General Terms and Conditions
Version dated 11/15/2022
These Terms and Conditions apply to providers with an admin account.
The offering of anny GmbH is aimed at providers of resources. anny provides a platform for providers to enable them, through a simplified user experience, to manage their resources optimally via one platform, and to handle and accept bookings from end customers.
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.
The provider's terms and conditions that deviate from these General Terms and Conditions (hereinafter: the "GTC") shall not apply unless they have been expressly confirmed in writing by anny.
These GTC are expressly intended for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), associations, public-law institutions, and special public-law assets.
§ 1 Offer, Resource Management
anny offers providers a simple and fast way to market and provide their resources. These resources may in particular include items, areas, rooms, the management of tickets and registrations, or the offering of services. These resources may be offered free of charge or for a fee.
anny is neither the creator, organizer, nor owner of the resources listed by providers. anny merely provides the platform for brokering these resources and enables the provider to manage, promote, and broker its resources in this way. anny supports connecting providers and end customers.
The provider bears sole responsibility for ensuring that all resource offerings comply with the applicable regulations, ordinances, and laws and are properly provided within the scope of the presentation offered.
anny may not be used to broker offensive, harmful, violent, or illegal resources. A more detailed description of prohibited resources is included in our guidelines on offering prohibited resources.
§ 2 Conclusion of Contract, Registration, User Account
Registration is required in order to offer resources on anny. As part of the registration process, these GTC must be separately accepted by clicking the button provided.
Providers may be entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), associations, public-law institutions, or special public-law assets.
The data entered during registration must be truthful, accurate, current, and complete in order to use the service of anny. The provider is also obliged to keep its registration data up to date.
After successful registration, the provider may select a paid subscription plan. The provider can view the respective terms of the various subscription plans on anny.co. The provider alone is responsible for selecting a suitable subscription plan.
By registering via the input field on anny's website and by selecting a subscription plan, the provider submits an offer to conclude a contract for the use of the platform. anny is free to accept or reject this offer. There is no entitlement to the conclusion of a contract. In the event of rejection of the offer, anny is entitled to delete the provider's registration data.
The contract between anny and the provider is concluded upon (i) acceptance of the provider's offer by email, (ii) activation of the user account, or (iii) use of the platform by the provider. The provider is entitled to use the platform within the scope of the subscription plan booked by it.
Upon conclusion of the contract, a user account is created, which can be accessed using the email address provided during registration and the password chosen during registration.
§ 3 Access to anny
The provider must comply with the security requirements corresponding to the current state of the art. This includes, in particular, the use of secure passwords. In addition to keeping passwords confidential, unauthorized use of anny by third parties must be prevented.
If misuse of access data or passwords is known or suspected, anny must be informed immediately. In such a case, anny is entitled to block access to anny until the circumstances have been clarified and the misuse has been stopped. The provider shall be liable for any misuse of access to anny attributable to it.
The provider must create and maintain the technical requirements for access to anny. This applies in particular with regard to the hardware and operating system software used, the internet connection, and the current browser software. For security reasons, Internet Explorer is not supported. The provider is also obliged to take the precautions necessary to secure its systems, in particular to use the common browser security settings.
§ 4 Services provided by anny
anny enables the provider to broker resources by using the anny platform. The provider is not permitted, without concluding a corresponding additional agreement with anny, to enter and process the resources of other contractual partners in anny as a service provider.
For the term of this contract, anny grants the provider a simple and non-transferable right to use the platform provided by anny.
anny reserves the right to make changes to adapt the anny platform to the state of the art, changes for optimization purposes, in particular to improve user-friendliness and expand functionality, as well as changes to content. anny will inform the provider of material changes.
anny ensures annual availability of 99.9%. It is possible that access by providers to the service offered by anny may occasionally be interrupted or restricted in order to enable repair work, maintenance, or the introduction of new facilities or services. The frequency and duration of each of these temporary interruptions and restrictions will be kept to a minimum. This disclaimer of liability does not apply if anny caused the interruption intentionally or through gross negligence.
§ 5 Payment Processing and Invoicing for the Provider
anny enables providers to have the processing of fee-based bookings handled directly via anny.
anny provides common online payment options (including "credit card"). A list of all offered payment options can be found on the online platform. anny reserves the right to adapt the payment options offered.
anny works with the payment service provider Stripe to process online payments. If the provider chooses the option of online payment processing, the provider accepts the Stripe Connect Agreements and the additional agreement for online payment processing of anny*.
If the provider chooses the option of automated invoicing, anny will create the invoices and manage the dunning process on behalf of the provider. In particular, the provider authorizes anny to issue the invoice in the provider's name, assign an invoice number in the provider's name, and show value-added tax on invoices on behalf of the provider. Without combining invoicing with online payment processing, payment collection must be arranged by the provider itself.
