PlanQK Community Platform

Last Updated: 2023-03-28

Sec. 1 Subject of the terms and conditions

1. Anaqor AG (hereinafter referred to as "Service Provider"), provides a knowledge platform (hereinafter referred to as "Platform") on platform.planqk.de. Further information on the services can be found in the service description, Sec. 3.
2. On the platform, experts and interested parties can create and share different content. The expert can enable interested parties to edit their posted content. The experts and interested parties are hereinafter collectively referred to as "Users".
3. These Terms of Use govern the provision of the services rendered by the Service Provider and the use of these services by the Users.

Sec. 2 Amendments of the Terms of Use

1. The Service Provider reserves the right to amend these Terms of Use at any time, including within existing contractual relationships, to the extent that
   1. this is necessary for valid reasons, in particular due to changes in the legal environment or the case law of the highest courts, technical changes or further developments, regulatory gabs in the Terms of Use, changes in the market conditions or other comparable reasons and provided that this does not unreasonably disadvantages the User, and
   2. the amendments do not alter the essential characteristics of the contract, in particular the renumerated services owed by the Service Provider.
2. The Service Provider shall notify the User of such amendments at least two (2) months prior to the planned effective date of amendments. The User may either agree to the amendments by the effective date or reject them. The User shall be deemed to have given consent if he or she has not given notice of the rejection prior to the planned effective date of the amendments. The Service Provider shall expressly refer to this de facto consent in its offer.
3. If the User rejects the amendments, both parties shall have the right to terminate the contractual relationship for extraordinary reasons. The Service Provider shall separately inform the User of this mutual extraordinary right of termination in its offer.

Sec. 3 Services on the Platform

The Parties agree that the Service Provider only provides the technical and organizational infrastructure to ensure that the User can access the Platform and use the features available there, especially creating and sharing content.

Sec. 4 Registration on the Platform

1. The use of the services available on the Platform requires a registration. The registration is effected by opening an account (hereinafter referred to as "User Account") and agreeing to these Terms of Use. By registering, a contract for the use of the services available on the Platform (hereinafter referred to as "User Contract") is concluded between the Service Provider and the User. There is no entitlement that the registration will be accepted. The Service Provider is entitled to refuse registration requests without giving reasons.
2. The registration as a User is only permitted for persons of legal age and unlimited legal capacity. In the case of a legal entity or partnership, registration as a User must be made by a natural person of unlimited legal capacity and with power of representation. When registering as a User, only natural persons can be specified as the holder of the User Account.
3. The contact details and other information requested by the service provider during the registration process and submitted by the User must be complete and correct. When registering a legal entity, the natural person authorized to represent the legal entity must also be specified.
4. After the User has provided all the requested data, the Service Provider shall verify the data for completeness and plausibility. If the Service Provider considers the information to be correct and there are no other concerns from the Services Provider’s point of view, the Service Provider shall activate the User Account and notify the User by e-mail. The e-mail shall be deemed to be an acceptance of the User’s registration request. Upon receipt of the e-mail, the User shall be entitled to use the Platform within the Scope of these Terms of Use. For this purpose, the User must first activate his User Account by clicking on the link contained in the e-mail.
5. The User Account is not transferable.
6. User Accounts receive a limited number of product updates from the Service Provider per email. User Accounts can opt-out any time from receiving such emails.

Sec. 5 Responsibility for Login Details

1. During the registration process, the User is asked to enter his/her name, an e-mail-address and a password (hereinafter referred to as "Login Details"). Using these Login Details, the User can log on to the Platform after his access has been activated and confirmed pursuant to Sec. 4 (4). It is his responsibility to ensure that the username does not violate the rights of third parties, in particular no name or trademark rights and does not constitute a violation of accepted principles of morality.
2. The Login Details must be kept secret by the User and may not be made accessible to unauthorized third parties.
3. It is also the responsibility of the User to ensure that exclusively the registered User or persons authorized by the User have access to the Platform and use the services available on the Platform. If there are concerns that unauthorized third parties have obtained or will obtain knowledge of the login details, the Service Provider must be informed immediately.
4. The User shall be liable for any use and/or other activity carried out with his Login Details in accordance with the statutory provisions.

