Terms of use

 

 I. General regulations

1. Subject matter of the terms of use

(1) CAS Software AG (hereinafter referred to as (the Platform Operator) provides a communication platform (hereinafter referred to collectively as the Platform) via the mobile app "We.Network" (hereinafter referred to as the app) and on https://www.we.network/en. For this purpose, users can create individual personal profiles, upload content to the platform and use the other services currently available within the scope of the respective availability.

(2) These Terms of Use govern the provision of the platform by the platform operator and the use of the platform by you as a registered user.

 

2. Changes to the terms of use

(1) The platform operator reserves the right to amend these Terms of Use at any time, also within the existing contractual relationships. The platform operator will inform you of such changes at least 30 calendar days before the planned entry into force of the changes.

(2) If you do not object within 30 days of receipt of the notification and continue to use the services even after expiry of the objection period, the changes shall be deemed to have been effectively agreed from the expiry of the period.

(3) In the event of your objection, the contract will be continued under the previous conditions. However, the platform operator reserves the right to terminate the user contract with reasonable notice.

(4) In the notification of change, the platform operator will inform you of your right to object and of the consequences.

 

II Registration for use, handling of access data

 
3. Registration authorization

(1) Active use of the services available on the platform requires your registration as a user. Passive use (for example reading published content) is also possible without registration. There is no entitlement to use. The platform operator is entitled to reject applications for use without giving reasons.

(2) You are only permitted to register if you are 16 years of age. In the case of a legal entity, registration must be made by a natural person with unlimited legal capacity and power of representation.

 
4. Your registration on the platform

(1) Registration and use of the platform is free of charge.

(2) The registration data and other information requested by the platform operator during the registration process must be provided by you completely and correctly. When registering a legal entity, the natural person authorized to represent it must also be stated.

 

5. Responsibility for the access data

(1) You register by entering your telephone number and an access code sent to you by text message. You can use this data to log in to the platform after activating your access and confirming your registration in accordance with section 4 (3).

(2) The respective access data must be kept secret by you and must not be made accessible to unauthorized third parties.

(3) It is also your responsibility to ensure that your access to the platform and the use of the services available on the platform is carried out exclusively by you or by persons authorized by you. If it is to be feared that unauthorized third parties have gained or will gain knowledge of your access data, the platform operator must be informed immediately.

You are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

 

6. Updating the user data

You are obliged to keep your data (including your login data) up to date. If a change occurs to the data provided during the period of your use, you must correct the information immediately on the platform in your personal settings. If you are unable to do so, please inform us immediately by e-mail of any changes to your data.

 

7. Termination of use

(1) You can terminate access at any time by unsubscribing from the platform.

(2) When the termination takes effect, the contractual relationship ends and you may no longer use your access. The platform operator reserves the right to block access when the termination takes effect.

(3) The platform operator is entitled to irretrievably delete all data generated in the context of your use after 30 calendar days after the termination takes effect and after the expiry of any statutory retention periods.

 

III Services and content on the platform 

 
8. Range of services and availability of services

(1) The platform operator provides you with various information and other services (hereinafter referred to as services) on the platform for temporary use. Such services are in particular

  • Creation of a profile
  • Use of and subscription to channels of the platform operator or third parties (hereinafter referred to as channels)
  • Use of digital services of the platform operator or third parties (hereinafter referred to as add-ins)
  • Use of groups of the platform operator or third parties (hereinafter referred to as groups)
  • Use of individual and group chats (hereinafter referred to as chats)
  • Publication of content (for example in the channels)
  • Exchange with other users (for example in the chats)

The content and scope of the services are determined by the respective contractual agreements, and otherwise by the functionalities currently available on the platform.

(2) The services available on the platform may also include third-party offers (for example, via channels and add-ins) to which the platform operator merely provides access. For the use of such services - which are recognizable as third-party offers (hereinafter referred to as providers) - regulations that deviate from or supplement these Terms of Use may apply

(3) A claim to the use of the services available on the platform exists only within the scope of the technical and operational possibilities of the platform operator. The Platform Operator shall endeavor to ensure that its services can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (for example interruption of the power supply, hardware and software errors, technical problems in the data lines).

 
9. Changes to services

The platform operator is entitled at any time to change services provided free of charge on the platform and to discontinue the provision of free services.

 

 10. Protection of content, responsibility for third-party content

(1) The content available on the platform is predominantly protected by copyright or other intellectual property rights and is the property of the platform operator, the other users or other third parties who have made the respective content available. The compilation of the contents as such may be protected as a database or database work within the meaning of the German Copyright Act. §§ Sections 4 (2), 87a (1) UrhG. You may only use this content in accordance with these terms of use and within the framework specified on the platform.

(2) Some of the content and services available on the platform (for example channels and add-ins) originate from other users or other third parties. In the case of content from users and other third parties (hereinafter referred to collectively as third-party content) or services from users and other third parties (hereinafter referred to as third-party services), the platform operator does not carry out any checks for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and up-to-dateness of the third-party content. This also applies with regard to the quality of the third-party content or the third-party services and their suitability for a specific purpose, and also insofar as it concerns third-party content on linked external websites.

 

IV. Use of the services on the platform

 

11. Scope of the permitted use

(1) Your right of use is limited to accessing the platform and using the services available on the platform in accordance with the provisions of these Terms of Use.

(2) You are responsible for creating the technical conditions necessary in your area of responsibility for the contractual use of the services (for example, access to the Internet). The platform operator does not owe you any support in this regard.

(3) Additional conditions may apply to the use of third-party services, which the third party may include as part of its service.

 

12. Creation of profile pages

(1) If available as a functionality on the platform, you can customize your profile page according to your own ideas within the framework of these Terms of Use. Please note the restrictions in section 16.

