General Terms and Conditions

Version dated 11/15/2022

These Terms and Conditions apply to providers with an admin account.

The services of anny GmbH are aimed at resource providers. anny provides a platform for providers to manage their resources efficiently, handle bookings, and accept end-customers through a streamlined, user-friendly interface.

These terms and conditions constitute a binding agreement between anny and the provider. By using the platform provided by anny, the provider agrees to these terms.

Any conflicting terms of business of the provider deviating from these Terms and Conditions (hereinafter referred to as "T&Cs") shall not apply unless explicitly confirmed in writing by anny.

These T&Cs are explicitly aimed at entrepreneurs within the meaning of Sec. 14 BGB, associations, public institutions, and special funds under public law.

§ 1 Services, Resource Management

1. anny offers providers a quick and easy way to market and provide their resources. These resources may include, but are not limited to, items, areas, spaces, managing tickets and registrations, or offering services. These resources may be offered free of charge or as paid services.

2. anny is not the creator, organizer, or owner of the resources listed by the providers. anny simply provides the platform for booking these resources, enabling the provider to manage, promote, and book out their resources. anny facilitates the connection between providers and end-customers.

3. The provider bears sole responsibility for ensuring that all resource offers comply with the applicable regulations, ordinances, and laws and are correctly set up and presented within the system.

4. anny must not be used to distribute offensive, harmful, violent, or illegal resources. A detailed description of prohibited resources can be found in our Prohibited Resources Policy.
   
   

§ 2 Conclusion of Contract, Registration, User Account

1. Registration is required in order to offer resources on anny. During the registration process, these T&Cs must be explicitly accepted by clicking the corresponding button.

2. Providers may be companies/entrepreneurs within the meaning of Sec. 14 BGB, associations, institutions under public law, or special funds under public law.

3. The data provided during registration must be truthful, accurate, up-to-date, and complete to use the anny service. Additionally, the provider is obliged to keep registration data up to date.

4. Upon successful registration, the provider can select a paid subscription plan. The conditions for each subscription plan are available on anny.co. The provider is solely responsible for choosing the plan that best fits their needs.

5. By submitting details via the input field on the anny website and opting for a subscription plan, the provider makes an offer to close a contract for platform usage. anny is free to accept or reject this offer. There is no entitlement to the conclusion of a contract. In case of rejection, anny is entitled to delete the provider's registration data.

6. The contract between anny and the provider is successfully concluded upon (i) acceptance of the provider's offer via email, (ii) activation of the user account, or (iii) the provider starting to use the platform. The provider is entitled to use the platform within the scope of their selected subscription plan.

7. Upon contract conclusion, a user account is created, which can be accessed using the email address and password provided during registration.
   
   

§ 3 Access to anny

1. The provider must comply with modern technical security standards. This includes using strong, secure passwords. Besides keeping passwords confidential, the unauthorized use of anny by third parties must be prevented.

2. If the provider discovers or suspects any abuse of login credentials or passwords, they must notify anny immediately. In such cases, anny is authorized to block access to the account until the situation is resolved and the security threat is eliminated. The provider is liable for any unauthorized access to anny within their scope of responsibility.

3. The provider is responsible for meeting and maintaining the technical requirements to access anny. This particularly applies to hardware and operating software, internet connection, and modern web browsers. For safety and security reasons, Internet Explorer is not supported. Additionally, the provider is obliged to take standard measures to secure their system, especially standard browser security settings.
   
   

§ 4 Services of anny

1. anny enables the provider to book and market resources using the anny platform. Unless otherwise agreed upon in writing with anny, the provider is not permitted to list or manage resources of third-party organizations as a service provider within anny.

2. anny grants the provider a basic, non-transferable right of use for the platform provided by anny for the duration of this contract.

3. anny reserves the right to modify the anny platform to keep it state-of-the-art, optimize its usability, enhance features, or update content. anny will notify the provider of any substantial changes.

4. anny guarantees an annual availability of 99.9%. Access to the services offered by anny may occasionally be interrupted or limited to allow for maintenance work, updates, or the introduction of new features or services. The frequency and duration of any temporary disruptions will be kept to a absolute minimum. This exclusion of liability does not apply if anny caused the interruption intentionally or through gross negligence.
   
