General Terms and Conditions for the social network kanvie and products of Kanvie GbR

§ 1 Subject Matter

(1) Kanvie GbR, Speditionsstraße 15A, 40221 Düsseldorf, Germany, Tel.: +49 211 43633853, E-Mail: info@kanvie.com operates the social network "kanvie" (hereinafter referred to as "kanvie"), as well as various software and web applications, such as the cycle and pregnancy tracker "shekan" (hereinafter referred to as "kanvie Products" or “Products by kanvie").

(2) The following General Terms and Conditions ("GTC") govern the rights and obligations associated with the use of the kanvie Network, as well as kanvie's products, and the contractual relationship between kanvie and users of the kanvie Network and kanvie's products (hereinafter: "User"). The User may access and print out these GTC in the kanvie Network, as well as in kanvie's products, and save them on its terminal device at any time.

(3) Any terms and conditions of the User conflicting with or deviating from these GTC shall not become part of the contract unless kanvie expressly agrees to their applicability in writing (§ 126 BGB).

(4) The contract language shall be German or English, depending on which of the two languages is chosen by the user. In case of any ambiguity regarding the interpretation of these GTC, the German version of these GTC shall prevail.

§ 2 Offer of Kanvie GbR

(1) kanvie is a social network for sports, nutrition and health, which offers Users the opportunity to post their own content in the form of photos, videos and text representations, to view other people's content and to be inspired by each other. In addition, users are able to exchange information with each other by commenting on content and sending messages.

(2) kanvie Products are our software and web applications, which do not include the kanvie network. kanvie Products include, for example, an application for the approximate prediction of the course of the menstrual cycle (“shekan”), or technical support for forming or breaking habits (“kanchieve”).

§ 3 Registration / Storage of the Offer Text / Correction Notice / Netiquette

(1) In order to be able to fully use the functions of kanvie and kanvie Products, it is necessary for the Users to create a personal account. The minimum age required for this is 18 years. In doing so, they must register by providing the complete and correct data requested therein and agree to the validity of these GTC. Kanvie GbR is entitled to refuse a registration and reserves the right to request further documents proving the legitimacy (e.g. copy of the identity card).

(2) The contractual text of the User Agreement shall be stored by Kanvie GbR. The User shall not have access to the text of the agreement via the Internet, but may call up the stored data in its user account.

(3) Upon completion of the registration process, the User shall receive a registration confirmation by e-mail containing all relevant data.

(4) The User can return to the start page at any time before submitting his entries by clicking on the back button, cancel the registration process and, if necessary, start again.

(5) The User undertakes to ensure that no unauthorized third parties obtain knowledge of his password. If this nevertheless occurs or if the User has evidence to that effect, the User shall notify Kanvie GbR thereof without undue delay.

(6) If the User's data changes after registration, the User shall be obliged to update the data in its User Account without undue delay.

(7) Kanvie GbR shall be entitled to warn a User or to block the access of a User to the Network or products of kanvie, in whole or temporarily, in particular if the User

- posts illegal content as defined in § 5 para. 2,

- uses data or information obtained via the platform for purposes that violate legal regulations or the rights of third parties,

- attempts to establish and/or participates in pyramid schemes and/or multi-level marketing via the Platform or other services of Kanvie GbR / products of kanvie.

§ 4 Remuneration for services / Termination

(1) Kanvie GbR offers free and chargeable services. Only the services of kanvie that are expressly marked as chargeable, in particular the services of the Premium Version, shall be subject to a charge, i.e. subject to payment obligations.

(2) All payments to be made to kanvie GbR shall always be due immediately.

(3) If the User selects a product marked as chargeable, the User shall pay the remuneration therefor to Kanvie GbR in advance.

Payments of the remuneration shall be made exclusively online. The User will be informed about the payment options on kanvie and the products of kanvie.

(4) The User shall be entitled to terminate its membership with Kanvie GbR at any time by sending a notice of termination by e-mail to memberships@kanvie.com, unless the membership was concluded via the service of the Google Play Store, or the Apple App Store. The User will receive a confirmation of termination by e-mail. The affected user account will then be closed and can no longer be accessed by users.

