Upcoming User Agreement for the Datapods App

This User Agreement for the Datapods App takes effect on 20th April 2025.

1. Preamble

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

• Overview of personal data from third-party companies in one app;
• Automated overview with deeper insights into this data;
• If a separate user agreement is explicitly concluded, the use of the Data Monetization Platform.

Our mission with Datapods is to provide an app that enables you to regain control over your personal data, analyze it conveniently and gain valuable insights. This allows you to unlock the full potential of your data and, if you 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 the Federal Data Protection Act (BDSG) and high security standards. You can find out more in the Privacy Policy for the Datapods App.

2. General information and scope of application

2.1 Datapods shall provide services to users of the Datapods application in accordance with this User Agreement.

2.2 If Datapods offers the services offered to the User jointly with Cooperation Partners (see section 7), additional Terms of these Cooperation Partners shall apply where applicable.

2.3 The Terms and Conditions shall apply exclusively. Any terms and conditions provided by you that conflict with or deviate from this User Agreement 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 to you without reservation in the knowledge of conflicting or deviating terms and conditions.

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;
• Providing the Data Monetization Platform for sharing data in return for appropriate remuneration on the basis of a separate user agreement;
• Providing support for you to answer your questions in accordance with this User Agreement and the separate Privacy Policy.

4. Carrying out Data Analysis

A prerequisite for the comprehensive use of the services of the Datapods app is the analysis of your 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 you 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 you expressly accepts this User Agreement prior to authentication with a company account and that you had the opportunity to take note of the separate Privacy Policy.

5. Access and availability

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

5.2 The provision of the services of the Datapods App also requires your authentication to the Data Interface. For this purpose, you 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 User Agreement.

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 your legitimate interests, 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, you submit a binding offer to conclude a contract for the processing of your data and the provision of the services of the Datapods App in accordance with this User Agreement and the separate Privacy Policy for the Datapods App by Datapods.

7. Collaboration with cooperation partners

If you conclude the separate User Agreement for the Data Monetization Platform with Datapods within the Datapods App, Datapods will market your data to cooperation partners on the basis of your granular consent settings.

8. Cooperation and other obligations of the User

8.1 You are obliged to provide reasonable co-operation in the use of the services of the Datapods App.

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

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

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

8.5 You shall ensure the confidentiality and security of your access data for the Datapods App and the services used or brokered through it. You must keep your 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 your access data, e.g. by using a secure PIN that does not match any other PIN. You must keep your mobile phone safe from access by third parties.

8.6 If you discover the loss or theft, misuse or other unauthorised use of your access data, you must inform Datapods immediately. Any theft or misuse must be reported to the police immediately. If you suspect that another person has gained unauthorised possession or knowledge of your access data or is using your access data, you must also inform Datapods of this immediately.

8.7 The personal data visualised in the Datapods App is based on the data provided by you. You 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 you is or could be incorrect, Datapods shall have the right not to process the order placed. Datapods shall inform you of this.

8.8 If you breach your obligations under this User Agreement, 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.

10. Right of cancellation

10.1 As a consumer, you have 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 can be sent to:

Datapods GmbH Kölnstraße 179b 53111, Bonn.

E-mail: kontakt@datapods.app

(If you wish to withdraw from the contract (this User Agreement for the Datapods App), please fill out the following form and send it to us).

I/we hereby withdraw from the User Agreement for the Datapods App concluded by me/us for the provision of the services of the Datapods App.

Concluded on ________

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in the case of notification on paper):

Date __________

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

You agree that Datapods may begin performing the contractual services prior to the expiry of the withdrawal period. In the event of withdrawal, you are 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 you with certain fee-based services in full immediately after the order is placed, the right of withdrawal shall expire if you have given Datapods your express consent and at the same time confirmed your knowledge that you will lose your 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, your of withdrawal shall also expire if Datapods has started to perform the contract after you have expressly consented to Datapods starting to perform the contract before the expiry of the withdrawal period and has confirmed that you are aware that you will lose your right of withdrawal by consenting to the commencement of the performance of the contract. You shall be informed of these points separately in the corresponding services.

11. Data protection

Datapods collects, processes and uses your 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 and can be accessed there at any time.

The Privacy Policy for the Datapods App also expressly contains your 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 you may not be able to continue to use the Datapods App in full or in part.

12. Liability

12.1 Claims for damages are excluded. Excluded from this are claims for damages 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 you regularly rely 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 your claims for damages are based on injury to life, limb or health.

12.3 The limitations in sections 12.1 and 12.2 of the User Agreement 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 12.1, 12.2 and 12.3 of the User Agreement 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 you have entered into a quality agreement.

12.5 The provisions of the Product Liability Act shall remain unaffected by the provisions in this section 12 of the User Agreement.

12.6 If Datapods arranges third-party services (which are expressly and clearly labelled as such, stating the identity and address of the third party) at your request or commissions them in your name and for your account, Datapods shall not be liable for the services or work results of the third party concerned. In such cases, Datapods shall only act as an intermediary. The respective third parties 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 section 12 and only to the extent that this loss could not have been avoided by taking reasonable precautions, in particular by making backup copies of all data and programmes.

12.8 You are 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 you.

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 This User Agreement and all contracts and contractual rights and obligations concluded between Datapods and you 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 this User Agreement 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 you as a consumer have your habitual residence, remain unaffected.

14.1.4 If you are 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 you and Datapods shall be the registered office of Datapods.

14.2 Changes to the User Agreement

14.2.1 In the case of continuing obligations, Datapods shall have the right to amend these Terms and Conditions insofar as this is necessary for the reasonable continuation and performance of the contractual relationship for the reasons listed below,

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; or

14.2.2 to fill existing and arisen gaps in the contract if an existing or arisen gap in these Terms and Conditions after conclusion of the contract causes not insignificant difficulties in the execution of the contract (e.g. case law declares a clause invalid) and this cannot be remedied otherwise; or

14.2.3 to adapt these Terms and Conditions to changes in the legal situation (e.g. changes to the relevant laws or Federal court rulings), insofar as this is necessary to ensure the legality and other legal conformity of these Terms and Conditions and of performance and consideration; or

14.2.4 to restore the equivalence of performance and consideration if this is disturbed to a not insignificant extent after conclusion of the contract by unforeseeable changes to the legal or other framework conditions (e.g. by changes to the law, unless their specific content was already foreseeable – for example in the phase between the conclusion of the formal legislative procedure and their entry into force). This only applies if Datapods does not initiate these changes and has no influence over them.

14.2.5 You will be notified of the amended Terms and Conditions in writing or by email at least six weeks before the planned effective date of the Terms and Conditions. In the case of consumers within the meaning of Section 13 BGB, an explanation of the changes will be provided.

14.2.6 You may terminate the contract affected by the change without notice and free of charge on the proposed date on which the changes take effect. You will be specifically informed of this in the notification.

14.2.7 The provision in clause 14.2.1 does not include any changes that affect prices.

14.2.8 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 invalid.