1.1** These General Terms and Conditions of Use (hereinafter referred to as "TOU") define the modalities for the use of the service of Migrapreneur UG (haftungsbeschränkt) (hereinafter referred to as "Migrapreneur") and the rights and obligations of Migrapreneur and the expert.
1.2 The Migrapreneur platform enables the expert to make appointments with users online.
1.3 The services are made available to the expert for a fee.
2.1** Each expert must create a user account and take out a subscription in order to have access to online appointment booking and undertakes to comply with these TOU.
2.2 If the expert does not agree with all or parts of the TOU, use of the services is not possible and not permitted. The TOU shall apply from the time of inclusion in the contract for the duration of the contract.
2.3 The expert confirms that they are acting as an entrepreneur (Section 14 BGB) when using the platform.
3.1** In order to use the online appointment scheduling services, the expert must create a user account online by submitting an online onboarding form and taking out a subscription. When setting up their user account, the expert undertakes to provide correct and complete information about their identity as requested in the onboarding form. In particular, he/she undertakes not to feign a false identity that could mislead Migrapreneur and not to provide the identity of another person. In the event of a change, the expert is obliged to immediately update the data that he/she entered in his/her user account when first registering or at a later date.
3.2 In the event that the expert provides false, inaccurate, outdated, incomplete or misleading information, Migrapreneur may immediately and without notice or compensation suspend access to the User Account and deny access to the Services temporarily or permanently.
3.3 After confirming the TOU and creating the user account, the expert will receive a confirmation email to the email address provided by the expert. In this confirmation email, the expert is asked to connect a Stripe account. Our team will review the provided information once the expert has connected the Stripe account. Upon successful review and verification, the expert account will be confirmed, completing the onboarding process, and the expert's profile will go live on the platform.
4.1** The first month of the subscription is free of charge. After that, the amount payable is EUR 99 per month, or EUR 90 per month if an annual subscription is taken out.
4.2 An additional service fee equal to ten percent (10%) of the total appointment fee shall be applied to each successfully booked appointment for the expert.
5.1** Migrapreneur uses all necessary means to ensure the smooth running and quality assurance of the services.
5.2 Migrapreneur limits itself to the role of a mediator and technical service provider.
5.3 Migrapreneur limits itself to the role of a mediator and technical service provider. The expert acknowledges that Migrapreneur cannot be held liable for interruptions or delays in the Services that are beyond its control and, in particular, that the provision of the Services is dependent on the reliability, availability and provision of permanent connections by third parties (telecommunications network operators, public Internet, the Expert's equipment, etc.) and on the accuracy and completeness of user data. Migrapreneur may be required to suspend the Services for scheduled maintenance by Migrapreneur or in case of technical necessity (emergency maintenance).
5.4 Migrapreneur is liable, irrespective of the legal grounds, for damages caused by it, its legal representatives or its respective vicarious agents in accordance with the following provisions: In the event of a simple negligent breach of essential contractual obligations, Migrapreneur´s liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for the contract, which, however, shall not exceed an amount equivalent to twelve (12) monthly subscriptions for the services within the scope of a concluded subscription. Material contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on which the contracting parties may regularly rely. The aforementioned limitations of liability shall not apply in the event of willful misconduct or gross negligence or in cases of mandatory statutory liability, in particular in the event of the assumption of a guarantee or in the event of injury to life, limb or health. In all other cases the liability of Migrapreneur is excluded.
The expert undertakes to • to comply with the terms of the contract; • to submit to Migrapreneur all information necessary for the provision of the Services and to regularly update the User Data. The expert is solely liable for any consequences related to an error or delay in updating said data; • to verify that the technical requirements communicated for the use of the services, if applicable, are met; • to protect against the risk of data, file and program loss or theft by using anti-virus software packages that are regularly updated; • to maintain the greatest possible confidentiality with regard to the access data in order to prevent unauthorized use of the services; • to comply with the laws and regulations applicable to the contract when using the services; not to use the Services in any way that could damage Migrapreneur's reputation (in particular by making defamatory or offensive statements);
6.2 The expert also assures that he/she has the necessary qualifications to provide the service and will provide Migrapreneur with appropriate evidence upon request.
6.3 The Expert shall indemnify and hold Migrapreneur, its employees and agents harmless from any and all claims, suits or demands for damages by any user, third party or governmental authority and shall pay for Migrapreneur and its agents all costs and expenses (including attorneys' fees, costs and disbursements) and damages in connection with claims and suits relating to the following: • the use of the services insofar as this use is unlawful, in breach of contract or contrary to the ethical and expert principles of the expert; • the subscriber and/or user data and their use by the expert or their assistants • the infringement of the intellectual property rights of Migrapreneur and third parties due to the use of the services by the expert or his assistant; and • the content and quality of the information processed by the expert or their assistants on the Migrapreneur platform.
This indemnification obligation does not apply if the expert proves that Migrapreneur itself has contributed at least negligently to the occurrence of the expenses, costs or damages.
7.1** The expert can manage their appointments (cancel, change).
7.2 Any appointments made in this context are made under the sole responsibility of the expert concerned in the context of the exchange with the user.
