TQ_Finder – Terms of Use

Please note that your use and access to our services are subject to the following terms. If you do not agree to all of the following, you may not use or access the services in any manner.

Welcome to TQ_Finder, a service provided by TechQuartier, Fintech Community Frankfurt GmbH (“TechQuartier,” “we” and “us”).

These Terms of Use (the “Terms”) apply to your use of TQ_Finder (the “Service”). If you have any questions, comments, or concerns regarding these terms or the Service, please contact us at policy@techquartier.com.

These Terms, together with our privacy policy are a binding contract between you and TechQuartier. By using the Service in any way, you agree to and accept all of these Terms, and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service.

 

Changes to the Terms of Use

We reserve the right to change, amend, replace or otherwise modify these Terms at any time. The time of the last modification is indicated at the end of these Terms. You are responsible for occasionally checking this site for updates.

In updating these Terms of Use, we will highlight this fact on the website. Add to this: If these Terms of Use are modified in a material way (e. g. for security reasons or legal or regulatory reasons), we will notify you in advance by sending an email to the email address provided by you and the amended Terms will become effective six (6) weeks after this notification. After such notice, you will not be obliged to continue using the Service, however, if you do not close your account within this period of six (6) weeks as described in the “Termination” section below, your continued use of the Platform after this six (6) week period will constitute your acceptance of the amended Terms.

Privacy Policy

TechQuartier takes the privacy of its users very seriously. For the current TechQuartier Privacy Policy, please click here.

Description of the Service

TQ_Finder is a digital matching platform for startup, corporate and other community members of TechQuartier. The aim of the Service is to provide a platform to accelerate collaboration within the community of TechQuartier.

Basics of using the Service

As part of using the Service, you may be required to sign up for an account, and select a password and email or user name (your “TechQuartier User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your TechQuartier User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Your right to access the Service is personal to you and you may not transfer your account to anyone else without our prior written permission.

If you’re agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorised to agree to these Terms on that organisation or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organisation or entity).

You’re responsible for any activity associated with your account. You will only use the Service and Content in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorised to use the Service.

Costs

The Service is free of charge for startup community members of TechQuartier. Any other members may charged for the service.

Content and Rights

The materials displayed or published or available on or through the Service, including, but not limited to, text, graphics, data, articles, information, photos, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service in any way.

You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s (including TechQuartier’s) rights. You may reference the Content with proper attribution to TechQuartier’s or the applicable owner; however, any other uses of the Content require TechQuartier’s prior written consent.

Anything you post, upload, share, store, or otherwise provide through the Service is your “User Submission”. Some User Submissions (such as data you contribute to TechQuartier) are viewable by other users. In order to display your User Submissions on the Service, you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant TechQuartier a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to translate, modify (including, without limitation, for technical purposes), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Service, as described in more detail below.  This is a license only – your ownership in User Submissions is not affected.

If you share a User Submission publicly on the Service and/or in a manner that more than just you or specified specific set of users can view, or if you provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (each of the foregoing, a “Public User Submission”), then you grant TechQuartier the licenses above, as well as a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all TechQuartier users and providing the Service necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Service and/or otherwise in connection with TechQuartier’s business.

You understand that TechQuartier owns the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, re-sell, sublicense, re-distribute, or otherwise exploit any aspect of the Service.

Restrictions

You represent, warrant, and agree that you will not contribute or submit any User Submission or other materials or otherwise use the Service or interact with the Service in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including TechQuartier);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardises the security of your TechQuartier account or anyone else’s (such as allowing someone else to log in to the Service as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);
  • Circumvents or attempts to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.

A violation of any of the foregoing is grounds for immediate account suspension or termination of your right to use or access the Service.

Responsibility

Any information or content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organisation from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We can’t guarantee the identity of any users with whom you interact when using the Service and we are not responsible for which users gain access to the Service.

You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Service.

TechQuartier has no control over, and assumes no responsibility for, the Content, accuracy, privacy policies, or practices of or opinions expressed in any third-party Services or by any third party that you interact with through the Service. In addition, TechQuartier will not and cannot monitor, verify, censor or edit the content of any third-party Services. By using the Service, you release and hold us harmless from any and all liability arising from your access to or use of any third-party Service.

Your interactions with organisations and/or individuals found on or through the Service, including payment and delivery of goods or services (if applicable), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TechQuartier shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that TechQuartier is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release TechQuartier, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.

If you become aware of any violation of this Agreement by a user of this Service, please notify us of such violation via [please insert email].

Notice

You may terminate this Agreement at any time by sending a written notice to TechQuartier, Platz der Einheit 2, 60327 Frankfurt am Main, Germany or to [please insert email for termination], and confirming this termination by removing all your content from your account or by deleting your account and terminating your use of the Service.

TechQuartier is also free to terminate (or suspend access to) your use of the Service or your account, for any reason in our discretion, including your breach of these Terms. TechQuartier has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Additionally, upon termination of your account TechQuartier may require you to expunge some or all of the Content in your possession, and you will do so promptly.

