Terms of Service

Terms and Conditions [“Terms”] to use the services of the GEEZY Mobile App.

1.GTC -Scope of Application/ GTC Amendments/ Foreign-Language-Versions/ Treaty Languages

1.1 GTC -Scope of Application

The provision of all services on the online platform: GEEZY-App and other services are always and exclusively based on the respective applicable and valid version of the GTC of GEEZY. Other conditions introduced by customers or others do not apply. The user declares consent to the GTC by registration or upon conclusion of the service agreement.

References to the validity of statutory regulations shall only have clarifying significance. Therefore, the statutory regulations shall also apply without such a clarification insofar as they are not directly changed or are explicitly excluded in these GTC.

1.2 GTC Amendments

GEEZY reserves the right to modify the GTC and the other provisions of the service agreement at any time. In the event of ongoing contractual relationship, GEEZX communicates the modified GTC to the user, at least six weeks before they enter into force, via e-mail, recognising that the user has an exceptional right of terminating the service agreement. If the user does not exercise the exceptional right of terminating the service agreement, in written form, within 30 calendar days upon receipt of the notice, the amended GTC shall be deemed accepted by the user for the ongoing contractual relationship between GEEZY and the user with effect from that date.

The currently valid version of the GTC of GEEZY is available at any time at www.geezyapp.com/terms-of-use

1.3 Foreign-Language-Versions

In different jurisdictions, the same words may have various meanings. Hence, in all cases of non-German versions of these GTC, the German legal meaning of such words remains authoritative.

1.4 Treaty Languages

The conclusion of the service agreement is done in either German or English language, according to user’s choice.

2. Headings/ Important Definitions

2.1 Headings

All headings in the GEEZY GTC shall only serve to facilitate legibility and have no influence on the significance and interpretation of the individual provisions.

2.2 Important Definitions

2.2.1

The user is considered a consumer (§ 13 BGB) insofar as he/she orders or commissions the provision of services for purposes which predominantly, viz. more than 50%, are neither commercial nor related to any self-employment. .

2.2.2

The written form of declarations and statements includes declarations and statements which are transmitted by means of fax or e-mail.

2.2.3

A Match is considered to be a one-vs-one game between two registered human users of GEEZY, regardless of specific video game and stakes.

3. Contractual Partner / Object of Agreement

3.1 Contractual Partner

3.1.1 Provider

The GEEZY services are provided by, and thus, the contractual partner for the user is:

GEEZY UG (haftungsbeschränkt)

Brönninghauser Str. 41

33729 Bielefeld

Email:   info@geezyapp.com

The complete contact data of the service provider can be found, at any time, within the imprint at www.geezyapp.com/imprint.

3.1.2 User

The services provided on GEEZY are solely directed towards individuals with full legal capacity and who, moreover, are legally resident in one of the countries which can be selected in the registration process.

If and insofar the user provides incorrect statements about his/her residency during the registration process (cf. clause 4), GEEZY has a right of challenge regarding the service agreement. All other rights remain unaffected.

3.2 Object of Agreement

Following a registration according to clause 4 and possibly under additional conditions as well (cf. clause 6), GEEZY provides its users the possibility to play various skill-based games via the internet including winning opportunities and possibly in different modes (i.e. “one-vs.-one”, “tournament”) for specific video games (PC, console).

When doing so, and for specific video games, the user has the possibility to compete in a form of “sporting competition” between humans (eSports) with other users for a certain stake amount. The stake can consist of either a platform’s own (unreal) play money [GEEZY-Money] or real money. GEEZY provides its users with an according online platform for engaging in and for carrying out the described competition against each other as well as for other services (i.e. acceptance, safekeeping as well as payout of real money, etc.) which are related to the processing and settlement of the competition.

Therefore, it is distinguished between two types of users: probational-player (cf. clause 5) and money-player. Certain services provided by GEEZY are fee-based for money-player.

