General Terms and Conditions - Appinio End-user

We, APPINIO GmbH, Große Theaterstraße 31, 20354 Hamburg (hereinafter "we"), have developed the Appinio application (hereinafter referred to as “Appinio” or “app”). This is how Appinio works: You share with us and our partner companies your opinion by participating in surveys for market research purposes and, in return, you receive experience points or so-called “Appinio coins” that you can then redeem in our web shop for vouchers and other rewards (“Rewards”).

In order to ensure that everything runs fairly at Appinio, we have established the binding rules of the game that are reflected in these General Terms and Conditions. If you register with Appinio, you must consent to these General Terms and Conditions, and a contract will then be formed between you and us regarding the use of Appinio

1. Formation of the contract

1.1 When you complete your registration, a contract will be formed between us, and it will include these General Terms and Conditions.

1.2 Your registration is complete when you enter your user data in the registration form and complete the registration process successfully, or when you successfully log-in through an external provider such as Facebook. The contract will of course be free of charge to you.

2 Duties of Appinio

2.1 If you have registered with Appinio, then we can offer you intermittently the opportunity to participate in the surveys conducted by our partner companies. The question of how frequently we can offer you such surveys will depend on our partner companies and on the kind of data you are willing to voluntarily share with us. We can therefore not guarantee how often or even whether we will offer you surveys.

2.2 If you have fully completed a survey (in other words, answered all questions), then we will credit you the reward that is indicated on the survey. This Reward may consist of experience points, Appinio Coins or other benefits.

2.3 You can redeem your Appinio Coins either

a) for virtual items or other products offered in our mobile shop, or

b) for the opportunity to ask your own questions of the Appinio community.

2.4 Virtual Items and other benefits will be made available to you in electronic form, such as email or text message, or directly in our app.

2.5 With Appinio, we can also offer you additional functions that will allow you to network with your friends.

2.6 We will use our best efforts to make Appinio available as reliably as possible. We cannot, however, guarantee constant availability, particularly since there will be technical maintenance work at times or because our service providers could in some cases experience outages.

3 Your Duties

3.1 If you take part in surveys, then you are declaring your willingness to make truthful statements. The same applies with respect to any voluntary disclosures that you make about yourself personally ("Quickies"). Furthermore, you agree to maintain secrecy about all information you receive in the course of Appinio surveys. The information presented in surveys must be treated with absolute confidentiality and must not be passed on to third parties under any circumstances. Confidential information within the meaning of this agreement is all information made available in picture or written form. In particular, this includes presentations, concepts, business models, business and planning data, trade secrets as well as the findings and results obtained and made apparent from them. Information shall not be deemed confidential if it was already publicly known at the time of the survey.
Sometimes in our surveys we will be asking you for your opinion about content such as photos, videos and texts. This content is confidential, and we are making it available to you only for the purpose of answering the survey and are only granting you a right, which is restricted to the duration of the survey, to display the content on your device. Accordingly, you may not copy, publish or in any way disclose such content, unless a compulsory statutory provision expressly allows you to do so.

3.2 You are personally responsible for the confidentiality and security of your password. That means that you must keep your password secret, you may not disclose it, you may not enable or countenance third parties in learning the password, and you will take the necessary steps to ensure the confidentiality, for example by using a secure password consisting of numbers, letters and special symbols and by regularly changing your password. In the event your account is misused or suspected of having been misused or your password is lost, then you will be obligated to notify us without undue delay.

3.3 You may not allow surveys to be completed on an automated basis, by using – for example - scripts or macros. You may not bypass any security measures and technical protection measures and may not manipulate the app, unless a compulsory statutory provision expressly allows you to do so. Other prohibited actions are: orchestrating attacks against the functionality of Appinio, for example by sending spam, attempting hacks, undertaking brute force attacks, using or transmitting spyware, viruses and worms.

3.4 If you use Appinio Coins in order to ask questions of the Appinio community, then neither your questions nor your solicited response options may be unlawful, violence-glorifying, sexist, pornographic or abusive. Otherwise, we reserve the right to delete or refrain from posting your questions.

