Terms of Use
General Terms of Use
A. Basics
1. Introduction
1.1 With ensun, the operator wants to match solution providers, such as startups, students and freelancers, with solution-seeking companies, the project creators.Through ensun, the solution providers can access an extensive stock of information and various offers of project creators of the operator. ensun is designed as a matching platform that uses intelligent
2. Scope of the Terms of Use
2.1 ensun is a web-based platform that is provided by the operator for use by startups, students and freelancers (hereinafter also referred to as "solution provider") and interested companies (hereinafter also referred to as "project creator"). Users are defined as both parties of the platform.
2.2 The use of ensun is exclusively based on these General Terms of Use, which have to be accepted by all solution providers and project creators.
2.3 For individual offers, these General Terms of Use can be supplemented by special terms of use, which then take precedence over these General Terms of Use. General Terms of Use and Special Terms of Use are uniformly referred to as the Terms of Use.
3. Operation of ensun
3.1 The operator is the sole operator of ensun. He reserves all existing intellectual property rights in this respect.
3.2 Unless explicitly stated otherwise in the Terms of Use, all rights remain with the respective rights holder.
B. Registration and User Administration
4. Necessity for registration and requirements for registration
4.1 The use of ensun is intended for persons who, at the time of registration, either run a business, are employed in a business, are actively enrolled as students at a university or work as freelancers. In addition, the operator may grant access to ensun to other groups of persons at its own discretion.
4.2 The contents, functions and services of ensun are only available to registered users. The registration can either be done by the operator directly or by the user himself.
4.3 The Operator may also make access to certain content, functions and services dependent on further requirements, such as participation in certain events organized by the Operator or a Project Provider.
5. Registration information
5.1 In the course of registration, personal data is requested by the Operator, which is stored and processed. Necessary data are marked as such, all other data are voluntary.
5.2 The User undertakes to provide truthful information during registration. This applies equally to necessary and voluntary information.
5.3 The information provided during the registration process may be used by the operator to run ensun and to evaluate the user behavior. Data will only be passed on to third parties in accordance with data protection regulations.
6. Registration requirements
6.1 Registration is personal, so that an account may only be used by one natural person at a time.
6.2 The user assures that he/she is of legal age at the time of registration and that he/she will only use the account himself/herself.
7. Inclusion of the terms of use
7.1 By registering, the user accepts these terms of use.
7.2 The user commits himself to the operator to adhere to the terms of use and not to induce third parties to violate the terms of use.
8. Access data
8.1 After successful completion of the registration process, the User will be given the opportunity to set his own password or to change the password already assigned.
8.2 The user is obliged to treat the access data (user name and password) to his account confidentially and not to pass them on to third parties.
9. Creation of profiles
9.1 After the successful completion of the registration process, a profile will be created for the user at ensun, which can be completed by the user using his/her access data. The profile can be further edited and adjusted at any time
9.2 The duty of truthfulness also extends to all other information that can be entered within the scope of one's own profile. The user must immediately change the data stored in his profile as soon as it is no longer accurate or up-to-date. The user shall check the actuality of the profile information at least every six months.
9.3 The user appears at ensun with his full name or in the name of the company. The chosen username is exclusively required for the user's registration. The duty of truth prohibits to use a pseudonym or to abbreviate one's own name for the use of ensun.
10. Deletion of profiles
10.1 The user can delete his or her ensun profile at any time. By deleting his profile, the user loses his status as a registered user.
10.2 If the operator has recourse to his virtual domiciliary rights and excludes the user permanently from using ensun, the user's profile will be deleted as well.
10.3 If a user wants to use ensun again without restrictions after having deleted his profile, he may have to register again. If the profile has been deleted by the operator, the operator reserves the right to prohibit a user from registering again.
10.4 Upon deletion of the user's profile, the user's posts will only be displayed without reference to a profile. The user agrees that the contributions themselves will not be deleted, but that his interests will be sufficiently taken into account by anonymization.