4. Registration / Conclusion of Service Agreement / Particular Obligations and Responsibilities of the User / Scope of Use / No Transfer

4.1 Registration

4.1.1

In order to access the services at GEEZY, the user has to register a user-account at GEEZY. The registration is free of charge for the user. The user has no legally valid claim for a registration. GEEZY holds the right to deny registration without giving any reason.

4.1.2

During the registration the user has to use the respective input form at GEEZY as well as provide complete, truthful and up-to-date information. Changes which may occur subsequently (i.e. contact address or bank details) have to be updated immediately by the user within the respective user-account.

4.1.3

The registration is permitted only if:

  • The user has not already created a user-account at GEEZY or already uses a user-account;
  • The user was previously not prohibited to use the services of GEEZY or his previous user-account has not been banned;
  • The user is considered fully legal competent (has full legal capacity), under the jurisdiction of the state in which the user is resident;
  • The user is prohibited to use the services of GEEZY, according to the jurisdiction of the state in which the user has his/her domicile or ordinary residence.

GEEZY holds the right to check and verify the requirements for a registration at any time and without giving any reason. For this purpose, the user is obliged to cooperate, in particular by providing suitable proof (i.e. supporting documents) when requested by GEEZY. If the user does not comply to his/her obligation to cooperate, GEEZY holds the right to delete the corresponding user-account and to ban the user (cf. clause 9.2.2).

4.1.4

Upon registration, the user has to decide on and enter a user-name which is visible for all users of GEEZY. The user is obliged to choose a user-name which does not violate any laws, moral standards or third-party rights.

GEEZY can, at its own discretion, check and verify the users’ compliance with those obligations and, in case of breach, require the user to change the user-name or perform a change by itself. In cases which are particularly severe, GEEZY can delete those respective user-accounts and ban the user (cf. clause 9.2.2).

4.1.5

Upon registration, the user has to choose and enter a secure password for his user-account. The user must keep the password secret and not disclose to third parties. If the user becomes aware of an unauthorised usage of his/her user-account, the user must immediately inform GEEZY in writing.

4.1.6

The user exempts GEEZY from all third party legal claims from culpable infringements of his/her obligations from these provisions during the registration process, conducted by the user. The user has, thereby also, to refund GEEZY the costs of the necessary legal defence.

4.2 Conclusion of Service Agreement

Before completion of the registration-process, the user has the possibility to check and verify the entered information in order to correct potential input errors. The registration process is completed by him/her clicking on the “Register Now” button. This represents a binding offer by the user for concluding a service agreement with GEEZY. The offer can only be made and transmitted, after the user accepts the GEEZY GTC and includes them into the binding offer, by clicking on the “Accept GTC” button.

After that, GEEZY sends an automated acknowledgement of receipt via e-mail to the user, in which the registration of the user is stated again so that the user has the possibility to print the registration via print-function.

The automated acknowledgement of receipt only documents that the registration performed by the user has been received by GEEZY and it does not represent any acceptance of the offer.

The registration is not complete until GEEZY accepts the offer, in a separate declaration of acceptance which is sent via e-mail (registration confirmation) to the user, and hence, confirms the conclusion of a service agreement between GEEZY and the user.

As soon as the user clicks on the confirmation-link within the registration-confirmation-e-mail, the user-account is activated and can be used by the user as a probational-player.

4.3 Particular Obligations and Responsibilities of the User

When using the services provided by GEEZY, the user must comply with all laws, rules and regulations of the country and state of his/her domicile or legal residency. GEEZY is in no way liable for the legal admissibility of its services.

4.4 Scope of Use

4.4.1

The user can use the services provided by GEEZY. GEEZY can make the usage of its services subject to certain requirements such as minimum age, type of membership (probational-player or money-player), and other specific rules.

4.4.2

The usage entitlement of the user is limited to the current state of technology. Usage limitations may occur (temporarily) at any time due to technical malfunctions or maintenance work.

4.4.3

The user himself/herself is responsible for the compatibility and appropriateness of the hardware and software he or she uses as well as the internet connection used for GEEZY.

4.5 No Transfer

The service agreement, user-account, and any corresponding rights can only be transferred to a third-party, if GEEZY confirms the transfer in written form for each individual case.

