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Terms of Use

1. General

1.1 Field of application

These Terms of Use apply in the version valid at the time the contract is concluded for all business relationships between us (SooMore GmbH, Echinger Str. 21, 85375 Neufahrn, represented by its managing directors: Ms Lejla Seferovic and Mr Benjamin Urosevic) and you. Should you use conflicting terms of use, these are hereby expressly rejected.

1.2 Contract agreement

The contractual language is German. The presentation of our website in English is for information purposes only.

Providers within the meaning of these Terms of Use are exclusively entrepreneurs within the meaning of § 14 BGB.

"Platform" is the "SooMore" matchmaking platform provided on our website or app.

"Users" are all persons who use the functions of our platform. This includes both providers and end customers.

"Providers" are entrepreneurs who present their services and their company over our platform and are available for end customers to contact them.

"End customers" are all persons who use our platform to find out about providers and contact them if necessary.

1.3 Download over App Store or Play Store

Our app will soon be available over the Apple App Store and the Google Play Store. The download is processed over the corresponding App Store. A user account is required for the download. You can set this up in the App Store or Play Store. The terms of use of the stores apply when using them. Once you have downloaded and installed the app, you can either register for the first time or sign in with your existing user data. The contract is concluded in accordance with 1.4 of these Terms of Use.

1.4 Registration

1.4.1 End customers (free user contract)

In order to use the full scope of our platform, it is first necessary to create a user account. The data required for service provision by us will be requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation email with the details required for login. Registration is only complete once you have logged in to our website with these details for the first time.

The password that gives you access to the personal area must be kept strictly confidential and may not be passed on to third parties under any circumstances. You shall take suitable and appropriate measures to prevent third parties from gaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties. We are not liable for any damage caused by misuse of the password.

1.4.2 Provider (partly fee-based licence agreement)

To use our platform as a provider, it is necessary for you to register as a company and create an account for this purpose. The data required for the service provision by us will be requested and confirmed by clicking on the "Register" button. You will then receive a confirmation e-mail with the details required for login. Registration is only complete once you have logged in to our website with these details for the first time.

The password that gives you access to the personal area must be kept strictly confidential and may not be passed on to third parties under any circumstances. You shall take suitable and appropriate measures to prevent third parties from gaining knowledge of your password. An account cannot be transferred to other providers or other third parties. We are not liable for any damage caused by misuse of the password.

At the end of the free trial period, the usual procedure is for you to choose one of our three service packages. If you choose not to become a paid member, your free membership will be maintained as a basic account.

When booking a paid service package over the platform, the booking process consists of a total of four steps. In the first step, you select the desired service package. In the second step, you enter your details including your billing address and, if applicable, a different address, if these are not already saved in your customer account. In the third step, select the payment method. In the fourth step, you have the opportunity to check all details (e.g. name, address, payment method, desired service package) once again and correct any input errors before confirming your order by clicking on the "Confirm now and become a member" button. By making a booking, you make a binding offer to enter into a contract. We will confirm receipt of the booking without delay. The confirmation of receipt does not constitute a binding acceptance of the booking. We are authorised to bindingly accept the contractual offer contained in the booking within five calendar days of receipt of the booking by e-mail, fax, telephone or post. The contract is concluded upon acceptance.

The text of the contract will be saved by us and sent to you in text form (e.g. e-mail or by post) after your booking has been sent, together with these Terms of Use and customer information. However, you will no longer be able to retrieve the text of the contract over the website once you have sent your booking. You can print out the relevant website with the contract text over the browser's print function.

1.4.3 Login with Facebook or Google account

1.4.3.1 Login with Facebook account

You can also register over your existing Facebook account. To do this, click on the "Login with Facebook" button. This will redirect you to www.facebook.com (operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). There you enter your Facebook account details and click on "Sign in". Facebook's privacy policy and terms of use apply to the use of Facebook services. In all other respects, the statements in sections 1.4.1 and 1.4.2 of these Terms of Use apply accordingly.

1.4.3.2 Login with Google account

Alternatively, you can also register over your existing Google account. To do this, click on the "Login with Google" button. This will redirect you to www.accounts.google.com (operated by Google Ireland Ltd. Gordon House, Barrow Street, Dublin 4, Ireland). There you enter your Google account data and click on "Sign in". Google's privacy policy and terms of use apply to the use of Google services. In all other respects, the provisions of sections 1.4.1 and 1.4.2 of these Terms of Use apply accordingly.