§ 6 Duties of Cooperation
The necessary data for brokering the resources on anny's platform is entered by the provider itself at its own responsibility. The provider must describe its offer truthfully, stating all relevant features and characteristics in words and, where applicable, with images. anny supports the provider in this regard with appropriate application support (available by email during anny's regular business hours).
The contractual partner is responsible for all entries made by it on the platform, in particular also for the availability of the resources, uploaded images, and advertising copy used.
The provider grants anny the time-limited right to edit logos and images uploaded by the provider in order to adapt them to the respective form of use. anny is entitled to remove materials of the provider if third parties plausibly assert that their rights are infringed by such use or if there are other important reasons.
The provider grants anny the unlimited right in time to use logos and images free of charge for promoting the anny platform across all communication channels, e.g. in booklets, on posters, advertisements and other advertising media, as well as on the internet (e.g. anny.co). Changes to the logo may only be made by anny after consultation with the provider.
If necessary, the provider shall provide anny with the data required for a legal notice within the meaning of Section 5 of the German Telemedia Act and guarantees that this information is correct and complete.
Providers who use anny as commercial providers or otherwise in a business context are subject to special legal regulations. Among other things, they are obliged to fulfill the statutory information obligations and, in particular, to provide a complete provider identification that meets the legal requirements.
Providers are prohibited from posting ads, texts, images, or other content that violate legal provisions, these Terms and Conditions, the rights of third parties, or good morals. In particular, it is prohibited to publish content,
that violate copyright, trademark, or competition law provisions or legal provisions on the protection of minors.
that are contained in our guidelines on offering prohibited resources, or
that contain false information or are otherwise misleading.
The provider guarantees that it owns all rights to the content, logos, images, and other materials made available to anny.
The provider grants anny the right to place, promote, or highlight the managed resources on the platform at its own discretion. The main parameters for ranking on the platform are, in descending order:
match with the search term used by the end customer
match with the attribute filters selected by the end customer
distance to the location specified by the end customer
availability in the period selected by the end customer
popularity of the resources (number of bookings within the last 30 days). A ranking by popularity of the resources only takes place if the end customer has not set a specific filter.
Placement pursuant to paragraph 9 only takes place if the provider has activated the setting "list in anny search" for the managed resource. In addition, the provider has the option to prevent placement by deactivating the managed resource, or to make the managed resource accessible only to communities selected by the provider.
§ 7 Booking Confirmation
Resources booked via anny are confirmed to the end customer by email, directly, or by booking confirmation from the provider.
The provider authorizes anny to issue booking confirmations in the name of the provider.
The provider is free to decide in what form it carries out admission or access controls for its resources with regard to validating the lawfulness of use. anny assumes no obligations in this respect. The provider bears the costs of implementing suitable access control measures.
§ 8 Compensation, Adjustment of Compensation, Payment Terms
The monthly fees for using anny consist of a monthly base fee and a usage fee for each resource managed via anny. The amount of the base fee and the usage fee depends on the scope of the booked service (subscription plan).
All prices are, unless expressly stated as gross prices, subject to the applicable statutory value-added tax at the relevant time.
Individual customizations of anny to the provider's needs are recorded in a separate agreement between anny and the provider and billed separately on an individual-contract basis.
The monthly base fee must be paid in advance by the provider no later than the third business day of the billing period. Depending on the booked service, the usage fee is also invoiced either at the beginning or at the end of the respective billing period.
If the provider creates a new resource as part of an ongoing subscription plan, the usage fee attributable to this resource will be invoiced pro rata during the current billing period. If the provider deletes a newly created resource again within 45 minutes, no usage fee will be charged for it.
Invoices are sent in PDF format to the email address provided by the provider for this purpose and are additionally made available in its user account under https://app.anny.co/organization/settings/billings. The provider undertakes to always keep the stored email address up to date and to create the technical requirements for retrieving the invoices.
Invoices are deemed received upon arrival in the provider's email inbox and/or upon availability in the provider's user account and are due for payment immediately upon receipt without deduction. The available payment methods depend on the booked scope of functions.
§ 9 Change in Compensation
If the subscription plan booked by the provider is expanded with additional content after conclusion of the contract, anny is entitled to increase the compensation appropriately in line with the type and scope of the expansion by giving six weeks' notice effective as of the date of entry into force. Insignificant additions are not taken into account. In the notice, anny informs the provider in writing or in text form about the expansion, the increase in compensation and the date on which it takes effect, as well as the provider's special right of termination pursuant to § 14 paragraph 5, the notice period, and the consequences of termination not declared in due time.
