General Terms of Use of the Cimenio app

1. general regulations

1.1 The provider of the Cimenio App (hereinafter referred to as the “App“) is Cimenio GmbH Koebisstr. 1, 16548 Glienicke (hereinafter referred to as “we” or “Cimenio“). We make our App available for use by private individuals who have reached the age of 18 (hereinafter “Users“). Free registration is required to use the app; there is no entitlement to use our free app. 1.2 These General Terms of Use (hereinafter referred to as the “Terms of Use“) contain the conditions for the use of the app. We do not recognize any terms and conditions of a user that deviate from these Terms of Use, even if they have not been expressly objected to.

2. subject matter of the contract

2.1 Cimenio provides the User with the latest version of the App. 2.2 The App is an application with an integrated rating system that allows Users to submit ratings for individual products in the form of formulated texts and star ratings and by adding photos (hereinafter “Product Ratings“). Users cannot see product reviews that have been submitted about a specific product by other users. 2.3 Product reviews are forwarded by Cimenio to selected partners in accordance with section 6 so that they can publish the product reviews on their own websites. Users receive so-called User Credits for each product review submitted in accordance with Section 8. Upon reaching a certain number of User Credits, Users can exchange the collected credit for vouchers issued by Cimenio.

3. provision; function-enhancing updates and upgrades; availability

3.1 The App can be downloaded free of charge from the Apple App Store and Google Play Store and installed on a mobile device for use. 3.2 We are entitled, but not obliged, to continuously develop the App by means of free function-enhancing updates and/or upgrades if this is necessary for the purpose of adapting it to a new technical environment or to an increased number of users or for other operational reasons. The further development of the app can lead to an expansion and/or modification of the app with the result that new functionalities are available, existing functionalities are optimized in the process and/or user guidance or the data management is adapted to the state of the art. We will inform the user about further developments and make these available for download in the app stores. Section 4 remains unaffected. 3.3 Only information about users that has been released by the respective user in their profile or in the context of using the app is available. The information of the respective user is displayed in the profile as it is made available by the user. Profile information cannot be viewed by other users. The respective user is solely responsible for the content of such information in their profile. We expressly do not adopt the user’s content as our own. 3.4 The availability of the app is 99% on an annual average. Available use (availability given) also includes the periods during
3.4.1 disruptions in or due to the condition of parts of the technical infrastructure required for the execution of the App that are not to be provided by us or our vicarious agents;
3.4.2 only an insignificant reduction in suitability for contractual use. 3.5 The above availability requires a functioning telecommunications connection on the part of the user in accordance with section 3.7 below. The user’s profile content is backed up on our server regularly, at least once a day. 3.6 The transfer point for the app and the user’s profile content is the router exit of our data center. 3.7 We are not responsible for the quality of the required hardware and software on the user’s side or for the telecommunications connection between the user and us up to the transfer point.

4. updates (function-preserving updates)

4.1 We shall inform the user about updates to the app that are necessary to maintain compliance with the contract (function-preserving updates), in particular security updates, and make these available for download in the app stores. 4.2 The user is free to download and install the respective update. If the user does not install the updates provided by us, we shall not be liable for deviations from the contractual condition of the app that are attributable to the absence of the corresponding update.

5. free use

Downloading and installing the app on a mobile device and creating a profile is free of charge for the user; the user only has to agree to the validity of these terms of use.

