General Terms and Conditions
for the provision of services by preplify UG (limited liability) i.G., Theodor-Francke-Str. 7, 12099 Berlin, Email: contact@preplify.de (hereinafter "Contractor") to its customers (hereinafter "Client")
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 Insofar as other contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these GTC, the provisions of these other contractual documents shall take precedence over these GTC in the event of conflict.
1.3 The Contractor does not recognize any GTC used by the Client that deviate from these terms and conditions: subject to express consent.
2. Subject Matter and Scope of Services
2.1 The Contractor provides the following services to the Client as an independent entrepreneur:
Preplify UG (limited liability) i.G. (hereinafter "Preplify") is a digital platform (application) to support personal crisis preparedness and resilience building. The platform provides users with structured digital content and tools with which they can independently plan, document and further develop their individual preparation for extraordinary situations.
Preplify offers in particular:
- digital self-assessments and structured risk and preparedness surveys,
- personalized tips, recommendations and tasks for individual preparation,
- interactive learning and information modules,
- checklists, reminder functions and documenting overviews,
- optional community and exchange functions,
- supplementary digital content such as micro-drills, routines and knowledge formats.
The content provided serves information, structuring and motivation purposes. It does not constitute legal, medical, psychological or security authority advice and does not replace individual professional advice or official instructions.
Preplify does not owe any specific success or actual coping with specific crisis or emergency situations. The responsibility for implementation, decisions and actions based on the content provided lies exclusively with the user.
The specific range of functions may vary depending on the product version, device, user status or further development of the platform. Preplify is entitled to continuously adapt, further develop or change content, functions and presentations, provided that the purpose of the contract is not significantly impaired.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible care and diligence in accordance with the latest standards, rules and findings.
2.4 The Contractor is obliged to provide the services owed under the contract. However, in carrying out his activities, he is not subject to any instructions regarding the type of provision of his services, the place of service provision or the time of service provision. However, when scheduling working days and allocating time on these days, he will determine these himself in such a way that optimal efficiency is achieved in his activities and in the realization of the subject matter of the contract. The Contractor's services are provided only in coordination and cooperation with the Client.
3. Client's Cooperation Obligations
It is the Client's responsibility to provide the information, data and other content to be made available for the purpose of fulfilling the service completely and correctly. The Contractor is in no way responsible to the Client for delays and delays in service provision that arise from late and necessary cooperation or assistance from the customer; the provisions under the heading "Liability/Indemnification" remain unaffected.
4. Remuneration
4.1 The remuneration is agreed individually.
4.2 The remuneration is payable after the services have been rendered. If the remuneration is measured by time periods, it is payable at the end of the individual time periods (§ 614 BGB). In the case of effort-based billing, the Contractor is entitled, subject to different agreements, to bill the services rendered monthly.
4.3 The Contractor shall issue an invoice to the Client by post or email (e.g. as PDF) after the services have been rendered. The remuneration is due for payment within 14 days of receipt of the invoice.
5. Liability / Indemnification
5.1 The Contractor is liable without limitation for any legal reason in the case of intent or gross negligence, intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise stipulated, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding sentence. Material contractual obligations are obligations that the contract imposes on the Contractor according to its content for the achievement of the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely. Otherwise, the Contractor's liability is excluded. The above liability provisions also apply with regard to the Contractor's liability for its vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any claims by third parties that are asserted against the Contractor due to violations by the customer of these contractual conditions or applicable law.
6. Contract Duration and Termination
6.1 The contract duration and the deadlines for ordinary termination are agreed individually by the parties.
6.2 The right of both parties to terminate without notice for good cause remains unaffected.
6.3 The Contractor must return or destroy all documents and other content provided to him immediately after termination of the contract at the customer's choice. The assertion of a right of retention is excluded. Electronic data must be completely deleted. Excluded from this are documents and data for which a longer statutory retention period exists, but only until the end of the respective retention period. The Contractor must confirm the deletion in writing to the company upon request.
7. Confidentiality and Data Protection
7.1 The Contractor will treat all matters that come to his attention in connection with the order as strictly confidential. The Contractor undertakes to impose the confidentiality obligation on all employees and/or third parties who have access to the contractual information. The confidentiality obligation applies indefinitely beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations in carrying out the order: in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.
8. Final Provisions
8.1 The law of the Federal Republic of Germany applies, excluding the CISG.
8.2 Should any provision of these GTC be or become invalid, the validity of the remaining GTC shall not be affected.
8.3 The Client will support the Contractor in the provision of his contractual services through appropriate cooperation, as required. In particular, the Client will provide the Contractor with the information and data required to fulfill the order.
8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree on the Contractor's registered office as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legislation, market conditions or business or corporate strategy) and in compliance with a reasonable period of notice. Existing customers will be notified of this by email no later than two weeks before the changes come into effect. If the existing customer does not object within the period set in the change notification, his consent to the change is deemed to have been given. If he objects, the changes will not come into effect; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the changes come into effect. The notification about the intended change to these GTC will refer to the deadline and the consequences of objection or failure to object.
9. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
EU Online Dispute Resolution Platform
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.
Our email address can be found in the heading of these GTC.