Terms and Conditions

I. Preamble

Streetspotr GmbH, Emilienstraße 9, 90489 Nuremberg (hereafter: Streetspotr) operates a platform on which registered members (hereafter: Clients) can post so-called micro jobs. These micro jobs may then be accepted by other members (contractors).

Micro jobs are projects which can be completed by the contractors.

Streetspotr is acting as a contractual partner for the client as well as the contractor. Contracts between the client and the contractor as such, are not executed. The contractual agreement between the clients and the contractors shall be governed by the present General Business Terms and Conditions in its currently valid version. Streetspotr objects to all terms and conditions reserved by the contractual parties.

II. Contract Objective

Streetspotr provides a web presence at www.streetspotr.com, on which the clients can post micro jobs.

In addition Streetspotr offer an application software (hereafter: App) for Smartphones, which may be downloaded to the contractor’s Smartphone. This App provides the contractor with the requirements for the micro job and allows the contractor to accept and complete the project (pursuant to the provisions outlined in point III.3). Streetspotr reserves the right to offer this App for selected Smartphone-models only.

III. Contract Signing

1.) General Information

a) Bidding or accepting micro jobs is contingent upon registering for membership. Registration is free of charge. You may register by opening a membership account and by accepting the present General Business Terms and Conditions (hereafter: AGB). Registration is not an automatic entitlement. A membership account is non-transferrable. Opening multiple accounts for the same natural or judicial entity is prohibited. Acceptance of the registration generates a servitude contract for the services provided on Streetspotr’s web presence and Streetspotr’s App.

b) Members must be a minimum of 18 years or older.

c) The members’ agree to provide the queried registration data completely and truthfully.

d) Registration is valid only under your own name and not for third parties. Members also agree to refrain from granting third parties access to their account and/or act on half of third parties when using this account.

e) In the event the data provided by the member changes, the member is obligated to report the changes to Streetspotr immediately. The member must verify the accuracy of the data provided upon Streetspotr’s request. Streetspotr reserves the right to withhold account activation until the requested verification has been submitted. If a member does not provide the requested verification within an adequate timeframe after registration, Streetspotr is entitled to block the account until the request verification has been submitted.

f) Members shall register with their full name and/or company name and a valid email address. The data provided (especially the email address) may not violate third party names and/or trademark rights, or violate good morals. In the event such a violation occurs, Streetspotr reserves the right to delete and/or block the member at any time.

g) The membership account access data provided by Streetspotr, as well as the password created by the member must be kept confidential by the member and shall not be disclosed to third parties. The members agree to notify Streetspotr immediately in the event data is lost or misappropriation is suspected.

h) The member’s complete first- and last name reported to Streetspotr may be abbreviated by the member as V.N. in the profile settings, and will appear in that manner on the App, to other members, or on the platform. Please be advised that in the event community functions are activated, the first- and last name will appear as “First N.”.

i) Streetspotr operates a forum, the so-called StreetNews, in which each member may participate, make contributions and comment on the contributions of other members. The members agree to refrain from violating third party name- and/or trademark rights, violate good morals, or provide entries violating the purpose of the forum, which is to exchange information regarding the use of Streetpotr. Entries or comments containing advertisements are prohibited. Such contributions shall be deleted without comment. In the event such a violation should occur, Streetpotr reserves the right to delete and/or block the entries and comments, or the member at any time.

2.) Contact between the client and Streetspotr

a) The client can create a micro job on the web presence and forward it to Streetspotr, or request Streetspotr to create a micro job. In general, this micro job is visible to all contractors immediately. Streetspotr reserves the right to assess micro jobs for internal company criteria and then decide if this micro job will be published on the platform and/or App. The client is not entitled to Streetspotr publishing the micro job. Streetspotr reserves the right to delete, and/or refuse publication without stating a reason. Streetspotr also does not guarantee that micro jobs listed by the client will be accepted and completed by a contractor.

b) The micro job should be described in detail. The performance objective in particular should be described in detail. Additional essential information, such as timeframe of validity and deadline for the micro job to be completed, as well as the contractor’s compensation should be listed. Expenses for insufficient results, incurred in the spot due to incorrect address/geo-coordination information or incorrect/obscure information shall be covered by the client if the client is responsible for the aforementioned errors. For micro jobs, for which the contractor cannot deliver the required results, the following applies:

