Terms of Service
for the use of the online platform “Innsides”, of Innsides Interiors UG
1. Scope of application
The following general terms and conditions of use contain the basic rules for the use of the platform “Innsides”, of the Innsides Interiors UG (hereinafter referred to as “Innsides”). They apply to all of the user’s declarations and contractual or quasi-contractual transactions in connection with the user contract. User terms and conditions that deviate from these conditions do not apply.
2. Purpose of use, definitions
2.1. Innsides operates an Internet site of the same name (hereinafter “Platform” or “Service”). The Platform “Innsides” is intended to allow architects and interior decorators (hereinafter “Provider”) to publicly present themselves and their projects on the internet and in this way to gain new customers (hereinafter “Customers”). To this end a Provider must set up his/her own profile page on the Platform, on which the Provider can present his/her projects and enter contact information. Customers may view the entered information, share it via social networks, make contact with the Provider and review the Provider. Registered Customers can save and access their favourite Providers. The use of the Platform is free for Providers and Customers.
2.2. Within the meaning of these terms and conditions of use, “User” is any person who utilizes the services of Innsides, in particular who uses the Innsides’ Platform.
2.3. For the purposes of these terms and conditions of use, “Provider” is any User who uses the Platform of Innsides as an interior designer or interior decorator to present themselves and their projects within the Service.
2.4. For the purposes of these user terms and conditions, “Customer” is any user who uses the Platform of Innsides to provide information and possibly to find a suitable Provider.
2.5. Within the meaning of these terms and conditions, “Content” means all data, posts, texts, image documents and other content that the Provider may publish on his/her profile page.
3. Registration, conclusion of contract, Facebook Connect
3.1. The use of the Platform is not permitted for minors nor for natural persons of only limited legal capacity.
3.2. The use of the Platform as a Provider requires registration at Innsides and the setting up of a User account and a Provider’s profile.
3.3. The use of the Platform as a Customer is possible without registration. However, the use of certain functions such as the saving of favourites is only possible after registering and setting up a User account.
3.4. The user is obliged to truthfully and completely specify the data gathered with registration. Given a change to the data collected after successful registration, the User is required to update the information in his/her user account immediately or – if this is not possible – to immediately notify Innsides of changes.
3.5. When registering, the User will establish a User name and a password (hereinafter “Account Information”). The User has to keep this Account Information secret and protect it from access by unauthorized third parties. If the User has lost the Account Information or if he/she discovers or suspects that his/her Account Information is being used by a third party, he/she must immediately inform Innsides.
3.7. By sending the registration form the User initiates an offer to conclude a User contract with Innsides. If Innsides accepts the registration, the User will receive a confirmation email at the email address specified by him/her or associated with Facebook. Upon receipt of the confirmation email the User contract between Innsides and the User will come into force.
4. Content and scope of the Service
4.1. Innsides provides the Platform in its given existing form and with its given existing functions. The User has no claim regarding the provision and maintenance of specific functions.
4.2. Innsides will seek to ensure usage of the Platform that is as uninterrupted as possible. Due to technical failures, maintenance and further development of the Service, there may be momentary interruptions in availability or limitations.
5. User obligations
5.1. The User is obliged to refrain from
a) systematically or automatically reading out information from the Platform
b) using the platform in a way that can lead to overloading of Innsides’ systems or to malfunction of the systems,
c) reproducing, processing, making public or otherwise using the content made available by Providers via the functions offered by Innsides, without receiving the necessary rights of use as granted by the Providers.
5.2. The User has the opportunity to possibly review Providers represented on the platform. In this respect he/she is prohibited from any conduct that is contrary to the objective of fair and meaningful reviews. Contraindicated in particular are,
a) evaluating oneself as a Provider,
b) obtaining benefits from other Users for a positive review, whereby this also includes the mutual agreement of positive reviews via multiple users or
c) presenting illegal content in the instance of a review, especially false factual assertions and statements, which are contrary to provisions for the protection of personal honour or otherwise violate the personal rights of others.
