserted directly against the payment provider.

13.7 Risk-bearing when using the application, computer viruses and data misuse:
13.7.1

Access to and use of the application and the services/applications integrated therein shall be at the discretion and risk of the user. The user is solely liable for any damage to his/her computer system or for any resulting loss of data.

13.7.2

Klickerr does not warrant that the application and the services/applications integrated therein are free of computer viruses or other harmful codes or mechanisms to the extent permitted by law. If damages or costs of any kind should occur due to the use of the application, Klickerr shall not be liable for them, unless they were caused by Klickerr intentionally or through gross negligence.

13.7.3

Klickerr is not liable for the unauthorized access of third parties to the users personal data (e.g. through unauthorized access by "hackers" to the database or through unauthorized disclosure by other users) and the misuse of this data.

13.7.4

The user indemnifies and holds Klickerr harmless against all claims that Klickerr may incur due to the prohibition of technical influence (point 6.1).

13.7.5

If OLS copied, linked or disguised as an own offered by third parties are uploaded to the application without authorization, the service provider cannot assert any claims against Klickerr.

13.8 Malfunctions, interruptions and failures:
13.8.1

Use of the internet is at your own risk. Klickerr is not liable for the technical failure of access to the Internet on the part of the user.

13.8.2

Klickerr is not liable for loss of profit, loss of data or other indirect damage caused by incorrect information, the impossibility to use the services and contents of the application and the services/applications integrated therein, or technical faults, interruptions or breakdowns.

13.8.3

Klickerr is not liable for errors and malfunctions that are not directly within its sphere of influence. Such malfunctions are particularly the result of improper operation by the user, unsuitable software and/or hardware of the user or failures of the communication network. In particular, Klickerr assumes no liability if the user does not have a correspondingly fast Internet access/connection, a compatible device or a WebRTC supporting browser (see point 9.1) and/or - in the case of an iOS device such as iPhone or iPad - does not meet the software requirements specified on the website www.klickerr.com under the menu item "Help - Technical requirements" (see point 9.2).

13.8.4

Regulations regarding claims in the event of interruptions and failures of the Live Video Chat during the execution of an OLS can be found in point 9.5.2.

13.9 Use of the application and its services/applications with an external device:
13.9.1

If the user uses the application and the services/applications integrated therein from an external device (computer, laptop, tablet, mobile phone, etc), he/she is obliged to inform the owner or authorised user of this terminal and to obtain his/her permission. The user is liable for all damages that Klickerr incurs from such usage constellations.

13.10 Unauthorized or improper use of login data:
13.10.1

Klickerr assumes no liability for damages resulting from the unauthorized or abusive use of password-protected logins and/or the Klickerr account, unless Klickerr is responsible for this abuse.

13.11 Payouts and refunds:
13.11.1

If no truthful and complete payment-specific data according to point 15.2.5.1 is provided, no payment can be made to the service provider and the resulting damage will not be reimbursed by Klickerr and Klickerr accepts no liability for this and Klickerr shall not be liable for any damage resulting therefrom.

13.11.2

If no truthful and complete prevention information according to point 15.2.4.2 is provided, no payment can be made to the service provider and the resulting damage will not be reimbursed by Klickerr and Klickerr accepts no liability for this and Klickerr shall not be liable for any damage resulting therefrom.

13.11.3

If these GTC do not expressly provide that Klickerr is responsible for refunds and other refunds (for example in the event of cancellation), the service provider must ensure that, in the event of an effective cancellation/withdrawal by the service consumer, he/she fulfils his/her legal obligations for a legally compliant cancellation of the service contract and immediately, but in any case not later than 14 (in words fourteen) days after the obligation arises, makes the corresponding refunds and thereby complies with all legal provisions that apply to him/her. Klickerr will not compensate for any damage caused by unlawful rescission of the contract will not assume any liability for this.

13.12 Links and downloads:
13.12.1

Klickerr has no knowledge of the content of a user's website or social media profile made accessible via a link and does not check it for legal compliance or accuracy.

13.12.2

Klickerr assumes no responsibility or guarantee for the correctness, completeness, timeliness, reliability, authenticity, compliance with the law, data protection compliance, freedom from third-party rights violations or virus-free content of other websites or their content, or a social media profile of a user to which reference is made by means of a link within the application's content, in particular the public profile and the product display of a user, regardless of whether the content is Klickerr content or user content.

13.12.3

The user assures that the contents of his/her social media profiles or homepage to which he/she links in his/her public profile do not violate any legal or other regulations or rights of third parties. Furthermore, the user assures that his/her homepage, to which he/she links in his/her public profile, does not violate any legal, data protection or other provisions or rights of third parties. If, however, violations of the law are detected, Klickerr cannot be held liable for any damages and/or claims resulting therefrom or be prosecuted in any other way for lack of knowledge and obligation to check their content and/or their data protection practices. The user shall indemnify and hold Klickerr harmless against all resulting claims.

13.12.4

Klickerr is not accountable for the privacy practices or data protection compliance of linked websites or social networks.

13.12.5

Klickerr accepts no liability for damage or malfunctions caused by downloading, storing or using community content, such as in particular images, pdfs, text files, etc..

13.13 No application of California Civil Code Section No. 1542:
13.13.1

If the user is resident in California, the user hereby expressly waives the application of California Civil Code Section No. 1542, which contains the following provision with respect to the foregoing: "A general release from liability shall not apply to claims which the claimant is not aware of at the time when the release from liability is granted or which the user is entitled to. for which he/she does not assume that they exist in his/her favour and which, if he/she had known them, would have significantly influenced his/her agreement with the debtor.

14. Indicated prices, roundings, invoicing and taxes:

14.1 OLS prices:
14.1.1

The service provider is obliged to state the "total price" actually invoiced to the service consumer when creating an OLS in accordance with point 7.2.2.

"Total price" means the gross price in the local currency of the service provider (based on the information provided by his/her current country of residence in accordance with point 4.2.1 or his/her registered office in accordance with point 4.3.1) including the applicable value added tax (as far as applicable for the service provider), any other taxes, duties and fees as well as the Klickerr fee according to point 15.1. When determining the total price of an OLS offered, the service provider must therefore take into account that the amount paid to him/her is reduced by the Klickerr fee according to point 15.1.

14.1.2

The price of the OLS relevant for the service provider, which is displayed on the application for each individual OLS offered by him/her, is the total price according to point 14.1.1, which can be rounded after the determination of point 14.3 by Klickerr (referred to as the "total service provider price").

The reference for the price of the OLS, which applies to the service provider and which forms the basis for the Klickerr fee and payments (see point 15.1), is the total service provider price. This represents the total price rounded according to the provisions of point 14.3.1.

14.1.3

The price relevant for the service consumer, which is deemed agreed for the OLS and is to be paid by the service consumer in accordance with the provisions of point 15.2, is the total price according to point 14.1.1, which can be rounded by Klickerr after the determination of point 14.3 (referred to as the "total customer price"), converted into the currency of the service consumer using the reference exchange rate (see point 14.2.3.2).

The reference for the price of the OLS, which for the service consumer is the agreed price for a concluded service contract and is to be paid by the service consumer in accordance with the provisions of point 15.2, is the total price of the consumer. This represents the total price converted into the service consumer currency and rounded in accordance with the provisions of point 14.3.3, in accordance with the provisions of 14.2.3.

