Contracting parties
On the basis of the following provisions, you, the user, conclude a legally binding contract (hereinafter referred to as the "User Agreement") with Holi Moli GmbH, Eifflerstraße 43, 22769 Hamburg (hereinafter referred to as the "provider"). Users can be both legal entities and natural persons, who can be both entrepreneurs and consumers. Users who have not yet reached the age of 18 cannot conclude a contract with the Provider. If you are acting on behalf of a legal entity, the legal entity is the user and you are its representative.
In order to register on the Platform, each user must personally conclude a user agreement with the provider in accordance with the provisions contained in these Terms of Use. This also applies to employees of users who are already registered on the Platform. Group registrations are not possible. Each registration is assigned to the user who has concluded the user agreement with the provider. It is not possible to transfer the user agreement and/or a registration to other persons. The assignment of claims against the provider is excluded. The provider hereby objects to the assumption of obligations of the user by third parties.
Use of the platform is free of charge. Use is also possible to a limited extent for non-registered users. However, the provider reserves the right to make functionalities or areas that are currently accessible without restriction available only to registered users in the future.
Scope of application of the GTC, objection to deviating terms and conditions of the user
The subject of the user agreement is the use of the "holi" platform (hereinafter referred to as "holi"). holi is the digital place for committed people and non-profit organizations to take action together. The platform combines existing social apps and digital tools in one home. Various functionalities are offered for this purpose, such as networking opportunities with other users, "spaces", a chat function and other services. You can find out more about the full range of functions at https://holi.social/
holi is currently available on the Internet at https://app.holi.social/ and is also made available by the provider as an app for mobile devices. It is at the provider's discretion to offer holi on other communication services and/or remove it from communication services in the future. The user agreement applies to all channels and services via which holi can be called up and/or accessed. The services and/or tools via which users use holi, for example software such as the holi app, are not covered by these Terms of Use. In this regard, further provisions may apply (for example, the terms and conditions of the respective app store or a license agreement for the use of the holi app).
Conclusion of the user agreement
Users are not entitled to register and conclude a user agreement. The provider reserves the right to reject the registration of users without giving reasons and, in particular, to cancel an existing registration retrospectively in the event of a violation of holi's Community Guidelines.
In order to conclude a user agreement, the user must provide the information requested during registration completely and truthfully. Once the requested data has been entered correctly, the provider shall send the user a confirmation email to verify the email address. By clicking on the confirmation link, the user submits an offer to conclude a contract of use. By activating the user to participate in holi, the provider accepts the offer. The user agreement is concluded when the provider accepts the offer.
The user agreement is available in English and German. It is also available for users to download here.
Access data and user profile
The access data for holi consists of the e-mail address provided by the user during registration and a password. The user is free to choose the password. However, it must meet certain security criteria, which the user is informed of when choosing the password.
Simultaneous access by several persons via the personal access data of one user is not permitted. The user is responsible for maintaining the confidentiality of the access data and must prevent its misuse. The disclosure of access data to or knowledge of access data by third parties shall be considered misuse. If the User becomes aware of misuse of the access data or suspects misuse, the Provider must be informed immediately. In such a case, the Provider shall be entitled to block access immediately.
No usage fee
The use of holi is free of charge. The user is not obliged to pay a price or any other usage fee.
Obligations of users, including posting and sharing content
The user is obliged to provide only true and non-misleading information in his/her profile. We ask that you use your real name and not pseudonyms or stage names.
The user is obliged to respect all third-party rights at all times. In particular, the user is prohibited from posting, publishing and/or advertising content that is criminal, racist, sexist, derogatory, discriminatory, offensive, defamatory or contrary to the protection of minors, harassing other users, in particular sending them unsolicited messages (§ 7 UWG) and/or engaging in or promoting anti-competitive activities.
Notwithstanding the above provisions, the user is obliged to refrain from all actions that jeopardize the operation of holi or go beyond the intended use of holi. In particular, the user is obliged to refrain from sending viruses or other technologies that could damage holi or the interests or property of other users, expose holi's infrastructure to excessive load or otherwise disrupt or jeopardize the functioning of holi. The user shall also refrain from collecting or using information, in particular e-mail addresses or telephone numbers, about other users without the prior consent of these users, as well as from circumventing measures that serve to prevent or restrict access to holi. The provider reactively checks the content posted on holi for information from third parties such as users and authorities. For this purpose, the provider uses a dualistic system of technology and human moderation. The provider's moderation system is explained to users in detail here.
The provider is entitled to delete content posted by the user in holi in whole or in part or to delay or not publish content if, in the provider's opinion, there are indications that the content violates these Terms of Use, the Community Guidelines of holi or legal requirements, or that the user has otherwise culpably violated contractual obligations. In such a case, the provider may also warn the user and/or temporarily or permanently exclude the user from using holi or restrict the use of individual functions of holi permanently or for a limited period of time. In the event of a temporary or permanent block, the provider shall inform the user of this circumstance with a reasonable period of notice before the restriction comes into effect and justify this on a durable medium (e.g. email), provided there are no compelling reasons to the contrary. The aforementioned period shall not apply if the termination or permanent blocking is due to mandatory statutory provisions or an official order or if the provider can prove that the user has repeatedly violated these Terms of Use, which has led to the termination or permanent blocking.
If the user is of the opinion that the removal of content or the restriction of access by the provider was incorrect, he/she can request a review of a moderation decision via e-Mail to moderation@holi.social. The provider will review its decision on the basis of the complaint. Users can find more detailed information about the provider's complaints management here.
