Terms and Conditions

1. Preamble

Datapods GmbH (hereinafter “Datapods”) provides the user (hereinafter “User”) with the Datapods App, a free data management application (hereinafter “Datapods App”) with which the User can manage his/her personal data with third-party companies. In accordance with the following terms and conditions, the Datapods app offers the services listed in section 3 and, in particular, the following benefits:

• Overview of all personal data from third-party companies in one app;
• Automated overview with deeper insight into this data;
• With explicit consent, the transfer of this data in return for appropriate remuneration.

Our mission with Datapods is to provide an app that enables every user to regain control over their personal data, analyze it conveniently and gain valuable insights. This allows users to unlock the full potential of their data and, if they wish, participate in the value creation processes with this data.

Datapods places the highest value on data security and data protection and works in accordance with the strict requirements of the European General Data Protection Regulation (GDPR) and high security standards. You can find out more in the Privacy Policy for the Datapods App, which can be viewed at https://www.datapods.app/privacy-policy-app.

2. General information and scope of application

2.1 Datapods shall provide services to users of the Datapods application in accordance with these Terms and Conditions.

2.2 If Datapods offers the services offered to the User jointly with partner companies or procures services from partner companies (see section 7), additional terms and conditions of these partner companies shall apply where applicable.

2.3 The Terms and Conditions shall apply exclusively. Any terms and conditions of the User that conflict with or deviate from these Terms and Conditions shall only become part of the contract if they are consistent with the content of these Terms and Conditions or have been expressly acknowledged by Datapods in writing. This shall also apply if Datapods provides services without reservation in the knowledge of conflicting or deviating terms and conditions of the User.

3. Services of the Datapods App

The services of the Datapods App are as follows:

• Initial and ongoing retrieval of personal data from third-party companies;
• Comprehensive data analyses based on the personal data in the Datapods App;
• Brokering contracts with cooperation partners to share data for an appropriate remuneration;
• Providing support for customers to answer users' questions in accordance with these Terms and Conditions and the separate Privacy Policy.

4. Carrying out data analysis

A prerequisite for using the services of the Datapods App is the analysis of the User's personal data, which is stored and processed at third-party companies (hereinafter referred to as ‘Data Analysis’). Data analysis is carried out in accordance with the following points:

4.1 The necessary data for the data analysis from the user account (in particular regular usage data, shopping baskets, location data, search histories) can be accessed via the company's own interfaces for the exercise of data subject rights under the GDPR and due to other legal bases (hereinafter ‘’Data Interfaces‘’).

4.2 In order for the data to be accessed via these Data Interfaces, the User must first authenticate himself as the user account holder with his login data (e.g. account name and password) and, if necessary, additional information to the Data Interface. Then, depending on the company in question, the company's personal data relating to the User is transmitted.

4.3 Datapods structures and categorises the relevant user data from the transmitted raw data. Categorisation means that the different raw data are assigned to data categories in such a way that they can be displayed in the app.

4.4 The use of the Datapods App requires that the user expressly accepts the Terms and Conditions prior to authentication with a company account and has had the opportunity to take note of the separate Privacy Policy (https://www.datapods.app/privacy-policy-app).

5. Access and availability

5.1 In order to use the Datapods App, the User must have a user account with an interface-enabled third-party company and be of legal age and have legal capacity.

5.2 The provision of the services of the Datapods App also requires the authentication of the User to the Data Interface. For this purpose, the User must know its authentication data (see section 4.2).

5.3 Datapods shall be authorised to change or modify the services of the Datapods App in accordance with section 14.2 of the Terms and Conditions.

5.4 Datapods shall endeavour to make the Datapods App available without interruptions. However, no liability can be accepted for temporary unavailability of the Datapods App. Datapods may temporarily restrict availability if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical maintenance or repair measures and this serves the proper or improved provision of the services (maintenance work). In these cases, Datapods shall take into account the legitimate interests of the users, e.g. by providing advance information. The liability of Datapods due to fault in accordance with section 12 shall remain unaffected.

6. Conclusion of contract

6.1 By registering a user account after downloading the Datapods App, the User submits a binding offer to conclude a contract for the processing of their data and the provision of the services of the Datapods App in accordance with these Terms and Conditions and the separate Privacy Policy for the Datapods App by Datapods.

6.2 Datapods does not store any contractual texts or keep them permanently available for the user to retrieve.

7. Offering and brokering data licence agreements in cooperation with partner companies

7.1 Datapods uses the Datapods App to broker data licence agreements in cooperation with partner companies, such as the transfer of individual pseudonymised data categories in large data packages. Datapods reserves the right to expand or restrict the brokerage services offered at any time in accordance with section 14.2.

7.2 The contracts for the data usage licence are concluded with the partner companies. Datapods shall merely broker the contract, unless Datapods expressly acts as the contractual partner.