10.5 The Operator is entitled to delete or shut down inactive profiles itself if they have not been used for at least one year and the Operator has informed the User of this in advance by e-mail. A profile is considered to be no longer in use if the user has not logged in to ensun during the aforementioned period of time.
C. Use of ensun
11. Access to ensun
11.1 During the registration process, the operator provides the user with the information necessary to access ensun, especially the access data consisting of user name and password.
11.2 In order to access ensun, the user needs a suitable computer system with a web browser or an internet-enabled cell phone as well as an internet connection with sufficient bandwidth.
12. Availability of ensun
12.1 The operator strives to ensure the possibility to use ensun without interruptions as far as possible. The operator strives for an all-day availability even on holidays (24 hours a day, 7 days a week).
12.2 Particularly in the course of maintenance work, the possibility of use may be temporarily restricted. The Operator shall endeavor to carry out planned maintenance work at times when there is little use.
12.3 If maintenance work or other events are foreseeable for the Operator, which lead to a longer lasting restriction of the possibility of use, the Operator will inform the User about this.
13. Change of the scope of services
13.1 The operator shall make every effort to keep ensun's offer at least constant and to expand it if possible.
13.2 If an offer is no longer available in the future, the operator will inform the user within a reasonable period of time.
13.3 ensun and the individual offers shall be continuously developed as far as possible. Due to the further development of ensun and existing offers, both the scope of services and the operation of ensun may change. The operator is entitled to make corresponding changes at any time.
14. Storage and transfer of data
14.1 The operator stores all information provided by the user via ensun centrally and guarantees an adequate data backup of the information.
14.2 The operator observes the data protection regulations regarding the information provided by the user and secures the information against unauthorized access by third parties.
14.3 After closing an Advertisement, the Operator shall make available to the Project Creator all data provided by the Solution Provider, such as contact data, reference projects, etc., of all applicants of this Advertisement.
15. Information of the user
15.1 Part of ensun's services is also a notification of the user via email about new messages, matches, project provider inquiries as well as other information and offers at ensun.
15.2 For the purpose of notifying the user, the operator is entitled to send corresponding e-mails to the e-mail address provided by the user during registration. The frequency of the notifications can be adjusted in the profile settings.
16. Data protection
16.1 In the course of registration, personal data is collected, which will not be passed on by the Operator without the appropriate permission.
16.2 When creating or editing posts, further data will be stored and made available within ensun for reasons of traceability. This concerns in particular the time of creation or modification, the user name as well as the content itself. Furthermore, the operator additionally records the IP address used without publishing it.
16.3 Further information on data protection can be found in the operator's privacy policy for ensun.
17. Support
17.1 In case of questions regarding ensun, the user can use an online help that contains comprehensive information.
17.2 The operator additionally offers a contact option via e-mail as well as a telephone hotline. The operator informs about the availability of the hotline on its website. The Operator points out that the telephone hotline is only available during normal office hours.
17.3 Before contacting the telephone hotline, the User should make sure that the information provided in the online help is not insufficient.
18. Warranty
18.1 The operator warrants that ensun essentially fulfills its main functions as well as that it is not afflicted with substantial defects that nullify or considerably reduce the value or the suitability for the usual or according to the contract presupposed use (defects). The warranty does not cover such damages and/or malfunctions that are caused by the User violating the specifications of the Terms of Use.
18.2 The operator does not warrant that ensun meets the user's needs, of which the user has to make sure himself. The user is aware that the provision of a completely error-free system is not possible due to the complexity of such systems and that no completely uninterrupted provision of ensun can be guaranteed. Accordingly, neither is contractually owed.
18.3 The operator warrants that ensun is free of third party rights that restrict or exclude its use according to the intended scope. If the intended use is impaired by the property rights of third parties, the operator has the right, to an extent reasonable for the user, to either modify his offer in such a way that it falls outside the scope of protection or to obtain the authority that his offer can be used without restrictions and without additional costs for the user according to the contract. If neither of these is possible or not possible with reasonable effort, the operator is entitled to discontinue his offer in whole or in part.