   

§ 5 Payment Processing and Invoicing for the Provider

1. anny allows providers to handle paid bookings directly through the anny platform.

2. To do so, anny offers standard online payment methods (including credit card options). A complete list of payment options is available on our website. anny reserves the right to adjust and updated the payment methods offered.

3. anny cooperates with Stripe for online payment processing. By selecting online payment options, the provider accepts the Stripe Connect Agreements and anny's Payment Processing Addendum*.

4. Should the provider choose automated invoicing, anny takes care of invoicing and the dunning process on behalf of the provider. Consequently, the provider authorizes anny to issue invoices in the provider's name, allocate invoice numbers in the provider's name, and include the respective VAT on the invoices. If invoicing is not combined with online payments, the provider is responsible for collecting the payment independently.
   
   

§ 6 Duties and Obligations of the Provider

1. The provider is solely responsible for entered resource data on the anny platform. The provider must describe their offer truthfully using text and photos where helpful, detailing all relevant features. anny supports the provider through email support (available during standard business hours).

2. The provider is responsible for any content added to the platform, including resource availability, image files, and used ad texts.

3. The provider grants anny a temporary right to edit logos and images provided by the provider to adapt them to respective formats. anny has the right to remove provider materials if third parties rightfully claim a violation of intellectual property rights, or for other critical reasons.

4. The provider grants anny a permanent, royalty-free right to use logos and images to promote the anny platform across all marketing channels, such as booklets, flyers, ads, online platforms (e.g., anny.co). Any changes to the provider's logo require prior consultation with the provider.

5. The provider shall provide anny with the necessary legal details (imprint info in accordance with German § 5 TMG) when requested, and guarantees that this information is complete and accurate.

6. Providers utilizing anny for commercial or business activities are subject to special regulatory frameworks. Among other things, they are obliged to comply with legal information duties, such as providing a complete and legally valid provider identification/imprint.

7. Providers are strictly prohibited from publishing ads, texts, images, or any other content that violates legal regulations, these T&Cs, third-party rights, or public decency. It is particularly forbidden to publish content that:

• violates copyright, trademark, and competition laws or legally defined youth protection regulations,

• features items or services listed in our Prohibited Resources Policy, or

• contains false statements or is otherwise misleading.

8. The provider guarantees that they hold all rights to any content, logos, images, etc., uploaded to anny.

9. The provider grants anny the right to place, promote, and highlight managed resources on the platform at its sole discretion. Key search and ranking parameters on the platform are, in descending order:

• Relevance to the search query entered by the customer

• Match with filters selected by the customer

• Proximity to the location specified by the customer

• Availability within the time frame selected by the customer

• Popularity of the resource (number of bookings made in the last 30 days). Sorting by popularity only occurs if the customer hasn't applied specific filters.

10. Placement on the platform as per paragraph 9 only happens if the provider activates the option "list in anny search". Furthermore, the provider can prevent placement on the platform by disabling the resource, or limit access to specific member communities.
    
    

§ 7 Booking Confirmations

1. Resources booked via anny will be confirmed to the customer via email, either automatically or manually by the provider.

2. The provider authorizes anny to issue booking confirmations in the provider's name.

3. The provider is free to run access or entry checks to validate bookings as they see fit. anny has no obligations regarding entry validation. The cost of running check-in measures is borne solely by the provider.
   
   

§ 8 Fees, Adjustments, and Terms of Payment

1. The monthly fees for using anny consist of a monthly base rate and a resource fee for each managed resource. The actual costs depend on the service scope of the chosen subscription plan.

2. Unless explicitly marked as gross prices, all pricing is subject to legally applicable value-added tax (VAT).

3. Custom solutions and adjustments adapted to individual needs will be agreed upon separately and invoiced accordingly.

4. The monthly base rate is due in advance by the third working day of each billing period. Resource fees will be invoiced either at the beginning or at the end of the respective billing period, depending on the active subscription.

5. If the provider adds a new resource during an ongoing subscription period, the respective fee will be charged pro rata for the remaining runtime. If a newly created resource is deleted within 45 minutes of creation, no resource fee will be charged.

