General Terms and Conditions of Business
1 Services of Badgeport
1.1 Badgeport UG (haftungsbeschränkt) (hereinafter referred to as “Badgeport”) makes the agreed contents available to the customer online in accordance with these General Terms and Conditions. The access and the use of the contents of Badgeport are possible for the customer via suitable Internet-capable devices. The customer has the option of ordering subscriptions for different periods (hereinafter referred to as "subscriptions"). Unless otherwise agreed, such subscriptions allow access to selected information for the agreed period. The duration of the activation will be communicated to the customer in each case before the order.
1.2 Badgeport reserves the right to design, modify and adapt the contents and individual data points as long as the overall character of the subscription is maintained.
1.3 Beyond clause 1.2, Badgeport reserves the right to modify or adapt the content of individual subscriptions if this is necessary for technical reasons. In such a case Badgeport will inform the customer in time about the upcoming change or adjustment.
1.4 Badgeport is not responsible for the content and information provided by third parties or contents and information that are in the responsibility of third parties. The i contents and information may vary depending on the availability of the respective data and information sources for Badgeport.
1.5 The customer acknowledges that he is not entitled to duplicate contents and information during the contractual relationship and after termination of the contractual relationship. After termination of the contractual relationship he is also not entitled to access the stored contents and information.
1.6 The information, contents and data provided and processed by Badgeport are for information purposes only and do not contain any recommendation or invitation to purchase products of third parties. Neither are information, contents and data provided by Badgeport intended to be any kind of investment advice.
2 Registration and minimum age
The use and registration as well as the conclusion of a contract for the purchase of a subscription at Badgeport requires the minimum age of eighteen (18) years of the persons concluding the contract.
Before each use of the contents, which can only be viewed after registration or payment, the user name or e-mail address and password must be entered by the customer (login data).
The password must be kept secret. Passing on the password to minors and third parties is prohibited. For security reasons it is recommended to change the password to badgeport.io at regular intervals under the menu item "Change Password".
3 Duties of the customer
3.1 The contents provided by Badgeport may contain legally protected material, in particular copyrights and ancillary copyrights. The contents are intended exclusively for internal use by the customer within the contractual time limits and may only be used for the purposes expressly permitted in these conditions. In particular, the contents may not be edited, changed, copied or made accessible to third parties or the public in any way. Furthermore, the content may not be used commercially by the customer in any way.
3.2 Unauthorized sharing of content, such as posting, uploading, downloading, or otherwise distributing content and/or supporting such actions is expressly prohibited. Violations of section 3.1 entitle Badgeport to conduct an extraordinary termination of the subscription contract. Further claims for damages resulting for Badgeport remain unaffected.
3.3 Personal data
Badgeport must be informed by the customer immediately, at the latest after thirty (30) calendar days, of any change of customer data (in particular address, e-mail address and telephone number) differing those provided upon the conclusion of the contract or registration. Changes of customer data can be communicated via [email protected].
4 Compensation provisions
4.1 The fixed subscription fees and other payments are due and payable in advance of the service provision by Badgeport. The subscription period begins with the day of activation by Badgeport, which usually takes place on the day of payment and ends after the subscription period ordered by the customer.
4.2 Unless otherwise specified and subject to any further development of the payment process and other payment methods, payments within the scope of the business relationship shall be made via the cryptographic arithmetic unit Ether (ETH), the amount of which depends on the price of the subscription selected by the Customer in US dollars, based on the current ETH/USD exchange rate of Bitfinex.com by the time of the subscription order.
5 Disruption of performance/liability/rescission
5.1 In the event of a complete or partial failure of the service, the customer is entitled to reduce the subscription fees proportionately according to the severity of the disruption. This shall not apply if the customer and his vicarious agents (in particular internet service providers) are responsible for the failure. This also does not apply if the failure was caused by disturbed data sources of third parties (e.g. APIs) which badgeport accesses. Such a reduction is excluded if the loss of performance in relation to the total performance is of minor extent. In this sense, interruptions are considered minor if the total extent of unavailability of the services provided by Badgeport does not exceed forty-eight (48) hours per calendar month. Reductions and refunds are realised in the form of an appropriate extension of the subscription and thus access to the data and content. Interruptions and failures can be reported via [email protected].
5.2 Badgeport is liable without limitation for intent and gross negligence. Badgeport is only liable for simple negligence - except in the case of injury to life, body or health - if essential contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations) are violated and limited to contract-typical and foreseeable damage. However, the above limitations or exclusions of liability do not apply to a legally mandatory, no-fault liability. As far as the liability is excluded or limited, this also applies to the personal liability of the employees, representatives, organs and vicarious agents of Badgeport.
