Terms and Conditions for Business Customers

1.About Us

ooblee Alpine GmbH, located at Am Tabor 36, 1020, Vienna, Austria, phone number, +436769312818 email office@oobyte.net , registered in the commercial register of the Commercial Court of Vienna under FN 628468 v, represented by managing director Mirko Prelević (hereinafter referred to as “oobyte”, “we”, or “our”), operates a multilingual social commerce platform for local businesses and their customers in the neighborhood via a mobile application (Android, iOS), at www.oobyte.net e-commerce platform and an online communication platform (hereinafter referred to as the “oobyte Platform”).
These Terms and Conditions apply to your use of the oobyte Platform (hereinafter referred to as the “Terms”) and govern your rights and obligations regarding your access to and use of all segments of our platform and the associated services, some of which are provided by third parties (collectively referred to as the “oobyte Services”). The oobyte Services include the provision of a social network through which users can communicate with one another (hereinafter referred to as the “oobyte Network”) and the facilitation of transactions between business clients and end users, including activities aimed at initiating such transactions (hereinafter referred to as the “oobyte Marketplace”).
The oobyte Platform serves as an intermediary and communication platform. Consequently, oobyte is not a contracting party to any purchase, service, or work agreements concluded between business clients and end users via the oobyte Platform, nor is oobyte involved in the execution of such contracts. In particular, oobyte is not responsible for payment processing, delivery, returns, or the enforcement of any rights arising solely from the contractual relationship between the respective business client and the end user.
Should any provision of these Terms and Conditions be or become invalid, the remaining provisions shall not be affected and shall remain in full force and effect.
The current version of the Terms and Conditions can be viewed at any time at www.oobyte.net. There, you will also find a contact form in case you have any questions regarding the oobyte Terms and Conditions.

2.Unauthorized Use

The oobyte Platform must not be used for illegal or unauthorized activities, in particular not for activities that violate these Terms and Conditions or applicable law.
Users are expressly prohibited from engaging in any activities, including uploading, posting, displaying, transmitting files or data, or any other form of publishing information that (i) may be related to infringement of third-party intellectual property rights, cybercrime, online abuse, or other illegal activities; or (ii) may impair the functionality of any oobyte Service or the entire oobyte Platform; or (iii) may cause harm through the misuse of information on the oobyte Platform (e.g., spreading viruses, malware, or other malicious software, sending spam messages, carrying out DDoS attacks, hosting phishing sites).
It is prohibited to distribute or support hate speech, terrorism, pornography, racism, or other forms of discrimination, exploitation of children, any kind of hate, violence, self-harm, insults of any kind, threats, defamation, invasion of privacy, and harassment of persons using the oobyte Platform or providing services or technical support.
It is not permitted to post or upload personal data without the consent of the affected persons and/or without a legal basis. The same applies to confidential information, sensitive medical data, and sensitive private or business data for which there is no legal basis and/or no explicit consent from the user.
oobyte does not use an automatic content review mechanism for content you, as a user of an oobyte service or a third-party service offered on the oobyte Platform, publish. However, oobyte reserves the right to review content published or uploaded by users through an oobyte service. Any statutory review obligations of oobyte remain unaffected. If oobyte determines that the content of a user account violates legal provisions and/or these Terms and Conditions, especially Section 2, oobyte may block or delete such content at any time without prior notice and, if necessary, take legal action to address the violations.
If oobyte determines that a user has violated any provision of Section 2 or there is reasonable evidence of other abusive use of the oobyte Platform (e.g., fraudulent actions related to an oobyte service), oobyte may temporarily suspend the oobyte services provided to the user. Before such temporary suspension, oobyte will promptly inform the affected user about the intended suspension, provide the reason, and offer an opportunity to respond within four weeks of notification. The user’s response to the temporary suspension must be submitted through oobyte’s internal customer support complaint management system. After receiving the response, oobyte will re-examine the matter and decide again regarding the intended suspension. If, after reconsideration, oobyte finds no violation as per the first sentence, it will refrain from suspending the services. If the violation is confirmed following the user’s response, oobyte will inform the user of the suspension in electronic form, stating the reasons at the time the suspension takes effect.

