General Terms and Conditions
Last updated January 01, 2022
These General Terms and Conditions (“T&Cs” for short) show you which rules apply to the relationship between you / the company or other organisation you represent and WIFFme GmbH, Arsenalstraße 12/Top 905, 1100 Vienna (“us” or “we” for short). The provisions of these T&Cs form the basis of the relationship between you and us and we therefore recommend that you read them carefully.
We operate a live video platform (“WIFFme” for short), which is accessible via the website “wiffme.com” and applications for mobile devices (“APP” for short). The focus of WIFFme is our overview map (“Heatmap” for short). Registered users can provide real-time feedback via WIFFme through location-based live videos, and these are graphically displayed on our Heatmap. Registered users with a paid subscription can also position themselves/their company on the Heatmap and use further features and functions for themselves or their company (“Services” for short).
The use of our service is based on your acceptance of these T&Cs and our Data Privacy Statement, which are displayed to you when you first register and are available to you on wiffme.com. The T&Cs apply not only to the use of WIFFme and our Services, but also to all contracts, services and other agreements between you and us. We look forward to welcoming you to WIFFme after you have agreed to the T&Cs!
1. Who can use WIFFme
1.1 By registering and using WIFFme, you acknowledge that
a. you are in a position to conclude a legally binding contract with us;
b. you are not prohibited by any law or jurisdiction from using WIFFme and our Services;
c. you will comply with these terms and all applicable local, state, national and international laws, ordinances, rules and regulations;
d. you will comply with these terms and all applicable local, state, national and international laws, ordinances, rules and regulations;
1.2 If you use WIFFme and our Services on behalf of a company, legal entity or other organisation (“Company” for short), by registering you declare and confirm i) that you are authorised to do so, ii) that you can validly make declarations on behalf of the Company, iii) that you can grant all licences specified in the T&Cs, iv) that you agree to the T&Cs on behalf of the Company and that you can enter into a legally binding contract with us on behalf of the Company.
1.3 As a user of WIFFme/our Services, you can create and share content via WIFFme/the Heatmap. Our Data Privacy Statement for the handling of data/content provided by you can be found here. You retain the original rights to the content, but grant us a licence to use that content. By using WIFFme, you consent to our use of the content and the data contained therein and agree that we may send you support, technical notices and information by email. A list of the rights you grant us can be found below under point 5.
2. Your usage options
2. 1 You have the choice to use WIFFme as a registered user free of charge (“Private Users” for short) or to opt for a paid registration and thus for one of our subscriptions in order to enjoy the associated benefits for you (your company) or as the main administrator for others (“Entrepreneur Users” for short).
2.2 Private users: If you decide to register free of charge, you have the option of posting content online in a location-based, private and anonymous manner (“Private Use” for short). Free Private Use is also possible at the invitation of another user (e.g. an Entrepreneur User or other main administrator). In this case these users invite you to anonymously post content online via WIFFme on their behalf (“Employee Use” for short).
2.3 Entrepreneur users: By opting for a paid subscription, you can, among other things, position yourself (a company) on the Heatmap, integrate your own WIFFme overview map into your website (“WIFFme Map” for short) and customise it to suit you. Here we provide you with a variety of features for the extensive and best possible use of WIFFme.
3.1 Free registration
3.1.1 Private use
Registration takes place by installing our APP on your mobile device, through which you agree to our General Terms and Conditions including our Data Privacy Statement and provide the personal data required for registration and subsequent use. After registering, you can network with the WIFFme Business Account and upload live videos or other content.
3.1.2 Employee use
This use requires the invitation of another user (e.g. a paid Entrepreneur User). You will receive an access token via SMS during the registration process. After installing our APP and accepting our General Terms and Conditions including the Data Privacy Statement, you can register with your personal data required to use WIFFme and connect to the (Entrepreneur) User by entering the access token, who will add you as an administrator of his account as a team member. This allows you to upload live videos directly and allows the (Entrepreneur) User to send you requests from other WIFFme users to put live videos online.
3.2 Registration subject to a charge
3.121 By registering as an Entrepreneur User, you make us an offer to conclude a contract. When you create your WIFFme account, you enter the data required to use WIFFme, such as your e-mail address (that of the company you represent) and your country of residence. By clicking on the button “Set up Account” you will receive an e-mail with a link to set up your WIFFme account by entering your data/password.
3.2.2 By accepting these T&Cs, you select a paid subscription (minimum contract period and payment method). The contract is concluded when you click on the “Subscribe” button (your binding offer) and receive our confirmation e-mail. We reserve the right to refuse the conclusion of a contractual relationship without giving reasons.
