General Terms and Conditions

Welcome to helpindeal!

We are glad that you visit our Social Deal Community Platform (hereinafter referred to as the "marketplace") and thank you for your interest. Use of the services requires that you agree to these General Terms and Conditions of Business and Use (hereinafter referred to as the "Terms and Conditions"). Please read them carefully before using the marketplace. By using the marketplace, you declare your consent to be bound by these Terms and Conditions. Below we inform you about the use of our marketplace.

1. General and scope

1.1. These Terms and Conditions apply to all contracts between helpindeal.com (hereinafter referred to as "helpindeal") and the visitors (hereinafter gender-neutral "user") of the marketplace accessible under the link www.helpindeal.com and all subdomains belonging to the domains. Detailed information about helpindeal, including address and contact details, can be found in the platform's legal notice.

1.2. These Terms and Conditions apply both to consumers and to entrepreneurs, unless a differentiation is made in the respective clause. A consumer within the meaning of Section 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. An entrepreneur within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when entering into a legal transaction.

1.3. helpindeal's Terms and Conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions or terms and conditions of the user shall only become part of the contract if and to the extent that helpindeal has expressly agreed to their validity.

1.4. If users are entrepreneurs within the meaning of these Terms and Conditions and nothing else has been agreed between the parties, these Terms and Conditions shall also apply to users, in the version valid at the time of use of the services or at least in the version last communicated to them in text form, as a framework agreement for similar future contracts, without helpindeal having to refer to them again in each individual case. Framework agreements or other contracts concluded individually in individual cases with the users (including ancillary agreements, additions and amendments) shall in any case take precedence and are only supplemented by these Terms and Conditions. Unless individual rules are agreed in the individual case, framework agreements or other contracts shall be supplemented by these Terms and Conditions.

2. Subject matter of the contract

2.1. helpindeal provides users with a globally accessible marketplace to post offers and requests for the temporary, free of charge or discounted exchange (hereinafter referred to as a "Deal") of accommodation, services or work (hereinafter referred to as "Services") as well as pure favours or goods, and to get in contact with each other, support each other and use resources sustainably.

2.2. The subject matter of the contract is therefore access to a globally accessible marketplace and the technical provision of services for offering and searching for Deals as well as for mutual exchange via the internet.

2.3. helpindeal creates, maintains and operates the marketplace, but does not itself act as an active intermediary between users. helpindeal is therefore not itself a contracting party, representative or other participant in contracts concluded between users. In this respect, helpindeal merely provides the technical infrastructure. The performance of the contracts is governed exclusively by the statutory provisions in the relationship between the users and any deviating general terms and conditions agreed between the users. Unless helpindeal is itself also the service provider, helpindeal is not liable for the proper performance of any contracts between the users.

2.4.0. The use of individual functions of the platform is based on an internal digital usage credit system (hereinafter referred to as "Credits").
Credits are used exclusively for billing and unlocking functions and have no monetary value.

2.4.1. helpindeal offers users various models for acquiring, earning or using Credits. These include in particular paid Credit packages (Ordered Credits), free bonus (Bonused Credits) mechanisms for internal offsetting, and consumption (Consumed Credits) mechanisms.

2.4.2. helpindeal is entitled to adjust, expand or restrict the type, scope, operation and availability of the Credit system at any time.
Users have no claim to unchanged Credit conditions.

2.4.3. Retroactive corrections of Credit bookings are permitted if technical or system-related updates require this.

2.4.4. In all internal settlements, Ordered Credits are posted with priority over Consumed Credits and Bonused Credits - even retroactively if Ordered Credits were purchased only after Bonused Credits had been received. The operator reserves the right to make technical transfer postings in order to ensure this priority at any time.

2.4.5. Credits may only be used within the platform. Transfer to other users or systems is excluded unless expressly offered.

2.5.0. helpindeal is entitled at any time to change, supplement or replace the monetisation and usage system used on the platform (e.g. credit system, consumed/bonused and ordered mechanisms, bonus programmes, pricing models, unlocking logics or other remuneration models) with other models - such as subscription or hybrid models.