If the affected user does not submit a response within the deadline set by oobyte, or repeatedly violates the provisions of this Section 2, oobyte is entitled to terminate the user contract and delete or permanently block the user account. In such cases, oobyte will inform the user of the termination of the user contract and the deletion of the user account 30 days prior to their effectiveness. In the event of such termination, deletion, or suspension, the user has the opportunity to clarify the circumstances leading to termination within oobyte’s internal customer support complaint management system.

3.Description of the oobyte Platform and the oobyte Services

oobyte is a social marketplace platform that combines the features of a social network with those of an e-commerce platform.
The oobyte Platform is characterized by the following features:

a social network (hereinafter referred to as the “oobyte Network”) focused on the local community, whose members are registered users;
a marketplace (hereinafter referred to as the “oobyte Marketplace”) used by users for their commercial offers to present their product catalog, including new or discounted products or services.
A payment solution called oobytePay (hereinafter referred to as “oobyte pay”) that enables users to make purchases easily and securely when present on-premises of the shop (the Business Customer).

You can use the oobyte Platform and the oobyte Services either as an end user or as a business customer. End users are those users who use the oobyte Network and the oobyte Marketplace for private purposes, i.e., in particular, to purchase and utilize the products and services offered on the oobyte Marketplace for non-commercial or non-professional purposes (hereinafter referred to as “End Customer”). Business customers are those users who use the oobyte Network and the oobyte Marketplace for the distribution and offering of their products and services within the scope of their commercial or professional activities (hereinafter referred to as “Business Customers”). End users and business customers are collectively referred to in these Terms and Conditions as “Users.”
The User can choose how they want and need to use the Platform and the oobyte Services. The User may register solely to use the oobyte Network and communicate with other members of the oobyte Network in ways customary for social networks (e.g., posting, sharing, following friends, messaging), particularly in compliance with the provisions set forth in Section 2. Business Customers may also share their posts and/or products displayed on the oobyte Marketplace within the oobyte Network and in a third party’s social network. However, in the latter case, the third party’s terms of use and privacy policies also apply.
The goal of the oobyte platform is to mediate between users who live and conduct business in the immediate neighborhood. oobyte encourages users of the oobyte Network to communicate with each other easily and to make use of the goods and services offered by business customers on the oobyte Marketplace.
Business customers are encouraged to create an oobyte shop profile through which they can offer their products and services on the oobyte Marketplace and promote them within the local community.
As a marketplace, oobyte is limited to mediating the contractual relationship between end users and business customers. Therefore, a contract for the purchase of goods or the use of services is concluded exclusively between the respective business customer and the end user. No claims arising from such a purchase or service contract can be made against oobyte.
oobyte may, at its sole discretion and in accordance with separate provisions, issue vouchers to end users. End users will be informed in due time in text form about the type of voucher and the process of voucher distribution.
Furthermore, some price reductions displayed to the end user in the shop profile of the business customer are not financed by the business customer themselves, but by oobyte in accordance with the special terms and conditions for business customers regulated in sections 9.2 to 9.5.

4.Registration, User Account, Conclusion of Contract

To use the oobyte platform and oobyte services, you must register as either a business customer or an end user and create a user account with the following minimum information: username, first name, last name, postal address, and email address. The user agrees that the email address provided during account registration will serve as the primary means of communication with oobyte. Business customers must also provide their phone number. oobyte reserves the right to reject a username.
A prerequisite for registration is that the user is either a legal adult natural person or a legal entity or partnership. Natural persons who have not yet reached the age of 18 and are therefore minors are not permitted to register or use the oobyte platform.
The user is obligated to provide truthful and complete data required for registration. If any data changes after registration, the user is responsible for updating their information. Each user may only create one user account. The user account is non-transferable.
By submitting the registration form, the user makes an offer to conclude a user agreement with oobyte. Before submitting the form, the user can at any time cancel the registration process by closing the browser window or app, or correct their entries. Immediately after submitting the registration form, the user receives a confirmation of receipt from oobyte, which does not yet constitute acceptance of the contractual offer. A contract for the use of the oobyte platform between the user and oobyte is only concluded once the user receives a further email from oobyte containing a personalized link. After the contract is concluded, the user must complete the registration process by clicking the link in the second email and confirming their email address. There is no entitlement to conclude a user agreement.
The terms of use applicable to the user agreement are provided to the user both before submitting the registration form and again in the second email confirming acceptance of the contract offer. oobyte does not store the user agreement.
Upon successful registration, a user account is created for the user, which can be accessed using their email address and the password chosen during registration. The user can change their password at any time via the password-protected user area. The user is obliged to keep their access data confidential and protect it from access by third parties. If the user notices that their access data is being used unauthorizedly by a third party, they must immediately inform oobyte and change their password without delay.
oobyte does not charge fees to end users. Access to the oobyte platform as well as the creation and use of a user account is free of charge for end customers. Business customers can also create a user account free of charge and present their product catalog (hereinafter also referred to as “shop profile”). Further details about the shop profile are regulated in Section 9.1. In addition, business customers can purchase paid services as part of their user agreement. More details about oobyte’s services and fees for business customers are set out in Section 9.
If a business customer has participated in the oobyte promo campaign and wishes to continue using the oobyte platform as a business customer after the promo campaign ends, the provisions in Section 10 shall apply to them.

