General terms and conditions
The English version of these terms and conditions is a translation only. The binding language is German. The German version of these terms and conditions shall prevail.
1. Subject and scope of these terms of use
1.1. These general terms and conditions (GTC) regulate the rights and obligations between us (The Ego Company GmbH, Pappelallee, 78/79, 10437 Berlin) as provider and you as “customer” in connection with the use of “myEGO2GO” and the “myEGO2GO“-App.
1.2. Our GTC apply exclusively. Should your GTC deviate from these GTC or regulations contradict each other, these GTC will not be accepted by us unless we have expressly agreed to their validity in writing or in text form.
2. Conclusion of contract
2.1. Unless otherwise expressly agreed upon individually, a contract is only concluded upon successful completion of the registration process. A successful registration will be displayed when using the app. You will then be able to use all of the app’s available functions.
2.2. You have the possibility to print the text of the contract (these GTC) during the registration process and before conclusion of the contract if you call up the GTC on our Internet pages and use the print function of your terminal device.
2.3. There is no right to the conclusion of a contract. We are free to reject any offer of a user to conclude a contract without giving reasons.
2.4. The prerequisite for registration is that you are at least 16 years old. Minors are only allowed to register with the consent of their legal guardians (e.g. parents).
3. Responsibility for access data
3.1. In the course of use, the hyperledger ID and private key will be displayed in the “Secure Codes” area after registration. These are exclusively accessible to you and must therefore be kept secret, secured and not made accessible to unauthorized third parties.
3.2. You must also ensure that access to and use of our “App” with the user data is exclusively by you and/or authorised users. If there are any facts that give reason to believe that unauthorized third parties have obtained or will obtain knowledge of your access data, you should inform us immediately.
3.3. You are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.
4. Note on the right of withdrawal
You will receive our information on the right of withdrawal for consumers again by e-mail after an order. You can also download them here: cancellation policy.
5. Our services
5.1. myEGO2GO includes the following services:
The app offers the possibility to store data (e.g. identity card, driver’s license, email address, phone number, credit cards, etc.) about your identity and to have it verified by third parties. The data is stored in encrypted form and can only be viewed and changed using the private key. The app also offers the possibility to transfer the data to connected partners.
5.2. We reserve the right to expand and optimise our services at any time.
6. Your general obligations
6.1. You are obliged to provide truthful information which you provide in connection with the use of “myEGO2GO”.
6.2. You are obliged to comply with the applicable laws when using our services.
7. Posting of content by you
7.1. You can create content via MyEGO2GO or upload content to us and then make it available to third parties. The following terms and conditions apply to the posting of content by you:
7.2. By posting content, you grant us the right to store the data for you and, if initiated by you, to make it available to third parties.
7.3. You are fully responsible for the content stored by you. We ourselves cannot view your data because of the encryption methods used.
8. Availability of services
8.1. We ask for your understanding that we make every effort to provide the service without interruption.
8.2. In our area of responsibility, we guarantee an availability of 98% on an annual average. Not included in the calculation of availability are the regular maintenance windows, which are 4 hours per week and are usually carried out between 0:00 and 6:00 Central European Time. We will inform users of chargeable services of any planned maintenance work deviating from this – as far as possible – in advance in text form.
9. Prohibited actions
9.1. When using our services, actions that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors are prohibited. In particular the following actions are prohibited:
- the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
- the use of content by which third parties are insulted or defamed;
- the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.
9.2. The following activities are also prohibited regardless of any violation of the law when using our app:
- the spreading of viruses, Trojan horses and other harmful files;
- the sending of junk or spam mails and chain letters;
- the distribution of offensive, sexually-oriented, obscene or defamatory content or communication as well as such content or communication that is suitable to promote or support (explicitly or implicitly) racism, fanaticism, hatred, physical violence or illegal activities;
9.3. Also prohibited is any action that is likely to impair the smooth operation of our Internet pages, in particular to place a disproportionately high load on our systems.
10. Blocking of accesses
We may temporarily or permanently block the use of our services if there are concrete indications that you are violating or have violated these GTC and/or applicable law or if we have any other legitimate interest in blocking. When deciding on a blockage, we will take appropriate account of your legitimate interests.
11. Payments and repayments
11.1. The respective prices and payment modalities result from the respective product descriptions at the time of the conclusion of the contract.
11.2. In the event of non-payment or unpaid receivables, we reserve the right to block the account until the outstanding receivables have been settled in full.
12. Contract duration & termination
12.1. The contractual relationship runs for an indefinite period.
12.2. The contractual relationship can be terminated by either party with a notice period of 14 days to the end of the month.
12.3. The right of each party to extraordinary termination remains unaffected.
12.4. With the expiration of the contract your data will be made completely inaccessible. You then no longer have access to the data. The data can also not be restored.
13. Limitation of liability
13.1. In the event of intent or gross negligence, we shall be liable without limitation for all damage caused by us in connection with the provision of the contractual services.
13.2. In the event of slight negligence we shall be liable without limitation in the event of injury to life, body or health.
13.3. Otherwise, we shall only be liable in connection with the provision of services against payment if we have breached an essential contractual obligation. In this context, essential contractual obligations are abstractly defined as those obligations whose fulfilment is essential for the proper execution of the contract and on whose observance you may regularly rely.
13.4. Insofar as our liability is excluded or limited according to the aforementioned provisions, this shall also apply to our vicarious agents.
13.5. The liability according to the product liability law remains unaffected.
14. Data protection
14.1. We ensure that personal data is only collected, stored and processed to the extent necessary for the contractual provision of services, permitted by statutory provisions or ordered by the legislator. We will treat personal data confidentially as well as in accordance with the provisions of the applicable data protection law and will not pass it on to third parties unless this is necessary for the fulfilment of contractual obligations and/or there is a legal obligation to pass it on to third parties.
14.2. In the event that data protection declarations of consent are obtained from you in connection with the use of our Internet pages, it is pointed out that you can revoke these at any time with effect for the future.
14.3. Further information on data protection and on the purpose, type and scope of the collection, processing and use of personal data can be found in the data protection declaration, which can be accessed at any time via the “Data protection” link.
15. Amendments to the general terms and conditions
15.1. We reserve the right to change these General Terms and Conditions at any time with effect also within the existing contractual relationships.
15.2. We will inform you about such changes in text form (e.g. e-mail) at least 6 weeks before the planned effective date of the changes.
15.3. If you do not object to the changes within 6 weeks of receipt of the notification and continue to use the services even after the expiry of the objection period, the changes shall be deemed to have been effectively agreed from the expiry of the period. In the notification of changes you will be informed of your right to object and of the consequences of an objection.
15.4. In the event of an objection, we shall be entitled to terminate the contractual relationship with you with effect from the planned date of entry into force of the changes.
16. Final provisions
16.1. The law of the Federal Republic of Germany shall apply, whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
16.2. If you are a merchant, a legal entity under public law or a special fund under public law, Munich is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
16.3. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
16.4. The European Commission’s Online Dispute Resolution (OS) Platform for consumers: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.
Status: 08.01.2020