6. Invoices are sent as PDF files to the email address provided in the organization settings, and are also available in the user account under https://app.anny.co/organization/settings/billings. The provider is responsible for keeping their billing email updated and ensuring they can receive digital invoices.

7. Invoices are deemed received once delivered to the email inbox and/or made available in the admin panel, and are due immediately without deduction. Available payment methods depend on the chosen subscription plan.
   
   

§ 9 Changes to Pricing and Fees

1. Should a subscription plan be expanded with new features and add-ons after contract conclusion, anny is authorized to adjust the fee structure matching the scope. The provider will be notified six weeks prior to the price adjustment. Minor updates and features are excluded. The notification will inform the provider in writing or text formats about the updates, the price adjustments, and their right to cancel the subscription as per § 14, paragraph 5, including deadlines and the consequences of not canceling.

2. In addition to paragraph 1, anny is authorized to adjust the price of a subscription plan with a six-week notice period if the overall costs for running and developing the platform, maintenance, and technical/personnel infrastructure have risen. The notification will inform the provider in writing or text formats about the changes, the updated pricing, and the right to cancel as per § 14, paragraph 5.
   
   

§ 10 Deleting Resources and Suspending Accounts

1. anny is authorized to delete or delay the publication of resources or provider content if there are concrete indications that the resource violates these terms or statutory provisions. A justification for the deletion or suspension will be emailed to the provider. This does not apply if anny is legally prohibited from revealing the reasons, or if the provider has repeatedly violated our T&Cs.

2. In the event of a proven violation of these T&Cs or legal requirements, anny is authorized to disable the user account permanently. The provider will be notified and given the reasons for the suspension.

3. If the provider defaults on payment for two monthly base rates or has a negative system balance exceeding two monthly rates, anny is authorized to suspend the user account until all outstanding balances are settled. If no monthly fee applies, this right holds if the provider is in default with a total amount of €250.00.

4. anny reserves the right to temporarily limit platform usage or server access when necessary for capacity reasons, server security, integrity, or general technical maintenance. The provider will be kept posted.

5. In cases falling under § 6, paragraph 1, the provider has the opportunity to clarify the situation with anny.
   
   

§ 11 Data Protection

1. anny values the security and privacy of provider and customer data. We detail all info on how data is handled on our platform in our Privacy Policy.

2. anny processes customer data as a data processor solely to provide the services requested, following the provider's instructions. anny implements state-of-the-art technical and organizational measures to protect customer data. The provider remains the controller under data protection law and is responsible for complying with the GDPR. More detailed terms are specified in the Data Processing Agreement (DPA) between anny and the provider.

3. The provider has access to all booking and customer data related to their managed resources under app.anny.co. The provider can export this data as a CSV file and is responsible for compliant handling of this data.

4. The provider can access and manage their user account settings directly under account.anny.co.
   
   

§ 12 Limitation of Liability

1. Resources published and displayed on anny do not reflect the opinions of anny and are not pre-screened for legality, completeness, or accuracy.

2. There is no contractual relationship between anny and the end-customer regarding the fulfillment of bookings. The provider indemnifies anny from any claims raised by bookers or third parties due to cancelations, adjustments, or other issues in connection with a provider's bookings.

3. anny is not liable for disruptions or damages caused by events outside of its control, and which could not be prevented with reasonable business diligence. This particularly applies to disruptions in network connections, servers, or other technical infrastructures outside of anny's direct control.

4. anny shall not be held liable for losses or damages incurred by the provider due to required updates and changes to the service in accordance with § 4 of these T&Cs.

5. Any further liability of anny for losses or damages of the provider or customer is excluded, unless they result from injury to life, body, or health, or stem from intentional or grossly negligent behavior of anny or its legal representatives.

6. Strict liability (verschuldensunabhängige Haftung) for defects present at the time of contract conclusion in accordance with § 536a paragraph 1 BGB is excluded. The provider must report any platform errors or issues to anny immediately.

7. Where the liability of anny is excluded or limited, this also applies to the personal liability of employees, legal representatives, and assistants.
   
