§ 1 General
(1) These General Terms and Conditions (GTC) are the binding rules that apply between udansa GmbH, represented by Bernhard De Luca, Trompeterstraße 5, 01069 Dresden (hereinafter referred to as “Platform Operator”) and the users (hereinafter referred to as “Users”) when using the udansa platform (hereinafter referred to as “Platform”).(2) The Platform Operator provides an intermediation platform through which Users can use the following services:
a. Booking dance classes & dance events with external providers (e.g., dance schools, studios, sole proprietors).
b. Participation in partner matching (connecting people interested in dancing).
c. Use of a Premium Subscription, which offers additional benefits such as discounts, cashbacks, digital content (e.g., music generation) or exclusive events.
(3) The Platform Operator itself does not provide dance services, but exclusively mediates contracts between Users and providers.
(4) These GTC apply exclusively to Users who are consumers within the meaning of § 13 BGB (German Civil Code). These GTC apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Users shall only become part of the contract if and to the extent that the Platform Operator has expressly agreed to their validity. This requirement of consent applies in any case.
(5) The Platform Operator reserves the right to refuse the conclusion of a contract if there are important reasons. Such reasons may exist for the Platform Operator in particular if a conflict of interest exists or may arise, or if other legal or statutory reasons prevent it.
(6) These GTC apply exclusively to the use of the Platform. For the contractual relationships between Users and providers, the separate GTC of the providers may also apply, insofar as they are necessary for the execution of courses or events. In case of contradictions between the GTC of the Platform and the GTC of a provider, the GTC of the Platform shall prevail.
§ 2 Registration and Process
(1) For the use of the Platform, registration with a current email address and the desired personal password is required. Upon registration, the Platform Operator will send an clickable link for activation via email to the email address provided by the User. Use of the Platform is possible after clicking the link.(2) Registration on the Platform is only permitted for persons of legal age. Each User can only create one User account. Multiple accounts or fake accounts are not permitted. Handing over the account to third parties is not permitted. Users undertake to take the necessary measures to ensure the confidentiality of their account data and password and to keep their password secret. In the event of misuse of the account or a corresponding suspicion, and in the event of misuse or loss of the password, this must be reported to the Platform Operator without delay. In such cases, the Platform Operator is entitled to block the account completely or temporarily.
(3) After activation of the Platform for use, Users can create a non-public User profile. Users are obliged to provide complete and truthful information. Should Users culpably provide misleading or untruthful information, they shall be liable for damages, to the extent that the Platform Operator has suffered damage due to this untruthful information. Users are further obliged to indemnify the Platform Operator against claims by third parties. Further claims, in particular claims for damages from third parties or claims for damages from potential contracting parties, remain unaffected.
(4) The Platform Operator does not check every profile before its activation. However, the Platform Operator reserves the right to verify individual pieces of information, for example by requesting proof from Users. The Platform Operator is entitled to refuse the publication of profiles if the respective profile does not correspond to the specialization of the Platform or if the reliability of the information has not been sufficiently proven. This also applies if the content to be published violates legal provisions, official prohibitions, rights of third parties, good morals or these GTC. The Platform Operator does not guarantee the information provided by Users.
(5) Users gain access to offers and services of the providers and can accept offers or arrange other services. Users and providers then have the opportunity to conclude contracts subsequently. The Platform Operator is not connected with the offered services or concluded contracts and is not liable for them and their consequences, nor for the content and success of the offers.
§ 3 User Profile
(1) If a User registers on the Platform to use the offered services, parts of their data and information from their profile will be visible to providers and other Users on the Platform.(2) The profile is only visible to registered Users and applications.
(3) The Platform Operator is entitled to forward personal data in User profiles to providers or other Users if the User has given their consent. The forwarding of personal data will only take place for the purpose specified in the consent.
