Terms & Conditions

26 Oct, 2022

General

(1) The following General Terms and Conditions ("Terms & Conditions") apply between users (advertising companies; hereinafter "Brands" and advertising media; hereinafter "Creator") and Almabros GmbH ("Almabros").

(2) The Terms & Conditions hereinafter each consist of the General Terms and Conditions for Creator ("Creator Terms & Conditions") and the General Terms and Conditions for Brands ("Brands Terms & Conditions").

(3) Definitions of special terms can be found in the appendix to these Terms & Conditions, unless they are listed separately in these Terms & Conditions.

(4) Almabros offers Brands the publication of cooperation opportunities (campaigns) via its website in its app. Creators can subsequently view these campaigns in the app and participate if interested.

(5) Almabros refers to its product DANKS as a platform, marketplace, app and/or website.

(6) Creators receive a reward in the form of cashback, vouchers or products / service when participating in a campaign. In return, Creators advertise the products or services of the advertising company.

(7) The General Terms and Conditions of Almabros apply exclusively to the use of the DANKS platform as well as to the cooperations resulting therefrom.

General terms and conditions of the advertising company and/or the Creator shall only become part of the contract if Almabros has explicitly agreed to their validity.

(8) By using the DANKS website and/or the DANKS app, the user agrees to the Terms & Conditions. Almabros is entitled to change the Terms & Conditions at any time. In this case, Almabros will in any case communicate the changes to the Terms & Conditions by email and, if applicable, also in the app or the website.

The user can object to the amended terms and conditions of participation within two weeks. If he/she does not do so, the consent to the amendment shall be deemed granted.

(9) If individual agreements (supplements, amendments, ancillary agreements) are made with users, these shall in any case take precedence over these Terms & Conditions.

In order for individually made agreements to become valid, written confirmation from Almabros is required.

(10) Legally relevant declarations and notifications that are to be made to Almabros after conclusion of the contract must be made in writing to be effective.

(11) References to the applicability of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these Terms & Conditions.

Creator Terms & Conditions

§ 1 Creator General

(1) Almabros offers users a platform on which advertising companies can publish campaigns according to their ideas and cooperation conditions. Creators can participate in those campaigns.

(2) Almabros only establishes the connection between Brands and Creators and is not a contractual party and/or debtor of the cooperation contents and/or the promised services.

(3) The legal relationship in the course of the cooperations arises solely between the advertiser and the creator. Almabros assumes no liability and no guarantee with regard to the implementation of the mediated cooperations and will also not compulsorily verify them.

These contracts do not have any legal effect on Almabros.

The Creator can assert claims from the contract brokered by Almabros exclusively against the advertising company. No claims of any kind arise against Almabros from the mediated cooperations.

§ 2 Registration, Use, Account

(1) In order to use DANKS, users must create an account on the website or in the app.

(2) Creators undertake to provide truthful information when registering. Creators may not impersonate another person when creating the account.

(3) Only one account may be created per Creator.

(4) The Creator must have reached the age of 18. Otherwise, Almabros reserves the right to request the express permission of the parents or legal guardian and to deactivate the account in case of doubt or non-submission.

(5) The Creator may link its social media accounts to DANKS, provided that such linking is possible on DANKS.

Advertisers on DANKS as well as Almabros can in this case see what content the Creator has already published and read out campaign-relevant data (likes, number of followers, comments, etc.).

(6) The Creator is not entitled to make his account available to third parties.

(7) The Creator is solely responsible for the security of his password. A transfer to third parties is not permitted. If the password has become known to third parties, the Creator is obliged to change his password immediately.

(8) The Creator is obligated to comply with and acknowledge the rules laid down in these Creator Terms & Conditions and the campaign for each use of DANKS. In case of violation of these rules, the Creator can be excluded from the use of DANKS with immediate effect. In addition, Almabros reserves the right to assert claims for damages.

(9) The Creator agrees not to transmit any content containing viruses, Trojans or other programming that may damage the system of DANKS. In case of violation, the Creator will be immediately excluded from the participation of DANKS. He will compensate Almabros for any damage caused by any culpable violation of the above obligations.

(10) The Creator undertakes not to disseminate any advertising or inaccurate warnings of viruses, malfunctions and the like or to invite participation in sweepstakes, snowball systems, chain letters, pyramid schemes and similar campaigns.

