General Terms and Conditions (GTC)Terms of Service & Privacy Policy – 25. Jan 2021
§ 1 Parties and applicability
These Terms of Service (ToS) apply to all contractualrelations of ChurchCurator, owned by Andreas Schwarzkopf(ChurchCurator), with all physical and legal persons (users), regardingthe web service ChurchCurator (§2), even if access to this service isfrom outside the Federal Republic of Germany.
Conflicting or differing terms and conditions are not recognized untilthey are in written form and approved in writing by ChurchCurator.
These Terms of Service apply to all users with exception of rules thatapply specifically restricted to defined users or user groups.
These Terms of Service (ToS) apply to all contractualrelations of ChurchCurator, owned by Andreas Schwarzkopf(ChurchCurator), with all physical and legal persons (users), regardingthe web service ChurchCurator (§2), even if access to this service isfrom outside the Federal Republic of Germany.
Conflicting or differing terms and conditions are not recognized untilthey are in written form and approved in writing by ChurchCurator.
These Terms of Service apply to all users with exception of rules thatapply specifically restricted to defined users or user groups.
§ 2 ChurchCurator Platform
(2.1) Service description–ChurchCurator operates a web based software platform located atwww.church-curator.com which assists in administrating churches,church groups and church members (ChurchCurator platform).
(2.2) Churches–Through a physical person (administrator), churches can create a newchurch account on the ChurchCurator platform. At the same time theycreate an user account for this administrator. Every church caninvite more users to the platform; these users then gain access totheir profile under the churches account.The church utilizes the ChurchCurator platform in order toadministrate its data, most notably the church members profile data.
The church is responsible and liable for the data used, stored andaccessed under the churches account. ChurchCurator just offersthe platform and only stores a minimal set of data (see the privacypolicy) of its users for itself.It mainly is a tool provided for churches and the church is liableto comply with data protection and privacy laws.
The church is responsible and liable for the data used, stored andaccessed under the churches account. ChurchCurator just offersthe platform and only stores a minimal set of data (see the privacypolicy) of its users for itself.It mainly is a tool provided for churches and the church is liableto comply with data protection and privacy laws.
(2.3) Administrator–The administrator guarantees to be entitled to represent the churchfor which he creates an account - irrespective of its legalappearance. On demand he has to proof the authority to representthe church. Every administrator is at the same time a user of theChurchCurator platform.
(2.4) Contractual relationships–Based on these terms of service a contract betweenthe church, represented by the administrator, and ChurchCurator isconcluded, with the contents of creating and operating a churchaccount on www.church-curator.com against payment.Furthermore an independent contract between every user who accepts aninvitation for participation in the ChurchCurator platform andChurchCurator is concluded, with the content to use the platformin compliance with these terms of service.Additionally a third contract is concluded between the church andthe invited user, with the content to administrate the users profiledata in compliance to these terms of service.The church is solely liable to comply with local government rules ondata privacy and protection.
(2.5) User–The usage of the ChurchCurator platform is always scoped under thechurch account and requires an invitation by the administratorsrepresenting the church. There is no entitlement to participationfor the ChurchCurator platform. Every user is supposed to convincehimself of the identity of users, the church and any other data heinteracts with. It can not be ruled out, that for other user accountswrong contact data or otherwise malformed data was provided.
(2.6) User content–Every user is responsible for data and contents he stores, requests ormakes accessible to third parties via the ChurchCurator platform.Illegal, inappropriate, violent and/or discriminating content may notbe made accessible via or saved on the ChurchCurator platform.Churches are responsible for the data under their church account.In particular churches undertake efforts to save and backup data ofthe church account on a regular basis. ChurchCurator cannot be heldliable for any kind of data loss.
(2.7) Obligations of users–Users are expected to interact in a considerate and appropriate wayamongst each other, towards the church and ChurchCurator.Users who do not possess (full) legal capacity need the consent oftheir legal representative. This consent must be presented in awritten form on demand.Users may not abuse their access to the ChurchCurator platform inany way. Users have to protect their personal access data from beingused by third persons and must take care to not make these credentialsaccessible to others.
