§ 3 Subject matter and formation of a contract, contractual partner

(1) The subject of the contract between VREEDA and the customer is the provision of the VREEDA IoT Services for the respective VREEDA product. The main service content and, if applicable, prices of these services can be found in the product manual relevant for the VREEDA product selected by the customer, which becomes part of the contract as special terms and conditions in addition to these GTCs.

(2)   The conclusion of a contract between VREEDA and the customer is not possible via the VREEDA website. With the description of the respective VREEDA product on the VREEDA website, VREEDA does not make the customer a binding offer to conclude a contract; rather, these product descriptions are non-binding. The same applies to any descriptions of VREEDA products within the VREEDA customer service portal; it is also not possible to conclude a contract.

(3)   The contract is concluded exclusively via a VREEDA app or a product website specially created for the respective VREEDA product as follows : If the customer has decided on a specific VREEDA product, he must first select a compatible VREEDA app and on his to install a mobile device or to access the VREEDA product website created for the VREEDA product. The customer then creates a customer account with VREEDA in this VREEDA app or on the VREEDA product website. Various fields appear in which the customer has to enter information about himself and, if necessary, the method of payment. A page then opens automatically on which the customer can view the terms and conditions, the product manual for the selected VREEDA product and the VREEDA data protection declaration via automatic links. VREEDA hereby submits a binding contract offer to the customer. By clicking on the button " I have read the terms and conditions and the product manual and accept the contract ", the customer accepts the contract offer from VREEDA and the contract between VREEDA and the customer is binding. The customer thereby agrees to the terms and conditions and the product manual as the relevant contractual provisions. In addition, by clicking on the " I have read the data protection declaration" button, the customer confirms that he has read the VREEDA data protection declaration. Furthermore, in the case of paid services, he must confirm that he has taken note of the cancellation policy.

(4)   Before accepting the contract, the customer can leave the registration and contract page at any time and thus cancel the registration process or the contract acceptance . Any input errors can also be corrected by such an abort by restarting the process afterwards. Customer input is displayed. Any input errors can also be corrected by the customer overwriting the input concerned. The “click” on input fields can be canceled by clicking on the input field concerned again. User information can also be viewed and changed in accordance with paragraph (6), 1st subparagraph.

(5)   By accepting these General Terms and Conditions, the customer grants permission for networking between the smart devices he has integrated and the VREEDA infrastructure, in particular the VREEDA app. By accepting these General Terms and Conditions, the customer gives permission for VREEDA product updates, in particular also remotely accessed "over-the-air" by VREEDA via a radio link.

(6)   The full text of the contract is saved by VREEDA . The customer can view the contents of his contract with VREEDA and his personal data entered in the customer account within the VREEDA App on each individual page or on the VREEDA product website via the menu. The customer can use the “ Contract documents” button to access the VREEDA customer service portal and view the product manual for the selected VREEDA product and the General Terms and Conditions at any time . The same applies to the VREEDA data protection declaration. In this way, the product manual of the selected VREEDA product, the terms and conditions and the VREEDA data protection declaration can be printed out by the customer or electronically saved on a storage device chosen by the customer outside of the VREEDA app. The customer can use the "User profile" button to view the personal data entered in the customer account and make changes at any time with regard to voluntary information . Subsequent changes to mandatory user information, in particular the customer's email address, can only be made by sending an email to the VREEDA customer service portal.

Within the respective VREEDA app, the customer may be shown (non-binding) descriptions of other VREEDA products. For each additional VREEDA product, the customer can repeat the process described above for concluding the contract and activating the relevant smart devices. It is not necessary to create a customer account again, since the status as a customer already exists.

The product manuals for the available VREEDA products and these GTCs can also be viewed at any time outside of the VREEDA app via the VREEDA website or the VREEDA customer service portal. However, the customer's access to the personal data entered in the customer account and the smart devices activated by him is only possible via the VREEDA app as described above.

(7)   The contract language is either German or English, depending on the language version of the registration page selected by the customer as part of his order process or contract offer.

(8)   The activation of paid VREEDA IoT Services is subject to the (suspensive) condition of full payment of the respective fee. In the case of a consumer, the activation of chargeable VREEDA IoT Services is subject to the additional (suspensive) condition of the expiry of the cancellation period.

§ 4 Authorized User, Use of VREEDA IoT Services, Customer Confirmations

(1) Authorized users of the VREEDA IoT Services are the customers who have properly created a customer account. Beneficiaries of a second right of use granted via the user administration are also authorized users. VREEDA makes the decision on the granting of a second right of use at its reasonable discretion; the customer has no claim to this.