(11) After creation, the Creator can have his account deleted at any time. He informs Almabros in writing of his wish to delete the account. The deletion will be carried out within fourteen days.

(12) Almabros reserves the right to delete the Creator's account at any time in the event of non-compliance with the terms of use, inactivity or without stating a reason.

§ 3 Conclusion of contract, service descriptions

(1) Advertising companies can list cooperation opportunities in the DANKS app. Creators can participate if they are interested.

In principle, Creators always receive cashback, a voucher, a product or a service as remuneration for their advertising performance.

(2) General terms of cooperation

Campaigns created by advertisers on DANKS may include, but are not limited to, the following information about the terms of cooperation:

- Private / Public Profile

- Minimum number of followers

- Minimum age/maximum age

- Participant Gender

- Participant's place of residence

- Requirements (e.g. sports enthusiast, student)

- Brand information (optional website and social media links)

- Cooperation content and expectations

- Compensation: Cashback, voucher for a service or product of the brand

- Cooperation rules

- General cooperation guidelines of DANKS

- Number and format of content (2 stories, 1 post, etc.)

- Tagging (mentions)

- hashtags

- Location (Tagging)

(a) The campaigns are framed in such a way that the fulfillment of the cooperation content (mostly positioning of the advertiser by the advertiser on social media) is expected according to the Brand's ideas. The advertising company must always be portrayed in a positive or neutral light in the context of the publication and the associated comments.

(b) The advertising companies describe the cooperation content and any rules as precisely as possible. It is assumed that Creator will be able to gather all information on the basis of the campaign description in order to complete the order satisfactorily for the Brand. If there are any questions or ambiguities regarding the Campaign, these must be submitted to DANKS Customer Service before the application and/or participation.

(c) In the campaign details you will find information about the compensation of the Brands, which are usually cashback, vouchers, free products, free services or discounts.

The amount of the compensation is generally differentiated between the number of followers of the Creator, exceptions are not excluded. The DANKS level of the Creator, a special rating system in the App, may also have an influence on the amount of the Compensation.

(d) The campaigns of the Advertiser Companies published on DANKS represent non-binding offers to a Creator to accept the campaign. Registered Creators may apply for the cooperation.

A distinction is made between Standard Campaigns (the application leads to immediate participation) and Expert Campaigns (the Company reviews the Creator's application and may accept or reject the application depending on the circumstances).

(e) As soon as a Creator participates in a Campaign (Standard Campaign immediate participation, Expert Campaign after acceptance of the application by the Brand), the Creator is obligated to perform the Campaign Content and must comply with all cooperation conditions.

(f) The following shall be considered services of the Creator:

Publications on social media that present the Advertising Company in a positive or neutral light. The publications are usually image and/or video recordings and the associated text (together Content or Posts).

The publications must be posted online for a certain period of time and/or a certain length (example Instagram Stories).

(g) Unless otherwise specified in the Collaboration Terms, the Creator must comply with the following conditions in all cases:

● The main personal account must be used.

● Content must be published on the Creator's social media profile within 3 days of purchase and receipt of the product/service at the latest.

● Proof of purchase must be uploaded within 3 days of purchase.

● The Creator agrees not to return any item purchased as part of a collaboration within the advertiser's applicable return periods.

● A Post/Reel must be online and publicly viewable for at least 48 hours from the time of publication.

● Postings may not be archived or deleted during this time.

● A story must be online for at least 24 hours and may not be archived or deleted during this time.

● Hashtags, tagging, captions and linking must be done according to the terms of cooperation.

● Only Photos, videos and music may be used of which the creator is the copyright holder

● The content may not have been published before the collaboration

● Content, especially image shots on Instagram, must comply in detail with the terms of cooperation and these GTC.

● Public social media profiles may not be set to private, but must remain publicly viewable from the time of participation in a Cooperation.

● The postings in connection with DANKS may only promote the advertising company. The creator may not advertise another company in the same posting. The Brand or its products/services must be the focus of the Posting and associated descriptions and tags.

● Image captures and social media stories (e.g. Instagram) as well as insights (i.e. analytical evaluation of a post on a social media channel must be sent to Almabros and/or the advertising company upon request.

● In the event of negative experiences with advertising companies, the Creator is required to first consult with Almabros.

(h) The terms and conditions of a campaign can be adjusted and/or modified in the DANKS app at any time by the advertising company.

If the terms of cooperation and these Terms & Conditions contradict each other, the provisions of the terms of cooperation shall take precedence.