(2.8) ChurchCurator–In case of non-compliance or in case of a reasonable suspicion ofnon-compliance with these terms of service, ChurchCurator is entitledto disable user or church accounts temporarily or permanently, orcompletely remove these accounts from the ChurchCurator platform.ChurchCurator reserves the right to exclude removed users permanentlyeven by the use of technical precautions and filters.ChurchCurator will warn and set a reasonable deadline before removinga user from the platform, unless in severe cases, where it is notreasonable for ChurchCurator to continue the service.ChurchCurator constantly makes effort to provide the continuousavailability of the service, except for usual downtimes likemaintenance work or software upgrades for example.In case ChurchCurator is on a given month less than 90% of thetime available and is liable for this service interruption,ChurchCurator will reimburse the payments proportionally to theinterruption rate.
(2.9) Profile deletion–A user can update a profile on its own any time. An administratorcan add additional data and administrate the profile as well.A complete deletion of the whole record may be necessary based ona users request based on local laws and has to be performed by thechurch.A user may revoke his registration on the ChurchCurator platform atany time. A church may remove a users account at any time.
§ 3 Exclusion of liability
Liability is not excluded for the either grossly negligent or wilfulcausing of any damage event or personal injury andit is not excluded for a grossly negligent breach of our duty(like not providing the service for the guaranteed time) or corecomponents of it, no matter if it is caused by ChurchCurator, its legalrepresentatives or vicarious agents.Liability beyond the cases of paragraph (1) is excluded. ChurchCuratormay not be held liable for damage due to force majeure, riots, war andnatural disasters or other circumstances which lie outside its sphereof influence (e.g. strike, lockout, traffic disruptions, orders fromhigher authorities).In particular ChurchCurator may not be held liable for the loss of dataor enforcement of local data protection and privacy laws which is thetask of the churches, which are using the platform.
Liability is not excluded for the either grossly negligent or wilfulcausing of any damage event or personal injury andit is not excluded for a grossly negligent breach of our duty(like not providing the service for the guaranteed time) or corecomponents of it, no matter if it is caused by ChurchCurator, its legalrepresentatives or vicarious agents.Liability beyond the cases of paragraph (1) is excluded. ChurchCuratormay not be held liable for damage due to force majeure, riots, war andnatural disasters or other circumstances which lie outside its sphereof influence (e.g. strike, lockout, traffic disruptions, orders fromhigher authorities).In particular ChurchCurator may not be held liable for the loss of dataor enforcement of local data protection and privacy laws which is thetask of the churches, which are using the platform.
§ 4 Changes of these Terms of Service
These ToSDiese ToS are binding in their most recent version. Changes getannounced publicly and in a well suited way on the web pagewww.church-curator.com giving sufficient time for users to get updated,before taking effect.
These ToSDiese ToS are binding in their most recent version. Changes getannounced publicly and in a well suited way on the web pagewww.church-curator.com giving sufficient time for users to get updated,before taking effect.
§ 5 Applicable law / place of jurisdiction
The contractual relationship between ChurchCurator and it users and/orthe churches is solely subject to the law of the Federal Republic ofGermany, under exclusion of the UN sales law.In case the parties are able to prorogate, for legal disputes betweenChurchCurator and its users, the registered office of the ChurchCuratoris also the agreed place of jurisdiction. ChurchCurator is stillentitled to sue the user at his place of residence.
The contractual relationship between ChurchCurator and it users and/orthe churches is solely subject to the law of the Federal Republic ofGermany, under exclusion of the UN sales law.In case the parties are able to prorogate, for legal disputes betweenChurchCurator and its users, the registered office of the ChurchCuratoris also the agreed place of jurisdiction. ChurchCurator is stillentitled to sue the user at his place of residence.
§ 6 Privacy Policy
(6.1) ChurchCurator stores for each user in a technical user accountrecord only the e-mail address which was used by the church in orderto invite the user, the users password and his association to thechurches account.