Sec. 6 Updating User details

The User is obligated to keep his registration details (including his contact details) up to date. If the details change during the duration of his registration, he must update the information in his personal settings on the platform without delay. If the User is unable to do so, he must immediately inform the Service Provider by e-mail of the changes to his details.

Sec. 7 Termination of the registration

1. The User can terminate his registration at any time by deregistering from the Platform.
2. The contractual relationship ends when the termination becomes effective. Then the User may no longer use his access. The Service Provider reserves the right to block the Login Details as soon as the termination becomes effective.
3. Supplementary provisions on the User’s and the Service Provider’s right of the termination are governed in Sec. 16 and Sec. 17.

Sec. 8 Provision and availability of services

1. The content and scope of the services are determined by the functionalities currently available on the Platform.
2. The services available on the Platform may include services of third parties to which the Service Provider merely provides access to. For the use of such services – which are clearly identified as third party-services – regulations may apply in addition to or deviating from these Terms of Use. The Service Provider shall inform the User of these regulations.
3. In all other respects an entitlement to the use of the services available on the Platform exists only within the framework of the Service Provider’s technical and operational possibilities. The Service Provider endeavors to ensure a maximum uninterrupted usability of his services. However, temporary restrictions or interruptions may occur due to technical problems (e.g. interruption of the power supply, hardware and software errors, technical problems in data lines).

Sec. 9 Change of services

The Service Provider is entitled to change services provided on the Platform at any time, to make new services available. The Service Provider shall take the User’s legitimate interests into account. Sec. 2 of these Terms of Use remains unaffected.

Sec. 10 Protection of the contents, responsibility for contents

1. The contents shared on the Platform are for the most part protected by copyright or other property rights and are the property of the Service Provider, the Users or other third parties who have made the respective contents available. The compilation of the contents as such may be protected as a database or as a database right sui generis within the meaning of Sections 4 (2), 87a (1) German Copyright Act (UrhG). The User may only use this content in accordance with these Terms of Use and to the extent specified by the Platform.
2. The contents available on Platform originate in part from the Service Provider and in part from the Users or other third parties. The content of the Users and other third parties is hereinafter collectively referred to as "Third Party Content". The Service Provider does not check the Third Party Content for completeness, correctness and legality and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality and topicality of the Third Party Content. This also applies with regard to the quality of the Third Party Content and its suitability for a specific purpose, and also insofar as Third Party Content on linked external websites is concerned. The legal liability as a telemedia provider remains unaffected.
3. All content on the Platform is Third Party Content, except for content which the Service Provider has marked with a copyright notice.

Sec. 11 Scope of permitted use, technical prerequisites

1. The User’s right to use the Platform is limited to the access and to use the services available on the Platform within the framework of the provisions of these Terms of Use.
2. The User is responsible for creating the technical prerequisites necessary for the contractual use of the services within the User’s area of responsibility. The Service Provider is not obliged to provider the User with advice in this regard.

Sec. 12 Posting of own content by the User, responsibility for this content

1. Insofar as the functionality is available on the Platform, Users may post content on the Platform and thus make it available to other Users and third parties, subject to the following provisions.
2. By posting content, the User grants the Service Provider a free and transferable right to use the respective content, in particular
   1. to store the content on the server of the Service Provider and to make it publicly accessible (e.g. by displaying the content on the Platform)
   2. to process and reproduce content, insofar as this is necessary for the provision or publication of the respective contents, and
   3. to grant rights of use vis-à-vis third parties to User’s content pursuant to Sec. 13.
3. In the event that the User removes the contents he has posted from the Platform, the right to use and utilization granted to the Service Provider as described paragraph expires. However, the Service Provider remains entitled to keep copies made for backup and/or verification purposes. The rights of use already granted to the other Users for the content posted by the individual User also remains unaffected.
4. User is fully responsible for the content he posts. The Service Provider accepts no responsibility for checking the contents for completeness, correctness and legality, topicality, quality and suitability for a specific purpose.
5. The Service Provider reserves the right to refuse to post content and/or edit, block or remove content already posted without prior notice, if the posting of content by the User or the posted content itself has led to a violation of Sec. 13 or there are concrete indications that a serious violation of Sec. 13 will occur. In doing so, however, the Service Provider will take the User’s legitimate interests into account and choose the least stringent means to prevent or remedy the violation of Sec. 13.