(3) Compensation:

(a) From the terms of cooperation in the app, it can be seen which compensation the Creator receives in exchange for the fulfillment of the owed performance of a campaign. These may include, but are not limited to, the following compensation:

Cashback:

Creator receives cashback on the purchase amount listed in the cooperation terms upon fulfillment of the campaign.

Products and Services:

Creator will receive and may keep the Products listed in the Collaboration Terms upon fulfillment of the Campaign.

For services, Creator may use the services listed in the Terms of Cooperation to the extent described.

Vouchers and discount codes:

Creator shall receive the vouchers listed in the Terms of Cooperation as compensation upon fulfillment of the Campaign.

§ 4 Rights and duties of the contracting parties

(1) Creator is not allowed to delete any (stories excluded) content from their social media accounts before the expiration of the 48 hour period.

(2) Creators are not allowed to contact companies whose campaigns are listed on DANKS. All communication between Brand and Creator will take place through DANKS. This also applies if a Brand's campaign is listed on DANKS and the Creator does not apply or participate.

After successful termination of a cooperation, the Creator may not enter into any cooperation with the same company for 18 months, unless a new cooperation takes place via the DANKS platform. Creators and companies that have demonstrably already cooperated outside of DANKS at an earlier point in time are excluded from this regulation.

(3) If a Creator violates or disregards the Terms & Conditions or the terms of cooperation, Almabros reserves the right to exclude the Creator from the respective campaign. If a Creator is excluded, his claim to the remuneration specified in the terms of cooperation shall lapse.

(4) If Almabros learns of a violation of the General Terms and Conditions or the Terms of Cooperation only after the fact, Almabros reserves the right to reclaim the accrued remuneration from the Creator. In addition, a violation may also result in a claim for payment of shipping costs and coverage of possible damages.

(5) Almabros reserves the right to exclude Creator from the platform if the terms of cooperation or the Terms & Conditions are violated. Another reason for exclusion from the platform occurs if Creator publishes content on social networks that is not compatible with DANKS and/or (potential) advertising companies on the platform.

(6) The Creator cannot make a claim against Almabros for participation in a campaign.

(7) The Creator agrees to attach legally required markings to the Content prior to publication. In particular, the labeling as "advertising" is relevant.

The Creator has to make inquiries himself. The Creator expressly releases the advertising company and Almabros from possible obligations with regard to the labeling. Both Almabros and the advertising company are therefore not liable for any lack of labeling on the content.

Almabros recommends the following advertising labels. This is only a recommendation. No guarantee is given about the legal security of this recommendation.

● Put the word "advertising" or "advertisement" at the beginning of your posts.

● It must be clearly evident that the published posts are sponsored posts.

● #ad at the end of the posting is not sufficient

(8) The Creator acknowledges that links provided by DANKS or Brands may be tracking links that measure the number of clicks in relation to a Posting.

§ 5 Copyright and other ancillary copyrights

(1) The authorship of the Creator is acknowledged.

However, the Creator permanently waives his right of copyright designation.

(2) The Creator grants Almabros an exclusive, temporally unlimited right to use the created content including any text, image and/or film material. Excluded from the exclusivity is the right of the Creator to publish the posts created in the course of the campaign on his other social media channels. The Creator transfers to Almabros all rights of use and exploitation relating to the content, including the right of publication.

(3) Upon conclusion of the contract, the Creator confirms that it holds all rights to the content published in the course of a campaign - e.g. texts, photos, graphics, videos, texts or other materials. This applies in particular to copyright as well as all other ancillary copyrights, trademark rights, database rights and rights to one's own image. Almabros grants the Creator the right to use the advertised brand and/or the corporate trademark of the advertising company for the creation and publication of its content.

(4) The Creator allows Almabros to distribute sublicenses to the extent described to the advertising companies.

(5) The Creator is obligated not to make any insulting, inciting, pornographic or extremist statements.

(6) In addition, the Creator shall not use any photos, graphics, videos, texts or other materials in the production whose content or use could be punishable by law or otherwise violate criminal law. This includes in particular photos, graphics, videos, texts or other materials whose content is offensive, inciting, pornographic or extremist.

(7) Should the Creator violate any of the aforementioned obligations, Almabros reserves the right to withdraw from the contract. The Creator indemnifies Almabros from all claims of third parties based on a violation of his aforementioned contractual obligation. He will compensate Almabros for any damage caused by any culpable breach of the above obligations.

