The following General Terms and Conditions govern the contractual relationship between Connou UG, Birkenhof 2, 720144 Dußlingen, Federal Republic of Germany, registered in the Commercial Register of the Stuttgart District Court under HRB 781948 (hereinafter referred to as "Connou") and the users who use Connou services (hereinafter referred to as "users") and define the conditions under which the use of Connou services takes place. By registering with Connou e.g.: at www.connou.app (hereinafter referred to as "website") and all domains referring to it as well as in the mobile apps for IOS and Android devices (hereinafter referred to as "mobile apps"), the user agrees to the terms and conditions listed below. Should the user not agree with the terms and conditions, the registration must be waived.
The terms and conditions listed here apply to the use of the website Connou and the mobile apps of Connou UG as well as to all websites of Connou UG that refer to these GTC. Deviating regulations and especially conditions of the user, which are in contradiction with the terms and conditions, require the explicit consent of Connou in text form.
a. True and accurate information, verification by Connou
(1). The user may use a pseudonym for the platform. If the user decides to post information (e.g. details or pictures) in his user account, these must be true and describe his personality accurately. In particular, information is inaccurate or untrue if the user is not recognizable on the posted information or if it shows a person other than the user.
(2). The user ensures that he can be reached at the email address provided during registration. The user shall keep the e-mail address deposited with Connou up to date and communicate with Connou via this address. The user shall write in the communication via e-mail, from the address deposited with Connou, in order to enable an assignment to a user account. If the user communicates from a different address or does not communicate by email, the user shall make arrangements to be able to confirm the authorization to communicate with Connou from that address. Delays due to lack of information from the user will be at his expense.
(3). The user undertakes to provide only his own data (incl. e-mail address) and not that of any other person. In particular, he undertakes not to fraudulently provide the bank details or credit card details of third parties.
(4). Connou may have the accuracy of the information provided by the user verified, if necessary, to ensure the identity of users and the functioning of the platform. The user will prove his identity or verify himself upon request by Connou. In case of refusal or non-verification, Connou is entitled to extraordinary termination without notice.
b. Conduct of the user and user content, granting of rights of use
(1). The user is obliged to behave on the Connou platform according to our content and behavior policy. Any behavior that is racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorifying violence or otherwise unlawful is prohibited.
(2). The user grants Connou free, non-exclusive, transferable, sub-licensable rights (hereinafter "right of use") to all content generated, transmitted, stored or published by him/her on the Connou platform (e.g. images, texts, comments, live video content) (hereinafter "user content"), unlimited in time, space and content, to use and exploit user content also with the aim of commercial marketing.
(3). The user is solely responsible for his user content. The user is obliged to ensure that his user content is not racist, offensive, discriminatory, harassing, defamatory, sexual, pornographic, glorifying violence or otherwise illegal. This duty is made more specific by the Content and Conduct Policy. Connou is entitled, but not obliged, to delete or terminate User Content that violates these rules and to temporarily block the user account of the responsible user or to terminate the contractual relationship.
(4). The right of use includes the right to commercial and non-commercial use, including all currently unknown but future known forms of use. In particular, the right granted includes the right to copy, distribute and exhibit, the right to public reproduction, including the right to lecture, perform and demonstrate, the right to make available to the public, the streaming right, the right to reproduction by means of image or sound carriers as well as the right to make available to the public (in particular via the Internet) and reproduction as well as all rights of the database producer pursuant to Section 87 b UrhG, including the right to copy, distribute or reproduce to the public and in particular the right to include in database works. The granting of rights includes in particular the unlimited right to make the content designed by the user, in particular videos, graphics and texts, publicly accessible on the Connou website or in search engines and social media and to use it for advertising measures of any kind, as well as the right to edit and redesign. When using the content outside of the apps of Connou UG or the Connou platform, the user has the right to be named as the author, in the form of the naming of his profile name stored in the user account and the reference to the Connou platform. In case of use in the apps of Connou UG or on the Connou platform, the naming as author takes place within the scope of the usual manner for the platform.
(5). The user assures and vouches that he is authorized to grant the right of use in this form to his user content and that he can freely dispose of it in the contractual form. In the event that the user becomes aware of the existence of third party rights, the user shall immediately notify Connou thereof. The user hereby indemnifies Connou against any claims of third parties in this context and reimburses the reasonable costs of legal defence.
c. Duties as a streamer
(1). If the user uses the app or Connou platform as a streamer, he is obliged to take all reasonable measures during his broadcasts to ensure that the rules for the use of the live chat by his viewers and guest streamers are observed during his broadcasts. The streamer is obliged to ensure that he has obtained all necessary rights, licenses and permissions before broadcasting.