14.2 Foreign currencys/conversion by Kickerr:
14.2.1 Currency conversion by Klickerr:
14.2.1.1

Klickerr enables service providers to offer OLS in many countries around the world. This also implies that service providers and service consumers may have different payment and payout currencies. Klickerr has therefore integrated a currency converter into its application which automatically converts the total OLS price indicated by the service provider in its local currency ("service provider currency") (based on the details of its country of residence in accordance with point 4.2.1 or its company headquarters in accordance with point 4.3.1) into the national currency of the service consumer ("service consumer currency") (based on the details of its country of residence in accordance with point 4.2.1 or its company headquarters in accordance with point 4.3.1).

14.2.1.2

The "Total Consumer Price" shall be displayed to the service consumer in the service consumer currency only. The currency of the service consumer is the currency in which the service consumer has to pay the OLS according to point 15.2.2.

The service consumer currency for an OLS can differ from the respective service provider currency. The total OLS price specified by the service provider in his/her national currency is automatically converted (if the currencies are not identical) into the national currency of the service consumer (for the conversion, see point 14.2.3 in detail).

14.2.2 Currency restrictions:
14.2.2.1

The currencies available to users to make and receive payments may be limited and may not include the local currency for each geographic location indicated.

14.2.3 Currency conversion by Klickerr:
14.2.3.1

If the currency of the service consumer differs from the currency of the service provider, the currency will be converted into the currency of the consumer using the currency converter used by Klickerr on the basis of the so-called "reference exchange rate" (see point 14.2.3.2).

The service consumer only sees the total consumer price in the currency of the service consumer; the reference exchange rate and the markup for the OLS are not displayed.

14.2.3.2

The "reference exchange rate" is made up of various exchange rates calculated by banks in the foreign exchange market which have a significant influence on the international currency valuation. These banks include ABN Amro, ANZ, Barclays Capital, HSBC, JPMorgan, Deutsche Bank, Royal Bank of Canada, Standard Chartered, Santander and UBS. The reference exchange rate used by Klickerr is an average rate, which quantifies the average purchase and sale value of the currency to be converted.

14.2.3.3

The "surcharge" on the reference exchange rate used by Klickerr represents a fee for Klickerr's holding costs and foreign currency risks.

14.2.4 Fees incurred through credit card payment by the service consumer:
14.2.4.1

The user acknowledges that additional costs/fees may be incurred when paying the OLS by credit card, as the bank chosen by the user to pay the OLS (by credit card payment) may charge a fee (exchange-rate bank fees, bank commission for payment operations not carried out in the country of issue of the bank card, other bank commissions, etc.) and this must be borne by the user (see also point 15.2.2.4 for details).

14.3 Rounding:
14.3.1

Total prices (the total price according to point 14.1.1 as well as the total price converted into the currency of the service consumer by means of a reference exchange rate [see point 14.2.3]) will be rounded up or down by Klickerr to the nearest major unit in which the currency is denominated, at its discretion, provided that this foreign currency has an exchange rate of 1:40 (1 USD / 40 units of the foreign currency) to the US dollar ("USD") (e.g. to the nearest US dollar, euro or other supported currency; for example, Klickerr will round an amount from $101.50 to $102). Some foreign currencies are expressed in high amounts, so Klickerr reserves the right to display foreign currencies only in certain main units (in 10, 100 or 1,000 currency units of the foreign currency).

14.4 Payment information, booking information, payment confirmation:
14.4.1 Payment information, booking information, cancellation information - invoicing for the Klickerr fee for service providers with entrepreneurial status:
14.4.1.1

Once the OLS has been paid (see point 15.2.2), both the service consumer and the service provider will receive a payment information from Klickerr ("Payment Info"). The payment information includes (i) the relevant information on Klickerr, (ii) the key data of the booked OLS (order number and date of issue, name/company name of the service consumer and his/her country/company headquarters, short name of the OLS, name/company name of the service provider and his/her country/company headquarters, date and time details regarding the OLS to be carried out) and (iii) a breakdown of the payment details (method of payment and price of the OLS according to point 14.1.2 [service provider] or 14.1.3 [service consumer]). If the service provider is a user with entrepreneurial status, the payment information also shows the exact geographical address of his/her company headquarters.

14.4.1.2

After completing the OLS via Live Video Chat, both the service consumer and the service provider will receive booking information from Klickerr ("Booking Info" for short). The booking information includes (i) the relevant information on Klickerr, (ii) the key data of the booked OLS (unique invoice number and date of issue, name/company name of the service consumer and his/her country/company headquarters, short name of the OLS, name/company name of the service provider and his/her country/company headquarters, date and time details regarding the provision of the OLS) and (iii) an exact breakdown of the payment details (method of payment, price of the OLS according to point 14.1.2 [service provider] or 14.1.3 [service consumer], in the case of service providers also the broken down Klickerr fee according to point 15.1.2.1 and the amount paid out). If the service provider is a user with entrepreneurial status, the booking information also shows the exact geographical address of his/her company headquarters.

14.4.1.3

The service provider and the service consumer shall also receive information as described in point 14.4.1.2 when cancelling an OLS in accordance with point 15.3.2.1 and 15.3.2.2 ("Cancellation Info").

14.4.1.4

The booking information described in point 14.4.1.2 and the cancellation information according to point 14.4.1.3 contain all necessary information that Klickerr considers necessary for issuing a legally compliant invoice regarding the Klickerr fee retained by Klickerr according to point 15.1.1 (broken down by "OLS fee" and fixed costs; see point 15.1.2.1) to a service provider with entrepreneurial status according to Austrian law (applicable to Klickerr).

14.4.1.5

A booking info/cancellation info showing the Klickerr fee withheld will be issued in this currency according to the details of the service provider's country of residence in accordance with point 4.2.1 or its registered office in accordance with point 4.3.1.

14.4.1.6

Any booking info/cancellation information which serves a service provider simultaneously as an invoice for the Klickerr fee retained by Klickerr (broken down into "OLS fee" and fixed costs; see point 15.1.2.1) is deemed accepted by the service provider if the service provider does not reject it within 30 days from the date of provision (after payment of the OLS in the Klickerr account under "past bookings" or "cancelled bookings").

14.4.1.7

If the service provider is a user with entrepreneurial status in the European Union (except Austria) and Klickerr has been provided with a valid sales tax identification number by the latter, Klickerr will not charge any sales tax on the Klickerr fees due (see point 15.1.3).

14.4.1.8

In the event that a user with the entrepreneurial status has provided Klickerr with an invalid VAT identification number, Klickerr reserves the right to demand the entire amount of VAT not previously invoiced from this user.

14.4.1.9

The user (in particular users with entrepreneurial status) agrees and consents to that the booking information according to point 14.4.1.2 and the cancellation information according to point 14.4.1.3, which serve a service provider simultaneously as invoice for the Klickerr fee retained by Klickerr, to receive electronically and in a format specified by Klickerr and on a transmission path specified by Klickerr, for example in the Klickerr account in the "My bookings" area, where they can also be printed.

14.4.1.10

Klickerr is permitted to store and use the payment information, booking information and cancellation information and the information contained therein, insofar as this is necessary.

14.4.2 Invoicing for concluded service contracts:
14.4.2.1

Klickerr is purely a provider of digital communication channels and does not offer or perform OLS itself. Klickerr is not involved in a service contract and therefore never a contractual partner of an OLS (see point 2.3). For this reason, Klickerr does not issue an invoice to the service consumer for a concluded service contract. However, the service consumer receives booking information in accordance with point 14.4.1.2.

14.4.2.2

Where applicable, the service provider shall provide the service consumer with a corresponding legally compliant invoice based on the underlying service contract for the OLS performed on the platform.

The service provider shall ensure that the service consumer is provided with a legally compliant invoice for an OLS carried out by him/her, insofar as he/she is legally obliged to do so.

