Terms & Conditions
Welcome to e.Vernetzt. We have tried to keep these terms as balanced, clear and short as they can reasonably be. If you have a suggestion for how we could improve them, write to us at legal@binarieslab.com.
e.Vernetzt is provided by Binaries Lab UG (haftungsbeschränkt), Gocher Straße 88, 47559 Kranenburg, Germany (hereinafter, as permitted or required by context, “we”, “our”, “us” or “Binaries Lab”).
e.Vernetzt is an app for running a club: managing members and groups, distributing announcements and schedules, and recording the club's income and expenses. An overview of the apps (hereinafter the “Apps” or “e.Vernetzt”) is available on our website at https://evernetzt.binarieslab.com.
1. Scope
1.1. These General Terms and Conditions (the “GTC”), together with any Special Terms and Conditions (the “Special Terms”), form the legal basis for accessing and using the Apps and this website.
1.2. A consumer within the meaning of § 13 of the German Civil Code (BGB) is a natural person entering into a legal transaction for a purpose that is outside their trade, business or profession.
1.3. An entrepreneur within the meaning of § 14 BGB is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business or profession. Clubs using the Apps to run their organisation are treated as entrepreneurs for this purpose.
1.4. Where Special Terms depart from these GTC, the Special Terms prevail for the subject matter they govern.
1.5. We object to any conflicting terms of your own. They become part of the contract only if we expressly agree to them in text form.
2. Formation of contract
2.1. The Apps are distributed through the Apple App Store and Google Play. The contract for using an App is formed when you download or install it.
2.2. The terms of the relevant store operator additionally apply to the purchase process itself. We have no influence over those terms.
3. Licence
3.1. We grant you a simple, non-exclusive, non-transferable right, limited to the term of the contract, to use the Apps as intended on the devices you use.
3.2. All rights in the Apps, in this website and in their content remain with us or with our licensors.
3.3. You may not reverse engineer, decompile, disassemble, rent, lend, resell or sublicense the Apps except where the law expressly permits it.
4. Club data and roles
4.1. The Apps exist so that a club can manage its own data — in particular details of its members, groups, schedules and finances.
4.2. The club is responsible for the lawfulness of processing that data. It decides what data it collects, for what purpose, on what legal basis, and which role it assigns to whom inside the App.
4.3. We process that data in our role as the provider of the technical platform. The details, including the question of processing on the club’s behalf under Art. 28 GDPR, are set out in the App’s own privacy policy.
4.4. The club must ensure that people whose data it enters into the Apps are informed to the extent the law requires. Where minors are concerned, the consent of a parent or guardian must additionally be obtained wherever the law requires it.
4.5. You are responsible for keeping your credentials confidential and for withdrawing a role as soon as the underlying position in the club ends.
5. Acceptable use
5.1. You undertake not to use the Apps unlawfully or abusively.
The following are prohibited in particular:
- posting unlawful, insulting, discriminatory or age-inappropriate content;
- posting content for which you do not hold the necessary rights;
- any attempt to gain unauthorised access to the data of another club or member;
- anything that impairs the availability or integrity of the services, and automated extraction of data at scale.
5.2. In the event of a serious or repeated breach we may temporarily suspend access. We will tell you when we do, unless a legal reason prevents it.
6. Availability and further development
6.1. We aim for high availability but do not owe uninterrupted access. Maintenance, faults on the internet and events outside our control can cause interruptions.
6.2. We may continue to develop the Apps and may change or discontinue individual functions where this serves technical progress, security or the legal position and does not unreasonably disadvantage you.
6.3. If a material function of a paid service is permanently discontinued, you may terminate the contract for cause.
7. Third-party services
7.1. Distribution and billing of the Apps run through the Apple App Store and Google Play. The terms and privacy notices of those providers apply to those processes.
7.2. We have no influence over content reachable through third-party links and accept no liability for it.
8. Warranty and liability
8.1. Statutory warranty rights apply.
8.2. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee we have given.
8.3. In cases of slight negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract.
8.4. Liability is otherwise excluded.
8.5. You remain responsible for backing up your own data. We are liable for loss of data only to the extent that it would also have occurred had the data been backed up properly and regularly.
9. Term and termination
9.1. You may stop using the Apps at any time by deleting them.
9.2. We may terminate the contract in text form giving 30 days’ notice. The right to terminate for good cause remains unaffected.
10. Changes to these terms
10.1. We may amend these terms where a change in the law, in case law or in the development of the services makes it necessary and the change does not unreasonably disadvantage you.
10.2. We will notify you of any amendment at least 30 days before it takes effect, in text form or in the App. If you do not object before it takes effect, the amendment is deemed accepted; we will point this out separately in the notice.
11. Governing law and jurisdiction
11.1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory protective provisions of the country in which they habitually reside remain unaffected.
11.2. If you are an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is our registered office.
12. Dispute resolution
The European Commission provides a platform for online dispute resolution. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
13. Final provisions
Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected.