Back

General Terms and Conditions for the MomemtumChat application for cell phones (GTC)

campoint AG (hereinafter: "campoint"), represented by its CEO Matthias Kopolt, is a provider of e-business solutions with its registered office at Dr.- Hermann-Neubauer-Ring 32 in DE-63500 Seligenstadt; e-mail: support@momentumchat.app. The MomentumChat App is a technical tool for providers of video conferencing services ("Providers") to use the MomentumChat App video conferencing platforms (hereinafter referred to as the "Platform") and their functions on mobile devices.
All questions, complaints or claims in connection with the use of the MomentumChat App or with regard to these General Terms and Conditions (hereinafter: "GTC") should be addressed to campoint.

1. Scope of application and amendments

1.1 The following GTC apply to the use of the MomentumChat App.

1.2 campoint may amend these GTC if, after conclusion of the contract

and contractual gaps arise as a result, whereby the contractual relationship is disrupted. This only applies insofar as the provider is not unreasonably disadvantaged by the change and the change does not affect the mutual main performance obligations.

1.3 When using the MomentumChat App, campoint shall inform the Provider in good time of any changes to the contractual conditions and the rights to which the Provider is entitled in this context.

1.4 Providers have a special right of termination in the event of changes that are not exclusively in their favor.

1.5 Should the amendments be invalid, void or unenforceable, this shall not affect the validity and effectiveness of the remaining provisions.

2. Group of authorized users

This offer from campoint is aimed exclusively at commercial providers who have reached the age of eighteen and are considered to be of legal age in the country in which they reside. Minors are excluded from using the MomentumChat app.

3. Conclusion of contract

3.1 Acceptance of the General Terms and Conditions

When the MomentumChat app is started, a notice is displayed that is linked to these T&Cs for the MomentumChat app. This notice asks the provider to accept these GTC. Only if the provider has given this consent by ticking the checkbox and clicking on the "Login" button will they be able to access the start menu of the MomentumChat app and log in.

3.2 Registration and access data

a) To use the MomentumChat App, the provider must have registered to use the MomentumChat App. They can then log in via the app using their registration data (provider name and password).

b) The Provider shall protect the access data from being disclosed to third parties, in particular to minors. The Provider shall bear full responsibility for any use of the MomentumChat App that is made using its access data.

3.3 Binding conclusion of contract

By downloading this MomentumChat App and accepting the GTC, the provider submits an offer for the provision of the MomentumChat App in accordance with these GTC. By subsequently making the functions of the MomentumChat app available in full, campoint declares its acceptance of the provider's offer and the contract is concluded.

4. Subject matter of the contract

4.1 Content of the service

With the MomentumChat app, campoint provides the provider with an application for the mobile use of web-based video chat platforms. The following functions are available to the provider via the MomentumChat app:

The MomentumChat app is expressly not a chat platform but only provides access to the chat function of the web-based service. Communication between two users of the MomentumChat app is not possible via the MomentumChat app.

4.2 Consent to the sending of app notifications

In order to make full and unrestricted use of the services, the provider must confirm that the MomentumChat app may send them notifications. For this purpose, the provider must click on the "Accept" button after the corresponding instruction. It is also possible to reject this by clicking on the "Reject" button. No MomentumChat App notifications will then be sent. This can lead to restrictions in the purposeful use of the MomentumChat app.

4.3 Consent for access to functionalities of the mobile device

In order to use the services without any restrictions, the provider must confirm that the MomentumChat app may access the camera, media library and microphone of the mobile device. As soon as this is required for the first time, a corresponding notice with instructions will be displayed. If the provider wishes to grant the MomentumChat app access, they must click on the "Accept" button. Access is then granted without the need to obtain consent again. Within the functionality of the mobile device, however, it is possible to prevent access to the camera, media library or microphone at any time. It is also possible to reject access directly when notified by clicking the "Reject" button. No corresponding access to the mobile device will then take place. This can lead to restrictions in the targeted use of the MomentumChat app.

4.4 Changing the app

campoint reserves the right to update and change the app at any time, taking appropriate account of current contracts, including changes to the services and their availability, business models and functionality, in order to align them with the needs of the providers and their own business needs. campoint shall not be liable to the provider or third parties for any changes, interruptions or discontinuation of the services. In the event of a change, these GTC shall also apply to the changed service.

4.5 Granting of rights by campoint

campoint grants the Provider a free, simple, non-transferable and non-sublicensable right to use the MomentumChat app for the duration of this contract. The right of use is limited to the intended download, installation and use solely for the purposes described in this agreement. Any further use is not permitted.

4.6 Granting of rights by providers

The Provider irrevocably grants campoint an exclusive, freely transferable and sub-licensable right of use and exploitation of all content (in particular image, video, sound and text material), unlimited in terms of content, time and territory, as soon as it is created, streamed, uploaded or otherwise made available for the respective platform via the MomentumChat app.

