1. Introduction
The General Terms and Conditions set out here act as the legal framework for the contractual relationship between Dishnity and the users who use Dishnity’s services and define the conditions under which the Dishnity services are used.
By registering with Dishnity in the mobile apps for iOS and Android, the user agrees to the Terms and Conditions listed here. If the user does not agree with the Terms and Conditions, registration and use of Dishnity must be waived.
These General Terms and Conditions correspond to the Terms of Use for Dishnity.
2. Contracting Parties and Scope of Application
2.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply between Christoph Rothermel, Seydlitzstraße 2/1, 89077 Ulm, Germany (hereinafter referred to as “Dishnity”, “supplier”, “we” or “us”) and the customer (hereinafter referred to as “user”). The subject matter of this contract is the use, free of charge or against payment, of the services offered by us via our websites and mobile apps (hereinafter referred to as “Dishnity”).
2.2 Dishnity is aimed exclusively at private individuals. Any commercial or business use is not permitted.
2.3 Terms and conditions of users or terms and conditions of the user which deviate from these General Terms and Conditions do not apply. Deviating provisions require the explicit consent of Dishnity in text form.
3. Conclusion of Contract
3.1 By creating a user account through registration in the respective mobile apps, the contract between Dishnity and the user is concluded.
3.2 The user can register by filling out the registration form. The registration form is located within the mobile apps of Dishnity.
3.3 The use of Dishnity is free of charge and is financed by advertising. The user can activate paid functions by purchasing a subscription.
3.4 Only one user account may be created per user. Re-registration of users blocked by Dishnity is prohibited.
3.5 Use is only permitted for natural persons of full age.
3.6 Sex offenders are not permitted to use Dishnity. In Germany, these are persons who have been convicted of sexual offences (§§ 174 to 180 or § 182 or §§ 180 a, 181 a, 183 to 184g StGB) or according to the criminal offences which are also particularly relevant for the protection of children and young people (§§ 171, 225, 232 to 233 a, 234, 235 or 236 StGB) or their respective regional equivalents.
3.7 Dishnity may refuse to register users if there are objective reasons for doing so. These are, among others: Registration from markets in which Dishnity is not available, violation of the Terms of Use, suspicion of SPAM, doubts about the accuracy of the data entered. If there are doubts about the correctness of the registration data, Dishnity may also make the registration dependent on further steps, such as proof of identity.
4. Services and Prices
4.1 Dishnity network
Dishnity offers the user access to a network of Dishnity user profiles and their published recipes. Users can follow other users and see their published recipes within the feed section afterwards. The network can be accessed via the mobile apps for IOS and Android. The network contains profiles with photos and information about other users and their recipes which can be displayed in lists sorted by likes. Registered Dishnity users can access these profiles and information and contact other users.
4.2 The Dishnity platform can be used by registered users in compliance with the legal provisions and the Terms of Use to share content with other users by uploading it on the platform.
4.3 The scope and functionality prior to the Dishnity platform may be changed by Dishnity at any time. If essential functions of the Dishnity platform are lost, the user has a special right of termination.
4.4 Dishnity strives for a high availability of the Dishnity services. Nevertheless, downtimes may occur, which are due to maintenance work and software updates, among other things. In addition, downtimes may occur due to technical or other problems which are beyond Dishnity’s control, such as force majeure. In order to use the Dishnity platform, the user must use a current Android or iOS version, otherwise it is possible that the use of the Dishnity platform may be limited.
5. Functions, subscriptions, virtual goods subject to charges
5.1 General functions subject to charges
In the Dishnity apps, the user can purchase various paid functions, such as subscriptions and virtual goods.
5.1.1 Before the final purchase, the user will be shown the valid price of the chargeable function. The terms and conditions of the respective chargeable functions will apply.
5.1.2 Chargeable functions can be bound to the user account.
5.1.3 Chargeable functions can have a fixed term.
5.1.4 The purchase of chargeable functions may only take place in the area (within or outside the European Union) in which the user usually stays.
5.2 Subscriptions
Subscriptions are paid functions with a term of validity.
5.2.1 A subscription booked by the user is automatically renewed after the period of time chosen by the user if it has not been cancelled in due time.
