General Terms and Conditions

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

1. 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.

2. 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.

3. 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.

4. 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

1. 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.

2. Suppliers can be entrepreneurs in the sense of § 14 BGB, associations, institutions under public law as well as special funds under public law.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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

1. 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.

2. 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.

3. 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

1. 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.

2. anny grants the Provider a simple and non-transferable right to use the platform provided by anny for the term of this Agreement.

3. 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.

4. 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

1. anny enables providers to have the processing of bookings requiring payment carried out directly via anny.

2. 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.

3. 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*.

4. 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

1. 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).

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. The provider guarantees that he is the owner of all rights to the content, logos, images, etc. provided to anny.

9. 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.

10. 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

1. Resources booked via anny are confirmed to the end customer by e-mail, directly or by booking confirmation by the provider.

2. The Provider authorizes anny to issue confirmations of the booking on behalf of the Provider.

3. 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

1. 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).

2. Unless expressly stated as gross prices, all prices are subject to the statutory value-added tax applicable at the relevant time.

3. Individual adaptations of anny to the needs of the provider are recorded with a separate agreement between anny and the provider and invoiced individually.

4. 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.

5. 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.

6. 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.

7. 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

1. 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.

2. 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

1. 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.

2. 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.

3. 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 €.

4. 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.

5. In cases of § 6 paragraph 1. the provider has the possibility to explain the facts to anny.

§ 11 Data protection

1. 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.

2. 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.

3. 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.

4. The provider has access to his user data under account.anny.co and can manage them independently.

§ 12 Liability of anny

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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

1. 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.

2. 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.

3. Any further liability of the provider remains unaffected.

§ 14 Termination / Term

1. The contract concluded with anny runs for an indefinite period.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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

1. 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.

2. 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.

3. The Provider shall be granted longer periods if necessary technical or business changes are to be made as a result of the changes made.

4. The Provider has the right to terminate the Agreement with anny before the expiry of the term specified in paragraph 2.

5. 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.

6. 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

1. 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.

2. anny compiles statistics on complaints filed. These are available at https://docs.anny.co/en/articles/8010-p2b viewable.

§ 17 Final provisions

1. 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.

2. 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.

3. 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.

4. 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.