5. Obligations of the provider

5.1 Lawful conduct

The Provider is obliged to behave lawfully. In particular in connection with the use of the MomentumChat App, the Provider shall not

a) store, post on the Internet, offer, provide access to or advertise content that violates the criminal law, narcotics law, pharmaceutical law or weapons law provisions of the Criminal Code or the Narcotics Act, Pharmaceutical Act or Weapons Act.

b) store content, post it on the Internet, offer it, provide access to it or advertise content that shows persons other than the provider without the provider having previously acquired all the necessary rights to such content.

c) post, offer or provide access to images, video or live sequences in the chat that show minors, animals and/or objects that are generally associated with minors or animals.

d) make any kind of changes to the computer code of the MomentumChat app

e) send, transmit or store viruses or malicious code via the MomentumChat App in the course of using the MomentumChat App.

h) make unauthorized access to the services of the MomentumChat app.

i) exhibit behavior that violates applicable third-party contractual provisions, in particular those of the respective platform, when using the app.

5.2 Handling of personal data

Each provider is obliged to treat all personal information received in connection with the use of the MomentumChat app as confidential.

The provider is prohibited from using or passing on personal data obtained in connection with the use of the MomentumChat App services for the purpose of contacting users in any other way.

5.3 Prohibition of copying

The Provider is prohibited from copying, reproducing, imitating or using the MomentumChat App for other commercial or non-commercial purposes.

5.4 Access blocking

In the event of a breach of the behavioral obligations in this section 5, campoint is entitled to terminate the current chat connections immediately and/or to block the provider's access immediately.

5.4 Reservation of the right of review

campoint reserves the right to monitor compliance with the above obligations in accordance with the relevant data protection regulations by using suitable means.

6. Guarantee for the granting of rights and indemnification

6.1 The provider guarantees campoint that it holds all rights to the content created or made available in the context of the chats and otherwise via the MonentumChat app that are necessary to make these available to the chat partner in accordance with the contract. The rights whose availability the provider must guarantee include, in particular, copyright and trademark rights as well as personal rights of use.

6.2 If third parties, including state institutions, assert alleged rights to the content provided by the provider in the context of the use of the app or its illegality against campoint, the provider will indemnify campoint from these claims. The provider will provide the necessary support in the legal defense (to which campoint is entitled but not obliged) and indemnify campoint from the costs of the legal defense. The prerequisite for this is that the provider is informed immediately of any claims asserted, that no concessions or acknowledgements or equivalent declarations are made and that the provider is enabled to conduct all judicial and extrajudicial negotiations on the claims at its own expense.

7. Liability of Campoint

7.1 campoint is only liable for damages caused by intent, gross negligence, injury to life, limb or health, breach of a cardinal obligation or a guarantee. In the event of a breach of a cardinal obligation due to simple negligence, campoint shall only be liable to the extent that the damage is typical for the contract and could reasonably have been expected to occur at the time the contract was concluded. Cardinal obligations in the sense meant here are obligations whose fulfillment makes the proper provision of the service possible in the first place and on whose compliance the user may regularly rely.

7.2. campoint shall not assume any liability for damages caused by intent, gross negligence, injury to life, body or health, breach of a cardinal obligation or breach of a guarantee in accordance with Section 7.2, in particular not for the circumstances described in Sections 7.3.-7.7, unless campoint is compulsorily liable under statutory provisions.

7.3. campoint is not liable for data loss and data changes, transmission errors, display errors, data delays, actions by users in breach of contract, the unlawful use of content generated or provided by the provider within the framework of the chat, or for circumstances that fall within the area of responsibility of third parties or are caused by force majeure.

7.4. campoint does not guarantee that the MomentumChat App is compatible with all devices and operating systems. The Provider itself is responsible for configuring its device for the MomentumChat App.

7.5. campoint is not responsible for the availability of the Internet or for errors in your connections, devices or in their software that may occur in connection with the use of the Program by the Provider.

7.6 The provider is responsible for all fees in connection with Internet access. Information on any fees for data consumption is provided by the respective Internet provider.

7.7. campoint is not responsible for lost, stolen or compromised accounts, passwords, email accounts or any resulting unauthorized activities.

7.8 . The above liability provisions shall apply accordingly to claims against employees, representatives or other vicarious agents.

8. Data protection

campoint undertakes to comply with the applicable data protection regulations when processing the provider's personal data. Further information on this can be found in the separate "Privacy Policy".

9. Contract term and termination

9.1 The contract is concluded for an indefinite period and may be terminated by either party in text form at any time without giving reasons and without notice.

9.2 Notice of termination can be sent by e-mail to support@momentumchat.app or in writing to campoint AG, Dr.-Hermann-Neubauer-Ring 32, 63500 Seligenstadt.

9.3 In the event that the MomentumChat App is deleted by the Provider, campoint shall not be liable for the loss of data in connection with the deletion of the App.

9.4 After termination of the contractual relationship, the Provider is obliged to delete the MomentumChat App and any existing copies of the MomentumChat App.

10. Final provisions

10.1 The contractual relationship between the provider and campoint shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the standards of private international law referring to it. This choice of law also includes data protection law. The laws and regulations applicable in Germany shall therefore apply to this contractual relationship with regard to data protection law.

10.2 The contractual language is German. In the event of a contradiction between the German text of this contract and the text of a translation into another language, the German text shall prevail.

10.3 The place of performance shall be Seligenstadt, as far as legally permissible.

10.4 For legal disputes, the place of jurisdiction is Seligenstadt, Germany. However, campoint is also entitled to sue at the registered office of the provider.

10.5 If a provision of this contract is invalid or unenforceable, the remaining provisions shall remain unaffected. The provider and campoint hereby agree to replace invalid or unenforceable provisions with valid and enforceable provisions that come as close as possible to the economic purpose of the replaced provision.

June 2025