(2) As a rule, the platform operator does not verify the identity of the profile owner or the information in the profiles. The platform operator therefore provides no guarantee that each profile owner is the person that the respective profile owner claims to be.

 

13. Posting your own content

(1) If available as a functionality on the platform, you may post content on the platform and thus make it available to third parties, subject to the following provisions.

(2) By posting content, you grant the platform operator a free and transferable right to use the respective content, in particular:

  • to store the content and to publish it, in particular to make it publicly accessible (for example, by displaying it in the respective channel),
  • to edit and reproduce, insofar as this is necessary for the storage or publication of the respective content, and
  • to grant third parties rights of use - including rights of use against payment - to your published content in accordance with section 15, including on third-party platforms.

If you delete the content you have posted on the platform, the right of use and exploitation granted to us above shall expire. Otherwise, we remain entitled to retain copies made for backup and/or verification purposes. Any rights of use already granted to other users in respect of content posted by you shall also remain unaffected.

(3) You are fully responsible for the content you post. The platform operator does not check the content for completeness, correctness, legality, topicality, quality and suitability for a specific purpose. You therefore declare and warrant to the platform operator that you are the sole owner of all rights to the content you have posted on the platform, or that you are otherwise authorized (for example, by effective permission from the rights holder) to post the content on the platform and to grant the rights of use and exploitation in accordance with the above paragraph (2).

(4) The platform operator reserves the right to refuse the posting of content and/or to edit, block or remove content already posted (including private messages) without prior notice if the posting of the content by the user or the posted content itself has led to a violation of Section 16 or if there are concrete indications that a serious violation of Section 16 will occur. The platform operator will, however, take your legitimate interests into account and choose the mildest possible means to defend against the violation of Section 16.

 

14. Creation and provision of channels and add-ins

If you wish to create channels or add-ins on our platform yourself and offer them to users, further specific contractual conditions must be observed. If you are interested, please contact info@we.network.

 

15. Right to use content available on the platform

(1) Unless further use is expressly permitted in these Terms of Use or on the platform or is enabled on the platform by a corresponding functionality (for example download button):

  • you may access and display the content available on the platform online. This right of use is limited to the duration of your contractual use of the platform
  • you are prohibited from editing, modifying, translating, displaying or performing, publishing, exhibiting, reproducing or distributing the content available on the platform in whole or in part. It is also prohibited to remove or alter copyright notices, logos and other marks or protective notices.

(2) Your mandatory statutory rights (including reproduction for private and other personal use in accordance with Section 53 UrhG) remain unaffected.

 

16. Prohibited activities

(1) You are prohibited from any activities on or in connection with the platform that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, you are prohibited from the following actions:

  • the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
  • the use of content that insults or defames other users or third parties;
  • the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (for example, copyrights) without being expressly authorized to do so.

(2) Furthermore, you are prohibited from the following activities when posting your own content on the platform and when communicating with other users (for example, by sending personal messages), irrespective of any violation of the law:

  • the spread of viruses, Trojans and other malicious files;
  • the sending of junk or spam e-mails and chain letters;
  • the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication as well as content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (either explicitly or implicitly);
  • the harassment of other users, for example, through repeated personal contact without or contrary to the reaction of the other user, as well as the promotion or support of such harassment;
  • requesting other users to disclose passwords or personal data for commercial or illegal or unlawful purposes;
  • the distribution and/or public reproduction of content available on the platform, unless this is expressly permitted by the respective author or expressly made available to you as a functionality on the platform.

(3) You are also prohibited from any action that is likely to impair the smooth operation of the platform, in particular from placing an excessive load on the platform operator's systems.

(4) If you become aware of any illegal, abusive, non-contractual or otherwise unauthorized use of the platform, you can notify us of this via the reporting functions or please contact info@we.network. The platform operator will then investigate the matter and take appropriate action if necessary.

(5) If there is a suspicion of illegal or punishable acts, the platform operator is entitled to review your activities and, if necessary, take appropriate legal action. This may also include forwarding the facts of the case to the public prosecutor's office.

(6) You are also prohibited from any action that violates the Community Guideline. The Community Guideline can be found here: https://www.we.network/en/community-guideline

 

17. Blocking of access

(1) The platform operator may temporarily or permanently block your access to the platform if there are concrete indications that you are violating or have violated these Terms of Use and/or applicable law, or if the platform operator has another legitimate interest in blocking your access. When deciding whether to block you, the platform operator will take appropriate account of your legitimate interests.

(2) In the event of temporary or permanent blocking, the platform operator will block your access authorization and notify you of this by e-mail.

(3) In the event of temporary blocking, the platform operator will reactivate the access authorization after the blocking period has expired and notify you of this by e-mail. Permanently blocked access authorization cannot be restored. Permanently blocked persons are permanently excluded from using the platform and may not register on the platform again.

 

18. Data protection

The personal data resulting from your registration on the platform and from the use of the available services will only be collected, stored and processed by the platform operator insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator. The platform operator will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and - without your separate consent or legal obligation - will not pass it on to third parties. Further information can be found in the privacy policy.

 

19. Limitation of liability

Should you suffer damage as a result of the use of services provided free of charge on the platform (including the retrieval of free content), the platform operator shall only be liable to the extent that your damage was caused by the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) or gross negligence on the part of the platform operator.

 

V. Other provisions

 

20. Severability clause

Should any provision of these Terms of Use be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic intentions of the parties.

 

21. Applicable law

These Terms of Use are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention of Contracts for the International Sales of Goods (CISG).

 

22. Place of jurisdiction

For merchants, the exclusive place of jurisdiction for all disputes arising from these Terms of Use is Karlsruhe (Germany).