   

§ 13 Indemnification

1. The provider indemnifies and holds anny harmless from any claims made by other providers, end-customers, or third parties due to copyright, trademark, or legal violations within the resources published by the provider. The provider covers all cost of legal defense, including legal fees and court costs in full. This does not apply if the provider is not responsible for the violation.

2. Upon request, the provider shall immediately provide anny with all necessary info and documents to defend against third-party claims.

3. Any further liability of the provider remains unaffected.
   
   

§ 14 Termination / Term of Service

1. The contract closed with anny is of indefinite duration.

2. Unless agreed upon otherwise, the contract can be terminated by either party with a 30-day notice period in text form. The cancellation becomes effective upon receipt by the other party.

3. anny is entitled to terminate the contract immediately without notice for good cause. Good cause include when the provider violates § 1 paragraph 4, or is in default of payment of two monthly base rates (or a balance exceeding two rates) and fails to balance the account even after payment notices. If no monthly base fee applies, this right holds if the provider is in default with a total amount of €250.00. In such cases, anny is entitled to immediately deactivate the account and disable resources.

4. The provider has the right to terminate the contract immediately if anny violates material contractual terms and fails to resolve the issue within a reasonable timeframe after receiving a written warning.

5. In the event of price/fee adjustments under § 9, paragraph 1 or 2, the provider is entitled to terminate the contract within four weeks of receiving the price adjustment notice, effective on the date of the change. If the provider does not cancel within this timeframe, the contract will continue under the adjusted terms. Other termination rights remain unaffected.

6. Upon contract termination, all resources listed by the provider will be removed from the platform and the user account will be deactivated. At this point, access to the account is no longer possible for both the provider and end-customers.

7. anny reserves the right to permanently disable and delete user accounts that have been inactive for more than 12 months.
   
   

§ 15 Updates to these Terms and Conditions

1. anny reserves the right to modify these Terms and Conditions at any time for valid reasons, such as updating to match new legal frameworks, case law, technological advancements, platform usability improvements, or changed market conditions, provided the provider is not unfairly disadvantaged.

2. Any changes to the T&Cs will be shared in writing or via email at least 15 days before they become effective. The changes become active unless the provider objects within 15 days of receiving the notification, provided anny has pointed out this legal consequence in the notification.

3. The provider will be granted longer implementation periods if the modifications require technical or business-related adjustments to their setups.

4. The provider has the right to terminate the contract with anny before the end of the 15-day notice period.

5. The 15-day notice period does not apply if anny:

a. must implement changes to the T&Cs due to legally binding orders or statutory obligations that don't allow for a 15-day notice period;

b. must modify the terms to protect the platform, providers, or users from fraud, malware, spam, security breaches, or cybersecurity risks.

6. The provider can waive the 15-day notice period at any time, either in writing or by a clear action (such as adding new resources).

Adding new resources to anny before the end of the period counts as a waiver of the notice period, unless the changes to the terms require substantial technical adjustments by the provider, in which case adding resources doesn't count as an automatic waiver.

§ 16 Complaint Management

1. anny offers providers free customer support for technical issues, questions, or complaints. Inquiries or complaints can be submitted via the chat widget or via email to support@anny.co.

2. anny tracks and gathers stats on received complaints. These stats are publicly available at https://docs.anny.co/de/articles/8010-p2b.
   
   

§ 17 Final Provisions

1. These T&Cs, the contract, and all other agreements between anny and the provider or customer are subject solely to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If translations of this document have been made, only the German original remains legally binding for all parties.

2. No verbal side agreements exist at the time of contract conclusion. Any modifications or add-ons to this contract must be made in writing to be legally valid. The written form requirement is met by email.

3. The place of performance is Aachen, Germany. The court of jurisdiction for any disputes arising from or in connection with the contract is Aachen.

4. Should individual provisions of these T&Cs be or become invalid or void, the validity of the remaining provisions remains unaffected. Standard legal regulations apply in place of the invalid provisions. If a specific law does not apply, both parties will negotiate a valid clause that comes closest to the economic purpose of the invalid provision. *

*To enhance readability and clarity, masculine pronouns are occasionally used as a gender-neutral term to refer to all genders equally.