Terms of Use for swipecor

Preamble

Swipecor is a digitally enabled, business-oriented networking and matching platform. In particular, it enables Users and Companies to create business profiles and digital presentation areas, discover relevant contacts, offers and events, communicate with one another and use other digital functions. The intended functions include, in particular, AI-supported matching through "swAIper", digital company areas ("Spaces"), thematic or industry-specific areas ("Malls"), and digital events and livestreams ("Stages").

These Terms of Use form the general contractual framework for the use of Swipecor. Supplementary rules and special terms apply to individual functions and services.

1. Operator, Scope and Definitions

1.1 Operator

The operator of the Platform is Swipecor GmbH, Gewerbering 38a, 91341 Röttenbach, Germany, registered in the commercial register of the Fürth Local Court under HRB 22708, represented by its managing director Bernhard Schindler (hereinafter "Swipecor").

1.2 Scope

These Terms of Use apply to the registration for and use of the platform made available by Swipecor through mobile apps, websites, desktop applications and other access options (the "Platform").

1.3 Exclusive B2B Use

The Platform is intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law, as well as natural persons who use the Platform in the exercise of their commercial, self-employed professional or official activities or on behalf of such a Company. Consumers within the meaning of Section 13 BGB are not entitled to register for or use the Platform.

1.4 Users and Companies

A "User" is any natural person who accesses the Platform through a personal user account. A "Company" is the organisation to which a User is assigned on the Platform or for which the User manages a company profile, a Space or other areas of the Platform.

1.5 User Content

"User Content" is all content and information that Users or Companies upload to, transmit on or make accessible through the Platform, in particular profile information, company information, texts, images, logos, trademarks, videos, reels, presentations, chat posts, live content, offers and other files.

2. Registration and Conclusion of the Contract

2.1 Registration

Use of functions requiring registration is subject to the creation of a user account. During registration, all information marked as mandatory must be provided in full and accurately.

2.2 Acceptance of the Terms of Use

Before completing registration, the User must actively accept these Terms of Use and the Community and Content Rules. The documents can be accessed and saved before consent is given.

2.3 Formation of the User Agreement

Submitting the registration constitutes an offer by the User to conclude a user agreement. The user agreement is concluded when Swipecor confirms the registration or activates the user account. There is no entitlement to registration or activation.

2.4 Confirmation of Contract

Swipecor will provide the User with the version of these Terms of Use and the incorporated rules that is relevant to the contract in a form that can be stored permanently or through an area that can be accessed permanently.

2.5 No Blanket Data Protection Opt-In

Acceptance of these Terms of Use does not constitute consent to data processing for which separate consent under data protection law is required. Information on the processing of personal data is contained in the Privacy Policy. Any required consents will be obtained separately and in relation to the respective purpose.

3. User Groups, Minimum Age and B2B Orientation

3.1 Minimum Age

Users must be at least 18 years old and have full legal capacity.

3.2 Business Use

The User may use the Platform only for business or professional purposes. By registering, the User confirms that they are not acting as a consumer.

3.3 Evidence

Swipecor may request reasonable evidence of age, identity, entrepreneur status, employment, position or affiliation with a Company, insofar as this is necessary for verification, fraud prevention or compliance with legal obligations.

3.4 Ineligible Users

Persons and organisations whose use would violate applicable law, official orders, sanctions regulations or the Community and Content Rules are excluded from use in particular.

4. Authority to Represent and Company Accounts

4.1 Acting for a Company

Anyone who creates, claims or manages a company profile or makes declarations on behalf of a Company warrants that they are authorised to do so. Evidence of such authority must be provided upon request.

4.2 Assignment of Users

Where the relevant function is offered, Companies may assign multiple Users to a company profile and grant them different roles and permissions. The Company is responsible for keeping permissions up to date and adjusting them without undue delay when a User leaves or changes responsibilities.

4.3 Administrators

Administrators may, within the scope of the permissions granted, manage Users, edit company information and use Platform functions for the Company. They may not pass on their access rights without authorisation.