19. Removal of defects and warranty claims
19.1 Defects of ensun will be checked by the operator after notification of the defect and will be repaired as soon as possible. The same applies to other disturbances of the possibility to use ensun. The elimination of defects and other malfunctions within a certain period of time is not owed. The user is aware of the fact that he is not entitled to any further claims due to the fact that ensun is free of charge.
19.2 Claims due to lacking or limited availability of ensun are excluded altogether.
20. Cooperation of the user
20.1 The user is obligated to check information and recommendations he/she receives via ensun for their correctness, completeness and meaningfulness. Under no circumstances may the user take over information and recommendations unchecked.
20.2 If problems, errors or discrepancies occur while using ensun or individual offers, the user should inform the operator in his own interest.
21. Freedom from charges
21.1 The use of ensun is free of charge for all solution providers.
21.2 For other users acting as project creators, the operator is entitled to charge usage fees.
D. Contents on ensun
22. Possibility for user interaction
22.1 The operator grants registered users the opportunity to create their own profile and upload documents within ensun.
22.2 For all forms of providing own content, which are hereinafter uniformly referred to as own "contributions", the following terms and conditions have to be observed and complied with. Where reference is made to "documents", this refers exclusively to files made available by users for download.
23. Compliance with legal requirements
23.1 The user is responsible for the content provided by him, in particular his profile information and contributions.
23.2 When posting and editing profile details and contributions, particular care must be taken to ensure that no third-party copyrights are infringed by the contributions.
23.3 In the case of profile photos, it must be ensured that the user is authorized to publish the photo on the Internet. If other persons are depicted on the profile photo in addition to the user, they must have given their consent to publication.
23.4 Insofar as the User creates contributions, these must originate from the User himself or the User must obtain permission from the rights holder. The operator points out that not without further ado freely available content on the Internet can be taken over for own contributions. This applies in particular to articles from Wikipedia.
23.5 The User must also ensure that no third party rights are infringed by the contributions in general and that no applicable law is violated.
23.6 The user must ensure, among other things, that no contributions glorifying violence, insulting or pornographic content are posted or that other users can be harmed, for example by viruses.
23.7 In the case of links in compliance with the rules of use, the user may be responsible for the content of the linked pages if he adopts them as his own. A responsibility of the operator does not exist.
24. Granting of rights of use to the operator
24.1 By posting contributions and/or making changes to contributions, the registered user grants the operator a comprehensive, temporally and spatially unrestricted, free, irrevocable and freely transferable right of use.
24.2 In particular, the operator is entitled to make the contributions publicly accessible and/or to reproduce them within the framework of ensun for the circle of users there.
25. Partner offers
25.1 The solution provider is aware of the fact that the operator offers project creators the possibility to offer their own offers via ensun and to get in contact with the solution providers. The respective project provider is solely responsible for the respective offers and messages including their content.
25.2 Offers and messages of the project creator are marked as such or are recognizable in another way.
E. Rules of use
26. Principle
26.1 The rules of use, which are part of the terms of use, further specify what is to be observed when creating and editing contributions.
26.2 The rules of use are ensun's netiquette; in case of non-compliance, users have to expect that their contributions will be deleted and/or that they will be excluded from further use. Sanctions may be imposed especially in case of intentional and/or repeated violation of the usage rules.
27. Impairments of ensun
27.1 The user is prohibited from taking measures that could lead to a disturbance or other impairment of ensun.
27.2 In particular, the user has to refrain from anything that leads to an excessive load on ensun, for example the mass sending of messages via contact forms at ensun.
27.3 Attacks on ensun, especially attempts to circumvent or overcome ensun's protection or security mechanisms, are to be refrained from. The same applies to attempts to get hold of other people's access data, e.g. by means of brute force attacks.