14.4.2.3

Klickerr has no influence on the issuing of a proper invoice in accordance with point 14.4.2 and therefore rejects any claims existing in this context.

14.4.3 Payment confirmation:
14.4.3.1

After payment of the OLS (see point 15.2) both the service consumer and the service provider receive a payment confirmation from Klickerr in which (i) all relevant information on the booked OLS and its underlying contractual conditions, (ii) the users involved, (iii) the technical requirements for the implementation of the OLS and - if it concerns a service contract concluded between a user with entrepreneurial status and a user without entrepreneurial status - (iv) information on revocation/cancellation (including withdrawal form) are stated. The payment confirmation of the service provider shows the price of the OLS according to point 14.1.2 (total service provider price); the payment confirmation of the service consumer shows the price of the OLS according to point 14.1.3 (total service consumer price).

14.4.3.2

All information provided in the payment confirmation - with the exception of the technical requirements for the execution of the OLS - is based on the information provided by the service provider which the service provider has provided or uploaded to the application in accordance with points 4.3.1 (company data at registration), 4.6.3 (additional company data), 5.8 (company GTC) and 7.2 (OLS content). Klickerr is not obliged to check the correctness and completeness of the information provided (with the exception of information verified in accordance with point 4.3.5). Missing or insufficient information in the payment confirmation are due to the service provider and the service provider is solely responsible for this.

14.4.3.3

The payment confirmations, which are transmitted to the service consumer, show the total service consumer price as price in accordance with point 14.1.3.

If the currency of the consumer of the service differs from the currency of the service provider and a conversion according to points 14.2.1 and 14.2.3 has therefore occurred, the reference exchange rate according to point 14.2.3.2 is not shown on the payment confirmation, but only the total service consumer price.

14.5 Taxes:
14.5.1

The service provider is responsible for the payment and transfer of the applicable taxes on OLS carried out, together with the submission of all relevant VAT and Intrastat notifications as well as the summary reports and the issue of VAT invoices/credit notes, if necessary, in accordance with the respective country-specific tax legislation. "Taxes" means any mandatory duties, sales taxes (including Australian Goods and Services Tax), value added tax, turnover tax or other taxes imposed on OLS offered. Before an OLS is published online, the service provider is obliged to find out whether and to what extent such taxes are incurred in his country of origin and how they are to be paid.

14.5.2

Klickerr is not responsible for collecting, declaring, paying or transferring to the User any taxes that may be due in accordance with point 14.5.1. Klickerr does not assume any obligations or responsibility for the correct, proper and timely expulsion and payment of any taxes by the service provider. The service provider is solely responsible for the tax identification and declaration obligations that apply to him/her. Klickerr does not offer any tax consulting services.

14.5.3

Unless stated otherwise by Klickerr, the Klickerr fee which the service provider has to pay according to point 15.1 is exclusive of VAT (see points 14.4.1.7 and 15.1.3.2). If for the service provider should incur taxes and fees for the Klickerr fee, the service provider must pay these.

14.5.4

Due to country-specific or international tax regulations or rules, Klickerr is permitted, in connection with the use of this application, to obtain suitable, individual tax information from the users at any time and if the users have made all the necessary information available to Klickerr, this should be requested by Klickerr.

15. Fees; payment, payout, withdrawals and refunds; cancellation:

15.1 Klickerr fee, OLS fee and fixed costs:
15.1.1 General information about the Klickerr fee, arising:
15.1.1.1

The general use of the application is free of charge for users (see also point 3.7).

Klickerr's claim to a Klickerr fee arises and becomes due as soon as a service contract has been concluded between the service consumer and service provider and the OLS on which this service contract is based has been carried out in Live Video Chat. A Klickerr fee will also be charged if the service consumer does not appear at the OLS (see point 15.3.3.2) or if there is a sole abuse report by the service provider (see point 17.2.4.2). The Klickerr fee will be paid to Klickerr according to point 15.1.2.2.

15.1.2 Calculation of the Klickerr fee and payment by the service provider:
15.1.2.1

Klickerr charges a percentage fee of the total service provider price (this percentage fee is called "OLS fee") as well as a fixed flat fee independent of the total service provider price (this flat fee is called "fixed costs"). The applicable OLS fee and the fixed costs can be found on the "Help page" in the "Klickerr Fees" section.

15.1.2.2

The service provider must include the Klickerr fee in the calculation of the total price (see point 14.1.1).

The Klickerr fee is automatically deducted from the total service provider price by the external payment provider Stripe used by Klickerr as part of payment processing and transferred directly to Klickerr. The difference is paid by Stripe to the service provider (see point 15.2).

15.1.3 Value added tax on the Klickerr fee:
15.1.3.1

For service providers with a consumer account (users without entrepreneurial status) the following applies: If the service provider is a user without entrepreneurial status, Klickerr will not charge VAT on the Klickerr fees due, provided that the service provider with entrepreneurial status does not have a branch in Austria (here 20% VAT is due).

15.1.3.2

For service providers with an entrepreneur account (users with entrepreneurial status) the following applies: If the service provider is a company based in the European Union and Klickerr has been given a valid VAT identification number in accordance with the provisions of point 4.3.1, Klickerr will not charge VAT on the Klickerr fees due, provided that the service provider with entrepreneurial status does not have its branch in Austria (here 20% VAT is due).

15.1.4 Prohibition of evasion of the Klickerr fee:
15.1.4.1

A circumvention of the Klickerr fee by the user is prohibited and can be prosecuted. Further provisions regarding the prohibition of circumvention can be found in point 16.1.

15.2 Payment, payout, withdrawals and refunds:
15.2.1 Payment processing by the payment provider Stripe:
15.2.1.1

All payments are processed by the external payment service provider Stripe Inc. 185 Berry Street, Suite 550, San Francisco, CA 94110, USA ("Stripe"). Users can find out more about the external payment service provider Stripe at https://stripe.com/at.

The users (service providers as well as service consumers) agree that the entire payment processing (including transfer of the Klickerr fee) is carried out by the external payment provider Stripe.

15.2.1.2

Payment processing is subject to the Stripe (Stripe Connected Account Agreement; for more information see https://stripe.com/at/connect-account/legal), the Stripe Services Agreement - Austria (for more information see https://stripe.com/at/legal) and the Stripe Privacy Policy (https://stripe.com/at/privacy). These three provisions are summarized below under the collective term "Stripe Services Agreement".

The Stripe Services Agreement applies to payment/payout processing; the user hereby acknowledges and accepts these conditions.

15.2.1.3

During payment processing by Stripe, no sensitive customer data is stored on Klickerr's servers. Klickerr does not process or store credit card data. All payments are processed directly via the secure Stripe platform. Further information on security at Stripe can be found at https://stripe.com/docs/security/stripe.

15.2.2 Payment of an OLS by the service consumer:
15.2.2.1

After an agreement of intent has been reached between the service consumer and service provider regarding the booking and execution of an OLS in accordance with points 8.2.2.1 and 8.2.2.2, the service consumer initiates the payment process by pressing the "Buy Now" button. In such a case, the service consumer agrees to pay the total service consumer price of the OLS according to point 14.1.3.

15.2.2.2

Payment of the OLS is made by credit card through the external payment provider Stripe integrated into the application by Klickerr. The following credit cards are supported: VISA, MASTERCARD, AMERICAN EXPRESS. The following credit cards are only supported in US Dollar: JCB, DISCOVER and DINERS CLUB. No registration of the service consumer with this third party is necessary for payment.