5.Forms of Use of the oobyte Platform

There are several ways to use the oobyte platform. Each form of use comes with different rights and obligations.

5.1. End Users

After creating a user account (see Section 4), end users can use the oobyte network to communicate with other users. The oobyte network can also be accessed via the oobyte mobile application for Android or iOS. To enhance their experience on the oobyte network, end users can create a user profile through which they can post and share content, follow other users’ profiles, and allow other users to follow their own profile.
After creating a user account, end users can also use the oobyte marketplace to purchase products and services from business customers.

5.2. Business Customers

Only entrepreneurs within the meaning of §§ 1–3 of the Austrian Commercial Code (UGB) may be business customers. A business customer is someone who, as an entrepreneur as defined in §§ 1–3 UGB, creates a shop profile on the oobyte platform in accordance with Section 4 and under the conditions set out in Section 9, in order to offer products or services on the oobyte marketplace.
Business customers may make use of additional services under the conditions set out in Section 9 in order to better present and promote their products and services on the oobyte marketplace.
Business customers may also use the oobyte network to communicate with end customers. The business customer’s shop profile also functions as a user profile within the oobyte network.

5.3. Business Customers Participating in the oobyte Promo Campaign

Additionally, business customers may operate on the oobyte marketplace as participants in the oobyte Promo Campaign. In this context, they maintain a shop profile designated as a “Promo Online Shop” for end users, which is managed by oobyte. Through this shop profile, oobyte acts as a sales representative for the business customer during the oobyte Promo Campaign and temporarily markets and distributes selected products of the business customer to end users. After the promotional phase, promo participants may become merchants within the framework of the partnership program. Further information and terms of the offer can be found in the Terms of Use of the oobyte Promo Campaign.
Business customers who were previously participants in the oobyte Promo Campaign may continue to use the oobyte platform under the conditions outlined in section 10 as part of the oobyte Partnership Program.

6.Liability

oobyte strives to provide a personalized, secure, and advanced service using standard market technologies to ensure broad availability. However, oobyte does not guarantee that the oobyte platform and the services offered on it will be available without interruptions, errors, other technical issues, or security vulnerabilities (hereinafter referred to as “disruptions”). Upon becoming aware of any such disruptions, oobyte will rectify them within a reasonable period, depending on the individual case.
Business customers are required to present their product and service catalog as accurately as possible and provide all relevant information related to their offerings. oobyte acts solely as an intermediary in the contractual relationship between business customers and end users and therefore assumes no responsibility or liability for the accuracy, completeness, reliability, timeliness, or error-free nature of the products and services sold by business customers via the oobyte marketplace, nor for the product descriptions or any other content and information uploaded by business customers to the oobyte platform in connection with their offerings.
oobyte is liable for damages resulting from the breach of essential contractual obligations—i.e., obligations whose fulfillment is a prerequisite for the proper execution of the contract and on whose compliance the user may regularly rely—in cases of intent and any kind of negligence. In the case of ordinary negligence, liability is limited to damages that are typical and foreseeable at the time of contract conclusion. Beyond that, oobyte is only liable for damages caused by gross negligence or intent. This limitation of liability does not apply to damages arising from injury to life, body, or health. Statutory liability remains unaffected, especially in cases of fraudulent concealment of defects, assumption of a guarantee, or under product liability law.
oobyte is not liable for damages resulting solely from the user’s own behavior or from the use of another user’s account. Users of the oobyte platform are responsible for all their activities and any resulting damages, including for content protected by copyright—such as photos, texts, user field entries in the application, information provided, as well as data and electronic documents uploaded, generated, collected, stored, shared, transmitted, or displayed in connection with a user account (see Sections 7 and 2). oobyte is not responsible for content or other information published by users on the platform and provides no warranty for the accuracy or completeness of statements and claims made in such content.
Liability for data loss attributable to oobyte is limited to the cost of restoring data that would have been lost even with regular and risk-appropriate data backups.
Where oobyte’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, executive staff, and other vicarious agents.
The user shall indemnify oobyte, as well as oobyte’s affiliated companies, legal representatives, executive staff, and other vicarious agents, from all claims asserted by other users or third parties due to an infringement of their rights arising from content uploaded by the user, advertisements posted on the oobyte platform, or any other use of the oobyte platform or marketplace in violation of these Terms or the law. The indemnification covers legal defense costs limited to statutory attorney and court fees. In the event of a claim by third parties, the user is obliged to promptly and truthfully provide oobyte with all information necessary for reviewing the claims and preparing a defense. Any further liability of the user beyond this clause remains unaffected.