3.2.3 Upon receipt of the confirmation email, the contract is legally valid and you can access your WIFFme account, although there may be delays in activating and using the WIFFme account.
3.2.4 The amount to be paid for the use of WIFFme (“Fee” for short) depends on your choice of subscription and the chosen contract period. The Fee is due in full in advance upon conclusion of the contract.
3.2.5 In the event of a renewal of your existing subscription, the renewal period chosen by you will be added to the existing contract period of your current subscription. The Fee for the extended term is due for payment upon conclusion of the extension.
3.2.6 You must ensure that your credit card/account is not blocked and/or expired. Any costs and expenses (bank charges, fees) associated with the payment of your Fee as well as duties and taxes shall be borne by you. This also applies to any prescribed fees, charges or taxes which were not yet current at the time of conclusion of the contract due to changes in the legal situation.
4. Rights granted to you
4.1 We grant you a personal, worldwide, non-transferable, non-exclusive, revocable and non-sublicensable licence (the “WIFFme Licence” for short) to access WIFFme and its associated Services. The WIFFme licence applies exclusively to use in accordance with the provisions of these T&Cs.
4.2 You may download/install the software provided by us during the term of the contract as well as upgrades, updates or other features provided by us. However, you may not copy, modify, distribute, sell or rent or reverse engineer or attempt to extract the source code of any part of our software, upgrades, updates, features or parts of other applications provided by us or our business partners unless you have our written consent to do so.
5. Rights granted to us
5.1 With WIFFme, we offer you the possibility to create, upload, post, send, receive and store content – in particular live videos. In doing so, you retain all rights to the content to which you were originally entitled, but you grant us the right to use it (also known as a “licence” for short). The licence includes the worldwide, royalty-free, sub-licensable and transferable right to host, store, use, reproduce, modify, adapt, edit, publish and distribute this content. This also applies to our affiliated companies and business partners regarding both WIFFme/our Services and third-party platforms.
5.2. The licence is for the operation, use and provision of the WIFFme Services and to develop, promote and enhance the WIFFme Services, to develop new services and to collaborate with our affiliates and business partners. The licence granted also authorises the creation of derivative works as well as exhibition, broadcast, syndication, public performance/display in any form (in all media and through all distribution channels).
5.3 If you or persons working for you create, upload, post or send content, you grant us, our affiliated companies and business partners the unrestricted, worldwide right to use free of charge i) your name/the name of the person working for you, ii) the images provided in this context, iii) any recorded voices and any other information provided (“L-Content” for short). There is therefore no claim to remuneration if the L-Content is transmitted via WIFFme/our Services or on other platforms in the course of using WIFFme.
For more information on how you can access, update and delete your data, please see our Data Privacy Statement.
5.4 We reserve the right to delete any content (i) that we believe to be in breach of these T&Cs, any law or any legal process or (ii) if it is necessary to comply with our legal or contractual obligations. However, you are solely responsible for the content you create, upload, post, transmit or store through WIFFme/our Services.
5.5 WIFFme and our Services may also contain personalised advertising. You acknowledge and agree by registering that we or our affiliates and business partners may display advertisements within WIFFme based on information provided by you or collected about you by us.
5.6 We care about your feedback and are always interested in receiving new feedback. If you give us feedback or suggestions, you agree that we may use them and implement them for WIFFme/our Services without compensating you and without any restriction or obligation to you.
6. Contents of other users
6.1 Content on WIFFme/our Services is created by different people, organisations, companies, etc.. The person (the person, organisation, company or other third party) who creates/transmits this content is solely responsible for it. We only provide a Platform for use in accordance with these T&Cs. Although we reserve the right to review all content posted through us and to remove any content that violates these T&Cs and/or any laws, we cannot review all content.
6.2 We cannot guarantee the timeliness and reliability of the content created, nor that content and the use of WIFFme and our Services by our users will always comply with our T&Cs, the law (in whatever jurisdiction). However, we make it clear and explicit that we do not want WIFFme and our Services to be abused by you, anyone associated with you or any other third party.
7. WIFFme live videos
7.1 WIFFme live videos are published on WIFFme and can therefore be viewed by non-registered visitors to this site. WIFFme not only allows you to post and receive live videos, but also to share them via a provided link and then save them if necessary. By accepting these T&Cs, you agree that videos posted by you may be publicly viewable (180 minutes for Entrepreneur Users, 120 minutes for Private and Employee Use, after which they will be deleted by us) and permanently storable. In the case of a desired storage, the video is available until the person who put it online deletes the video or their account is deleted (for example, by terminating the subscription).
