Terms of use

Welcome to Whyzzer! 

 

These Terms of Use (the "Terms") govern your use of Whyzzer, unless we expressly state that separate Terms (and not these Terms) apply. They also provide information about the Whyzzer service (the "Service"), as explained below. When you create a Whyzzer account or use Whyzzer, you agree to these Terms of Service. 

 

The Whyzzer Service is one of the products provided to you by Whyzzer UG (haftungsbeschränkt). Therefore, these Terms of Use constitute an agreement between you and Whyzzer UG. 

Imprint

Whyzzer UG (limited liability)

Itzehoer Weg 4,

20251 Hamburg

hey@whyzzer.com

www.whyzzer.com

Managing director authorized to represent:

Benjamin Buthmann

 

Register court:

HRB 159373

Sales tax identification number

according to §27 a sales tax law:

VAT ID No.: DE 326186296

Jurisdiction Hamburg

 





 

The Whyzzer service

We are committed to providing you with the Whyzzer Service. The Service includes all Whyzzer products, features, apps, services, technologies and software that we provide to advance Whyzzer's mission: Sharing Knowledge in a social way and making it accessible for everyone. The service consists of the following aspects:

  • We connect you with exciting users and content that matches your stated interests. We want to make your experience on Whyzzer as positive and educational as possible. In addition, we are working on systems to provide you with more specific content and users in the future.

  • On Whyzzer, only verified users, so-called 'creators', have the possibility to upload content. This way we want to ensure the quality of the platform and shared content. Every user can easily apply as a creator in their profile and will then be verified by our moderators. After successful verification, each creator can share as much content as he/she wants. Any user, regardless of creator status, can share, save, rate and reuse content from other users and creators on the platform. 

  • Fostering a positive, inclusive, and safe environment.
    We develop tools and offer resources to members of our community to help make their experiences positive and inclusive, including when we think they might need support. We also encourage you to report abuse and violations of our Terms of Use and policies, as well as harmful and fraudulent behavior. We use the information we have - including your information - to keep our platform secure. In addition, we may share information about abuse or harmful content with law enforcement authorities.

  • Developing and using technology to help us serve our growing community end-to-end.
    Organizing and analyzing information for our growing community is a central aspect of our service. A large part of our service is creating and using cutting-edge technologies that help us personalize, protect, and improve our service at an extraordinarily large scale for a very large global community. Technologies such as artificial intelligence and machine learning allow us to apply complex processes to our service. Automated techniques also help us ensure the functionality and integrity of our service.

  • Ensuring access to our service.
    In order for us to operate our global service, we need to store and transmit data in our systems around the world, including to countries outside of the country in which you reside. The use of this global infrastructure is necessary and essential to the provision of our Service. This infrastructure may be owned or operated by affiliated companies.

  • Research and Innovation.
    We use the information we have to develop, test, and improve our service and to collaborate with others on research to make our service even better and contribute to the well-being of our community. This includes analyzing the data we have about our users and developing an understanding of how people use our services, for example, by conducting surveys and testing and bug-finding new features.

 

This is how our service is financed

You do not have to pay to use Whyzzer. We offer you to join so called 'Circles' - closed communities on our platform. These are individually created by creators on the platform and provided with content and other community tools. Each creator decides for himself if and how he wants to provide his circles with a price point. You as a user can then join either for a monthly subscription, a one-time payment or by logging in your user data. Whyzzer processes the payments and forwards them to the creator. A commission is retained here.

The data policy

In order to provide our service, it is necessary for us to collect and use your information. The Data Policy explains how we collect, use and share information. It also describes the many ways you can control your information, including in Whyzzer Privacy and Security Settings.

 

Your obligations

In exchange for our obligation to provide the Service, we require you to make the following commitments to us.

Who can use Whyzzer. We want our service to be as open and inclusive as possible, yet safe and secure and legally compliant. For this reason, it is required that you agree to abide by a few restrictions in order to be part of the Whyzzer community.

  • You must be at least 13 years old.

  • You must not be prohibited from receiving any aspect of our service under applicable law. In addition, you may not be prohibited from participating in payment-related services if you appear on a valid declined party list.

  • We must not have previously disabled your account for a violation of our policies.

  • You must not be a convicted sex offender.

You can't use Whyzzer like this. We all need to do our part so that we can provide a safe and open service to a broad community.

  • You may not impersonate anyone else or provide inaccurate or false information.
    While you are not required to disclose your identity on Whyzzer, you must provide us with accurate and current information (including registration information). This may include providing us with personal information. In addition, you may not impersonate someone or something you are not, and you may not create an account for someone else unless you have their express consent.