Sec. 13 Right of use of content available on the Platform

1. Unless further use is expressly permitted in these Terms of Use or in the Platform, or is enabled in the Platform by a corresponding functionality (e.g. download button),
   1. the User may retrieve and display the content available on the Platform online for personal purposes only. The Right of use is limited to the duration of the contract with the Service Provider.
   2. the User is prohibited from editing, modifying, translating, presenting, or demonstrating, publishing, exhibiting, reproducing, or disseminating, in whole or in part, the content available on the portal. It is also prohibited to remove copyright notices, logos and other trademarks or protection notices.
2. The User is only allowed to edit Third Party Content if he has received the explicit consent of the respective User to do so.
3. The User is only entitled to download and print content if a download or print option is available on the Platform as a functionality (e.g. via a download button). The User is granted a non-exclusive right of use for an unlimited period of time to each of the contents that he has legitimately downloaded or printed out for his own, non-commercial purposes. If the content is provided to the User for a fee, a further prerequisite for granting this right is the complete payment for the respective content. All other rights to content remain with the original holder of the rights (the Service Provider, another User or a third party).
4. Mandatory statutory rights (including for private and other personal use pursuant to Section 53 UrhG) remain unaffected.

Sec. 14 Sharing of content

1. The User is responsible for ensuring that his shared content is lawful and does not infringe the rights of third parties.
2. If the User makes content or other information accessible by means of a hyperlink, he is obliged to obtain any necessary permission for this himself.

Sec. 15 Prohibited activities

1. The User is not permitted to engage on any activities in or in connection with the Platform that violate applicable law, infringe the rights if third parties or violate the regulations on the protection of minors. In particular, the following activities are prohibited:
   1. posting, disseminating, offering and advertising content, services and/or products that are of a pornographic nature, violate youth protection legislation, violate data protection laws, and/or violate other laws and/or are fraudulent;
   2. the use of content with insults or defames other Users or third parties;
   3. the use, provision and dissemination of content, services and/or products that are protected by law or subject to the rights of third parties (e.g. copyrights) without being expressly authorized to do so.
2. Furthermore, regardless of any possible violation of the law, the following activities are also prohibited when sharing content on the Platform or communicating with other Users (e.g. commenting on a post):
   1. proliferating viruses, trojan horses and other malware;
   2. sending junk or spam mails and chain letters;
   3. disseminating offensive, indecent, salacious, obscene, or defamatory content or communication as well as such content or communication which is liable to (explicitly or implicitly) promote or support racism, fanatism, hatred, physical violence, or illegal activities;
   4. harassing other Users, e.g. repeatedly making personal contact without consent or against the wishes of the other User, or encouraging or supporting such harassment;
   5. asking other subscribers to disclose passwords or personal data for commercial or unlawful purposes;
   6. disseminating and/or publicly displaying content available on the Platform unless this is expressly permitted by the respective original holder of the rights or expressly made available to the User as a functionality on the Platform.
3. The User is also not permitted to take any action that may impair the smooth operation of the portal, in particular to excessively overload the Service Providers systems.
4. Should the User become aware of any use of the Platform that is unlawful, improper, in breach of contract or otherwise unauthorized, the User is requested to notify the Service Provider via e-mail (planqk-report@stoneone.de). The Service Provider will then investigate the matter and take appropriate action if necessary.
5. In the event of suspicion of unlawful or criminal acts, the Service Provider is entitled and, where applicable, also obliged to review the activities of the User concerned and, if necessary, to take appropriate legal action. This can also include the referral of the matter to the public prosecutor’s office.