2.5.1. Changes apply only for the future and may not place existing users at a materially worse position. Usage units already acquired or credited (e.g. Credits) remain in scope and are not subsequently devalued.

2.5.2. helpindeal will announce changes to the monetisation or usage system in good time and in a transparent manner.

2.5.3. There is no entitlement to the continued use of a specific monetisation or usage system, provided that rights already accrued by users remain unchanged and no material disadvantages arise for existing users.

3. Services and use of the marketplace

3.1. When using the marketplace, the user may take advantage of various services, which differ depending on whether the user is registered or not registered.

3.2. Unregistered users can filter published Deals on the marketplace by certain categories and display them without creating a profile. Contact with other users is not possible.

3.3. After successful registration and verification, users can create and manage their own personal profile as members. Within this profile, the user can add their own content (texts, images, general information about the location and period of service, etc.), generate Deals from it for temporary, free or discounted accommodation or entire flats/houses (so-called home exchange), services, pure favours or goods, and create Deal links that can then be found via the "search" function on the marketplace home page of helpindeal. The user can offer, save, delete again or pause the Deals at any time once they have been completed. Contact requests from other users can be accepted or rejected. In the Deal title, Deal description and photos, any information that could identify the Deal offer (names, specific addresses, telephone numbers, etc.) is prohibited. This information may only be exchanged within direct communication between the respective users.

3.4. If supply and demand match, the users can contact each other via a chat window, exchange further information about the Deals and, if necessary, conduct negotiations. Supply and demand usually represent performance and consideration in relation to each other.

3.5. Accordingly, users can exchange accommodation, services, pure favours or goods with each other worldwide for an agreed period free of charge or at a reduced price. Within their Deals, the users are themselves responsible for compliance with the law, in particular for any permits required, compliance with any reporting or tax obligations, etc. in the respective countries.

3.6. In addition, Deals can be shared with friends and via social media channels or marked as favourites using the "sharing" function. If the user uses the "sharing" function to inform third parties about the existence of the Deals, the user must ensure that the other user and/or third parties agree to the sending of the Deals.

3.7. helpindeal also provides its users with a rating system, with which the users can rate each other after a completed Deal and/or after first contact and thus indicate the satisfaction and trustworthiness of the respective users. The rating of the contracting parties and of the conclusion of the contract may only be truthful, transparent and objective. Users may not rate themselves or be rated fictitiously by third parties. Otherwise, clauses 7 and 8 of these Terms and Conditions shall apply.

3.8. Another service of helpindeal is the provision of a so-called "commitment document". This commitment document can be downloaded by users and used exclusively as a contract template for their private Deals.

3.9. For entrepreneurs additionally applies: If the Deal is a legal transaction that is not concluded between consumers and/or is not an employment relationship (whether temporary or permanent), compliance with the law (in particular compliance with the German Minimum Wage Act or other employee protection regulations, fulfilment of any reporting obligations, obtaining of permits and consideration of tax aspects) is the sole responsibility of the users. The publication and execution of Deals of a commercial nature is only possible using the users' own contracts, if any, or their own general terms and conditions, cancellation policy, privacy policy and legal notice.

3.10. The specific visual and functional design of the use options covered by the contract, the expansion or adaptation of the use options with additional features or services, or their supplementation with paid additional services, are at the discretion of helpindeal. Provided that the use options covered by the contract remain in place, helpindeal is entitled at any time to modify and adapt the specific design.

3.11. helpindeal is entitled at any time to block access to individual content or to the marketplace, for example if there is suspicion that the users are violating applicable law, these Terms and Conditions or third-party rights. The user can avert such measures by dispelling the suspicion by providing suitable evidence at their own expense. The user has no claim to the maintenance of individual functionalities on the marketplace.

3.12. The marketplace shall be available to the user for an unlimited period of time at an annual average of at least 99.0%. Unavoidable, unforeseeable and extraordinary events that may lead to unavailability of the marketplace, such as hosting failures, power failures, hacking attacks or failures of telecommunications lines from the transfer point to the internet, are not counted towards the minimum availability.

