General Terms of Contract MEETYOO Pro

General Terms of Contract MEETYOO Pro

(as of 8/31/2021)

The following contractual conditions apply to the provision of MEETYOO Pro by meetyoo conferencing GmbH:

1. Availability of the Platform

The customer acknowledges that 100% availability of the platform is technically impossible. meetyoo endeavors to keep the platform available as constantly as possible. In particular, maintenance, security or capacity issues as well as events beyond the control of meetyoo (such as disruptions of public communication networks, power failures, etc.), but also hardware and software failures, in particular also of the software and hardware and IT infrastructure of the customer, may lead to short-term disruptions or to the temporary suspension of the services of the platform. This contract merely grants a right to use the platform within the framework of these technical and operational possibilities of meetyoo just described. 

The customer acknowledges that meetyoo must carry out maintenance work; this is generally carried out at weekends or at night (planned maintenance work). In the event of an emergency, meetyoo reserves the right, at its own discretion, to carry out maintenance work on the entire platform (unplanned maintenance). In the event of unplanned maintenance, meetyoo undertakes to inform the customer as soon as possible by e-mail or by telephone of the maintenance work. In the context of (planned or unplanned) maintenance work, the availability of the platform is not always restricted or interrupted, but there is a possibility of such restrictions or failures. In these cases, meetyoo undertakes, in collaboration with the customer, to restore availability as quickly as possible using its own operational resources.

The customer is aware that the data for operating the virtual platform and for conducting virtual events on the platform are transmitted via public channels, in particular the Internet. The customer acknowledges that the transmission is not 100% secure. meetyoo undertakes to secure the customer's data according to industry standards but does not guarantee 100% security.

2. Service Level Agreement

meetyoo guarantees a response upon receipt of notification of a malfunction of the platform by telephone or e-mail within 4 hours during business hours 8:00 - 17:00 CET/CEST. In the case of serious faults, the time for a first response is reduced as defined below, provided the fault is communicated in person by telephone. meetyoo will rectify faults as quickly as possible. In this case the times for a first answer and the solution are determined according to the specifications as shown below. If the time limits for serious errors are not respected, meetyoo's claim to remuneration for the event concerned will be reduced by 25%. If the time limits for serious errors set out below are not complied with twice, meetyoo's claim to remuneration for the event concerned will be reduced by 50%. If the time limits for serious errors are missed three times, meetyoo's entitlement to remuneration for the event in question will lapse completely. The reduction or cancellation of the claim to remuneration only applies if the causes of the failure lie within the sphere of control of meetyoo and are the fault of meetyoo. 

If such downtime is not within the control of meetyoo (e.g. power failure, disturbances in the public communication network) or if the causes of the downtime are not the fault of meetyoo, the claim for remuneration remains valid.

Error categories 

3. Protection of Third Party Content

1. meetyoo does not acquire any rights to the acoustic or visual information, documents, videos, etc. (hereinafter referred to as Content) placed or created by the customer on the platform. (hereinafter referred to as Content) beyond the scope agreed in this offer. The customer grants meetyoo a free, non-transferable right of use to the Content, in particular the right to store the Content on meetyoo's servers, to publish it within the framework of the virtual platform, to process and reproduce it to the extent necessary for the virtual platform, and to grant rights of use to third parties to the extent necessary for the virtual platform.

2. The customer is fully responsible for the Content. meetyoo does not assume any responsibility for checking the Content for completeness, correctness, legality, up-to-dateness, quality and suitability for a particular purpose. The customer assures meetyoo that he is the owner of all rights necessary for the use of the Content or that he is otherwise entitled to place the Content on the platform and to grant the rights of use and exploitation within the meaning of item 1. Insofar as third parties assert rights to the Content against meetyoo, the customer shall indemnify meetyoo against any claims upon first request.

3. meetyoo reserves the right to refuse to post content and/or to edit, block or remove content that has already been posted, after prior notification of the customer, if the posting of the content has led to an infringement under point 4 (prohibited activities) or if there are concrete indications that a serious infringement of point 4 will occur.

4. The customer undertakes to make the content available in accordance with meetyoo's specifications (format, time of provision).

4. Prohibited Activities

1. The customer undertakes to refrain from any activities on or in connection with the platform that violate applicable law or infringe the rights of third parties. In particular, the following actions are prohibited:

        a) the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection         laws, data protection laws and/or other laws and/or are fraudulent;

        b) the use of content that insults or defames other participants or third parties;

        c) the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party             rights (e.g. copyrights) without being expressly authorized to do so.

2. Furthermore, the following activities by the customer are also prohibited, irrespective of any infringement of the law, when posting their own content on the platform and when communicating with other participants           (e.g. by sending personal messages, by participating in discussion forums or by writing guestbook entries):

        a) the distribution of viruses, Trojans and other malicious files;

        b) the sending of junk or spam mail and chain letters;

        c) the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication, as well as content or            communication that is likely to promote or support racism, bigotry, hatred, physical violence or illegal acts (in each case explicitly or     implicitly);

        d) harassing other participants, e.g. by making multiple personal contacts without or contrary to the reaction of the other participant,      as well as encouraging or supporting such harassment;

        e) soliciting other participants to disclose passwords or personal information for commercial or unlawful purposes;

        f) the distribution and/or public reproduction of content available on the platform, unless this is expressly permitted by the            respective author.

5. Property Rights of meetyoo

1. With this contract, no rights in connection with the platform, be it property rights or rights of use of any kind whatsoever, shall be transferred to the customer, insofar as nothing else arises from other provisions of this offer. This applies in particular to the design of the platform, the design, the source code, as well as suggestions, ideas, improvements to the platform, etc. implemented within the framework of the virtual platform. The customer will not assert any claims against meetyoo in this respect.

2. The customer undertakes, to the extent legally possible, not to modify, adapt, translate, reverse engineer, decompile or disassemble meetyoo's software.

6. Usage rights of meetyoo

1. The customer grants meetyoo a free, non-transferable right to use the Content, in particular the right to store the Content on meetyoo's servers, to publish, to process and to reproduce the Content in extracts for advertising purposes. The use for advertising purposes is subject to the benevolent review and approval of the customer.

2. In particular, the customer grants meetyoo the right to create and publish a reference ("success story"). This will be produced by meetyoo after completion of the event and can be used without restriction for advertising purposes after a favorable review and approval by the customer.