Streetspotr GmbH, Emilienstraße 9, 90489 Nuremberg (hereinafter: Streetspotr) operates a platform on which registered members (hereinafter: Clients) can advertise so-called micro-jobs. These micro-jobs can then be accepted by other members (Contractors).
Micro-jobs are orders that can be completed by the Contractors.
Streetspotr acts as a digital intermediary between the Client and the Contractor and is the respective contractual partner of the Parties. Contracts are not concluded between the Client and the Contractor themselves. The contractual relationship between Streetspotr and the Client on the one hand, and the contractual relationship between Streetspotr and the Contractor on the other hand, is governed by these General Terms and Conditions in the currently valid version. Any contractual conditions reserved by the contractual partners of Streetspotr are hereby deemed non-applicable.
Streetspotr maintains a website at www.streetspotr.com through which Clients can advertise micro-jobs.
Streetspotr also offers user software for smartphones (hereinafter: the App) that the Contractors can download onto their smartphones. The Contractor can use this App to find out the requirements of the micro-job and to accept and execute the micro-job (in accordance with the provisions of Section III. 3.). Streetspotr reserves the right to offer this App only for selected smartphone models.
a) The award or acceptance of micro-jobs requires the Contractor to register as a member. Registration is free of charge. It takes place by opening a member account and agreeing to these Terms and Conditions. There is no entitlement to registration. The creation of several accounts for the same natural or legal person or partnership is not permitted. By accepting the registration, a user contract is concluded between Streetspotr and the Contractor for the services brokered by Streetspotr on the website and through the Streetspotr app.
b) Contractors or the shareholders of a legal person or partnership must be at least 18 years of age.
c) The Contractors undertake to provide the data requested during registration completely and truthfully.
d) Registration must take place only in the Contractor's own name and not for third parties. However, it is possible to transfer your account to a third party or to involve a third party in the execution of micro-jobs, provided that Streetspotr has been informed in advance of this addition or transfer. If the Contractor delegates the execution of micro-jobs to a third party, this is a subcontracting of the third party by the Contractor in their own name. A contractual relationship between the third party and Streetspotr does not arise.
e) If a Contractor's details change after registration, the Contractor is obliged to report the details in the account to Streetspotr immediately. At the request of Streetspotr, the correctness of the stored data must be proven by the Contractor. Streetspotr reserves the right not to activate the member account until the requested evidence has been submitted. If a Contractor does not submit the requested evidence within a reasonable period of time after registration, Streetspotr may block the account until the requested evidence has been submitted.
f) Contractors must register with their full name or company name and a valid email address. The data provided (in particular the e-mail address) must not violate any name and / or trademark rights or other rights of third parties, or offend morality. In the event of a violation of this requirement, Streetspotr reserves the right to delete or block the Contractor at any time.
g) The access data assigned by Streetspotr for the member account, as well as the password chosen by the Contractor, must be kept secret. The Contractors undertake to report this to Streetspotr immediately if the data is lost or if they suspect misuse.
h) The full first and last name of a Contractor specified to Streetspotr can be abbreviated to initials by the latter via a profile setting. It will also be displayed to other members in the App and platform from this point on. Please note that if the community functions are activated, the first and last name will be displayed as "First name (initial letter of surname).".
i) Streetspotr operates a forum, so-called StreetNews, in which every member can take part and post their own contributions as well as comment on the contributions of other members. The members undertake not to violate any name and/or trademark rights or other rights of third parties through their entries or comments. They must not violate morality or post entries that run counter to the purpose of the forum, which is to exchange information about the use of Streetspotr. In particular, entries or comments that contain advertising are not permitted. Such contributions can be deleted without comment. In the event of a violation of this requirement, Streetspotr reserves the right to delete or block entries and comments or the member at any time.
a) The Client can create a micro-job via the website and submit it to Streetspotr or commission Streetspotr to create a micro-job. As a rule, this micro-job is immediately visible to all Contractors. Streetspotr reserves the right to review micro-jobs according to internal company criteria and then to decide whether these are offered via the platform and/or the app. The Client is not entitled to have Streetspotr publish the micro-job. Streetspotr reserves the right to delete or not publish a micro-job without giving reasons. Furthermore, Streetpotr does not guarantee that the advertised micro-jobs will be accepted and carried out by a Contractor.
