Terms and Conditions

1. Scope of application; exclusion of deviating terms and conditions of business

1.1. The following General Terms and Conditions (hereinafter "Terms of Use") regulate the contractual relationship between bee smart city GmbH Wiesenstraße 35, 45473 Mülheim an der Ruhr (hereinafter "bee smart city") and the respective persons who wish to use the services provided under the domains https://www.beesmart.city (hereinafter "platform") and https://hub.beesmart.city (hereinafter "hub") (hereinafter jointly "services").

1.2. In addition, the data privacy policy applies: (see: https://www.beesmart.city/privacy-regulations).

1.3. The applicable version of the terms of use at the time of conclusion of the contract is decisive.

2. Subject matter of the contract

2.1. bee smart city entertains the services on which visitors can set up and find intelligent smart city solutions and inform themselves about smart cities. In addition, natural persons may register in accordance with section 3 (hereinafter "User") in order to be able to make full use of the services available on the platform. Users can create profiles, publish content and posts and get in touch with other users - a selected overview of the functions can be found on the page https://www.beesmart.city

2.2. Contents of bee smart city are recognizable as such. Users may also post their own content (e.g. profiles, solutions, images and events) (hereinafter "User Content"). bee smart city is not involved in the setting process of user content and has no influence on the condition, legality, suitability or quality of user content. Furthermore, the user content is not checked and does not represent any information or opinions of bee smart city.

3. Registration and its requirements, conclusion of the user contract

3.1. Full use of the platform requires registration. This is done by opening an account on the platform with acceptance of these terms of use, among other things. Registration on the platform is free of charge.

3.2. In the registration form every user has to enter his first and last name, his professional background as well as a valid e-mail address and create a password. By submitting the completed registration form using the button "REGISTER FOR FREE", the User creates a user account (hereinafter "Account") and submits his offer to conclude the contract for the use of the Platform. If bee smart city accepts this offer by sending a confirmation e-mail and the user subsequently confirms his registration by selecting the hyperlink listed in the confirmation e-mail (double opt-in), a contract for the use of the platform is concluded between the user and bee smart city (hereinafter "user contract"). A registration that the user does not confirm within one week by clicking on the activation link can be deleted by bee smart city.

3.3. Registration is only permitted for natural persons with unlimited legal capacity and only in their own name and for their own account. Users must either be 18 years of age at the time of registration or their legal representatives must have consented to their use.

3.4. Users have the possibility to create a company or city page. The creation and administration of the company or city site may only be carried out by users who act as legal representatives or other authorized representatives of the respective company or the respective city or municipality on their behalf and will. If required, bee smart city will request further documents (e.g.: power of attorney, written permission, etc.) from the user for verification of the authorization according to the above sentence 1.

3.5. Each User may only register once. One account must be created for each user. An account is not transferable.

3.6. There is no right to conclude a user contract. bee smart city reserves the right to refuse registration without giving reasons.

3.7. The data requested during registration must be provided completely and truthfully. If the data changes subsequently, the user is obliged to update the information immediately. On request of bee smart city the user has to confirm the data.

4. Confidentiality

4.1. The user is obliged to keep the login data, passwords, etc. secret and not to pass on his access data to unauthorized third parties and to log out after each session. Declarations and actions that are made or committed after logging in with the user's password and e-mail address may be attributable to the user even if the user has no knowledge of them. An attribution takes place in particular if the user intentionally or negligently provides third parties (including family members) with access to the password or the account. The user must inform bee smart city immediately as soon as he becomes aware that the access data is accessible and known to unauthorized third parties.

4.2. In case of a justified suspicion that access data became known to unauthorized third parties, bee smart city is entitled but not obliged for security reasons to change the access data independently without prior notice or to block the use of the account at its own discretion. bee smart city informs the user about this immediately and informs new access data on request within a reasonable period of time. The user has no claim to the original access data being restored.