5.2.2 Subscriptions are contracts independent of the user account, unless the subscription conditions provide for a binding relationship with the user account.
5.2.3 A subscription can be transferred from one user to another user account. For this purpose, Dishnity must be notified of the new user account.
5.2.4 The period for cancellation of a subscription is 24 hours before the end of the subscription for both parties.
5.2.5 After termination, the user may continue to use the user account without the paid functions included in the subscription. Thus the user account remains unaffected by the cancellation of the subscription.
5.2.6 If the subscription was taken out via iTunes, the Apple App Store or Google Playstore, the subscription must be cancelled in iTunes, the Apple App Store or the Google Playstore. Due to technical limitations on the part of these providers, Dishnity cannot perform the cancellation/rebooking.
5.2.7 If a subscription is taken out via another payment provider, a direct termination can be made via the respective provider and in text form (by fax and e-mail) or in writing (by letter) to Dishnity. In this case, the user must provide the e-mail address of the relevant user account so that Dishnity can assign the account.
5.2.8 Subscriptions can be terminated by Dishnity for good cause without notice. Important reasons include the opening of insolvency proceedings against the user’s assets or the rejection of such proceedings due to lack of assets, a serious violation of the Terms of Use, a repeated violation of the Terms of Use, the use of the user account for illegal activities.
5.2.9 If Dishnity terminates a subscription for a reason for which the user is responsible, the user must compensate for the damages incurred.
5.3 Virtual goods
Virtual goods are durable or consumable virtual goods that the user can buy in the apps of Dishnity.
5.3.1 By purchasing Virtual Goods, the user receives user-account-bound Virtual Goods, such as Coins, which the user can use in the Dishnity apps to activate functions or purchase other Virtual Goods.
5.3.2 A user’s virtual goods cannot be transferred to other user accounts unless otherwise provided for by the terms and conditions of the respective virtual goods. Thus virtual goods are bound to a user account.
5.3.3 If the user deletes or terminates his user account, the user loses virtual goods irrevocably.
6. Termination
6.1 Termination by Dishnity
6.1.1 Dishnity may properly terminate a user account with a notice period of 2 weeks.
6.1.2 Dishnity may terminate a user account by giving notice in text or written form.
6.1.3 If a user account is terminated by Dishnity for reasons for which the user is not responsible (e.g. not based on these Terms and Conditions or not based on applicable laws), the user is entitled to a refund of the price of the paid functions linked to the user account if they have not been used up completely or have expired.
6.2 Termination by the user
6.2.1 The user account can be terminated by the user at any time without notice.
6.2.2 The user can effect the termination of a user account by deleting his user account or by giving notice of termination in text or written form. The user may request the deletion of his user account in the settings of Dishnity’s mobile apps. The termination may also be effected in text form (by e-mail) or in writing (by letter). For this purpose, the user must provide the e-mail address used to register the user account so that an assignment can be made.
6.2.3 If the user terminates or deletes the user account, all chargeable functions contained or activated there will expire.
7. Duties of the User
7.1 Truthful information, verification by Dishnity
7.1.1 To register, the user must provide a valid e-mail address at which the user can be reached. The e-mail address provided must be kept up-to-date by the user and is to be used for communication with Dishnity so that Dishnity can assign the user to a user profile. If communication with Dishnity does not take place via the specified e-mail address, the user must prove by suitable means that the user is the owner of the respective user profile. Delays may occur due to missing information, which will be charged to the user.
7.1.2 The user may only provide his/her own data. No bank details or credit card details of third parties may be given fraudulently.
7.1.3 Dishnity does not require a clear name, so the user may use a pseudonym or nickname on the platform. Other data (e.g., pictures or school education) which the user publishes on Dishnity must be true. Therefore, no information may be published on Dishnity which does not apply to the user or which points to the user.
7.1.4 Dishnity has the authority to have the data provided by the user checked for accuracy in order to verify its correctness. In doing so, the user must cooperate with Dishnity if requested to do so by Dishnity in order to confirm his identity or the information provided. If this is refused by the user or if the data turns out to be untrue, Dishnity is entitled to terminate the contract without notice.
