Section I: General conditions for the use of the platform
§ 1 - Provider, content of the offer
(1) Provider of the website adhocracy.plus (hereinafter referred to as "Platform") is Liquid Democracy e.V., Am Sudhaus 2, 12053 Berlin (hereinafter referred to as "Provider"). The following conditions regulate the rights and obligations between the provider and the respective user of the platform.
(2) The provider operates the platform in order to
(a) to enable organisations (e.g. associations, NGOs, municipalities or other public bodies) to publish certain procedures for citizen or member participation (hereinafter "procedures") online on the Platform; and
(b) to enable participants (e.g. citizens of a municipality or members of an association) to participate in such proceedings online.
§ 2 - Access requirements, registration
(1) Every visitor to the platform may view the status of a procedure and the associated discussion contributions without special prerequisites, provided that an organisation has made its procedure accessible to the general public. It is up to the respective organisation to decide whether it reserves the right to inspect and participate in one of its proceedings to certain participants, e.g. by making it dependent on membership.
2. Any organisation may establish procedures on the platform and offer participation to participants (hereinafter "publish").
(3) Participation in a procedure may take the form, for example, of adding discussion contributions or comments (hereinafter "contributions") or participating in a survey or vote.
(4) The publication of and participation in procedures requires prior registration as an organisation or participant (collectively referred to as "User") on the Platform.
(5) Each user can apply online for his registration on the platform by entering a user name (pseudonym) of his choice, his e-mail address and a password of his choice. Alternatively, registration can be applied for on the basis of an existing user account with Google, GitHub or Twitter. If the provider accepts the registration application, the user will receive a corresponding confirmation by e-mail.
(6) Only one registration is permitted for each user. A representative or fiduciary registration for third parties is inadmissible. The provider reserves the right to terminate user relationships without notice if they are based on multiple registration of the same person or on representation or trust for a third party.
(5) Visiting the platform, registering as a user, setting up procedures and participating in them are free of charge.
§ 3 - Participation, granting of rights
(1) Each participant undertakes to submit only those contributions which have been written by him personally and are based on his personal convictions and considerations.
(2) Unless otherwise indicated in a procedure, a participant's contribution will be published on the platform together with the participant's name, so that the contribution can become part of the public discussion of the procedure.
(3) The participant grants the provider and the organisation operating the respective procedure the right to publish, reproduce, make publicly accessible and otherwise distribute all components of the contribution (texts, images, audiovisual content and other data), including the participant's name, for example in printed form to document the procedure. The grant is made as a simple right without temporal or geographical restrictions.
(4) The participant guarantees the provider and the organisation that he has all necessary rights to all components of his contribution; this also applies to the personal rights of persons depicted or reproduced in any photos, video or audio files submitted. The participant exempts the provider and the organisation from all claims made by third parties due to possible infringements of rights by the contribution. The claim for indemnification also includes the costs of an appropriate examination and, if applicable, legal defence which become necessary in such a context, unless the participant is not responsible for the third party's complaint.
(5) The granting of rights is free of charge.
§ 4 - Quality assurance
(1) An organisation may refrain from publishing a contribution or remove a published contribution from the platform if, at its own discretion, it is convinced that the contribution is not conducive to the intended objective dispute in the respective procedure. This is in particular the case if a contribution
- is not related to the subject of the proceedings,
- is exhausted in the reproduction of opinions or other statements of third parties, without revealing any own opinion of the participant,
- is insulting in content or form, which cannot be tolerated even under consideration of freedom of opinion,
- contains or constitutes an infringement of any right, such as libel, slander, sedition, coercion, extortion, threat or infringement of copyright, trademark or publicity rights.
Please consider the Code of Conduct.
2. Where an organisation imposes its own conditions on participation, such conditions shall prevail over the provisions of paragraph 1.
§ 5 - Termination of the user relationship
(1) Each party may terminate a user relationship at any time by giving notice in text form. If the provider provides a technical function on the platform for termination by a user, this shall also preserve the form.
(2) The termination of a user relationship by a participant shall not affect the rights granted to the provider and the organisations to the participant's contributions up to that point; these shall continue to apply. The participant's legally indispensable rights remain unaffected, e.g. to recall his rights, to revoke or to terminate for good cause.
(3) Contributions of a participant remain publicly accessible on the platform even after termination of the user relationship, however, the participant name originally published with a contribution will be removed and replaced by a notice that the authoring participant is no longer active on the platform.
(4) The platform is operated for an indefinite period of time; the user is not entitled to an unlimited term or a certain availability ("up-time").
§ 6 - Liability
(1) The processes of the platform shall be automated, in particular the establishment of procedures and the publication of contributions. The provider does not check data submitted online by users for appropriateness of content, factual correctness or any legal infringements before publication. The provider will, however, within the scope of his legal obligations, immediately investigate concrete indications of problematic content.