  • You must not do anything illegal, misleading or fraudulent, or do anything for an illegal or unauthorized purpose.

  • You may not violate these Terms of Use or our policies, including without limitation the Whyzzer Community Guidelines,(or assist or encourage others to violate them).

  • You may not do anything that disrupts or interferes with the intended operation of the Service.
    This includes, but is not limited to, abusing any reporting, dispute or appeal mechanism, such as submitting knowingly false or unsubstantiated reports or appeals.

  • You may not attempt to create accounts or access or collect information in an unauthorized manner.
    This includes, but is not limited to, creating accounts or collecting information in an automated manner without our express consent.

  • You may not sell, license, or purchase any accounts or any data obtained from us or our Service.
    This includes, but is not limited to, attempts to buy, sell or transfer any part of your account (including your username), solicit, collect or use login credentials or badges from other users, or solicit or collect Whyzzer usernames or passwords or unlawfully use access keys.

  • You may not post another person's private or confidential information or do anything that infringes another person's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit or pirated goods), without permission.
    You may use another person's work, if applicable, in accordance with any exceptions or limitations to copyright or related rights under applicable law. You represent and warrant that you own or have obtained all necessary rights with respect to the content you post or share. 

  • You may not modify or translate our products or their components, create derivative works of them, or reverse engineer them.

  • You may not use any domain name or URL in your username without our prior written consent.

You grant these permissions to us. As part of our agreement, you also grant us permissions that we need to provide the Service.

  • We do not claim ownership of your content, but you grant us a license to use it.
    Nothing changes with respect to your rights in your Content. We do not claim ownership of your content that you post on or through the Service. So you are free to share your content wherever you want. However, in order to provide the Service, we require certain legal permissions (called a "license") from you. If you share, post or upload Content that is protected by intellectual property rights (such as photos or videos) on or in connection with our Service, you hereby grant us a non-exclusive, transferable, sublicensable and worldwide license to host, use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works of your Content (subject to your privacy and app settings) for the purpose of providing the Whyzzer Service. This license terminates when your Content is deleted from our systems. You may delete Content individually or all at once (by deleting your account). To learn more about how we use information and how you can control or delete your content, visit the Whyzzer help section.

  • Use of your username, profile picture, and information about your relationships and actions with accounts.
    Your username, profile picture, and information about your actions (such as ratings, re-shares) or relationships (such as subscriptions) may be displayed alongside or in connection with accounts, Whyzzer products, without any compensation to you. 

  • You agree that we may download and install updates to the Service on your device.

 

Additional rights we reserve

  • If you select a username or similar identifier for your account, we may change it if we deem it appropriate or necessary (for example, if the username or identifier infringes someone's intellectual property or impersonates another user).

  • If you use content that is protected by intellectual property rights we own and that we make available on or through our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights with respect to our content (but not with respect to your content).

  • You may use our intellectual property and trademarks or similar marks only as expressly permitted by our trademark policy or with our prior written consent.

  • You must obtain our written consent or authorization under an open source license to modify, create derivative works from, decompile, or otherwise attempt to extract source code from us.

 

Removal of content and deactivation or suspension of your account

  • We may remove any content or information you share on the Service if we believe it violates these Terms of Service or our policies (including our Whyzzer Community Guidelines), or if we are required to do so by law. We may immediately refuse or stop providing all or part of the Service to you in order to protect our community or services. This includes if you pose a danger or legal risk to us, violate these Terms of Service or our policies (including our Whyzzer Community Guidelines), if you repeatedly infringe the intellectual property rights of others, or if we are required to do so by law. We may also terminate or modify the Service, remove or block any content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate any adverse legal or regulatory impact on us. If we remove Content, in some cases we will notify you accordingly and explain any options you may have to request further review, unless you have materially or repeatedly violated these Terms of Use or notification by us could result in legal liability for us or others, harm our community of users, interfere with or disrupt the integrity or operation of any of our services, systems or products, or we are prevented from doing so due to technical limitations or are prohibited from doing so for legal reasons. If you believe your account has been terminated in error or you wish to deactivate or permanently delete your account, you can find help in our help section or by emailing support@whyzzer.com. If you request deletion of content or your account, the deletion process will automatically start no later than 30 days after you submit your request. Deletion of content may take up to 90 days after the start of the deletion process. During the deletion process, the content in question will no longer be visible to other users, but will still be subject to these Terms of Use and our Data Policy. After the content is deleted, we may need up to an additional 90 days to remove it from backup copies and disaster recovery systems. 