(8) Should a circumstance arise in which third parties (e.g. fire) have disseminated the Creator's contributions and the Creator has a right to delete the contributions, Almabros will endeavor to enforce this right. However, if the contributions are already in circulation, Almabros cannot guarantee the deletion of the contributions.

§ 6 Compensation

(1) The provision of the compensation by the advertising company to the Creator takes place individually, as specified in the campaign details.

(2) The Creator receives either a discount / cashback from the advertising company, a voucher, a free product or a free service as remuneration for his advertising service.

Beyond this, the Creator has no claim against Almabros or the advertising company for further remuneration or other services.

§ 7 Warranty

(1) The Creator agrees that he has no claim to the uninterrupted availability of the DANKS App. Interruptions or limitations of the online services of DANKS are possible, for example, to perform maintenance, bug fixes or updates.

Therefore, the Creator shall have no claim for failure if it cannot access the services of DANKS for any reasons.

(2) Advertisers have the right to make changes during the course of a campaign or to terminate the campaign early. In these cases, the Creator shall not be entitled to any default compensation.

(3) The statutory provisions apply to the rights in the event of material defects and defects of title, unless otherwise stipulated in these Terms & Conditions.

(4) Almabros assumes no liability for the accuracy of the information provided by the companies and the correct data collection through tracking links of the advertising company.

(5) The Creator undertakes that Almabros and advertising companies can use the Creator's created content without violating the rights of third parties.

§ 8 Liability

(1) Almabros shall only be liable in cases provided for by mandatory law, e.g. for intent and gross negligence as well as in the event of personal injury. However, Almabros shall only be liable for slight negligence in the event of a breach of material contractual obligations, as well as in the event of impossibility for which Almabros is responsible and in the event of default. The liability is limited to the damage typical for the contract, the occurrence of which Almabros had to expect at the time of the conclusion of the contract based on the circumstances known at that time. In addition, Almabros shall be liable without limitation for damages for which mandatory statutory provisions, such as the Product Liability Act, provide for liability. The Creator is required to indemnify the advertising company for any damages arising in connection with the campaign and compensation.

(2) Almabros is not liable for damages that occur in connection with the use of a counter service.

(3) We shall only be liable for loss of data in accordance with the above paragraphs and only if such loss could not have been avoided through reasonable data backup measures on the part of the Creator.

(4) The limitations of liability also apply analogously to the vicarious agents of Almabros.

(5) Almabros is not liable for the lack of labeling of the delivered content as advertising or continuous advertising.

(6) The Creator is liable to Almabros for violations of its obligations under this contract.

(8) Unless otherwise agreed, the statutory limitation periods apply.

§ 9 Confidentiality

(1) The Creator undertakes to maintain confidentiality about all campaigns listed on DANKS, including all information published by the advertiser on DANKS.

In particular, this provision applies to the dissemination of campaign information on the Internet and social networks.

(2) However, the Creator is allowed to recommend DANKS to other persons.

(3) The following points are excluded from the obligation of silence:

a) Information that was already known to the Creator before the registration with DANKS.

b) Information which the Creator has received from third parties about the Brand after the registration.

c) Information generally known to the public about the advertising company.

(4) Culpable violations of these regulations may result in the payment of damages.

§ 10 Notes on data processing

(1) Almabros collects data of the Creator within the scope of the campaign and the provision of the DANKS platform. Without the Creator's consent, inventory and usage data will only be collected, processed or used insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the consent of the Creator, Almabros will not use data of the Creator for purposes of advertising, market or opinion research. However, the Creator hereby agrees that Almabros may collect data on the Creator's location (so-called geolocation data) and send the Creator marketing materials, e.g. newsletters, to the Creator's contact data stored with DANKS either directly or through vicarious agents.

(3) In all other respects, reference is made with respect to the Creator's consents and further information on data collection, processing and use to the Privacy Policy, which is available in printable form on the DANKS website at all times.

§ 11 Final Provisions

(1) Contracts between Almabros and the Creator shall be governed exclusively by Swiss law. Contract language is exclusively German.

(2) The place of jurisdiction for all disputes arising from contractual relationships between the Creator and Almabros is Zurich.

(3) Should individual provisions of these Terms & Conditions be invalid in whole or in part, this shall not affect the validity of the remaining Terms & Conditions. The invalid points shall be replaced by the statutory provisions, if any.