15.2.2.3

After pressing the button "Buy now", the service consumer automatically gets to the secure payment form of the external payment provider Stripe within the Klickerr chat. The service consumer must legitimize him/herself as a legal cardholder (for example by entering the name, the credit card number, the expiry date and the cryptogram with 3 digits (CVV code) of his/her credit card). The data is encrypted with AES-256 and is not accessible to unauthorized persons (more information on this can be found at https://stripe.com/docs/security/stripe). After the final confirmation of the payment by pressing the button " Buy now " Stripe asks the credit card company of the service consumer to initiate the payment transaction. The payment transaction is carried out automatically by Stripe and the card of the service consumer is debited. This completes the payment process for the service consumer. The total service consumer price collected by Stripe from the service consumer when paying the OLS will be deposited by Stripe directly to a personal Stripe-Wallet (of the service provider) that is automatically set up or activated for the service provider. The personal Stripe-Wallet is an electronic money account which is managed by Stripe in trust for the service consumer. From this wallet, the service provider can request payments/payouts to the bank account specified by him/her if the credit balance is sufficient.

The service consumer hereby authorizes the external payment provider Stripe to collect the total service consumer price from the service consumer's credit card company in accordance with the provisions of the "Stripe Services Agreement" before the booked OLS is executed.

15.2.2.4

Klickerr only receives confirmation of payment from Stripe and has no access to the credit card details of the service consumer!

Any charges arising from payment by credit card (exchange-rate bank charges, bank commission for payment operations not carried out in the country of issue of the bank card, other bank commissions, etc.) shall be borne by the service consumer.

These fees correspond to the possible fees that are charged exclusively by the bank of the service consumer for the use of his/her credit card. Klickerr declines any liability in this regard.

15.2.3 Payouts and refunds to the service consumer:
15.2.3.1

The Service consumer assigns to Stripe his/her payment claims arising in the event of a circumstance under 9.5.2.3, 15.3.2.1 (if the cancellation was made in the manner described in 15.3.2.4), 15.3.2.2, 15.3.3.1 and 15.3.3.3.3, and an abuse report under 17.2.4.1 and 17.2.4.3. The service provider and the service consumer agree that, notwithstanding that Stripe is not a party to the service agreement between the service consumer and the service provider, Stripe shall indemnify the service provider as the service provider's representative for payment/payout in the event of any circumstance under point 9.5.2.3, point 15.3.2.1 (if the cancellation was made in the manner described in point 15.3.2.4), points 15.3.2.2, 15.3.3.1 and 15.3.3.3, and an abuse report in accordance with points 17.2.4.1 and 17.2.4.3 to the service consumer. Stripe is responsible that the payment/payout of the amounts according to point 9.5.2.3, point 15.3.2.1 (if the cancellation was made in the manner described in point 15.3.2.4), point 15.3.2.2, point 15.3.3.1 and Section 15.3.3.3, as well as an abuse report in accordance with Section 17.2.4.1 and 17.2.4.3 (less a possible Klickerr fee) are made from the personal Stripe wallet of the service provider to the service consumer. Such reimbursement shall be made exclusively via the payment method chosen by the party requesting the service at the time of payment. Upon payment of these amounts by Stripe, the obligation of the service provider to pay the service consumer shall expire. If Stripe does not pay/payout such amounts as described in these Terms and Conditions, the service consumer can only indemnify Stripe only.

15.2.3.2

If the currency of the service consumer currency differs from the currency of the service provider when concluding the service contract and therefore a conversion into the currency of the service consumer currency using the currency converter used by Klickerr on the basis of the reference exchange rate (see point 14.2.3.2), the return transfer to the service consumer shall be made on the basis of a circumstance as stated in point 15.2.3.1 using the same reference exchange rate (see point 14.2.3.2) as that applied to the previous payment of the service consumer.

15.2.4 Payouts and refunds to the service provider (consumer account and entrepreneur account):
15.2.4.1

The service provider (user with a consumer account as well as user with an entrepreneur account) assigns his/her payment claims to Stripe. In the event of assignment, Stripe may only be provided with debt-discharging effect. Stripe collects the total service consumer price of an OLS from the specified credit card account of the service consumer pursuant to point 15.2.2 in order to pay it directly to a personal Stripe Wallet automatically set up or activated for the service provider in accordance with the provisions of these GTC and subsequently pay it to the bank account specified by the service provider (in accordance with the provisions of points 15.2.4.2, 15.2.4.3 and 15.2.5). The service consumer agrees that, notwithstanding Stripe is not a party to the agreement between the service consumer and the service provider, Stripe will act for the service provider as the service provider's representative to collect the total service consumer price or any other claims due to the service provider pursuant to point 15.3.3.2 or an abuse report pursuant to point 17.2.4.2. Upon payment of the total service consumer price to Stripe, the obligation of the service consumer to pay the total service provider price for finalized OLS or amounts due to the service provider on the basis of points 15.3.3.2 or 17.2.4.2 to the service provider expires. Stripe is responsible for the payment of such amounts (less any Klickerr fees) from the service provider's personal stripe wallet to the service provider as described in these TOS. If Stripe does not pay such amounts as described in these terms and conditions, the service provider can only indemnify Stripe only.

15.2.4.2

In the run-up to payments pursuant to point 15.2.4.1, it may be necessary for the user to provide specific identification information for an in-depth review.

Stripe is permitted under the Stripe Service Agreement, the validity of which the service consumer has accepted and acknowledged, to request further information about the service consumer during processing and before making payments/payouts pursuant to point 15.2.4.1 in order to comply with money transfer security guidelines and to ensure prevention against crime financing and the like ("Prevention Information").

Prevention information includes, for example, requesting a digital copy of a valid passport or country-specific identification numbers. The prevention information requested by Stripe will be requested from the Klickerr user for subsequent transmission to Stripe. The prevention information belongs to the group of "private user data”.

15.2.4.3

Payout amounts available at the time of an in-depth inspection by Stripe pursuant to point 15.2.4.2 shall be secured for the service provider at Stripe until the service provider provides the requested prevention information. Once the requested information has been received and positively verified, the withdrawal/payout/refund will be released. The user is obliged to provide only truthful and complete prevention information.

If no truthful and complete prevention information according to point 15.2.4.2 is transmitted, no payment can be made to the service provider.

15.2.5 Special regulations regarding payments and refunds to service providers with a consumer account:
15.2.5.1

The creation of a service provider profile for users with a consumer account is possible without entering information that goes beyond the data requested during registration (see point 5.4.1). However, payment of the total service provider price for finalised OLS minus the Klickerr fee can only be made if the service provider without entrepreneurial status discloses payout-specific data.

Users without entrepreneurial status with a service provider profile have to enter additional information or make data available to Klickerr - independent of the provisions of points 15.2.4.2 and 15.2.4.3 - so that the total service provider price for finalised OLS less the Klickerr fee can be paid out ("payment-specific data").

The payout-specific data is entered in the consumer account under "Dashboard" by pressing the button "Enter bank account". The data required for the payout, which must be provided or uploaded by the user without entrepreneurial status, are: the exact residential address (city/town, street, house number, postcode), the date of birth and country-specific payment information (e.g. IBAN). These data belong to the group of "private user data”.

15.2.5.2

The user without entrepreneurial status is obliged to transmit only truthful and complete information and data.

If no truthful and complete payout-specific data according to point 15.2.5.1 is transmitted, no payout can be made to the service provider.

15.2.5.3

In connection with the disclosure of payout-specific data, the user without the entrepreneurial status, Klickerr is entitled to carry out all investigations that Klickerr deems necessary for authentication or verification of identity or for fraud prevention, either directly or through third parties (e.g. stripe) ("verification").