7.2 We cannot promise that content will be available at all times. The reason for this could be technical difficulties or the cancellation of your account. Also, despite our best efforts, we cannot promise that WIFFme’s storage capacity will always be sufficient to meet any peaks in your personal storage requirements. We therefore reserve the right to adjust the naturally limited storage space at our discretion. Saving WIFFme live videos may use up your storage space and – depending on your provider – may incur additional data charges.
8. Our Heatmap
8.1 With our Heatmap, we enable you with a paid WIFFme subscription to position events or your company in real time on our Heatmap, display them graphically and draw attention to them as well as any events, shows, meetings, stores, happenings, special offers or sales offers.
8.2 We reserve the right to carry out maintenance work at any time and we cannot therefore guarantee that our Services and therefore our Heatmap or WIFFme Map will be available to you at all times. Furthermore, we reserve the right to limit the functions and graphical representation of our Services and thus in particular the Heatmap and WIFFme Map and to adjust this limitation at our own discretion.
9. The WIFFme Map for your website
9.1 Our Services also include the WIFFme Map. The WIFFme Map allows you to integrate your own overview map on your website with a paid WIFFme subscription. For this, the explanations on the Services apply, as well as additionally the provisions mentioned in this section. On the WIFFme Map, visitors to your website will see WIFFme live videos about you/your company as well as other live videos uploaded by third parties.
9.2. Furthermore, it is possible for visitors to your website to make a live enquiry via the WIFFme Map. In this case, the visitor confirms with the provision of his data that these (in particular telephone number, request, date and time) will be forwarded to WIFFme. We send the visitor an SMS for confirmation and then display the live request anonymously. You or your designated administrator can then allow third parties (other users, staff users) to respond to the live request with a live video. If a live request remains unanswered for a long period of time, you (your administrator) can delegate the request to specific users and they will receive another notification about the request.
9.3 If the live request is responded to with a live video, we generate a link that is sent to the requesting visitor via SMS and is available for 3 hours. The visitor can use the generated link to view the live video in the WIFFme Map on your website. At the same time, the live video created is also published in the WIFFme Map.
9.4 Since we require and store the telephone number of the requesting visitors to your website for the function of the WIFFme Map, it is your responsibility to inform visitors to your website about the function of the WIFFme Map and the associated processing of their data if you use our WIFFme Map on your website (see also point _.2). Further details on data processing can be found in our Data Privacy Statement.
10. Rules of use
10.1 Respecting the rights of others
10.1.1 You must respect the rights of others when using WIFFme. You must therefore not use WIFFme or enable others to use WIFFme in such a way that
will infringe or violate any privacy, data protection, copyright, trademark or other rights or other intellectual property rights of others;
our users or third parties are harassed by spam or unsolicited contact;
Users or third parties are bullied, harassed, bullied or defamed as a result;
10.1.2 You must not do the following or allow another person to do it:
Infringe or violate any privacy, data protection, copyright, trademark or other rights or other intellectual property rights of ours.
Use any trademarks, logos, icons, user interfaces, designs, photographs, videos or other materials used on WIFFme and in our Services, except as expressly permitted by us.
Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any part or all of WIFFme/our Services or their contents, including without limitation for commercial purposes, except as otherwise provided in these T&Cs or with our express consent.
10.2 Clarification when using individual WIFFme Maps
10.2.1 WIFFme also enables you to use customisable overview maps/WIFFme Maps which you can integrate into your website and via which third parties (visitors to your website, “Visitor Users” for short) can make enquiries to you, interact with you/WIFFme. If you use this facility, Visitor Users must agree to these T&Cs in order to use this feature and it is also in your interest that Visitor Users are made aware of WIFFme and your obligations under these T&Cs.
10.2.2 The consent of a Visitor User referred to in clause 10.2.1 also includes the consent required for the use of WIFFme, i.e. to the use of the Visitor User’s data and L-Content and our Data Privacy Statement. Visitor Users may not infringe the rights of others or have their rights infringed.
