Terms of Use

1. Scope of the terms of use

1. These terms of use apply to the online offer, hereinafter referred to as BS09 Short Links, which is available on the Internet at https://bs09.de.
2. This is a platform on which users can create shortened URLs, so-called "Short links", as well as QR codes and bio-link pages, hereinafter collectively referred to as services.

2. Anonymous use

1. The anonymous use of the services of BS09 Short Links is possible to a limited extent. In this case, a contract of use is concluded with the operator.
2. Content created by anonymous users is checked particularly closely for compliance with the terms of use.
3. Anonymous users who obviously deliberately violate the terms of use will be excluded from further use of the services on BS09 Short Links. Special technical means are used for this purpose.

3. Conclusion of contract and user account

1. By using the services on BS09 Short Links free of charge or for a fee and by completing the online registration process and creating a user account, a user contract is concluded with the operator. The object of the contract of use is the free and fee-based use of the services on BS09 Short Links.
2. Personal data is required to create a user account. This consists of a user name, an e-mail address and a password ("log-in data").
3. The creation of a user account is only possible if tThe contract language is exclusively German.he user provides a current e-mail address. This e-mail address is also used for communication with the operator.
4. The user warrants that the data used when creating his profile ("profile data") are accurate and complete.
5. The contract language is exclusively German.

4. Use of the user account

1. When using the user account, the user can make use of various services:
   • The user has the option of converting long URLs into shortened links
   • The user has the option of creating QR-Codes
   • The user has the option of creating Bio-Link-Pages
   • The user can call up statistics on the distribution of his created content
2. The operator is entitled to block access to individual content at any time, e.g. if there is a suspicion that they violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of this website.
3. The operator endeavors to ensure the trouble-free operation of this website. This is naturally limited to services over which the operator has an influence. The operator is at liberty to restrict or completely block access to this website in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and other events beyond its control.

5. Obligation of the user to cooperate: Posting content

1. The user undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) when creating and using his/her own content and not to infringe any third-party rights (e.g. rights to a name, trademark, copyright and data protection rights).
2. The user undertakes to the operator that the content created through the use of the services of this website does not violate applicable law or morality in terms of content or form. In particular, the creation of short links to websites and the distribution of content from these websites that represent, concern or contain the following content is prohibited:
   • Racism
   • Glorification of violence and extremism of any kind
   • Incitement and instigation to commit criminal offenses and violations of the law, threats against life, limb or property
   • Agitation against persons or companies
   • defamatory statements, libel, slander and defamation of users and third parties as well as violations of fair trading law
   • copyright infringing contents or other infringements of intellectual property rights
   • sexual harassment of users and third parties
   • Pornography
   • offensive, sexist, obscene, vulgar, vile or disgusting materials and expressions
3. In addition to paragraph 2, the user is prohibited from creating short links to the following websites:
   1. Harmful websites
      • Phishing websites, websites that spread malware and compromised websites
   2. Misleading websites
      • Websites that are deliberately misleading or interfere with normal surfing behavior
      • Websites that display unwanted dialogs to the user, prevent the user from leaving the website or automatically play audio or video elements that the user is not expecting
      • Websites with particularly aggressive or misleading advertising, for example in the form of invisible advertising spaces or advertising banners that are visually similar to the navigation elements of the website visited, e.g. download or download links Buttons on software websites that link to advertising content
   3. Illegal, extremist and violence-glorifying websites
      • Websites that spread hate, insult or defame people or groups of people
      • Websites that incite violence
      • Websites that contain depictions of violence, (right-wing) extremist, anti-Semitic content
      • Websites that contain texts, symbols, images or videos that are prohibited by law
   4. Disinformation
      • Websites that deliberately disseminate false information or present clearly refutable or controversial information as factually correct or place it in a context that makes it appear to be factually correct (so-called "fake news")
      • Websites that deal with sensitive topics such as health, law, politics, sexuality and war reporting (with the exception of satire or factual discussion of the topics)
   5. Dubious business models
      • Websites that ask the user to enter personal data without clearly stating the purpose for which the data is collected and used
      • Websites that advertise opportunities to supposedly earn a lot of money quickly (e.g. through the use of pyramid schemes, network marketing, cryptocurrencies, etc.)
      • Websites that use the business model or offerings of another (online)company deliberately misuse the service or violate its terms of use
   6. Illegal and dubious stores
      • Websites that sell or advertise counterfeit products, narcotics, unauthorized drugs or illegal goods
      • Online stores that pursue dubious business models, e.g. stores that sell health products with scientifically untenable promises of salvation as a mailbox company
   7. Gambling
      • Online casinos and other websites that offer or advertise gambling in any form
   8. Dating portals with fake profiles
      • Dating websites that use fictitious profiles (created and controlled by employees or computer programs) that interact with real users
   9. Tracking that violates data protection
      • Services and websites that are used to collect personal data from users without their consent, e.g. "IP loggers""
   10. Unauthorized use of computing power
       • Websites that use the hardware resources of their visitors in a targeted manner and without their prior consent in order to perform calculations on them that are not necessary for viewing the web content
       • Websites that run crypto-mining software on their users' end devices
   11. Access to location data and sensors
       • Websites that access sensors (such as cameras or microphones) or the user's location data if they do not obtain the user's consent in advance and fully inform the user about the use and storage of the transmitted data
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   12. Intrusive advertising
       • Websites with particularly aggressive or dubious advertising and pure redirect websites with advertising content
   13. Forwarding chains
       • Short links that refer to one or more other short links, regardless of the provider, or to other websites that only serve as redirects