28. Inadmissible behavior
28.1 The user is prohibited from using ensun to send chain letters.
28.2 The user has to refrain from any form of explicitly or implicitly suggestive or sexually influenced communication.
28.3 Within the scope of using ensun, no scripts or similar mechanisms or software may be used.
28.4 It is prohibited to publicly reproduce or distribute ensun content outside of the platform, unless this is explicitly permitted.
F. Responsibility and liability
29. Responsibility of the operator
29.1 Due to the possibility of creating and editing contributions by the user, ensun is an open portal.
29.2 All contributions basically reflect the opinion of the respective user as author; the operator does not adopt external contents as his own, but explicitly distances himself from them. The operator does not assume any responsibility for third-party content.
29.3 Together with the moderators and administrators, the operator tries to control ensun's compliance with the terms of use and the legal requirements. However, it is not reasonable for the operator to control all created and changed posts, neither in advance nor afterwards.
30. Virtual domiciliary rights of the operator
30.1 The operator reserves the right - also to reduce its liability risk - to remove contributions in whole or in part and/or to temporarily block or completely exclude users at any time.
30.2 Users may be excluded in particular if their contributions violate applicable law or if they fail to comply with the provisions of the terms of use. A prior threat of exclusion is not required; the exclusion does not have to be justified.
30.3 Contributions can be removed if they do not fit into ensun's profile, if the moderators or administrators do not consider them to be of the required quality or if they violate the prohibition of advertising.
30.4 There is no right for a user to be accepted as a registered user; likewise, there is no right to the publication of certain posts or the granting of the possibility to publish or edit posts. The operator can refuse a registration or a publication of contributions at any time and without giving reasons or cancel them afterwards.
31. Liability
31.1 The operator is liable to the user according to the general legal regulations, as far as nothing else results from the following regulations.
31.2 The Operator is liable without limitation for intent and gross negligence; otherwise, liability is limited or excluded in accordance with the following provisions.
31.3 The liability of the Operator shall be limited to reasonably foreseeable damages and expenses typical for the contract.
31.4 The Operator shall only be liable for slight negligence if an obligation is violated, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). In this case the above limitations of liability shall apply; otherwise liability for slight negligence is excluded altogether.
31.5 Liability for indirect damage and consequential damage, in particular for damage in the event of business interruptions and for loss of profit, shall be excluded.
31.6 Liability is further excluded if the damage would not have occurred in the event of proper data backup. In all other respects, liability for loss of data shall be limited to the typical recovery costs that would have been incurred if back-up copies had been made regularly and in accordance with the risk.
31.7 The limitations of liability shall not apply in the event of injury to life, limb or health or in the event of claims under the Product Liability Act. Furthermore, the liability of guarantees assumed by the Operator shall remain unaffected.
32. Violation of third party property rights
32.1 The User shall inform the Operator without delay if claims are asserted against him due to infringement of property rights in connection with the use of the platform and/or individual modules. In this case, the Operator shall defend the User with regard to the alleged infringement at its own expense. To the extent that User has nevertheless incurred costs for its own legal defense, such costs shall be reimbursed to the extent that they were necessary and required.
32.2 The User shall provide the Operator with the necessary content-related support for an effective defense.
32.3 If it turns out that a behavior of the User was one of the causes for the accusation of infringement of third party intellectual property rights, in particular if the User did not adhere to the specifications and restrictions of the Terms of Use, the User will reimburse the Operator for all damages and legal defense costs incurred as a result.
33. Indemnification
33.1 The user shall indemnify the operator upon first request from all claims that other users or other third parties assert against the operator due to an infringement of their rights by the contributions posted by the user on ensun. In particular, the operator may, at its discretion, demand that the user obtain the right to use the contributions at its own expense or that the contributions be made free of proprietary rights.
33.2 The user shall bear all reasonable costs incurred by the operator due to an infringement of third party rights, including the costs of legal defense, as long as they remain within a reasonable scope. Further claims of the Operator against the User remain unaffected.