(2) The customer can use the VREEDA IoT Services associated with the respective VREEDA product within the scope of the service description described in the relevant product manual. The VREEDA product consists of basic functions, the VREEDA IoT Basic Services, and additional functions, the VREEDA IoT Additional Services .

The VREEDA IoT basic services can and will remain free of charge. The VREEDA IoT additional services can be or become free of charge or subject to a charge.

(3)   With the conclusion of the contract, the IoT Basic Services are available to the customer in accordance with these General Terms and Conditions. After acceptance of the contract, the customer may select additional VREEDA IoT services in the VREEDA app or on a product website. In order to be able to use the VREEDA IoT Services offered for the selected VREEDA product, the customer must:

(i)          download the VREEDA App as specified in the VREEDA Customer Service Portal;

(ii)        create a VREEDA user account to use the VREEDA IoT Services;

(iii)       accept these VREEDA GTCs in connection with the respective product manual;

(iv)       register the respective Smart Device via the VREEDA App;

(v)        activate the firmware of the respective Smart Device as described in the user manual of the device or the user manual in the VREEDA Customer Service Portal or in the respective VREEDA App;

(vi)      if necessary, select the VREEDA IoT additional services you want.

(4)   The customer can deselect VREEDA IoT additional services in the app or on the product website at any time or end the integration of smart devices by deleting the devices in the app.

(5)   By accepting the VREEDA GTCs in connection with the respective product manual, the customer confirms:

(i)      the e-mail address provided during registration and the respective VREEDA app as communication channels (“ formal communication channels ”) between VREEDA and the customer, for example with regard to updates to the VREEDA IoT Services or changes to the VREEDA GTCs or product manuals ;

(ii)     that the VREEDA IoT Services are dependent on the availability of the External System Elements, whether commissioned by Customer or by VREEDA;

(iii)    that the respective VREEDA App or the VREEDA Cloud may control the firmware of the Smart Device integrated by the customer;

(iv)     that VREEDA may carry out updates or upgrades to the VREEDA firmware of the Smart Device integrated by the customer as described in § 9.

§ 5 Restrictions on the Availability or Usability of the VREEDA IoT Services, Disclaimers, (Limited) Warranties

(1)   The availability of the VREEDA IoT Services and/or their usability by the customer may be subject to interruptions and failures for reasons beyond the control of VREEDA, in particular due to external system elements not functioning properly, such as interruptions in the WLAN connection, interruptions the Internet connection or other defects in external infrastructure or external services. The customer acknowledges this risk of limited availability or usability. The parties agree that VREEDA is not responsible for any damage caused by reasons beyond VREEDA's control, in particular interruptions or other defects of the External System Elements.

(2)   It is the customer's responsibility to ensure that they have all the required external system elements and that they are working and compatible with the respective VREEDA app or firmware. The Customer acknowledges that the availability of the VREEDA IoT Services and/or their usability by the Customer is interrupted or fails if the requirements for the completeness, functionality and compatibility of the External System Elements are not met. The parties agree that VREEDA is not responsible for any damage caused thereby.

(3) In particular, the VREEDA IoT Services cannot be used without restrictions without the following external system elements:

(i)          a working WiFi network positioned to reliably communicate with Smart Devices;

(ii)        working broadband internet access to the aforementioned WLAN;

(iii)       professional installation of the respective smart device in accordance with the relevant instructions for use;

(iv)       professional activation and networking of the respective smart device;

(v)        flawless functioning of the respective smart device including its firmware;

(vi)       Properly produced or received radio signal from the smart device;

(vii)     Trouble-free functioning server infrastructure of the VREEDA Cloud organized by VREEDA but provided by third parties;

(viii)    active data connection of the respective mobile device of the customer and

(ix)       if applicable, other External System Elements specified by VREEDA in these VREEDA Terms of Use and/or the relevant Product Manual.

In addition, the prerequisite is the professional installation and activation of the VREEDA app, for which the customer is responsible (see Section 7, Paragraph 6).

(4)   The VREEDA products and the associated VREEDA IoT Services are only intended and suitable for use in the VREEDA area of application, but under no circumstances for use in production or other critical areas of application . The VREEDA IoT Services enable the integration of smart devices in a VREEDA application area. For technical reasons, in particular capacity limitations of external system elements, the maximum number of integrated smart devices and usable VREEDA IoT Services may be limited, but will typically not be reached within the scope of the exclusively permitted use in the VREEDA area of use.