6. Further obligations of the user to cooperate

1. In the event that the user uses the option of informing third parties of the existence of this website via the sharing function provided by the operator, the user must ensure that the third party agrees to the sending of the advertising recommendation e-mail.
2. In the event that the content contains short links to third-party sites, the user warrants that he/she has the authorization to use the short link and that the website to which the short link is directed is not a third party.("landing page"), is compatible with applicable law and the rights of third parties (see paragraph 5)
3. The user is obliged to handle the log-in data with care. The user is prohibited without exception from disclosing the log-in data to third parties and/or enabling third parties to access the user account by circumventing the log-in data.
4. The user must refrain from any activity that is likely to impair and/or excessively burden the operation of this website or the underlying technical infrastructure. This includes in particular:
   • the use of software, scripts or databases in connection with the use of this website
   • the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of this website
5. It is also offensive to personality and therefore not permitted to abolish the anonymity of other users or to disclose information from other users from private messages, emails or chats that are not intended for the public. Users may not include or otherwise disclose any information in their posts that could reveal the identity of another user or that the user has received from other users exclusively in private messages, emails or chats.
6. Should there be any disruption in the use of this website or its functionalities, the user shall inform the operator of this disruption immediately. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

7. Rights of use

1. All rights to the content of this website are held by the operator. The user is prohibited from reproducing, distributing and/or publishing content that the operator, other users or third parties have uploaded to this website.

8. Liability

1. Limited liability: The operator has limited liability for intent and gross negligence and in accordance with the Product Liability Act. The operator shall not be liable for slight negligence in the event of injury to life, limb or health of persons.
2. Otherwise, the following limited liability shall apply: In the event of slight negligence, the operator shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the user may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of the operator's vicarious agents.

9. Claim for indemnification

1. The user shall indemnify the operator and its employees or agents against all claims by third parties arising from alleged or actual infringements of rights and/or infringements of third-party rights due to actions taken by the user in connection with the use of this website.
2. In addition, the user undertakes to reimburse all costs incurred by the operator as a result of claims by third parties. Reimbursable costs also include the costs of an appropriate legal defense.

10. Personal data

1. The user hereby consents to the storage of the personal data entered by him/her. This also applies to the storage of IP addresses, which are transmitted each time this website is used. In particular, the user also consents to the display of the personal data entered by him/her in his/her profile presentation within this website for other users of this website and third parties who are not users of this website.
2. The user also consents to the use of his/her personal data for the personalization of advertisements placed on this website (personal data will not be passed on to advertisers). The user also agrees to third party advertisements of any kind being placed on his/her profile pages.
3. The use of this website makes the collection, processing and use of personal data by the operator unavoidable. The operator assures that all stored data will be treated with care and processed exclusively within the scope of the user's consent under data protection law. The operator will only use personal data beyond this if this is permitted by law or if the user has consented in advance.