  • If the searched/stated location is no longer available for the purposes of the micro job, for example because it is temporarily or permanently closed, the contractor will receive an amount of 0,50€ as of October 1st 2019 if he can prove that the micro job cannot be carried out due to the location (e.g. due to closure) by taking pictures of the location. The amount shall be paid by the client and shall be set off against the remuneration already paid for the micro job.
  • If the contractor is not able to perform the micro job because he is compelled by the owner or the employees of the location to take comprehensive interior pictures of the location, Streetspotr will remunerate the contractor with "StreetPoints" (see section VII.) at its own discretion.

c) Additional fees, calculated based on the order value, are incurred upon completion of the micro job. These fees shall be disclosed to the client prior to posting the micro job.

d) The micro job may not violate statutory provisions, in particular, it may not incorporated illegal, discriminating, pornographic or racist contents and, unless otherwise agreed upon, feature company logos or external links to advertising contents. Links to external URL’S may only exclusively serve the purpose of describing the detail of the micro job. Streetspotr is authorized to process, edit and adapt micro jobs and their contents in a manner required to display the micro jobs on the website, as well as third party mobile end devices or software applications. Streetspotr may also optimize the micro job by editing it so the task is presented to the user in a user-friendly and comprehensive manner and the verbiage meets the general platform principles (e.g. salutation). Streetspotr shall not change the contents for the services requested.

e) As soon as the micro job has been accepted and/or completed by a contractor, the client will be notified via the email address provided. This setting can be deactivated in the client’s membership account if needed. The client is not entitled to the acceptance of a micro job by Streetspotr or the contractors. If the micro job has not been accepted within the defined timeframe, the client may repost the micro job without incurring additional charges. In the event the results of a micro job are not accepted for objective and verifiable reasons, the contractor is provided with a predefined timeframe to revise the results.

f) The available of the results delivered to Streetspotr by the contractor are forwarded to the client via the email address provided during registration, unless this notification function has been deactivated in the profile. Upon receipt of the notification email, the client is obligated to review the results based on the description provided within 7 calendar days and decide if the results are acceptable. Acceptance can only be refused if the results essentially deviate from the micro job description. If the client does not justifiably reject the acceptance within the above listed timeframe, the transmitted results are considered as accepted by the client.

g) Upon acceptance, Streetspotr shall transfer the servitude and processing rights transferred to Streetspotr by the contractor to the client. The client shall be advised that Streetspotr will not review the legal ownership.

h) Unless otherwise agreed upon, Streetspotr will bill the micro jobs and all additional services provided individually and send an invoice to the client in form of a PDF, either via email or to the web presence.

i) The contractor’s compensation, as well as the fees assessed by Streetspotr are payable in advance through PayPal, unless otherwise agreed upon. The micro job will be completed upon receipt of payment.

3.) Contract between Streetspotr and the contractor

a) The contractor may only accepts micro jobs published on the App provided by Streetspotr, if he meets the qualifications listed in the evaluation system outlined under VI.

b) The contractor may accept an offer to perform a micro job based the service description listed on the App within the timeframe designated on the micro job listing by clicking on the “accept job” tab.

c) For micro jobs which the contractor cannot fulfil there is no entitlement to remuneration. In addition, the following applies:

  • If the searched/stated location is no longer available for the purposes of the micro job, for example because it is temporarily or permanently closed, the contractor will receive an amount of 0,50€ as of October 1st 2019 if he can prove that the micro job cannot be carried out due to the location (e.g. due to closure) by taking pictures of the location.
  • If the contractor is not able to perform the micro job because he is compelled by the owner or the employees of the location to take comprehensive interior pcitures of the location, Streetspotr will remunerate the contractor with "StreetPoints" (see section VII.) at its own discretion.

d) The contractor shall submit the results to Streetspotr within the designated timeframe listed in the corresponding micro job and/or listed for all micro jobs. If the results are not rejected within 7 calendar days after submitting the micro job, the job is considered as accepted. Submitting the services provided is only possible through the App provided by Streetspotr. Upon submitting the job results, the contractor will receive a confirmation of data transfer via the App. Images transferred to Streetspotr are exclusively entered via the Smartphone on which the Streetspotr app is installed and the access is granted. Tablet users are excluded from this.

e) The contractor shall ensure that the services and/or data transferred are not subject to third party rights and particularly, do not contain copy right or trademark/brand-name violations, or violate the intellectual rights of third parties. The contractor is solely responsible to obtain the necessary approvals or the consent of potential owners, if applicable.

f) By transmitting the data to Streetspotr, the contractor grants Streetspotr the exclusive spatial, timely and contextually unrestricted servitude and processing right to the extent it is legally possible and authorized. Furthermore, the contractor shall waive his right to be named pursuant to § 13 UrhG (Copyright Act) . The contractor is required to obtain Streetspotr’s consent for any and all cases to exercise the servitude and processing right.

g) The contractor can request payment of one or more micro jobs after they have been accepted as correct results. For doing so, the contractor has to state his real name and receipt address in the payout data and tap onto the 'request' button. Streetspotr shall then compensate the contractor via PayPal as listed in the micro job posting and according to stipulations contained herein, within 30 days after request. Upon request by Streetspotr, the contractor shall provide a valid PayPal ID. Alternative payment methods are not available. The timeframe becomes valid upon providing the PayPal ID.

