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GENERAL TERMS AND CONDITIONS OF MOMENTUMCHAT APP FOR MOBILE PHONES (GTC)

Campoint AG (hereinafter: campoint) represented by its CEO Matthias Kopolt, is a provider of ebusiness solutions with its registered office Dr.-Hermann-Neubauer-Ring 32, 63500 Seligenstadt, Germany; e-mail support@momentumchat.app. Campoints services include web base video conferencing platforms (hereinafter: platform) on which interested providers (hereinafter: provider) present themselves and make direct contact with users (hereinafter: user). The MomentumChat App for mobile phones (hereinafter: MomentumChat App) offered here is to allow providers the more convenient use of the chat function on these platforms via mobile phones.

Any questions, complaints or claims in connection with the use of MomentumChat App or regarding these Terms and Conditions (hereinafter: GTC) are to be addressed to campoint.

1. Scope & Amendments

1.1 The following GTC apply to the MomentumChat App provided in the above framework 1.2 Campoint is able to change these GTC at any time. Campoint will inform the provider separately about the changed GTC in the MomentumChat App. These changes become effective when

campoint will inform the provider about the consequences of an omitted objection with the notification of change separately. In case of an objection campoint reserves the right to properly terminate this contract at the next possible date. However, amendments to the GTC due to compelling legal reasons do not constitute a right of objection and become effective upon their announcement. In this case, the provider receives a right of termination without notice.

1.3 The GTC in force between the parties for the use of the web functions offered by campoint shall continue to apply without restriction in addition to these GTCs and, in case of doubt, take precedence over these GTCs.

2. Authorized Users

The present offer of campoint is directed exclusively to commercial providers, who have already registered an account within the scope of the web functions offered by campoint. They must have reached the age of eighteen and be considered of age in the country in which they reside. Minors are excluded from the use of the MomentumChat App. Prior to the required registration within the web function, the provider must have already provided proof that he or she is of age and in business. Excluded from the use of the services are also the users. These must continue to communicate via the web function. Providers are not required to use the MomentumChat App.

3. Conclusion of contract

3.1 The acceptance of the general terms and conditions

When you start the MomentumChat App, a notice will appear that links to these GTC for the MomentumChat App. With this notice the provider is asked to accept these GTC. Only if the provider has given this consent by checking the checkbox and clicking the button "Login", he will get access to the start menu of the MomentumChat App and can log in.

3.2 Registration and login data

a) To use the MomentumChat App, the provider must register with his known login data (provider name and password) on the respective platform supported by campoint. Personal data does not have to be provided during registration. The registration of the provider is free of charge. A separate registration with your own login name or password only for the MomentumChat App separately from an account on the web platform is not possible.

b) The provider must protect the login data from being read by third parties, especially by minors. The provider bears the full responsibility for every use of the MomentumChat App, which is made using his login data. The provider is obligated to inform campoint the loss of the login data or the unauthorized knowledge by third parties in text form (e.g., e-mail) without delay.

c) campoint has the right to block the provider's access at any time without giving reasons. This applies in particular if

4.CONTRACTUAL OBJECT

4.1 Service contents

campoint presents the provider with the MomentumChat App, an application with the following functions:

The functions can still be extended.

The MomentumChat App is explicitly not a chat platform, but only provides access to the chat function of the web-based service. A communication between two users of the MomentumChat App is not possible via the MomentumChat App.

4.2 Consent to send app notifications

For full unrestricted use of the services, the provider must confirm that MomentumChat App may send notifications to it. For this purpose, the provider must click the "Accept" button after the relevant instruction. It is also possible to reject this by clicking the button "Reject". Then MomentumChat App will not send any MomentumChat App notifications. This can lead to restrictions in the target-oriented use of the MomentumChat App.

4.3 Consent for access to functionalities of the mobile device

For full unrestricted use of the services, the provider must confirm that 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 instruction will be displayed. If the provider wants to grant access to the MomentumChat App he must click the "Accept" button. Access is then granted without the need to obtain the consent again. Within the scope of the functionality of the mobile end device, it is possible to disable access to the camera, media library or microphone at any time. It is also possible to reject the access directly by clicking the "Reject" button. In this case, there will be no corresponding access to the mobile device. This can lead to restrictions in the target-oriented use of the MomentumChat App.

4.4 Change of services

campoint reserves the right to modify, interrupt or discontinue its services at any time, temporarily or permanently, with or without notice to the user. In this regard, campoint is not liable to the provider or any third party for any changes, interruptions, or discontinuation of services. In the event of a change, these GTC also apply to the changed service.

4.5 Granting of Rights by campoint

campoint grants the provider a free, non-exclusive, 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 as well as the installation and use solely for the purposes described in this contract. Any further use is not permitted.

4.6 Granting of Rights by provider

From this contract and for advertising purposes, the provider grants campoint an exclusive, irrevocable, unlimited in terms of content, time and space, freely transferable and sublicensable right to use all content generated or provided within the scope of its use in accordance with Section 4.1.