11. Chargeable use

1. The operator offers the user the option of using extended features and services of this website for a fee, hereinafter referred to as a subscription. The functions, prices and duration of the paid subscription can be viewed on the homepage in the Plans menu.
2. For subscriptions taken out, the stated term is the minimum contract term. At the End of the contract term, the subscription ends automatically. There is no automatic renewal.
3. After the paid subscription expires, the user is downgraded to a free plan. The use of content and functions that were exclusively reserved for the paid subscription is therefore no longer possible. However, the user has the option of regaining the corresponding functions and services by taking out a new paid subscription. The automatic downgrading of the user does not remove the created paid content.
4. The fee for the use of the subscription must be paid in advance for the specified plan. Fees can only be paid in Euro (€).
5. Invoices are issued exclusively via the user's user account. Invoices will not be sent by e-mail and/or letter.
6. All amounts are gross and include the currently applicable german VAT. The invoice amount shown does not include VAT in accordance with § 19 UStG.
7. Refunds of fees by the operator, even pro rata based on actual use, is generally excluded. This does not apply to circumstances that were deliberately caused by the operator and that result in the user not being able to use the agreed subscription services in full. In this case, the final usage fee may be refunded on a pro rata basis in accordance with the remaining term of the contract. All ancillary costs and fees charged by the payment service provider for a refund will be passed on to the user in full.
8. The operator is not liable to refund the user if circumstances of force majeure mean that the services of the website cannot be used to their full extent or the website is unavailable. These include, in particular, wars, natural disasters, power failures, strikes, DDOS attacks and hacker attacks. The operator is not obliged to provide information or evidence to the user.

12. Contract duration/termination

1. The free contract runs for an indefinite period and can be terminated by either party at any time without notice and without giving reasons. Termination does not require the written Form. The user's free contract shall be deemed terminated if the user removes their user profile in the dashboard under Settings/ Delete user profile.
2. A paid subscription is considered canceled if the user removes their user profile in the dashboard under Settings/ Delete user profile. Paragraph 11, section 7 applies accordingly.
3. In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. Paragraph 11, section 7 applies accordingly.
4. The operator shall have good cause to terminate this contract if the user persistently breaches his obligations under these terms of use. The operator may terminate the contract at any time, without prior notice and without stating reasons. Paragraph 11, section 7 applies accordingly.
5. The operator reserves the right to block (ban) a terminated user. A new registration of the user is therefore excluded.

13. Verification

1. The user has the option of getting verified his user account and the associated personal data by the operator.
2. In order to verify the user, a document confirming the user's personal data must be sent. The document can be uploaded in the user account under Verification.
3. Uploaded documents are used exclusively for verification purposes. The data will not be passed on to third parties.
4. After verification of the personal data, the submitted document will be deleted immediately and permanently from the server. This happens regardless of whether the verification was successful or not.
5. If the verification was not successful, the user has the possibility of submitting a new document for verification at any time.
6. The user is informed by e-mail about the success of his verification.

14. Deletion of the user account

1. The user has the right and the possabillity to remove their user account at any time in the dashboard under Settings/ Delete user profile. This process is immediately and irrevocably deletes all of the user's created content and personal data from the server. It is fundamentally impossible to restore the data and content.
2. If the user deletes their user account during the minimum contract term of a paid subscription, the contract shall be deemed to have expired. Paragraph 11, section 7 applies accordingly.

15. Deletion/editing of content and personal data

1. The user has the right and the possabillity to edit or delete the content they have created at any time. This also applies to personal data with the exception of the user name.
2. The operator has the right to edit, delete or restrict the use of content created by the user at any time without prior notice and without giving reasons. This applies in particular if the user violates the terms of use stated here.
3. If the restriction or deletion of content or functions affects features that were guaranteed by a paid subscription, the user has forfeited his right to use these paid functions. Paragraph 11, section 7 applies accordingly.

16. Deletion of inactive content

1. The operator reserves the right to delete inactive content created by the user after 6 months at the latest.
2. This applies in particular to short links that have not been clicked during the specified period.
3. Section 1 does not apply if the user has taken out a paid subscription or has created the short links via his own domain.

17. Final provisions

1. Should the contract contain invalid provisions, this shall not affect the validity of the remainder of the contract.
2. This contract shall be governed exclusively by the law of the Federal Republic of Germany. The place of jurisdiction shall be the city of Neubrandenburg in Germany.
3. The operator reserves the right to change these terms of use at any time and without notice.
4. It is the user's responsibility to inform himself regularly about the applicable regulations.