Terms of use

1. General

(1) These terms of use apply to all legal relationships between smaboo GmbH Tömperweg 1, 47669 Wachtendonk (hereinafter: “SMABOO”) and the users of the software application of SMABOO and the platform connected to the app as well as its contents. By downloading the software application, the user accepts these terms of use as binding for him.

(2) SMABOO has developed software which can be used as an application on Harmony Android and iOS systems. The software makes it possible to book appointments with service providers that have been set up on a platform, to rate service providers on the platform, to upload pictures and videos (insert description of the software) and to contact other users.

(3) Deviating regulations of the users do not apply unless SMABOO has expressly confirmed this in writing. Individual agreements always take precedence.

(4) The business relationship between SMABOO and the user is subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

(5) The contractual language is German.

(6) The user can call up, save and print out these terms of use. In addition, SMABOO stores the text of the contract after it has been concluded; however, this text is not accessible to the user.

(7) Users who are consumers have the option of using alternative dispute resolution. The following link of the EU Commission (also known as the ODR platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online service contracts: http://ec.europa.eu/consumers/odr.

(8) Duty to provide information pursuant to the Consumer Dispute Resolution Act (§ 36 VSBG): SMABOO is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.

2. General conditions for the use of the app

(1) The APP is offered by SMABOO free of charge to users via app stores.

(2) Users are responsible for providing the hardware and software required to operate the software.

(3) SMABOO grants users the non-exclusive right to use the software for the purposes stated herein and not for commercial purposes.

(4) Insofar as this is necessary for use in accordance with the contract, users are entitled to reproduce the software supplied. A reproduction required for use in accordance with the contract is the installation and running on the end devices of the users.

(5) Otherwise, the users are not entitled to duplicate or transfer the software to third parties, unless otherwise stipulated by law.

(6) Users are not entitled to alter or process the software unless the alteration or processing is a removal of a defect that is necessary for the contractual use of the software and which SMABOO has fraudulently concealed and with which SMABOO is in default.

(7) SMABOO delivers the Software to Users via the Harmony, Apple or Google Appstores.

(8) SMABOO is not responsible for installing the software on the user’s system, which is the sole responsibility of the user.

3. Registration; User account

(1) After purchasing the app, the user can register on the SMABOO platform and create a user account.

(2) To register, the user will be asked to enter his first and last name, his mobile phone number and his e-mail address. Until the registration process is completed, a user can correct the entries directly in the input fields using the usual touch screen, keyboard and mouse functions.

(3) After initial registration, the user will receive an authentication code by SMS. The user must then enter this code in the APP in order to activate the user account. If the authentication code is not entered within one minute, the code will expire and the user’s data will be deleted.

(4) With the authentication by the user, a contract on the use of the SMABOO platform is concluded between SMABOO and the respective user. SMABOO confirms the conclusion of the contract of use to the user by transmitting the authentication code and makes the contract of use and the terms of use available to the user in the app. There is no entitlement to the conclusion of a user contract.

(5) If the user is registered, he can provide further personal details in his user account and also upload pictures. The settings of the user account are preset in such a way that the user’s data only appears pseudonymised. Non-registered users do not receive any information about registered users. regardless of whether they are released or not.

4. Appointment booking

(1) The user can reserve the appointments set by the service providers. He may cancel a reserved appointment at the latest up to 30 minutes before the time at which the appointment is to begin.

(2) To reserve an appointment, the user must provide his first and last name, telephone number and email address. Further personal details are voluntary.

(3) The service provided by SMABOO does not include ensuring that service providers keep the reserved appointments and/or provide the agreed service without deficiencies and/or errors.

5. Assessment of service providers

(1) The user can rate service providers with whom the user has made appointments.

(2) Users may only rate service providers with whom they have actually made an appointment.

(3) It is also forbidden to claim untrue facts in the evaluations or to insult service providers.

(4) SMABOO is free to delete reviews at any time and without giving reasons.

6. Use of the social media function

(1) The software offers a social media function by means of which users can contact other users by sending messages. It is possible for users to share photos, texts, audio and video files.

(2) In order to enable contact with other users, the software checks which of the mobile phone numbers in the address book of the mobile device of the user concerned are already assigned to other registered users. For this purpose, the user must allow the software to access the contacts in the address book of his mobile terminal. The user may only grant permission if he/she ensures that the persons whose contacts are stored in the address book have consented to the comparison.

7. General duties of conduct of the users, indemnification in the event of violations

(1) The information provided by users is not checked by SMABOO as a matter of principle; random checks may be carried out if necessary. However, if SMABOO becomes aware that a user is in breach of these terms of use or of legal regulations, the illegal content will be removed immediately or the user account will be deactivated.

(2) If a user has reserved an appointment and is unable to keep it, he/she should cancel it at least 30 minutes before the time at which the appointment is due to start.

(3) In addition, each user shall undertake not to use the software and/or the platform connected thereto to publish content or transmit messages which, or the setting of which

• are immoral, pornographic, racist or otherwise offensive,
• are unobjective or deliberately untrue,
• infringe the rights of third parties, in particular copyrights,
• otherwise violate applicable laws or constitute a criminal offence,
• contain viruses or other computer programs which may damage software

or hardware or impair the use of computers,

• are surveys or chain letters or disguised advertising, or
• serve the purpose of collecting and/or using personal data from other users, in particular for commercial purposes.

(4) Should SMABOO learn of a breach of the above provisions, SMABOO reserves the right to modify or delete the published content. Each user is obliged to inform SMABOO immediately if there are indications that his access has been misused. In principle, each user is liable for all activities carried out using his access and indemnifies SMABOO against any claims for damages by third parties, unless the user is not responsible for the misuse.

(5) Unless the user is not at fault, the user shall, at his own expense, indemnify, hold harmless and defend SMABOO from and against any and all third party claims, actions or suits against SMABOO or its legal representatives or agents, as well as any and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other costs of negotiation) incurred by SMABOO or its legal representatives or agents arising out of or in connection with any breach by the User of these Terms of Use or any applicable laws or requirements in connection with the use of the Software and/or the related Platform. In such event, SMABOO will notify the User in text form of any such claim, action or proceeding. The User shall participate to the fullest extent possible in the defence of any such claim.

8. Liability

(1) SMABOO is liable without limitation:

• in the event of malice, intent or gross negligence;
• within the scope of a guarantee expressly assumed by them;
• for damages resulting from injury to life, body or health;
• for the breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of this contract and on the observance of which the parties may regularly rely and trust (“cardinal obligation”), but limited to the damage reasonably to be expected at the time of the conclusion of the contract;
• according to the provisions of the Product Liability Act.

(2) In all other respects, liability on the part of SMABOO is excluded.

(3) The above liability rules apply accordingly to the conduct of and; claims against employees, legal representatives and vicarious agents of SMABOO.

9. Deactivation and termination

(1) Notwithstanding the right to extraordinary termination and deactivation of the user account for good cause, in particular in the event of a breach of the above terms and conditions, each party is entitled to terminate the user contract with a notice period of 14 days.

(2) Furthermore, the contract may be terminated in writing by either party without notice for good cause and the user account may be deactivated. Good cause, which entitles SMABOO to terminate the contract, exists in particular in the following cases

• If the user posts unauthorised content in contravention of these terms and conditions.
• If the user makes reserved appointments without having made them at least 30 minutes before the fails to cancel at the time when the appointment starts and/or
• If the user rates service providers with whom he/she has not made an appointment and/or
• If the user claims untrue facts about service providers and/or insults them.

10. Data security

SMABOO collects, processes and uses personal data in accordance with its privacy policy and the provisions of the law.

Status: September 2022