7.Intellectual Property and User Content

Users retain ownership of all content they own and publish on the oobyte network, the main oobyte feed, or any other part of the oobyte platform or in connection with the oobyte services. By publishing content on the oobyte platform, the user agrees that such content may potentially be accessible to all internet users. The user grants oobyte a non-exclusive, worldwide, unlimited license—both in terms of time and location—to use the content, including but not limited to transmitting, displaying, storing, presenting, reproducing, removing, modifying, creating derivative works from, performing, publicly presenting, distributing, or otherwise utilizing it as necessary to fulfill the purpose of the agreement.
Users may delete posted content by removing it from their profile or from the platform, or by deleting their oobyte account. More details can be found in our Privacy Policy at www.oobyte.net.
Users are responsible for ensuring that their published content complies with these Terms of Use and applicable laws. You may not post private or confidential information about others without their prior consent, or take any actions that violate the rights of others, including intellectual property rights. If you violate these Terms—particularly Section 2—your published content may be blocked or deleted in accordance with Section 2 (6).
Users are prohibited from copying, modifying, reverse engineering, distributing, reproducing, selling, or otherwise misusing the oobyte platform or its services, either wholly or in part. You also agree not to disrupt or attempt to disrupt the platform or services in any way, for example, by distributing software viruses or other harmful computer code.
All logos, graphics, page headers, and scripts included in or made available through an oobyte service are trademarks of oobyte in all countries where oobyte operates. These trademarks may not be used in connection with any products or services that are not provided by oobyte, in any manner that may cause confusion among customers, or in any way that discredits or disparages oobyte.
If you are a business customer, you hereby grant oobyte a non-exclusive, contract-term-limited right to use your company’s name, brand, and logo for the purpose of promoting the oobyte platform and the products and services you offer on the oobyte marketplace.

8.Delivery and Returns

The delivery of products purchased by end users from a business customer is not carried out by oobyte. Therefore, oobyte assumes no legal or commercial responsibility for the delivery and/or return of products offered by business customers. However, oobyte may act as an intermediary between the business customer and the end user in matters related to outstanding activities, services, or misunderstandings concerning the delivery and return of such products—provided that disputes previously raised by end users with the business customer could not be resolved amicably.

8.1. Delivery and Pickup Options for Business Customers

Business customers may offer end users multiple delivery or pickup methods, such as:

Online payment with in-store pickup*
Online payment with delivery

*From a legal perspective, oobytePay service, which is described in detail in clause 9.2.2.h, is a subset of the method “Online payment with in-store pickup”.

2. During the registration of their shop profile, business customers will be prompted to select the delivery model that best fits their business. They may change or add delivery models at any time via their oobyte account management panel.

3. The delivery and pickup arrangements described in paragraphs (1) and (2) are entirely managed and organized by the business customer. oobyte does not take any action in this regard and is therefore not liable for any delays, losses, or other damages.