(2). The streamer will not deceive about his location. The streamer will direct his broadcast only to the country in which he has his habitual residence.
d. Free use against provision of data
e. Private or commercial use
The use of the Connou platform outside of the live video function and the "LIVE by Connou app" is only permitted for private purposes. The live video function and the "LIVE by Connou App" may be used commercially, provided that the streamer has notified Connou of his commercial activity and Connou has agreed to the use. Connou may make the commercial use dependent on further conditions. In case of unauthorized commercial use, Connou may terminate the user account extraordinarily and without notice.
f. User messages
The user will not send any private messages that are racist, insulting, discriminatory, harassing, defamatory, sexual, pornographic, glorify violence or otherwise unlawful. This duty is made more specific by the Content and Conduct Policy. Connou may check the User Messages for suspicion of SPAM for the purposes of the SPAM filter used by Connou and use them to train the SPAM filter.
(1). The user sets access data, his e-mail address and a password for his account. The user must choose a secure password and not recycle the password with another service.
(2). The user is liable for all actions taken with his user profile. These access data may not be passed on to third parties, including spouses, life partners, relatives, friends, etc.. The access data must be kept protected from access by third parties. Insofar as there is reason to suspect that third parties have gained knowledge, the access data must be changed immediately and the possible misuse must be reported to Connou without delay.
(3). It is the user's responsibility to make regular backups of his data.
(4). Connou cannot verify all of the information provided by other users due to the volume of information provided by other users and the inability to identify individuals on the Internet. Even if a user is marked as verified, this does not mean that Connou has checked all the information provided by this person or that this information is correct. It is the user's responsibility to verify the information provided by another user before interacting with that user in the form of a chat conversation, meeting outside the Connou platform or in any other way.
(1). The user may not use his user account to send messages containing malware, phishing, SPAM or junk mail (e.g. unsolicited bulk messages, chain letters, unsolicited commercial messages) or to prepare illegal actions (such as for fraud or extortion).
(2). The user may not provide or use his user account for credit farming. He may not participate in credit farming. Credit farming occurs when the user creates or uses user accounts alone or with other users in order to collect free credits in a businesslike manner. Credit farming also occurs when Free Credits are obtained through manipulation, deception or exploitation of programming errors.
a. Connou may irrevocably remove User Content that violates the Content and Conduct Policy. There is no entitlement to the restoration of the information deleted by Connou. Connou may report User Content that violates criminal law to law enforcement authorities.
b. If the user violates these terms and conditions or the content and conduct policy, Connou may, depending on the severity of the violation:
c. In determining the gravity of the infringement, Connou
e. If the user commits criminal offences with his user account, Connou is entitled to terminate the user account extraordinarily and without notice without warning for good cause.
f. If Connou terminates the user account for a reason for which the user is responsible, the user must compensate the damage incurred.
g. A user who through the Connou platform
In the event of intentional or negligent breach of its obligations, the user is obliged to compensate Connou or Connou's legal representatives or agents for any damage incurred.
a. Liability on the part of Connou - irrespective of the legal grounds - only occurs if the damage is
b. Claims for damages under the Product Liability Act and for damages arising from injury to life, limb or health shall remain unaffected by the above limitations of liability.
c. Connou is only liable for the loss of data and programs and their recovery to the extent that this loss could not have been avoided through reasonable precautionary measures, in particular the daily creation of backup copies of all data and programs.
d. Connou is not liable for content of other users, which was not posted by Connou on the platform, unless Connou had knowledge of the illegality of the content.
e. These limitations of liability in favour of Connou also apply to legal representatives and vicarious agents of Connou.
The EU Commission provides a platform for online dispute resolution (ODR platform). This can be found here:https://www.ec.europa.eu/consumers/odr. Connou is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
a. The contractual agreements of the contractual partners are subject to the law of the Federal Republic of Germany.
b. Arbitration clause for non-consumers
(2). The arbitral tribunal shall consist of a sole arbitrator.
(3). The place of arbitration is Stuttgart.
(4). The language of the case shall be German.
c. Special provisions for users outside Germany
a. Unless otherwise stipulated in these General Terms and Conditions, amendments to the contract, supplements and ancillary agreements must be made in text form by both parties in order to be effective. The text form requirement also applies to the waiver of this text form requirement.
b. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete. In the event of discrepancies between different language versions, the German version shall prevail
If the user is resident in a country of the European Union, the following right of withdrawal for consumers applies to a use of Connou in the context of the conclusion of paid subscriptions as well as the purchase of credits:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Connou UG, Birkenhof 2, 72144 Dußlingen, Germany, Email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
If you want to cancel the contract, please fill out this form and send it back to us. To: Connou UG, Birkenhof 2, 72144, Dußlingen, Germany; Email: email@example.com I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods of the following goods (*)/provision of the following service (*) Ordered on (*)/ received on (*): __________________________ Name of consumer(s): __________________________ Address of consumer(s): __________________________ ______________________________________________________________ Signature of the consumer(s) Place, date (only in case of communication on paper) (*) Delete as applicable.