6. Special Provider obligations
6.1. If the User operates as a Provider, he/she is obliged to supply a Provider profile with Provider identification that meets the legal requirements (“Company Details”).
6.2. The Provider is also obliged to keep the data published on his/her Provider profile information up-to-date and to correct changes immediately. Innsides reserves the right to terminate User accounts and Provider profiles with erroneous or incomplete data, after prior warning, temporarily or permanently, or to delete them.
6.3. The Provider is obliged not to upload illegal or unlawfully created content or enter it into the Platform, to publish such on his/her profile page, or otherwise to disseminate it via the Platform. Unauthorized content is in particular that,
a) for which the Provider does not own the necessary rights,
b) which violates the right to privacy or other personal rights, especially the right of depicted persons regarding their own image,
c) which was created in violation of the property rights of a property owner or another entitled person,
d) which contains pornographic, obscene or derogatory motives,
e) which violates the copyrights and ancillary copyrights or trademark rights of others, or otherwise may result in civil or criminal liability.
6.4. The Provider is obliged to
a) insure before entering contents that their use is legally permissible,
b) obtain usage rights for the use of content, to the extent necessary, which also entitle him/her to in turn grant Innsides the rights described in Section 7, and
c) inform Innsides immediately if he/she finds that he/she has entered illegal content into the Internet site, and to immediately remove such from the Internet site.
6.5. In the case of Provider violations Innsides is entitled to take reasonable measures to rectify them. In particular Innsides is entitled to edit, block or delete infringing content.
7. Granting of rights via the Provider
7.1. The Provider grants Innsides simple, territorially unlimited rights of use to the content posted by him/her and published on his/her profile page as required for the operation of the website, to the extent necessary for the operation of the Service.
7.2. In particular the Provider grants Innsides the right to
a) save the content on the Innsides’ server and enter it into the Innsides’ Platform, and to make the necessary reproductions to this end,
b) edit the content, to the extent necessary for conversion into a compatible file format for the Platform,
c) make the content accessible to the public, to send and otherwise reproduce it publicly, in particular to maintain the content for retrieval by any third parties via the Internet or other data networks,
d) use the content or excerpts of it for the purpose of editorial coverage of Innsides, as well as to advertise the Platform in any media, in particular via the newsletter sent by Innsides, to make the necessary copies and to give third parties the required rights for this use,
e) allow third parties to download the content on fixed or mobile devices, and to allow the intended use of the content.
7.3. The granting of rights proceeds upon uploading content to Innsides’ server. It ends with the deletion of the relevant content by the User, but no later than with the termination of the contractual relationship between the User and Innsides.
7.4. The User warrants that he/she is entitled and in a position to grant Innsides rights of use to the extent set out above. Innsides is entitled to demand from the User evidence that he/she has the necessary legal rights to use all, in particular protected contents posted by him/her.
8. User liability, exemption
The User is aware that in the event of unlawful use of content, there is the danger that Innsides can be subject to legal action by third parties due to the resulting justified legal violations. If the User culpably violates obligations under this User Contract, and if this has led to a violation of law, and a claim is then made against Innsides by a third party, the User is obligated to indemnify Innsides from all claims asserted by the third party. This indemnification also applies for all necessary costs incurred by Innsides’ own legal defence.
9. Innsides’ Liability
9.1. In accordance with the statutory provisions Innsides is liable for damages to the User
a) stemming from gross negligence or wilful misconduct,
b) which are the consequences of the absence of a guaranteed quality in the Service,
c) which are based on a culpable violation of an essential contractual obligation,
d) which are the result of a culpable violation of health, body or of life, or
e) for which liability is provided under product liability law.
9.2. Essential contractual obligations are those contractual obligations which enable the fulfilment of the contract’s proper execution in the first place, and on whose compliance the contractual partner regularly relies on and may rely on, and whose violation by the other party endangers the purpose of the contract.