3.13. helpindeal is entitled to engage third parties as subcontractors for the provision of the contractually owed services. In addition, helpindeal may transfer rights and obligations under this contract to one or more third parties (contract transfer). In the event of a complete transfer of the contract, the user has the right to terminate the contract without notice.

4. Registration, conclusion of contract and user account

4.1. By completing the online registration process (hereinafter referred to as "registration") and creating a profile, a user agreement is concluded between the user and helpindeal.

4.2. For registration and the creation of a profile, it is necessary to create a user account. This consists of first and last name, street and house number, postcode and city, country, username, email address and a password (hereinafter referred to as "login data").

4.3. Natural and legal persons may register to use the marketplace. The registration of a legal entity may only be carried out by an authorised representative. Only users who are of legal age and have legal capacity may register as natural persons.

4.4. To complete the online registration process, the user must tick the checkbox "I agree to the Terms of Use and the Privacy Policy" and click the "Continue" button.

4.5. After completing the online registration process, the user receives a confirmation email with an activation link. To complete the registration process, the user must click the link in the confirmation email. There is no entitlement to the conclusion of a user agreement.

4.6. After successful completion of registration, the user may use the helpindeal marketplace free of charge or for a fee. In the case of a paid Credit package, the user will be redirected to payment.

4.7. The contract with helpindeal for the free use of the helpindeal marketplace is concluded by completing the online registration process and activating the user account. Helpindeal reserves the right, for free use, to send the user emails beneficial to development and promotion for the further development of the platform.

4.8. In the case of a paid Credit package, the contract is concluded through payment processing via the payment service provider Stripe Payments Europe, Limited., The One Building, 1 Grand Canal Street Lower, Dublin 2, D02 H210, Co. Dublin, Ireland (hereinafter referred to as "Stripe") under the Stripe terms of use available at https://stripe.com/de/payments/payment-methods-guide#zahlungsarten, https://stripe.com/de/legal or https://stripe.com/payment-terms/legal. Within the scope of the payment provider Stripe, helpindeal offers various payment methods. After entering his payment details and selecting the desired payment method, the user confirms a payment instruction to Stripe by clicking the button that completes the booking process. helpindeal requests Stripe to initiate the payment transaction after confirmation of the payment instruction and accepts the user's offer if the button completing the booking process is clicked.

4.9. Irrespective of registration, the user can voluntarily have their profile verified via the "My Profile" section (page "Verification"). Verification takes place via the Stripe Identity service of the payment service provider Stripe mentioned in clause 4.8. For this purpose, the user uploads a suitable identity document and, depending on the specification, a selfie image directly to Stripe; these documents are processed exclusively by Stripe and do not reach helpindeal's servers. The respective requirements and costs of verification are displayed to the user on the "Verification" page; further details on data processing can be found in the privacy policy.

4.10. A user account can only be created if the user provides a current email address. This email address is also used for communication with helpindeal.

4.11. The user warrants that the data used when creating his profile (hereinafter referred to as the “profile data”) is truthful and complete. He is obliged to keep his data up to date at all times and, in the event of any changes, to update his data in his user account. The use of pseudonyms is not permitted.

4.12. Upon registration, the user creates a password for his user account. The user may change the password in his user account at any time. The user must not disclose or make the password available to third parties and must keep it carefully to avoid misuse. He is obliged to inform helpindeal without delay if the password has been lost or if he becomes aware that unauthorized third parties have obtained knowledge of the password. The user shall be liable for any misuse by third parties unless he proves that he is not at fault.

4.13. Each user may register only once for private and/or business use of the helpindeal services. A user account is not transferable to other users.

4.14. The user may correct his entries made during the online registration process at any time before submitting his registration by using the usual keyboard and mouse functions.

4.15. helpindeal makes the then applicable contractual provisions, including the Terms and Conditions, available to the user upon conclusion of the contract in storable form. The Terms and Conditions may at any time be viewed, downloaded and stored via the platform in their current version. No separate dispatch by e-mail takes place.

