§ 1 Scope, Definitions
(2) The User is a consumer in the sense of § 13 BGB (German Civil Code), insofar as the purpose of the use cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur according to § 14 BGB is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Use of the website
(1) The use and registration on the website mney-app.com (hereinafter: “Website”) is free of charge.
(2) The Provider may limit or extend the scope of use at any time without the User’s consent.
(3) In order to use the full scope of functions of the Website and to participate in the remuneration models, a one-time registration is required. The user can request the deletion of his account at any time. In the event of deletion, there is no entitlement to the restoration of old data.
(4) The purpose of the website is the mediation of product tests between users and external advertising partners (hereinafter: “advertising partners”) for whose active participation the user can earn remuneration or other benefits.
(5) The provider endeavors to keep the website up to date, without this resulting in a claim for updates.
§ 2a Premium Account
(1) The user can be activated for a premium account and thus gain access to exclusive promotions.
(2) The activation can be made dependent on the sending of an identification document (e.g. identity card). The documents will be checked for verification and will not be passed on to third parties. After verification, the data will be deleted.
§ 3 Entitlement to remuneration
(1) Depending on the participation in a product test, the user can earn remuneration or other benefits. The conditions of participation of the advertising partner apply in each case.
(2) The claim to remuneration does not arise if the user violates the conditions of participation or if his participation is in abuse of rights. In particular, the exploitation of technical vulnerabilities, the creation of multiple accounts, the use of bots, scripts, crawlers, spiders or comparable technologies are considered to be abusive. If such circumstances occur after the value date of the remuneration, this can be reclaimed. A remuneration is excluded if the customer receives it for the purchase of a product and revokes the purchase contract.
(3) In order to participate in the remuneration program, the user must be of legal age and reside in Germany or Austria.
§ 4 Payment of the remuneration
(1) The payment of the remuneration requires a credit balance of at least 55.00 EUR. The provider is entitled to change the payout limit with 30 days notice. The payout is made via bank transfer to a German or Austrian bank account or via the payout methods listed on the website.
(2) There is no automatic payout of the remuneration. The user must request the payout himself.
(3) If no payment is made in money, but in other ways (e.g. voucher codes, or discounts), these can be displayed to the user in his account or sent by e-mail. If the order of a product or the conclusion of a contract is a prerequisite for receiving remuneration, the contract shall only be concluded between the user and the external contractual partner. If the user exercises his right of revocation in this respect, the claim to the remuneration shall lapse.
§ 5 Duties of the user
(1) The user assures that the information provided during registration is correct. The registration with foreign data is not permitted. Transfer of the account to third parties is not permitted.
(2) The user is responsible for compliance with the legal provisions when participating in promotions and indemnifies the provider from claims of third parties and government institutions in this regard.
(3) It is forbidden to use the system for abuse (e.g. flooding, false information, DDoS, fake accounts).
(4) Commercial use of the service requires the express consent of the provider.
(5) The user is responsible for the taxation of his achieved remuneration and the possibly required registration of a trade. In no case an employment relationship is established between provider and user.
(6) The user is prohibited to publish screenshots of the website without the explicit consent of the provider.
(7) It is prohibited to falsify screenshots or other evidence, to use foreign evidence or to pretend in any other way to have fulfilled the requirements for a product test.
§ 6 Blocking / deletion of the account, credit blocking
(1) The provider reserves the right to block the account of a user temporarily or permanently and to freeze the credit balance of the user if the user violates the obligations from § 5 or otherwise behaves contrary to duty.
(2) In the event of a deletion, there is no claim to restoration of previous data by the Provider. The deletion cannot be reversed.
§ 7 Liability of the provider
(1) Claims of the user for damages are excluded. Excluded from this are claims for damages by the User arising from injury to life, limb or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the User’s claims for damages are based on injury to life, limb or health.
(3) In particular, the provider is not liable for the accuracy and timeliness of links and the content that can be accessed through them and not for the information provided by advertising partners. The provider is not liable for delays or non-availability of the services. Advertising partners may change or discontinue their promotions at any time. In this case, there is no claim against the provider.
(4) The restrictions of paras. 1 to 3 also apply in favor of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(5) The limitations of liability resulting from paragraphs 1 to 3 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the provider and the user have reached an agreement on the condition of the item.
§ 8 Data protection
(1) The user agrees to the storage of personal data within the framework of the legal relationship with the provider, in compliance with data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties unless this is necessary for the implementation of the user relationship or consent has been given.
(2) Insofar as the user transfers personal data from third parties, the user assures that the consent of the third parties has been obtained. The user indemnifies the provider from any claims of third parties in this regard.
(3) The rights of the User or the person affected by the data processing result in particular from the following standards of the GDPR:
- Article 7 (3) – Right to withdraw consent under data protection law.
- Article 15 – Right to information of the data subject, right to confirmation and provision of a copy of the personal data
- Article 16 – Right to rectification
- Article 17 – right to erasure (“right to be forgotten”)
- Article 18 – right to restriction of processing
- Article 20 – right to data portability
- Article 21 – right to object
- Article 22 – right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 – Right to lodge a complaint with a supervisory authority.
(4) In order to exercise the rights, the user or data subject is requested to contact the provider by e-mail or, in the event of a complaint, the competent supervisory authority.
§ 9 Dispute resolution
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:
(2) The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 10 Final Provisions
(1) Legal relations between the Provider and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the user as a consumer has his habitual residence, remain unaffected.
(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider and the place of performance is the registered office of the provider in Los Angeles.