IV. Contract Cancellation

1.) Every contractor has the option to cancel the contract for accessing and using the Streetspotr platform without notice or providing a reason. This also applies to the client, unless otherwise agreed upon. The cancellation notice must be sent to support@streetspotr.com via email. A cancellation is valid only if the sender’s address is identical to the email address previously provided by the member. A cancellation initiated by Streetspotr is also sent to the email address previously provided by the member.

2.) In the event of a termination, Streetspotr will delete all corresponding data. In the event the member is involved in a bid according to the provisions outlined in III. 2. And/or 3., Streetspotr will store the data required to conclude and process the bid until this data is no longer needed.

V. Liability

1.) Regardless of the legal circumstances, Streetspotr is only liable in the event of intent or gross negligence, otherwise the law shall prevail. The above exclusion from liability also applies to the benefit of Streetspotr’s legal representatives or sub-contractors, in the event the member files a claim against the aforementioned.

2.) In the event of contractual violations, Streetspotr is liable for each violation, however, only up to the amount of the foreseeable damages. Essential contractual obligations are obligations which are required to fulfil the contractual goals e.g., Streetspotr is obligated to forward data provided by the client to the contractor. Streetspotr is liable to consumers for default and the inability to provide services if these are within Streetpotr’s scope of responsibility, however, only up to the amount of the anticipated damages.

3.) Claims resulting from lost profits, saved expenses, from third party damage claims, as well as other direct and subsequent damages cannot be honored, unless a characteristic warranted by Streetspotr serves this purpose to protect the member from damages.

4.) These liability restrictions and exclusions do not apply to entitlements resulting from fraudulent actions by Streetspotr and/or to claims that involve jeopardizing life, health or body. The regulations of the Product Liability Act (ProdHaftG) shall remain unaffected.

5.) Streetspotr does not guarantee the availability of the App or the web presence. The members are advised that availability may be limited occasionally due to technical errors or maintenance.

6.) The contractor shall hold Streetspotr harmless from all third party claims filed against Streetspotr for which the contractor is responsible and/or liable. This particularly includes, but is not limited to the violation of third party rights, such as copy- and/or trademark/brand-name rights, as well as intellectual rights. The contractor shall bear the cost for potential legal actions.

7.) Streetspotr is not liable for accidents or damages the user inflicts upon himself or others while performing a micro job, insofar Streetspotr is not at fault. The user is advised to comply with all safety regulations provided and exercise utmost diligence.

VI. Evaluation System

1.) An evaluation system (amongst others, 'Streetspotr Pro') through which the contractors can be evaluated by the clients (currently one-sided) after completing a micro job is in place. The evaluation system is a method to evaluate the reliability of the contractors as well as the quality of work provided. The accuracy of the evaluations is only checked via Spot checks by Streetspotr and may be subjectively inapplicable, unless the client has contracted the evaluation of results services with Streetspotr. The contractor is always entitled to improve the Spot result if it is not accepted, unless he has deliberately been trying to mislead (e.g. uploaded a completely different picture than requested). This shall apply unless otherwise agreed.

2.) A micro job can only be evaluated after it has been completed and the results have been accepted. If the job is rejected it cannot be evaluated.

3.) The members are obligated to provide truthful and case-relevant information within the scope of the evaluation submitted.

4.) The use of the evaluation system contradicting its purpose is prohibited. This particularly includes misappropriated evaluations and evaluations used for another purpose.

5.) Streetspotr has the right to delete evaluations in the event of existing AGB violations or the applicable law.

VII. Bonus System

1.) After each successful completion of a micro job, the contractor will be credited StreetPoints. StreetPoints are virtual points representing the participation and commitment of a contractor on the platform. StreetPoints may be revoked if the micro job is not accepted by the client.

2.) StreetPoints may also be used for evaluation purposes according to VI.

VIII. Final Provisions

1.) The Law of the Federal Republic of Germany shall apply to all legal relations between the parties.

2.) If the customer is a business person, a legal entity under public law or a separate estate under public law, the place of fulfillment and legal venue for all disputes resulting from this contract is Nuremburg.

Streetspotr GmbH, Nuremberg, October 2019

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