Sec. 16 Sanctions

1. If there is specific reason to believe that the subscriber is violating or has violated these Terms of Use, the rights of third parties, and/or applicable law, the Service Provider may, at its own discretion – taking into account the legitimate interests of the respective User – impose the following sanctions:
   1. delete content;
   2. restrict or limit the use of the Platform;
   3. issue a warning to the User;
   4. temporarily or permanently block access to the User account
2. In the event that access is temporarily or permanently blocked, the Service Provider will block the Users access authorization and notify him of this by e-mail. If the access is temporarily blocked, the service provider shall reactivate the access authorization after expiry of the blocking period and notify the User thereof by e-mail. A permanently blocked access authorization cannot be restored. Persons that are permanently blocked are permanently excluded from the Platform and may not register as User to the Platform again.

Sec. 17 Rights of termination of the User

1. The User may terminate the entire contractual relationship with Service Provider at any time without notice, provided that neither a term of contract nor any other provisions for termination have been agreed upon.
2. If a term of contract has been agreed upon, termination without notice is only possible for a good cause, this being a cause with renders a continuation of the contractual relationship unacceptable for the User, even taking into account the legitimate interests of the Service Provider.
3. Statutory rights of termination remain unaffected.

Sec. 18 Rights of termination of the Service Provider

1. The Service Provider may terminate the contractual relationship with the User at any time, subject to a reasonable period of notice, provided neither a term of contract nor any other provision for termination has been agreed upon. In determining the period of notice, the Service Provider shall take into account the legitimate interests of the User, an in particular shall not instate a period of notice of less than two weeks.
2. Termination of the business relationship without notice is permissible for good cause, this being a cause which renders the continuation of the contractual relationship unacceptable for the Service Provider, even taking into account the legitimate interest of the User. Good cause shall be deemed to exist in particular,
   1. if the user has provided false information during registration;
   2. if there is evidence of discernible improper use of the Platform by the User;
   3. if the functionality of the Platform is impaired by the User;
   4. in the event of violation of legal regulations or rights of third parties.

Sec. 19 Liability

1. The Service Provider shall be liable without limitation for any damages caused intentionally or through gross negligence by the Service Provider or its legal representatives, executive employees, or simple vicarious agents.
2. In other cases, the Service Provider is liable – unless otherwise regulated in paragraph 4 – only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the User may regularly rely on (so called cardinal obligation). This is limited to compensation for foreseeable and typical damage. In all other cases, the liability of the Service Provider – subject to the provision in paragraph 4 – is excluded.
3. The limitations stated in paragraphs 1 and 2 shall also apply to the benefit of the legal representatives, executive employees, and simple vicarious agents of the Service Provider if claims are asserted directly against them.
4. The limitations of liability resulting from paragraphs 1 and 2 shall not apply in the event of fraudulent intent, in the event of damages resulting from injury of life, limb or health, in the event of assumed warranties or any other strict liability, or for claims under Product Liability Act.

Sec. 20 Indemnification

1. The User shall indemnify the Service Provider in the event a claim due to an alleged or actual infringement and/or violation of third party rights from all third party claims arising from action of the User in connection with the use of the Platform for which the User is responsible.
2. In addition, the User undertakes to reimburse the Service Provider for all costs sustained by the Service provider as a result of claims by third parties pursuant to paragraph 1. The reimbursable costs include all court costs and attorney fees at the statutory rate.
3. In the event of a claim by third parties pursuant to paragraph 1, the User is obligated to immediately provide the Service Provider with all complete an accurate information necessary for examination of the claims and for defense against the claim.

Sec. 21 Form of declarations

All declarations submitted in the context of the use of the Platform must be made electronically (e.g. via e-mail), unless otherwise expressly stated in these Terms of Use or unless mandatory legal provisions require another form of communication.

Sec. 22 Severability clause

Should any of the provisions of these Terms of Use be or become invalid, the legal validity of the remaining provisions shall remain unaffected.

Sec. 23 Applicable law, place of jurisdiction

1. These Terms of Use are subject to the law of the Federal Republic of Germany.
2. If the User is a legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from these Terms of Use is the registered office of the Service Provider, Berlin.