b) The micro-job must be described as precisely as possible. In particular, the exact subject of the service must be explained in detail. Further essential information is its period of validity and the date by which the Client expects it to be completed and by when the service is to be provided by a Contractor, as well as the remuneration for the Contractor. The Client is liable for costs for unsatisfactory results that arise from incorrect information on addresses/geographic coordinates or incorrect/inaccurate information in the micro-job. In the case of micro-jobs where the Contractor cannot deliver the required results, the following applies:
c) After completing the micro-job, additional fees are incurred, which are calculated on the basis of the order value. These are announced to the Client before the micro-job is posted and must be paid by the latter to Streetspotr.
d) The micro-job must not violate any legal requirements, in particular it must not contain any criminal, discriminatory, pornographic or racist content and, unless otherwise agreed, it must not contain any company logos or external links to advertising content. The external URLs specified may only be used to describe the micro-job in more detail. Streetspotr has the right to technically process, prepare and adapt micro-jobs and their content so that they can be displayed on the website as well as on mobile devices or software applications from third parties. Streetspotr can also rephrase and improve the micro-job in such a way that the task is easier for the user to understand and the wording corresponds to the usual principles of the platform (e.g. the salutation). Streetspotr will not change the content for the required service.
e) As soon as the micro-job has been accepted by a Contractor or its execution has been completed, the Client will be informed of this at the email address they have specified . This setting can be deactivated in the Client's member account if required. The Client is not entitled to the execution of the micro-job vis-à-vis Streetspotr or the Contractor. If the micro-job is not accepted within the specified posting period, the Client can post the micro-job again without incurring any further costs. If the results of a micro-job are not accepted by the Client for objectively understandable reasons, the Contractor can be given a defined period of time to improve the results.
f) The existence of the results delivered by the Contractor to Streetspotr will be reported to the Client at the email address given during registration, unless the Client has deactivated this notification function in their profile. After receiving the email, the Client is obliged to check and accept the results based on the description within 7 calendar days. The acceptance can only be refused if the results differ significantly from the description of the micro-job. If there is no justified rejection within the above-mentioned timeframe, the transmitted results are deemed to have been accepted by the Client.
g) With acceptance, Streetspotr will transfer the usage and exploitation rights to the Client that have been transferred to Streetspotr by the Contractor in accordance with Section 3 f). The Client is advised that the ownership of rights will not be checked by Streetspotr.
h) Streetspotr usually bills the micro-jobs and all additional services provided, unless otherwise agreed, and provides the Client with an invoice as a PDF by email or via the website.
i) Both the remuneration for the Contractor and Streetspotr's fees are to be paid by the Client to Streetspotr in advance via PayPal, credit card or direct debit, unless otherwise agreed. The micro-job can only be carried out after payment.
j) If the Client does not want the addresses identified or provided to be used by Streetspotr for other purposes, the Client must object to this use in writing.
k) Streetspotr is entitled to integrate subtasks into the micro-jobs for its own purposes.
l) Streetspotr reserves the right to delete the collected image material of accepted micro-jobs after six months. The Client will be informed of this two weeks in advance and will be given the opportunity to obtain the data again as an export or to extend the storage of their micro-jobs and images for a hosting fee.
a) The Contractor can only accept the published micro-jobs via the App provided by Streetspotr for which their qualification is given on the basis of the rating system provided for under VI.
b) By clicking the "Accept job" button in the description of a micro-job within the app, the Contractor accepts the offer to provide the service within the execution period specified in the micro-job and based on the service description specified in the micro-job.
c) In the case of micro-jobs where the Contractor does not deliver the results required by the Client, there is no entitlement to remuneration. In addition, the following requirements apply:
d) The Contractor shall send the result to Streetspotr within the deadline specified in the micro-job and/or for all micro-jobs. If there is no refusal within 7 calendar days after the service has been dispatched, it is deemed to have been accepted. The service can only be sent via the App provided by Streetspotr. After this transmission, the Contractor will also receive a confirmation of the data transmission via the App. Photos transmitted to Streetspotr are only to be taken via the smartphone on which the Streetspotr App is installed and access is granted. Tablet users are excluded from this.
e) The Contractor must give an assurance that the transmitted services or data are free of third party rights and, in particular, do not contain any copyright and/or trademark infringements, and that the personal rights of third parties have been respected. It is the sole responsibility of the Contractor to obtain the necessary consent from any rights holders, if necessary.