4.4 Disputes Concerning Company Profiles

If there are doubts about authority or multiple competing claims of authority, Swipecor may temporarily restrict the management of a company profile and request suitable evidence. Swipecor will decide on the provisional assignment on the basis of the documents submitted; the rights of the parties outside the Platform remain unaffected.

4.5 Company's Responsibility

Where Users act for a Company, the Company must ensure that the Users it deploys comply with these Terms of Use and the supplementary rules. Acts of an authorised User are attributed to the Company within the scope of that User's authority to represent it.

5. Verification

5.1 Verification Procedure

Swipecor may verify Users and Companies by automated or manual means or with the involvement of suitable service providers. This may include requesting confirmation of business contact details, register information, domains, company documents or other suitable evidence.

5.2 Duties to Cooperate

Users and Companies must provide the information required for verification truthfully and provide requested evidence within a reasonable period.

5.3 Significance of Verification

Successful verification only confirms that certain information or evidence has been checked according to the procedure used in each case. It does not constitute a guarantee of the creditworthiness, financial capacity, good faith, reliability or lawfulness of the offers of a User or Company.

5.4 Missing or Unsuccessful Verification

Swipecor may make registration, activation or use of individual functions conditional on successful verification. If evidence is missing, contradictory or insufficient, functions may be restricted, verification labels removed or accounts temporarily suspended.

6. Account and Profile Obligations

6.1 Accuracy and Currency

Users must keep their account, profile and company information complete, accurate and up to date. Changes that are material to the entitlement to use the Platform or the User's affiliation with a Company must be updated without undue delay.

6.2 Personal User Account

User accounts are personal and may not be transferred, sold, rented out or made available for use by third parties without Swipecor's consent.

6.3 Protection of Access Credentials

Access credentials must be kept confidential and protected from access by third parties. Users must inform Swipecor without undue delay if they suspect unauthorised access or other misuse.

6.4 Multiple Accounts and Circumvention

Multiple accounts are prohibited insofar as they are used to deceive, manipulate, circumvent a suspension, misuse benefits or influence reach, rankings or matching results.

6.5 Account Security

Swipecor may require reasonable security measures, in particular multi-factor authentication or renewed identity verification, if this is necessary to protect the account or the Platform.

7. Platform Functions

7.1 General

Depending on the product version, tariff, device, region and availability, Swipecor provides different Platform functions. Product descriptions, presentations, roadmaps or advance announcements do not give rise to any claim to the introduction or continued provision of a particular function.

7.2 Profiles and Company Areas

Users and Companies may create business profiles and, where offered, digital presentation areas. They are responsible for the accuracy, lawfulness and currency of the information and content published there.

7.3 Active Matching

Swipecor may suggest contacts, Companies, offers, Spaces, Malls, Stages or other content to Users. If a User indicates interest in a suggestion by a positive swipe or a comparable clear action, Swipecor may display or transmit the resulting indication of interest and the profile or contact details intended for contacting the selected User or Company. Details of data processing are set out in the Privacy Policy.

7.4 No Guarantee of Success

Matches, recommendations, rankings, reach information and other suggestions are based on the data, settings and technical processes available in each case. Swipecor does not owe any particular number or quality of matches, nor the establishment of contacts, negotiations, contracts, sales or other business success.

7.5 Independent Review

Unless expressly stated otherwise, Swipecor does not review the financial capacity, professional suitability, creditworthiness, authority to represent, good faith or lawfulness of all Users, Companies and offers. Users must independently review potential business partners, offers and contractual terms.

7.6 Communication

The Platform may provide chat, video, scheduling and other communication functions. Users are responsible for the content, addressing and permissibility of their communications. Unauthorised advertising, spam and other abusive contact are prohibited.

7.7 Spaces and Malls

Spaces are used in particular for the digital presentation of Companies, brands, products or services. Malls may bring together Spaces and other content according to topics, industries or other criteria. The Community and Content Rules and, where applicable, special terms apply in addition to content and conduct in Spaces and Malls.

7.8 Stages, Livestreams and Events

Stages enable digital events, presentations, discussions or livestreams. Their creation, organisation, participation and, where applicable, recording are additionally subject to the Community and Content Rules and special terms for organisers, speakers, recording or booking.