Information on purchases and memberships that were concluded via services of the Google LLC Play Store can be found here:

Information on purchases and memberships that were concluded via services of the Apple Inc. App Store can be found here:

(5) Kanvie GbR is entitled to terminate the Membership with a notice period of two weeks to the end of the month or to the 15th of each month.

(6) Termination without notice for good cause shall remain unaffected. Good cause shall be deemed to exist, in particular, if there are reasons justifying repeated blocking pursuant to § 3 (7), if false contact data has been provided, if data has been disclosed to unauthorized third parties, or if these GTC or statutory regulations have been violated.

§ 5 Rights and duties

(1) If Kanvie GbR has received the User's e-mail address, Kanvie GbR shall be entitled to send the User information on the offers of Kanvie GbR by e-mail, unless the User has objected to such use. The User may object to such use at any time in the future, informally and free of charge, by sending an e-mail to Kanvie GbR. Kanvie GbR will inform about the right of objection in each e-mail.

(2) The User undertakes to ensure that the content posted by it on kanvie does not infringe any third party rights, in particular intellectual property or personal rights of third parties, or violate any official requirements, statutory provisions, morality or these GTC ("Inadmissible Content").

In case of violations, Kanvie GbR reserves the right to remove any Inadmissible Content or Services already published on the Internet.

The same shall apply if links to service elements are set on behalf of the User, which directly or indirectly lead to pages with inadmissible contents. Any payment obligation of the User shall remain unaffected thereby.

If claims are asserted against Kanvie GbR due to inadmissible contents or other violations of the law (e.g. violation of industrial property rights, copyrights or competition law) for which the User is responsible, Kanvie GbR shall be entitled to take the contents offline without examining the legal situation. The User shall indemnify Kanvie GbR upon first request against any claims of third parties. The indemnification shall also include the necessary legal costs incurred by Kanvie GbR.

(3) Even if the above requirements are complied with, no extraneous content may be published in addition to content corresponding to the purpose of the platform (see § 2).

If these requirements are not met, the content shall be deemed to be prohibited content with the consequences of § 5 para. 2.

(4) If a User notices any content that does not comply with the principles of the platform pursuant to paragraph 2, the User may report this to kanvie via reporting-community@kanvie.com or via the "Report" menu.

(5) kanvie is entitled to engage vicarious agents.

(6) It is prohibited to use mechanisms, software or other scripts in relation to the kanvie network that could interfere with the proper operation of the website or to interfere with kanvie's performance in any other way. Likewise, it is prohibited to take any measures that could result in an unreasonable or excessive load on kanvie's infrastructure.

(7) Additional restrictions and requirements in addition to these GTC may apply to Service Elements that are placed or used on sites that are not operated by kanvie.

(8) kanvie shall always endeavor to ensure uninterrupted availability of the network as well as error-free transmission of all data exchanged via the Site. However, due to the nature of the Internet, this cannot be guaranteed. Unpredictable system failures are just as possible as necessary maintenance work, repairs or the introduction of new services. kanvie takes into account the legitimate interests of the users. In case of data loss, kanvie shall not be liable for such loss, unless in case of gross negligence or intent on the part of kanvie. § Section 8 (Liability) shall remain unaffected by the above provisions.

§ 6 Copyrights / Industrial property rights

(1) The granting of the possibility to use the kanvie network does not imply any transfer of ownership or usage rights, licenses or other rights to the User. All rights to the portal used, to marks, titles, trademarks as well as copyrights and other industrial property rights shall remain with kanvie without restriction. The rights to content posted by the user (e.g. videos) shall also remain with the respective rights holders.

(2) The User shall bear the sole responsibility under copyright, competition law and other laws for the content intended for publication by the User. Reference is made to § 5 para. 2.

(3) By placing an order, the User confirms that he/she has acquired all rights of use to the content he/she has placed on the portal or that he/she can freely dispose of it. Reference is made to § 5 para. 2.