With high intensity of use, the speed of use may become noticeably slower, up to and including system interruptions. 

(5)   VREEDA guarantees that the software of the VREEDA App, which among other things is the basis of the VREEDA IoT Services, is free of defects in the version publicly offered in the App Store or subsequently updated by VREEDA in accordance with Section 9 of this contract.

(6)   The availability of the VREEDA Cloud is only guaranteed by VREEDA within the framework of the availability guarantees given by the provider of the server infrastructure services, but not beyond that. VREEDA assigns existing legal claims against the latter to the customer accepting this, discharging the debt, insofar as they relate to the customer.

(7)   Insofar as the VREEDA firmware was developed and produced by contract manufacturers, VREEDA will waive any existing legal claims against the customer accepting this, insofar as they relate to the customer.

§ 6 Customer support

In case of questions or other problems related to the VREEDA Product and the associated VREEDA IoT Services, the Customer should consult the Frequently Asked Questions (FAQs) available on the VREEDA Customer Service Portal.

Otherwise, the customer can contact VREEDA as follows:

VREEDA GmbH, Essen

Email: kundenservice@vreeda.com

When the customer makes contact, VREEDA uses the customer data for the intended purpose. For more information on the handling of personal data, please refer to VREEDA's separate data protection declaration .

With regard to the VREEDA App, the customer's support by VREEDA is only granted for the current software version, which is the basis of the VREEDA IoT Services.

§ 7 Customer's obligation to cooperate or to refrain from doing so

(1)   The customer undertakes towards VREEDA to exclusively use the VREEDA product and the associated VREEDA IoT services as well as the VREEDA infrastructure, which does not violate the product manual, these GTCs or applicable law. If the customer allows another person to use the VREEDA app on one of the customer's mobile devices, it is part of their duty of care to point out the aforementioned regulations and to appropriately monitor compliance by the third party. The customer remains committed to VREEDA.

(2)   The customer undertakes to VREEDA (i) not to reverse engineer, decompile or disassemble the software associated with the VREEDA product, the VREEDA IoT Services or the VREEDA infrastructure and not to copy or publish it, copy, reproduce, transmit, post or otherwise distribute; (ii) to refrain from anything that could impair the availability or usability of the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure, in particular the introduction of viruses, worms, bugs, Trojan horses, malware or other harmful elements; (iii) take no steps to circumvent the security mechanisms of the respective VREEDA product, the VREEDA IoT Services or the VREEDA infrastructure; (iv) to comply with any other reasonable requirements or specifications made known by VREEDA that are or should have been known to the Customer; (v) access the VREEDA Product, VREEDA IoT Services or VREEDA Infrastructure to compete with VREEDA, (vi) interfere with, disrupt or attempt to gain unauthorized access to the Internal System Elements and not to violate the rules, policies or procedures of these Internal System Elements; (vii) not to access (or attempt to access) the VREEDA Product, the VREEDA IoT Services or the VREEDA Infrastructure, except via the Technical Interfaces made available by VREEDA; (viii) not incite or incite any third party to perform the actions described above to support it .

(3)   The customer is also not permitted to use the VREEDA product, the VREEDA IoT Services or the VREEDA infrastructure for monitoring people or rooms or for similar actions or to incite a third party to do the actions described above or to support them in doing so.

(4)   The customer must keep his user ID and password secret and have his access to the VREEDA IoT Services blocked immediately if he has reasonable suspicion that an unauthorized third party has or could have gained knowledge of them.

(5)   The customer undertakes to truthfully and completely provide all contact data and other information requested by VREEDA when creating the VREEDA user account or registering smart devices. The customer undertakes to inform VREEDA immediately of any changes to the contact details and other information provided, in particular the e-mail address.

(6)   The customer is responsible for the professional installation and connection of the respective smart device and the VREEDA app. Further technical requirements for using the VREEDA product, the VREEDA IoT Services or the VREEDA infrastructure are listed in the technical descriptions available via the product manual, the VREEDA app, the VREEDA website and the VREEDA customer service portal, e.g. supported operating systems/versions and mobile terminals. 

§ 8 Content and Restrictions on the Right of Use

(1)   The copyright and all other commercial property rights including the know-how in connection with the VREEDA product, the VREEDA IoT Services or the VREEDA infrastructure lie with VREEDA or the licensors of VREEDA. All rights to this that are not expressly granted to the customer in accordance with the following paragraph (2) are reserved and remain with VREEDA.