Notwithstanding paragraph 1, anny is entitled to increase the compensation for a subscription plan appropriately by giving six weeks' notice effective as of the date of entry into force, insofar as, after conclusion of the contract, either the costs necessary for providing the service, in particular the costs of maintaining, servicing, and further developing the technical and personnel infrastructure used to provide the service - taking into account any cost savings that may have occurred - have increased overall. In the notice, anny informs the provider in writing or in text form about the cost increase, the increase in compensation and the date on which it takes effect, as well as about the customer's special right of termination pursuant to § 14 paragraph 5, the notice period, and the consequences of termination not declared in due time.
§ 10 Deleting Resources, Blocking User Accounts
anny is entitled to delete published resources in whole or in part or to delay or refrain from publishing resources or other content of the provider if there are concrete indications that the offering of the resource violates these Terms and Conditions or statutory provisions. A statement of reasons for the decision leading to the aforementioned restrictions will be sent to the provider immediately by email. This does not apply if anny is not permitted to disclose the specific facts or circumstances and the relevant reason due to statutory or regulatory obligations, or if anny can prove that the affected provider has repeatedly violated the applicable General Terms and Conditions.
In the event of a proven violation of these Terms and Conditions or statutory provisions, anny is entitled to permanently block the user account. The provider will be informed of the blocking, stating the reasons relevant to the blocking.
If the provider is in default with payment of two monthly base fees or with the settlement of a negative balance in excess of two monthly base fees, anny is entitled to block the provider's user account until the outstanding claims have been paid in full. If no monthly base fee is owed, this right applies if the provider is in default with a claim totaling EUR 250.00.
anny is granted the right to restrict or terminate the provision of the platform in whole or in part, as well as to delay the publication of resources, if this is necessary with regard to capacity limitations, the security or integrity of the servers, or the implementation of technical measures. The provider will be informed of this.
In cases under § 6 paragraph 1, the provider has the option to explain the facts to anny.
§ 11 Data Protection
anny is aware of the importance of the provider's or end customer's personal information. The relevant privacy policy provides information about the collection and processing of personal data via anny's platform.
anny processes end-user data as a data processor and exclusively for the purpose of providing the contractual service on behalf of and in accordance with the instructions of the provider. anny takes appropriate technical and organizational measures to protect customer data. The provider remains the controller within the meaning of data protection law and is responsible for the lawfulness of the collection, processing, and use of end-user data in accordance with the statutory provisions, in particular the GDPR. Further details are regulated by the data processing agreement between anny and the provider.
The provider has access under app.anny.co to all booking and customer data relating to its managed resources. The provider has the option to export the booking and customer data as a CSV file. The provider is responsible for handling this data in compliance with data protection law.
The provider has access to its user data under account.anny.co and can manage it independently.
§ 12 Liability of anny
The resources published and displayed on anny do not reflect the opinion of anny and are not reviewed by anny for legality, accuracy, or completeness.
There are no contractual relationships between anny and the end customer with regard to the execution of the booking. The provider shall indemnify anny against all claims asserted against anny by bookers or other third parties due to cancellation, postponement, or other problems in connection with a booking of the provider.
anny is not liable for disruptions or damage of any kind caused by circumstances beyond its control and which it could not foresee or avoid even with the exercise of commercial due care. This applies in particular to damage caused by disruptions to lines, servers, and other facilities that are not within anny's area of responsibility.
anny also assumes no liability for damage incurred by the provider due to necessary measures to adapt anny in accordance with § 4 of these Terms and Conditions.
Liability of anny for damage suffered by the provider or end customer is excluded. This disclaimer of liability does not affect liability for damages resulting from injury to life, body, or health, as well as other damages based on intentional or grossly negligent breach of duty by anny or by a legal representative or vicarious agent of anny.
Strict liability of anny for defects existing at the time of conclusion of the contract pursuant to Section 536a para. 1 sentence 1 of the German Civil Code (BGB) is excluded. It is the provider's responsibility to report any defects, disruptions, or damage to anny immediately.
Insofar as liability of anny is excluded or limited, this also applies to the liability of anny's legal representatives, vicarious agents, and employees, as well as their personal liability.
§ 13 Liability of the Provider
The provider shall indemnify anny against all claims asserted against anny by other providers, end customers, or other third parties due to an infringement of their rights by resources published by the provider. In this context, the provider shall bear the costs of the necessary legal defense, including all court and attorney fees in the statutory amount, on behalf of anny. The right to indemnification does not apply if the provider is not responsible for the infringement.
In the event of a claim by third parties, the provider undertakes, at anny's request, to immediately, truthfully, and completely provide all information necessary for the defense, which is required for the review of the claims and for a defense.
Any further liability of the provider remains unaffected.
§ 14 Termination/Term
The contract concluded with anny runs for an indefinite period.
