Terms of use

1. Scope of application
1.1 The company Kleine Tat Services GmbH (hereinafter referred to as "provider") provides online services (hereinafter referred to as "services") via its platform "The-other-Internet-of-Things" (hereinafter referred to as "platform"). Users can access the services via the app „Kleine Tat“ (hereinafter referred to as "app"). This may include the use of Kleine Tat Tags (hereinafter referred to as "tags") to identify items. The following conditions apply to the use of the services, the app and the tags. The use of the services, the app and tags is only permitted if you as a user accept these terms of use.

2. Purpose and aim of the services, user roles
2.1 The purpose of The-other-Internet-of-Things which is directed at the public, is to jointly increase the use and lifetime of consumer goods in order to avoid their (re-)production and thus to make a significant contribution to climate and environmental protection.
2.2 In doing so, you, as a user of the services, can assume different roles. You can:

• act as owners (= operators) of things (= commodities), of depots (= virtual warehouses) or labs (= laboratories)
• act as users of things, depots, labs or
• act manager of Depots, Labs.

2.3 Owners, users and managers pursue the joint goal, of permanently maintaining the utility value of things and therefore treat the objects, data and each other with respect.

3. Registration, conclusion of the contract and subject of the contract
3.1 Prerequisite for the use of the services is your registration via app form. After registration, you will receive a message to verify your data, with which you confirm your registration by entering a code. With the activation of the account by us, the contract of use is concluded (conclusion of contract). The conclusion of the contract when using Kleine Tat Tags is described under 4.
3.2 The subject of the contract is a license to use the services of The-other-Internet-of-Things as well as the app Kleine Tat. You thereby obtain the right to use the underlying software, not the right to this software itself. The software of the app and the services remains our property. Kleine Tat Tags as subject matter of the contract are described under 4.
3.3 Cost of the app: The app can be downloaded for free from Apple App Store and Google Play Store.
3.4 Costs for the use of the server services in connection with the app: The server services are free of charge, however, in case of commercial use they are bound to the use of Kleine Tat Tags for inventory marking.
a) Commercial use exists if items from the fixed or current assets of a company or public corporation are shared via the services in connection with the app (e.g. business equipment, machines, vehicles, reference books). These items must be marked with tags. Tags are subject to a fee and can be obtained from our online store. The use of the app and services e.g. by employees or customers for these items - even temporarily - without attached Kleine Tat Tags is not permitted. Excluded from this are organizations that are granted non-profit status according to the German Tax Code (e.g. associations, foundations, gGmbH) as well as schools. Tagging of fixed and current asset items is voluntary for these organizations. The use of tags is described under 4.
b) Private use exists if items are shared via the server services in connection with the app that are your personal property, i.e. are attributed to your private life (e.g. kitchen or garden appliances from your private household). The use of tags for these items is optional. You can use them if you want to support Kleine Tat. The use of tags is described under 4.
3.5 In general, there is no legal claim to activation or participation in the services. The provider's unrestricted domiciliary rights apply.

4. Using Kleine Tat Tags
4.1. Kleine Tat Tags contain a protected, unique Kleine Tat IoT* code (hereinafter referred to as "IoT code"), which is registered with the platform and can be scanned via the app. The use of tags increases the convenience and functionality of the services in connection with the app, but is not a technical requirement for their use.
* IoT is the abbreviation for Internet of Things.
4.2 You can label items from your inventory with tags, e.g. by sticking or sewing them on. A tag is assigned to an item and to you as the owner in the platform's data storage using the "Attach" function in the app.
4.3 By ordering tags, you agree to the terms and conditions stated in 4. above. You thereby obtain the right to use the individual IoT codes attached to the tags, not the right to the IoT codes themselves. The IoT codes remain our property.
4.4 The duration of the right of use is unlimited. The fee for the right of use is included in the purchase price of the Tags and is deemed paid upon payment of the order. However, we reserve the right to limit the duration of the right of use in the future, especially in the case of commercial use, and to collect the fee regularly as part of subscriptions. Upon disposal of a tag or by making the IoT code on it illegible, the agreement ends for that tag (termination of the contract).
4.5 Tags are explicitly transferable. When a tag is passed on, e.g. by selling, giving away, bequeathing or swapping an item, the associated usage rights or conditions are transferred to the new owner. This also applies to tags that are unused or no longer permanently attached to an item. Upon transfer, the new owner will be informed by you of these Terms of Use.
4.6 The app prevents the use of abusively copied or generated tags. Irrespective of this, copying or self-generating Kleine Tat IoT codes or tags with the intention of placing them on the market is prohibited. Unauthorized generation of tags violates trademark law and will be punished accordingly.
4.7 In case of violation of these terms and conditions, in particular failure to label items for commercial use, your right to use the tags associated with your account will expire. The licensor reserves the right to temporarily or permanently block the corresponding IoT codes as well as to take the actions against you listed in 9.2.