7.9 Passive Signals and Optional Functions

Swipecor may offer optional functions through which certain activities – such as visits to profiles, Spaces or Stages – are taken into account as signals of interest or visibility or displayed to other Users. If such functions are not required to provide the agreed core service or require separate consent, they will be offered in accordance with the respective User, visibility and data protection settings. Acceptance of these Terms of Use does not replace any consent required for this purpose.

7.10 AI Functions

Swipecor may use artificial intelligence in particular for matching, ranking, search, personalisation, assistance, moderation support and content creation. The swAIper and AI Rules apply in addition to swAIper and other AI functions. Where Users interact directly with an AI system, this will be indicated in the respective user interface.

7.11 Third-Party Services and External Links

The Platform may contain third-party content, integrations, payment services or links. Third-party services may be subject to their own terms. Unless Swipecor expressly becomes a contracting party to the third-party service itself, a contract for the third-party service is concluded exclusively between the User or Company and the relevant third party.

8. User Content and Rights of Use

8.1 Responsibility for User Content

The User or Company is responsible for the User Content it provides. Before publication, it must check that the content is lawful, complies with the Community and Content Rules and does not infringe third-party rights.

8.2 Rights Required

The User warrants that it has all rights, licences, consents and approvals required for use on the Platform. This applies in particular to copyright, trademark, design, name, personality, image, sound, music, database and trade secret rights.

8.3 Grant of Rights to Swipecor

For the duration of their provision, the User grants Swipecor a non-exclusive, worldwide, transferable and sublicensable right, to the extent required for operation of the Platform, to technically reproduce, store, host, transmit, make publicly accessible, display, format and technically adapt the User Content for different devices or forms of presentation.

8.4 Internal Platform Distribution and Recommendations

The grant of rights also includes the internal display, discoverability, recommendation and linking of User Content in feeds, search results, matches, Spaces, Malls and comparable functions, insofar as this corresponds to the settings selected by the User and the apparent purpose of publication.

8.5 Advertising for Swipecor

User Content will be used in external advertising for Swipecor only where a separate authorisation exists or the User has consented on a case-by-case basis. The use of publicly provided company names and logos to identify participation in the Platform in an objective manner remains unaffected, insofar as legally permissible and not misleading.

8.6 End of Grant of Rights

The grant of rights generally ends when the User deletes the relevant content or closes their account. Uses already made, technically required backup copies, statutory retention obligations and the rights of other Users in content lawfully shared or adopted remain unaffected.

8.7 Feedback

If a User voluntarily provides Swipecor with ideas, suggestions or feedback on the Platform, Swipecor may use this information free of charge to review and further develop the Platform. Confidential information and protectable development work are covered only if expressly agreed.

9. General User Obligations

9.1 Lawful and Business Use

Users may use the Platform only lawfully, for business purposes and in compliance with these Terms of Use and the supplementary rules.

9.2 Prohibited Use

In particular, Users are prohibited from:

1. pretending to have false identities, positions, qualifications, affiliations with Companies or authorisations;
2. providing unlawful, misleading, discriminatory, insulting, threatening or otherwise impermissible content under the Community and Content Rules;
3. infringing third-party rights, in particular intellectual property rights, personality rights, data protection rights or trade secrets;
4. using malware, malicious code or technical attacks;
5. circumventing security, access, usage or volume restrictions;
6. automatically reading, scraping, copying or systematically evaluating data or content, unless expressly permitted by Swipecor or a provided API;
7. impairing the Platform or its Users through spam, unauthorised advertising, phishing, fraud or other abusive contact;
8. manipulating matching, ranking, rating, verification, coin or reach systems;
9. disclosing access credentials or non-public Platform data without authorisation;
10. using the Platform for transactions that are prohibited by law, sanctioned or not authorised.

9.3 Confidential Information

Users may only upload or transmit confidential information, personal data or trade secrets of third parties if they are authorised to do so and the relevant function is intended for this purpose.