Assignment to third parties

TechQuartier may assign all or part of its rights and (if permitted by law) its obligations under this agreement to a third party at any time without notice, including, but not limited to, a natural or legal person acquiring all or substantially all of the assets or the entire or substantially all of the business of TechQuartier. You may not assign all or part of this agreement or the rights and obligations hereunder to a third party without the prior written consent of TechQuartier.

Disclaimer

All Content and Services are provided without guarantee, depending on availability and with all deficiencies.

While TechQuartier makes reasonable efforts to correct any errors or omissions in the Service as soon as possible after TechQuartier has gained knowledge of it, TechQuartier does not make any promises, warranties or representations of any kind (express or implied), with respect to the Service or any part of it. TechQuartier does not warrant that your use of the Service will be uninterrupted, timely, secure or error-free. that defects will be corrected or that the Service or any part thereof , the Content or the servers on which the Service is operated are free of viruses or other harmful components. TechQuartier does not warrant that transmissions of Content uploaded are secure or that any elements of the Service that are effective in preventing unauthorised access, distribution or downloading of Content are effective in any event, and TechQuartier does not warrant that your use of the Service is lawful in any particular jurisdiction.

TechQuartier and its subsidiaries, the companies associated with it, their legal successors and assignees and their respective employees, agents, directors, officers and shareholders expressively exclude all of the above warranties and all other warranties not expressly set forth in these Terms. In so far as the law of a jurisdiction excludes the exclusion of liability for implied or other warranties set forth above, the above exclusion of liability shall not apply insofar as the law of this jurisdiction applies to this contract.

Limitation of Liability

Under no circumstances shall the total liability of TechQuartier under this contract exceed EUR 100. TechQuartier and its subsidiaries, its affiliated companies, its legal successor and assignees and their respective employees, vicarious agents, directors, officers and shareholders are not liable for the following:

  • Loss or damage resulting from the following causes:
    • If you are unable to access or use the Service or any part or parts thereof, or to access or use any Content or external services via the Service.
    • Changes made by TechQuartier to the Service or any part of it, or temporary or permanent suspension or suspension of access to the Service or Content in all or any of its territories.
    • Against you by this parties with respect to an alleged violation of there third party rights in connection with your Content or use of the Service or in connection with an investigation by TechQuartier or a corresponding enforcement authority with regard to your use of the Service.
    • Errors or omissions in the technical operation of the platform or due to inaccuracy or a lack of content or information related to the Content.
    • If you give TechQuartier incorrect or incomplete information or if you do not keep your username or password appropriately secret.
    • Misconduct by other users or third parties using the Service, in particular if they violate the contract.
  • Loss or damage to the computer hardware or software, loss of data (including your content) or loss or damage due to a security breach; and/or
  • Loss profit or a loss incurred by you, which is an unforeseeable consequence of a violation of these Terms by TechQuartier. Losses are foreseeable if they can be considered by you and TechQuartier at the time you agree to these Terms, and therefore this does not include any indirect losses such as lost opportunities.

TechQuartier must be informed (via [please insert email]) as soon as possible about any claim or claim arising out of or in connection with your use of the Service.

In accordance with applicable law, the limitation or exclusion of liability for damages for costs incurred in connection with the performance of the contract and consequential damages may be admissible, so that the foregoing limitations or exclusions may not apply to you. In these cases, you acknowledge and agree that these limitation and exclusions constitute an appropriate and equitable distribution of risk between you and TechQuartier and constitute basic elements of the trade between you and TechQuartier, and that the liability of TechQuartier is limited to the maximum extend permitted by law.

These Terms do not limit the liability of TechQuartier, its subsidiaries, its affiliated companies, its legal successors, assignees and their respective employees, vicarious agents, directors, officers and/or shareholders, nor do they exclude them in the following cases:

  • due to death or personal injury caused by their negligence,
  • due to any form of fraud or deception,
  • due to wilful misconduct or gross negligence, or
  • due to any form of liability that cannot be limited or excluded by law.

Indemnification

You agree to indemnify and hold TechQuartier harmless from any and all claims, liabilities, damages, losses, expenses and costs, including reasonable attorneys’ fees, as long as they arise for the following reasons:

  • any violation by you of these Terms,
  • a claim by a third party for copyright infringement or other intellectual property rights or privacy violation due to hosting your Content on the Service and/or making it available to you by you for other users of the Service and/or actual use of your Content by other users of the Service or the linked services in accordance with these Terms and the terms and conditions you have established with respect to the distribution and sharing of your Content,
  • any activity related to your account, either by you or any other person accessing your account with or without your consent, unless such activity has been caused by an act or omission of TechQuartier.

Salvatorial Clause

Should one or more of the provisions of these Terms be illegal, invalid or unenforceable, this provision (s) shall be deemed severable and shall not affect the validity and/or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. The invalid provision will be replaced as quickly as possible by another provision that comes as close as possible to the commercial intent of the legally invalid provision.

Applicable law and place of jurisdiction

Unless otherwise required by mandatory law of the United States of America or of a Member State of the European Union,

  • this contract shall be governed by the laws of the Federal Republic of Germany, and
  • you hereby agree and TechQuartier agrees to submit to the exclusive jurisdiction of the courts in Frankfurt am Main, Germany to settle any disputes, lawsuits or legal proceedings arising in connection with this Terms.

[please insert date of last modification of the Terms]