10.3 Malfunctions and unwanted access
We make every effort to ensure that WIFFme and our Services are safe to use, but we cannot guarantee this; this is also up to you as a user. Therefore, by using WIFFme/our Services, you agree that:
you will not ask other users for their login information;
you will not use or attempt to use other users’ accounts, usernames or passwords without their consent;
you will not post content that contains depictions of violence, threats, hate messages or calls for violence or incitement to violence or pornography;
you will not use our Services in any manner which interferes with, disrupts, disables or prevents the full use of them by other users or in any manner which interferes with, overburdens, damages, disables or otherwise affects the operation of WIFFme and our Services in any way contrary to our wishes;
you will not use our Services for any purpose that is illegal or prohibited by these T&Cs;
you will not use crawlers, scrapers or other automated methods to access WIFFme and our Services or to collect other users’ data;
you will not use or develop any third-party software, apps or other services that interact with WIFFme and our Services or other users’ content and information without our written consent;
you will not attempt to circumvent any content-filtering procedures or other procedures we use or to access any areas or features of WIFFme and our Services without authorisation;
you will not test, scan or examine for vulnerabilities WIFFme/our Services or other systems or networks connected to WIFFme;
you will not upload any virus software or other malicious or interfering computer code or otherwise compromise the security of WIFFme/our Services;
you will not solicit or promote any action in violation of these T&Cs, any law or jurisdiction.
11.1 Because we respect copyright laws, we take reasonable steps against content that infringes on others’ rights, and we can and will remove it from WIFFme/our Services. If we become aware that a user repeatedly infringes copyrights, we will take appropriate measures within the scope of our possibilities, in particular to close the account of this user.
11.2 If you believe that a user is infringing copyright(s), you can easily report potential copyright infringement to us using a designated form - contact page. You can also use the following e-mail address: email@example.com.
11.3 When you send us a notice of potential copyright infringement, the following applies:
The notice must specify the allegedly infringing material and the user by which the alleged copyright infringement is committed and what the subject matter of the alleged infringing act is. Sufficient information must generally be provided to us so that we can traceably locate the alleged copyright-infringing material.
The notice must specify the copyrighted work that is the subject of a potential copyright infringement.
Your contact details including address, telephone number and email address must be included in the message.
The notice must contain a handwritten or electronic signature of a person authorised to act on behalf of the copyright owner.
The notification must contain a personal statement by you that you believe in good faith that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
You declare in the notice that the information contained is accurate and represent that you are authorized to act on behalf of the copyright owner.
12. Your account
12.1. It is self-evident that you are responsible for all activities on your account. You should therefore make sure that you secure your account by, for example, choosing a secure password that you do not use for any other account. By using WIFFme, you agree to comply with the following (unless we state an exception for you in writing):
you will not create more than one account for yourself;
if your account is deactivated, you will not create a new account;
you will not buy, sell, lend or rent access to your account, your username or a link to another user;
you will not share your account password with anyone.
You will not use or access WIFFme and our Services through any third-party application, client or other software not authorised by us when registering or logging into WIFFme.
12.2. If you suspect that someone else has access to your account, contact us directly at firstname.lastname@example.org.
12.3. In the event that you change or deactivate your email address which is linked to your account through registration with WIFFme, you must update the account details immediately via the settings so that you receive the messages which we send you.
13. Termination by you
13.1 Termination in the case of free registration
In the case of free registration without a paid subscription, you can delete your WIFFme account at any time and thus terminate the use of WIFFme. You can delete/terminate the account using the “Delete account” function in your account settings. Your account information will then be deleted by us.
13.2 Termination in the case of registration subject to a charge – Cancellation
13.2.1. You can cancel your paid subscription at any time and without giving reasons, subject to the agreed minimum term. In the event of cancellation, your account will continue to exist without any effect on any payments you have already made until the agreed minimum term of the subscription you have chosen. After expiry of the minimum contract period, your account information will remain stored for 30 days. Within this time you can reactivate your account; otherwise your account information will be automatically deleted by us. If you do not want to wait for this 30-day period, you can also delete your account information immediately in the course of the cancellation with the function “Delete account”. All your account information will be lost.
13.2.2. You can terminate the contract using the “Cancellation” function in your account settings.
13.3. Despite a termination/deletion, you remain bound by points 5 to 12 as well as 20, 21, 23 and these T&Cs.
14. Termination by us
14.1. We can also terminate the contractual relationship with you, for example if you do not comply with the provisions of the T&Cs. Our right to terminate means that we can delete/deactivate your account and reclaim your username for any reason, as well as not offering you Services in the future. Furthermore, we reserve the right to terminate the contractual relationship with you for the following reasons:
a. in the event of reasonable suspicion of misuse of WIFFme and our Services;
b. in the event of reasonable suspicion of the commission of a criminal offence;
c. in the event of violation of legal provisions, morality, reputation or legitimate interests of us;
d. in the event of any breach of any other terms agreed between you and us;
e. in the event of incomplete or incorrect information or failure to provide required proof or documents;
f. if you object to the use of your data required for the provision of WIFFme (such as your e-mail address or payment data);
g. in the absence of official approvals or lack of legal or contractual capacity;
h. in the event of default in payment.
14.2. In this case, too, you remain bound by points 5 to 12 as well as 20, 21, 23 and 24 of these T&Cs despite termination/deletion.