33.3 In the event that claims are asserted against the Operator by other Users or other third parties due to an infringement of their rights, the User is obligated to immediately, truthfully and completely provide the Operator with all information necessary for an examination of the claims and the defense against them.
34. Information duties of the user
34.1 If a User discovers an infringement of rights, he/she shall inform the Operator accordingly, who will immediately remove the content in question in case of doubt. The information provided by the user should identify the affected contribution and its author as precisely as possible.
34.2 In the event of a suspicion of a possible infringement of rights or a violation of these terms of use, the administrators and moderators may also be informed, who will consult with the operator if necessary. Reporting to the moderators is not to be regarded as informing the operator, as it is not guaranteed that the moderators will always pass the information on to the operator without delay.
G. Final provisions
35. Termination
35.1 The paying customer can terminate the user relationship at any time without giving reasons with a notice period of 3 months. The deletion of the profile by the user is considered as termination of the user relationship, whereby the user is limited here to the experts.
35.2 The Operator may terminate the user relationship with due notice subject to a notice period of two weeks as well as with extraordinary notice without observing a notice period, the latter, however, only if there is good cause.
35.3 An important reason entitling the Operator to extraordinary termination exists if the User repeatedly violates his contractual obligations and, taking into account the notice period, it is unreasonable to expect the Operator to continue the usage relationship until the end of the ordinary notice period.
35.4 Taking into account the above definition, good cause justifying extraordinary termination by the Operator exists in particular in the event of a repeated or serious breach of the Terms of Use.
35.5 Text form is sufficient for termination.
36. Consequences of the termination of the contract
36.1 Upon termination of the user agreement, the user's right to use ensun expires. The operator is entitled to block the user's access to ensun altogether upon the end of the user relationship.
36.2 The data previously entered by the user during the usage relationship will continue to be stored for 30 days after the end of the usage relationship as long as the user does not object to further data storage. In the event of an objection, the Operator shall delete the stored data immediately, otherwise 30 days after the end of the usage relationship. If the User starts a new user relationship before the data is deleted, the data still stored at that time may continue to be used.
36.3 The user may retrieve, display and, if necessary, archive his or her stored data via ensun. Any further data export is not provided for. The operator is not obligated to make the data stored by the user available to the user in a uniform format at the end of the user relationship.
37. Dispute resolution; choice of law and place of jurisdiction
37.1 If differences of opinion arise between the parties in connection with the usage relationship, the parties shall make reasonable efforts to reach an out-of-court settlement.
37.2 The user relationship as well as any further agreements in connection with the use of ensun shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods (CISG).
37.3 The exclusive place of jurisdiction and fulfillment is, as far as legally permissible, the registered office of the operator.
38. Severability clause
38.1 If individual provisions of the User Agreement and/or the Terms of Use are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the purpose of the invalid or unenforceable provision.
38.2 The same shall apply in the event that the Parties subsequently determine that the provisions of the User Agreement and/or the Terms of Use prove to be incomplete.
39. Conclusion of the contract, amendments and supplements
39.1 Unless otherwise agreed, the usage relationship shall come into effect upon confirmation of the Terms of Use by the User on the Internet. The operator shall declare in the context of the Internet use from when ensun can be used.
39.2 Changes or amendments to the terms of use require an agreement between the parties in text form to become effective. The text form requirement also applies to the waiver of this text form requirement itself. Unless otherwise provided by law, e-mail is equivalent to text form, but not to written form.
39.3 The operator is entitled to unilaterally change and/or amend the Terms of Use with effect for the future, as far as this is necessary to protect the operator's legitimate interests, especially when introducing new functions at ensun, and the user is not unreasonably affected by this. In this case, the user will be informed about the changes and/or additions with a reasonable period of notice. If the user does not object to the validity of the new terms of use within two weeks after notification (objection period), the changed terms of use are considered accepted by the user. In its notification, the Operator shall point out the right of objection and the significance of the objection period. In the event of an objection, the User may continue the use according to the previous version of the Terms of Use, but the Operator is entitled to terminate the usage relationship for good cause.