Terms and Conditions
Status: 11.04.2023
​
The Conditions
(1) This website (the "Site") and/or the Services, including any associated mobile applications (together: the "Services"), is owned and operated by EMP Expansion Method Platform GmbH (hereinafter also: "we", "us" and "our(s)"). These Terms of Use ("Terms") set forth the terms and conditions under which visitors or users (collectively: "Users" or "you") may visit or use the Site and/or the Services.
(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services. These Terms tell you who we are, how to use the Services and what to do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services. If you are a minor, you may use the Services only with the permission of your parents or legal guardians.
​
Member Account
(1) To access and use certain areas and features of our Site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your Member Account.
(2) If someone other than yourself accesses your Member Account and/or settings, they can perform all actions available to you and, for example, make changes to your Member Account. Therefore, we strongly advise you to keep the login details for your member account safe. Such activities may be deemed to have been done for you and on your behalf and you may be solely responsible for such activities that occur under your Member Account, whether or not expressly authorised by you, and for all damages, expenses and losses arising therefrom. You will be liable for activities related to your Member Account as described if you negligently enabled the use of your Member Account by failing to exercise reasonable care in protecting your login credentials.
(3) You may create and access your Member Account through a designated website or a third-party platform such as Facebook (the "Social Network Account"). If you sign up through a third-party platform account, you hereby grant us access to certain information about you that is stored in your Social Network Account.
(4) We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, in order to protect us, our Site and Services or other users, for example, if you breach any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may be done without notice if the circumstances require immediate action, in which case we will notify you as soon as reasonably practicable. In addition, we reserve the right to terminate your Member Account upon two months' notice by email if, for example, we discontinue our Member Account programme. You can stop using and request the deletion of your member account at any time by contacting us.
Permitted use
(1) Our services are provided to you for informational purposes and private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including infringement of any third party's rights) or for any purpose to collect personal data or impersonate any other user; (ii) alter or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or distort any Content or to undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our Content Standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorised advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of computer software or hardware (vii) robots, spiders, other automated devices or manual processes to monitor or copy our website or other web pages or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in any investigation of any activity that is suspected of or actually violates these Terms and Conditions.
​
Intellectual property rights
(1) Our Services and related content (and any derivative works or enhancements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (together: "our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set out herein or as required by mandatory law for use of the Services, you do not acquire any right, title or interest in or to our Intellectual Property Rights. Any rights not expressly granted in these Terms are expressly reserved.
(2) If the Services include the provision of digital content, such as music or video, you are granted the rights as set out in relation to such content on the Site.
​
User content
(1) You may post on or through the Service(s) text, files, images, photos, videos, sounds, musical works, copyrighted works, audio files, fonts, logos, trademarks, illustrations, compositions, applications, comments, information and other appropriate material (collectively: "User Content").
(2) By displaying or publishing ("posting") User Content on or through the Service(s), you hereby grant us a non-exclusive, fully paid-up, royalty-free, worldwide, limited license to use, modify, delete, add to, publicly display and reproduce such User Content as part of the Service(s) by distributing any or all of the Service(s) in the appropriate media formats through the media channels supported by us, except that User Content that is not part of the Service(s) may not be publicly displayed or reproduced, publicly display and reproduce such User Content as part of the Services by distributing any or all of the Services in the appropriate media formats through the media channels supported by us, except that User Content that has not been publicly ("privately") shared will not be distributed outside of the Services.
(3) You represent and warrant that: (i) the User Content you upload or make available through the Services is owned by you or you otherwise have the right to grant the licence described in this section; (ii) the posting and use of your User Content on or through the Service(s) does not violate any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person; and (iii) the posting of your User Content on the Services does not violate any contract between you and any third party.
(4) If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, you may notify us by providing the following information (our contact details for this can be found in the last section of these terms):
(i) the contact details of the person authorised to act on behalf of the copyright owner;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of the material that you claim is infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including a URL address);
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(v) a statement that the information in the notification is accurate, and an affidavit that you are either the copyright owner or authorised to act on behalf of the owner of a copyright that is allegedly infringed.
(5) We reserve the right to inform the natural or legal person who reported the infringement of any counter-notification and to provide all details contained therein.
(6) We can be reached at the following address:
Name: EMP Expansion Method Platform GmbH
Address: Schlesische Straße 29-30 (staircase M, 2nd floor) 10997 Berlin
E-mail: info@expansionmethod.ai
​
Disclaimer of warranties for the use of the Site and the Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates.
​
Exemption
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in connection with your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements outlined in the "Permitted Use" section, or any User Content uploaded or made available by you in violation of the warranties outlined in the "User Content" section, unless such circumstances are not due to your fault.
​
Limitation of liability
(1) We shall only be liable in the event of intent, gross negligence, negligent injury to life, body or health or in the event of a slightly negligent breach of an essential contractual obligation, and only in the case of chargeable services. A "material contractual obligation" means an obligation the performance of which is a basic requirement for the proper implementation of the agreement on which you normally rely and on which you can reasonably rely. Our liability for a slightly negligent breach of a material contractual obligation is limited to the amount of ordinary and foreseeable damages for that type of contract.
(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They shall also apply in favour of our managing directors, executive employees or other legal representatives, employees and vicarious agents.
​
Change of conditions and services; discontinuation
(1) We reserve the right to change these Terms and Conditions from time to time at our sole discretion to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. Therefore, you should review these Terms and Conditions periodically and in any event when you register for a Member Account (if applicable). The new Terms and conditions will apply to your use of the Service after they come into effect. If any ongoing services you use are affected by the changes to the Terms and Conditions, we will take reasonable account of your legitimate interests in doing so. We will notify you of any such changes in good time in advance. You will be deemed to have accepted the changes unless you object to them within two months of this notice. We will point this out to you in our notification. If you object to the changes, we will have a special right of termination - without further obligation to you - which will take effect on the date the changes come into force.
(2) We may modify the Services, discontinue the provision of the Services or one or more of the functions of the Services offered, or restrict the Services. We may terminate or suspend access to the Services or the Services themselves permanently or temporarily - without giving any reason and without any further obligation. We will, where possible in the circumstances, give you reasonable advance notice and give due consideration to your legitimate interests in taking such action.
​
Links to third-party websites
The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.
​
Applicable law
(1) These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany (without regard to its conflict of laws provisions).
(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.
​
MISCELLANEOUS
(1) A waiver by either party of any breach or default under these Conditions shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Terms and Conditions are for convenience only and shall have no legal significance.
(3) Except as otherwise expressly provided, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms or any or all of your contractual rights or obligations without our prior written consent.
(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services.
(6) The provisions of these Conditions which by their nature are intended to survive any such action on our part shall survive, in particular in respect of provisions relating to indemnities, releases, exclusions of liability, limitations of liability and this Miscellaneous section.
​
Contact
To contact us, please send an e-mail to: info@expansionmethod.ai
Name: EMP Expansion Method Platform GmbH
Address: Schlesische Straße 29-30 (staircase M, 2nd floor) 10997 Berlin
E-mail: info@expansionmethod.ai