  • Our right to terminate for good cause remains unaffected. Good cause shall be deemed to exist in particular if one party violates obligations, laws, rights of third parties or data protection guidelines resulting from these Terms of Use, and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. Termination for cause is only possible within a reasonable time frame after becoming aware of the breach.

  • If the good cause is a breach of an obligation under these Terms of Use, termination shall only be permitted after the unsuccessful expiry of a granted remedy period or after an unsuccessful warning. However, a remedy period is not required if the other party seriously and finally refuses to fulfill its obligations or if, after weighing the interests of both parties, special circumstances justify immediate termination. If you believe that your account has been terminated in error, or if you wish to deactivate or permanently delete your account, you can find help in our help section or by sending an e-mail to support@whyzzer.com.

  • In the following cases, content will not be deleted within 90 days of starting the account or content deletion process:

    • if Your Content has already been used by others in accordance with this License and they have not deleted it (in which case this License will apply until the Content is deleted); or

    • If deletion is not possible within 90 days due to technical limitations of our systems (in which case we will complete deletion as quickly as is technically feasible); or

    • If deletion would restrict us from doing the following:

      • Investigate or detect illegal activity or violations of our terms of use and policies (e.g., to detect or investigate misuse of our products or systems);

      • Ensuring the protection and security of our products, systems and users;

      • Fulfillment of a legal obligation, e.g., preservation of evidence; or

      • Compliance with a request from a court or administrative, law enforcement or other authority;

    •  

    • in such a case, the content is stored only as long as necessary for the purposes for which it was originally stored (the exact duration depends on the individual case).

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  • If you delete or we deactivate your account, these Terms of Use will terminate as an agreement between you and us, but this section and the section below entitled "Our Agreement and What Happens in the Event of a Disagreement" will continue to apply even after your account is terminated, deactivated or deleted.

 

Our agreement and what happens in case of disagreement

Our agreement.

  • When you use certain features or related services, you will be given the opportunity to agree to additional terms of use that will also become part of our agreement. For example, if you use payment features, you will be asked to agree to the payment terms. If such terms of use conflict with this Agreement, those other terms of use will prevail.

  • If any aspect of this Agreement is unenforceable, the remaining provisions shall remain in effect.

  • Any modification or waiver with respect to our Agreement must be in writing and signed by us. Failure by us to enforce any aspect of this Agreement will not constitute a waiver.

  • We reserve all rights not expressly granted to you.

Who has rights under this Agreement.

  • This agreement does not grant any rights to third parties.

  • You may not transfer your rights or obligations under this Agreement without our consent.

  • Our rights and obligations may be assigned to others. This could happen, for example, when our ownership changes (such as in a merger, acquisition or asset sale), or by operation of law.

Who is responsible when something happens.

  • We are only liable to the following extent: We are liable without limitation according to the statutory provisions; for damages arising from injury to life, limb or health; in case of intent; in case of gross negligence; and according to the Product Liability Act.

  • Without limiting any of the foregoing, we will be liable for ordinary negligence only in the event of a breach of a "material" duty arising under this Agreement. "Material" obligations in this sense are obligations that are necessary for the performance of the Agreement, the breach of which would jeopardize the purpose of the Agreement, and compliance with which you may rely. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for slight negligence.


 

Dispute Handling.

If a claim or dispute arises out of or in connection with your use of the Service as a consumer, we agree that you may bring your respective claim or dispute that you have against us, and we may bring our claim or dispute that we have against you, to any court in the country of your principal residence that has jurisdiction over the claim or dispute, and that the laws of that country will apply without regard to conflict of law provisions.

 

If a claim or dispute arises between us relating to your use of the Service in any other capacity, including but not limited to your access to or use of the Service for any business or commercial purpose, you agree that any such claim or dispute shall be resolved by a court of competent jurisdiction in Germany and that German law shall apply without regard to conflict of law provisions.

Unsolicited material sent in.

We always welcome feedback or other suggestions, but we may use them without any restrictions or obligation to compensate you. Furthermore, we are not obligated to keep them confidential.

 

Update of these terms of use

We may change our Service and policies and may then also need to make changes to these Terms of Use so that they correctly and accurately reflect our Service and policies. We will only make changes if the terms are no longer accurate or complete, and only if the changes are reasonable for you, taking into account your interests. Unless otherwise required by law, we will notify you of the changes and the choices available to you at least 30 days before we update the Terms of Service (for example, through our Service) and give you an opportunity to review them before they become effective. If you continue to use the Service thereafter, you will be bound by the updated Terms of Use. If you do not wish to agree to these or any updated Terms of Use, you may delete your account. 

Status: June 15, 2022