(2)   VREEDA grants the customer the simple (without the right to grant sublicenses), non-exclusive, non-transferable right, limited in time to the duration of the existence of this contract, to use the respective VREEDA product and the associated VREEDA IoT Services or to use the VREEDA infrastructure with regard to the smart devices properly integrated by him for his own needs within the scope of the use case and purpose specified by the relevant product manual. Insofar as the VREEDA IoT Services selected by the customer are only provided for a fee, this right of use is subject to the proper payment of the corresponding fee.

(3)   The customer is not permitted to use the software beyond paragraph (2).

(4)   If a customer makes comments to VREEDA, submits a suggestion and/or documents in connection with the VREEDA product, the VREEDA IoT Services or the VREEDA infrastructure (" Feedback "), he grants the exclusive right of use to this Feedback VREEDA a. On this basis, VREEDA is entitled to use this feedback in any way without restrictions and without obligation of confidentiality, attribution or compensation.

(5)   The restrictions of §§ 7, 8 of this contract do not apply insofar as this is necessary to comply with the licenses of open source software components used. The provisions of §§ 69d, 69e UrhG remain unaffected by the restrictions of §§ 7, 8 of this contract.

§ 9 VREEDA Product Updates

(1)    VREEDA is entitled to update the VREEDA product at any time, e.g. through security updates or new, improved functionalities and updates for troubleshooting etc. In particular, VREEDA is entitled to expand the application or intended use in the relevant product manual, to supplement connectable smart devices with VREEDA firmware or third-party firmware, to make further VREEDA IoT Services available free of charge or for a fee and/or to add compatible VREEDA apps. VREEDA will inform the customer in advance of each update via text form message. Insofar as cooperation is required, the customer undertakes to carry this out independently immediately after appropriate notification and instructions (e.g. carrying out a download).

(2)   Each of these updates is subject to the respective product manual and these GTCs in their respective version.

(3)   It should be noted that VREEDA IoT Services may not be able to be provided properly if the Smart Devices concerned are outdated. Older generation smart devices may not be compatible with all updates. Any liability of VREEDA in this regard is excluded. The prerequisites for the perfect functionality of smart devices can be found in § 5 of these General Terms and Conditions, the VREEDA customer service portal or the product manual.

§ 10 Contract changes, in particular the product manual or these General Terms and Conditions

(1)   Proposals for changes to the product manual or these General Terms and Conditions will be communicated to the customer by VREEDA in text form, insofar as they cannot be changed unilaterally by VREEDA.

(2)   Changes to these General Terms and Conditions are deemed to have been approved if the customer agrees to these changes by text form message. The continued use of the VREEDA IoT Services after receipt of the notification of changes is deemed to be implied approval of these changes.

(3)   If the customer has not expressly or implicitly agreed to the proposed changes to these GTC within 14 calendar days, VREEDA has the right to extraordinary termination of the contract concerned within a further period of 14 calendar days. The same applies with regard to an objection by the customer to the contract change.

(4)   If the VREEDA product update requires further access authorization to data for VREEDA, the customer will be asked for consent by text form message before it is carried out. The further access authorization is considered approved if the customer agrees to these changes by text form message. Continued use of the VREEDA IoT Services after receipt of the request for consent is deemed to be implied consent. If the customer does not agree to this further access authorization, the relevant VREEDA product update will not take place. It cannot be ruled out that the functionality of the VREEDA IoT Services affected will be impaired or that they will no longer be usable in their entirety. Any liability of VREEDA in this regard is excluded. If the customer has not expressly or implicitly agreed to the further access authorization within 14 calendar days, VREEDA has an extraordinary right of termination within a further period of 14 calendar days. The same applies with regard to an objection by the customer to further access authorization .

§ 11 Restrictions of VREEDA IoT Services / Other Technical Measures

(1)     VREEDA is entitled to discontinue VREEDA IoT additional services provided free of charge or only to offer them for a fee . VREEDA will inform the customer of this in advance by text form message. Section 10 (2) and (3) apply accordingly.

(2)     With regard to VREEDA IoT basic services provided free of charge , VREEDA has the option of discontinuing or future paid offers only by way of ordinary termination in accordance with Section 12 (3). The same applies with regard to VREEDA IoT Services provided for a fee.

(3)   VREEDA has the right to temporarily restrict or suspend Customer's access to the VREEDA IoT Services at any time if VREEDA reasonably determines that (i) the VREEDA IoT Services are not in accordance with the relevant Product Manual or these GTCs are used by the customer and (ii) the intervention chosen by VREEDA is not disproportionate to the background of the violation by the customer . Such temporary restriction or suspension may not last more than four (4) clear calendar weeks.