§ 4 Booking Courses and Events
(1) The presentation of courses or events on the Platform does not yet constitute a binding offer, but an invitation to book. A binding contract between the Platform and the User only comes into existence with the receipt of the booking confirmation.(2) The Platform handles payment processing and provides the User with an invoice. The provider is solely responsible for the proper execution of the course or event.
(3) No right of withdrawal: For bookings of courses and events, there is no right of withdrawal, as these are leisure events in the sense of § 312g para. 2 no. 9 BGB.
(4) Cancellation by User:
• Cancellations are subject to the cancellation conditions specified on the Platform.
• If the provider has not set its own cancellation conditions, the standard conditions set by the Platform apply. If the provider sets its own cancellation conditions, these apply in addition, provided they do not conflict with mandatory legal provisions or the GTC of the Platform.
• Refunds are processed exclusively through the Platform.
(5) Cancellation by Provider: If a course or event does not take place, the Platform will refund the paid amount in full to the customer. Further claims against the Platform are excluded.
(6) The provider is obliged to inform the Platform immediately about changes in dates. The Platform will inform the Users accordingly.
§ 5 Paid Premium Subscription
(1) Users can conclude a paid Premium Subscription to receive extended services and benefits on the Platform. The content of the Premium Subscription contract may include, among other things, discounts, cashbacks, as well as additional digital services such as music generation and exclusive content.(2) The presentation and advertising of Premium Subscription options on the website does not yet constitute a binding offer to conclude a contract.
(3) A contract for the Premium Subscription only comes into effect when the Platform Operator accepts the User's order through a declaration of acceptance or when the service is rendered.
(4) The Premium Subscription is subject to a fee and renews automatically unless terminated in due time. The notice period for termination depends on the term of the selected subscription model.
(5) The Platform Operator reserves the right to adjust the prices and services of the Premium Subscription with reasonable notice. Users will be informed of changes in a timely manner and have the option to terminate the subscription before the changes become effective.
(6) Users are responsible for complying with legal provisions and shall indemnify the Platform Operator against all damages or claims by third parties due to violations.
§ 6 Prices and Payments
(1) The membership prices for Premium Subscriptions indicated on the website are net prices and do not include value-added tax.(2) The agreed subscription price is to be paid immediately upon successful registration.
(3) Unless expressly agreed otherwise, payment is only made using the payment methods displayed on the website. Activation of usage occurs only after payment has been successfully made.
(4) Users are not entitled to offset claims against the Platform Operator unless the counterclaims have been legally established or are undisputed.
§ 7 Term and Termination of the User Agreement
(1) The exact term of the Premium Subscription results from the respective subscription. Free memberships are concluded for an indefinite period.(2) Both parties are entitled to terminate the subscription with the notice period specified in the subscription model. If termination does not occur or is not timely, the membership will automatically be extended by the original contract term and can be terminated with the aforementioned notice period.
(3) The free user agreement with the Users can be terminated at any time by both parties in text form without stating reasons.
(4) Any termination must be in text form. The right to extraordinary termination for good cause remains unaffected.
§ 8 Termination of the User Agreement
(1) If the contract is terminated by the User or by the Platform Operator, the personal User data (including name, e-mail, phone number, messages, uploaded files) will be archived by the Platform Operator. At the latest after six (6) months from the termination of the contract, the User account will be permanently deleted. This does not apply if the Platform Operator requires the relevant data to enforce claims against Users or if statutory retention obligations exist.(2) Upon the effective date of termination, the contractual relationship ends and the User can no longer use their access. The Platform Operator reserves the right to block the username and password upon the effective date of termination.
§ 9 Partner Matching
(1) The Platform Operator brings interested Users together with other Users or providers by suggesting matches. The suggestions are based on the preferences and profile information provided by the Users.(2) After a match, further communication takes place exclusively via external social media channels such as WhatsApp, Instagram or Facebook. The Platform Operator merely provides the contact details for this purpose and assumes no responsibility for the further course of communication between the Users and the other Users or providers.
(3) The Platform Operator assumes no liability for the content and course of communication that takes place via external social media channels after a match. Users are themselves responsible for conducting communication respectfully and appropriately.
