§1 Establishment of the contractual relationship
§2 Subject of the contract of use
2.1 The subject of the contract of use is the provision of a product tester platform on which products are offered at a discount or free of charge. Product testers can apply for it and test these products. After testing, the product may be retained. In return, the product tester provides feedback on the product to the retailer.
2.2 The website provides the user with the following usage options:
- Creating your own profile
- Apply for free or discounted products for tests and feedback
- Receive coupon codes to redeem on Amazon
- Creating test-based assessments
2.3 The concrete graphic and functional design of the contractual usage possibilities, the extension of the usage possibilities with additional features or their supplementation with additional services with costs are at the discretion of the provider. The Provider is entitled to modify and adapt the concrete design at any time while retaining the contractual usage options.
§3 Registration, user account, handling passwords
3.1 Natural or legal persons may register for the use of the website. The registration of a legal entity can only be made by a person authorized to represent the entity. Only users who are at least 18 years old can register.
3.2 The user is obliged to provide true and complete information about himself/herself in accordance with the registration form and to keep his/her data up to date at all times.
3.3 The user is obliged to keep his password secret, to store it securely and not to make it accessible to third parties. If the password becomes known to third parties, the User must inform the Provider immediately by e-mail or in writing so that the old password can be blocked and a new password can be issued. The user is not entitled to make his user account available to third parties. The User acknowledges that it is fully responsible for the actions of any third party to whom it makes its user account available.
3.4 The user is permitted to create a maximum of one user account per natural or legal person.
§4 General obligations of the user
4.1 The user may only use the usage options provided by the provider within the scope of the contractually stipulated purposes. The user is prohibited from any improper use beyond this purpose limitation, this includes in particular the following actions: Misuse of the system and the platform; measures that lead to excessive system load or system disturbances; the use of foreign or false identities for registration.
4.2 Any of the above-mentioned breaches of duty entitles the Provider to terminate the contract of use without notice and to block the user account. Furthermore, the provider is entitled to refuse to activate a new account for this user for a period of one year from the date of termination.
§5 Obligations of the user and guidelines regarding submitted reviews
5.1 The tester has to ensure that by giving feedback (e.g. in the form of text, pictures, photos, videos, names, trademarks) he does not infringe any rights of third parties (e.g. violation of copyrights, violation of personal rights, violation of competition, data protection regulations). In particular, the review policy of the respective sales portal must be observed.
5.2 The User shall indemnify the Provider from all claims of third parties which they assert against the Provider with regard to a violation of rights committed by the User and for which the User is responsible. In this regard, the user assumes all necessary costs of legal defense.
5.3 The provider does not actively intervene in the formulation or delivery of any feedback from the tester and also does not attempt to influence the opinion of the tester.
5.4 If the provider becomes aware of a possible infringement of rights by the contents of the user / tester, he will inform the user of this immediately in text form.
§6 Termination and deletion of the user account
6.1 The user is entitled to terminate the user contract with the provider at any time without giving reasons and without notice. The termination requires text form or can be declared by implication by deactivating the user account. In the event of termination, the user’s profile will be deactivated. If the user wishes the profile to be completely deleted, he/she must inform the provider of this within 14 days. However, his published articles and content will remain in place without a link to his profile.
6.2 The provider is entitled to terminate the user contract with a notice period of one month to the end of the previous month.
6.3 In addition to the notice period, the provider is entitled to terminate the user contract without notice if there is an important reason. An important reason exists in particular if the User violates his contractual obligations (cf. §4 and §3.4) in a sustained and serious manner when using the web presence culpably and seriously violates legal regulations. In these cases, the Provider is also entitled to delete the user account and to refuse to set up a new account for this user for a period of one year after receipt of the notice of termination.
6.4 The provider will make use of his right to terminate the contract and delete the user account if the user has not been active for at least one year.
7.1 In cases of intent or gross negligence, the provider is liable in accordance with the statutory provisions. The liability for guarantees is independent of fault. In cases of slight negligence, the provider shall be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, body or health or for breach of material contractual obligations. However, the claim for damages for the slightly negligent violation of essential contractual obligations is limited to the foreseeable damage typical for this type of contract, unless liability is assumed for injury to life, body or health. The provider is liable to the same extent for the fault of vicarious agents and representatives.
§8 Final provisions
8.1 The law of the Federal Republic of Germany shall apply exclusively, excluding private international law and the UN Convention on Contracts for the International Sale of Goods. This does not apply to claims in the field of industrial property rights and copyright.