9.4 External Contact

Contact details and leads provided through Swipecor may be used only for the recognisable business purpose and in compliance with applicable data protection, competition and telecommunications law. The provision of a contact by Swipecor does not replace any consent that may be required for advertising contact outside the Platform.

10. Supplementary Rules and Order of Precedence

10.1 Community and Content Rules

For content, communication and conduct on the Platform, the Community and Content Rules in their respective incorporated version apply in addition. They form part of the user agreement.

10.2 swAIper and AI Rules

The swAIper and AI Rules apply in addition to the use of swAIper and other AI functions. Where they primarily contain transparency information, that information will also be provided at an appropriate place in the user interface.

10.3 Special Terms

Certain functions or paid services may be subject to special terms, in particular SwipeCoin Terms, Terms for Paid Services and Subscriptions, Advertising and Sponsorship Terms, as well as Organiser and Speaker Terms. They are incorporated before the first use or booking of the relevant function.

10.4 Order of Precedence

In the event of conflicts, special terms for the relevant function take precedence over these general Terms of Use. Otherwise, the documents apply alongside one another. Individual agreements between Swipecor and the respective User or Company take precedence.

10.5 Legal Notices and Consents

Context-specific notices, data protection information, consents and product settings do not become part of the user agreement merely because they are made available in the Legal & Trust Center. Where separate consent or approval is required, it will be obtained at the relevant point.

11. Moderation, Reports and Complaints

11.1 Moderation

Swipecor may review and moderate User Content and activities in accordance with applicable law, these Terms of Use and the Community and Content Rules. Automated tools, algorithmic processes and human reviews may be used for this purpose.

11.2 No General Monitoring Obligation

Swipecor is not obliged to generally monitor all User Content transmitted or stored or to actively investigate circumstances indicating unlawful activity. Statutory duties to review and act in individual cases remain unaffected.

11.3 Possible Measures

In the event of a suspected or established violation, Swipecor may, taking into account the type, severity, frequency, impact and culpability, in particular:

1. warn the User or request remedial action;
2. label content or restrict its discoverability or reach;
3. temporarily block or remove content;
4. restrict individual functions or contact;
5. withdraw verification labels;
6. temporarily or permanently suspend user accounts;
7. terminate the user agreement ordinarily or extraordinarily;
8. take any other measures required by law or reasonable.

11.4 Immediate Measures

In the event of obvious illegality, significant security risks, suspected fraud, danger to other Users, repeated violations or official or court orders, Swipecor may take measures without a prior hearing. Where possible and legally permissible, the affected User will subsequently be given an opportunity to comment.

11.5 Reporting Content

Users and third parties may report suspected unlawful content and violations through the reporting functions provided for this purpose. Reports should clearly identify the content concerned and explain the grounds for the complaint in a comprehensible manner.

11.6 Reasons for Decisions

Where required by law, Swipecor will inform affected Users of restrictions and their material reasons, including the contractual or statutory basis relied upon and the available legal remedies. Legally permissible exceptions, in particular to protect investigations, security and third-party rights, remain unaffected.

11.7 Complaints

Users may challenge certain moderation decisions within the period specified in the Legal & Trust Center or the decision notice by means of the designated complaints procedure. Complaints will be reviewed carefully, promptly and, where legally required, generally not exclusively by automated means.

11.8 Abusive Reports and Complaints

Following a prior warning, Swipecor may suspend or restrict the processing of reports or complaints if a User or reporter repeatedly submits them in an obviously unfounded or abusive manner. The same applies to Users who repeatedly provide content that is obviously unlawful, subject to statutory requirements.

11.9 Authorities and Rights Holders

Swipecor cooperates with competent authorities and courts to the extent required by law. Personal data or other information will be disclosed only in accordance with applicable law.

12. Paid Services

12.1 General

Swipecor may offer free and paid functions, tariffs, subscriptions, bookings and digital add-on services. Before a paid order is placed, the scope of services, price, billing period and other material terms will be displayed in particular.

12.2 Separate Conclusion of Contract

A contract for a paid service is concluded only through the booking or ordering process provided for this purpose and the subsequent confirmation or activation by Swipecor.