(4) Partner matching is exclusively available to Users of legal age.
§ 10 Brokerage Activity
(1) The Platform Operator does not provide its own services. The service on the Platform is purely an intermediation of contacts between providers and Users and the provision of the Platform. The Platform Operator cannot guarantee that providers and their services are actually available to Users. Users have no claim to successful intermediation and no claim to the provision of a certain number of contract conclusions.(2) The Platform Operator acts merely as an intermediary and is not responsible for the content of the providers' offers. The Platform Operator makes no warranty or assumes any liability for the accuracy, quality, availability or legal admissibility of the services offered. Any contract is concluded exclusively between the User and the respective provider. Any claims arising from or in connection with the offers must be asserted exclusively against the provider.
§ 11 License for User Content
(1) When Users provide content on the Platform, they instruct the Platform Operator to store, host, and, if agreed, make it accessible to third parties, in particular to providers. The Platform Operator uses User content in accordance with the agreement existing between Users and the Platform Operator. By providing their content, Users grant the Platform Operator a non-exclusive, spatially unlimited license for the duration of the agreement to use this content for the purposes of providing services under the agreement. This includes the right to store, reproduce, format, (technically) edit, transmit, make accessible, and analyze and evaluate the content itself or through third parties. Use by the Platform Operator specifically includes:a. Display on the Platform,
b. Marketing and advertising purposes, including use on social media, in newsletters and in advertisements,
c. Use even after contract termination, provided the content is integrated into ongoing campaigns.
(2) The Platform Operator is also entitled to keep the data in a backup system or separate backup data center. To rectify malfunctions, the Platform Operator is also entitled to make changes to the structure of the data or the data format. The Platform Operator will only publish and make accessible to third parties the content uploaded by Users to the Platform to the extent necessary for the purpose of the contract.
(3) Users warrant that they have all rights to the content they upload to the Platform or have a license for the content to grant the Platform Operator the rights under this clause.
§ 12 Obligations of the Platform Operator
(1) The services offered by the Platform Operator on the Platform are subject to continuous development, which may change from time to time to a reasonable extent. The Platform Operator reserves the right to temporarily or permanently discontinue the provision of services (or functions within the services) for individual or all Users. The Platform Operator will inform Users of changes or restrictions to the services with reasonable advance notice.(2) The Platform Operator is not liable for data loss due to any technical malfunction or discontinuation of services.
(3) The availability of the Platform is 98% on an annual average. Excluded are times when the servers are unavailable due to routine and previously announced maintenance work or disruptions beyond the Platform Operator's control.
(4) The Platform Operator endeavors to keep the software up to date, without, however, a legal claim to this. The Platform Operator may restrict or expand the functionality of the Platform at any time.
§ 13 Obligations of Users
(1) Users are prohibited from using the Platform's software and services without the express permission of the Platform Operator for purposes other than their own personal or professional/commercial purposes, in particular not for other commercial purposes• introducing or attempting to introduce viruses, Trojans, worms or other malicious code onto the Platform,
• hacking, manipulating or attempting to hack or manipulate the Platform's software,
• using scripts and other automated or semi-automated procedures to use the Platform,
• bypassing or attempting to bypass the Platform's security features,
• renting out the User account or otherwise using it commercially, sublicensing it or making it available to third parties in any other way, unless expressly permitted by the Platform Operator.
(2) Users commit to respectful conduct and to avoiding spam, harassment or inappropriate content. Any conduct that violates this commitment is prohibited and may lead to consequences.
(3) Users are obliged to actually utilize the booked services or, if possible, to cancel them in good time and to inform the provider.
(4) Users are obliged to comply with the terms of participation and house rules of the providers. Participation in courses and events is at your own risk.
(5) The Platform Operator reserves the right to block Users in case of a violation of these GTC or if there is an important reason. However, the Platform Operator is not obliged to monitor the offers or activities of Users and assumes no liability for any damages arising from the blocking of a User.