"Verification" includes verification of the "core user data" group data provided during registration as well as the "payment-specific data" (which belong to the "private user data" group) and the comparison of the information provided by the service provider with third-party databases. Only after a positive check is a payout made by the external payment provider Stripe. If the verification is negative, the user without entrepreneurial status has to provide the data listed in point 15.2.5.1 again and the procedure is repeated according to point 15.2.5.3.

15.2.5.4

A User without entrepreneurial status may not delete or edit the payout-specific data pursuant to point 15.2.5.1 without further verification.

To change the payment-specific data, the user without entrepreneurial status must contact Klickerr (Klickerr's current contact information can be called up on the application under the menu item "Imprint") and inform the application of the desired changes. In such a case, repeated verification in accordance with point 15.2.5.3 is mandatory ("re-verification").

15.2.6 Period of payout and refund by Stripe:
15.2.6.1

After finalisation of the OLS (see 8.6.2), the corresponding payouts or refunds to the service provider or the service consumer are usually made by the payment provider Stripe within seven working days.

15.2.6.2

Stripe will only pass on payments that have previously been successfully collected from the service consumer's credit card account. Klickerr assumes no liability for damages that may result from a delay in payments and refunds.

15.2.7 Refunds in the event of a justified withdrawal/cancellation after the OLS has been carried out or in the event of a withdrawal/cancellation without using the "Cancel service" button:
15.2.7.1

Except as otherwise provided in these GTC (see point 15.3.2.7), the service provider shall determine and calculate the amount of all refunds, other reimbursements (including all taxes and processing fees to be refunded and other amounts, such as the Klickerr fee) and other amounts in connection with service contracts cancelled by the service consumer, and shall ensure that the service consumer receives a legally compliant reversal of the service contract.

This may occur if the service consumer justifiably declares his/her withdrawal/cancellation from the service contract after the OLS has been carried out (e.g. if the service provider does not or only incompletely fulfil his/her legal obligations to provide information according to point 4.6.3) or the service consumer does not declare his/her withdrawal/cancellation in the way specified in point 15.3.2.4.

15.2.7.2

The service provider is obliged to make refunds and other reimbursements (which he/she is obliged to make in accordance with the applicable GTC with regard to refunds and cancellations or by law) immediately but in any case not later than 14 (in words fourteen) days after the obligation arises and in doing so to comply with all legal provisions that apply to him/her.

15.3 Postponement and cancellation of OLS, non-appearance of users, interruptions and cancellations of live video chat by users:
15.3.1 Postponements of OLS:
15.3.1.1

After an offer confirmation of the service provider in the case of an offer inquiry initiated by the service consumer pursuant to point 8.2.2.1 or the execution of the payment process pursuant to point 15.2.2 in the case of a service provider inquiry initiated by the service provider pursuant to point 8.2.2.2, it is not possible for either the service provider or the service consumer to postpone the start of the agreed time of the OLS execution. In order to change the start time of an OLS from this stage on, the OLS must be cancelled in the Klickerr Chat (no fees will be charged for this) and a corresponding service contract with a different start time must subsequently be concluded again in accordance with the provisions of point 8.2.2.

15.3.2 Cancellation of OLS:
15.3.2.1

Cancellation of the service contract or an OLS on the application is possible without restriction and at no cost until the time of full execution. Both the service consumer and the service provider can cancel the OLS or the service contract from the time of an offer request of the service consumer according to point 8.2.2.1 or a service provider request of the service provider according to point 8.2.2.2 until the planned end of the booked OLS or until the time of the complete provision of the OLS via the Klickerr chat (see point 15.3.2.4).

Both the service provider and the service consumer - irrespective of whether they are users with or without entrepreneurial status - have the right to cancel the OLS at any time up to the planned end of the booked OLS or the complete performance of the OLS (also during the execution).

15.3.2.2

Klickerr also has the right to cancel OLS in accordance with the provisions of points 5.3.1 and 6.5.2 of these GTC until the start of the agreed time for the OLS to be conducted. Cancellation by Klickerr is also possible if the requirements of points 15.3.3.3.1 and 15.3.3.3.3 are met. Finally, cancellation is also possible in the event of cancellation or blocking by Klickerr (see point 21.4).

15.3.2.3

In the event of a cancellation of an OLS by the service provider, the service consumer or Klickerr, the entire total price will be reimbursed to the service consumer.

In such a case there is no Klickerr fee according to point 15.1.2 and therefore no costs arise neither for the service provider nor for the service consumer.

15.3.2.4

Cancellation according to point 15.3.2.1 can be carried out by the service consumer and the service provider in the corresponding Klickerr chat via the "Cancel offer" button.

15.3.2.5

Cancellations made or carried out by a service consumer without entrepreneurial status to a service provider with entrepreneurial status in the manner described in point 15.3.2.4 shall also be considered as withdrawal/cancellation to the service provider with entrepreneurial status.

15.3.2.6

The service consumer without entrepreneurial status is not obliged towards a service provider with entrepreneurial status to cancel his/her service contract according to point 15.3.2.4 and thus declare his/her withdrawal/cancellation.

The service consumer without entrepreneurial status is also entitled to declare his/her decision to revoke a concluded service contract by other clear declaration to the service provider with entrepreneurial status than that described in point 15.3.2.4.

He/she can find the relevant information directly at the OLS of the service provider and in the payment confirmation (see point 14.4.3).

15.3.2.7

If a cancellation pursuant to pint 15.3.2.1 is made in the manner described in point 15.3.2.4 or if a cancellation pursuant to point 15.3.2.2 exists, the total service consumer price will be refunded by the external payment provider Stripe in accordance with the provisions of point 15.2.3. If, on the other hand, a service consumer without entrepreneurial status declares his/her withdrawal/cancellation in the manner described in point 15.3.2.6, the service provider with entrepreneurial status is solely responsible for the legally compliant reversal of the service contract and point 15.2.7 shall apply.

15.3.3 Non-appearance of users to the OLS:
15.3.3.1

If a service provider does not appear at the agreed time to conduct the OLS, the service contract will be cancelled free of charge and the entire total service consumer price will be reimbursed to the service consumer. A service provider will not appear at the agreed time to conduct the OLS if he/she does not click the link to activate the Live Video Chat at the latest 10 (in words ten) minutes after the agreed time of the OLS. Prerequisite for a free cancellation according to this point is that the service consumer has entered the Live Video Chat or activated the link according to point 8.4 at the beginning of the agreed time of OLS execution at the latest and remains there for at least 10 (in words ten) minutes without leaving the Live Video Chat (after the ten minutes have expired he/she can leave the Live Video Chat), and the service provider him/herself has not activated the link to activate the Live Video Chat in the first 10 (in words ten) minutes. If the above conditions are met, Klickerr will automatically cancel the service contract 16 (in words sixteen) minutes after the planned end of the booked OLS, and point 15.3.2.3 will apply. The service consumer also has the option of cancelling the service contract or the OLS in the manner described in point 15.3.2.4. In this case, the provisions of point 15.3.2 apply. The possibility according to point 15.3.2.6 may also be open to a service consumer without entrepreneurial status.