The contract concluded with anny may be terminated by either party, unless otherwise agreed, with 30 days' notice in text form. Receipt by the contractual partner is decisive for the timeliness of the termination.
anny is entitled to extraordinary termination without notice for good cause. This is in particular the case if the provider violates § 1 paragraph 4 or is in default with payment of the agreed fees pursuant to § 8 in an amount of more than two monthly base fees or with the settlement of a negative balance in an amount of more than two monthly base fees and does not settle the payment even after a corresponding request for payment. If no monthly base fee is owed, this right applies if the provider is in default with a claim totaling EUR 250.00. In the event of termination without notice, anny is entitled to deactivate the provider and block its resources for offering via anny immediately.
The provider is entitled to terminate the contractual relationship extraordinarily without notice if anny itself violates essential contractual provisions and the breach has not been remedied within a reasonable period after a corresponding warning.
In the event of an increase in compensation pursuant to § 9 paragraph 1 or 2, the provider is entitled to terminate the contract in writing or in text form within four weeks after receipt of the notice of the increase, effective as of the date the price increase takes effect. If the customer does not terminate, or does not terminate in due time, the contract continues under the increased compensation. Other termination rights of the provider remain unaffected.
Upon termination of the contract, all resources posted by the provider are removed from the platform and the user account is deactivated. From that point on, the provider and/or end customer can no longer access the user account.
anny reserves the right to permanently deactivate and delete user accounts that have been inactive for a period of more than 12 months.
§ 15 Changes to the GTC
anny reserves the right to amend these General Terms and Conditions at any time, insofar as this is necessary for valid reasons, in particular due to changes in the legal situation or highest court rulings, technical changes or further developments, new organizational requirements of mass traffic, gaps in the General Terms and Conditions, changes in market conditions, or other equivalent reasons, and does not place an unreasonable disadvantage on the provider.
Changes to the General Terms and Conditions will be communicated to the provider at least 15 days before they take effect, in writing or by email. The changes become effective if the provider does not object in writing or by email within a period of 15 days (beginning with receipt of the notice of change) and anny has informed the provider of this legal consequence in the notice of change.
Longer time limits are granted to the provider if necessary technical or business changes have to be made due to the changes made.
The provider has the right to terminate the contract with anny before the expiry of the period specified in paragraph 2.
The period under paragraph 2 does not apply if anny
a. is required, due to statutory or regulatory obligations, to make changes to the General Terms and Conditions in a manner that does not allow compliance with the period under paragraph 2;
b. in exceptional cases, must change its General Terms and Conditions to avert an unforeseen and imminent danger in order to protect the platform, the providers, or the users from fraud, malware, spam, data protection breaches, or other cybersecurity risks.
After receiving the notice under paragraph 2, the provider may at any time waive the 15-day period either by written declaration or by a clear affirmative act.
Posting new resources on anny's website before the expiry of the period is to be regarded as a clear affirmative act by which the period under paragraph 2 is waived, except in cases where a reasonable and proportionate period is longer than 15 days because the provider must make significant technical adjustments to its resources due to the changes to the General Terms and Conditions. In these cases, the provider's posting of new resources is not automatically deemed a waiver of the period.
§ 16 Internal Complaint Management
anny offers providers free customer support, which is available for both technical problems and other concerns or complaints from providers. Requests or complaints can be sent to anny via chat support or the email address support@anny.co.
anny compiles statistics on submitted complaints. These can be viewed at https://docs.anny.co/de/articles/8010-p2b.
§ 17 Final Provisions
These GTC, the concluded contract, and all other agreements between anny and the provider or end customer are governed exclusively by the law of the Federal Republic of Germany - excluding the conflict of laws rules of the Introductory Act to the Civil Code (EGBGB) and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). If copies of these GTC have been made in languages other than German, only the German version is binding for anny and the provider.
There are no oral side agreements or supplements at the time the contract is concluded. Side agreements, amendments, or supplements require written form to be effective. Waiver of the written form requirement also requires written form. Written form within the meaning of these GTC is also preserved by email.
The place of performance is Aachen. The place of jurisdiction for disputes arising out of or in connection with the contractual relationship between anny and the provider is Aachen.
Should individual provisions of these GTC be or become invalid or ineffective in whole or in part, the validity of the remaining provisions shall not be affected. The statutory provisions shall replace any provisions not included or ineffective in these GTC. If no statutory provision is available in the individual case, the parties shall enter into negotiations to replace the invalid or ineffective provision with a valid provision that comes as close as possible in economic terms to the invalid provision. *
*For reasons of readability and ease of understanding, the feminine form is not used. The exclusive use of the masculine form is explicitly intended to be understood as gender-neutral.
Version from 15.11.2022
These T&Cs are intended for providers with an admin account.
The offer of the anny GmbH is aimed at providers of resources. anny provides a platform for providers to enable them to optimally manage their resources via a platform through a simplified user interface, as well as to manage and accept bookings from end customers.
