§ 1 Allgemeines
(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 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 of dance courses & dance events with external providers (e.g., dance schools, studios, solo self-employed individuals).
b. Participation in partner matching (matching of dance-interested individuals).
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 according to § 13 BGB. 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 for consent applies in every case.
(5) The Platform Operator reserves the right to refuse the conclusion of a contract if there are important reasons. Such a reason 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 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 cases of conflict between the GTC of the Platform and the GTC of a provider, the GTC of the Platform shall prevail.
§ 2 Registrierung und Ablauf
(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 a clickable link to the email address provided by the User for activation. The Platform can be used 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. Transfer 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 case of misuse of the account or a corresponding suspicion, and in case of misuse or loss of the password, the Platform Operator must be informed immediately. In such cases, the Platform Operator is entitled to block the account completely or temporarily.
(3) After the Platform has been activated 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 are obliged to compensate for damages, insofar as the Platform Operator has incurred 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 by third parties or claims for damages by potential contracting partners, remain unaffected.
(4) The Platform Operator does not check every profile before its activation. However, the Platform Operator reserves the right to check individual details, 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 providers and can take advantage of offers or arrange other services. Users and providers then have the opportunity to conclude contracts. The Platform Operator is not connected with the offered services or concluded contracts and is not liable for them or their content and outcomes, as well as for the success of the offers.
§ 3 Nutzerprofil
(1) When a user registers on the platform to use the services offered, parts of their information and profile details 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 Buchungen von Kursen und Events
(1) The presentation of courses or events on the platform does not constitute a binding offer, but an invitation to book. A binding contract between the platform and the user is only concluded upon receipt of the booking confirmation.(2) The platform handles the 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 within the meaning of § 312g Abs. 2 Nr. 9 BGB.
(4) Cancellation by user:
• Cancellations are governed by the cancellation conditions specified on the platform.
• If the provider has not specified its own cancellation conditions, the standard conditions provided by the platform apply. If the provider specifies its own cancellation conditions, these apply additionally, provided they do not conflict with mandatory legal provisions or the GTC of the platform.
• Refunds are made exclusively via the platform.
(5) Cancellation by provider: If a course or event does not take place, the platform will completely refund the paid amount 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 Kostenpflichtiges Premium-Abonnement
(1) Users can subscribe to a paid Premium subscription to access extended services and benefits on the platform. The contractual content of the Premium subscription may include discounts, cashbacks, as well as additional digital services such as music generation and exclusive content.(2) The presentation and promotion of Premium subscription options on the website do not yet constitute a binding offer for the conclusion of a contract.
(3) A contract for the Premium subscription is only concluded when the Platform Operator accepts the User's order through an acceptance declaration or when the service is rendered.
(4) The Premium subscription is subject to a fee and automatically renews unless cancelled in due time. The notice period for termination depends on the term of the chosen subscription model.
(5) The Platform Operator reserves the right to adjust the prices and services of the Premium subscription with reasonable prior notice. Users will be informed of changes in due time and have the option to cancel 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 Preise und Zahlungen
(1) The membership prices stated on the website for Premium subscriptions are net prices and are subject to value-added tax.(2) The agreed subscription price is to be paid immediately after successful registration.
(3) Unless expressly agreed otherwise, payment will only be made using the payment methods displayed on the website. Activation of use will only take place after successful payment.
(4) Users are not entitled to set off claims against the Platform Operator unless the counterclaims have been legally established or are undisputed.
§ 7 Laufzeit und Kündigung des Nutzungsvertrages
(1) The exact duration 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 a termination is not made or not made in due time, the membership will be extended by the original contract term and can be terminated with the aforementioned period.
(3) The free user contract with the users can be terminated by both parties at any time 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 Beendigung des Nutzungsvertrages
(1) If the contract is terminated by the User or by the Platform Operator, the personal User data (including name, email, 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 for the enforcement of 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 Partnermatching
(1) The Platform Operator connects interested users 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 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 solely responsible for conducting communication respectfully and appropriately.
(4) Partner matching is exclusively available to adult users.