Brand Terms & Conditions

§ 1 General

(1) These General Terms and Conditions apply to all business relationships with advertising companies (Brands). Business relationship can be concluded via the DANKS website, e-mail, in person or by telephone. Contracts between Almabros and the Brand shall only be concluded if the Brand is an entrepreneur, a legal entity under public law or a special fund under public law.

(2) Brands can create campaigns via the DANKS website. Almabros transfers these campaigns to its app. Users of the app (creators) have access to the created campaigns and can participate in the campaigns with the consent of the cooperation conditions. In case of successful participation, a Creator will promote the Brand via Social Networks.

§ 2 Registration, Use, Account

(1) In order to use DANKS, the Brand must create an account on the DANKS website.

(2) Brands are obliged to provide truthful information when registering.

(3) The Brand is not entitled to transfer its account to third parties.

(4) The brand is responsible for the behavior of its employees.

(5) The Brand is solely responsible for the security of its password. It is not permitted to pass it on to third parties. Employees and possible cooperation partners (e.g. agencies) are excluded from this regulation. If the password has become known to third parties, the Brand is obliged to change its password immediately.

(6) The Brand is obligated to comply with and acknowledge the rules laid down for each use of DANKS. In case of violation of these rules, the Brand may be excluded from the use of DANKS with immediate effect. In addition, Almabros reserves the right to assert claims for damages.

(7) The Brand agrees not to transmit any content containing viruses, Trojans or other programming that may damage the DANKS system. In case of violation, the Brand will be immediately excluded from the participation of DANKS. It will compensate Almabros for any damage incurred by Almabros as a result of any culpable violation of the above obligations.

(8) The Brand undertakes not to disseminate any advertising or inaccurate warnings of viruses, malfunctions and the like or to invite participation in sweepstakes, snowball systems, chain letters, pyramid games and similar campaigns.

(9) After creation, the Brand can have his/her account deleted at any time. It shall inform Almabros in writing of its wish to delete the account. The deletion will be carried out within fourteen days.

§ 3 Conclusion of contract, description of services

(1) An effective contract is only concluded if the Brand is an entrepreneur, a legal entity under public law or a special fund under public law.

If Almabros is commissioned by a consumer, Almabros reserves the right to revoke the acceptance within 14 days of becoming aware of the consumer status.

(2) The Brand may publish campaigns via the DANKS platform. The aim is for Creators to apply to the campaigns and use their reach to promote the Brand via social media. In return, the Creators receive a product, service, voucher or discount from the Brand.

(3) The Brand creates a campaign on the DANKS website. The Brand can decide whether to run a standard campaign or an expert campaign. Almabros reserves the right to limit the offer of expert campaigns at any time and without giving reasons.

1. a) Standard campaign: A selection process does not take place. Every Creator who meets the cooperation conditions (age, gender, location, number of followers, etc.) and applies to the campaign will be accepted to the campaign.

The Brand specifies a campaign budget and / or campaign duration. The campaign remains online until the campaign budget is used up or the campaign duration has been exceeded.

2. b) Expert campaign: A selection process takes place. Creators who meet the cooperation conditions can apply to the campaign. The Brand has an overview of the current applications on the DANKS website and can accept or reject the application of a Creator depending on its decision. If the Brand does not respond to an application within 10 days, it will be automatically accepted.

(4) In the course of the campaign creation, the Brand shall determine, among other things, the following terms of cooperation:

- Private / Public Profile

- Minimum number of followers

- Minimum age/maximum age

- Participant Gender

- Participant's place of residence

- Requirements (e.g. sports enthusiast, student)

- Brand information (optional website and social media links)

- Cooperation content and expectations

- Compensation: Cashback, voucher for a service or product of the brand

- Cooperation rules

- General cooperation guidelines of DANKS

- Number and format of content (2 stories, 1 post, etc.)

- Tagging (mentions)

- hashtags

- Location (Tagging)

(5) The Brand agrees to provide the Creator with all information necessary to fulfill the Campaign and to describe it as accurately as possible. The aim is to avoid misinterpretations and possible disputes regarding the execution of the campaign objectives.

(6) The Brand can either enter coupon codes in the campaign creation process, which DANKS will pass on to the participating Creators, or send products manually. If the Brand ships the products manually, it will receive the shipping addresses of Participating Creators from Almabros.

