Terms and conditions of kietzee.com for experts

Updated on January 6, 2025, 13:58 and valid for all new customers.

1 Definitions and scope of application

1.1 These terms and condistions (T&Cs) apply between Kietzee UG (haftungsbeschränkt), Grünberger Str. 17a, 10243 Berlin (“kietzee.com”) and the expert (“customer”) who has booked a profile entry (“profile”) on the kietzee.com website.

1.2 Deviating general terms and conditions of customers are hereby expressly contradicted. Individual agreements require confirmation by kietzee.com in text form to be effective. Individual agreements between kietzee.com and the customer shall take precedence over these GTC in the area of the individually agreed contractual conditions (cf. § 305 BGB) and shall then be supplemented by these T&Cs.

2 Profile

2.1 The profile shall be created and placed online by kietzee.dcom immediately after conclusion of the contract on the basis of the data provided by the customer. If the customer does not provide any data or materials beyond the basic data, kietzee.com creates the profile from existing data that is publicly available on the Internet.

2.2 The customer permits kietzee.com to use data, in particular text and image material from his website, to create the profile and grants kietzee.de the necessary rights of use. The customer guarantees that the data used on his website is up-to-date, correct and complete.

2.3 The customer has no claim to the publication of certain content or a certain form of presentation of his profile. In particular, hyperlinks that refer to pages outside of www.kietzee.de may be removed by kietzee.com.

2.4. kietzee.com assigns each profile an individual Internet address (“short link”) in the form www.kietzee.de/guides/[DESCRIPTION] commands. Shortlinks can also be subsequently adapted without the customer's consent. The customer will be informed of any changes to the short link.

2.5 The customer is obliged to regularly check the profile for completeness and correctness of content during the entire term of the contract and to notify kietzee.de immediately of any errors. The customer must inform kietzee.com immediately of any relevant changes (e.g. e-mail address, telephone number, area of activity, etc.).

2.6. kietzee.com does not carry out a legal check of the profile. The customer is solely responsible for the profile content. This also applies to profile creation by kietzee.com. The customer is obliged to independently observe and monitor applicable laws and professional obligations with regard to the exercise of the profession, establishment and professional title. The customer alone is responsible for violations; any liability of kietzee.de in this regard is excluded. 3. Contributions

3.1 In certain contract models, the Customer may submit contributions (texts, such as tips) for publication. Publication, timing of automated or manual activation, formatting and presentation are determined solely by kietzee.com. 3.2 Only self-written articles on topics that are highly unique in the context of search engine optimization and are not pure self-promotion will be published. kietzee.com reserves the right to make editorial changes within the limits of moral rights. kietzee.de is not responsible for the legal and/or content-related examination of legal contributions.

3.3 The customer has no claim to the publication of certain legal contributions. kietzee.com is entitled to remove already published legal contributions at any time without giving reasons.

3.4 The customer can offer interactive formats for the end users of Kietzee in certain contract models. The implementation, publication, timing of automated or manual activation, formatting and presentation shall be determined solely by kietzee.com.

4 Copyrights and rights of use

4.1 By publishing texts, images, audio and video files, the customer may not violate applicable law, common decency, these T&Cs or the guidelines and terms of use of the services offered. In particular, the customer must observe the rights of third parties (name, copyright, data protection law, etc.). The customer is obliged to inform kietzee.de immediately of any possible legal infringements as soon as third parties assert their possible rights against the customer. kietzee.com may temporarily restrict or block the content or profiles in question as well as access to the customer's login area during the review of such infringements after providing the necessary justification. In particularly serious cases or in the event of repeated violations, this may be done permanently.

4.2 The customer grants kietzee.com free of charge the simple, transferable right, unlimited in time, space and content, to make texts, images or video files, which he uses for the design of his profile or as legal contributions or whose use he permits kietzee.com, publicly accessible for commercial purposes, to reproduce, distribute and edit them for this purpose within the limits of moral rights. A transfer of the rights of use to partner sites to increase reach is permitted to kietzee.com without restriction.

4.3 The customer assures and guarantees that he is authorized to use the texts, images, videos and other materials according to the above paragraphs, which he transmits to kietzee.de for profile design and/or other use (legal contributions etc.) or the use of which he permits kietzee.com, and that no rights of third parties conflict with this.

4.4 Insofar as texts, images, videos or other content are created by employees or service providers of kietzee.com for the customer, all copyrights and rights of use remain with anwalt.de. Any use outside the profile is only permitted with the express consent of kietzee.de in text form.