5. Account and operation of the services 
5.1 Your user account may only be used by you as the user. As the owner of the account, you are also responsible for protecting it from misuse. The credentials are therefore to be protected from access by third parties. The use of trademarked words and internet addresses as user names is not permitted.
5.2 We strive to offer the services without interruption. However, even with all due care, downtimes cannot be ruled out during which the web servers are not accessible via the Internet for technical reasons or reasons beyond our control (e.g. fault of third parties, force majeure, attacks against the infrastructure). You acknowledge that a 100% availability of the services cannot be realized technically.

6. Further development of services, app and tags
6.1 We reserve the right to change and extend the content and structure of the services, the user interfaces and functions of the app as well as the design of the tags or the presentation and functions of the IoT codes, if this does not or only insignificantly affect the purpose of the contract concluded with you. We will inform you about changes accordingly.

7. Rules for the use of the services and the app
These rules apply to the use of the services and the app. With the conclusion of the user contract, you recognize and follow them:
1. As a user, I respect the fact that owners have full control. Decisions are accepted by me. I do not hold anything against them.
2. As the owner, I remain responsible when I delegate tasks to managers. The persons appointed by me act in my name.
3. I keep agreements made by means of the services or cancel them in time.
4. I will treat the things of others with care. Objects are returned by me in the condition in which I received them.
5. Damage to goods, which I have caused, will be repaired or reimbursed by me, the loss of the thing will be compensated appropriately.
6. I do not place any advertising on my posts. This also applies to surreptitious advertising such as linking to a homepage with commercial intent.
7. I will not do anything in connection with the use of the services that is contrary to good morals or applicable law in the country of use of the services.
8. I do not use any content protected by law, especially by copyright and trademark law, without having the authorization to do so.
9. I do not take anti-competitive actions and do not post untrue or misleading content.
10. I declare the income I receive through the services to the tax authorities if it is taxable.

8. settlement of disputes 
8.1 The listed principles, goals and rules for use are designed to avoid disputes. If, nevertheless, disputes arise between the owner and the user of things, the latter may call in the owner of the depot where the offer was perceived for mediation. The owner of the depot will hear both parties, make proposals and mediate with the aim of reaching an agreement that both parties to the dispute accept. Legal disputes do not correspond to the culture of the platform and are to be avoided.

9. Measures in case of violations
9.1 In case of violation of the previously mentioned rules, the depot owner may impose sanctions on the user listed as a member of a depot:
These are:

• Blocking a member for the purpose of verifying whether a detected or reported violation has occurred, or
• Removal of a member from the depot with immediate effect, or
• Termination of a member with notice.

9.2 In addition, the provider is entitled to block users' access to the services temporarily or permanently if there is sufficient suspicion that they have violated these terms of use. Users can avert these measures by clearing the suspicion by presenting suitable evidence.

10. Transfer of rights of use
10.1 The copyright for your contributions, insofar as they are copyrightable, remains in general with you. However, by posting a contribution, you grant us the right to keep your contribution permanently on our platform. In addition, we have the right to delete, edit, evaluate, move or close your contributions.
10.2 The aforementioned rights of use shall remain in force even in the event of termination of your account.

11. Limitation of liability 
We see ourselves as operators of a platform by means of which our users interact with each other on their own responsibility .
11.1 We therefore do not assume any liability for the contents posted by users on The-other-Internet-of-Things in particular not for their correctness, completeness, legality or up-to-dateness.
11.2 We are not liable for damages to things, their loss or for damages to persons or things resulting from the initiation or execution of agreements between users. Their settlement is the sole responsibility of the users involved in the agreement.
11.3 We are not liable for any lost revenue or other losses incurred if our services are temporarily or permanently interrupted (see 5.2).
11.4 If third parties or other users make claims against us for possible legal violations that a) result from the content posted by you as a user and/or b) result from the use of our services by you as a user, you as a user agree to indemnify us from any claims, including claims for damages, and to reimburse us for the costs we incur due to the possible legal violation.

12. Duration and termination of the contract 
12.1 This agreement is concluded for an indefinite period.
12.2 Both parties can terminate this agreement without notice, insofar as there are no open agreements (e.g. orders) with other users. If this is the case, these must first be fulfilled or cancelled by you.
12.3 If you delete your account (termination of the contract), your access to the platform will be blocked for all devices. Depots and things from your inventory will be retired, your requests, offers and candidacies will be closed and your memberships in depots will be cancelled. In addition, your registration data will be deleted. Among other things, your user photo will be deleted, if available, and your user name will be replaced by the entry "former user". All data associated with your former account will be anonymized so that they can no longer be assigned to you. This process is not reversible. Your data is thereby considered to be deleted.
12.4 Termination of the contract for Kleine Tat Tags is regulated under 4.