Here are the general terms and conditions of Linkbroker (JustScale GmbH). We strive to provide you with up-to-date and reliable information on our website. If you have any questions or suggestions, we look forward to hearing from you.
§ 1 Basics
JustScale GmbH (hereinafter referred to as "Linkbroker") operates online as a provider that offers its customers the opportunity to place articles on other websites provided by the Linkbroker App. Customers of Linkbroker, as well as individuals who register in the Linkbroker App due to their interest in the services provided by Linkbroker, are hereinafter referred to as participants.
§ 2 Scope and General Notes
Linkbroker provides its services exclusively based on the following general terms and conditions. Deviating or contradicting terms and conditions of participants are only recognized with written confirmation by Linkbroker.
§ 3 Participants
Participants can be both natural and legal persons, as well as legally competent partnerships that act on the Linkbroker App with commercial, independent, or freelance intentions. To be eligible to participate, reaching the age of 18 and full legal capacity is required. By submitting the registration form, the participant confirms that he is an entrepreneur within the meaning of § 14 BGB and is fully capable of doing business.
§ 4 Registration
- Participants must accept these terms and conditions or refrain from registering.
- The participant is obliged to provide his current data, which are requested during registration, completely and truthfully.
- A participant is only allowed one registration.
- Individual access data is created for participants during the registration process.
- Participants are obliged to handle the access data confidentially and not to make it available to any unauthorized third party.
- The entered data can be checked and corrected before sending the registration.
- After submitting the registration, the participant makes a binding offer to use the Linkbroker App.
- Only when the participant has received an email from Linkbroker, in which Linkbroker expressly confirms that he has been activated to use the Linkbroker App, is this offer accepted, and thus a contract is concluded for the use of the Linkbroker App by the participant.
- Linkbroker can reject or terminate the inclusion of a participant without giving reasons.
- Regardless of the confirmation email, Linkbroker can send further emails concerning this order to the participants.
- Participants have the opportunity to change their entered data within the access authorization themselves.
- By registering, Linkbroker is entitled to send notification emails to the participant, which serve to process business transactions via the Linkbroker App.
- The notification emails do not contain any advertising content.
§ 5 Contract Conclusion
- Contracts can only be concluded in German on the Linkbroker App.
- A booking request is the order from the participant to Linkbroker.
- A booking request is binding for the participant but can be rejected by Linkbroker or the operator or person responsible for the relevant website via Linkbroker.
- Linkbroker can accept or reject the booking request within a period of 10 working days.
- The booking requests are transmitted via the Linkbroker App to the operator or person responsible for the relevant website on which an article placement is to be made.
- As soon as the operator or person responsible for the website accepts the participant's booking request via the Linkbroker App, a contract is concluded between the operator and the participant.
- After accepting a booking, an operator or person responsible for the website is obliged to fulfill the service components as ordered.
- After the service has been provided in accordance with the order by an operator or person responsible for the website, a participant is obliged to accept the service and pay the remuneration.
- A booking process begins with the acceptance of a booking request from a participant by the operator.
§ 6 Payment Processing
Payment for Linkbroker's services is made immediately online via Stripe. There are no credits or top-ups. After a booking request has been made by a participant, payment is initiated immediately. If the booking request is rejected by Linkbroker or the operator or person responsible for the relevant website, the money will be refunded within 5 working days (depending on the chosen payment method) and the participant will receive a cancellation invoice.
§ 7 Responsibilities of the Participant
The participant is responsible for the accuracy and completeness of the content he provides. He undertakes not to transmit any content that violates applicable law or the rights of third parties. The participant indemnifies Linkbroker from all claims by third parties that arise due to the violation of rights by the content provided by the participant. The participant is obliged to inform Linkbroker immediately of any changes to his data provided during registration.
§ 8 Responsibilities of Linkbroker
Linkbroker is not responsible for the content of third-party websites on which article placements are made. Linkbroker does not guarantee the availability or operation of the Linkbroker App or the completeness, accuracy, and timeliness of the content contained in the Linkbroker App. Linkbroker reserves the right to change or discontinue the Linkbroker App at any time.
§ 9 Limitation of Liability
The participant is responsible for the accuracy and completeness of the content they provide. Linkbroker is only liable for damages caused by intentional or grossly negligent behaviour. Linkbroker's liability for slight negligence is excluded, unless it concerns personal injury. Linkbroker's liability for indirect damages, consequential damages, lost profits, unrealized savings, interest losses, and damages from third-party claims is excluded. The participant undertakes not to transmit any content that violates applicable law or third-party rights. The participant indemnifies Linkbroker from all third-party claims arising from the violation of rights by the content provided by the participant. The participant is obliged to inform Linkbroker immediately about any changes to the data provided during registration.
§ 10 Data Protection
Linkbroker takes the protection of the personal data of its participants very seriously. The collection, processing, and use of personal data are in accordance with the applicable legal data protection regulations and Linkbroker's privacy policy. Participants consent to the processing of their personal data to the extent necessary for the execution and processing of Linkbroker's services.
§ 11 Changes to the Terms and Conditions
Linkbroker reserves the right to change these terms and conditions at any time. The amended terms will be sent to participants by email at least two weeks before they come into effect. If a participant does not object to the amended terms within two weeks of receiving the email, the amended terms are considered accepted. Linkbroker will point out the significance of this two-week period in the email containing the amended terms.
§ 12 Final Provisions
If individual provisions of these terms and conditions are or become ineffective or unenforceable, the effectiveness of the remaining terms and conditions remains unaffected. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision that comes closest to the economic objective pursued by the parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the terms and conditions prove to be incomplete.
§ 13 Jurisdiction and Applicable Law
For all disputes arising from or in connection with these terms and conditions, the court responsible for the headquarters of JustScale GmbH has exclusive jurisdiction. These terms and conditions are subject to the laws of the Federal Republic of Germany, excluding the UN Sales Law.
§ 14 Language
The contract language is German. If these terms and conditions are translated into other languages, the German version is authoritative in the event of discrepancies.
§ 15 Contact
If you have questions about these terms and conditions or about Linkbroker's services, you can contact Linkbroker's customer service. The contact details can be found on Linkbroker's website.
§ 16 Right of Withdrawal
As a commercial provider, Linkbroker offers its services exclusively for business purposes. Therefore, there is no statutory right of withdrawal for consumers according to § 312g para. 2 no. 9 BGB.
§ 17 Severability Clause
If a provision of these terms and conditions is or becomes ineffective, the effectiveness of the remaining provisions remains unaffected. In place of the ineffective provision, an effective provision is deemed to have been agreed that comes closest in a legally effective manner to the economic purpose of the ineffective provision. The same applies in the event of a regulatory gap.