7.3 The rights and obligations of the User in relation to the brokerage services are set out in the separate contractual terms and conditions in relation to the data usage licence, which are agreed with the respective Partner Company. The contractual terms and conditions shall be made available to the User within the Datapods App prior to the conclusion of a contract and must be accepted by the User prior to the conclusion of the contract.

7.4 Datapods merely transmits the User's proposal to the relevant Partner Company as a messenger. Depending on the structure of the contractual relationship, Datapods shall also act as a messenger in the further course of the contractual relationship, provided that the communication regarding the data exchange is handled via the Datapods App.

7.5 Datapods shall fulfil its statutory information and clarification obligations towards the User in accordance with these General Terms and Conditions.

8. Cooperation and other obligations of the User

8.1 The User is obliged to provide reasonable co-operation in the use of the services of the Datapods App.

8.2 In particular, the User shall authenticate themself to the Data Interface with their login data from third-party companies (e.g. user name and password).

8.3 The User shall not register a account that is owned by another individual in the Datapods App.

8.4 The User shall not circumvent any security functions of the Datapods App and shall refrain from attempting to do so.

8.5 The User shall ensure the confidentiality and security of their access data for the Datapods App and the services used or brokered through it. They must keep their access data secret, must not pass it on, must not tolerate or allow third parties to gain knowledge of it and must take the necessary measures to ensure the confidentiality of their access data, e.g. by using a secure PIN that does not match any other PIN and by making a note of their seed phrase in a secure and suitable place. They must keep their mobile phone safe from access by third parties.

8.6 If the User discovers the loss or theft, misuse or other unauthorised use of their access data, they must inform Datapods immediately. Any theft or misuse must be reported to the police immediately. If the User suspects that another person has gained unauthorised possession or knowledge of their access data or is using their access data, they must also inform Datapods of this immediately.

8.7 The personal data visualised in the Datapods App is based on the data provided by the User. The User or the third party company providing the data is therefore jointly responsible for the completeness and accuracy of the data provided to Datapods and the result of the processing of this data by Datapods. If there are indications that the data and information provided by the User is or could be incorrect, Datapods shall have the right not to process the order placed. Datapods shall inform the User of this.

8.8 If the User breaches its obligations under these Terms and Conditions, Datapods shall be entitled to cancel the relevant services of the Datapods App or not to perform the requested service.

9. Costs and in-app purchases

9.1 Datapods offers users the basic functions of the Datapods App free of charge. In-app purchases are not currently offered.

9.2 Datapods charges a transaction fee for the brokerage of data licence agreements, which is agreed with the User in a separate brokerage agreement.

10. Right of cancellation

10.1 As a consumer, the user has a right of cancellation in accordance with the following provisions when using fee-based services (hereinafter referred to as ‘’ Contract‘’):

Withdrawal policy

Right of withdrawal

You have the right to withdraw from this Contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the Contract.

To exercise your right of withdrawal, you must inform us of your decision to cancel this Contract by means of a clear statement (e.g. an e-mail). To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

The withdrawal must be sent to:

Datapods GmbH Kölnstraße 179b 53111, Bonn.

E-mail: kontakt@datapods.app

Consequences of withdrawal

In the event of an effective withdrawal, the services received by both parties must be returned. You are obliged to pay compensation for the value of the service provided up to the withdrawal if you have been informed of this legal consequence before submitting your contractual declaration and have expressly agreed that we will begin to perform the service in return before the end of the withdrawal period. If there is an obligation to pay compensation, this may mean that you still have to fulfil the contractual payment obligations for the period up to withdrawal. Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice and for us when we receive it.
 Withdrawal may restrict your scope of services, such as access to services subject to a charge.

Consent to the performance of the contractual services before expiry of the withdrawal period

The User agrees that Datapods may begin performing the contractual services prior to the expiry of the withdrawal period. In the event of withdrawal, the user is obliged to pay compensation for the value of the services received in accordance with the statutory provisions.

End of the withdrawal policy

10.2 If Datapods provides the User with certain fee-based services in full immediately after the order is placed, the right of withdrawal shall expire if the User has given Datapods its express consent and at the same time confirmed its knowledge that it will lose its right of withdrawal upon complete fulfilment of the contract by Datapods. In the case of a contract for the delivery of digital content not on a physical data carrier, the User's right of withdrawal shall also expire if Datapods has started to perform the contract after the User has expressly consented to Datapods starting to perform the contract before the expiry of the withdrawal period and has confirmed that it is aware that it will lose its right of withdrawal by consenting to the commencement of the performance of the contract. The User shall be informed of these points separately in the corresponding services.

11. Data protection

Datapods collects, processes and uses the User's personal data solely for the purpose of providing the services of the Datapods App. Datapods does not use user data for any other purpose. In order to be able to use the Datapods App without restriction, your consent to the use of your personal data is required.