15.3.3.2

If a service consumer does not appear at the OLS, then a positive execution of the OLS will be accepted and the total service provider price minus the Klickerr fee will be transferred to the service provider; the service consumer will not receive a refund of the total service consumer price paid. A service consumer does not appear at the OLS if he/she does not enter the Live Video Chat for the entire duration of the OLS or activates the link according to point 8.4. The service provider must click on the link to activate the Live Video Chat and be present in the Live Video Chat for the entire duration of the OLS (calculated from the start of the agreed time of OLS execution) and is obliged to perform or provide only a part of the booked OLS. Example: If the service consumer arrives for a booked OLS, which takes 50 (in words fifty) minutes, 30 (in words thirty) minutes late in the Live Video Chat, the service provider must perform or provide the OLS for the remaining booked duration of 20 (in words twenty) minutes. If a withdrawal/cancellation in accordance with point 15.3.2.6 has been declared within the time limit of the OLS by the service consumer without entrepreneurial status - in such a constellation, the service provider with entrepreneurial status is solely responsible for the legally compliant reversal of the service contract and point 15.2.7 shall apply.

15.3.3.3

Should both the service provider and the service consumer not appear at the OLS at the agreed time, Klickerr will automatically cancel the service contract and Point 15.3.2.3 shall apply. A service consumer and service provider do not appear at the OLS if both do not enter the Live Video Chat for the entire duration of the OLS or activate the link according to point 8.4.

15.3.3.4

If a case of points 15.3.3.1 or 15.3.3.3 exists, the total service consumer price will be refunded by the external payment provider Stripe in accordance with the provisions of point 15.2.3. If a case of point 15.3.3.2 exists, the total service provider price minus the Klickerr fee will be transferred by the external payment provider Stripe in accordance with the provisions of point 15.2.4.

16. Prohibition of circumvention, exclusivity:

16.1 Prohibition of circumvention:
16.1.1

If a user places an OLS online on the application, service providers and service consumers are obliged to conclude a service contract for the application relating to this OLS. The user undertakes not to carry out OLS without bypassing the application and not without payment of the Klickerr fee in accordance with point 15.1. The indication of a too low price for the OLS, which is to serve a reduction of the Klickerr fee, is also regarded as a circumvention in violation of the contract.

16.1.2

Should another user request the conclusion of a service contract contrary to the provisions of point 16.1.1, this request for circumvention shall be rejected and reference shall be made to the proper conclusion of the contract via the application. Users are required to inform Klickerr immediately of requests for circumvention by e-mail to office@klickerr.com.

16.1.3

Communication with other users via OLS placed online on the application may only take place via the Klickerr chat. Users are obliged to enter their contact information only in the fields provided for this purpose in their Klickerr account and not in other fields that can be viewed, such as in particular in the text field "About Me" (see point 5.4) or the text field "Product details" (see point 7.3), regardless of the form.

16.2 Exclusivity:
16.2.1

In the event that the users conclude a service contract via the application, the users also undertake to conclude (follow-up) service contracts with the same users for a period of 12 (in words twelve) months after conclusion of the first service contract, only via the application. If the application is not available to the users within this period, e.g. because a user has terminated the contractual relationship (see point 21.2), the users undertake to notify Klickerr immediately of the conclusion of a (subsequent) service contract, stating the order amount of the (subsequent) service contract.

17. Rating and reporting of OLS on the application:

17.1 Rating of an OLS:
17.1.1

Klickerr provides an evaluation/rating system on its application. The evaluation/rating system gives users the opportunity to get an idea of the reliability of users and the quality of OLS execution. For this reason, service consumers can evaluate the service provider 10 (in words ten) minutes after the planned duration of the OLS. An evaluation/rating is possible up to 36 (in words thirty-six) hours after the planned duration of the OLS. Service providers currently have no possibility of evaluating service consumers.

17.1.2

Service consumers are obliged to provide their rating truthfully and as balanced and objective as possible and to keep it factual and respectful. A general check of the ratings/evaluations by Klickerr does not take place.

17.1.3

In addition to the provisions of point 17.1.1, an evaluation may also be submitted by the service consumer if the service provider according to point 15.3.3.1 does not appear at the agreed time of OLS execution.

17.1.4

Users have the possibility of informing Klickerr if there are reasonable and justified doubts about the correctness of a given evaluation in the sense of point 17.1.2. In such a case, Klickerr is entitled, but not obliged, to delete the evaluation/rating entry in question without prior notification. Furthermore, Klickerr reserves the right to delete ratings and/or block the user for a specific or indefinite period of time if the user's ratings or rating replicas violate the criteria listed in point 6.3 lit a.) to e.) in particular. Klickerr will never moderate ratings given by users between users, nor is Klickerr encouraged to do so.

17.2 Complaint and abuse report of an OLS:

Klickerr takes the observance of its General Terms and Conditions and in particular the observance of the regulations for the prescribed use of the Klickerr account and the services/applications integrated therein (see point 6) extremely seriously and thoroughly investigates the Klickerr reported violations of these General Terms and Conditions.

17.2.1 Complaint:
17.2.1.1

If the user witnesses an illegality or a violation of these GTCs, he/she can inform Klickerr by e-mail to office@klickerr.com (hereinafter referred to as "Complaint Report"). It is at Klickerr's discretion whether the conduct stated in such a complaint-report represents a violation of these GTCs and whether action is required. If Klickerr sees no need for action, this does not mean a waiver of future action.

17.2.2 Report of abuse:
17.2.2.1

In addition, both the service consumer and the service provider have 10 (in words ten) minutes after the planned duration of the OLS performed via Live Video Chat has expired the opportunity to submit an "abuse report". The service consumer can only submit an abuse report instead of submitting a rating in accordance with point 17.1, but not a rating and an abuse report. An abuse report is only possible up to a maximum of one hour after the expiry of the planned duration of the OLS; the service consumer and the service provider have a total of 50 (in words fifty) minutes to submit an abuse report. An abuse report is only admissible if a serious violation of the conditions and criteria stated in point 6.2 lit b.), d.), p.), q.) and r.) has occurred during the implementation of the OLS. Cancellation by the contractual partner does not entitle the other contractual partner to a report of abuse.

17.2.3 Submission of an abuse report:
17.2.3.1

In order to avoid erroneous or deliberately false reports, Klickerr offers an appropriate form on its application for orientation when sending an abuse report. If the user presses the "Report abuse" button within the Klickerr chat, a window opens with a selection option for clicking on the abuse messages specified in the text. The service consumer can select a corresponding abuse report from these options or write one him/herself.

17.2.3.2

In order to submit the abuse report, the user must then press the "Report abuse" button again, confirming its input. If the user presses the "Back" key, the abuse report is canceled. In such a case, the user returns to the Klickerr chat. In such a case, the total service provider price of the OLS minus the Klickerr fee will be transferred to the service provider; the service consumer will not receive a refund of the total service consumer price paid.

17.2.4 Consequences of an abuse report by the service consumer, the service provider or by both:
17.2.4.1

In the event of a sole report of misuse by the service consumer, the entire total consumer price of the OLS shall be reimbursed to the service consumer; in this case the service provider shall have no claim to the total service provider price or any part thereof. In the event of an abuse report by the service consumer, no Klickerr fee will be charged or deducted.

17.2.4.2

In the event that the service provider reports abuse only, the total service provider price of the OLS less the Klickerr fee will be transferred to the service provider; the service consumer will not receive a refund of the total consumer price paid.

17.2.4.3

In the event of a report of misuse by both the service consumer and the service provider, the entire total consumer price of the OLS shall be reimbursed to the service consumer and in this case the service provider shall have no claim to the total service provider price or any part thereof. In the event of a report of abuse by both the service consumer and the service provider, no Klickerr fee will be charged or deducted.

17.2.4.4

If a case of points 17.2.4.1 or 17.2.4.3 is present, the total service consumer price will be refunded by the external payment provider Stripe in accordance with the provisions of point 15.2.3. If there is a case of point 17.2.4.2, the total service provider price minus the Klickerr fee will be transferred by the external payment provider Stripe in accordance with the provisions of point 15.2.4.