7.3 The use of the services does not in any way directly or indirectly affect or weaken the responsibility and obligations of the experts registered on the Migrapreneur platform towards the users. The experts practice their profession independently and in accordance with expert and other legal regulations. Migrapreneur cannot be held responsible in any way for a cancellation or unavailability of the expert after an appointment has been made by the user via the online appointment scheduling service.
7.4 An independent, separate contract is concluded between the user and the expert. The user must pay for the services used by the expert exclusively via the Migrapreneur platform. The processing of payments is carried out in cooperation with Stripe Inc. an international provider of cashless payments. In connection with the collection of data for the execution of payments, Stripe's data protection regulations apply accordingly, which can be found at https://stripe.com/de/privacy.
8. Intellectual property
8.1 The Migrapreneur Services and all components that make them up are, unless otherwise stated, the exclusive property of Migrapreneur.
8.2 No provision of the contract can be interpreted as an assignment of intellectual property rights.
8.3 Migrapreneur grants the expert a personal, non-exclusive, non-transferable and non-assignable right to use the Migrapreneur platform for the duration of the contract.
8.4 The expert undertakes, • not to make any attempt to access or copy the source codes of the Migrapreneur platform; • not to use the Migrapreneur platform for purposes other than the use of the services; • not to create copies of the Migrapreneur platform; • not to reproduce, correct, extract, modify, translate the Migrapreneur Platform into one or more languages or integrate the Migrapreneur Platform into other software or create derivative works based on the Migrapreneur Platform; • not to resell, rent or commercially use the Migrapreneur platform and not to transfer the Migrapreneur platform to third parties.
8.5 The expert acknowledges that all violations of this article constitute a violation of the law and may be subject to civil or criminal penalties
8.6 No special features are guaranteed for the Migrapreneur platform, unless these are assumed in other sections.
9. Blocking
9.1 Migrapreneur reserves the right to investigate any suspicion of misuse or material breach of contract, to take appropriate precautions and, in the event of reasonable suspicion, to block the access of the expert.
9.2 Abusive behavior includes in particular any defamatory, threatening or insulting statements in word or writing. If the suspicion can be dispelled, the suspension will be lifted, otherwise Migrapreneur may be entitled to an extraordinary right of termination. The suspension of all or part of the services has the consequence that access to the service(s) concerned is temporarily restricted or prevented. Migrapreneur is not liable for damages resulting from the suspension of the services, insofar as there was a reason for this in accordance with the above regulation.
10. Termination
10.1 Migrapreneur can terminate the contract with a notice period of one month without giving reasons. The right to extraordinary termination for good cause remains unaffected by this. An extraordinary reason for termination may exist in particular in the case of defamatory, threatening or insulting statements.
10.2 The expert reserves the right to terminate this Agreement at any time, with immediate effect, by logging into the Migrapreneur platform, navigating to 'Manage Subscription,' and following the prompts to cancel via the Stripe payment portal. In the event of termination:
(a) For monthly subscriptions, the Expert shall retain access to the services until the conclusion of the current billing cycle. (b) For annual subscriptions, termination shall take effect at the expiration of the original contract term.
The Expert may also modify their subscription plan (e.g., switching between monthly and annual plans) through the 'Manage Subscription' panel on the Migrapreneur platform.
The termination of the calendar service shall automatically result in the cessation of all associated and/or dependent additional services, without further notice or liability.
10.3 The termination of the contract by Migrapreneur or the expert leads to the automatic revocation of the expert's right of access to his account and to the deletion or anonymization of all user data, unless retention regulations prevent this. However, Migrapreneur is entitled to keep a copy of the confidential information if there is a legal obligation to do so.
11. Protection of personal data
The data protection notices accessible here and available on the website (https://migrapreneur.org) describe the respective data protection regulations. Roles and obligations of the expert and of Migrapreneur with regard to the processing of personal data in the context of the performance of the services. By accepting these TOU, the expert and Migrapreneur undertake to comply with the terms and conditions of the aforementioned data protection notice.
12.1** Should individual provisions of this contract be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by an alternative provision that comes as close as possible to the purpose of the invalid or unenforceable provision.
12.2 The TOU stored and included on the website at the respective time of use shall apply.
12.3 Migrapreneur is free to amend these TOU at any time, in particular to take account of legal and/or technical developments or restrictions. The expert will be informed of the change to the TOU at least six weeks before it comes into force. The expert may object to the amendment within this period. After this period has expired, the amendment shall enter into force. If the expert objects, Migrapreneur has the option of extraordinary termination of the subscription contract.
12.4 Duty to mitigate damages: The parties shall endeavor to achieve the objectives stated in the contract. In particular, the party suffering from the non-fulfilment of an obligation must take all reasonable measures to minimize any resulting damage. If it fails to do so, it can only demand compensation from the other party for the damage that it could not avoid.
12.5 All disputes arising out of or in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law. The arbitration tribunal shall consist of a sole arbitrator. The place of arbitration is Berlin. The language of the proceedings shall be English. The applicable law in the matter is German law.
12.6 This contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Berlin, insofar as legally permissible and applicable due to clause 12.5.