4.16. The contract is concluded exclusively in German.

4.17. In any communication by the user with other users, any contractual relationships arise exclusively between the users involved. helpindeal is neither an agent nor itself a contracting party.

4.18. The user must ensure that the e-mail address provided by him for the registration process is correct so that e-mails sent by helpindeal can be received at that address. In particular, when using spam filters, the user must ensure that all e-mails sent by helpindeal or by third parties commissioned by helpindeal to process the order can be delivered.

5. Right of withdrawal

5.1. As a consumer, the user who uses helpindeal's classifieds marketplace as a member for a fee has a fourteen-day right of withdrawal in accordance with the statutory provisions.

5.2. Further information on the right of withdrawal can be found in helpindeal's withdrawal instructions.

- Withdrawal instructions -

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

________________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________

Name of consumer(s)

________________________________________________________

Address of consumer(s)

________________________________________________________

Signature of consumer(s) (only for notification on paper)

_________________________

Date

(*) Delete as appropriate

6. General duties of cooperation of the user

6.1. Without the express permission of helpindeal, the user may only use the classifieds marketplace within the scope of the contractually intended purposes. Any abusive use beyond this intended purpose is prohibited to the user.

6.2. The user may not use messages of an advertising nature (in particular spam messages) without the consent of helpindeal and the users (recipients).

6.3. If the user uses the option to inform third parties about the existence of the classifieds marketplace via the referral function provided by helpindeal, he must ensure that the third party agrees to the sending of the advertising referral e-mail.

6.4. If the content contains hyperlinks to third-party pages, the user warrants that he is entitled to use the hyperlink and that the website to which the link refers (“landing page”) complies with applicable law and the rights of third parties.

6.5. The user is obliged to handle the log-in data with care. Under no circumstances may the user disclose the log-in data to third parties and/or enable third parties to access the profile by circumventing the log-in data.

6.6. The user is obliged to cooperate in clarifying attacks by third parties on the classifieds marketplace, insofar as such cooperation is required by the user.

6.7. The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the classifieds marketplace or the technical infrastructure behind it. This includes in particular:

● the use of software, scripts or databases in connection with the use of the classifieds marketplace;

● the automatic reading, blocking, overwriting, modifying or copying of data and/or other content, insofar as this is not required for the proper use of the classifieds marketplace.

________________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________

Name of consumer(s)

________________________________________________________

Address of consumer(s)

________________________________________________________

Signature of consumer(s) (only for notification on paper)

_________________________

Date

(*) Delete as appropriate

6. General duties of cooperation of the user

6.2. The user may not use messages of an advertising nature (in particular spam messages) without the consent of helpindeal and the users (recipients).

6.6. The user is obliged to cooperate in clarifying attacks by third parties on the classifieds marketplace, insofar as such cooperation is required by the user.

● the use of software, scripts or databases in connection with the use of the classifieds marketplace;

● the automatic reading, blocking, overwriting, modifying or copying of data and/or other content, insofar as this is not required for the proper use of the classifieds marketplace.

6.8. The user must also ensure that any information and data transmitted or submitted by him via the classifieds marketplace are not infected with viruses, worms or Trojan horses.

6.9. It is also prohibited, as an infringement of personality rights, to remove the anonymity of other users or to disclose information from other users from private messages, e-mails or chats that is not intended for the public. Users may not include in their posts or otherwise disclose any information that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.

6.10. Furthermore, the following actions by the user are expressly prohibited and shall be deemed abusive use of the classifieds marketplace:

● publishing the user's own or third parties' telephone numbers, internet addresses or other contact details in the text area;

● systematically collecting the contact details of other users for the purpose of passing them on to third parties;

● unreasonable harassment of other users through aggressive, obscene, insulting, defamatory or intrusive forum posts or messages;

● inciting other users to abusive use of the classifieds marketplace;

● extensive or permanent use of the classifieds marketplace for publishing and distributing content that does not objectively correspond to the purpose or subject area of the classifieds marketplace or its blogs and forums and that may impair the attractiveness of the classifieds marketplace for other users;

● use of third-party identities for registration, posting contributions or sending messages.