(4) VREEDA reserves the right to limit the number of VREEDA Customer Accounts created from a Mobile Device or the number of Smart Devices associated with a VREEDA Customer Account.

(5)   VREEDA will inform the customer of measures according to paragraphs (1) to (4) in advance by text form message.

(6) Insofar as VREEDA takes the measures according to paragraphs (1) to (4) at its reasonable discretion, any liability of VREEDA towards the affected customer is excluded.

§ 12 Indefinite Contract Period, Termination

(1) This contract is concluded for an indefinite period.

(2) The customer can terminate the contract for the use of the respective VREEDA product and the associated VREEDA IoT Services at any time and without giving reasons with immediate effect.

(3) VREEDA can terminate the contract at any time with a notice period of six weeks to the end of the calendar month without giving reasons to the customer. This does not affect VREEDA's right to extraordinary termination for good cause, particularly in the cases explicitly stated in these General Terms and Conditions.

(4) Notice of termination is generally given in text form.

(5) The customer can also (implicitly) give notice of termination by deleting his VREEDA customer account or deactivating the respective VREEDA app and sending the order to delete his customer account by email to kundenservice@vreeda.com . The customer will find information about such a deletion or deactivation in the VREEDA customer service portal.

§ 13 Limitations of Liability

(1)    VREEDA is only liable without limitation for damages that are based on an intentional or grossly negligent breach of contractual obligations towards the customer by VREEDA as well as injury to life, limb or health of the user.

(2)    In the event of a slightly negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the customer may regularly rely to a particularly high degree (essential contractual obligations/cardinal obligations), VREEDA's liability is limited to foreseeable and typically occurring damages. Damage caused by using the VREEDA app on mobile devices with full administrative access (e.g. rooting on Android) is considered unforeseeable. In all other cases of slightly negligent breach of contractual obligations, VREEDA's liability is excluded.

(2) VREEDA is not liable for damage caused by misuse of the customer's password or incorrect entries by the customer. VREEDA is also not liable for damage caused by usage restrictions in connection with partner apps or third-party firmware.

(3) Furthermore, VREEDA assumes no liability for business interruptions of the VREEDA IoT Services due to normal maintenance times, as well as in the event of force majeure or disruption of labor peace or in the event of a system failure. The usability of the VREEDA IoT Services may be subject to sporadic interruptions and failures for various reasons beyond the control of VREEDA, such as interruptions in the Wi-Fi connection, interruptions in the Internet connection, system-immanent malfunctions at providers or network operators or other software or hardware defects in external system elements. The customer acknowledges this risk of limited availability of the VREEDA IoT Services. VREEDA is not responsible for any damage caused by interruptions or other defects of External System Elements.

(4)   VREEDA assumes no liability for the availability of free VREEDA IoT Services.

(5) Insofar as the liability of VREEDA is excluded or limited according to these provisions, this also applies to the liability of the organs, vicarious agents and vicarious agents, including the employees of VREEDA and affiliated companies within the meaning of Sections 15 et seq. AktG.

(6) Further limitations of liability are regulated in Section 5, Section 9 (3), Section 11 (6) and Section 16 (4) of these VREEDA Terms of Use.

§ 14 Data processing

(1)   In all data processing operations (e.g. collection, processing and transmission), VREEDA acts in accordance with the statutory provisions.

(2)   Further information on the type, scope, location and purpose of the collection, processing and transmission of the personal data required for the use of the VREEDA product and the associated VREEDA IoT Services can be found in VREEDA's data protection declaration. The customer can find the currently valid version of the data protection declaration via the VREEDA app, the VREEDA website and the VREEDA customer service portal. Available in the VREEDA customer service portal at:

https://kundenservice.vreeda.de/portal/de/kb/articles/data-protection-regulation-vreeda-app-according-to-the-eu-gdpr

The data protection declaration is not part of these GTC or the contract between the customer and VREEDA and may change from time to time and should therefore be checked regularly and carefully.

(3)   VREEDA takes state-of-the-art measures to protect data against unauthorized access. Nevertheless, it is pointed out that the state of the art cannot completely prevent third parties from gaining unauthorized access to this data.