These Terms and Conditions constitute a binding agreement between anny and the Provider. By using the platform provided by anny, the provider agrees to be bound by these terms.
Any terms and conditions of the Provider deviating from these General Terms and Conditions (hereinafter: "GTC") shall not apply unless they have been expressly confirmed in writing by anny.
These GTC are expressly addressed to entrepreneurs in the sense of § 14 BGB (German Civil Code), associations, institutions under public law and special funds under public law.
§ 1 Offer, management of resources
anny offers providers a simple and fast way to market and make their resources available. These resources can be, in particular, objects, areas, rooms, the administration of tickets and registrations or the offer of services. These resources can be offered free of charge or for a fee.
anny is neither creator nor organizer or owner of the resources posted by the providers. anny merely provides the platform for the mediation of these resources and enables the provider to manage, advertise and mediate his resources in this way. anny supports the bringing together of providers and end customers.
The provider is solely responsible for ensuring that all offers of resources comply with applicable rules, regulations and laws and are properly provided within the scope of the representation offered.
anny may not be used for the placement of offensive, harmful, violent or illegal resources. For a more detailed description of prohibited resources, see our fact sheet on offering prohibited resources.
§ 2 Conclusion of contract, registration, user account
In order to offer resources on anny, registration is required. As part of the registration process, these T&Cs must be confirmed separately by clicking on the button provided.
Suppliers can be entrepreneurs in the sense of § 14 BGB, associations, institutions under public law as well as special funds under public law.
The data provided during registration must be true, accurate, current and complete in order to use the service of anny. In addition, the provider is obliged to keep his registration data up to date.
After proper registration, the Provider may select a paid subscription plan. The respective terms and conditions of the different subscription plans can be viewed by the provider at anny.co. The provider alone is responsible for selecting a suitable subscription plan.
By registering via the input field on the website of anny as well as selecting a subscription plan, the provider makes an offer to conclude a contract for the use of the platform. anny is free to accept or reject this offer. There is no claim to the conclusion of a contract. In case of rejection of the offer, anny is entitled to delete the registration data of the provider.
The contract between anny and the provider is concluded with (i) the acceptance of the offer of the provider by e-mail, (ii) the activation of the user account or (iii) the use of the platform by the provider. The Provider is entitled to use the platform within the scope of the subscription plan booked by him.
Upon conclusion of the contract, a user account is created, which can be accessed using the e-mail address and password selected during registration.
§ 3 Access to anny
The Provider shall comply with the security requirements corresponding to the technical state of the art. This includes in particular the use of secure passwords. In addition to keeping passwords secret, the unauthorized use of anny by third parties must be prevented.
In the event of knowledge or suspicion of misuse of access data or passwords, anny must be informed immediately. In this case, anny is entitled to block access to anny until the circumstances have been clarified and the misuse has been stopped. The provider is liable for any misuse of access to anny for which he is responsible.
The provider must create and maintain the technical requirements for access to anny. This applies in particular with regard to the hardware and operating system software used, the Internet connection and the current browser software. For security reasons, the Internet Explorer browser is not supported. Furthermore, the provider is obliged to take the necessary precautions to secure his systems, in particular to use the current security settings of the browser.
§ 4 Benefits from anny
anny enables the provider to broker resources by using the anny platform. The provider is not permitted to enter and process resources in anny for other contractual partners as a service provider without concluding a corresponding additional agreement with anny.
anny grants the Provider a simple and non-transferable right to use the platform provided by anny for the term of this Agreement.
anny reserves the right to make changes to adapt the anny platform to the state of the art, changes for optimization, in particular to improve user-friendliness and expand the range of functions, as well as changes to content. anny will inform the provider of any significant changes.
anny ensures an annual accessibility of 99.9%. There is a possibility that provider access to the service offered by anny may occasionally be interrupted or restricted to allow for repair work, maintenance or the introduction of new facilities or services. The frequency and duration of any such temporary interruptions and limitations will be kept to a minimum. This disclaimer does not apply if anny caused the interruption intentionally or through gross negligence.
§ 5 Payment processing and invoicing for the provider
anny enables providers to have the processing of bookings requiring payment carried out directly via anny.
anny provides common online payment options (including "credit card") for this purpose. A list of all payment options offered can be found on the online platform. anny reserves the right to adjust the payment options offered.
anny cooperates with the payment service provider Stripe for the processing of online payments. If the Provider chooses the option of online payment processing, the Provider accepts the Stripe Connect Agreements and the Supplemental Agreement for Online Payment Processing of anny*.
If the Provider chooses the option of automated invoicing, anny shall take over the invoicing and the dunning process on behalf of the Provider. In particular, the Provider allows anny to issue the invoice in the Provider's name, to assign an invoice number in the Provider's name and to show VAT in the invoices for the Provider. Without the combination of the invoicing with the online payment processing, the payment collection is to be arranged by the provider itself.