5. Obligations of the provider

5.1 Lawful conduct

The provider is obliged to act lawfully. In connection with the use of the MomentumChat App, the provider will particularly not

(a) store, post, offer, provide access to or advertise any content that violates the criminal, narcotics, drug or weapons laws of the Criminal Code or the Narcotics Act, Drug Act or Weapons Act.
(b) store, post, offer, provide access to or advertise any content that shows persons other than the provider, unless the provider has 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 shows minors, animals and/or objects that are generally associated with minors or animals.
(d) videos or prefabricated media to feign a live broadcast for the user.
(e) misrepresent facts or make false promises to the user. For example, pretending to be interested in private meetings with the user.
(f) make any changes to the computer code of the MomentumChat App.
(g) send, transmit, or store any viruses or malicious code through the MomentumChat App or while using the MomentumChat App.
(h) make unauthorized accesses to the MomentumChat App services.
(i) demonstrate behavior that violates applicable contractual provisions of third parties when using the app.

5.2 Dealing with personal data

Each Provider is obligated to treat all personal data that it receives in connection with the use of the MomentumChat App as confidential. The provider is prohibited from using personal data, which he has obtained in connection with the use of the services of the MomentumChat App, to contact users otherwise or to pass them on to third parties.

5.3 Advertising ban

The provider is obliged to omit all advertising measures via the MomentumChat App except for the advertising of its own offers at the respective web platform, which is accessed here.

In particular, the provider is prohibited from enticing other providers or users for separate, platform-independent own offers or offers of third parties. Enticement of users is understood to mean all conduct that draws users' attention to the provider's own services or third-party services that are not offered through the connected platforms. It does not matter whether it is only an attempt or a successful enticement.

5.4 Access blocking

In case of a violation of the obligations set out under section 5, campoint is entitled to immediately terminate the current chat connections and/or to block the access of the provider immediately.

5.5 Reservation of review

campoint reserves the right to ensure compliance with the aforementioned obligations by using relevant data protection regulations through the use of appropriate means.

5.6 Third-party beneficiary

The platform operator from which the MomentumChat App has been downloaded, is also entitled to enforce the provisions agreed upon here against the provider, as a third-party beneficiary of these GTC.

6.Indemnity

6.1 The provider guarantees to campoint that he/she has all rights to the content generated or made available in the chats, which are necessary to grant campoint the rights in this contract. The rights, whose availability the provider must guarantee, include in particular copyright and rights of use under personal rights.

6.2 If third parties, including governmental institutions, claim alleged rights to the services provided by the provider or their unlawfulness against campoint or the operators of the platforms connected by the MomentumChat App, the provider will indemnify the affected parties from these claims, provide the necessary support in the legal defense (to which the provider is entitled but not obligated), and indemnify them from the costs of the legal defense. The conditions for this are that the provider is informed immediately about asserted claims, that no concessions or acknowledgements or declarations equivalent to these are made and that the provider is enabled to conduct all judicial and extrajudicial negotiations about the claims at his own expense.

7. Liability of campoint

The liability in connection with the use of the MomentumChat App lies solely with campoint by the rules of this section 7 excluded in the following:

7.1 campoint is only liable for damages based on 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 through simple negligence, campoint is only liable if the damage was reasonably expected when the contract was concluded and limited to an amount of EUR 5,000.00. Cardinal obligations within the meaning of this section 7 are obligations the fulfillment of which enables the platforms to be offered properly and on the compliance of which the provider can regularly rely.

7.2 Subject to section 7.1, campoint is not liable for loss of data or changes to data, transmission errors, display errors, data delays, actions contrary to the terms of the agreement of the user, the unlawful use of content generated or provided by the provider within the framework of the chat, or for circumstances that fall within or caused by force majeure.

7.3 The aforementioned liability regulations apply equally for claims against employees and agents of campoint.

7.4 The limitations of liability in this section 7 do not apply to the extent that campoint is legally mandatory liability.

7.5 The provider is entitled to inform the operator of the platform through which he has loaded the MomentumChat App about possible malfunctions of the MomentumChat App. Maintenance and support services, as far as owed, are however exclusively provided by campoint.

8. Privacy Policy

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

9. Contract term and termination

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

9.2 The termination can be sent by email to support@momentumchat.app or in writing to campoint AG, Dr.-Hermann-Neubauer-Ring 32, 63500 Seligenstadt, Germany.

9.3 In case of deletion of the MomentumChat app by the provider campoint is not liable for the loss of data in connection with the deletion of the app.

9.4 After termination of the contract, the Provider is obliged to delete the MomentumChat App and all possibly existing copies of the MomentumChat App.

10. Final provisions

10.1 The agreement between campoint and the provider is subject to German law excluding the UN Convention on Contracts for the International Sale of Goods.

10.2 Place of performance and exclusive place of jurisdiction is, as far as legally permissible, Seligenstadt, Germany.

10.3 If any regulation of this contract is ineffective or unenforceable, the remaining regulations are not affected by this. campoint and the provider agree already by now to replace any invalid or unenforceable regulations with valid and enforceable regulations, that come as close as possible to the economic sense of the replaced regulation.

Seligenstadt, August 2021