§ 10 Vermittlungstätigkeit
(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 right to successful intermediation and no right to the provision of a specific number of contract conclusions.(2) The Platform Operator acts solely as an intermediary and is not responsible for the content of the providers' offers. The Platform Operator provides no warranty or 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 Lizenz für die Inhalte der Nutzer
(1) When users provide content on the platform, they authorize the platform operator to store, host, and, where agreed, make it accessible to third parties, in particular providers. The platform operator uses user content in accordance with the agreement 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 purpose of providing services under the agreement. This also includes the right to store, reproduce, format, (technically) edit, transmit, make accessible, and analyze and evaluate the content themselves or through third parties. Use by the platform operator includes, in particular:a. Display on the platform,
b. Marketing and advertising purposes, including use on social media, in newsletters, and in advertisements,
c. Use even after the end of the contract, provided the content is integrated into ongoing campaigns.
(2) The Platform Operator is also entitled to retain the data in a backup system or a separate backup data center. Furthermore, to remedy malfunctions, the Platform Operator is 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 Pflichten des Plattformbetreibers
(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 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 control of the Platform Operator.
(4) The Platform Operator endeavors to keep the software up to date, without, however, any legal claim to this. The Platform Operator can restrict or expand the functionality of the platform at any time.
§ 13 Pflichten der Nutzer
(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.• Uploading or attempting to upload viruses, trojans, worms, or other malicious code to the platform,
• Hacking, manipulating, or attempting to hack or manipulate the platform's software,
• Using scripts and other automated or semi-automated procedures for using the platform,
• Bypassing or attempting to bypass security features of the platform,
• Renting or otherwise commercially using, sublicensing, or otherwise making the user account available to third parties, unless expressly permitted by the platform operator.
(2) Users undertake to behave respectfully and to avoid spam, harassment, or inappropriate content. Any behavior that violates this obligation is prohibited and may lead to consequences.
(3) Users are obliged to actually take advantage of booked services or, if possible, to cancel them in good time and 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 the event of a violation of these GTC or for 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 Bewertungen und 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 guidance in selecting offers.(2) The Platform Operator reserves the right to shorten or remove ratings if they violate legal provisions, public morals, or the 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 Beschwerden & Konfliktlösung
(1) Users can report complaints about providers or other users to the Platform Operator. Complaints must be described in detail and, if applicable, substantiated by appropriate evidence to ensure quick and effective processing.(2) Should a provider not react within a period of 72 hours or should the Platform Operator's review reveal 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 that are necessary to protect the interests of Users and to ensure the quality of services on the Platform. This may also include blocking or removing providers who repeatedly cause complaints or do not adequately respond to complaints.
(4) If a provider does not react to a complaint within the given period, the platform is entitled to refund the booking amount to the user and to offset this with payments to the provider.
§ 16 Haftung
(1) The Platform Operator assumes no responsibility for data material supplied, advertisement texts, or related storage media and is in particular not obliged to store or return them. Deletion after the end of the contract will be carried out in accordance with legal requirements.(2) The Platform Operator is liable for material or legal defects according to the existing applicable legal 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 stipulated - is only liable for the violation of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose observance Users can regularly rely (so-called cardinal obligation), and then limited to the compensation for foreseeable and typical damage. In all other cases, the liability of the Platform Operator is excluded subject to deviating 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 arising 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, nor 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 Urheberrechte
(1) The Platform Operator holds the copyrights to all images, films, and texts published by it on the Platform. Any use of these images, films, and texts is not permitted without the express consent of the Platform Operator.(2) The copyrights and rights of use to images, films, and texts uploaded to the Platform by providers remain with the providers.
§ 18 Datenschutz
(1) The Platform Operator may process and store the 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 store this data due to legal provisions.(2) Further information on data protection can be found in the privacy policy of the Platform Operator.
§ 19 Gesetzliches Widerrufsrecht für Verbraucher
Consumers have a statutory right of withdrawal from the user contract within the framework of the paid subscription. For this purpose, the Platform Operator refers to its separate cancellation policy.§ 20 Änderung der AGB
The Platform Operator reserves the right to change these GTC at any time and without stating reasons. The amended GTC will be communicated to Users in text form at least two weeks before they come into effect. The amended GTC shall be deemed accepted if Users do not object to them within two weeks of receipt of the notification. When notifying of the amended GTC, the Platform Operator will point out the deadline and the consequence of not raising an objection.§ 21 Streitschichtung, Anwendbares Recht und Gerichtsstand
(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) The applicable legal provisions apply to the local and international jurisdiction of the place of jurisdiction.