(7) The creation of the campaign is considered a binding contract offer.

1. a) After receipt of the offer, Almabros will check whether the desired campaign is feasible. In particular, Almabros reserves the right to reject the campaign without giving reasons. In such a case, a notification will be made that the commissioned campaign cannot be produced.

2. b) If Almabros has come to the conclusion after reviewing the offer that the desired campaign can be permitted, the offer of the Brand will be published in the DANKS App.

(8) If a Creator participates in a campaign, the fees for it will be due. The currently applicable fees are visible on the DANKS website when the campaign is created and are deemed contractually binding upon creation. The fee will be settled after the end of the campaign on the basis of the sales achieved.

(9) The Brand can stop the inclusion of new participants in a campaign at the end of each day. Even before the target budget has been reached. Binding occurs when the Creator has purchased the product or service and uploaded the proof of purchase.

(10) Objections to the created post must be made to Almabros within one week after publication. If the Brand does not raise any objections within this period, the created Post shall be deemed accepted after the expiry of the period.

(11) After successful execution of a campaign, the Brand may not enter into a cooperation relationship with the Creator outside the platform of DANKS for the next 18 months.

(12) If the Brand enters into a cooperation relationship with a Creator outside of DANKS after the Creator has applied to the Campaign on DANKS, the Brand shall pay a penalty per Creator of 500% of the Creator's costs. At the maximum this amount can reach 5000 sFr.

(13) As soon as a Creator participates in a Campaign, the respective cooperation with the Creator can no longer be cancelled and the cooperation is subject to a fee.

The Brand agrees to provide the Creator with its reward. If the Brand does not send the rewards to the Creator within 20 days or intentionally, 70% of the projected costs will be due as a cancellation fee and the campaign will be terminated.

§ 4 Copyright

(1) The Brand may acquire the rights to use the content of the Campaign in the course of the Campaign creation.

In doing so, the Brand must name the author in an appropriate manner in each case.

Almabros assures that it may dispose of all transferable rights to the content.

(2) The Brand shall transfer to Almabros a non-exclusive right of use to the respective trademark or company logo as well as to all other intellectual property rights. The Brand confirms to Almabros upon conclusion of the contract that Almabros may dispose of all industrial property rights and intellectual property rights related to the Brand.

The Brand expressly indemnifies Almabros from any existing claims of third parties in this regard. This right of use is limited in terms of time and content to the duration of the campaign and its publication on the Creator's social media channels. Almabros is entitled to grant the producing Creator a corresponding sublicense for this purpose.

§ 5 Remuneration and commission

(1) Unless otherwise agreed, the Brand shall pay on the basis of the sales generated by a campaign. As a standard, Almabros only charges for the services rendered. The currently valid turnover fees can be taken from the campaign creation.

(2) The prices set by Almabros are net (excl. VAT).

(3) Campaign methods:

1. automatic acceptance. All users who meet the specifications specified by the brand will be accepted when applying for the respective campaign.

2. manual acceptance: The Brand receives applications from Creatorn. The brand can view the applications in the application dashboard on the DANKS website. If the brand accepts an application in the application dashboard, the respective creator is activated for the campaign.

Almabros reserves the right to restrict the option for manual acceptance via the application dashboard without giving reasons.

(4) Almabros will show the Brand the estimated results and associated costs of the Creator.

This is an estimate. Results may vary.

(5) For cashback campaigns, Creator compensation will be billed in advance based on estimated results prior to the start of the campaign. The final settlement including the sales fees for the use of the platform will be made after the end of the campaign. Any overpayments will be refunded in full.

For all other types of campaigns, invoicing shall take place after the end of the campaign or once a month.

(6) The maximum budget of a campaign can never be exceeded, in case of doubt services that exceed the campaign budget are free of charge.

§ 6 Warranty

(1) The Brand agrees that it has no right to the uninterrupted availability of the DANKS website. Interruptions or limitations of the online services of DANKS are possible, for example, to perform maintenance, bug fixes or updates.

Therefore, Brand shall have no claim for damages if it is unable to access the services of DANKS for any reason.

(2) Brand's rights of rescission in case of material defects and defects of title are hereby excluded, unless they are mandatory by law.

(3) Almabros warrants the agreed content of the published postings.

