Terms & Conditions

As of April 2020

Scope

These terms of use (“GTC”) apply between the user (“you” or “user”) and Active Giving GmbH, Leopold St. 17 – 10317 Berlin, Germany (“us”, “we” or “Active Giving”) for use the Active Giving App (“App”) and the services offered via it (“Active Giving Services”) with all functions and integrated third-party providers.

Subject matter of the contract

The App enables the following Active Giving Services: Users can submit their completed sports activities (also “Activity”) to Active Giving within the scope of actions offered in the App. On the basis of this transmission, funds (also “impact”) are then paid out to selected recipient projects (also “projects”), depending on the respective action. The financial means for this are provided by companies (also “sponsors”) or from revenues of Active Giving, which want to support the sporty lifestyle of the users, the good cause which is pursued by Active Giving.

The terms and conditions applicable to each campaign are displayed in the app. These include, in particular, information about the projects, sponsors and the user’s sports activity, but also possible restrictions on the impact per user, activity and/or time period. If activities are entered after the total amount of a promotion has been used up or if entered activities exceed other limitations of the respective promotion, we reserve the right not to pay Impact to the project for the excess part of the activities.

The App is not a substitute for a fitness app or consultation with a doctor. The user bears full responsibility for his or her athletic actions alone.

Using the Active Giving App

The Active Giving Services are used exclusively via the user interface of the Active Giving App.

Use of the app requires a smartphone with Internet access. In addition, the operating software of the smartphone must have minimum standards, which can be viewed at www.activegiving.de/app. We reserve the right to continuously adapt these standards to technical developments.

The user is aware that the transfer of data from or to the smartphone may incur costs, e.g. at the user’s mobile network operator, which are to be borne by the user alone.

The use of the Active Giving Services is only permitted to fully contractually capable, natural persons who have reached the age of 18 and who act as consumers in the sense of § 13 BGB (German Civil Code), i.e. not for a commercial or independent professional purpose.

Rights of use to the Active Giving App

By agreeing to these T&Cs at the latest, the user receives the non-exclusive, non-transferable and non-sublicensable right to install the app on his device and to use it as intended, i.e. to use the Active Giving Services, during the term of the contractual relationship established by these T&Cs.

Commissioning of the Active Giving App

In order to use the Active Giving App, the user first confirms the GTC on the Welcome Screen. At this point, at the latest, a contractual relationship is established between the user and us.

With this consent, the user confirms his unrestricted acceptance of the T&Cs and assures to provide all information to be entered in the app truthfully and to keep it up to date.

Registration of a full user account

The App and part of the Active Giving Services can also be done without full user registration. In this case, a restricted technical user account is created in the background, which is linked to the user’s device. This allows the user to immediately use the core function of the app, which is to record or enter sports activities that we use as the basis for disbursing funds to selected projects.

The user can voluntarily register for a full user account at any time. This allows the full range of Active Giving Services to be used. Active Giving Services that require a full user account include, for example, participating in Active Giving Teams to achieve a common goal with other users, linking the user account to third-party data sources, designating preferred projects as payees of sponsor funds, or transferring the user account to other devices.

Registration is allowed only with a civil name (not a fantasy name or pseudonym).

Third Party Linking

The App may allow Users to link with third party providers, which may thereupon exchange sports activity data of the respective Users with the App in the background, which may serve as a basis for calculating Impact funds. The user is not entitled to such a link option; existing linking options can be deactivated or restricted at any time.

We assume no responsibility for the content of banners etc. of the sponsors or projects or external links that are integrated into the app. As far as legal transactions between the user and third party providers are concluded via links provided by Active Giving, these contractual relationships are exclusively between the third party provider and the user.

Costs

We do not charge the user for the use of the App and Active Giving Services.

Content

We allow users to use the Active Giving Services in accordance with the provisions of these GTC and applicable legal provisions and to generate, store and publish content via it.