17.2.4.5

In the event of a report of abuse, Klickerr is entitled at its own discretion - if necessary after an investigation of the incident - to block the two contractual partners of the service contract in relation to each other. The possibilities listed in points 4.5.2 and 6.5.2 are not affected by this provision and remain applicable in parallel.

17.2.4.6

If, after an investigation of the incident, Klicker determines that the service consumer has submitted an abuse report, although there is no serious violation of the conditions and criteria listed in point 6.2.2.2 lit b.), c.), d.), p.), q.) and r.), Klickerr can reduce the service provider's Klickerr fee for future service contracts concluded by the service provider in order to achieve an appropriate compensation for the loss of the overall service provider price in this way.

18. Communication between Klickerr and users:

18.1

The current contact information of Klickerr can be found on the application under the menu item "Imprint". The contact information of the user is the data given in his/her Klickerr account. Declarations sent to these contact details by e-mail are deemed to have been received at the time of dispatch, by post on the third day after dispatch, unless later receipt is proven. Declarations sent to the user via the Klickerr Chat are deemed to have been received in the same way as e-mails at the time of sending.

18.2

Subject to a proof to the contrary, a message via the Klickerr chat or an e-mail shall be deemed to originate from the owner of the sender's address.

The user acknowledges the effectiveness of messages via the Klickerr chat or via e-mail between him/her and Klickerr or other users as declarations of intent that are transmitted in an unrestrictedly effective manner and agrees to this procedure.

18.3

The user may not update the e-mail address provided during registration in his/her user profile. To change the e-mail address provided during registration, the user must contact Klickerr and inform Klickerr of the change in the e-mail address (see point 4.11.1). For users with entrepreneurial status, the provisions of point 5.6.1 (necessity of "re-verification") do not apply in the event of such a change to the e-mail address provided during registration.

18.4

The user shall update his/her e-mail address as often as necessary in the manner described in point 18.3 to ensure that it is correct.

19. Applicable law, place of jurisdiction, place of fulfilment and language:

19.1

The entire business relationship between Klickerr and the user as well as the legal relationships resulting from these GTC shall be governed by Austrian law to the exclusion of any reference norms of international private law and the norms of the UN convention on contracts for the international sale of goods.

19.2

Exclusive place of jurisdiction arising from or in connection with the contractual relationship, irrespective of which legal basis, even after the end of the contractual relationship, is the commercial court of Vienna, unless a different place of jurisdiction for consumers is mandatory according to consumer protection standards (here not exclusive place of jurisdiction)

.

The European Commission provides consumers with an online dispute resolution platform, which users can find at http://ec.europa.eu/consumers/odr/. Klickerr prefers to clarify concerns of users who are consumers in direct exchange and therefore does not participate in consumer arbitration procedures. The user is requested to contact Klickerr directly in case of questions and problems.

19.3

Place of fulfilment for all services of the business relationship between Klickerr and the users is the registered office of the A.P. Klickerr Ges.m.b.H. indicated in the imprint (https://klickerr.com/tos/imprint).

19.4

For all information and the entire contractual relationship and beyond, as well as communication between the user and Klickerr, the relevant language is German or English.

20. Modifications at Klickerr (terms and conditions, application, etc.):

20.1 Modification of the General Terms and Conditions by Klickerr
20.1.1

The application and the services/applications integrated therein are continuously improved. This means that these terms and conditions must also change or be updated from time to time. Klickerr reserves the right to change or update these General Terms and Conditions (including the regulation of Klickerr fees in accordance with point 15.1) at any time and at its own discretion. If such changes or updates are made, Klickerr will send the user an electronic notification ("Change Notification") at least two weeks before the change takes effect and at the same time publish the new General Terms and Conditions on the Klickerr website, which will be made visible to the user on the updated date "Last change" at the top of the General Terms and Conditions.

20.1.2

If the user does not object within two weeks after receipt of the notification of change, the amended GTC shall be deemed approved. The user is again informed of this consequence in the notification of change. Should the user object to the changed conditions, Klickerr reserves the right to exclude the user from using the application and the services/applications integrated therein and to delete his/her Klickerr account.

20.2 Control over the application, its services and applications:
20.2.1

As long as the user uses the application, the user agrees to download and install updates and extensions to this application and the services/applications included therein, including in an automatic manner.

20.2.2

Klickerr reserves the right to stop the operation of this application and the services/applications integrated therein or to restrict or to change the scope of functions at any time.

20.2.3

Notwithstanding the provisions of these GTC, Klickerr has the right, in its sole discretion, to determine the content, appearance, design, functionality and all other features of the application (this includes the right to determine the content, appearance, design, functionality and other features of the application as a whole as well as individual elements, aspects, parts or features [including all OLS listings] at any time, and to prevent or restrict access to the application) and to postpone or suspend, refuse or cancel a listing of individual or all OLS or to request the service provider not to offer some or all of its offered OLS on the application.

21. Termination of the contractual relationship:

21.1 General information on termination of the contractual relationship:
21.1.1

The contractual relationship between the user and Klickerr is concluded for an indefinite period. The possibility of terminating the contractual relationship depends on whether the user has an activated service provider profile or not.

21.2 Termination by the user:
21.2.1

Every user may terminate the contractual relationship at any time without observing a period of notice and without giving reasons. All the user has to do is to delete his/her Klickerr account by clicking on the "Delete user account" button in the "Settings" area under the "Edit profile" menu item and confirming this. No other form of termination (e.g. in text form) is provided for. The prerequisite for deleting the user account is that

  • no payments/payouts are outstanding by the payment provider Stripe; and
  • there are no open/active Klickerr chats and open OLS bookings with other users (the user must cancel/delete all Klickerr chats with other users and cancel booked OLS).

In the event of termination, Klickerr will delete all user data in accordance with the applicable legal provisions; renewed activation of the Klickerr account is no longer possible thereafter..

21.3 Termination by Klickerr:
21.3.1

Klickerr can terminate the contractual relationship with users without an activated service provider profile or with users with an activated service provider profile, with whom no OLS have been booked for the future (i.e. there are no concluded service contracts) at any time without observing a period of notice and without giving reasons.

21.3.2

For users with an activated service provider profile, with whom OLS have been booked but not yet executed (i.e. there are already concluded service contracts, which can be seen in the Klickerr account under the menu item "Bookings / Upcoming"), Klickerr can terminate the contractual relationship subject to a 4-week period of notice to the end of each month in accordance with point 18 (form of transmission of declarations).

21.3.3

Klickerr has the right to terminate the contract at any time without notice for good cause according to point 18 (form of transmission of declarations). Klickerr has an important reason to terminate this contract, especially in the case of breaches and violations of duty, which are listed in point 4.5.2 (including their references). In these cases Klickerr is also entitled to block the user with immediate effect for a certain or indefinite period without terminating the contract.

21.4 Procedure for booked but not yet executed OLS in case of cancellation or blocking by Klickerr:
21.4.1

In the case of termination of the contractual relationship according to point 21.3.1, any OLS already booked at this point in time, but not yet carried out (i.e. there are already concluded service contracts), will be cancelled by Klickerr and point 15.3.2.3 will apply.

21.4.2

In the case of termination of the contractual relationship pursuant to point 21.3.2, already concluded service contracts may still be carried out until termination of the contractual relationship. The conclusion of new service contracts is no longer possible for this user after the notice of termination has been given.