§ 6 Duties to cooperate
The collection of the necessary data for the mediation of the resources on the platform of anny is done by the provider himself on his own responsibility. The provider has to describe his offer truthfully by stating all relevant features and characteristics in words and, if applicable, pictures. anny supports the provider in this by providing appropriate application support (reachable by e-mail during the usual business hours of anny).
The contracting party shall bear responsibility for all entries made by it on the platform, in particular also for the availability of the resources, image material posted and advertising texts used.
The provider grants anny the right, limited in time, to edit logos and image material posted by the provider in order to adapt it to the respective form of use. anny is entitled to remove materials of the provider insofar as third parties verifiably claim an infringement of their rights through this use or other important reasons exist.
The provider grants anny the right to use logos and images free of charge for the promotion of the anny platform on all communication channels, e.g. in booklets, on posters, advertisements and other advertising media as well as on the internet (e.g. anny.co). Changes to the logo may only be made by anny after consultation with the provider.
If necessary, the provider provides anny with the data required for an imprint within the meaning of § 5 of the German Telemedia Act and guarantees that this information is correct and complete.
Providers who use anny as commercial providers or otherwise for business purposes are subject to special legal regulations. Among other things, they are obligated to fulfill the legal information requirements and, in particular, to provide a complete provider identification that meets the legal requirements.
Providers are prohibited from posting advertisements, texts, images or other content that violate legal provisions, these General Terms and Conditions or the rights of third parties as well as common decency. In particular, it is prohibited to publish content,
which violate copyright, trademark and competition law regulations or legal provisions for the protection of minors.
violating the rules contained in our fact sheet on offering prohibited resources, or
that contain untrue statements or are otherwise misleading.
The provider guarantees that he is the owner of all rights to the content, logos, images, etc. provided to anny.
The Provider grants anny the right to place, promote or highlight the Managed Resources on the Platform at its sole discretion. The main parameters for ranking on the Platform are in descending order:
Match with the search term used by the end customer
Compliance with the property filters selected by the end customer
Distance to the location specified by the end customer
Availability in the period selected by the end customer
Popularity of resources (number of bookings within the last 30 days) Ranking by popularity of resources takes place only if the end customer has not set a specific filter.
A placement according to paragraph 9 only takes place if the provider activates the setting "list in anny search" for the managed resource. In addition, the provider has the option to prevent a placement by disabling the managed resource or to make the managed resource accessible only to communities selected by the provider.
§ 7 Booking confirmation
Resources booked via anny are confirmed to the end customer by e-mail, directly or by booking confirmation by the provider.
The Provider authorizes anny to issue confirmations of the booking on behalf of the Provider.
The provider is free to decide in which form it carries out entry or access controls for its resources with regard to the validation of the legality of use. anny is not subject to any obligations in this respect. The costs of implementing suitable access control measures shall be borne by the provider.
§ 8 Remuneration, Adjustment of Remuneration, Terms of Payment
The monthly fees for the use of anny consist of a monthly basic rate and a usage fee for each resource managed via anny. The amount of the basic rate and the usage fee depends on the scope of the booked service (subscription plan).
Unless expressly stated as gross prices, all prices are subject to the statutory value-added tax applicable at the relevant time.
Individual adaptations of anny to the needs of the provider are recorded with a separate agreement between anny and the provider and invoiced individually.
The monthly prime rate is to be paid in advance by the provider no later than the third working day of the billing period. The usage fee is also invoiced at the beginning or end of the respective billing period, depending on the service booked.
If the provider creates a new resource as part of an ongoing subscription plan, the usage fee attributable to this resource will be invoiced proportionately in the current billing period. If the provider deletes a newly created resource within 45 minutes, no usage fee will be charged.
Invoices are sent in PDF format to the e-mail address provided by the Provider for this purpose and are also stored in the Provider's user account at https://app.anny.co/organization/settings/billings provided. The Provider undertakes to keep its stored e-mail address up to date at all times and to create the technical requirements for retrieving the invoices.
Invoices shall be deemed to have been received upon receipt in the provider's e-mail box and/or upon provision in the provider's user account and shall be due for payment immediately upon receipt without deduction. The available payment methods depend on the booked scope of functions.
§ 9 Change in remuneration
If the subscription plan booked by the Provider is extended to include additional content after the contract has been concluded, anny is entitled to increase the remuneration appropriately in accordance with the type and scope of the extension with six weeks' notice of the date on which the extension comes into effect. Insignificant extensions remain out of consideration. In the announcement anny informs the Provider in writing or in text form about the extension, the increase of the remuneration and the time of its coming into force, as well as about the special termination right of the Provider according to § 14 paragraph 5., the period of notice and the consequences of a termination not declared in due time.