3.5 If your answers, your polls or solicited response options contain images or other copyrighted content, then you agree to grant us a simple, nonexclusive, global and perpetual license to use such content in connection with the questions posed by you, and specifically to copy, make publicly available and disseminate such content. You warrant to us that you are entitled to use such content and recognize and acknowledge that you may not post third party content to which you are unable to grant us the corresponding rights of use.

4 Data protection

4.1 The purpose of this contract is for you to provide us, voluntarily and to the extent that you yourself determine, data that we make available to our partner companies in a processed and anonymous form for purposes of conducting market research.

4.2 We collect, process and use only the data that you have disclosed to us voluntarily. How we use this data exactly is described in our data protection statement. That statement is not a part of these General Terms and Conditions.

5 Liability

We are obligated to pay compensatory damages only for intentional acts or omissions [Vorsatz], gross negligence [grobe Fahrlässigkeit], physical injuries, death or health impairment for which we are at fault, a negligent breach of material contractual duties, the performance of which is a prerequisite for satisfying the contractual purpose and is a fact upon which the customer may routinely rely (“Cardinal Duty”) [Kardinalpflicht], in the event the breach involves a guarantee expressly designated as such and in the event statutory liability is imposed under the Product Liability Act. Otherwise, liability is disclaimed. In the event there has been a negligent breach of a Cardinal Duty, the liability will be limited to damages that are customary for the contract type and that were foreseeable at the time the contract is formed.

6 Term and termination

6.1 The contract has been entered into for an indefinite period of time.

6.2 The contract may be terminated by both parties upon giving notice at least four weeks prior to the commencement of the month. The notice of termination must be made in text form as defined by law [Textform] (for example, via email). Please note that the act of uninstalling the app does not qualify as a notice of termination.

6.3 The contract may also be terminated without notice by both parties if there is good cause [ein wichtiger Grund] for the termination.

6.4 A good cause, within the meaning of subsection 6.3 and which entitles us to terminate the contract, will be deemed to exist in particular if you have breached one of the provisions of subsections 3.1, 3.2, 3.4, 3.5, 3.6. In that case, we will be entitled in our discretion to issue you a warning notice, temporarily close your account or terminate the contract.

7 Modifications to these General Terms and Conditions (GTCs)

These GTCs may be modified on the basis of a corresponding agreement, which is reached between you and us, as follows: we transmit to you in text form the modified terms and conditions before they go into effect and specifically alert you to the new rules and the planned effective date. At the same time, we grant you a reasonable period (of at least six weeks) to issue a statement whether you accept the modified terms of use for the continued access to the services. If no statement is provided within this exclusionary period, which will begin to run upon receipt of the message (in text form), then the modified terms and conditions will be deemed to have been agreed. At the commencement of the exclusionary period, we shall separately alert you to these legal consequences (i.e., the right of objection, the objection period deadline and the significance of your silence).

8 Miscellaneous

8.1 The contract between you and Appinio is governed exclusively by these General Terms and Conditions. Any terms and conditions that you provide will not be part of the contract. There are no oral side agreements.

8.2 Notwithstanding section 7, side agreements must be made in writing. Any modifications of this written form clause must likewise be in writing.

8.3 The laws of the Federal Republic of Germany govern to the exclusion of the UN Convention on Contracts for the International Sale of Goods (UN Sales Convention). This governing law clause does not apply to rules and provisions that are mandatorily applicable based on the laws of the country where you reside and to rules and provisions from which private contracts are prohibited from deviating.

8.4 Exclusive jurisdiction and venue for all disputes arising from this contract shall lie with the competent courts of Hamburg (Germany), provided that you are a merchant [Kaufmann], you are not subject to general jurisdiction [allgemeinen Gerichtsstand] in Germany or in another Member State of the EU, you have changed your permanent residence to a location outside of Germany after these terms and conditions of use entered into effect, or your residence or habitual abode is not known at the time a lawsuit is instituted.

Last modified: 1 March 2016