6. product reviews; authentication and forwarding of product reviews to our partners

6.1 In order to leave a product review, the user must provide us with the following information:

Name and model of the product they wish to rate
Photo of the product
Star rating
Technical details of the product
Date of acquisition
Advantages and disadvantages of the product
his overall assessment of the product

6.2 We use the aforementioned information to forward the user’s product review to selected partners so that they can publish the product review on their website. For this purpose, we forward the information provided by the user in accordance with section 6.1 to our partners. Our partners also receive the user’s first name and surname shortened to the first letter. 6.3 A product review is only valid and entitles the User to User Credits in accordance with section 8 if the product review meets the following minimum requirements:

Star rating
At least one strength of the product
At least one weakness of the product
Continuous text with at least 180 characters
Photos of the product

6.4 The user is prohibited from leaving product reviews that contain the following content (hereinafter referred to as ” inadmissible content“): 6.4.1 criminal or otherwise illegal, discriminatory, racist, violence-glorifying or youth-endangering content, 6.4.2 insults, disparagement, 6.4.3 unlawful threats, 6.4.4 statements about a therapeutic effect or effectiveness of pharmaceutical preparations, medical applications or therapies, 6.4.5 price information and information about other costs (e.g. shipping costs) in figures (e.g. “EUR 10”), 6.4.4 statements about a therapeutic effect or effectiveness of pharmaceutical preparations, medical applications or therapies.6.4.6 personal data of third parties not involved in the product review, 6.4.7 misrepresentation of identity by imitation of another natural or legal person, 6.4.8 untrue information,
6.4.9 content with no meaningful content, such as sequences of numbers, meaningless sequences of letters or symbols,
6.4.10 Reviews that consist only of a reference to reviews by others,
6.4.11 Reviews about products that the user has not used himself,
There is no entitlement to user credits in the cases mentioned in section 6.4. 6.5 We reserve the right to check reviews before passing them on to our partners in accordance with section 1.1 in order to counteract abusive and falsified product reviews. Furthermore, we reserve the right to review reviews even after they have been forwarded to our partners, in particular in the event of complaints by our partners or third parties (e.g. regarding the authenticity of individual reviews) or to ask the user to comment on the reviews they have submitted in the event of specific indications of legal violations. In individual cases, we may be obliged to provide third parties with information about the identity of the respective user, in particular about the user’s registration details, in order to defend ourselves against claims asserted against us based on the content of the user concerned. 6.6 The review procedure pursuant to sections 8.3 et seq. of these Terms of Use (review of the content of product reviews for the purpose of granting User Credits) remains unaffected.

7. creation of statistics

We ask for the user’s year of birth when registering. This is voluntary information. We use this information to evaluate how popular individual products are in the various age groups in relation to individual products. We pass this statistical information on to our partners in anonymous form.

8. user credits; exchange for vouchers; expiry of user credits

8.1 In return for Cimenio’s right to forward the product reviews and statistical information to third parties in accordance with this Agreement (in particular in accordance with Sections 6 and 9), the User shall receive the number of User Credits specified in the App for each product review submitted. 8.2 The User Credits shall be credited within five (5) days of the product review being submitted, subject to section 8.3 below. 8.3 A claim to User Credits only exists if the product reviews meet the minimum requirements in accordance with section 6.3 and do not contain any inadmissible content within the meaning of section 6.4. 8.4 We reserve the right to subsequently exclude product reviews that do not meet the requirements set out in sections 6.3 and 6.4 from the User Credits collection program. 8.5 If we are of the opinion that a product review does not meet the minimum requirements in accordance with section 6.3 and/or violates section 6.4, we will inform the user of this. The user then has three (3) days to rectify the complaints. If the complaints are not remedied, the rating will be irrevocably rejected. 8.6 The User is entitled to exchange the collected User Credits for Amazon vouchers (hereinafter referred to as the “Voucher“) from 150 collected User Credits, whereby the User receives one (1) Euro voucher value for every ten (10) collected User Credits (i.e. when redeeming 150 User Credits, the User receives a voucher worth 15 Euro). If the user has fewer than 150 User Credits, it is not possible to redeem User Credits. The user can exchange a maximum of 500 User Credits, corresponding to a voucher worth 50 euros. 8.7 User Credits can be exchanged for vouchers at the user’s request. The user can redeem their User Credits in the app in the “Credits and vouchers” section by clicking on “Redeem”. 8.8 The validity of the vouchers is based on Amazon’s redemption conditions for gift vouchers, available at https://www.amazon.de/gp/help/customer/display.html?nodeId=201936990. The voucher code is displayed to the user in the app in the “Credits and vouchers” section. 8.9 The User Credits collected by the User are valid for 24 months from the time they are credited. At the end of this period, the User Credits expire irrevocably. We will inform the user of the impending expiry in good time by e-mail.