5. Special Terms and Conditions for Probational-Playersr

At the moment there are no special conditions for Probational-Players

6. Special Terms and Conditions for Money-Players

6.1 Registration

For the full and complete usage of the services of GEEZY, as a money-player, the user must have provided all required information within the registration process. The services, which a money-player can use, are subject to fees.

6.2 Deposit of Money

6.2.1 Top-up

Only after a successful registration, the user can top-up his virtual account balance. There is no obligation to top-up the virtual account balance. However, without a positive balance, the user is only considered a probational-player including the hence limited options to use the GEEZY services.

The user sends the desired amount of money via a payment method authorised by GEEZY (i.e. PayPal, bank transfer, etc.) to an administration bank account stated for this purpose. GEEZY can determine particular minimum and maximum amounts for such payments.

The deposit on the account is not subject to interests.

6.2.2 Costs

GEEZY reserves the right to reclaim possible costs (i.e. returned payments, chargebacks, etc.) which may occur due to incorrect payments performed by the user. GEEZY is authorised to offset such costs directly against the balances of the user-account.

6.3 Virtual Account Balance

6.3.1 Account Balance

Following the receipt of the irrevocable payment on the administration-account of GEEZY, the user is credited the according amount on his virtual account balance.

As soon as the money on the virtual account balance has been credited, the user is enabled to use it exclusively for the services and functions provided by GEEZY (i.e. as a stake for money-player matches or for other fee-based services [transactions]. Any other usage except for these purposes is not possible.

6.3.2 Settlements

Within the virtual account balance all transactions of the user such as possible rewards, bounty payouts, etc. are registered which means i.e. stake amounts for matches are deducted and winning prizes are credited. Changes within the virtual account balance of the user lead to corresponding reallocations within the GEEZY administration bank account.

6.3.3 Balance Limits

The credits on the virtual account balance of the user are limited to a maximum of EUR 5000.00 [balance limit]. If a deposit would result in the account balance exceeding that limit, a withdrawal of the difference amount is automatically generated.

6.4 Payout Modalities

6.4.1 Payout Request and Conditions

The user has, at any time, the possibility to request (in written form) a conversion of his/her virtual account balance via a withdrawal from the GEEZY administration account to the user.

For such a case of a withdrawal, however, a condition is that the user needs to have done at least one transaction. [Pay-out condition]. In this sense, such a transaction does also include the case if any fees according to these GTC are debited from the user’s balance.

6.4.2 Payout and Possible Costs

The payment of the credit account is only possible against a general processing fee of EUR 2.50 of the amount to be paid out.

6.4.3 Duration

If the pay-out condition is fulfilled, the withdrawal takes place not later than 30 calendar days following receipt and examination of the withdrawal order to the payment address provided by the user (e.g. bank account or PayPal) with a discharging effect to GEEZY.

6.4.4 Bonuses, Special Payments

The user has no right to require withdrawals of any bonuses awarded (i.e. debit bonus) and entry credits from campaigns, prize draws, bonus-systems. In such cases, the user will be informed accordingly by GEEZY during the payment process or participation in a campaign that the amount awarded is exclusively for the virtual account balance and does not justify any rights for withdrawal.

6.4.5 Payout Impediment

If a withdrawal payment to a payment address provided by the user is not possible, the user is obligated, following a request by GEEZY, to provide an alternative payment address within 30 calendar days following the request. Should the user fail to provide an alternative payment address or is a withdrawal to the alternative payment address not possible, GEEZY holds the right to charge a monthly fee according to the current price list of GEEZY for the custody of the account balance. This monthly fee is debited to the balance of the user when due and, thus, reduces the users claim for payment accordingly.

6.4.6 Limitation Period

The entitlement of a withdrawal payment is subject to the regular limitation period according to § 195 BGB. The limitation begins at the end of the year in which the cancellation and/or deletion of the user account occurs.