5. Account Use; Sanctions and Account Blocking

5.1. The User is obligated to:

  1. not to publish or make available on the services any offensive, violent, discriminatory, inhuman or defamatory content;
  2. not to publish or make available pornographic or racist content on the services;
  3. not to publish or make available on the services any content that violates laws for the protection of minors or criminal laws;
  4. not to perform any actions that could block, overload or impair the proper functioning or appearance of the services (e.g. denial of service attacks);
  5. not to publish or make available untrue or unobjective content on the services;
  6. not to publish or make available unauthorized commercial communications (such as spam) on the services;
  7. not to use automated mechanisms (such as bots, robots, spiders or scrapers) to collect content or information from other users or otherwise access the services, unless express prior permission has been obtained from bee smart city;
  8. not to operate any unlawful structural distributors, such as pyramid schemes, on the services;
  9. not to upload viruses or other malicious code;
  10. not to obtain login information or access an account owned by another user
  11. not to use any legally protected content without being authorized to do so;
  12. not to collect, use or process data of other users without being authorized to do so.

5.2. bee smart city is entitled to irretrievably delete content which violates the terms of use or which violates the applicable rules of politeness, etiquette, objectivity and respectful dealings with one another or which is otherwise offensive and/or improper. In this respect, the user has no right to re-instate content that has already been deleted.

5.3. If the user violates the terms of use or legal regulations, bee smart city can

  1. change or delete content;
  2. terminate the contract of use without notice;
  3. time limit or permanently block the account;
  4. prohibit the user from re-registering under his or another name after deletion of his or her account.

bee smart city may impose these sanctions without prior notice and without consultation with the user, even against the user's express will. bee smart city will inform the user about the corresponding sanctions by email.

5.4. bee smart city can permanently exclude a user from the use of the platform (permanent suspension), if he/she in particular

  1. has provided false data or has not updated the data as required,
  2. unauthorizedly transfers his account or
  3. significantly damages other users or bee smart city, in particular misuses services of bee smart city.

5.5. A permanent suspension is also possible if another important reason exists.

5.6. After a user has been suspended, there is no claim to restoration of the suspended account. As soon as a user has been suspended, he/she may not log in with another account.

6. Mutual granting of rights of use; guarantee of rights of the user

6.1. bee smart city grants the user the revocable, non-exclusive, non-sublicensable and non-transferable right to use the services for the duration of the user contract exclusively for the purpose of using the services to the extent and in accordance with these terms of use. The property rights and copyrights to the services remain exclusively with bee smart city.

6.2. The user grants bee smart city the simple, unrestricted right of use in terms of space, time and content to all content and user content (e.g. logos, images, videos, texts) posted by him on the services (hereinafter "licence"). In particular, this includes the right of reproduction, use, operation, copying, public presentation or display, distribution, modification, translation and creation of derived versions of distribution as well as the right of editing. In particular, bee smart city is entitled to edit, prepare and adapt the contents technically in such a way that they can also be displayed on mobile receiving devices or in services and software applications of third parties.

6.3. The license ends when the user deletes his contents, user contents or his account; unless the contents or user contents have been shared with other users and these have not deleted or "smarted" the contents or user contents.

6.4. The user guarantees that he/she is the owner of the transferred rights and that it is possible for him/her to effectively grant the license in Section 6.2. The user also guarantees that the created contents and user contents do not infringe any rights of third parties, in particular trademark, competition, copyright, property or personal rights.

8. Term and termination of the contract of use

bee smart city offers the services subject to availability. bee smart city endeavours to keep the services always accessible. The possibilities of use may be restricted or temporarily interrupted by maintenance work, further development or malfunctions. This can lead to data loss under certain circumstances.

7. Availability

8.1. The user contract is concluded for an indefinite period.

8.2. The user can terminate the user contract at any time. Cancellation can be made via the settings in the account or by sending an email to [email protected]

8.3. bee smart city can also terminate the user contract at any time. The right to block a user account according to Section 5 remains unaffected by this.