f) By transmitting the data to Streetspotr, the Contractor grants Streetspotr the exclusive usage and exploitation rights that are spatially, temporally and content-wise unlimited, insofar as this is legally possible and permissible. In addition, the Contractor waives their right to be named in accordance with § 13 UrhG (German Copyright Act). In any case, the Contractor requires the consent of Streetspotr to continue exercising usage and exploitation rights.
g) After acceptance of the order by the Client in accordance with Section 3.) d), the Contractor can request the remuneration advertised in the micro-job in the App under the conditions set out there (including details of name, billing address, VAT-ID in the case of traders) and receives the requested remuneration automatically and without payment of fees within 30 days of requesting the remuneration via PayPal. For this purpose, the Contractor must store a PayPal ID on the platform at the request of Streetspotr. Alternative payment methods do not exist. The payment period begins with the entry of the PayPal ID at the earliest.
h) If an invalid or incorrect PayPal address is entered, there is no entitlement to renewed payment in the event of a wrong payment. There is a general entitlement to remuneration for three years. After this period, the right to payment expires.
1.) Each Contractor has the option of terminating the contract for access to and use of the Streetspotr platform without observing a period of notice and without giving reasons. The same applies to the Client, unless otherwise agreed. The notice of termination from both Contractors and Clients must be sent by email to email@example.com. A termination is only effective if the sender's address is identical to the email address provided by the user. Any termination notice from Streetspotr shall also be sent by email to the email address provided by the Contractor or Client.
2.) In the event of termination, Streetspotr will delete all data. In the event that the member is involved in a job advertised in accordance with the provisions of Section III. 2. or 3., Streetspotr shall store the data necessary to complete and process the job advertised until it is no longer required for this.
1.) Streetspotr is only liable - for whatever legal reason - for intent and negligence, otherwise the law applies. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of Streetspotr, if the member asserts claims against them.
2.) In the event of a breach of essential contractual obligations, Streetspotr is liable for any negligence, but only up to the amount of the foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. Streetspotr is obliged to forward the data transmitted by the Contractor to the Client. Streetspotr is also liable to consumers in the event of default and the impossibility of rendering the service for which Streetspotr is responsible for any negligence, but also only up to the amount of the foreseeable damage.
3.) Claims for lost profit, saved expenses, claims for damages from third parties as well as other indirect and consequential damages cannot be demanded, unless a quality feature guaranteed by Streetspotr aims to protect the member from such damages.
4.) These limitations of liability and exclusions do not apply to claims that have arisen due to malicious behavior by Streetspotr and also not to claims arising from injury to life, health or body. The provisions of the German Product Liability Act (ProdHaftG) remain unaffected.
5.) Streetspotr does not guarantee the availability of the App or the website. The members are advised that the availability may be limited due to technical malfunctions or maintenance work.
6.) The Contractor hereby releases Streetspotr from all claims made by third parties against Streetspotr because of behavior for which the Contractor is responsible or liable. This includes in particular, but not exclusively, the infringement of the rights of third parties, such as copyrights and/or trademark rights, as well as personal rights. The Contractor shall bear the costs of any legal action.
7.) Streetspotr is not liable for accidents or damage that the Contractor or the person commissioned by it causes to themselves or to others during the execution of a micro-job, provided that Streetspotr is not at fault for this. The Contractor or the person appointed by him is required to always comply with all necessary safety precautions and to act carefully.
1.) To protect the Contractor and Client, there is a rating system in which (initially unilaterally) the Client can be rated after a micro-job has been carried out. The Contractor always has the right to improve the result if they did not intentionally falsify their result (e.g. uploaded a completely different motif than the one requested). This applies unless otherwise agreed.
2.) The Contractor and Client are obliged to provide truthful and factual information in the ratings they submit.
3.) Any use of the evaluation system that runs counter to the purpose of the evaluation system is prohibited. This includes in particular inaccurate ratings and ratings that were used for another purpose.
4.) Ratings can be deleted by Streetspotr if there are concrete indications of a violation of these Terms and Conditions or applicable law.
1.) StreetPoints are credited to the Contractor after each successfully completed micro-job.
2.) StreetPoints are virtual points that represent the participation and commitment of a Contractor on the platform. StreetPoints can be withdrawn from the Contractor if the micro-job has not been accepted by the Client.
1.) The law of the Federal Republic of Germany shall apply to all legal relationships between the Parties.
2.) If the Contractor or Client is a business, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is Nuremberg.
Streetspotr GmbH, Nuremberg, October 2021