(6.2) Additional data, like for instance the profile data, which ismaintained by the church or which is provided by the user for thechurch, is processed by the church, which is just using theinfrastructure and services of the ChurchCurator platform.
(6.3) ChurchCurator utilizes the AWS service provided by the companyAmazon for its data storage. The computational processing of the datatakes place on Amazon servers as well and is located inside theEuropean Union. All data connections are SSL encrypted.
(6.4) Google Analytics – The website www.church-curator.com uses Google Analytics, a web analyzation service byGoogle Inc. („Google“). Google Analytics uses so called. „Cookies“,small text files, that are stored on the users computer.The informations stored by these cookies allows google to analyze theusage and browsing patterns on the website and usually this datais sent to and stored on Googles servers in the USA.Google uses this information in order to create reports on how thewebsite gets used. The data that gets transmitted does not containuser data. The technical IP address that gets transmitted by theusers browser does not get combined with other data from Google.The user may prevent his browser from using cookies by makingappropriate settings; but we point out, that in this case we maynot be able to provide a working version of ChurchCurator assuch settings might affect different parts of the software.By using the ChurchCurator website the user agrees that Googleprocesses the mentioned data in the above described way.
(6.5) Mobile App. We publish a ChurchCurator Android Appvia GooglePlayStore and and iOS App via Apples App Store.The App itself is built with Expo.js and uses the "Expo PushNotification System". The push notifications are technicallytransmitted to Expos servers for delivery. Other than that,the App has no other benefit. You may choose to not use it at all.No additional data is stored on ChurchCurators servers exceptfor the push token. Expos terms may change in the future, butaccording to their terms of service the push notificationsare not stored permanently and only travel their systems fordelivery.Using Google Playstore and the Apple App Store may makepersonal data available to those companies, depending on how youaccess their systems. We have no influence on those stores.
§ 7 Salvatoric clause
Should any part of this agreement be invalid for any reason, it is tobe replaced with a corresponding text, which is valid and equivalent tothe intended meaning. The rest of the agreement shall remain unaffectedand valid.The parties undertake to replace the invalid clause with a valid clausecoming closest to the original, but invalid clause.
Should any part of this agreement be invalid for any reason, it is tobe replaced with a corresponding text, which is valid and equivalent tothe intended meaning. The rest of the agreement shall remain unaffectedand valid.The parties undertake to replace the invalid clause with a valid clausecoming closest to the original, but invalid clause.
§ 8 Revocation instructions
The following provisions will be applicable to the user as consumer inthe sense of the law (§ 13 German Code of Civil Procedure):
The following provisions will be applicable to the user as consumer inthe sense of the law (§ 13 German Code of Civil Procedure):
(8.1) Right of revocation–You can revoke your contractual declaration within 14 days in writing(e.g., letter, fax, e-mail) without stating reasons.The withdrawal period starts when this information is received inwriting, but not before contract agreement and also not before ourobligation for information according to art 246 § 2 in connection with§ 1 par. 1 and 2 EGBGB (Introductory Act to the German Civil Code) aswell as our obligation according § 312g par. 1 sentence 1 (German CivilCode) in connection with art. 246 § 3 EGBGB (Introductory Act to theGerman Civil Code) is fulfilled.To observe the revocation period it is sufficient to send off therevocation in time.The revocation must be sent to: Andreas Schwarzkopf,Alois-Funk-Str. 7, 63457 Hanau, Deutschland.
(8.2) Consequences of revocation–In the case of an effective revocation the mutually received benefitsare to be returned and if so derived profits are to be returned.In case you are unable to reimburse us either in total or partially forservices received, you are required to offer a compensation of equalvalue.This may result in you nevertheless having to satisfy the contractualpayment obligations for the period up until revocation.Duties for the compensation of payments must be fulfilled within 30days. For you, the period begins on submission of the revocationand for us upon receipt of the same.
(8.3) Special notes–Your right of revocation shall expire prematurely if the agreement, atyour express request, has been executed in full by both parties priorto your exercising your right of revocation.
End of revocation instructions.