The user grants us a non-exclusive, transferable and sublicensable right of use, unrestricted in time, place and content, over the content generated, transmitted and stored by him. This right of use entitles us to process this content within the framework of the Active Giving Services and the associated necessary infrastructure and also to forward it to third parties.

We are entitled to store content and to pass it on to third parties as far as this is required by law, legally permissible and necessary according to our dutiful discretion. Possible reasons for disclosure may include the following:

– judicial or governmental orders,

– basic legal requirements,

– to comply with these terms and conditions,

– to respond to possible violations of law asserted by third parties; or

– to protect the property or personal safety of us, our users or the public.

We do not guarantee the accuracy of content generated by the cell phone, such as route data through the use of the GPS module or user activity data transmitted via third-party providers.

Data protection

Details on the storage and processing of personal data can be found in the privacy policy.

Rights of Active Giving

The user agrees to the following:

Contact Us: We may contact the User by email at any time with any queries regarding activities or the User’s account.
Changes: We may change features of the App, such as for the purpose of further development or to adapt to technical and market trends.
Account deactivation and deletion: we may deactivate and delete the respective user account in case of reasonable suspicion of abuse or fraud via the App and/or the Active Giving Services.

Duties and rights of the user

The user is obliged

as far as the provision of personal data is provided, to provide only truthful information about his person and to keep this information up to date at all times.
to use the Active Giving Services only via the app provided by us.
to ensure that the activities used as a basis for the impact calculation (regardless of whether they are entered via a third-party provider, via GPS module through the app or otherwise) are truthful in that the correct sport and performance are ensured and have been personally performed by the user.
as a fully registered user, to ensure that the email address provided is accessible and ready to receive emails after registration. In case of changing the e-mail address, the user will provide the new e-mail address and verify it if necessary.
Regularly back up data that appears to be important, even on external storage media or in the cloud. Active Giving does not take any responsibility for damaged or lost data.

The user is prohibited from the following actions:

Making disruptive attacks (e.g. hacking attempts as well as brute force attacks) on the app and functionalities and the network of Active Giving Services.
Sending mass emails (SPAM) to us, to other users and/or using the App and/or Active Giving Services.
The use or introduction of viruses, Trojans or worms into the App, Active Giving Services or our network.
Passing off activities by third parties through the App as your own.
Entering activities that were not actually performed.
Entering activities with a different sport than actually performed.
If the user performs prohibited activities and thus violates these TOS, we reserve the right to delete affected activities and not take them into account when distributing funds to projects, delete affected content, deactivate affected user accounts (temporarily or permanently), as well as permanently exclude the user from using the Active Giving Services after termination without notice.

Term, termination and deletion of the account

The GTC establish a contractual relationship for an indefinite period. This can be terminated by either party at any time without notice by e-mail.

We reserve the right to deactivate a user account for good cause, such as reasonable suspicion of violation of these GTC, so that no further activities can be taken up. In such a case, we will contact the affected user if possible to clarify the suspicion.

Legal rights of termination for cause remain unaffected.

Liability

We are liable for damages and futile expenses of the users (hereinafter collectively referred to as “damages”) in accordance with the statutory provisions, unless otherwise provided below.

In the event of a culpable breach of essential contractual obligations, insofar as this is not due to gross negligence or intent, our liability is limited to the damages foreseeable at the time of the conclusion of the contract, which typically arise in contracts for services of this type. In this context, an essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user regularly relies and may rely. We shall not be liable for damages caused by a culpable breach of non-essential contractual obligations, unless such breach is due to gross negligence or intent.

Insofar as we provide services free of charge, our liability in this respect is limited to cases of gross negligence and intent.

Our statutory liability pursuant to § 1 of the Product Liability Act, for damages resulting from injury to life, body or health, for fraudulently concealed defects and for damages for which we are liable regardless of fault due to the assumption of a guarantee shall remain unaffected by the above limitations and exclusions of liability.