8.4. The right to terminate the contract for good cause remains unaffected.

9. Limitations of liability

9.1. Subject to the further provisions of this Section 9, bee smart city is only liable if and to the extent that bee smart city, its legal representatives, executives, employees or other vicarious agents are charged with intent or gross negligence. In case of debtor default by bee smart city or the impossibility of performance for which bee smart city is responsible as well as in case of breach of essential contractual obligations (so-called cardinal obligations), however, bee smart city is liable for every own culpable behaviour or that of its legal representatives, executives, employees or other vicarious agents. Essential contractual obligations are defined abstractly as such obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the user may regularly rely.

9.2. Except in case of intent or gross negligence on the part of bee smart city, its legal representatives, executives, employees or other vicarious agents, the liability of bee smart city is limited in amount to the typically foreseeable damages at the conclusion of the contract.

9.3. The exclusions and limitations of liability set forth in Sections 9.1 and 9.2 above shall not apply in the event that express warranties are given, in the event of claims for lack of warranted characteristics and for damages arising from injury to life, body or health and in the event of mandatory statutory regulations. Furthermore, the limitations of liability regulated in section 9.2 do not apply in the case of a debtor default by bee smart city to claims for interest on arrears, to the lump sum for arrears according to § 288 para. 5 BGB as well as to compensation for the damage caused by delay, which is justified in the legal prosecution costs.

9.4. Claims under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the provisions of this Section 9.

10. Exemption

The user releases bee smart city from all claims of third parties, in particular from claims due to trademark, copyright and personal rights infringements, which should be raised against bee smart city in connection with the exercise of the contractual rights, upon first request. The user must be informed immediately of any impairments of the contractual rights. bee smart city is entitled to take suitable measures itself to defend against claims of third parties or to prosecute its rights. The user must coordinate his own measures in advance with bee smart city. The indemnity also includes the reimbursement of costs incurred by bee smart city through legal prosecution/defence. Further claims for damages by bee smart city remain unaffected by this. Insofar as bee smart city itself is responsible for the infringement, claims against the user are excluded.

11. Language, contract text, applicable law, exclusion of foreign terms and conditions, place of jurisdiction

11.1. Registration and all contracts between the user and bee smart city are exclusively in English. The contract language is English.

11.2. The contractual text of the user contract and the contractual texts of the other contracts concluded on the services are not accessible to the user on the services. However, the respective contract text is sent to the user by e-mail and can thus be saved or printed out by the user.

11.3. These terms of use and the user contract regulated therein are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.4. The validity of the user's general terms and conditions of contract or business is expressly excluded. This also applies if bee smart city has not expressly contradicted the conditions of the user and/or provides services without contradiction.

11.5. If the user is a merchant in the sense of commercial law, a legal entity under public law or a special fund under public law, then the registered office of bee smart city is the exclusive place of jurisdiction for all legal disputes arising from or in connection with the terms of use. In all other respects, the statutory places of jurisdiction shall apply.

11.6. In the case of business enterprises within the meaning of § 14 para. 1 BGB, the place of performance is the registered office of bee smart city.

12. Changes to these Terms of Use

12.1. Changes to these terms of use shall be made in writing. There are no subsidiary agreements.

12.2. bee smart city reserves the right to change these terms of use at any time without giving reasons, unless the change is unreasonable for the user. bee smart city will inform the user immediately by e-mail about changes to the terms of use. If the user does not object to the validity of the changed terms of use within a period of four weeks after receipt of the changed terms of use, the changed terms of use shall be deemed accepted by the user. bee smart city will separately inform the user of the deadline and its significance in the e-mail announcing the changes.

13. Online dispute resolution

bee smart city hereby refers the user to the online dispute resolution (OS) page of the European Commission with the following link: https://ec.europa.eu/consumers/odr/

bee smart city is not responsible for the content of this site or the possibility of conducting the complaint procedure via this site.

May 2018