6.11. If disruptions occur in the use of the classifieds marketplace or its functionalities, the user shall inform helpindeal of such disruption without delay. The same applies if the user obtains information about content published by third parties that clearly violates applicable law or third-party rights.

7. User's duties of cooperation with regard to the posting of content

7.1. The user undertakes not to store any unlawful content on the storage space provided, content that infringes laws, official requirements or the rights of third parties.

7.2. The user undertakes vis-à-vis helpindeal that any content posted on the classifieds marketplace does not infringe applicable law or good morals, whether by its content or form. Furthermore, the user is prohibited from posting content that infringes rights, in particular trademarks, patents, other protective rights or trade secrets of third parties. The same applies to setting external links.

7.3. To the extent that the content provided by the user violates applicable law, good morals, statutory or official prohibitions, helpindeal may refuse the corresponding processing orders. A violation exists in particular where content is provided that concerns, depicts or includes the following points:

● anti-constitutional content;

● racism, xenophobia and discrimination;

● endangerment of young persons and/or glorification of violence and extremism of any kind;

● incitement to crimes and violations of the law, threats to life, limb or property;

● agitation against persons or companies;

● statements violating personal rights, defamation, insult and slander of users and third parties;

● copyright-infringing content or other infringements of intellectual property rights as well as violations of unfair competition law;

● sexual harassment of users and third parties;

● offensive, sexist, obscene, pornographic, vulgar, vile or disgusting materials and expressions.

7.4. Content protected by copyright may only be included in contributions without the consent of the respective rights holder within the scope of the applicable quotation right. Quotations must be identified by highlighting them using the quotation function and by citing the source, and must be conceptually related to the quoted work. Quotations in foreign languages must additionally be translated into German to the extent necessary to make the content roughly discernible. Contributions not correctly quoted in particular may be removed or corrected by the moderators. The distribution and/or public reproduction of any content from the classifieds marketplace without the consent of helpindeal is prohibited.

7.5. helpindeal reserves the right to block third-party content if such content is punishable under the applicable laws or is clearly intended to prepare punishable acts.

7.6. helpindeal is entitled to delete posted advertisements or other content posted by the user after reports from other users, or to refrain from publishing advertisements or other content, if there are concrete indications that the content of the advertisement or the other content violates these Terms and Conditions or statutory requirements, or that the user has otherwise culpably breached contractual obligations. In the event of a violation of clauses 6 and 7, helpindeal is entitled to issue a warning to the user and/or exclude the user temporarily or permanently from using the classifieds marketplace and, if necessary, to initiate civil and criminal proceedings. In no case do the user's contents represent the opinion of helpindeal, and helpindeal does not adopt them as its own.

7.7. If a user has violated these Terms and Conditions and the user agreement has been terminated with the user, he is no longer entitled to use the classifieds marketplace or to register for it again. In addition, the user is not entitled to use the classifieds marketplace with another user account.

7.8. In addition, for business users: The user undertakes vis-à-vis helpindeal to comply with legal requirements (in particular compliance with the Minimum Wage Act or other employee protection provisions, the fulfillment of any reporting obligations, the obtaining of permits and the consideration of tax aspects), insofar as the deal is a legal transaction between a business and a consumer or between two businesses and/or an employment relationship (limited or permanent) is concluded. The publication and execution of deals between a business and a consumer or between two businesses is only possible by using the user's own, if any, contracts or General Terms and Conditions, withdrawal instructions, privacy policy and legal notice.

7.9. helpindeal is entitled to temporarily block user accounts or delete them permanently if there is good cause. Good cause may exist in particular if the user:

persistently or seriously violates these Terms and Conditions or applicable law;
repeatedly interferes with the use of the classifieds marketplace in a manner that significantly impairs proper operation;
despite prior warning, continues to engage in unreasonable conduct that significantly burdens other users or the platform.
Before a permanent blocking or deletion, the user shall, where possible, be informed in text form of the reasons and given the opportunity to respond.
helpindeal shall decide at its reasonable discretion, taking the circumstances of the individual case into account.
Blocking or deletion of an account shall take place without any claim to reimbursement of payments already made, insofar as such payments may not be forfeited under the existing Terms and Conditions.