9.3. Given a breach of a contractual obligation, liability is limited to damages that arise within the scope of maintaining a service, such as is to be typically expected and is foreseeable from Innsides. For atypically occurring and unpredictable damages, Innsides is only liable if the damage was caused intentionally; this shall not apply if life, body or health are concerned.
9.4. In general Innsides’ liability is excluded regardless of the legal basis.
10. Duration, termination of the contract
10.1. The User Contract is concluded for an indefinite period. Both parties have the right to terminate the User Contract at any time without notice. The notice must be in writing (e.g. letter, fax, e-mail). User termination applies equally if the User deletes his/her user account.
10.2. With the termination of the contract the User’s user account and possibly his/her Provider profile will be blocked and deleted.
11. Amendment to terms and conditions of use
11.1. Innsides has the right to amend the terms and conditions of use in order to supplement regulations or possibly to introduce new additional features. The proposed amendments to the terms and conditions of use will be announced to the User by email sent to the email address specified by him/her or associated with Facebook, at least four weeks before their scheduled entry into force. The agreement of the User to change the terms and conditions of use shall be deemed given if the amendment has not been appealed in writing (e.g. letter, fax, email ) within a period of two weeks, beginning with the day following the amendment notice. Innsides warrants, within the amendment notification, to separately notify of the possibility of appeal, the time limit for appeal, the requirement of written form and the importance or the consequences of not appealing.
11.2. If the User appeals the amendment to the terms and conditions of use in the correct form and in due time, the contract will continue under the existing conditions. Innsides reserves the right in this case to terminate the contract.
11.3. A change in the terms and conditions of use with the express consent of the User is possible at any time.
12. Place of jurisdiction and applicable law
12.1. If the User is a merchant, a legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationship claims is Berlin-Prenzlauer Berg.
12.2. The law of the Federal Republic of Germany shall apply exclusively for the contract. The application of the UN Sales Convention (CISG) is excluded.
Innsides Interiors UG (limited liability)
Lübecker Straße 26
Represented by Anne-Marie den Hertog and Vasco Sommer-Nunes
Commercial Register: District Court, Charlottenburg
Commercial Register Number: HRB 155994 B
Innsides Referral Program
The Innsides Referral Program allows registered users (“users”) to earn discounts on future purchases by referring friends to Innsides. To participate, users must agree to these terms, which are part of the Innsides Terms of Service.
1. How to Earn Refunds
Innsides users can earn refunds towards future purchases if a referred friend clicks on their referral link to create a valid Innsides account that complies with our Terms of Service.
2. Availability of and Qualifying Refunds
Innsides provides users with a newsletter that contains links and internet destinations of affiliated shops and partners where users can purchase items. Only purchases at these stores featured in the newsletter are eligible for refunds. Should a purchase be made available directly on Innsides.com, then this purchase is also available for discounts.
3. Redeeming Refunds
Once a purchase is made on affiliated stores or on innsides.com directly, the user needs to forward the purchase confirmation via email to firstname.lastname@example.org. After 70 days, innsides.com will credit the bank account, credit card or Paypal account of the user with the refund, unless the order was cancelled before. In order for innsides.com to provide the refund, the user must communicate bank account, credit card details or Paypal account references to innsides.com.
4. Sharing Referral Links
Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends.
5. Multiple Referrals
A referred friend may only use one referral link. If a referred friend receives referral links from multiple Innsides users, only the corresponding Innsides user of the referral link used by the referred friend will receive refunds.
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
7. Termination and Change
Innsides may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Requirements and incentives may also change at any time. Refunds or other incentives such as gift cards earned as a result of fraudulent activities are null and void. We reserve the right to suspend accounts or remove referrals if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or cancel or modify referrals as we deem fair and appropriate. Non-fraudulent accrued refunds, credits or gift cards earned are not affected by suspension or termination of the Referral Program or a user’s participation.
Innsides can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the innsides.com website, applications, or services, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification. If the modified terms are not acceptable, the only recourse is to stop sending referrals or participating in the Referrals Program.