12.3 Special Terms

The special terms incorporated in the booking process apply in addition to paid services. In the event of conflicts, these terms take precedence for the relevant service.

12.4 Payment Processing

Payments may be processed through external payment service providers or app stores. Depending on the payment method, the terms of the relevant payment service provider or app store operator may also apply. Swipecor will inform the User of the available payment methods during the ordering process.

12.5 SwipeCoins

If SwipeCoins are offered, the separate SwipeCoin Terms apply exclusively to their acquisition, crediting, use, transferability, expiry, reversal and other conditions. General registration alone does not entitle the User to acquire SwipeCoins for payment or to use them in any particular way.

12.6 Taxes and Invoices

Prices are exclusive of statutory taxes due unless they are expressly stated to be gross prices. Users and Companies are responsible for the accuracy of their billing and tax information.

12.7 Default in Payment

In the event of default in payment or failed payment processing, Swipecor may, after giving reasonable notice, restrict access to the affected paid service until payment has been made in full. Further rights remain unaffected.

13. Availability and Further Development

13.1 No Uninterrupted Availability

Swipecor endeavours to ensure high availability of the Platform. However, uninterrupted, error-free or identical availability for all devices is not owed unless a specific service level has been expressly agreed.

13.2 Maintenance and Disruptions

Temporary restrictions may arise in particular due to maintenance, security measures, technical disruptions, force majeure, disruptions affecting telecommunications, cloud, AI, streaming or payment service providers, or other circumstances outside Swipecor's reasonable sphere of control.

13.3 Further Development

Swipecor may further develop the Platform and individual functions, adapt them to technical or legal requirements and make reasonable changes, provided that the essential contractual possibilities of use are not withdrawn without objective justification.

13.4 Changes to or Discontinuation of Functions

Swipecor may change, restrict or discontinue individual free functions for an objective reason, in particular for security, legal, anti-abuse, technological, provider-related or economic reasons. In the event of material adverse changes, Swipecor will, where possible, inform affected Users in good time in advance.

13.5 Paid Services

The special terms agreed for changes to or discontinuation of paid services and statutory provisions take precedence.

14. Term, Termination and Suspension

14.1 Contract Term

The general user agreement is concluded for an indefinite period.

14.2 Ordinary Termination by the User

The User may terminate the general user agreement at any time through the account function provided for this purpose or in text form, unless a separate term for paid services precludes this. Termination of the general user agreement does not automatically terminate contracts already concluded separately, insofar as their continuation is technically and legally possible; the relevant special terms remain decisive.

14.3 Ordinary Termination by Swipecor

Swipecor may terminate the general user agreement in text form with 30 days' notice. The right to suspend or terminate extraordinarily remains unaffected.

14.4 Extraordinary Termination

Both parties may terminate the contract for good cause without notice. Good cause for Swipecor exists in particular if the User:

1. provides materially false information during registration or verification;
2. materially or repeatedly violates these Terms of Use or supplementary rules despite a warning;
3. uses the Platform for unlawful, fraudulent or security-endangering purposes;
4. materially infringes third-party rights;
5. circumvents a suspension or restriction of use;
6. fails to pay due fees despite a reminder;
7. makes further performance of the contract unreasonable for Swipecor due to statutory requirements, an official order or significant security risks.

A prior warning is not required if it offers no prospect of success, the violation is particularly serious or immediate action is required by law or to protect others.

14.5 Consequences of Termination

When termination takes effect, the right to use the account ends. Content may be exported or deleted before termination in accordance with the account functions. Statutory retention obligations, required evidence, outstanding payment claims, moderation documentation and third-party rights remain unaffected.

14.6 Backing Up Own Data

Users are responsible for backing up required content and business data in good time, insofar as the Platform provides an export option and no statutory rights to surrender data exist.

15. Liability and Indemnification

15.1 Unlimited Liability

Swipecor is liable without limitation in cases of intent and gross negligence, culpable injury to life, body or health, under the German Product Liability Act, in the event of an assumed guarantee and in all other cases of mandatory statutory liability.