8. Support

helpindeal will answer user inquiries regarding the use of the classifieds marketplace in text form (by e-mail) after receipt of the respective question.

9. Prices, remuneration and payment terms

9.1. The use of certain functions of the platform requires the consumption of credits (Consumed Credits). Credits can be obtained via paid credit packages (Ordered Credits) or system-generated credits (Bonused Credits). All prices stated in connection with credit packages include, where applicable, statutory VAT and are stated in EURO.

9.2. Credits have no monetary value and cannot be paid out, refunded or converted into any other value. This also applies in the event of non-use, expiry of validity periods, changes to the system or termination of the user account, unless mandatory statutory refund obligations apply.

9.3. helpindeal reserves the right to adjust prices, credit quantities, bonus/consumed mechanisms and all terms of the credit system at any time, at its reasonable discretion, in order to preserve the price-performance ratio and to respond appropriately to cost increases or decreases and the resulting cost situations that cannot otherwise be offset. The cost elements or adjustment benchmarks to be taken into account for any fee adjustment may include modification, extension and/or adjustment of the usage options of helpindeal's online marketplace under the contract, as well as administrative and overhead costs (rent, financing and transaction costs, personnel and service-provider costs, energy and internet access costs, IT development costs, etc.) and taxes, fees, contributions and other levies imposed by the state. Changes apply to all future purchases and uses. Credits already acquired entitle the holder to use them in accordance with the system parameters valid at the respective time.

9.4. Payment processing between the user and helpindeal is carried out via the payment service provider Stripe Payments Europe, Limited., The One Building, 1 Grand Canal Street Lower, Dublin 2, D02 H210, Co. Dublin, Ireland (hereinafter referred to as "Stripe"). helpindeal uses Stripe Billing for payment processing. Stripe Billing consists of programmable APIs and tools that enable the user to accept payments via helpindeal's marketplace. Registration with Stripe Billing is required to use Stripe Billing. After the user places the order in the online shop, helpindeal requests Stripe to initiate the payment transaction. Stripe collects the Ordered Credits due (credit package fees) from the user's payment method on behalf of helpindeal and holds the Ordered Credits in a non-interest-bearing trust account. For this purpose, helpindeal sets up its own trust account with Stripe. The payout of the Ordered Credits is carried out automatically by Stripe to helpindeal. helpindeal is entitled to provide the service (credit posting) only after successful payment confirmation. If the payment is not honored due to insufficient funds or because incorrect bank details were provided, or if the user objects to the debit despite not being entitled to do so, the user shall bear the fees incurred by the respective credit institution as a result of the chargeback, provided the user is responsible for this. Further information on Stripe is available on the internet at https://stripe.com/de/legal, https://stripe.com/de/privacy or https://stripe.com/payment-terms/legal.

9.5. The user shall only be entitled to set-off rights if its counterclaims have been legally established or are undisputed and mutually connected with helpindeal's principal claim or have been acknowledged by helpindeal.

9.6. If it becomes apparent after conclusion of the contract (e.g. through an application for the opening of insolvency proceedings) that helpindeal's claim to remuneration is jeopardized by the user's inability to perform, helpindeal shall be entitled under the statutory provisions to refuse performance and, if applicable after setting a deadline, to withdraw from the contract (§ 321 BGB).

10. Rights of use

10.1. The user grants helpindeal a worldwide and unlimited-in-time, irrevocable, transferable to third parties, non-exclusive and royalty-free right to exploit the content posted in the online offering. helpindeal is entitled at any time to use, edit and exploit the content. This includes in particular the right of reproduction, distribution and the right of public communication, in particular the right to make it publicly available. In this respect, the user waives the exercise of the right to be named, without thereby waiving the right to recognition of authorship as a whole. This provision does not affect the user's ability to grant third parties rights to posted content under specific licensing models.

