§ 1 Scope, Definitions
(1) For the business relationship between the company NGObrowser GmbH, Don-Bosco-Str. 4, 92224 Amberg, Bavaria, Germany (hereinafter referred to as the 'Provider') and the User (hereinafter referred to as 'User'), the following terms and conditions apply exclusively in their version valid at the time of registration. The provider does not accept any deviating terms and conditions of the user, unless the provider agrees to their validity in writing.
(2) The user is a consumer within the meaning of § 13 BGB, as far as the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or independent professional activity. According to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of their commercial or independent professional activity.
(3) 'User' is the legal entity that has registered on the platform www.ngobrowser.org (hereinafter: 'Platform'). 'Visitors' are natural or legal persons who visit the platform without registering.
§ 2 Use of the platform
(1) Use and registration on the platform is free. However, the provider is entitled to a share in the profit generated by the browser extension and personalized search page offered to the user (see §4).
(2) The provider may limit or extend the functionality of the platform without the consent of the user or visitor.
(3) Registration on the platform is aimed at non-profit organizations, associations and companies. The provider reserves the right to verify the charitable purpose of a benefit. Anti-constitutional or right-wing organizations are excluded from use.
§ 3 Services of the provider
(1) After successful registration, the provider provides the user with an individually tailored browser extension in the form of an HTML widget and a search engine page customized for the user.
(2) The provider offers the user customer support during normal business hours. The user has access to a personal dashboard that allows the user to manage their data and view statistics.
§ 4 Distribution of income / donations
(1) Search queries directed to Microsoft's search engine provider Bing generate revenue that Microsoft pays out to the provider.
(2) The provider is entitled to 40% of the donations / receipts generated by the use of the browser extension and personalized search page. The remaining 60% will be voluntarily donated by the provider to the respective users.
(3) The user's claim to the revenue shall be cancelled if the user breaches the Terms & Conditions, or if Microsoft refuses or demands payment back to the provider. The provider is also entitled in these cases to recover payments already made or to offset against the credit balance of the user.
§ 5 Payments
(1) After registration, the first payment to the user takes place after 60 days. Thereafter, the payment is made monthly, in each case within 10 working days after the end of a month for the previous month.
(2) The provider is entitled to provide a minimum amount for the payment. This minimum amount is displayed to the user on his dashboard on the platform.
(3) The payment will be made to the account specified by the user. Should it come due to the fault of the user to a misdirected payout, the user bears the resulting costs.
§ 6 Obligations of Users
(1) The user assures that the content or uploaded images submitted do not infringe on applicable state and federal law (e.g.: no right-wing extremist, anti-constitutional, violent, defamatory, extremist, child pornographic content) and do not infringe on any third-party rights (especially copyrights and trademark rights). A legal examination or assumption of liability by the provider does not take place. It is the responsibility of the user to ensure that their content is lawful and does not violate any third-party rights. If the provider in this regard is claimed by third parties, the user indemnifies the provider from any claims.
(2) The user assures that they have checked the files uploaded to the website for viruses and malware. According to the statutory provisions, the user is liable if the provider is damaged due to a virus attack.
(3) The user commits to provide only accurate and truthful information, and to notify changes to the provider without delay, insofar as this is possible and reasonable.
(4) The user undertakes not to influence the making of donations / revenues by deception, threat or manipulation (e.g.: bots).
(5) The user undertakes to provide the provider with donation certificates.
§ 7 Blocking / deletion of the account
(1) The provider reserves the right to temporarily or permanently block the account of a user and to remove or not publish the contents of the user if the user violates the obligations under § 3, or otherwise behaves contrary to duty.
(2) If the user requests the deletion of user’s account, there is no claim to the restoration of previous data by the provider. The deletion cannot be undone.
§ 8 Termination of the user relationship
Either party may terminate the usage relationship at any time without stating reasons. The remaining balance will be paid.
§ 9 Rights of use
(1) The user grants to the provider the toll-free, unlimited, irrevocable and non-exclusive right to the duration of the use relationship, the information and data transmitted by the user (in whole or in part) including its contents (e.g.: pictures) for worldwide use to reproduce, modify, adapt, publish, translate, process, distribute, perform and present.
(2) The copyright to the content made available to the user remains with the provider. The provider grants the user a non-exclusive, free of charge, right of use limited to the existence of the user relationship. The user is not authorized to make changes to the code of the HTML widget without the consent of the provider.
§ 10 Liability of the provider
(1) Claims of the user for damages are excluded. This does not apply to claims for damages by the user resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as the liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall be liable only for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the user resulting from injury to life, body or health.
(3) The provider is not liable for the accessibility of the platform, for programming errors in the content made available to the user or for refusal of Microsoft regarding the payment of the revenue.
(4) The limitations of paragraphs 1 to 3 shall also apply to the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(5) The limitations of liability resulting from paragraphs 1 to 3 shall not apply if the provider has fraudulently concealed the defect or provided a guarantee for the quality of the goods. The same applies if the provider and the user have made an agreement on the nature of the thing.
§ 11 Privacy
(1) The user agrees to the storage of personal data in the context of the legal relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the DSGVO. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the user relationship or a consent exists.
(2) Insofar as the user transmits personal data from third parties, the user assures that the consent of the third party has been obtained. The user indemnifies the provider from any claims of third parties in this regard.
(3) The rights of the user or the person concerned by the data processing are derived from the following standards of the GDPR:
(4) In order to exercise the rights, the user or the person concerned is requested to contact the provider by e-mail or, in the case of a complaint, the responsible supervisory authority.
§ 12 Dispute resolution
(1) The European Commission platform for out-of-court dispute resolution (Regulation on consumer ODR) can be found here: https://ec.europa.eu/consumers/odr/
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 13 Final provisions
(1) Legal relations between the provider and the user shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, of the state in which the user as a consumer has their habitual residence, remain unaffected.
(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider and the place of performance is the registered office of the provider in Amberg (Bavaria, Germany).
(3) The provider is entitled to change the terms and conditions without the user's consent.
As of: 21.01.2019