7.2 User behaviour, rights of use, user content
7.2.1 The user grants Dishnity non-exclusive, transferable, free of charge rights (so-called “rights of use”), also for commercial use and exploitation, to the content (so-called “user content”) that the user publishes, stores, transmits or generates on the Dishnity platform, without any restrictions in terms of content, time or space and without being subject to sub-licensing. Examples of contents are profile data, texts and images.
7.2.2 Dishnity attaches great importance to good relations among the users of the platform. For this reason, any conduct which is insulting, glorifies violence, sexual, discriminating, harassing, racist, pornographic or illegal is prohibited. The user is responsible for his user content. Dishnity may delete user content which violates this point, block the profile of the responsible user or terminate the contractual relationship with the user.
7.2.3 The right of use includes the right to commercial and non-commercial use and also includes all currently unknown but future possible forms of use. In particular, the following rights are granted:
(i). Right to make them available to the public (e.g. via the Internet),
(ii). Right of distribution, exhibition, reproduction or public communication,
(iii). Right of communication to the public, including the right to perform, to be performed and to be heard,
(iv). Right to use in advertising measures of any kind,
(v). Right to publish on the Dishnity website, in search engines or social media platforms,
(vi). Right to edit and transform,
(vii). Right of reproduction by means of image or sound carriers,
(viii). All rights of the database producer according to § 87 b UrhG and for inclusion in database works.
The user has a right to have his name mentioned as the author when using the User Content outside of the Dishnity Apps or the Dishnity platform. For this purpose, the pseudonym or the nickname stored in the user account will be used and reference will be made to the Dishnity platform.
7.2.4 By using Dishnity and publishing user content here, the user assures Dishnity that he/she is authorized to transfer the right of use in the aforementioned form to Dishnity and that he/she can freely dispose of the content. In the event that rights of third parties exist in the user content, the user must inform Dishnity of this immediately. In this context, the user releases Dishnity from any claims by third parties and pays the costs of legal defense.
7.2.5 A user account may not be used to send messages containing malware, phishing, spam or junk mail (e.g. mass messages or chain letters). Furthermore, a user account may not be used to prepare illegal actions (e.g. fraud).
7.3 Use of user data and advertising
7.3.1 In accordance with Dishnity’s privacy policy, the user provides the profile and location data stored in his user profile as public data, his usage behaviour, as well as device and network data in pseudonymised form for advertising purposes.
7.3.2 In accordance with the Dishnity privacy policy, the aforementioned data may be used and passed on to the user in order to display tailored advertising by Dishnity and third parties.
7.3.3 The user is entitled to object to the privacy policy. In this case, Dishnity is entitled to offer the user access to Dishnity in whole or in part for a fee, to reduce the range of functions or to terminate the contract.
7.4 Exclusive private use
Use of the Dishnity platform is permitted for private purposes only. If Dishnity is used commercially without permission, Dishnity may terminate the user account without notice.
7.5 Liability for the user profile and duty of care
7.5.1 The user himself is liable for actions that were carried out with a user profile of a user.
7.5.2 Access data for user profiles may not be passed on to third parties and must be protected against access by third parties. If there is reason to suspect that third parties have gained knowledge of the access data, the access data must be changed immediately and any possible misuse must be reported to Dishnity immediately.
7.5.3 The user must use a secure password on Dishnity and may not reuse it in another service.
7.5.4 It is the user’s responsibility to check the information provided by another user before interacting with him/her, e.g. before chatting or meeting outside the Dishnity platform.
7.6 In the event of a negligent or intentional violation of his obligations, the user is obligated to compensate Dishnity or the legal representatives of Dishnity for the damages incurred.
8. Sanctions and Contractual Penalties
8.1 User content that violates these terms of use may be irrevocably removed by us. The recovery of information deleted by Dishnity is excluded. Illegal user content can be reported by Dishnity to law enforcement authorities.
8.2 Depending on the severity of a user’s violation of these Terms of Use, Dishnity…
(1). admonish the user by issuing a warning
(2). warn the User by temporarily or permanently blocking the User’s user account or by blocking functions of the Dishnity platform for the User
(3). extraordinarily terminate the user account and prohibit a new registration for the future.