1.5 Contract conclusion between provider and end customer

Providers and end customers can contact each other over the platform and conclude a separate contract. We do not ourselves become a contracting party to the agreements concluded over our platform, but only provide the platform.

1.6 Communication with and over the platform

All communication with and over the platform takes place over the email address you have saved. You must ensure that you can take note of the messages sent to you and must ensure that you have saved up-to-date address data in your profile.

1.7 Later changes to the terms and conditions

We are authorised to later adjust and supplement the Terms of Use in relation to existing business relationships if changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A later change to the terms and conditions will take effect if you do not object within six weeks of notification of the change. At the beginning of the period, we will expressly inform you of the effect of your silence as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object within the deadline, both you and we may terminate the contractual relationship without notice, unless we continue the contractual relationship under the old Terms of Use.

2. Description of services

2.1 General

"SooMore" is a platform that enables end customers and providers to enter into a relationship for the purpose of concluding a service, work or work supply contract.

"SooMore" is exclusively a platform to support administrative processes.

2.1.1 Service for providers

Providers can use the platform's social media offerings, send offers to end customers with templates, present their company and the services they offer, use appointment calendars and arrange or cancel appointments with end customers.

We also offer the possibility for providers to reply to requests with a professional list of services in a few minutes thanks to the ERP system integrated on our platform, which is easily possible thanks to our own digital material library provided by suppliers and wholesalers.

Upon a successful booking, both parties - end customer and provider - automatically receive e-mail notifications with embedded calendar invitations.

The services you can take advantage of depend on the service package selected. The more precise scope of the respective service packages can be found on our website.

2.1.2 Services for end customers

As an end customer, you can book appointments directly with providers or compare different offers. We also enable you to find providers who are available at the more precise time you require (e.g. 24/7 emergency service).

If a booking is successful, both parties - end customer and provider - automatically receive e-mail notifications with embedded calendar invitations.

In addition, our platform has a social media component that enables the sharing of home ideas.

The more precise scope of the service we offer can be found on our website.

2.2 Service provision

We are authorised to have the contract or parts of the contract realised by third parties.

2.3 Performance period

Unless expressly agreed otherwise, we will provide the service immediately after your successful registration. We provide paid services to providers immediately after the conclusion of the contract.

2.4 Conditions for our coupons

You can use our coupons on our website. Cash payment of coupons is not possible. We offer two types of coupons:

Personal coupons: These coupons are issued in the name of the recipient and can only be used by that person. They cannot be transferred to another person. The validity period of personal coupons varies and can be found in the individual terms and conditions of the respective coupon.

General coupons: These coupons are not personalised and can be redeemed by anyone in possession of the coupon code. The validity period of general coupons also varies and can be found in the individual conditions of the respective coupon.

The conditions stated when the coupon is issued and our terms of use apply to all coupons. Please note that certain coupons may have specific conditions that affect their used or validity. These conditions are clearly stated on the coupon itself or in the accompanying communication.

3. Payment for fee-based contracts of use

3.1 Prices

All prices are included of VAT.

3.2 Default of payment

You shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 9 percentage points over the base rate of the European Central Bank. Should you fall into arrears with your payments, we reserve the right to charge a reminder fee of 2.50 EUR. We reserve the right to claim further damages. You have the option of proving that we have incurred no or less damage.

3.3 Right of retention

You are only authorised to assert a right of retention for counterclaims that are due and are based on the same legal relationship as how your obligation.

4. Responsibility of the user

4.1 General

You are solely responsible for the content and accuracy of the data, contributions and information you submit.

4.2 Indemnification

You shall indemnify us against all claims asserted against us by third parties due to such violations. This also includes the reimbursement of the costs of necessary legal representation.

4.3 Abusive contributions

We will deactivate or delete abusive content or contributions without prior notice. Such content is given in the following cases, for example:

  • False and/or incorrect information,
  • Posts are misused as advertising space,
  • Searchers are made aware of an offer through unspecific or even false information (including incomplete offers, false information),
  • Forwarding interested parties to paid Internet or telephone services (in particular 0900 numbers),
  • Sending spam,
  • sending and storing content that is offensive, obscene, threatening, insulting or otherwise violates the rights of third parties, and
  • content that violates the rights of third parties,
  • Sending and storing viruses, worms, Trojans and harmful computer codes, files, scripts, agents or programmes,
  • uploading programmes that are capable of disrupting, impairing or preventing operation,
  • Attempting to gain unauthorised access to our service or to individual modules, systems or applications or to grant such access to third parties,
  • content glorifying violence, pornographic or otherwise offensive or criminal content.