Notwithstanding paragraph 1. anny is entitled to increase the remuneration for a subscription plan appropriately with a notice of six weeks to the date of entry into force, insofar as either the costs necessary for the provision of the service, in particular the costs of maintenance, servicing and further development of the technical and personnel infrastructure used for the provision of the service - also taking into account any cost savings that may have occurred - have increased overall after conclusion of the contract. In the announcement, anny shall inform the Provider in writing or in text form of the cost increase, the increase in remuneration and the date on which it comes into effect, as well as of the Customer's special right of termination pursuant to Section 14 (5), the notice period and the consequences of a termination not declared in due time.
§ 10 Deletion of resources, blocking of user accounts
anny is entitled to delete published resources in whole or in part or to delay or not publish resources or other content of the provider if there are concrete indications that the offer of the resource violates these general terms and conditions or legal provisions. A statement of the reasons for the decision leading to the aforementioned restrictions shall be sent to the Provider immediately by e-mail. This does not apply if anny is not allowed to disclose the concrete facts or circumstances and the reason in question due to legal or officially ordered obligations or if anny can prove that the provider concerned has repeatedly violated the applicable General Terms and Conditions.
In the event of a proven violation of these General Terms and Conditions or of legal provisions, anny is entitled to permanently block the user account. The provider will be notified of the blocking, stating the relevant reasons for the blocking.
If the provider is in default with the payment of two monthly basic rates or with the settlement of a negative balance in the amount of more than two monthly basic rates, anny is entitled to block the user account of the provider until the complete settlement of the outstanding claims. If no monthly basic fee is owed, this right exists if the provider is in default with a claim in the total amount of 250.00 €.
anny is granted the right to restrict or terminate the provision of the platform in whole or in part, as well as to delay the publication of resources, if this is necessary with regard to capacity restrictions, the security or integrity of the servers or to implement technical measures. The provider will be informed about this.
In cases of § 6 paragraph 1. the provider has the possibility to explain the facts to anny.
§ 11 Data protection
anny is aware of the importance of the personal information of the provider or the end customer. About the collection and processing of personal data via the platform of anny informs the corresponding privacy policy.
anny processes the end user data as an order data processor and exclusively for the purpose of providing the contractual service on behalf of and according to the instructions of the provider. anny takes appropriate, technical and organizational measures to protect the customer data. The provider remains the responsible party in terms of data protection law and responsible for the legality of the collection, processing and use of end user data in accordance with the legal provisions, in particular the DSG-VO. Further details are regulated by the order data processing contract between anny and the provider.
The provider has access to all booking and customer data concerning its managed resources at app.anny.co. The provider has the option to export the booking and customer data as a CSV file. The provider is responsible for data protection compliant handling of this data.
The provider has access to his user data under account.anny.co and can manage them independently.
§ 12 Liability of anny
The resources published and presented on anny do not reflect the opinion of anny and are not checked by anny for their legality, accuracy and completeness.
There are no contractual relations between anny and the end customer regarding the execution of the booking. The provider indemnifies anny from all claims asserted against anny by bookers or other third parties due to failure, postponement or other problems in connection with a booking made by the provider.
anny shall not be liable for disruptions or damages of any kind whatsoever that are caused by circumstances beyond its control and that it could not foresee or avoid even if it exercised due commercial care. This applies in particular to damage caused by disruptions to lines, servers and other facilities that are not subject to the area of responsibility of anny.
anny also assumes no liability for damages incurred by the provider due to necessary measures to adjust anny in accordance with § 4 of these general terms and conditions.
The liability of anny for damages of the provider or end customer is excluded. This exclusion of liability does not affect liability for damages resulting from injury to life, limb or health or other damages resulting from an intentional or grossly negligent breach of duty by anny or a legal representative or vicarious agent of anny.
A strict liability of anny for defects already existing at the time of conclusion of the contract according to § 536a Abs.1 Hs.1 BGB is excluded. It is the responsibility of the provider to immediately notify anny of any defects, malfunctions or damage that occur.
As far as the liability of anny is excluded or limited, this also applies to the liability of anny for its legal representatives, vicarious agents and assistants as well as their personal liability.
§ 13 Liability of the Provider
The provider indemnifies anny from all claims asserted against anny by other providers, end customers or other third parties due to an infringement of their rights by resources published by the provider. In this context, the provider shall bear the costs of the necessary legal defense, including all court and attorney's fees in the statutory amount of anny. The claim for indemnification does not exist if the provider is not responsible for the infringement.
In the event of a claim by a third party, the provider undertakes to immediately, truthfully and completely provide all information necessary for the examination of the claims and a defense at the request of anny.
Any further liability of the provider remains unaffected.
§ 14 Termination / Term
The contract concluded with anny runs for an indefinite period.