§ 14 Ratings and Feedback
(1) Users have the opportunity to rate offers after their completion. The Platform Operator is entitled to publish these ratings to provide other Users and providers with orientation in the selection of offers.(2) The Platform Operator reserves the right to shorten or remove ratings if they violate legal provisions, good morals or internal guidelines of the Platform Operator.
(3) The Platform is entitled to editorially shorten, translate or adapt content posted by Users, insofar as this is necessary for publication or marketing.
§ 15 Complaints & Conflict Resolution
(1) Users can report complaints about providers or other Users to the Platform Operator. Complaints must be described in detail and, if necessary, substantiated by appropriate evidence to ensure quick and effective processing.(2) If a provider does not respond within 72 hours, or if the Platform Operator's review shows that the complaint is justified and no adequate solution has been offered, the Platform Operator is entitled to make refunds in the interest of the User. The Platform Operator will inform the affected parties about the decision and the measures taken.
(3) The Platform Operator reserves the right to take further measures as necessary to protect the interests of Users and to ensure the quality of services on the Platform. This may include blocking or removing providers who repeatedly cause complaints or do not respond appropriately to complaints.
(4) If a provider does not respond to a complaint within the specified period, the Platform is entitled to refund the booking amount to the User and offset it against payments to the provider.
§ 16 Liability
(1) The Platform Operator assumes no responsibility for delivered data material, ad texts or related storage media and is in particular not obliged to store or return them. Deletion after termination of the contract takes place according to legal requirements.(2) The Platform Operator is liable for material defects or defects in title according to the existing applicable statutory provisions.
(3) The Platform Operator is liable to Users in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
(4) In other cases, the Platform Operator – unless otherwise regulated – is only liable for the breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose observance the Users may regularly rely (so-called cardinal obligation), and that is limited to the compensation of foreseeable and typical damage. In all other cases, the Platform Operator's liability is excluded, subject to differing regulations.
(5) Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.
(6) The Platform is not liable for damages that arise in connection with the execution of courses or events by providers. Such claims must be asserted exclusively against the respective provider.
(7) The Platform Operator is not liable for the services of the providers that are mediated or offered via the Platform. Any claims or damages resulting from the services of the providers must be asserted directly by the Users against the respective providers. The Platform Operator assumes no responsibility or liability for the quality, safety or legality of the services provided by the providers or for any resulting damages or other disadvantages.
(8) The limitations of liability apply accordingly in favor of the employees, agents and vicarious agents of the Platform Operator.
§ 17 Copyrights
(1) The Platform Operator holds the copyrights to all images, films and texts published by it on the Platform. Use of these images, films and texts is not permitted without the express consent of the Platform Operator.(2) The copyrights and usage rights to images, films and texts uploaded by providers to the Platform remain with the providers.
§ 18 Data Protection
(1) The Platform Operator may process and store User data that Users upload in their User profile and pass it on to third parties, insofar as this is necessary for the execution of the intermediation and as long as it is obliged to retain this data due to legal provisions.(2) Further information on data protection can be found in the Platform Operator's privacy policy .
§ 19 Statutory Right of Withdrawal for Consumers
Consumers have a statutory right of withdrawal from the user contract within the framework of the paid subscription. For this, the Platform Operator refers to its separate cancellation policy.§ 20 Amendment of the GTC
The Platform Operator reserves the right to amend these GTC at any time and without stating reasons. The amended GTC will be communicated to the Users in text form at least two weeks before their entry into force. The amended GTC shall be deemed accepted if the Users do not object to them within two weeks of receiving the notification. When notifying the Users of the amended GTC, the Platform Operator will point out the deadline and the consequence of not raising an objection.§ 21 Dispute Resolution, Applicable Law and Place of Jurisdiction
(1) The Platform Operator does not participate in any dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) For the local and international jurisdiction of the place of jurisdiction, the applicable legal provisions apply.