6.4.7 Right for Legitimation Verification and Identity Verification

GEEZY is not obliged to verify the legitimation of the account holder prior to carrying out a requested withdrawal. However, GEEZY holds the right, for security reasons, to make the process of withdrawing money conditional on the legitimation verification. In this case, the user is obliged to provide GEEZY with a copy/scan of a proof of identity (i.e. Identity Card or Passport) along with the written withdrawal request and the bank and account details.

6.4.8 Inactivity of the User

GEEZY holds the right to charge the user with a fee in case of inactivity [Inactivity fee] in order to ensure continuity of services. Inactivity, in this sense, occurs when the user makes less than 30 transactions within 6 months. The inactivity fee amounts to EUR 15.00. The inactivity fee is due when inactivity occurs and is debited to the user account balance.

6.5 Special Terms and Conditions for Money-Player Matches

The participation in money-player matches is fee-based.

6.5.1 Participation Requirements

6.5.1.1 

In order to participate in a money-match, the user requires a user account at GEEZY with a minimum virtual account balance of EUR 0.50.

6.5.1.2

The respective games for which GEEZY provides its service must be legally purchased by the user. Any liability of GEEZY for failures or interruptions of the games is excluded.

6.5.1.3

The user is personally responsible for the utilised hardware and software as well as internet connection are appropriate for using the GEEZY platform. Any liability of GEEZY, for any hardware failures, software failures, or internet connection failures of the user, is excluded.

6.5.2 Conclusion of a Service Agreement (carrying out a match)

GEEZY reserves the right to limit the number of participants of matches, tournaments in general and temporarily.

6.5.2.1

The user first selects the video game and a sum of money as the stake for the match. By clicking on the “Start search” button, the user is brought together with a randomly selected other user whose stake is the same (or whose stake-ranges overlap). For stake-ranges, the mean value of the overlap is set as the input amount. The binding entry to the assigned match takes place by clicking the button “Accept” in the “Opponent Found” window by the user. This constitutes a binding offer of the user to conclude a fee-based service contract with GEEZY. The offer can only be submitted and transmitted if the user has accepted these terms and conditions of GEEZY by clicking on the button “Accept terms and conditions” and thereby included in his offer.

GEEZY accepts this agreement by matching the user with another user and thus, allowing them to engage in a match.

The fulfillment of the service ordered by the user at GEEZY begins with the admittance of the user to the match and ends with its termination.

6.5.2.2

In each case, the stake amount is immediately deduced from the respective virtual account balances of the users.

The stake amounts of both users less match-fees constitute the prize money for that match [match-prize money] which is displayed at the beginning of the match.

6.5.2.3

The costs that are going to be incurred for the participation in the match [match-fees] are shown to the user prior to the binding offer. The match-fees are calculated using a percentage of the respective stake amounts for the match (12,5%). The match-fees are due for payment to GEEZY immediately and are deduced automatically from the prize money.

6.5.2.4

After completion of the match, the winner is credited the match-prize money to his/her virtual account balance.

6.5.3 Match-Termination

6.5.3.1

If a user does not show up to a binding match or cancel the match, the match is considered lost for this user. The match-prize money is credited to the other user (match-opponent).

6.5.3.2

If a technical failure, which is not caused by any user participating in a match, leads to an early cancellation of the match, then the user who is leading at the moment of interruption is considered the winner. If a winner cannot be determined, the stake amounts are refunded (including the match-fee) to the users. There are no further rights or claims of the user involved in a match-cancellation against GEEZY, and in particular no compensation.

6.6 Prohibitions of abuse

The user is prohibited from any abuse and fraud attempts on GEEZY. Particularly prohibited is:

  • The intentional communication of wrong or incomplete information at the registration process or thereafter;
  • The use of multiple user accounts;
  • Any manipulation of match-results, for instance by using cheats or other inadmissible means;
  • Deception of other users (players);
  • Exploitation of possible security gaps on the GEEZY platform or in the video games
7. Delays in Service Delivery/ Delivery Time

 7.1 Delays in Service Delivery

GEEZY is not liable for delays in service delivery resulting from force majeure or exceptional and unforeseeable events (such as terror attacks, strike, lock-out and other disturbances, seizure, total or partial failure or loss of subcontractors or other circumstances for which GEEZY shall not be liable, unless GEEZY exceptionally accepts procurement risk or a supplier warranty explicitly).