NOTE: If the user agreement with the admin of a space on holi ends and no other admin is available, all content of the space, including the content posted by the user, will be deleted (see section 8.c).
The user grants the provider the non-exclusive rights of use to the content posted by him/her that are necessary for the provider to fulfill the user agreement and operate holi as intended. The content must be free of third-party rights. The granting of rights of use shall be limited to the duration of the user agreement, but shall be unlimited in time with regard to content that is part of communication with other users and shall apply beyond the termination of the user agreement. Section 8.d shall apply. In this respect, the user waives the right to be named as the author.
The user shall indemnify the provider against all claims asserted against the provider by other users or other third parties due to an infringement of their rights by content posted on holi by the user or due to the user's use of holi. The user shall assume the costs of the provider's legal defense, including all court and attorney's fees in the statutory amount. The claim for indemnification does not exist if the user is not responsible for the infringement. In the event of a claim by a third party, the user is obliged to provide the provider immediately upon request, truthfully and completely, with all information necessary for the examination of the claims and a defense against them. Any liability of the user beyond these provisions shall remain unaffected.
Non-existence of a right of withdrawal
According to § 312 para. 1 and 1a BGB there is no right of withdrawal.
Term of the user agreement
Subject to a separate agreement between the parties, the user agreement shall run for an indefinite period. It may be terminated by either party at any time without notice. The user may also terminate the agreement by deleting the user account.
The right to extraordinary termination remains unaffected.
After the termination takes effect, the provider shall delete all of the user's data. In principle, this also applies to all content that the user has posted in holi. If a Space no longer has an administrator as a result of the termination, the entire Space shall also be deleted.
Insofar as content or data of the user is part of a communication with several users, for example in group chats, comments or forum posts, the provider shall not delete this data after termination of the User Agreement, but shall pseudonymize this data and content by removing the name of the user. Further pseudonymization of the posted content is not owed.
Liability
The content published on holi and other content of users does not reflect the opinion of the provider and is not checked by the provider for its legality, accuracy and completeness. The provider assumes no liability for the accuracy and completeness of the information contained in the content and also assumes no liability for the quality, security or legality of the content posted by users.
Insofar as the provider does not make holi or individual functions of holi available against payment of a price, holi shall be liable in accordance with the statutory provisions on loans and gifts. Otherwise, the provider shall be liable in accordance with the following provisions.
The provider shall be liable in accordance with the statutory provisions for intent and gross negligence on the part of the provider, its legal representatives, executives or other vicarious agents. The same applies to the assumption of guarantees or any other assumption of no-fault liability as well as to claims under the Product Liability Act or in the event of culpable injury to life, limb or health. The provider shall also be liable on the merits for simple negligent breaches of essential contractual obligations caused by the provider, its representatives, executives and other vicarious agents, i.e. such obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the User regularly relies and may rely, and whose breach on the other hand would jeopardize the achievement of the purpose of the contract, but in this case limited to the amount of typically occurring, foreseeable damage. Any further liability of the provider is excluded.
Insofar as the liability of the provider is excluded or limited, this shall also apply in favor of the personal liability of its legal representatives, executives and other vicarious agents.
Availability
The provider strives for an annual average availability of holi of no less than 99%. This availability does not include periods of unavailability that are due to errors in the data transmission network or are the responsibility of the data transmission company, or periods of unavailability in cases of force majeure or other cases in which the cause of the unavailability lies outside the provider's area of responsibility, in particular in the event of power failures and disruptions to the telecommunications networks. Furthermore, times of unavailability due to routine maintenance or updating measures between 11:00 p.m. and 2:00 a.m. and due to announced necessary maintenance are not covered.
Data protection
The Provider shall comply with all applicable data protection regulations. Further information on data protection can be found in the Privacy Policy of holi.
Some functions of holi are intended for users to transmit their own personal data to other users. This is done at the user's own risk.
Content Feed
In the content feed, third parties provide content for use by users. The content of the content feed is third-party information for which the provider is not responsible, unless the provider has knowledge of the illegality of the information in question in individual cases.
Spaces
Spaces are spaces in which users can work together with other users on social and ecological issues. In a space, users can start their own initiative or join existing ones. In a space, digital tools and resources are offered that make it easier for users to be effective and active together.
Some areas of Spaces can also be viewed by non-registered users of holi. Registered users can also join a Space and use the tools provided there. Users who join a Space are also referred to as "contributors".
The content made available for retrieval in a Space is third-party information for the provider. The provider does not adopt this information as its own. It regularly has no knowledge of the individual contents and only checks them for legality after being notified. In individual cases, the provider's responsibility arises at the earliest when it becomes aware of the illegality of the information in question.
NOTE: If the user agreement with the admin of a space on holi ends and no other admin is available, all content of the space, including the content posted by the user, will be deleted (see section 8.c).
Functions from third-party providers: Apps
Some functions that can be used on holi are operated by third-party providers under their own responsibility. This applies, for example, to donation projects or the "Good news" section. The operators of these services are the third parties named in the respective area. The provider has no influence on these services and is generally not responsible for the information and services provided there. In individual cases, the provider's responsibility arises at the earliest from the time it becomes aware of the illegality of the information in question.
The Provider is entitled to transfer the rights and obligations arising from the User Agreement in whole or in part to third parties without the consent of the user being required.
The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/ , which consumers can use to resolve a dispute and on which consumers can find further information on the subject of dispute resolution. However, the provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law. The mandatory consumer protection law of the European member state in which a user has his habitual residence remains unaffected.
Status: Februar 22, 2024