8.2. Return of Products

The return of products—particularly in the case of defects or other complaints—must be handled exclusively between the business customer and the end user. oobyte does not take any action in this regard and therefore assumes no liability.
The warranty rights of end users in connection with contracts concluded with business customers are governed by the agreements between the end user and the business customer. oobyte is not a party to these contracts.
Notwithstanding paragraphs (1) and (2), oobyte may act as an intermediary if a dispute between an end user and a business customer—initiated via the oobyte app—cannot be resolved successfully between the parties. In such cases, the end user may contact our customer support.

9.Special Conditions for Business Customers

9.1. General

Once the business customer has successfully registered in accordance with Section 4 and created a user account, they have the opportunity to present their product and service catalog in the form of listings on the oobyte marketplace. In addition, the business customer may select and book the additional services listed in Section 9.2 under the conditions set out in Sections 9.2 to 9.5.
When presenting products and services on the oobyte marketplace, the business customer must comply with specific legal regulations. In particular, they are required to fulfill all statutory information obligations toward end users, especially by providing a complete and legally compliant provider identification (Impressum).
The business customer is obligated to describe each listing and their respective product/service offerings truthfully and to include all legally required characteristics. It is prohibited to post listings or other content that: (i) violate copyright, trademark, or competition laws, or youth protection laws; (ii) contain false or misleading information; or (iii) breach any of the prohibitions outlined in these Terms of Use, particularly those in Section 2. Business customers are solely responsible for all content published on their page, for their business practices, their communication and conduct toward users, and for all other activities they perform on the platform.
Business customers must accurately indicate the location from which they operate their business when setting up their shop profile. Furthermore, they are obligated to promptly update their location data in their shop profile, especially in cases where a change of location affects jurisdiction.
oobyte does not grant business customers any exclusivity or protection from competition. oobyte reserves the right to offer and provide the oobyte services and platform to competitors of the business customer.
Business customers grant oobyte the right to take photos and videos of their products and sales premises and to produce images, videos, or other promotional materials for oobyte’s own advertising purposes.
Business customers hereby grant oobyte a non-exclusive, time-limited right for the duration of the contract to use the brand and offers of the business customer, as well as photographs and other media shared with or otherwise made available to oobyte, for the purpose of promotional activities both on the oobyte platform and elsewhere (e.g., on other social media platforms).

9.2. oobyte Services and Conclusion of Contracts for Additional Services

The oobyte platform offers business customers a range of special features designed to promote end-user purchase interest.
The services offered by oobyte to business customers include:
- oobyte Shop Profile – Business customers can present their product catalog and other relevant information via a shop profile linked to their user account.
- oobyte News Feed – The products and services of business customers are displayed on the main page of the oobyte platform. The News Feed is organized into categories that differentiate product groups. The primary category is the “City Shopping” category, where business customers can promote new or discounted products or services through individual posts.
- oobyte Happy Hour – Business customers can offer selected products or services at significantly reduced prices for a limited period. This functions as a special shopping event.
- Shopping with Friends – Business customers can offer a pre-defined number of products or services to a group of end users. The first end user to engage with the offer takes on the task of forming the group (“Group Shopping”). This model is particularly appealing to participants due to the reduced prices.
- Advertising – Business customers can place banner ads within the oobyte News Feed.
- Sales Promotion Measures – oobyte supports selected business customers with targeted sales promotion efforts.
- oobyte Shop Website – oobyte provides business customers who have a shop profile with a dedicated website for their oobyte shop, enabling them to offer and sell products online.
- oobytePay – an in-store product order and online payment scenario, that allows an End User of oobyte to take decision about a purchase (namely, about a product/service order and payment) instantly on-premises, without a prior online order. As with any other transaction via oobyte marketplace, such a transaction is incentivized by oobyte.
A contract between the business customer and oobyte for the additional services offered by oobyte under Section 9.2 (2) items 2 to 6 is concluded as follows:
The business customer can select the desired additional service by clicking on the available options visible on the oobyte platform or in their shop profile. By submitting the corresponding form for the selected additional service, the business customer makes a binding offer to oobyte to conclude a contract for the provision of that additional service. The process can be canceled at any time before submission by closing the browser window or the app. Before submitting the form, the business customer also has the opportunity to review and correct their information.
oobyte may accept the offer to provide the additional services either through a separate declaration in text form to the business customer or by activating the selected additional services. Upon acceptance by oobyte, a contract for the requested additional service is concluded. The terms of use applicable to the booked additional services are available to the business customer on the oobyte platform at www.oobyte.net. oobyte does not store the contract for additional services separately.
Further details regarding the implementation and conditions of the additional services will be agreed separately between oobyte and the business customer.
oobyte is entitled to temporarily restrict the availability of additional services, in whole or in part, due to technical reasons or other factors such as capacity limitations, server security and integrity, platform improvements, or maintenance work. This may especially occur during the initial development phase of the oobyte platform. The provisions on liability in the event of disruptions under Section 6.1 apply accordingly to the provision of additional services.