Such events entitle GEEZY to postpone the service for the duration of the impeding event. GEEZY will immediately inform the user about the (temporary) unavailability of service. In the aforementioned cases, GEEZY holds the right to withdraw from the agreement, if it is not a temporary impediment of service.

7.2 Delivery Time

The service provision by GEEZY begins, if nothing else has been agreed upon, with the activation of the user account or with admission of the user to a money-player match.

8. Cancellation Policy/ Sample Withdrawal Form

8.1 Cancellation Policy

The following instruction about the right of cancellation only applies to users who are consumers:

Beginning of the instruction about the right of cancellation

Right of Cancellation

You hold the right to cancel this agreement within fourteen days and without providing a reason.

The cancellation deadline is fourteen days of the day of agreement conclusion.

In order to exercise your right of cancellation, you must inform us,

GEEZY UG (haftungsbeschränkt)

Brönninghauser Str. 41

33729 Bielefeld

Email:   info@geezyapp.com

with a clear statement (for instance a letter distributed by mail, telefax, or e-mail) about your decision to cancel this agreement. For this, you can use the enclosed sample-withdrawal form, which, however, is not required.

The timely dispatch of the cancellation statement shall be deemed sufficient for compliance with the cancellation policy.

Consequences of Cancellation

On your cancellation of the agreement, we refund all payments which we received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method different from our lower-cost standard delivery), immediately and not later than within fourteen days from the day we received the notice of your cancellation of this agreement.

For this refund we utilise the same payment method as used for the initial transaction, unless we have agreed with you to use another method; in no case you are charged any fees for this refund.

If you have requested that our service shall begin within the withdrawal period, you have to pay an appropriate amount, which represents the proportion of already provided services compared to the overall scope of service until the time when we received the information about your exercise of the right to cancel this agreement.

End of the information about rights of cancellation

8.2 Sample Withdrawal Form

If you want to cancel the agreement, fill out and send us this form.

To

GEEZY UG (haftungsbeschränkt)

Brönninghauser Str. 41

33729 Bielefeld

Email:   info@geezyapp.de

I/We* hereby give notice that I/We* withdraw from my/our* agreement of the following goods*/provision of the following service

Ordered on (*)/ received on (*)

Name of the consumer(s)

Address of the consumer(s)

Date, signature of the consumer(s) (only when written notice)

(*) Delete whatever does not apply

9. Term of Agreement/ Termination/ Legal Consequences of Termination

9.1 Term of Agreement

The license agreement between GEEZY and the user is valid for an indefinite time.

9.2 Terminations

9.2.1 Termination by the User

The user has the possibility to terminate the license agreement between GEEZY and the user at any time in written form, if the user is not in an on-going match or an unsolved ticket exists.

In order to terminate the license agreement, the user can use the function “irrevocably delete user account” provided on GEEZY. For the consequences of the termination clause 9.3 applies.

The users right of termination for an extraordinary reason shall not be affected.

9.2.2 Termination by GEEZY

GEEZY holds the right to effect a standard termination of the license agreement at any time, upon a prior notice period of two weeks to the end of the month in written form.

The legal consequences arise from clause 9.3. No further reaching claims of the user exist.

In addition, GEEZY holds the right to effect an extraordinary termination for an important reason. An important reason, in this sense, exists in particular:

  • If the user culpably violates his/her obligations from 4.1.2 or 4.1.5;
  • In the cases described in clause 4.1.3 and clause 4.1.4, in which GEEZY holds the right to lock and delete the user account;
  • If the user violates the prohibition of abuse in clause 6.6;
  • If the user utilises the services of GEEZY in order to distribute or store viruses, Trojans, or any other malicious software/ programs.

9.3 Legal Consequences of Termination

9.3.1 Deletion of User Account

In case of cancellation, the user account is irrevocably deleted.

9.3.2 Withdraw Accounting

A possibly existing balance on the virtual account of the user will be refunded within 30 calendar days following the termination, if the withdrawal conditions in clause 6.4 are present.