The contract concluded with anny may be terminated by either party, unless otherwise agreed, by giving 30 days' notice in writing. The date of receipt by the contracting party shall be decisive for the timeliness of the termination.
anny is entitled to extraordinary termination without notice for good cause. This shall be the case in particular if the Provider violates § 1 Paragraph 4. or is in default with the payment of the agreed fees pursuant to § 8 in the amount of more than two monthly basic rates or with the settlement of a negative balance in the amount of more than two monthly basic rates and does not settle the payment even after a corresponding request for payment. If no monthly basic rate is owed, this right shall exist if the provider is in default with a claim totaling € 250.00. In the event of termination without notice, anny is entitled to render the provider inactive and to immediately block its resources for the offer via anny.
The provider is entitled to terminate the contractual relationship without notice if anny violates essential contractual provisions and the violation has not been remedied within a reasonable period of time following a corresponding warning.
In the event of an increase in remuneration pursuant to Section 9 (1) or (2), the Provider shall be entitled to terminate the contract in writing or in text form within a period of four weeks after receipt of the announcement of the increase with effect from the date on which the price increase comes into force. If the customer does not terminate the contract or does not terminate the contract in due time, the contract shall be continued under application of the increased remuneration. Other termination rights of the Provider shall remain unaffected.
Upon termination of the contract, all resources posted by the provider will be removed from the platform and the user account will be deactivated. Access to the user account by the provider or end customer no longer exists from this point in time.
anny reserves the right to irrevocably deactivate and delete user accounts that have been inactive for a period of more than 12 months.
§ 15 Amendment of the GTC
anny reserves the right to amend these General Terms and Conditions at any time, insofar as this is necessary for valid reasons, in particular due to a changed legal situation or supreme court rulings, technical changes or further developments, new organizational requirements of mass traffic, regulatory gaps in the General Terms and Conditions, changes in market conditions or other equivalent reasons and does not unreasonably disadvantage the Provider.
Amendments to the General Terms and Conditions shall be notified to the Provider in writing or by e-mail at least 15 days before they come into force. The changes will become effective if the Provider does not object in writing or by e-mail within a period of 15 days (starting with the receipt of the change notification) and anny has informed the Provider about this legal consequence of the change notification.
The Provider shall be granted longer periods if necessary technical or business changes are to be made as a result of the changes made.
The Provider has the right to terminate the Agreement with anny before the expiry of the term specified in paragraph 2.
The time limit under paragraph 2. shall not apply if anny
a. due to legal or officially ordered obligations, has to make changes to the General Terms and Conditions in a way that does not allow the deadline according to paragraph 2 to be met;
b. in exceptional cases, must amend its General Terms and Conditions to avert an unforeseen and imminent danger in order to protect the Platform, the Providers or the Users from fraud, malware, spam, breaches of data protection or other cybersecurity risks.
The provider may waive the 15-day period at any time after receipt of the notice under paragraph 2 either by a written statement or a clear affirmative act.
Posting of new resources on the website of anny before the expiry of the time limit shall be considered as a clear confirmatory act waiving the time limit under paragraph 2, except in cases where a reasonable and proportionate time limit is more than 15 days because the Provider needs to make significant technical adjustments to its resources due to the changes in the General Terms and Conditions. In such cases, the posting of new resources by the Provider shall not automatically be deemed a waiver of the time limit.
§ 16 Internal complaints management
anny offers providers free customer support, which is available both for technical problems and for other concerns or complaints from providers. Inquiries or complaints can be made via the chat support or the e-mail address support@anny.co to anny.
anny compiles statistics on complaints filed. These are available at https://docs.anny.co/en/articles/8010-p2b viewable.
§ 17 Final provisions
These GTC, the concluded contract and all further agreements between anny and the provider or end customer shall be governed exclusively by the laws of the Federal Republic of Germany - excluding the conflict of laws provisions of the EGBGB and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). If copies of these GTC have been made in languages other than German, only the German version is binding for anny and the provider.
Verbal subsidiary agreements and supplements at the time of the conclusion of the contract do not exist. Subsidiary agreements, amendments or supplements must be made in writing to be effective. The cancellation of the written form requirement must also be in writing. The written form within the meaning of these GTC shall also be complied with by e-mail.
Place of performance is Aachen. The place of jurisdiction for disputes arising from or in connection with the contractual relationship existing between anny and the provider is Aachen.
Should individual provisions of these GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Any provisions of these GTC that are not included or are invalid shall be replaced by the statutory provisions. If a legal regulation is not available in the respective individual case, the parties will enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the invalid provision in economic terms. *
*For reasons of easier readability and comprehensibility, the female form is not used. The exclusive use of the masculine form is to be understood explicitly as gender-independent.
Empowering the world to share resources
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Empowering the world to share resources
Empowering the world to share resources