10.2. helpindeal is entitled to delete or deactivate content posted by the user if it infringes third-party rights or if third parties assert claims based on an infringement of rights whose validity cannot obviously be ruled out.

10.3. If helpindeal becomes aware of a possible infringement of rights through the user's content, it will notify the user thereof in text form without undue delay.

10.4. All rights to the content of the marketplace belong to helpindeal. The user is permitted to reproduce, distribute and/or publish content that helpindeal or other users have posted on the marketplace only within the scope of the "sharing function" pursuant to clause 3.6 of these Terms and Conditions.

11. Liability and indemnification claim

11.1. With regard to the services provided by helpindeal, helpindeal, its legal representatives and vicarious agents are liable only in cases of intent or gross negligence.

11.2. In the event of a breach of material contractual obligations, liability shall also exist in cases of simple negligence, but limited to foreseeable damage typical of the contract.

11.3. Material contractual obligations are those obligations imposed on helpindeal by the contract according to its content for the purpose of achieving the contract's objective, the performance of which makes proper execution of the contract possible in the first place and on compliance with which the user may regularly rely (so-called cardinal obligations). Claims for damages arising from injury to life, body or health, as well as claims under the Product Liability Act, remain unaffected by the above limitations.

11.4. The user shall indemnify helpindeal and its employees or agents in the event of claims being asserted due to alleged or actual infringement of rights and/or infringement of third-party rights by actions taken by the user in connection with the use of the marketplace, against all claims of third parties arising therefrom, insofar as the claims and liability are not attributable at least predominantly to helpindeal. helpindeal shall bear primary responsibility for damage that was caused causally on account of its rights of instruction under this contract. Otherwise, Section 254 BGB shall apply. The user shall inform helpindeal without undue delay if third parties assert claims against helpindeal that fall under the above indemnification obligation. The user is obliged to provide helpindeal without undue delay with all information available to it about the relevant circumstances, completely, truthfully and in text form. Any further claims of helpindeal remain unaffected.

11.5. In addition, the user undertakes to reimburse all costs incurred by helpindeal due to claims by third parties. Reimbursable costs also include the costs of reasonable legal defence.

11.6. In all other respects, liability of helpindeal is excluded.

12. Personal Data and Data Protection

12.1. The user hereby consents to the storage of the personal data entered by them. This also applies to the storage of the IP addresses transmitted each time the marketplace is used. In particular, the user also consents to the display of the personal data entered by them in their profile presentation within the marketplace to other users and third parties who are not users of the marketplace. Further details can be found in helpindeal's privacy policy.

12.2. Use of the marketplace makes the collection, processing and use of personal data by helpindeal indispensable. helpindeal assures that all stored data will be treated with care and processed exclusively within the scope of the user's consent under data protection law. Any use of personal data beyond this will take place by helpindeal only if legally permissible or if the user has given prior consent.

12.3. The user further agrees that helpindeal may use personal data of the user for direct marketing purposes. This includes promotional contact with the user by email.

12.4. Otherwise, the statutory data protection provisions apply, in particular the General Data Protection Regulation (GDPR), the new version of the Federal Data Protection Act (BDSG-neu) and the German Digital Services Act (DDG).

13. Force Majeure

13.1. helpindeal is released from its obligation to perform under this agreement if and to the extent that non-performance is due to the occurrence of force majeure after conclusion of the agreement.

13.2. Force majeure includes, for example, war, strikes, unrest, expropriations, official orders, pandemics, fundamental changes in law, storms, floods and other natural disasters, as well as other circumstances for which helpindeal is not responsible, in particular water ingress, power failures and interruptions or destruction of data-carrying lines.

13.3. helpindeal will inform the user of the occurrence of force majeure promptly and in an appropriate manner.

14. Contract Term and Termination

14.1. In the case of use of a free user account, the agreement runs for an indefinite period and may be terminated by the user at any time without observing a notice period and without stating reasons by sending an email to info@helpindeal.com.

14.2. The purchase of credit packages does not create any contractual minimum term. Credit packages are one-time services and are permanently credited to the user for use within the platform.