9.3. Subscription Terms for Business Customers

Business customers can use the oobyte platform based on a subscription model.
In addition to the General Terms and Conditions, the subscription terms of the respective subscription agreement also apply to business customers. In case of any conflicts between the General Terms and Conditions and the subscription terms, the subscription terms shall take precedence.
Subscription fees and the amount of sales commission are regulated in the respective subscription terms.

9.4. Payment Terms

oobyte manages the funds collected from the customers of the merchants on behalf of and for the account of the merchants and pays out these funds to the merchants after deducting the agreed commission. There is no business relationship between Oobyte and the customers; all contractual relationships exist exclusively between Oobyte and the merchants as well as between the merchants and the customers.
Fees according to the tariffs regulated in Section 9.3 are charged only to business customers. These fees are billed monthly to the business customer and may include, depending on the chosen tariff, a base fee, a sales commission, or other fees, costs, or charges. (Subscription fee can be also 0,00€.)
For both annual and monthly subscriptions, the base fee for the respective month of the term is to be paid in advance. (Subscription fee can be also 0,00€.)
The sales commission on the purchase price plus VAT for products or services sold via the oobyte marketplace is due when the business customer has received the purchase price or other consideration from the end user. If the underlying contract is cancelled before receipt of the purchase price or consideration or is otherwise not legally effective, oobyte does not receive a sales commission. If the contract is cancelled after the sales commission has already been paid to oobyte, oobyte must refund the sales commission. Any claims for damages by oobyte against the business customer remain unaffected.
Outstanding fees, costs, and/or charges not yet invoiced will be billed at the end of the respective billing period (depending on the subscription and payment method). Unless otherwise stated, all fees are calculated in Euros.
The invoice containing all details of the due commissions, fees, costs, and/or charges will be sent to the business customers via the official email address provided during registration.
Business customers must provide oobyte with an authorized, valid payment method to pay the applicable fees.
Tax obligations arising for the business customer from a transaction mediated via the oobyte platform lie solely with the business customer.

9.5. Sales Promotion Measures

oobyte may provide special support to business customers through sales promotion measures, especially if they have booked paid additional services. The aim is to encourage business customers to use the various additional services offered by oobyte. Sales promotions are usually granted in the form of a credit. Unless otherwise agreed by the parties, the granted credit must be used for the utilization of the additional services within twelve months. If the credit is not used within this period, the business customer must repay the credit to oobyte twelve (12) months after its receipt. The business customer is obliged to provide oobyte with appropriate proof. If the credit is not used or not used appropriately within the aforementioned period, oobyte is entitled to a refund.
Alternatively, the sales promotion measure can also be granted as a premium promise up to a certain total amount for the use of additional services from oobyte. Unless otherwise agreed by the parties, in this case, the business customer invoices oobyte for the premiums payable once per calendar month.
oobyte may also promote the use of the oobyte platform by business customers through unrestricted bonus payments, particularly when entering markets in cities not yet served by the oobyte platform or when introducing new product categories.
oobyte may also specially support business customers through promotional activities by influencers (so-called “Influencer Marketing”) (see Section 10.4). The promotion by oobyte is carried out by facilitating contact with influencers. If a contract is concluded between the business customer and an influencer, this contract is exclusively between the business customer and the influencer. The nature and content of the support provided by the influencer are agreed solely between the business customer and the influencer. oobyte does not become a contracting party and assumes no responsibility for the nature and content of the services to be provided by the influencer.
oobyte is free to decide whether and to what extent premium payments or the mediation of influencers are granted. There is no legal entitlement for business customers to the granting of sales promotions by oobyte within the meaning of this Section 9.5.