If the content of the Posting corresponds to the specifications and descriptions provided by the Brand, the Brand may not refuse acceptance of the Posting, unless the Posting deviates significantly from the original order and only complaints regarding the appearance of the Posting exist that do not concern the agreed quality. This is particularly the case if the Brand has not made any specifications in its offer regarding the parts of the Post that are the subject of complaint.

(4) If defects occur, the Brand is required to notify Almabros within 7 days after the publication of the Post. The aim is to quickly correct the published posting.

§ 7 Liability

1) Almabros is only liable in the case provided by mandatory law, e.g. for intent and gross negligence as well as in the case of personal injury. However, Almabros shall only be liable for slight negligence in the event of a breach of material contractual obligations, as well as in the event of impossibility for which Almabros is responsible and in the event of default. The liability is limited to the damage typical for the contract, the occurrence of which Almabros had to expect at the time of the conclusion of the contract based on the circumstances known at that time. In addition, Almabros shall be liable without limitation for damages for which mandatory statutory provisions, such as the Product Liability Act, provide for liability.

(2) Almabros is not liable for damages that occur in connection with the use of a counter service.

(3) Almabros is only liable for loss of data in accordance with the preceding paragraphs and only if such loss could not have been avoided through reasonable data backup measures on the part of Brand.

(4) The limitations of liability also apply analogously to vicarious agents of Almabros.

(5) Almabros is not liable for the lack of identification of the delivered content as advertising or permanent advertising. The brand hereby expressly releases Almabros from any obligation resulting from a missing labeling.

(6) Almabros shall have no further liability.

Almabros is not liable for content created by the Brand or the Creator, provided Almabros does not make this content its own by passing it on to third parties.

(7) If the Brand sends products or other items to the Creator in the course of the campaign implementation, the Brand shall be solely liable for the condition of the items sent.

Almabros assumes no liability and no warranty with regard to the shipment and the quality of the product/service of the Brand.

(8) Unless otherwise agreed, the statutory limitation periods apply.

§ 8 Customer reference

(1) Unless otherwise agreed or the Brand does not expressly object, the Brand agrees upon conclusion of the contract to serve as a reference for Almabros.

The references may be presented in digital as well as in non-digital form. Almabros may use both the company name of the Brand and the logo as well as publicly known information such as the industry when displaying the reference.

(2) The Brand may have the reference removed at any time. Almabros will carry out the removal of the reference within 20 days.

§ 9 Confidentiality

(1) The Brand undertakes to maintain confidentiality about all information published on DANKS. Especially about information of prices and data of participating Creatorn.

In particular, this provision applies to the dissemination of information on the Internet and social networks.

(2) However, the Brand is allowed to recommend DANKS to others.

(3) The following points are excluded from the obligation of silence:

1. a) Information that was already known to the Brand before registering with DANKS.

2. b) Information that the Brand has received from third parties about the Creator after the registration.

3. c) Information generally known to the public about a participating Creator.

(4) Culpable violations of these regulations may result in the payment of damages.

§ 10 Notes on data processing

(1) Almabros collects data of the Brand in the context of the processing of contracts. In doing so, Almabros particularly observes the provisions of the Basic Data Protection Regulation.

Without the consent of Brand, inventory and usage data will only be collected, processed or used insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the consent of Brand, Almabros will not use data for purposes of advertising, market or opinion research.

(3) Details can be found in the data protection regulations of DANKS at any time.

§ 11 Final Provisions

(1) Contracts between Almabros and the Brand are governed exclusively by Swiss law. Contract language is exclusively German.

(2) The place of jurisdiction for all disputes arising from contractual relationships between Brand and Almabros is Zurich.

(3) Should individual provisions of these Terms & Conditions be invalid in whole or in part, this shall not affect the validity of the remaining Terms & Conditions. The invalid points shall be replaced by the statutory provisions, if any.

DEFINITIONS

"Campaign"

Publicly viewable cooperation offer of the advertising company to all users (Creator) of the DANKS app that meet the campaign conditions.

"Creator" - Advertisers, bloggers, video makers and other individuals or companies who post on social media channels, where Creators can be both consumers and entrepreneurs.

"Brands" - advertiser companies that post campaigns on DANKS.

"Posting" - publishing content (images, videos, texts, etc.) on social media.

"Social Media" - Social networks. Mainly Instagram, Facebook & TikTok.

How can you contact us regarding this notice?

If you have any questions or concerns about privacy, please contact us.

info@almabros.com
Almabros GmbH
Renggerstrasse 93
8038 Zürich, Switzerland