§ 1 Scope and User Groups Covered
(1) Customers of Activento GmbH, Kolonnenstraße 8, 10827 Berlin, Germany (“Activento”) are organisers and providers who use the Activento platform on the basis of their own contract with Activento (“Operators”). An Operator may invite further persons to use the platform within its account. These terms of use apply to the persons so invited (“invited users”).
(2) Invited users within the meaning of these terms are in particular:
- employees and agents of the Operator (e.g. team members such as office staff, guides, drivers) who work via their own access within the Operator’s account, and
- resellers and affiliates of the Operator (e.g. hotels or local partners) who create or broker bookings for the Operator via a partner access and view their statements. Not covered are sales partners who refer new Operators to Activento. A separate sales partner agreement with Activento applies to them.
(3) The access is free of charge for the invited user. Activento’s contractual partner for the use of the platform is and remains the Operator; the General Terms and Conditions of Activento (“Terms”) apply to its contract. These terms of use govern exclusively the usage relationship between Activento and the invited user. In the relationship between Activento and the Operator, the Terms prevail over these terms of use; the invited user does not acquire any claims of its own under the contract between Activento and the Operator.
(4) The access is used within the scope of the invited user’s professional or business activity for the Operator.
§ 2 Relationship to the Operator
(1) The invitation, the assignment of roles and permissions and the withdrawal of access are the Operator’s concern. The Operator determines which areas and data the invited user can see and edit.
(2) The legal relationship between the invited user and the Operator, in particular employment, engagement, commission and remuneration arrangements, is exclusively a matter between these two parties. Activento does not become a party to these legal relationships, does not owe any remuneration to invited users and is not liable for arrangements between the Operator and its employees, resellers or affiliates.
(3) Settlement and commission values displayed in the platform (e.g. in the reseller area) reflect the platform’s data state; only the arrangement between the invited user and the Operator is binding.
(4) The data and content in the Operator’s account, including content that the invited user creates or edits via its access, are assigned to the Operator’s account. The Operator may view, change, export and delete this content within the scope of its permissions; the invited user acknowledges this.
§ 3 Access, Credentials and Account Security
(1) The access is personal and non-transferable. Credentials must be kept secret and may not be passed on to third parties, including other employees of the Operator. Each person uses exclusively their own access.
(2) The invited user chooses a secure password and, at first sign-in, sets up the two-factor authentication that the platform requires for every account.
(3) If there is reason to suspect that credentials have become known to third parties or that the access is being misused, the invited user changes their password without delay and informs the Operator or Activento.
§ 4 Permitted Use and Purpose Limitation
(1) The invited user may use the platform exclusively for their tasks within the scope of their activity for the Operator. Use for the development, support or marketing of a product competing with the platform or for systematic competitive analysis on behalf of third parties is prohibited.
(2) Also prohibited are automated access to the logged-in area, scraping and the systematic mass extraction of content or data, except for the use of the interfaces and export functions documented by Activento within the scope of the permissions granted by the Operator.
(3) Non-public information about the platform (e.g. beta functions and the Operator’s individual conditions) and business and customer data of the Operator that become accessible to the invited user via the platform must be treated confidentially and used only within the scope of the activity for the Operator. Further confidentiality obligations towards the Operator remain unaffected.
(4) Access is logged; Activento reserves the right to take technical measures to detect automated or systematic access.
§ 5 Suspension and Termination of Access
(1) The Operator may withdraw or restrict the invited user’s access at any time without stating reasons; Activento has no influence on this.
(2) Activento may temporarily suspend or permanently terminate the access if there are concrete indications of a violation of these terms of use, of a threat to the security or integrity of the platform or of abusive use. Where reasonable, the Operator is informed in advance; the measure is designed proportionately.
(3) The access ends at the latest with the end of the contract between Activento and the Operator. The invited user has no claim to the continuation of the access.
§ 6 Data Protection
(1) Information on the processing of personal data in connection with the login and the use of the platform is contained in the platform’s privacy policy.
(2) Master, deployment and settlement data that the Operator processes about the invited user in the platform (e.g. working times, wage and commission data) is processed by Activento on behalf of the Operator; the Operator is the controller under data-protection law in this respect. Data subject rights concerning this area must be asserted against the Operator; requests received by Activento are forwarded to the Operator.
§ 7 Availability and Changes to the Platform
(1) The functional scope of the access is determined by the Operator’s contract with Activento and the permissions granted by the Operator. The invited user has no claim of their own to particular functions, a particular availability or the continuation of individual functions.
(2) Activento may develop and change the platform at any time; in this respect only the contractual relationship with the Operator is decisive.
(3) All rights in the platform, its software, its databases and its designs remain with Activento or its licensors. Beyond the contractual use of their access, the invited user acquires no rights in the platform.
§ 8 Liability
(1) Activento is liable to the invited user without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health and under the German Product Liability Act.
(2) Otherwise Activento is liable, taking into account that the access is free of charge, in the case of slight negligence only for the breach of material obligations whose fulfilment makes the proper use of the access possible in the first place and on whose observance the invited user may regularly rely, and limited in amount to the damage typically foreseeable for the contract.
(3) If the invited user culpably violates these terms of use, they are liable under the statutory provisions. Any claims of Activento against the Operator under the Terms remain unaffected.
§ 9 Changes and Final Provisions
(1) Activento may change these terms of use with effect for the future if and to the extent this is necessary to implement changed statutory requirements or decisions of authorities or courts, to reflect changes to the platform under § 7, or to correct obvious errors. First use of the access requires express acceptance of these terms of use. A changed version is notified to the invited user and presented in the dashboard for express consent; it takes effect only with that consent. Neither the invited user’s silence nor continued use of their access counts as consent.
(2) The invited user has at least six weeks from the notification to decide. Until consent is given, including after expiry of that period, the version last accepted by them continues to apply unchanged; their access remains fully in place and is neither restricted nor blocked because a consent is outstanding. A notice about an outstanding consent can be dismissed permanently. After the period expires, Activento may end the access in text form with 30 days’ notice if continuing under the version last accepted is not appropriate; § 5 remains unaffected.
(3) The law of the Federal Republic of Germany applies. Mandatory protective provisions of the state in which the invited user has their habitual residence remain unaffected.
(4) Should individual provisions of these terms of use be or become invalid, the validity of the remaining provisions remains unaffected.
(5) Translations of these terms of use are for information only. The German version alone is authoritative.