5 Liability of the customer and indemnification

The customer shall indemnify kietzee.com and its vicarious agents against all claims of third parties which they assert against kietzee.com and its vicarious agents due to the breach of one of the obligations of the customer specified in these T&Cs. This also includes compensation for the resulting damages, including the costs of an appropriate legal defense

6 Warranty and liability

6.1 Contracts and bookings for services are only concluded directly between the customer as expert and the person seeking advice as customer, even if mediated via kietzee.com. The customer alone is liable for the service. The customer shall also indemnify kietzee.com against all third-party claims asserted against kietzee.de for infringement of copyright, competition, professional, compensation or other rights in connection with the individual profile or contributions provided by the customer. This also includes the costs of a necessary legal defense, which arise directly or indirectly through the use of kietzee.com. 6.2. kietzee.de shall not be liable for the non-fulfillment of contractual obligations if this is due to a reason beyond its control (natural disasters, war, import and export bans, obstacles in the area of responsibility of the customer or the online video portals selected by the customer, etc.). Agreed performance deadlines shall be deemed to have been extended accordingly. If the impediment lasts for more than two months, the parties may terminate the contract extraordinarily without notice.

6.3. kietzee.com shall take all reasonable technical and personnel precautions to prevent overloading or failure of the servers or the system as far as possible. However, 100% availability cannot be guaranteed. In the event of temporary unavailability of the website www.kietzee.com and/or the profile, kietzee.de shall endeavor to rectify the problem without delay. Warranty claims and/or claims for damages due to such failures are excluded. The subsequent performance period for kietzee.com in the event of other warranty claims is one week after the customer has notified kietzee.de of the defect, giving a precise description of the defect. After unsuccessful expiry of this period, the customer is entitled to further statutory rights. kietzee.com is liable without limitation for intentional or grossly negligent behavior, for slight negligence only in the event of a breach of essential contractual obligations in a manner that endangers the purpose of the contract. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely. Liability for damages caused by slight negligence is limited to € 5,000 per claim. Further rights and claims are excluded to the extent permitted by law. This applies in particular to compensation for indirect damage (loss of profit, consequential damage, etc.). Claims for damage to health, life and limb remain unaffected by the above limitations of liability. Insofar as kietzee.com's liability is limited or excluded, this shall also apply to its employees, legal representatives, service providers and other vicarious agents. All claims of the customer against kietzee.com shall become time-barred within one year from the start of the statutory limitation period. This shall not apply to the limitation period for claims based on an intentional or grossly negligent breach of duty or for claims for damages due to injury to life, limb or health. In this respect, the statutory limitation periods shall apply.

7 Contract term, termination, prices and payment

7.1 The contract term is 12 months. The contract is automatically extended by a further 12 months unless it is terminated in text form at least one month before the end of the respective contract term or via the Stripe Customer Portal. The right to extraordinary termination remains unaffected.

7.2 The provision of services by kietzee.com shall take place on a monthly pro rata basis during this contract term.

7.3 The prices published at https://www.kietzee.com/kietzee-guides-program shall apply. All prices in the documents and offers of kietzee.com are net prices plus the value added tax applicable at the time of service provision. kietzee.com reserves the right to make reasonable price adjustments due to changes in production/distribution costs or service expansions. Price adjustments will be communicated. They shall not affect the current term of the contract, but shall entitle the customer to terminate the contract without notice if ordinary termination is no longer possible at the end of the current term. 7.4 The services published at https://www.kietzee.com/kietzee-guides-program shall apply. kietzee.com reserves the right to make reasonable adjustments to services due to changes in production/distribution conditions or service expansions. Service adjustments shall be communicated. They shall not affect the current contract term, but shall entitle the customer to terminate the contract for cause if ordinary termination is no longer possible at the end of the current term.

7.5 The invoice amount for the entire contract term is due at the beginning of the respective contract term when the invoice is issued. In the event of default of payment by the customer, kietzee.de shall be entitled to an extraordinary right of termination after two unsuccessful requests for payment. The electronic invoice can be issued via the Stripe (payment provider) Customer Portal.

8. Final provisions

8.1. kietzee.com reserves the right to amend the T&Cs. The customer will be notified of amended T&Cs 6 weeks before they come into force to the customer's registered e-mail address. If the customer does not object within 6 weeks of notification, the amended T&Cs shall be deemed approved and thus become part of the contract. kietzee.de shall draw the customer's particular attention to this circumstance and reserves the right to terminate the contractual relationship in the event of an objection by the customer, while safeguarding the customer's legitimate interests, or to continue the contractual relationship under the old T&sC. The customer has no claim against kietzee.com with regard to a specific procedure in this case.

8.2. kietzee.com and the Customer undertake to maintain confidentiality about the provisions of the contract, its execution and facts associated with the contract even after termination of the contractual relationship.

8.3 Services that kietzee.com provides as a gesture of goodwill in individual cases do not constitute a legal claim to further such services.

8.4 Amendments, supplements and termination of the contract must be made in text form, which also applies to the waiver of the text form requirement. Insofar as individual provisions of these T&sC are invalid in whole or in part, this shall not affect the validity of the contract or the remaining provisions. In place of the invalid provision, a provision shall be agreed that comes as close as possible to the meaning and purpose of the invalid provision. German law shall apply. The validity of the United Nations Convention on Contracts for the International Sale of Goods and the regulations on international sales law are excluded. The place of performance and jurisdiction for disputes concerning this agreement is Berlin. With regard to the place of jurisdiction, this shall only apply insofar as the law does not prescribe otherwise.