15. Changes to the T&Cs
We reserve the right to unilaterally change or cancel the T&Cs at any time and without giving reasons. In any case, you will be informed of any changes to the new T&Cs on our website wiffme.com.
16. Data protection
Protecting your data is an important topic for us, and you can find out more about how we handle your information/data in our Data Privacy Statement.
17. Data charges
You agree that all data charges and other fees that may be incurred through the use of WIFFme and our Services are your responsibility.
In the event that you do not know how much these fees might be, you should check with your provider before using WIFFme and our Services.
18. Any third-party providers
If we offer or provide you with a service, feature or function from a third-party provider or our Services via WIFFme, the contractual relationship between you and the respective third-party provider arising from any use is subject to the respective terms and conditions (of use) of the third-party provider. We are not liable for any terms and conditions (of use) agreed between you and any third-party provider and/or for any actions resulting from them.
19. Changes to the Services
We are constantly striving to improve and add to WIFFme and our Services. We therefore reserve the right to amend, restrict, remove, suspend or terminate WIFFme and our Services at any time. If such measures are taken by us, we will do our best to inform you in advance.
You agree to indemnify, defend and hold us, our agents, and our business partners, affiliates and agents harmless to the fullest extent permitted by law from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses, including attorneys’ fees and litigation costs, arising out of or related to: (i) your access to or use of WIFFme/our Services or those of third-party providers; (ii) your videos or other Content; (iii) your breach of any of the provisions of these T&Cs.
21. Disclaimer and limitation of liability
21.1. We will always endeavour to provide you with a trouble-free service, but we cannot guarantee this either expressly or implicitly, so you must comply with the following provisions:
a. We do not accept any responsibility for WIFFme accounts or subscriptions coming online/being activated and/or being deactivated/deleted at any particular time.
b. We are not responsible for the content, accuracy, timeliness or reliability of any video or other content provided on WIFFme and our Services.
c. We will not be liable for any damage or breach of duty of disclosure caused by you or any third party attributable to you in connection with our WIFFme Map to any visitor to your website or any other person accessing it through your website.
d. We are not liable for any content that you, any other user or any third party creates, uploads, posts, transmits, receives or stores on WIFFme and our Services.
e. We shall not be liable for any damages resulting from the misuse or use of WIFFme or our Services other than as provided for in these T&Cs.
f. We accept no liability for the use of a WIFFme account by any third party.
g. We cannot guarantee the compatibility of WIFFme with any hardware or software you use.
h. We expressly point out that the unauthorised production of copies, reproductions or the publication of videos or other content cannot be ruled out and we accept no liability in this respect.
i. Our liability for damages caused by force majeure events (strike, earthquake, pandemic, etc.) is excluded.
j. We shall not be liable for any loss of data and its recovery. You are therefore aware that you yourself are responsible for any backup or copies that you make.
21.2. Insofar as we are liable for damages, our liability is limited to intent and gross negligence. Any further liability for slight negligence (except for damages arising from our breach of a main contractual obligation towards consumers within the meaning of the Consumer Protection Act, as well as personal injury) is excluded. Furthermore, liability for loss of profit, damage due to defects, indirect damage, consequential damage and damage to third parties is excluded. Any claims for damages shall in any case become time-barred within six months of knowledge of the damage. These provisions apply subject to mandatory statutory provisions to the contrary (such as the Consumer Protection Act). In addition, our total liability in the event of an established liability shall in no event exceed the amount paid by you to us through your subscription to WIFFme and our Services in the 12 months prior to the occurrence of the liability event or an amount of €360.00. This limitation of liability does not apply if the applicable laws of the country in which you live do not allow it.
22. Treatment of problems and complaints
If you have a concern (a technical problem or a complaint), you can contact us at email@example.com and we will do our best to solve the problem.
23. Exclusive place of jurisdiction
The court with subject-matter jurisdiction at our registered office in Vienna shall be responsible for any legal disputes arising.
24. Final provisions
24.1. Because we want to offer you a wide range of options with WIFFme and our Services, we may write additional terms for our present or future services. Any such additional terms will be provided to you in writing prior to your accessing the relevant Services and will then become part of your agreement with us if you agree to them. If any part of the additional terms conflicts with these T&Cs, the additional terms shall prevail.
24.2. Any possible invalidity of any part of these T&Cs shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by provisions that come as close as possible to the intended provisions.
24.3. These T&Cs as well as all claims and disputes arising therefrom and in connection therewith shall be governed exclusively by Austrian law, to the exclusion of national and international conflict-of-law rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
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