9.3.3 Withdrawal-fee and Right of Retention

In case of an extraordinary termination through GEEZY, a one-time fee of EUR 15.00 accrues which is due immediately and will be deduced from the account balance of the user.

In this case, GEEZY does also hold the right to retain the payment, if GEEZY or another user has possible claims for compensation towards the user.

9.3.4 Suspension of Users

In case of an extraordinary termination, GEEZY holds the right to permanently suspend the user from any services on GEEZY.

10. Availability/ Failures and Misuse/ Other Liability of GEEZY

10.1 Availability

GEEZY does neither guarantee a permanent availability of its services nor warrant the access to services or parts of services from every location.

10.2 Failure and Misuse

GEEZY accepts no liability for any errors regarding input, transmission, and/or evaluation as well as for any losses/damages which may result for the user from a abusive use of user account balances through a third party.

10.3 Other Liability of GEEZY

 10.3.1 Disclaimer of Liability

Unless provided otherwise in these present general terms and conditions, any claims against GEEZY for damages and reimbursements, irrespective of any reason, are excluded, except if subject to the following clause 10.3.2.

This is also applicable in particular to claims for damage/loss resulting from offence (i.e. § 823 BGB).

If liability is excluded or limited, this is also applicable for the personal liability of employees, agents, representatives, or various agents of GEEZY.

10.3.2 Exceptions

The liability, pursuant to the aforementioned clause 10.3.1, does not apply:

  • insofar as the cause of damage/loss are based on intent or gross negligence of GEEZY, agents, or various agents;
  • for culpable breaches of essential contractual obligations whereas any claim for compensation is also limited to typical contractual foreseeable damage when the contract is concluded. Essential contractual obligations are obligations that protect the legal positions of contractual partners, which the contract is meant to grant according to its content and purpose; essential are such contractual obligations, the fulfilment of which renders the performance of the contract possible and on fulfilment of which the user usually relies and is allowed to rely;
  • for damages from injury to life, limb and health
  • in the event of default, when a date of delivery has been agreed upon;
  • if a defect is fraudulently concealed;
  • if a guarantee has been assumed and/or procurement risk or producer’s risk according to § 276 BGB through GEEZY;
  • in cases of statutory liability, in particular according to the German Product Liability Act (Produkthaftungsgesetz).

A reversal of the burden of proof to the disadvantage of the user is not connected with the preceding regulations.

11. General Rules of Communication

The users have the possibility to contact each other on GEEZY. The user is obliged to respect the following:

  • not to conduct or forward any surveys, contests or chain letters;
  • not to advertise or offer any goods or services
  • not to make statements which constitute a crime
  • not to infringe any third party rights;
  • not to distribute any malicious software (malware)
12. Licensing/ Public Relations

 12.1 Licensing

The user concedes all rights of general use for his/her uploads, pictures, screenshots, posts, contributions, and transmissions [user products], i.e. in forums or chat on GEEZY, with no restriction as to date or territory and free of charge.

12.2 Public Relations

GEEZY is authorised to use or reproduce the user name, photographs or screenshots, amounts won by a user, etc. at GEEZY’S own discretion and also to make those available to the public for marketing purposes in print and online media as well as broadcast and television. The user is not entitled to any compensation

13. Saving of Contract Text/ Notes on Data Processing

 13.1 Saving of Contract Text

The contract text is not saved by GEEZY and is insofar not accessible for the user.

13.2 Notes on Data Processing

During the accomplishment of these contractual regulations GEEZY collects user data. In doing so, GEEZY follows especially the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and German Tele-media Act (Telemediengesetz).

Without the consent of the user, GEEZY will collect, process or use personal data and usage data of the user only insofar as it is required for the conclusion and performance of the contract.

Without the consent of the user, GEEZY will not use user data for advertising, market research or opinion research.

Further information about the processing of personal data of the user can be found in the privacy statement of GEEZY.

13.3 Newsletter

When you register with GEEZY, an activation email will be sent to your specified email address, which will allow us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.