9. rights of use

9.1 We grant the User a non-exclusive, perpetual, non-transferable and non-sublicensable right to use the App. 9.2 The User grants us an irrevocable, exclusive, transferable and sublicensable right to use the product reviews (i.e. the information and images provided by the User in accordance with Section 6), unlimited in time and content, with regard to all currently known types of use. In particular, Cimenio is entitled to make
9.2.1 the product reviews available to third parties for commercial purposes in accordance with Sections 6.1 and 6.2 for a fee or free of charge,
9.2.2 to grant third parties the right to reproduce the product reviews within their websites and Internet offerings and to make them publicly accessible,
9.2.3 to edit the product reviews digitally and to adapt them graphically to the intended purpose and to grant third parties corresponding rights,
9.2.4 to translate the product reviews into other languages and to grant and/or transfer corresponding rights to third parties.

10 Obligations of the user

10.1 Each user of the app may only create one profile. Only one profile may be created per end device. A user’s profile cannot be transferred to a third party. 10.2 The user must enter their personal data truthfully in their profile and must keep it up to date at all times. 10.3 The user shall take all necessary precautions to prevent third parties from accessing his/her profile. If a third party gains unlawful access to the app installed on the user’s mobile device or if the user has reasonable grounds to suspect that a third party has gained unlawful access to the app installed on the user’s mobile device, the user must inform us immediately. 10.4 The user shall ensure that the rights of third parties are observed when using information and images in their profile, in particular copyright, trademark law and the personal rights of third parties.

11. prohibited behavior; blocking; exclusion; exemption

11.1 Content that glorifies violence, is harmful to minors, racist or pornographic in a user’s profile or in product reviews is prohibited. 11.2 In their product reviews, users may not refer to external offers that are in competition with our services. 11.3 If a user violates one of the provisions in the above sections 11.1 and/or 11.2 for reasons for which they are responsible, we may block the user’s access to the app and their profile after prior notification of the user if the violation can be demonstrably remedied as a result. If a user intentionally and/or repeatedly violates one of the above provisions, we are entitled to exclude the user from using the app. 11.4 Within the scope of a product review, the user may only post content for which he/she has the necessary rights to publish and/or make available. The user himself is responsible for all product reviews and/or files that he posts. 11.5 Should we be held liable by a partner and/or a third party due to a culpable infringement of rights in a profile and/or in a product review of a user, in particular due to a violation of section 6.4, section 10.4 and/or section 11.4 by the user, the user shall indemnify us against all claims of the partner and/or third party and shall assume the necessary costs of legal defense.

12. termination; notice of termination

12.1 The right to use the app free of charge runs for an indefinite period. Each party is entitled to terminate the user relationship at any time. 12.2 The right to terminate for good cause remains unaffected.

13 General liability

13.1 We shall be liable – irrespective of the legal grounds – for damages or reimbursement of futile expenses in accordance with the following provisions pursuant to clauses 13.1.1 and 13.1.2:
13.1.1 In the event of intent or gross negligence, we shall be liable without limitation. In the event of simple negligence, we shall only be liable for damages arising from the breach of a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the user regularly relies and may rely); in this case, however, our liability shall be limited to compensation for foreseeable damages typical for the contract. 13.1.2 The exclusions and limitations of liability resulting from clause 13.1.1 shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the item, for damages resulting from injury to life, body or health, as well as in the case of liability under the Product Liability Act. 13.2 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our legal representatives and vicarious agents.

14. other

We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so. Status: September 2022