TERMS OF USE FOR THE CROSSIETY PLATFORM OF CROSSIETY AG, RÄFFELSTRASSE 24, 8045 ZURICH, SWITZERLAND ("CROSSIETY")

Version 1.8, as of December 2020

On the platform www.crossiety.app and in the application of the same name (hereinafter collectively referred to as "Crossiety Platform"), Crossiety offers services and information for the residents of a municipality/city and/or a district and, with the digital village square, offers a platform on which residents can network and communicate with each other as well as with the municipality/city and in associations, institutions and interest groups.

For this purpose, a resident of the respective municipality/city must register at www.crossiety.app or via the mobile application (hereinafter referred to as "user").

The following Terms of Use exclusively regulate the use of Crossiety's offer on the Crossiety platform by the User.

For the provision of services for municipalities/cities and/or counties, on the other hand, the General Terms and Conditions (GTC) in the service contracts concluded with the municipalities/cities or counties apply exclusively.

1. Subject matter of the contract

   These Terms of Use apply to all free services for users offered by Crossiety on the Crossiety platform at present and in the future, in each case until they are changed or supplemented. Other offers of Crossiety are not subject of these terms of use.

2. Authorized User / Registration / Data Protection Consent

   All natural persons are entitled to use the site. However, there is no right to use the site.

   Crossiety reserves the right to provide individual services and benefits only under additional conditions (e.g. registration and/or use for specific purposes only) and upon separate request.

   The use of Crossiety's services on the Crossiety platform requires a so-called account with Crossiety. Accounts can be created by an own registration of the authorized users with a minimum age of 16 years. When registering, the user is obligated to truthfully and completely provide the data requested during the registration process, especially his real and complete name, place of residence and a valid e-mail address. In case of doubt, Crossiety is entitled to request proof of the accuracy of the information.

   The user agrees to the storage and processing of his data requested during registration for the purpose of providing Crossiety's services. For the rest, the regulations of Crossiety's privacy policy apply.

   A usage agreement with Crossiety is only concluded when Crossiety confirms the registration or tacitly/conclusively accepts it by providing the services. Crossiety is entitled to terminate the usage agreement at any time without notice and without giving reasons.

3. Services of Crossiety

   1. The services of Crossiety are offered to the user free of charge, but only within the technical, operational and financial possibilities of Crossiety. Therefore, the user has no claim to the provision of certain services. The user gets access to the respective digital village square and the public/regional contributions in his region only, depending on his place of residence.

      Crossiety does not give any assurances regarding a certain scope of services or the error- and interruption-free availability and accessibility of the offered services. In particular, Crossiety does not give any warranty for possible placement successes.

      Crossiety reserves the right to discontinue its services and performances at any time and to change the provided services and performances in type and scope. The user will be informed about these changes within a reasonable period of time by mail and/or during registration and can object to these changes. The objection entitles both parties to immediately terminate the corresponding user agreement.

      It is clarified that Crossiety does not act as a fee-based intermediary for any services offered on the Crossiety platform by users and/or third parties. The User has the possibility to use the services and benefits of Crossiety multiple times.

   2. Regarding the service of the Crossiety "Newsletter", which requires registration, the following also applies:

      The "Newsletter" is a personalized newsletter to which the User can subscribe and which informs the User at irregular intervals about new developments and offers on the digital village square.

      For the purpose of sending and personalizing the newsletter, Crossiety processes the personal information voluntarily provided by the user during the registration of his account and/or thereafter regarding his place of residence and the associated digital village square. The user agrees to the storage and corresponding use of his data by Crossiety and/or third parties commissioned by Crossiety with the corresponding service provision.

      With confirmation of the registration the subscription to the newsletter starts. The newsletter is sent out at irregular intervals. Crossiety is not obligated to send the newsletter on a regular basis.

      Crossiety also reserves the right to suspend or stop sending the newsletter at any time and without prior notice. This applies in particular to cases where proper execution cannot be guaranteed for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons.

      The subscription to the newsletter can be cancelled by the user at any time by sending an email to Crossiety or by clicking on a corresponding link in the newsletter (opt-out).