In the event of repeated offences, we reserve the right to block or delete your account. Payments already made cannot be refunded in this case. The right to extraordinary cancellation remains unaffected by this.

4.4 Confidentiality

Your rights under this contract are not transferable. The password that gives you access to your personal area and thus also enables you to enter data must be kept strictly confidential and may not be passed on to third parties under any circumstances. You shall take suitable and appropriate measures to prevent third parties from gaining knowledge of your password. We are not liable for any damage caused by misuse of the password.

4.5 Profile data

You are obliged to keep the content and profile details you have posted up to date at all times and to inform us immediately over any misuse of your profile.

4.6 Mandatory information for adverts

As a provider, you are responsible for ensuring that you realise and properly provide the necessary mandatory information (in particular imprint obligation, cancellation policy with sample cancellation form and information on any applicable VAT). We do not become a contractual partner ourselves in contracts concluded over our platform, but only provide the platform for advertising and making contact.

4.7 Reservation, booking and cancellation

Please note that we are merely a platform to support administrative processes and do not ourselves become part of the agreements concluded between the provider and the end customer. Bookings, reservations and cancellations can only be made between the provider and the end customer and are governed by the contractual provisions agreed between the parties in this context.

4.8 Legal prohibitions and official instructions

It is also prohibited to advertise and/or provide activities or services that, individually or in combination with other activities, violate legal prohibitions or official instructions, in particular the legal provisions on the prevention of illegal employment.

4.9 Offers in response to own tenders

It is prohibited to make offers in response to your own calls for tenders, either yourself or through third parties

4.10 Special note regarding the product information provided

We compile the product information provided with the greatest possible care. However, we would like to point out that it is your responsibility to verify the information provided by us on the manufacturer's material page. Only the information provided directly by the manufacturer can form the basis of a decision to be made by you.

We are not liable for incorrect information provided by the manufacturer of the materials.

In addition, you must inform yourself in advance as to whether the materials we present are suitable for your project or whether they entail further risks. We merely make our platform available to you under the aforementioned conditions. You alone are responsible for handling and implementation.

5. Use of content

By posting content on our platform, you give us the right to use this content for an unlimited period of time for posting and making it available on the platform and for retrieval and storage by third parties, in particular to store, reproduce, make available, transmit, link and publish the content. This may also be done by or in the form of advertising material (in particular links on social networks, use for adverts, use for the author's own website or in printed form etc.) by us or by third parties. In this case, the author explicitly waives the right to be named. Furthermore, we retain the right to edit the content, especially if it does not meet the above requirements of these terms and conditions.

6. reviews

6.1 General

We give you as the end customer the opportunity to review the offers and services of our providers. In doing so, you are obliged to provide information to the best of your knowledge and belief. Reviews submitted may be editorially checked by us for validity. We are authorised, but not obliged, to publish reviews on our website or in any other form and to make them visible to all users.

By posting the review on our platform, you grant us the right to use this review for an unlimited period of time for posting and making it available on the platform and for retrieval and storage by third parties, in particular to store, reproduce, make available, transmit, link and publish the content. This may also be done by or in the form of advertising material (in particular, but not exclusively, linking on social networks, use for adverts, use for the author's own website or in printed form, etc.) by us or by third parties. In this case, the author explicitly waives the right to be named. Furthermore, we are granted the right to rework the content, especially if it does not fulfil the above-mentioned requirements of these terms and conditions.

6.2 Abusive or unlawful reviews

Abusive or illegal reviews will be deactivated or deleted by us without advance notice. This is particularly the case if false, offensive or other legal violations are made or the reviews are misused as advertising space.

7 Term, blocking and cancellation

7.1 Termination of a customer account

The user relationship is completed for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving us notice of cancellation in text form. In particular, we reserve the right to delete incompletely registered user accounts that have been inactive for a period of at least six months. We will only terminate an account over which offers are currently being published for good cause. The profiles and content assigned to the account will also be deleted when the free user contract is cancelled.

7.2 Paid contracts of use

The fee-based usage contracts of providers can be cancelled in text form with a notice period of one month to the end of the respective term without giving reasons. If the contract is not cancelled in a timely period, it is automatically extended by the respective initial term.