14.3. Ordered Credits acquired by the user through paid credit packages are valid for an unlimited period. They do not expire or get automatically deleted unless mandatory legal reasons prevent this.

14.4. Bonused Credits that were not acquired by payment may be time-limited. The respective validity period is indicated on the platform.
The operator is entitled to adjust the conditions, scope and expiry logic of such Credits at any time.

14.6. The termination of membership may be declared by the user in text form (e.g. by email) or implied by the deactivation or deletion of the user account via the platform.
Upon effectiveness of the termination, the user's account, including all personal data and content stored in the system, is fully and irrevocably deleted. No anonymous continued use or retention of published content takes place.

Before the end of the contractual relationship, the user is solely responsible for backing up and exporting their data, because after deletion no access and no restoration is possible.

14.7. helpindeal is entitled, in the case of use of a free user account, to terminate the usage agreement with 30 days' notice.

14.8. In addition, helpindeal will exercise its right to ordinary termination and to deletion of the user account if the user has not logged in for at least one (1) year and/or has not responded to a reminder message.

14.9. The right of each party to terminate the contract for good cause without notice remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, continuation of the contractual relationship until the agreed end or until expiry of a notice period cannot reasonably be expected. helpindeal is, in addition to termination subject to notice, entitled to terminate the usage agreement without notice if good cause exists. Good cause exists in particular if the user

● persistently and seriously breaches contractual obligations (clauses 6 and 7);

● culpably and seriously breaches statutory provisions in the course of use.

14.10. In the event of ordinary termination of the usage agreement by the user (14.1) or by helpindeal (14.7 and 14.8), all Credits still existing at that time expire (Ordered Credits and Bonused Credits) upon effectiveness of the termination. There is no entitlement to payout, refund or transfer of those remaining Credits.

14.11. If helpindeal terminates the usage agreement for good cause pursuant to clause 14.9, all Credits still existing at that time expire (Ordered Credits and Bonused Credits) with immediate effect. In this case, there is no entitlement to payout, refund or transfer of those remaining Credits due to the breach of duty attributable to the user.

15. Alternative dispute resolution

15.1. helpindeal is neither obliged nor willing to participate in dispute resolution proceedings before a consumer conciliation body or universal conciliation body.

15.1. helpindeal is neither obliged nor willing to participate in dispute resolution proceedings before a consumer conciliation body / universal conciliation body.

16. Amendment of the Terms and Conditions

16.1. helpindeal reserves the right to amend these T&Cs at any time without giving reasons, unless this is unreasonable for the user. helpindeal will notify the user of amendments to the T&Cs in due time in text form. If the user does not object to the validity of the new T&Cs within four (4) weeks after notification, the amended T&Cs shall be deemed accepted by the user. helpindeal will inform the user in the notification of their right to object and of the significance of the objection period. If the user objects to the amendments within the aforementioned period, the contractual relationship shall continue under the original terms.

16.2. helpindeal also reserves the right to amend these T&Cs,

● insofar as it is obliged to do so due to a change in the legal situation;

● insofar as it complies with a court judgment or an official decision issued against it;

● insofar as it introduces additional, entirely new services, offerings or service elements that require a description of the service in the T&Cs, unless the existing user relationship is thereby adversely changed;

● if the amendment is solely to the user's advantage; or

● if the amendment is purely technical or procedural, unless it has material effects for the user.

16.3. The parties' right of termination remains unaffected.

17. Final Provisions

17.1. These T&Cs and the contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the CISG. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

17.2. If the user is a consumer and has no general place of jurisdiction in Germany or in another EU Member State, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of helpindeal in Cologne.

17.3. If the user is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of Section 14 of the German Civil Code, a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of helpindeal in Cologne. helpindeal is also entitled in all cases to bring an action at the place of performance of the obligation under these T&Cs or under any overriding individual agreement, or at the user's general place of jurisdiction. Mandatory statutory provisions, in particular those concerning exclusive jurisdictions, remain unaffected.

As of: 10.08.2026

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