10.oobyte 17

The oobyte17 segment offers all users the opportunity to support projects through donations, their own initiatives, or shopping events.
oobyte17 was developed based on the 17 Sustainable Development Goals of the United Nations. oobyte’s vision is to provide a platform where all users can easily contribute to projects that sustainably strengthen their local communities.
However, if you want to create an oobyte17 project yourself, you must be registered as a business customer. oobyte does not charge any additional fees for creating an oobyte17 project.
By participating in an oobyte17 project, the business customer grants oobyte a non-exclusive, project-duration limited right to promote and publicize these activities. Furthermore, oobyte reserves the right to request additional information from business customers for participation in an oobyte17 project.
Further details regarding the execution and conditions of an oobyte17 project will be agreed upon separately with the involved users.

11.Termination of the User Agreement and Deletion of the User Account

End users and business customers who have not booked any paid additional services may terminate the user agreement at any time without notice, unless otherwise agreed, by either sending a termination notice via email to customer support at support@oobyte.net or by contacting customer support via a button provided on the oobyte platform. oobyte may terminate the user agreement with end users and business customers who have not booked any paid additional services according to section 9 at any time with 30 days’ notice to the end of a calendar month. In the case of business customers, oobyte will provide justification for the ordinary termination. Possible reasons may arise from violations of the usage prohibitions according to section 2. oobyte’s right to extraordinary termination for good cause remains unaffected. In case of termination by oobyte, business customers and end users have the opportunity to clarify the circumstances that led to the termination within the internal complaint management of oobyte’s customer support.
If the business customer and oobyte have concluded a contract for the provision of paid additional services according to section 9, both the business customer and oobyte may terminate this contract under the conditions regulated in section 9.3.2.
Upon termination of the user agreement, (i) all content published by the user via the user profile/shop profile will be removed and the user account as well as the user profile/shop profile including the data stored therein will be deleted. However, this does not apply to data for which there are legal retention obligations. Upon termination of contracts between business customers and oobyte regarding the provision of paid additional services according to section 9, all claims by oobyte become immediately due for payment. The business customer has no entitlement to a refund unless otherwise regulated in the Terms and Conditions.
Without prejudice to the termination options under these terms of use, users may request deletion of their user account and user profile at any time by contacting customer support via email or via the button provided on the oobyte platform. Deletion of the user account and user profile does not automatically result in termination of the contract concluded with oobyte. This applies especially to business customers who have concluded an agreement with oobyte regarding the provision of paid additional services according to section 9.
After termination of the user agreement or after deletion of the user account and user profile, the user no longer has access to their content, regardless of whether the deletion was requested by the user or initiated by oobyte.
Claims for refunds or damages by oobyte and/or the users based on other provisions in these terms of use or under applicable law remain unaffected.

12.Changes to Prices, Services, and Terms of Use

oobyte is entitled to adjust prices in response to changing market conditions, significant changes in procurement costs, changes in value-added tax, or procurement prices. oobyte will inform users in text form via the oobyte app or by email in a timely manner, i.e., at least 30 days before the intended change, about the respective price changes of the oobyte services and will request consent to the changes. In the event of price increases, users have the right to terminate the contract until the price change takes effect. This will be communicated to them by oobyte in text form.
oobyte reserves the right to change these terms of use or the oobyte services, including their technical functionalities or the manner of integrating a third-party service (see section 14), at any time or to discontinue the respective oobyte service entirely. oobyte will only make such changes for valid reasons, particularly due to new technical developments, changes in legal conditions, or other equivalent reasons. In the case of such intended changes, oobyte will inform users in a timely manner, i.e., at least 30 days before the intended change, in text form via the oobyte app or by email about the respective changes and will request consent to the changes. If the user does not consent to the changes, the user agreement will continue under the unchanged terms of use. oobyte will then have a right to terminate according to section 12. If the change in the technical functionality of an oobyte service or the manner of integrating a third-party service does not lead to a change in the scope of services provided by oobyte to users, oobyte is entitled to make these changes without the consent of the users. In this case, however, the user has the right to terminate until the changes take effect if they do not agree with these changes.