15.2 Slightly Negligent Breach of Material Contractual Obligations

In the event of a slightly negligent breach of a material contractual obligation, Swipecor's liability is limited to the foreseeable, typical damage at the time the contract was concluded. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract and on whose compliance the User may regularly rely.

15.3 Other Slight Negligence

In all other respects, Swipecor's liability for slight negligence is excluded.

15.4 Platform Contacts and Third-Party Transactions

Swipecor is not liable for declarations, content, services, products, breaches of contract or other conduct of other Users or third parties. This applies in particular to contracts, negotiations and business initiations resulting from a match or contact. Swipecor's statutory liability for its own breaches of duty remains unaffected.

15.5 AI, Matches and Recommendations

Swipecor gives no warranty as to the completeness, accuracy, currency or commercial suitability of AI-generated results, matches, rankings and recommendations. The liability provisions of this section remain decisive; mandatory statutory obligations remain unaffected.

15.6 Data Loss

In the event of data loss caused by slight negligence, Swipecor is liable only for the damage that would also have occurred if the User had carried out reasonable and regular data backups, insofar as backup by Swipecor was possible and reasonable given the nature of the Platform function.

15.7 Vicarious Agents

The above limitations of liability apply accordingly for the benefit of Swipecor's legal representatives, employees and vicarious agents.

15.8 Indemnification

The User or Company shall indemnify Swipecor against justified claims by third parties based on a breach of these Terms of Use, supplementary rules or third-party rights for which the User is responsible. The indemnity covers the necessary and reasonable costs of legal defence. Swipecor will inform the User of asserted claims and, insofar as reasonable, give the User the opportunity to participate in the defence. No acknowledgements of liability or settlements to the detriment of the User will be concluded without the User's consent, unless this is necessary to mitigate the damage and reasonable for the User.

16. Amendments to the Terms of Use

16.1 Reasons for Amendments

Swipecor may amend these Terms of Use with effect for the future if there is an objective reason for doing so, in particular due to changes in applicable law or case law, official requirements, security risks, technological developments, new or modified Platform functions or necessary clarifications.

16.2 Limits of the Right to Amend

Amendments may not unreasonably shift the contractual balance to the detriment of Users. Material primary obligations and payment claims that have already arisen will not be fundamentally changed solely on the basis of this amendment clause.

16.3 Information

Swipecor will inform affected Users in text form or by means of a permanent notice in the Platform of the amendments within a reasonable period before the intended effective date and will make the new version available for access.

16.4 Consent

If an amendment cannot be effectively made unilaterally or express consent is required by law or contract, Swipecor will obtain such consent before the amendment takes effect. If the required consent is not given, use of the function affected by the amendment may be restricted; the right of both parties to terminate remains unaffected.

16.5 Separate Consents

Changes to data protection consents or optional product settings are not governed by this clause. Any new or amended consents required will be obtained separately.

17. Final Provisions

17.1 Electronic Communication

Contractual notices may be sent in text form to the email address stored in the account or through a permanent mailbox within the Platform. Users must keep their contact details up to date.

17.2 Transfer by the User

The User may transfer rights and obligations under the user agreement to third parties only with Swipecor's prior consent. Section 354a of the German Commercial Code (HGB) remains unaffected.

17.3 Transfer by Swipecor

Swipecor may transfer the contract to an affiliated company or legal successor, provided that this does not adversely affect the User's legitimate interests. The User will be informed in good time. Consent will be obtained where required by law.

17.4 Set-Off and Right of Retention

The User may set off only with undisputed claims or claims established by a final and binding judgment. A right of retention may be exercised only in respect of claims arising from the same contractual relationship. Mandatory statutory rights remain unaffected.

17.5 Governing Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

17.6 Place of Jurisdiction

If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Swipecor's registered office. Swipecor remains entitled to sue the User at the User's general place of jurisdiction.

17.7 Contract Language

The contract language is German. If translations are provided, the German version is the authoritative contractual version, insofar as legally permissible and unless expressly agreed otherwise.

17.8 Severability Clause

If individual provisions of these Terms of Use are or become wholly or partly invalid, the validity of the remaining provisions will remain unaffected. The invalid provision will be replaced by the statutory provisions.