(4) By posting content, the User grants kanvie the worldwide, non-exclusive, free of charge right to use such content to the extent necessary for the provision of the services in the Network. At the same time, the User grants other users of the Service the worldwide, non-exclusive right to access and use the Content within the Network to the extent necessary and to the extent enabled by the functions of the Platform. The license grant is valid until the Content is removed by the posting User. kanvie is, however, not obligated to recall the Content used offline by other Users or to delete copies caused by legal reasons after removal of the Content by the User.

§ 7 Legal position of Kanvie GbR

Kanvie GbR reserves the right to transfer rights and obligations from the User Agreement as well as from these GTC in whole or in part to third parties or to have them exercised by third parties.

§ 8 Liability

(1) Kanvie GbR shall be liable for damages caused by slight negligence only to the extent that such damages are based on the breach of material contractual obligations (cardinal obligations), damages resulting from injury to life, body or health, or claims under the Product Liability Act or under a warranty of quality assumed by Kanvie GbR. Cardinal obligations are obligations the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner could rely.

(2) The liability of Kanvie GbR for ordinary negligence under this provision shall be limited to the typically foreseeable damage. This shall also apply to damage caused by delay due to slight negligence.

(3) The provisions of the preceding paragraphs shall also apply mutatis mutandis to a limitation of compensation for futile expenses (§ 284 BGB).

(4) The above limitations of liability shall also apply in favor of the vicarious agents and legal representatives of Kanvie GbR.

(5) Liability under the Product Liability Act shall remain unaffected.

§ 9 Secrecy

It is incumbent upon the User to exercise the greatest possible care in the use of IDs, passwords, user names or other security devices provided in connection with the Services and to take any measure that ensures the confidential, secure handling of the data and prevents their disclosure to third parties. The User is obliged to inform Kanvie GbR without undue delay about any possible or already known unauthorized use of its access data.

§ 10 Warning, court decision

If the User has been warned about any content published on kanvie, if the User has already submitted a cease-and-desist declaration with respect to certain (video) content, or if the User has been served with a corresponding injunction, judgment or other court decision or official order, the User shall immediately inform Kanvie GbR thereof in writing. The User shall further be obligated to indemnify Kanvie GbR against any claims of third parties upon first demand and to compensate Kanvie GbR for any damage. Reference is made to § 5 para. 2.

§ 11 Image rights / image representations

If the kanvie network contains images outside the area made available to the user or other third parties for publications, the rights to the respective image are held by kanvie. Any use of the images without the express consent of kanvie is prohibited.

§ 12 Cancellation policy / Right of withdrawal for consumers

In the cases provided for by law, the User who is a consumer within the meaning of Section 13 of the German Civil Code (BGB) shall have a right of revocation. The User can find the revocation instruction as well as information on the consequences of the revocation under the link https://www.kanvie.com/en/purchases-and-revocation or under the section "Revocation" on kanvie or kanvie's products.

§ 13 Privacy

The protection of the User's personal data during the collection, processing and use on the occasion of his visit to the Network is an important concern of Kanvie GbR. By registering, the User authorizes Kanvie GbR to collect, store, process and use his/her personal data for its own purposes in compliance with the statutory provisions. Kanvie GbR complies with the provisions of the Basic Data Protection Regulation (DSGVO), the Federal Data Protection Act (BDSG), the Telecommunications Telemedia Data Protection Act (TTDSG) and any other applicable data protection provisions. Further information on the type, scope, location and purpose of the collection, processing and use of the data collected can be found in the Privacy Policy, which can be accessed at any time via the "Privacy Policy" link on kanvie and kanvie products.

§ 14 Online dispute resolution for consumers

(1) As a consumer in the sense of § 13 BGB, you can visit the online dispute resolution portal of the European Commission for problems with contracts concluded online: https://ec.europa.eu/consumers/odr/.

(2) Kanvie GbR is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany shall apply to the contract and its interpretation, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law and its choice of law clauses.

(2) If the User is a merchant within the meaning of § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts at the registered office of Kanvie GbR shall have exclusive jurisdiction over all disputes arising out of or in connection with the relevant contractual relationship.

(3) Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remainder of the contract shall not be affected thereby. The invalid or unenforceable provision shall be replaced by the statutory provisions. The same shall apply accordingly in the event that the contract proves to be incomplete.

Version from 31.10.2022