§ 1 Scope of Application

(1) ESG Innovations GmbH & Co. KG (hereinafter referred to as “we” or “us”) is the operator of the platform for social entrepreneurs and related services that refer to these Terms of Use (hereinafter collectively referred to as the “Platform”). The Platform is intended exclusively for entrepreneurs within the meaning of Section 14(1) of the German Civil Code (BGB), i.e. natural persons with full legal capacity, partnerships with legal capacity, and legal entities who, when entering into a legal transaction, act in the exercise of their commercial or independent professional activity (hereinafter collectively referred to as “Users,” unless expressly stated otherwise).

(2) This User Agreement applies exclusively to the use of the Platform. We reserve the right to amend this User Agreement at any time, in particular due to changes in the legal framework, supreme court rulings, technical changes or developments, new organizational requirements, or other comparable reasons, provided that this does not unreasonably disadvantage the User. The current version of the Terms of Use is available on the Platform at all times.

(3) Unless we expressly agree to their inclusion, any conflicting or deviating general terms and conditions of the User shall not be binding on us and shall not become part of the contract, even if we do not expressly object to their validity or if the User declares that they will use the Platform only under inclusion of their own general terms and conditions.

§ 2 Registration and Use

(1) Use of the Platform requires the User to register on the Platform. To do so, the User must complete a registration process. The User will receive an email containing the registration link.

(2) By activating the registration link, the User will be guided through the registration process. After successful registration, the User will receive a confirmation email at the email address provided during registration. Once the registration is confirmed by activating the link included in the confirmation email, the User may use the Platform and make changes or additions to the information stored in their user account, insofar as this is necessary.

(3) The User must refrain from any use that could impair the operation and functionality of the Platform or its technical infrastructure and/or place a burden on it that significantly exceeds normal, intended use. The User must notify us immediately of any disruptions to the Platform.

(4) The User is responsible for ensuring that any files uploaded to the Platform are free from viruses and other malicious or spyware software.

(5) The User must refrain from any unlawful use of the Platform. Regardless of criminal classification, the User shall not provide content that is pornographic, sexual, violent, racist, inciting hatred, discriminatory, offensive, or defamatory. Furthermore, the User must not infringe the rights of third parties, particularly personal rights and intellectual or industrial property rights (e.g. copyrights, trademarks).

(6) The User must also refrain from any use that involves creating false company profiles or misrepresenting a company. A company may only be represented by authorized representatives or by persons designated or commissioned by such representatives.

(7) We are entitled at any time to delete or remove unlawful content or content that violates the above principles and to exclude Users who provide such content from using the Platform temporarily or permanently, including blocking and/or deleting their accounts and content.

§ 3 Rights of Use

(1) The User grants us a non-exclusive, worldwide, transferable, and sublicensable right to use, reproduce, distribute, publish, make publicly available, and otherwise process the information and content provided via the Platform or integrated third-party services, without further consent, notification, or compensation, without time limitation. This includes the right of digitization, i.e. to digitize non-digital content or combine it with other digital works.

(2) This grant of rights applies to all information and content provided by the User, including content entered via forms, questionnaires, surveys, or video interviews, as well as uploads such as images, recordings, and audiovisual material.

(3) We are also entitled to edit, shorten, divide, adapt, supplement, combine, or integrate the content, while respecting personal rights, and to use it accordingly.

(4) The rights granted also apply to currently unknown types of use. We may transfer these rights in whole or in part to third parties or grant rights of use, particularly for the publication and distribution of video interviews. There is no obligation to use these rights.

§ 4 Warranty and Liability

(1) We warrant that the Platform can be used without infringing third-party rights. However, according to the current state of technology, it is not possible to guarantee software that is completely error-free under all conditions or fully protected against third-party interference. Availability also depends on external networks and services beyond our control. We therefore only owe best efforts in line with the current state of technology. No specific availability is guaranteed. We reserve the right to temporarily take the Platform offline for maintenance.

(2) We are liable for damages caused by intent or gross negligence, as well as for injury to life, body, or health, and for breaches of essential contractual obligations. In such cases, liability is limited to foreseeable damages. Further claims, especially for lost profits or indirect damages, are excluded.

(3) These limitations also apply to our employees and agents. We are not liable for the conduct of agents if they are the User or persons appointed by the User.

(4) We are not liable for damages resulting from misuse or loss of email addresses, usernames, or passwords.

§ 5 Guarantee and Indemnification

(1) The User guarantees, regardless of fault, that all content provided is free of third-party rights and that they hold all necessary rights.

(2) The User indemnifies us against all third-party claims arising from breaches of these guarantees and compensates us for all resulting damages.

§ 6 Personal Data

We may process personal data in connection with the Platform. Details are provided in the privacy policy.

§ 7 Final Provisions

(1) The place of performance and, where legally permissible, the exclusive place of jurisdiction is the registered office of ESG Innovations GmbH & Co. KG.

(2) These Terms of Use are governed exclusively by the laws of the Federal Republic of Germany, where permissible.

(3) If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected.