Terms of use

1. Scope of Application

a. These General Terms of Use apply to contracts concluded by users via the website www.mealjam.com (hereinafter referred to as the "Website") for the purpose of offering content to third parties. Users are hereinafter referred to as "Providers."

b. The operator of the Website and thus the contracting party of the Providers is KiezCode GmbH, Stargarder Straße 50, 10437 Berlin (hereinafter referred to as the "Operator").

c. Certain functions of the Website can only be used after acceptance of these contractual terms as part of registration. A user agreement between the Operator and the Provider is concluded upon registration on the Website.

d. Other contractual terms of the Providers shall not apply unless the Operator expressly agrees to them.

e. These Terms and Conditions apply exclusively to Providers who are at least 18 years old.

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2. Subject Matter of the Contract

a. The Website serves as a portal for services related to meal plans and nutritional advice. Providers may upload self-created content and plans to the Website and offer them via the Operator. These are intended to be plans and consultations that are not tailored to specific individuals, but can be used by a specific group of people. The content is offered as digital content on the Website, with the sale and payment process being handled by the Operator – this results in a contract being concluded between the third party and the Operator. No direct contract is concluded between the third party and the Provider.

b. The offering of content is therefore reserved for Providers who have registered on the Website and who meet the requirements of these Terms and Conditions.

c. The Operator reserves the right to review and reject uploaded offers without stating reasons. This serves to ensure quality and compliance with the standards of the Website.

d. The Operator strives to continuously develop, maintain, and make the Website available. The Website is continuously adapted to various factors, such as market requirements and technical or economic conditions, following reasonable consideration. Therefore, the service includes the Website in its current development stage. Providers have no claim that the service remains unchanged in content and scope or includes certain features. Likewise, there is no claim that the service is always accessible and available or functions without errors.

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3. Registration, Provider Account

a. A user agreement between the Operator and the Provider is concluded upon registration by the Provider on the Website.

b. The use of sales features requires confirmation and activation by the Operator.

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4. Costs, Remuneration

a. Registration is free of charge for Providers, as is uploading content.

b. If a contract is concluded between the Operator and a third party regarding content provided by a Provider on the Website, a previously agreed percentage-based remuneration will be paid to the Provider (credit), based on the net sales price paid by the third party to the Operator.

c. If the contract concluded between the Operator and the third party is canceled (revocation, withdrawal, etc.) or if the third party fails to pay, the Provider shall not be entitled to any remuneration. The Operator is not obliged to enforce a claim in court.

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5. General Obligations of Providers

a. When registering on the Website, Providers are obliged to fill in all fields provided in the registration form truthfully and accurately. Successful registration is only possible if all mandatory fields are completed.

b. Providers must not engage in any actions that could cause an unreasonable or excessive burden on third parties, other Providers, the Website, or the Operator.

c. Providers are also not permitted to bypass the Website by, for example, selling offered content outside the Website in order to avoid the Provider's commission obligation in favor of the Operator.

d. Providers may only be registered on the Website with one account at a time. If a Provider loses their login data, they are obliged to contact the Operator immediately.

e. Selling or transferring the Provider account to third parties is not permitted. This also applies to the use of a Provider account by third parties.

f. Providers are obliged to transmit the required information to the Operator in accordance with the requirements of the PStTG. If the information provided is no longer up-to-date, the changes must also be reported to the Operator without delay. If the Provider fails to comply with this obligation despite a request and deadline, the Operator is entitled to deactivate the Provider account.

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6. Provider Obligations Regarding Contract Fulfillment

a. The Provider is obliged to make the provided content available to a third party as offered, if a corresponding contract has been concluded between the Operator and the third party.

b. The content description must be complete and truthful, as well as correctly categorized.

c. The content must not violate the rights of third parties or common decency. This particularly includes trademark rights, copyrights, and personal rights.

d. Providers undertake to handle the buyer's personal data in accordance with the GDPR and the BDSG.

e. Providers are free to decide the extent to which they wish to make their content and offers available free of charge.

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7. Sales Contracts Between Operator and Third Parties, Payment Processing

a. The Operator is the contracting party with third parties and provides them with the Providers' content when a contract is concluded between the Operator and the third party.

b. Payment for contracts concluded between the Operator and third parties via the platform is processed via an external payment provider ("Stripe").

c. The Operator will issue a credit note plus VAT to the Provider when content is sold on the platform by the Operator.

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8. Uploaded Content, Indemnification

a. Providers shall indemnify the Operator from all claims asserted by other users or third parties against the Operator due to alleged violations of the law caused by uploaded offers or other content. The indemnification includes the costs of the Operator's necessary legal defense, including all court and attorney fees at the statutory rate.

b. Providers are obliged to support the Operator as required in the event of a claim by third parties, for example, by promptly, truthfully, and fully providing all information necessary for examining the claims and defending against them.

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9. Blocking & Deleting Provider Accounts

a. The Operator exercises domiciliary rights over the Website. In the event of violations of these terms, laws, and/or other rules published on the Website, the Operator may exclude Providers from using the Website temporarily or permanently without notice and issue a ban.

b. Providers permit the Operator to delete or block their accounts, sales actions, and functions at any time. Providers also have the option to delete their accounts themselves.

c. In the event of deletion and/or blocking of a Provider account, third parties (customers of the Provider) will still have access to content they have already paid for.

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10. Liability under Telemedia Law, Limitation of Liability

a. Providers acknowledge that the Operator assumes no responsibility for content that it has not created itself or has not become aware of.

b. The Operator is only liable, except for injury to life, limb, and health and for the breach of essential contractual obligations (cardinal obligations), for damages resulting from intentional or grossly negligent conduct. This also applies to indirect consequential damages, particularly lost profits.

c. The limitation of liability in these terms also applies analogously to the Operator's employees and agents.

d. Mandatory national legal liability provisions remain unaffected.

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11. Rights of Use for Operating the Website

a. By uploading content to the Website, Providers grant the Operator a simple, unlimited, and royalty-free right to use the content within the Website and for promoting the sales offers outside the Website. This right includes, in particular, the right to make the content publicly accessible worldwide via other media in addition to the Website, to reproduce, distribute, and transfer it to third parties. The Operator reserves the right to promote the items offered by Providers using various measures (e.g., on third-party websites, social networks, or via newsletters).

b. By granting these rights, the Operator does not assume ownership of the Providers' content in the sense of liability regulations. The granting of rights is solely intended to facilitate the management and use of content in operating the Website.

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12. Changes to These Terms and Conditions

a. The Operator is entitled to change these General Terms and Conditions. Adjustments will only be made for valid and factual reasons and if they do not disturb the contractual balance between the Provider and the Operator. Such reasons may include legal and technical changes, user behavior, or unintended loopholes in the clauses. Changes will be communicated to the Provider via email and/or during their next visit to the Website.

b. The Provider has the right to object to the changes. In the event of an objection, the Operator reserves the right to terminate the existing contractual relationship with immediate effect.

c. The changes shall be deemed accepted and binding if the Provider does not object within 14 days.

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13. Data Access

a. The Operator has access to the following Provider data:

i. Company name, contact person, and address

ii. Product information

iii. Data on contracts concluded via the Website

iiii. Data relevant for payment processing

b. In the event of a sales contract being concluded, the Operator provides the following third-party data to the Provider:

i. Name

ii. Address

iii. Order data

c. Further information on the sharing of data can be found in the privacy policy.

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14. Complaint Management System, Out-of-Court Dispute Resolution

a. Providers agree to participate in the Operator's complaint management procedure if initiated by a third party. If a Provider fails to respond within three working days, the case may be decided in favor of the third party.

b. The Operator is not obliged to appoint or conduct mediators.

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15. Final Provisions

a. This contract is governed by German law, excluding private international law (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory provisions state otherwise.

b. The language of the contract is German, unless mandatory provisions state otherwise.

c. Place of jurisdiction and fulfillment is the Operator's registered office, unless mandatory provisions state otherwise.

d. If individual provisions of this contract are invalid or the contract contains gaps, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a reasonable provision shall apply that comes closest to the economic intent of the invalid clause. The same applies to filling any gaps.

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