The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.

The data you archive with us for the purpose of the newsletter subscription shall be archived by us until you unsubscribe from the newsletter. Once you cancel your subscription to the newsletter, the data shall be deleted. This shall not affect data we have been archiving for other purposes.

MailChimp

This website uses the services of MailChimp to send out its newsletters. The provider is the Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.

Among other things, MailChimp is a service that can be deployed to organise and analyse the sending of newsletters. Whenever you enter data for the purpose of subscribing to a newsletter (e.g. your e-mail address), the information is stored on MailChimp servers in the United States.

MailChimp is in possession of a certification that is in compliance with the “EU-US-Privacy-Shield.” The “Privacy-Shield” is a compact between the European Union (EU) and the United States of America (USA) that aims to warrant the compliance with European data protection standards in the United States.

With the assistance of the MailChimp tool, we can analyse the performance of our newsletter campaigns. If you open an e-mail that has been sent through the MailChimp tool, a file that has been integrated into the e-mail (a so-called web-beacon) connects to MailChimp’s servers in the United States. As a result, it can be determined whether a newsletter message has been opened and which links the recipient possibly clicked on. Technical information is also recorded at that time (e.g. the time of access, the IP address, type of browser and operating system). This information cannot be allocated to the respective newsletter recipient. Their sole purpose is the performance of statistical analyses of newsletter campaigns. The results of such analyses can be used to tailor future newsletters to the interests of their recipients more effectively.

If you do not want to permit an analysis by MailChimp, you must unsubscribe from the newsletter. We provide a link for you to do this in every newsletter message. Moreover, you can also unsubscribe from the newsletter right on the website.

The data is processed based on your consent (Art. 6 Sect. 1 lit. a GDPR). You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.

The data you archive with us for the purpose of the newsletter subscription shall be archived by us until you unsubscribe from the newsletter. Once you cancel your subscription to the newsletter, the data shall be deleted from our servers as well as those of MailChimp. This shall not affect data we have been archiving for other purposes.

For more details, please consult the Data Privacy Policies of MailChimp at: https://mailchimp.com/legal/terms/.

Execution of a contract data processing agreement

We have executed a so-called “Data Processing Agreement” with MailChimp, in which we mandate that MailChimp undertakes to protect the data of our customers and to refrain from sharing it with third parties. You may review this Agreement under the following link: https://mailchimp.com/legal/forms/data-processing-agreement/sample-agreement/.

14. Online Dispute Resolution (ODR)/ Note According to VSBG

14.1 Extrajudicial Settlement

The European Commission provides a platform for consumers for online dispute resolution, which can be accessed under http://ec.europa.eu/consumers/odr/

14.2 Note According to VSBG

GEEZY is neither willing nor obliged to participate in a dispute resolution process in front of a consumer dispute resolution office according to VSBG.

15. Choice of Law/ Place of Jurisdiction

15.1 Choice of Law

All agreements and contracts between GEEZY and the user shall be subject to the Law of the Federal Republic of Germany, excluding the UN-Convention on Contracts for the International Sale of Goods and other unified laws, if thereby the user is not deprived of mandatory rules for minimum protection of the country in which the user has her/his permanent residence.

15.2 Place of Jurisdiction

If the user is a merchant, legal entity under public law, or public special asset, the place of jurisdiction for all disputes related to the legal agreement between the user and GEEZY, is Berlin. If the user, who is not a merchant, has no place of general jurisdiction in Germany, or if his/her ordinary residence or customary residence at the time of judicial enforcement is not known, the place of jurisdiction is Berlin as well.

In all cases, GEEZY is also entitled to file a suit at the place of general jurisdiction of the user. Primary statutory regulations, in particular beyond exclusive jurisdiction, remain unaffected by this provision.

16. Final Provisions

Should one provision of these GTC or a provision which has been added subsequently, be or become completely or partly ineffective, invalid, or unable to be enforced, or if a gap in these GTC and subsequent additions arise, the validity of the remaining provisions remain unaffected. § 306 sections 2 and 3 BGB remain unaffected.