      In this case, Crossiety deletes the data deposited by the user, as far as these are not required for the provision of further services and benefits.

4. Obligations of the user

   The user is obligated not to pass on a password assigned to him in the course of the registration for his account and/or determined by himself to third parties and to keep it protected from access by such third parties. Crossiety is entitled to block access to its services requiring registration if there is a reasonable suspicion that the password is being used by unauthorized third parties. The User will be informed about this and will be assigned a new password.

   The User will not use the services and performances of Crossiety for commercial purposes and only within the scope of Crossiety's purpose. The use of a registration to read, store or transmit personal data of other users for purposes other than the intended use of the offer is prohibited.

   When using the offer of Crossiety, you are not allowed to send or store any data on a data carrier, which by its type or nature, size or number is suitable to impair the functioning of the computer systems of Crossiety or third parties or to violate the rights of third parties (e.g. viruses, spam emails, etc.).

   The user assures to have the necessary rights over his published posts and/or images and in this respect grants Crossiety a simple right to use these contents without temporal and spatial restrictions.

5. Consequences of breaches of duty, claim for indemnification

   In case of violations against the obligations of these terms of use by a registered user, Crossiety is entitled to block and deactivate the account immediately and without prior notice, to delete content or in case of obviously abusive registration or use to delete it immediately, as well as to take other appropriate measures to protect against such violations. The same shall apply in the event that there is sufficient suspicion of such violations.

   In case of a culpable violation, the user is liable to Crossiety for compensation of all resulting damages. In these cases he also indemnifies Crossiety from any justified claims of third parties, including the actual costs of legal defense. All further claims remain reserved.

6. Liability

   1. Crossiety makes every effort to ensure that the information provided on its website is up-to-date, correct and complete, and has created its own content to the best of its knowledge. However, Crossiety does not assume any liability for their correctness, completeness or up-to-dateness nor for their legality or for contents provided by third parties.

      For these third party contents Crossiety is not obligated according to Swiss law as well as the legal regulations of § 8 to 10 TMG and is also not able to comprehensively check and/or monitor the legality of contents uploaded or published by third parties as well as to search for circumstances that indicate illegal activity. This also applies to hyperlinks. Crossiety does not adopt these contents as its own.

   2. Crossiety's liability, regardless of the legal reason, for damages caused by it, its legal representatives or its respective vicarious agents - subject to the following - is limited as follows:

      In the event of a slightly negligent breach of a material obligation arising from the contractual obligation ("cardinal obligation"), Crossiety's liability is limited to the amount of damages foreseeable at the time of the conclusion of the contract and typical for the contract. "Cardinal obligations" are such obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which a contracting party may regularly rely.

      Furthermore, Crossiety is not liable for the loss or deletion of data or the slightly negligent breach of non-essential obligations arising from the contractual obligation.

      These aforementioned limitations of liability do not apply in cases of gross negligence or intentional acts as well as in cases of mandatory legal liability, especially in case of assumption of a guarantee or culpable injury to life, body and health.

7. Cancellation / Termination

   The user can terminate this user agreement at any time without notice by deleting the account or by sending an email to Crossiety. In case of termination Crossiety is entitled to block and/or delete the respective account as well as all content of the registered user.

8. Modification/Supplementation of the Terms of Use / Final Provisions

   Crossiety is entitled to change these Terms of Use partially or completely at any time, regardless of the legal reason, as long as the user is not unreasonably disadvantaged. This is always the case if the changes are without economic disadvantages for the user. Crossiety will inform the user about the changes beforehand within a reasonable period of time by mail and/or during registration. The user can object to these changes. The objection entitles both parties to immediately terminate the respective user agreement. However, the changes are considered approved if the user continues to use Crossiety's offer after the notified date of the changes coming into effect. The user will be informed about this legal consequence separately.

   German law applies to these terms of use. For users residing in Switzerland, Swiss law applies. If individual provisions of these Terms of Use or the Privacy Policy are or become invalid, this does not affect the validity of the remaining provisions.