(2) The liability of the provider for financial losses is excluded; this does not apply if a financial loss is based on intent or gross negligence of the provider, its legal representative or one of its vicarious agents. The liability of the provider for damages resulting from injury to life, body or health, which is based on a negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider, remains unaffected.
(2) If the user does not object in text form within four weeks of receipt of the announcement, his consent to the change shall be deemed to have been given. The provider will specifically draw the user's attention to this legal consequence of tacit consent in the announcement.
(3) If the user objects to the announced change in due time, the change shall not take effect with regard to this user.
§ 8 - Applicable law
The use of the platform is subject to the laws of the Federal Republic of Germany to the exclusion of the conflict of laws rules of international private law. This choice of law does not apply if it would restrict the mandatory legal rights of a consumer with permanent residence abroad.
Section II: Supplementary conditions for additional services against payment
§ 9 - Supplementary services for organisations against payment
(1) In addition to the services provided free of charge under Section I of these Conditions, organisations may make use of services provided free of charge by the provider in accordance with this Section II.
(2) The use of the paid services presupposes a separate contract conclusion in text form.
§ 10 - Individual support for setup and application (Support)
(1) To support the setup and implementation of procedures on the platform, the provider provides experienced employees who answer questions of the organization by e-mail and/or telephone ("Support").
(2) The availability of a contact person is granted within the contractually agreed period ("support period"). Unless otherwise agreed, the support period includes the working days, with the exception of Saturdays and the days 24. 12. and 31. 12. of a year, between 10 a.m. and 6 p.m. ("Support Days").
(3) When the organization ("Ticket") first notifies the customer of a specific problem or request for advice, a contact person shall react within the contractually agreed period of time ("Response Time"). Unless otherwise agreed, the reaction time shall be the time until 6 p.m. on the support day following the receipt of the ticket. A ticket received outside a support day shall be deemed received at the beginning of the next support day. The ticket will be processed by the contact person who is most likely to be available; there is no entitlement to processing by a specific contact person.
(4) The processing of a ticket consists of problem analysis and the development of options for action for the organization. Any further success is not owed.
(5) The time scope of the support provided by the provider ("support volume") is limited and depends on the agreement reached with the organization. A support volume agreed for one month shall also be remunerated if the organization does not use up the volume within the respective month; support volume not used up for one month cannot be transferred to the subsequent period.
§ 11 - Hiding the "Support" Banner
The platform contains a banner in the footer of each page in which the provider asks for the support of his platform. For a fee, the provider can agree with an organisation that this banner will be hidden on pages that belong to the organisation's procedures.
§ 12 - Platform areas with individual Internet address
(1) The Provider may make certain areas of the Platform related to the procedures of the Organization accessible at an individual Internet address (URL) of the Organization.
(2) For this purpose, the Provider shall communicate the technical data required to connect the Organization's URL to the Provider's web server. It is the organization's responsibility to incorporate this data into its domain settings (DNS records) and to maintain it during the term of the contract.
§ 13 - Training
(1) Upon request, the provider shall provide personal training on the possible uses of the platform, on setting up and moderating procedures. Unless otherwise agreed, the training comprises four hours with a maximum number of participants of six on the part of the organisation.
(2) Unless otherwise agreed, the training shall take place as a video conference. The technical requirements (conference software, required transmission speed of the Internet connection) are subject to individual agreement.
§ 14 - Contract period
(1) If a continuing obligation relationship with an initial term of 12 months is agreed, it shall be extended subsequently by a further 12 months in each case, as long as neither party terminates the contract by notice of two months before the end of the contract.
(2) If a continuing obligation with an initial term of one month is agreed, it shall be extended subsequently by a further month in each case as long as neither party terminates the contract by giving two weeks' notice before the end of the contract.
(3) The right to extraordinary termination for good cause shall remain unaffected for each party.
(4) Each termination requires the text form to be effective.
§ 15 - General remuneration regulations
(1) The fees for the services shall be based on the price list valid at the time of conclusion of the contract. All fees are net plus the applicable value-added tax.
(2) In the case of a continuing obligation, payment shall be due in advance at the beginning of the contract term for the entire contract term.
(3) Payments are to be made within 7 days of receipt of invoice without deduction.
(4) The supplier can also create and send invoices in electronic form.
(5) Objections to an invoice must be raised by the organisation in text form within eight weeks of receipt of the invoice; at the end of this period, the invoice content shall be deemed to be correct, whereby the organisation reserves the right to prove incorrectness. The organisation will be informed separately of this legal consequence when the invoice is sent.
(6) The organisation is only permitted to offset claims of the supplier with undisputed or legally established claims. Rights of retention may only be asserted on the basis of claims arising from the same legal relationship.
Status: 13. 11. 2019