5.3 If the customer is not only slightly in delay with the payment of the subscription fees or with other payment obligations, Badgeport can withdraw the right of access to content which is subject to payment until the complete subsequent fulfilment of the payment default and/or refuse the use of further services for as long as the payment obligation has not been cleared. Further bookings are not possible until the end of the payment delay. The right to terminate without notice for good cause shall remain unaffected in addition to the right to withdraw the right of access to content subject to payment. If Badgeport terminates the subscription after a corresponding warning in the case of other breaches of performance obligations by the customer or an unsuccessful period for subsequent performance in the case of default in payment, the customer is obliged to pay a lump sum compensation instead of the performance in the amount of the subscription fees for the contractual remaining term less a five percent discount. The parties are at liberty to prove that a higher, lower or no damage has occurred.
5.4 Badgeport is not responsible for disruptions or interruptions of services due to force majeure, i.e. circumstances beyond the control of Badgeport. These are e.g. earthquakes, floods, fires and other natural disasters as well as actions or omissions of telecommunication companies and internet service providers, electricity suppliers or generally third party service providers.
6 Data protection
6.1 Badgeport UG (haftungsbeschränkt), Buckhorn 35a, 22359 Hamburg, is responsible for the processing of personal data provided by the customer. Badgeport can be contacted at the above address or at [email protected] regarding data protection issues.
6.2 The personal data provided by the customer as well as the data on the type and frequency of his use of the services provided by Badgeport will be processed by Badgeport and stored within the legal retention periods (in particular according to HGB and AO (Handelsgesetzbuch and Abgabenordnung of the German legislation)), insofar as this is necessary for the fulfilment of the contract, in particular for the performance of the customer service and the remuneration statement (Art. 6 para. 1 letter b GDPR (General Data Protection Regulation)). Depending on the respective subscription, the data may be transmitted to service providers who provide services on behalf of Badgeport (order processing, Art. 28 GDPR). If a service provider used by Badgeport is located in a third country, appropriate measures (in particular the use of EU standard contractual clauses) are taken to ensure that the rights of the customer as the data subject are protected.
6.3 Badgeport uses address data of customers, which Badgeport has received within the process of concluding the contract, on the basis of Art. 6 para. 1 letter f GDPR in order to provide them with information on products of Badgeport from the area of blockchain-related services by electronic mail (e-mail) also beyond the contract term on the basis of § 7 para. 3 UWG (Gesetz gegen den unlauteren Wettbewerb of the German legislation). Badgeport uses the e-mail address and/or telephone number provided by the customer as part of the subscription for this purpose. The customer can object to the use of the data for the purpose of direct advertising by post and/or electronic mail at any time, e.g. at [email protected] (without incurring any costs other than the transmission costs according to the basic rates) or by post to Badgeport UG (haftungsbeschränkt), Buckhorn 35a, 22359 Hamburg.
6.4 The customer has the right to request information free of charge about the personal data stored by him at Badgeport (Art. 15 GDPR). The Customer also has the right to request correction, deletion or limitation of the processing of his personal data (Art. 16-18 GDPR) and the right to receive such data in a structured, current and machine-readable format (right of data transferability, Art. 20 GDPR). The customer may at any time object to any data processing required to safeguard the legitimate interests of Badgeport or a third party or for the purpose of direct advertising within the framework of the statutory provisions (Art. 21 GDPR). The customer can send such inquiries to the above address or to [email protected]. If the customer is of the opinion that the processing of personal data concerning him by Badgeport contradicts relevant legal provisions, he can also contact a supervisory authority.
7 Contract Duration/Cancellation
7.1 The subscription contract begins on the day of conclusion of the contract. The contract is concluded for the selected subscription period of one (1) month, two (2) months or three (3) months. The contract ends automatically after the end of the selected subscription period. No notice of termination is required.
7.2 If Badgeport is no longer able to provide the customer with specific contents and information due to technical reasons, Badgeport is entitled to terminate the subscription contract concerned with fourteen (14) days' notice.
8 Transfer of rights to third parties
8.1 Badgeport is entitled to transfer the payment claims against the customer as well as all rights and obligations arising from the subscription contract to third parties without the customer's consent. In case of transfer of all rights and obligations Badgeport will inform the customer four (4) weeks in advance. The customer is entitled to terminate the subscription contract at the time the transfer becomes effective.
8.2 The customer may not transfer his rights and obligations from the subscription contract to third parties without Badgeport's approval.
9 Final agreements
9.1 If individual provisions of the subscription contract are or become invalid, the validity of the remainder of the subscription contract remains unaffected.
9.2 Badgeport can change these General Terms and Conditions with a notice period of four (4) weeks, if the change is reasonable for the customer taking into account the interests of Badgeport. The right to change shall not apply to essential provisions of the contractual relationship, in particular the type and scope of the mutually agreed services and the term.
If the customer does not object to the change within the deadline set by Badgeport, the change is deemed approved. Badgeport points this fact out to the customer in the change announcement.