13.Third-Party Services

13.1 General

Certain services available on the oobyte platform are not offered by oobyte itself, but by third-party providers (hereinafter referred to as “third-party services”). The respective third-party providers are solely responsible for the proper operation of these third-party services. oobyte’s role is limited to providing the third-party providers with the opportunity to offer their services on the oobyte platform, possibly in cooperation with individual business customers. Therefore, oobyte does not guarantee that the third-party services can be used without interruptions, errors, or security defects. oobyte’s obligation to keep the oobyte platform itself free from interruptions, errors, or security defects remains unaffected (see section 6.1).
The relationship between you and the third-party provider whose services you have used in connection with the operation of an oobyte service is a business or customer relationship and an agreement exclusively between you and the respective third-party provider. Therefore, oobyte is under no obligation to resolve misunderstandings, mediations, or disputes between you and the third-party provider. oobyte is not liable for damages resulting from your relationship with the respective third-party provider.
Third-party services can only be used based on the terms of use of the third-party providers. If you do not agree to the third-party provider’s terms of use, you may not be able to use certain third-party services via the oobyte platform.

13.2 Payment Service Providers

Business customers who have already registered with third-party online payment providers outside of the use of the oobyte platform for the settlement of their business transactions may also use the integrated payment options offered there for processing contracts they have concluded with end customers mediated via the oobyte marketplace. The provisions of section 14.1 apply accordingly.
oobyte offers its business customers operating on the platform a marketplace solution based on a unified billing model, which, according to these terms of use, covers both the fees displayed on the oobyte platform and the fees from third-party providers selected by business customers for their business on the oobyte platform.

14.Feedback and Comments

You may publish your comments and opinions using all communication means available to you (written comments, use of social media tools, communication with customer service, or otherwise). In doing so, you must comply with the provisions of these Terms of Use and must not knowingly publish misinformation or violate the rights of other users or oobyte employees.
oobyte reserves the right, but is not obliged, to remove or delete certain comments at its own discretion and without prior notice, especially if they violate section 2. The regulations in section 2.6 apply accordingly in this respect.
oobyte values your opinion as a user and is open to ideas and suggestions for the addition or improvement of the oobyte platform, regardless of whether it concerns a specific oobyte service or a third-party service.
The user is advised that under applicable German law, mere ideas and suggestions are not protectable and therefore no copyrights exist in this regard. Accordingly, oobyte is entitled to change the functionality of an oobyte service based on an idea or suggestion pursuant to section 15.3 without obtaining the consent or approval of the proposing user.

15.Notification of Copyright Infringements

Anyone can report a copyright infringement for any content on the oobyte platform. In the case of content posted on the oobyte social network, a copyright infringement report should be sent to customer support and must include information about the copyright holder, a detailed description of the copyrighted work and the infringement, as well as a link to the page where the disputed content was posted. After notification, oobyte may remove the disputed content and notify the person who posted the disputed content accordingly.
In the cases referred to in sentence 3 of section 15.1, the provisions of section 2.6 apply accordingly with the following provision: If the user who posted the contested content objects to the removal of the content, the person reporting the copyright infringement must provide proof that legal action to enforce the copyright infringement has been initiated. If this proof is not provided within fourteen days after reporting the copyright infringement, oobyte may permit the posting and further use of the contested content.
Information provided to customer support by persons who believe that the publication of content on the oobyte platform violates copyright may be forwarded to the user who posted the disputed content.
Proof of a copyright infringement may result in the permanent removal of the respective content from the oobyte platform as well as the blocking or permanent deletion of the respective user account. In this respect, the provisions of section 4.6 apply accordingly.
Intentional reporting of copyright infringements that do not actually exist may give rise to claims for damages and lead to criminal consequences.

16.Data Protection

By using the oobyte services, oobyte gains access to various data and information about the users. This concerns information and data that the user transmits to oobyte or that the user publishes via their user profile/shop profile. At oobyte, users’ privacy is respected, and by default, only a minimum amount of personal data is collected. oobyte processes users’ personal data in accordance with applicable data protection regulations, especially in compliance with the General Data Protection Regulation (GDPR).

If personal data of the end customer is processed within the contractual relationships between the business customer and the end customer, the end customer is the sole controller in the sense of Article 4 (7) GDPR and oobyte acts as the processor in the sense of Article 4 (8) GDPR. The specific obligations are regulated in a separate data processing agreement to be concluded between the end customer and oobyte pursuant to Article 28 GDPR.

To learn more about how we process your personal data, you can refer to our privacy policy available at https://oobyte.net/privacy-policy