21.4.3

An extraordinary termination or suspension of the user pursuant to point 21.3.3 has the consequence that an OLS to which this user is a contracting party, regardless of its status (i.e. also during the execution of the OLS in the Live Video Chat), will be cancelled by Klickerr. In this case, point 15.3.2.3 applies.

21.5 Consequences of termination of the contract:
21.5.1

After termination of the contractual relationship, the user no longer has access to his/her Klickerr account or his/her user profiles and can no longer view data, messages, files or other user content stored on the application. Klickerr is both entitled to delete content and to irrevocably delete the Klickerr account.

21.5.2

Klickerr is entitled to inform other users of the termination of the contractual relationship with the user.

21.5.3

The user is prohibited from re-registering after an extraordinary cancellation or blocking by Klickerr in accordance with point 21.3.3.

21.5.4

All payments or refunds due to the user at the time of termination of the contractual relationship will be paid out to the user.

21.5.5

The provisions of point 16 remain unaffected by a termination of the contract and remain valid.

21.6 Right of withdrawal of the customer against Klickerr:

If the user is a customer within the meaning of § 1 par. 1 no. 1 and 2 KSchG, whereby he/she must also provide truthful information in this regard in accordance with points 4.1.5, 4.2.1 and 4.7.1.1, the following right of withdrawal applies to this user against Klickerr, whereby the right of termination by the user according to point 21.2 remains unaffected by this:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform A.P. Klickerr Ges.m.b.H., Alser Strasse 13/1/9, 1080 Vienna / AUSTRIA, office@klickerr.com, by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notice of your cancellation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. If you have requested that the services commence during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal under this contract compared to the total scope of the services provided for in the contract.

Expiry of the right of withdrawal

The customer hereby expressly agrees that the entrepreneur begins with the execution of the contract before expiry of the withdrawal period and hereby confirms that he/she is aware that he/she loses his/her right of withdrawal through this consent with the beginning of the execution of the contract.
End of the legal withdrawal policy admonition.


Withdrawal form

22. Out-of-court settlement of disputes:

22.1

In the event of legal problems arising in connection with a service contract, the user must provide the contractual partner with an appropriate justification for the claim or complaint via the Klickerr messaging center before conducting arbitration or legal proceedings. The contracting party is granted a 14-day period for comment and conflict resolution. Only after this period has expired may arbitration or legal proceedings be initiated by the party concerned. This clause does not apply if a consumer is involved in the service contract.

23. Miscellaneous:

23.1 Applicability of Klickerr's privacy policy:

In addition to these General Terms and Conditions, Klickerr's data protection declaration (privacy policy) as amended shall apply.

23.2 Feedback and suggestions:
23.2.1

The user agrees that any suggestions, comments, ideas, improvements or other forms of feedback or materials in connection with or relating to the application or the services/applications of third parties incorporated therein, which the user or a company associated with the user makes available to Klickerr, may be used, published, reproduced, modified, licensed, transmitted or otherwise distributed and commercially exploited by Klickerr in any way.

23.3 Change the name of the application:
23.3.1

Klickerr reserves the right to offer the application under a different name. A name change does not change existing contractual relationships that are transferred and remain valid after the name change.

23.4 Contract transfer:
23.4.1

All Klickerr's rights and obligations under these Terms and Conditions are assignable by Klickerr in connection with a merger, acquisition, restructuring or sale of assets or by operation of law or otherwise freely to any company associated with Klickerr, and Klickerr has the right to transfer all information and/or data of the user to any affiliated company or successor company or any new owner.

23.4.2

Furthermore, Klickerr is entitled to transfer all rights and obligations of Klickerr within the scope of these GTCs to a company of its choice. The transfer becomes effective 4 (in words four) weeks after the user has been notified. In the event of such a transfer, the user may terminate the contractual relationship at any time in accordance with the provisions of point 21.2.

23.5 Execution of obligations and exercise of Klickerrs rights:
23.5.1

Klickerr is entitled to engage vicarious agents.

23.5.2

Klickerr reserves the right to have any of its obligations or the exercise of its rights under these GTC carried out by an affiliated company.

23.6 Enforcement of GTC provisions by Klickerr and lack of enforceability of GTC provisions:
23.6.1

Klickerr's failure or omission to enforce or insist on the fulfilment of any provision of these GTC shall not constitute a waiver of rights. If the user violates these terms of use and Klickerr does not take any action against them, Klickerr is still entitled to exercise its rights at a later date or to enforce the corresponding provision of these GTC.

23.6.2

Should provisions, or parts of provisions of these GTCs be or become invalid, or for any reason be considered unenforceable, the remaining provisions shall remain unaffected and shall not affect their validity and enforceability. In this case, a provision shall apply between the parties which is acceptable in the circumstances and largely in accordance with the provisions, taking into account the content and purpose and the economic and legal objective sought, of the void part

23.7 Compliance with the law, cooperation in official inquiries and cooperation with law enforcement authorities:
23.7.1

No part of these GTC will prevent Klickerr from complying with the law.

23.7.2

In order to cooperate with official inquiries, to protect the application and customers or to ensure the integrity and functionality of the application and its integrated services/applications, Klickerr is permitted to access information that Klickerr deems necessary or appropriate, e.g. the contact data of users, IP addresses and traffic information, usage history and posted content, and to disclose these in compliance with the DSGVO (see also point 11.4.3).

23.7.3

Should a violation of these GTCs constitute criminal conduct, Klickerr supports cooperation with the relevant law enforcement authorities.

23.8 Use in places outside Austria:
23.8.1

This application and the services/applications included therein are not intended for use in any country in which such use would violate local law or subject Klickerr to any regulations in another country. Klickerr reserves the right to restrict the functional scope of its application and the services/applications integrated therein in any country.

23.8.2

In certain jurisdictions, the user may have certain rights as a consumer which go beyond the rights provided for in these GTC. These terms and conditions are not intended to limit such consumer rights that cannot be waived by contract.

23.8.3

Klickerr cannot assure the user that the application is always available or suitable for use at locations outside of Austria. It is also not possible for Klickerr to allow the user access to the application and the services/applications integrated therein from areas in which the range of services or parts thereof are prohibited. If the user wishes to access the application from a location outside of Austria, he/she does so on his/her own initiative and is responsible for compliance with local laws.

23.9 Date:
23.9.1

Central European Time or Central European Summer Time (CET / GMT+1 or CEST / GMT+2) shall apply to all times, periods and deadlines.

23.10 Political correctness:
23.10.1

To simplify legibility, gender-specific terms (e.g. user, service provider, service consumer, etc.) are used in these General Terms and Conditions. However, these are all to be understood as gender-neutral.

24. Contact to Klickerr:

If you have any questions about these terms and conditions or any application purchased from the app store, please contact Klickerr:

IMPRINT

A.P. Klickerr Ges.m.b.H.

Alser Strasse 13/1/9
1080 Vienna / AUSTRIA

E-Mail: office@klickerr.com
Tele: 0043 664 871 6621

CEO: Alexander Pressinger

Object of the company: Klickerr is an online platform for live video services. People from 18 countries around the world can offer their knowledge and special skills to our global community on Klickerr.
Business: Announcement company (GISA: 28471776)
Legal form: Limited liability company
Commercial register number: 447805m
Commercial register court: Handelsgericht Wien
Tax number: ATU70488448

Chamber: Austrian Economic Chambers (www.wko.at), Association for Advertising and Market Communication
WKO Firmen A-Z
Trade authority: Municipal District Office of the 8th District, Wipplingerstraße 1, 1010 Vienna
Applicable legal regulations: Gewerbeordnung (GewO), available at: https://www.ris.bka.gv.at/

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