8.3 The severity of the violation will be measured by Dishnity based on…
(1). the violation of applicable laws
(2). the previous behaviour of the user, such as previous warnings,
(3). the insight of the user,
(4) the severity of the impact on other users,
(5) the number of complaints about this user,
8.4 In the event of criminal offences committed by a user with his user account, Dishnity is entitled to terminate the user account without notice for good cause.
8.5 If a user repeatedly violates these Terms of Use despite sanctions, Dishnity may terminate the user account extraordinarily and without notice for good cause.
8.6 If Dishnity terminates the user account for a reason for which the user is responsible, the user must compensate Dishnity for any damages incurred.
8.7 The user is obligated to pay Dishnity a contractual penalty in the amount of EUR 2,500 if the user has not used the Dishnity platform.
(1). unauthorised use for commercial or business purposes
(2). to send messages prohibited under 9.b.5,
(3). uses a false identity or feigns another identity
In addition to the contractual penalty, further claims by Dishnity remain unaffected.
9. Limitation of Liability
9.1 Liability
Dishnity shall be liable exclusively – regardless of the legal grounds – if the damage…
(1). has been caused by culpable violation of one of the cardinal obligations or essential secondary obligations in a way that endangers the achievement of the purpose of the contract or
(2). is due to gross negligence or intent on the part of Dishnity.
9.2 Limitation of liability
9.2.1 If Dishnity is liable for the violation of an essential contractual obligation without gross negligence or intent, liability is limited to the extent of damage which Dishnity could typically expect to incur at the time of the conclusion of the contract due to the circumstances known to it at that time.
9.2.2 This applies equally to damages caused by gross negligence or intent on the part of Dishnity employees who are not managing directors or senior executives. Liability for consequential damages, in particular for lost profits or compensation for damages of third parties, is excluded unless Dishnity is guilty of intent or gross negligence.
9.2.3 Claims for damages under the Product Liability Act and for damages resulting from injury to life, body or health shall remain unaffected by the above limitations of liability.
10. Revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
The revocation must be addressed to:
Christoph Rothermel, Seydlitzstrasse 2/1, 89077 Ulm Germany
or e-mail: support@rothech.com
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
Sample Cancellation Form
If you want to cancel the contract, please fill out this form and send it back to us. To: Christoph Rothermel, Seydlitzstraße 2/1, 89077 Ulm Germany or e-mail: support@rothech.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/ received on (*): __________________________
Name of the consumer(s): __________________________
Address of the consumer(s): __________________________
______________________________________________________________
Signature of the consumer(s), place, date (only in case of communication on paper)
(*) Delete as appropriate
11. Data Protection
The Dishnity privacy policy is available at the link https://rothech.com/dishnity-datenschutzerklarung.
12. Subject to Change
12.1 Dishnity reserves the right to change the General Terms and Conditions and the Terms of Use.
12.2 The user agrees to the application of the modified GTC and Terms of Use to contracts already concluded prior to the modification if Dishnity notifies the user that a modification of the GTC has taken place and the user does not object to the modification within a period of two weeks, beginning on the day following the notification of the modification.
12.3 The notification of the amendment must contain a reference to the possibility and period of objection as well as an explanation of the significance or consequences of not objecting. The notification can be made by e-mail to the e-mail addresses provided by the users. Dishnity has a special right of termination if it objects to the validity of the new GTC or terms of use.
13. Dispute Resolution
For dispute resolution, reference is made to the EU Commission’s online dispute resolution platform: www.ec.europa.eu/consumers/odr .
Dishnity is not already a party to a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.
14. Final Provisions
14.1 The contractual agreements of the contracting parties are subject to the law of the Federal Republic of Germany.
14.2 If the user does not have a general place of jurisdiction in Germany or in another EU member state, if the user is a merchant or transfers his permanent residence abroad after these terms and conditions have come into effect or if his residence or usual place of abode is unknown at the time of the commencement of legal action, the exclusive place of jurisdiction shall be the registered office of the provider.
14.3 The text form of both parties is required for the effectiveness of contract amendments, supplements and subsidiary agreements, unless otherwise stated in these General Terms and Conditions. This also applies to the waiver of the text form requirement.
14.4 Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the contract as a whole shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.