(4 ) The customer has the option of using a VREEDA product and the associated VREEDA IoT services via partner apps. The partner company is exclusively responsible to the customer under data protection law for the control of smart devices via a partner app and the associated data processing. VREEDA has no influence on this. When the partner company deals with the customer's personal data, the customer must observe the partner company's terms of use and data protection notices. In order to use the VREEDA IoT Services via a partner company's app, the partner company must be able to access the data stored in the VREEDA Cloud and control the VREEDA IoT Services via it. This requires the prior consent of the customer to the partner company. 

The customer can revoke the consent given at any time, so that the link is removed again and the use of a VREEDA product and the associated VREEDA IoT Services via partner apps is then no longer possible.

§ 15 Third-Party W​​​ebsite Content

The VREEDA App may contain links or hyperlinks to third party websites that are not under the control of VREEDA. VREEDA is in no way responsible for the content of these third-party websites (including the content of the app stores) . VREEDA provides such links or hyperlinks only as a convenience to the customer. The inclusion of any link or hyperlink to any third party website does not imply VREEDA's endorsement or endorsement of its content.

§ 16 Third-Party Products and Services, Partner Apps

(1)   The use of the respective VREEDA product and the associated VREEDA IoT services generally requires the use of internet data connections or cloud services. This can result in additional communication costs. These costs depend on the respective mobile phone and Internet provider and the respective tariff selection of the customer and are to be borne by the customer himself.

(2)   Third-party services integrated into the VREEDA App expand the options for using the VREEDA App in favor of the customer. As a rule, the use of these third-party services requires the customer to set up a user account with the third-party provider in connection with acceptance of the third-party provider's general terms and conditions of use. 

(3)   The provision of third-party services as part of the VREEDA App represents an additional functionality for the availability of which VREEDA is not responsible and the provision of which VREEDA can restrict, suspend or discontinue at any time without prior notice. The third party concerned is solely responsible for the provision of these third-party services. VREEDA assumes no liability in this regard. 

(4) VREEDA enables the use of the respective VREEDA product and the associated VREEDA IoT Services via VREEDA-approved partner apps that connect to the VREEDA Cloud and the customer's smart devices. 

In this case, the contract is concluded exclusively between the customer and the respective partner company. In this case, there is no contractual relationship between the customer and VREEDA. 

company and not VREEDA is solely responsible for the partner app, its availability and the corresponding terms of use.

VREEDA assumes no liability for the availability of VREEDA IoT Services via the partner app. VREEDA may restrict or discontinue the availability of VREEDA IoT Services via the Partner App at any time without notice or suspend access. The customer is not entitled to the originally granted use of VREEDA IoT Services via the partner app. VREEDA is entitled not to activate certain functionalities in the partner apps - for example for security reasons.

§ 17 Third-Party Licensing, Legal Succession

(1)    If the customer leaves smart devices permanently to a third party, he is obliged to reset the respective firmware to the integration mode. The customer will find instructions on how to do this in the FAQs that can be called up via the VREEDA customer service portal. In this case, all data and settings stored on the respective smart device will be reset. In addition, the respective smart device must be deleted within the VREEDA app. With this deletion process, this contractual relationship between VREEDA and the customer with regard to the deleted Smart Device ends.

(2)    The rights and obligations of the customer within the framework of the contractual relationship with VREEDA are not transferable. If the customer leaves a smart device to a third party and does not delete it within his VREEDA app, the customer remains responsible for compliance with the provisions of this contractual relationship. 

(3)    VREEDA is entitled to transfer the rights and obligations arising from the contract to a legal successor at any time, provided this is a company in which VREEDA holds the majority.

§ 18 Severability clause , no ancillary agreements

(1) Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

(2) There are no verbal ancillary agreements to these VREEDA Terms of Use.

§ 19 Place of Performance, Choice of Law, Place of Jurisdiction

(1) The place of performance for all services owed by VREEDA is Essen as the place of business of VREEDA.

(2) German law applies. However, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the country in which the customer usually resides is not withdrawn (principle of favourability).

(3) The provisions of the UN Sales Convention expressly do not apply.

(4) The non-exclusive place of jurisdiction for all disputes arising from this contractual relationship is Essen as the place of business of VREEDA.

(5) 19.4 applies accordingly if the customer is a consumer but has no domicile or habitual abode within the European Union or his domicile or habitual abode is not known at the time the action is filed.

(6) The authority to appeal to the court of another legal place of jurisdiction remains unaffected.

§ 20 Alternative (Online) Dispute Resolution

(1) The European Commission provides consumers with a platform for out-of-court online dispute resolution (so-called OS platform), which can be accessed at https://ec.europa.eu/consumers/odr .

(2) VREEDA is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.