Warranty

We take great care to provide the App and Active Giving Services in a way that meets our own high standards as well as those and those of the users. However, we do not warrant that the App and the Active Giving Services will be uninterrupted or error-free.

Right of withdrawal for consumers

For consumers in the sense of § 13 BGB a legal right of withdrawal applies. The cancellation policy is available under Cancellation Policy.

The right of revocation expires in the case of a contract for the provision of services (such as Active Giving Services) even if we have provided the services in full and have only begun to perform the contract after the user has given his express consent to this and at the same time confirmed his knowledge that he loses his right of revocation upon complete fulfillment of the contract by us.

The right of withdrawal shall also expire in the case of a contract for the delivery of digital content not on a tangible medium (such as the app) if we have started executing the contract after the user has (i) expressly consented to our starting the execution of the contract before the expiry of the withdrawal period and (ii) confirmed his knowledge that by giving his consent he loses his right of withdrawal upon the start of the execution of the contract.

Changes to the GTC

We may change these GTC and at any time with effect for future users. The current version of these GTC is available for download at [Link].

In the event of an amendment to the GTC with effect (also) for existing users, we will notify all affected users of the new version of the GTC at least one month before it takes effect by e-mail or, if a user has not provided us with an e-mail address, by means of a notice in the app, expressly pointing out the possibility and consequences of an objection to the amendment to the GTC in accordance with the following sentences of this provision. Such an amendment to the GTC shall be deemed to have been approved by the respective user, unless it is unreasonable for the user, and shall become binding for the user’s existing use of the app and the Active Giving Services when it comes into effect, unless the user objects to the amendment in text form (e.g. e-mail) within 30 days of notification of the amendment. If a user objects to an amendment to the GTC as described in the previous sentence, we have the right to terminate the GTC in relation to this user with a notice period of 30 days from the filing of the objection to the end of the month.

Other

Special Terms for Apple iOS

In addition to your agreement to the foregoing GTC, and notwithstanding anything to the contrary contained herein, the following terms apply to your use of any version of the App that is compatible with the iOS operating system of Apple Inc. (“Apple”) operating system:

Apple is not a party to these GTC, does not own the App, and is not responsible for the App. Apple does not warrant the App except, if applicable, to refund the purchase price of the App. Apple is not responsible for maintenance or other support services for the App and is not responsible with respect to any other claims, losses, liability, damages, costs or expenses relating to the App, including third party product liability claims, claims arising from the App’s failure to comply with applicable legal or regulatory requirements, claims arising under consumer protection or similar laws, and/or claims relating to intellectual property infringement. Any inquiries or complaints regarding use of the App, including those relating to intellectual property rights, must be directed to us. The license granted to you in these GTC is non-transferable and limited to use of the App on an Apple-branded product running Apple’s iOS operating system that you own or control, or as otherwise permitted by Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you through Apple’s Family Sharing or Volume Purchase programs. In addition, when using the App, you must comply with the terms of any third-party agreements applicable to you, such as your mobile data usage agreement. Apple and its affiliates are third party beneficiaries of this GTC and, upon your acceptance of this GTC, will have the right (and you will be deemed to have accepted such right) to enforce this GTC against you as a third party beneficiary of this GTC; notwithstanding the foregoing, our right to enter into, modify or terminate any agreement under this GTC, or to enter into any waiver or settlement with respect thereto, is not subject to the consent of any third party.

Applicable law

These GTC and the relationship between the parties shall be governed by the laws of the Federal Republic of Germany, subject to the proviso that any user who is a consumer within the meaning of Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) may also invoke those provisions which, under the law of the country in which the respective user has his habitual residence, cannot be derogated from by agreement to his detriment.

Severability clause

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions of these GTC. The ineffective provision shall be replaced by the parties by mutual agreement by a provision which comes closest to the economic sense and purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.

Reference to dispute resolution platform

The European Commission provides a platform for online dispute resolution at https://webgate.ec.europa.eu/odr/. Active Giving is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.