This does not affect the right to extraordinary cancellation for good cause. After successful cancellation, your account will be converted into a free account, which you can also cancel under the conditions set out in 7.1.

7.3 Cancellation without notice

The right to terminate without notice for good cause remains unaffected. Good cause exists in particular if

  • You have provided incorrect or incomplete information when concluding the contract,
  • you repeatedly violate other contractual obligations and do not cease the violation of obligations even after being requested to do so by us.

8. Usability of the services

8.1 Further development of the service / availability

We endeavour to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, provided that such changes do not impair the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also authorised to interrupt website operation partially or completely within reasonable limits for the purposes of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at all times and do not get any assurance that the services offered or parts thereof can be made available and used from any location. This does not affect the statutory warranty rights.

Please also note that you are not entitled to any further development of our platform, unless these are necessary updates that are required for proper functionality.

8.2 Technical requirements

The use of our platform requires compatible devices and operating systems as well as sufficient Internet access. It is your responsibility to ensure that your device is in a condition that allows you to use our platform. Please find out in advance which hardware and software components are supported.

8.3 Improvement of the user experience

SooMore reserves the right to create so-called dummy profiles for testing and optimisation purposes. These simulated user profiles are used to check the functionality of our platform, improve the user experience and ensure that our services function smoothly and efficiently. This measure serves to ensure the quality of our service and represents an important step towards improving the user experience.

9. Copyright and rights of use

9.1 Rights of use and scope of use

We have the copyright or exclusive right of use or ownership to "SooMore". You only get the rights to use "SooMore" for the agreed purpose, but do not acquire any ownership rights or copyrights to it. Any updates and/or upgrades are also subject to copyright protection.

Without our express consent, you are not authorised to transfer the rights of use granted by us to third parties for a fee or free of charge or to pass them on to third parties in any other way. You are also prohibited from modifying or editing "SooMore".

9.2 Copyright protection

The "SooMore" platform provided is protected by copyright. We alone are the owner of all rights arising from copyright. The copyright includes in particular the complete source code, the structure as well as the appearance and design of the applications.

Any reproduction, distribution, change, etc. is not permitted without express authorisation. In particular, the creation of screenshots, copies and the downloading of graphics is prohibited.

9.3 Compensation for damages

We reserve the right to claim damages for any breach of the contractual licence conditions, in particular in the event of a breach of copyright.

9.4 Restriction of the right of use

You are prohibited from using "SooMore" for purposes other than those agreed or from making it accessible to third parties over and above the agreed scope.

9.5 Third party claims

If third parties assert claims regarding the infringement of their intellectual property due to the application developed by us or their possession and/or use, we are responsible for the investigation, defence, settlement and exculpation with regard to the asserted claims.

10. Liability

10.1 Disclaimer of liability

We and our legal representatives and vicarious agents shall only be liable for intent and gross negligence and, insofar as material contractual obligations (i.e. those obligations whose fulfilment is of particular importance for achieving the purpose of the contract) are affected, also for slight negligence. Liability for gross and slight negligence shall be limited to the foreseeable damage typical for the contract.

10.2 Reservation of liability

The above disclaimer of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this disclaimer of liability.

10.3 Data backup

We carry out effective data backups as part of the service provision, but do not assume any general data backup guarantee for the data transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will provide the data backup with the necessary expertise. However, we do not get any assurance that the stored content or data you access will not be accidentally damaged or falsified, lost or partially removed.

10.4 Liability for content

You are responsible for the content of your contributions or your profile. Your content may not violate applicable laws or these Terms of Use. You also undertake not to transmit any data whose content violates the rights of third parties (e.g. personal rights, naming rights, trademark rights, copyrights, etc.). In particular, contributions or profiles with criminal content may not be published or untrue facts asserted. As the operator of the website, we are not liable for incorrect information provided by users in their posts or profiles. We do not check the content posted on our website (in particular with regard to the infringement of third-party rights). However, should we become aware of incorrect, inaccurate, misleading or illegal information, we will check this immediately and remove it if necessary. We also accept no liability for the accuracy, topicality, completeness, quality or legality of content that does not originate from us. We only provide you with our platform.

11. Final provisions

11.1 Place of jurisdiction

Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

11.2 Choice of law

Insofar as there are no mandatory statutory provisions to the contrary under your home law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.3 Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining Terms of Use.