For details, please refer to the separate Privacy Policy for the Datapods App, which is available on the Datapods website https://www.datapods.app/privacy-policy-app and in the Datapods App and can be accessed there at any time.

The Privacy Policy for the Datapods App also expressly contains the User's right to withdraw consent in whole or in part at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. However, in the event of full or partial withdrawal, it is possible that the User may not be able to continue to use the Datapods in full or in part.

When using brokerage services in cooperation with our partner companies (see section 7), additional or special data protection provisions may also apply, for which the User's consent may also be required.

12. Liability

12.1 Claims for damages by the User are excluded. Excluded from this are claims for damages by the User against Datapods arising from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Datapods, its legal representatives or agents. This shall also apply to indirect consequential damages such as, in particular, loss of profit.

Material contractual obligations (cardinal obligations) are obligations that Datapods must fulfil in accordance with the content and purpose of this Contract and its addenda, the fulfilment of which is essential for the proper performance of this Contract and on compliance with which the user regularly relies and may rely. The essential contractual obligations of this Contract include in particular, but not exclusively, the services listed in section 3. The uninterrupted technical availability of the Datapods App is not an essential contractual obligation of this contract.

12.2 In the event of a breach of material contractual obligations (cardinal obligations), Datapods shall only be liable for the foreseeable damage typical of the Contract if this was caused by simple negligence, unless the User's claims for damages are based on injury to life, limb or health.

12.3 The limitations in sections 14.1 and 14.2 of the Terms and Conditions shall also apply in favour of Datapods' legal representatives and agents if claims are asserted directly against them.

12.4 The limitations of liability resulting from Sections 14.1, 14.2 and 14.3 of the Terms and Conditions shall not apply if Datapods has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply if Datapods and the User have entered into a quality agreement.

12.5 The provisions of the Product Liability Act shall remain unaffected by the provisions in this section 14 of the Terms and Conditions.

12.6 If Datapods arranges third-party services (which are expressly and clearly labelled as such, stating the identity and address of the brokered partner company) from partner companies (see section 7.2) at the request of the user or commissions them in the name of and for the account of the user, Datapods shall not be liable for the services or work results of the partner company concerned. In such cases, Datapods shall only act as an intermediary. The respective partner companies are not vicarious agents of Datapods.

12.7 Datapods shall be liable for the loss of data and programmes and their recovery to the extent set out in this clause 14 and only to the extent that this loss could not have been avoided by taking reasonable precautions, in particular by making daily backup copies of all data and programmes.

12.8 The User is obliged to notify Datapods immediately in writing of any damage within the meaning of the above liability provisions or to have it recorded by Datapods so that Datapods is informed as early as possible and can possibly minimise the damage together with the User.

13. Termination

13.1 Datapods may also terminate the entire business relationship or individual business relationships for which neither a term nor a different termination provision has been agreed at any time, subject to a reasonable notice period. When determining the notice period, Datapods shall take into account the legitimate interests of the User.

13.2 Termination of the entire business relationship or individual business relationships without notice shall be permissible if there is good cause that makes it unreasonable for Datapods to continue the relationship, even taking into account the legitimate interests of the User. Good cause may exist in particular if the statutory or regulatory requirements for the provision of or in connection with the services of the Datapods App change. If the good cause consists of the breach of a contractual obligation, the termination shall only be permissible after the unsuccessful expiry of a reasonable period of time set for remedial action or an unsuccessful warning, unless this is dispensable due to the particularities of the individual case (Section 323 para. 2 and 3 of the German Civil Code).

13.3 Subject to a separate agreement, the User shall be entitled to terminate the entire business relationship with Datapods at any time without notice. For this purpose, the User may irrevocably delete their user account within the Datapods App.

14. Miscellaneous

14.1 Applicable law

14.1.1 These Terms and Conditions and all contracts and contractual rights and obligations concluded between Datapods and the User including these Terms and Conditions shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

14.1.2 All non-contractual rights and obligations arising out of or in connection with these Terms and Conditions shall also be governed by and construed in accordance with the laws of the Federal Republic of Germany.

14.1.3 The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the user as a consumer has his habitual residence, remain unaffected.

14.1.4 If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the User and Datapods shall be the registered office of Datapods.

14.2 Changes to the Terms and Conditions

14.2.1 Datapods reserves the right to amend these Terms and Conditions and any special terms and conditions at any time. Amendments shall be offered to Users in text form or via an electronic communication channel (if agreed) at least two months before the proposed date of entry into force. Each User has the right to either accept or reject the changes before the proposed date of entry into force. The User shall be deemed to have given their consent if they have not indicated their rejection before the proposed date of entry into force of the changes. Datapods shall make special reference to this authorisation effect in its offer.

14.2.2 The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if applicable. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.

Status: October 2024