1. Scope of application
2. Contract of use
2.1. By using the application, a free user agreement is concluded. The subject matter of the user agreement is the use of the application in the respective current scope of functions.
2.2. The Provider shall be entitled at any time to redesign or restrict the application, to discontinue it in whole or in part, or to offer it in whole or in part for a fee.
2.3. Contracts of use shall commence in each case with starting a decision-making process and shall end after 42 days without any notice of termination being required.
3. Mode of operation
3.1. konsens is an application to initiate and execute group decisions. The decision-making process takes place in three phases.
3.2. In the first phase a user posts a question. After publishing the question, the creator can invite other users to participate in the decision-making process by sending a public URL.
3.3. In the second phase, all users who have the URL can submit proposals.
3.4. In the third phase, all users who have the URL can rate each individual proposal. The rating is done by assigning resistance points between 0 and 10.
3.5. In order to be able to post a question and to rate proposals, users must enter a name. The name can be the civil name, a fantasy name or a pseudonym.
3.6. At the end of the rating phase, the application determines the group results from all submitted ratings and displays proposals with the lowest group resistance as the best proposals.
4. Rules of conduct
4.1. The questions and proposals posted may not be illegal, discriminatory, offensive or objectionable. Users indemnify the Provider from all claims of third parties in this respect.
4.2. The application may not be used to harm other users or third parties. Decisions may not be disturbed by unobjective or extraneous proposals. The application may not be used for right-wing populist or conspiracy ideological purposes.
4.3. In case of violation of the rules of conduct, the Provider is entitled to exclude users from further use and to take legal action. The Provider reserves the right to use filters and software to prevent or detect violations.
5. Data protection
5.1. Users are obliged to respect the privacy of other users and are not allowed to publish confidential information.
5.2. Any person who has access to the URL may view all content associated with the decision, participate in the decision, and delete decisions during and after the decision-making process.
5.3. All data associated with a decision (question, proposals, names and ratings) are automatically permanently and irrevocably deleted 42 days after the decision-making process is started. Users can delete a decision themselves at any time before the aforementioned period expires.
6. Rights of use
6.1. The Provider is the sole author and owner of the application and other intellectual property rights. The Provider grants users the right to use the application within the scope of the user agreement and the functionality of the application.
6.2. The application may be used free of charge by private individuals, companies, organizations, and institutions for their own purposes. The commercial exploitation of the application through sale, rental, or other paid transfer to third parties is not permitted. Embedding the application in other websites is not permitted.
6.3. No further rights to use the application are granted. In particular, users are not
(a) copy, modify or reproduce the application or data,
(b) use robots, spiders or other automatic processes or means to access or use the application.
6.4. Users grant the Provider the rights to their content (questions and proposals) within the scope of the functioning of the application, including publication. Users are responsible for ensuring that their content does not infringe the copyrights of third parties.
6.5. Names, signs or logos of the application or the Provider may not be used without prior consent.
7. Technical requirements
7.1. The application is provided as software-as-a-service. The Provider may use services of third parties for the operation of the application without restriction, in particular services of an external hosting provider.
7.2. The application can only be used with an existing internet connection. The Provider does not owe constant availability of the application. In particular, availability may be limited due to technical malfunctions or maintenance work. Decisions may therefore be temporarily inaccessible, as a result of which the decision-making process may have to be interrupted or cannot be completed.
7.3. The presentation of the application may differ on different end devices, screens or browsers. The Provider is not obligated to optimize the application in this regard.
7.4. It is possible that the application may be provided with malicious code by third parties. Users are obliged to install suitable security software on their end devices before using the application and to keep it up to date.
8.2. The Provider is not liable for an error-free functioning of the application, especially not for the correctness of the determined rating results. Users shall not be entitled to have any defects remedied.
8.3. The Provider shall not be liable for damages incurred by users through the use of the application. In particular, the Provider is not liable for damages caused by unauthorized publication of the URL to a decision or by loss of data.
8.4. The implementation of rating results is at the user’s own risk. The application does not make any statement about the correctness or meaningfulness of the proposals and ratings.
9.1. The Provider owes neither technical nor user support. The answering of questions sent in takes place exclusively as a gesture of goodwill.
9.2. The prerequisite for answering a support request is an understandable and detailed description of the question.
10.1. If users notice illegal, discriminatory, offensive or objectionable content, they can report this to the Provider. The Provider will check the content in question within a reasonable period of time and delete it if necessary. Provided that there are no serious cases, the user in question will be given the opportunity to make a prior statement before the content is deleted.
10.2. If content is relevant under criminal law, the Provider is obliged to provide the relevant information and details to the criminal prosecution authorities.
11. Financial support
11.1. Users can support the Provider financially by making voluntary payments. Voluntary payments are made without legal obligation and are independent of the use of the application. Voluntary payments do not constitute consideration for the use of the application.
11.2. The Provider is not a non-profit organization and is not entitled to issue donation receipts in the tax sense. Voluntary payments are therefore not tax deductible for users. The Provider shall tax voluntary payments as business income.
11.3. The Provider may use voluntary payments at its own discretion. There is no obligation on the part of the Provider to offer the application permanently free of charge. In the event of a chargeable offer, voluntary payments made shall not be refunded or credited against fees to be paid. Supporters are not entitled to discounts or discounted memberships.
12. Final provisions
12.1. German law shall apply exclusively, insofar as mandatory consumer protection regulations of an EU country in which the user resides are not restricted thereby.
12.2. The place of jurisdiction for the legal assertion of claims against the Provider is its registered office, insofar as mandatory provisions of EU law do not permit a different place of jurisdiction.