General Terms and Conditions

Status: November 18, 2024

In the following, "JUBEL" refers to the comprehensive service operated by Nordility UG (haftungsbeschränkt), as described in detail below, along with its numerous applications.

General Conditions for the Use of JUBEL Services

The JUBEL service is provided through a mobile application (referred to as the "App"). All websites, subdomains, aliases, mobile applications, background applications, web services, and integrations into third-party websites where the JUBEL service is available are hereinafter collectively referred to as the "JUBEL Services".

These general conditions for the use of JUBEL Services regulate the contractual relationship between you (hereinafter also referred to as "Member") and Nordility UG (haftungsbeschränkt) (hereinafter referred to as "Nordility", "we", or "us").

The general conditions for the use of JUBEL Services and any additional terms for the use of specific applications are collectively referred to as the "Terms and Conditions".

By using the service, you agree to the following Terms and Conditions and the Privacy Policy of the JUBEL Services. This applies regardless of whether you access the JUBEL Services directly or through third-party services into which the JUBEL Services are integrated and through which the JUBEL Services are also accessible online.

The contract is concluded with Nordility UG (haftungsbeschränkt), Volksdorfer Damm 56a, 22359 Hamburg. Additional contact details, commercial register information, and the name of an authorized representative of Nordility can be found in the legal notice ("Impressum").

1 Scope of Contract and Basics for Using JUBEL

1.1 JUBEL is a service that offers a platform where Members can plan and describe sports and/or social activities, invite other Members to join, or participate in such planned activities themselves.

1.2 The core application of the JUBEL service is its social network. The profile page created by the Member within the social network (hereinafter referred to as the "Profile") represents the identity with which the Member appears and is represented within the service. Generally, a visible profile within the social network is required to use JUBEL.

1.3 The social network provides the Member with various options to showcase their profile and activities in the App and interact with other Members in real time.

1.4 A Member who registers for the social network initially acquires a free membership in the social network (hereinafter referred to as the "Free Membership").

1.5 The Member may have the option to upgrade their Free Membership to a paid membership in the social network (the paid membership in the social network is hereinafter referred to as the "Premium Membership"). The Premium Membership includes various additional and enhanced features compared to the Free Membership. The Free Membership and Premium Membership are collectively referred to as the "JUBEL Membership". Additional packages to the Premium Membership may also be offered, which the Member can add to their Premium Membership.

1.6 If and to the extent Nordility offers you the opportunity to add one or more additional services from third-party providers to your JUBEL Membership, either free of charge or for a fee, separate contracts independent of the JUBEL Membership will be established between you and the respective third-party providers. In particular, changes, discontinuation, other termination, or disruptions in the external services or the relationship between you and the third-party provider will have no impact on the contractual relationship between Nordility and you regarding the JUBEL Membership. The terms and conditions as well as privacy policies of the respective third-party providers, who act as independent contractors and contacts for Members, apply to such additional services.

2 Conclusion of Contract, Assurances at the Time of Contract Conclusion and Requirements for Use

2.1 By using JUBEL, you accept these Terms and Conditions. When utilizing paid services, you accept the associated payment obligation by clicking the confirmation field provided in such cases.

2.2 When you use the JUBEL Services, a user account with your profile is created. This establishes the contract for using JUBEL between you and Nordility. The user account initially involves a profile that is not visible at first within the social network. If the Member uses applications of the JUBEL Services that require a visible profile in the social network, the profile will become visible to other Members of the JUBEL Services.

Therefore, the following login details must be provided (hereinafter referred to as "Mandatory Information"):

1. (1) Personal email address;
2. (2) Username, first name, and last name;
3. (3) Gender;
4. (4) Date of birth;
5. (5) Profile picture;
6. (6) A password chosen by the Member that complies with the security requirements;
7. (7) Declaration of agreement to the present Terms and Conditions;
8. (8) Declaration of whether the Member wishes to receive personalized information (e.g., newsletters) in the future.

The aforementioned login details, except for the username, age (derived from the date of birth), profile picture, and gender, are not accessible to mere visitors, registered Members of the app, or third parties.

2.3 Optionally, the Member can provide additional profile data beyond the Mandatory Information (e.g., athletic level). This data is part of the profile and subject to the same visibility settings.

2.4 Each Member may only register once and create one profile.

2.5 There is no legal entitlement to registration as a Member of the JUBEL Services. Nordility reserves the right to reject a registration request by notifying the Member without providing reasons.

2.6 By successfully completing the initial registration process, you make an offer to conclude the contract for the use of the JUBEL Services. Nordility accepts this offer by activating your account for the JUBEL Services.

2.7 If the registration process is not fully completed, Nordility is entitled to irreversibly delete the incomplete account, including all information provided up to that point.

2.8 You confirm that you are at least 16 years old. If you are acting on behalf of a legal entity, you confirm that you are of legal age and authorized to act on behalf of the legal entity. Upon request, you will provide evidence of the information assured under this clause.

2.9 Nordility cannot technically guarantee that a Member registered on the JUBEL Services is indeed the person they claim to be. Nordility therefore does not warrant the actual identity of any Member.

2.10 The Member is obligated to keep the chosen password confidential. Nordility will not share the password with third parties, use it solely for login purposes, and will not ask for it at any other time. For security reasons and to prevent misuse, we recommend changing your password regularly. Safeguarding and storing login details for the JUBEL account (especially the password) is the sole responsibility of the Member.

2.11 Each individual may only create one user profile. The Member must not allow third parties to use their profile.

3 Right of Withdrawal for Consumers

If the Member registers with JUBEL for purposes that are not predominantly related to their trade or independent professional activity, the following provisions apply to the Member as a consumer within the meaning of the law (§ 13 German Civil Code):

3.1 The Member has the right to with draw in written form (e.g. letter, e-mail) from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise the right of withdrawal, you must contact:

To meet the withdrawal deadline, it is sufficient to send your notice of withdrawal before the end of the withdrawal period.

3.2 If the Member withdraws from this contract, Nordility will refund all payments received from the Member, including delivery costs (except for additional costs resulting from the Member's choice of a delivery method other than the least expensive standard delivery offered), without undue delay and no later than fourteen days from the day Nordility receives the withdrawal notice. Refunds will be processed using the same payment method as the original transaction unless explicitly agreed otherwise. No fees will be charged for the refund.

3.3 If the Member requests the provision of services to begin during the withdrawal period, the Member must pay an appropriate amount for the services provided up to the point of notifying Nordility of their withdrawal.

3.4 Exclusion:

The right of withdrawal does not apply if you act predominantly in a commercial or self-employed professional capacity when concluding the legal transaction, and are therefore considered an entrepreneur (§ 14 German Civil Code).

The right of withdrawal with Nordility does not apply to contracts concluded between the Member and a third party. Any withdrawal rights must be exercised directly with the third party.

Additional Important Notes:

The Member expressly agrees that Nordility may begin providing the service before the withdrawal period ends.

4 General Member Obligations and Specific Provisions for Use of the Social Network

4.1 The Member is obligated to:

1. a) Provide truthful and non-misleading information and use their real name rather than pseudonyms or stage names;
2. b) Use an appropriate profile picture where it is clearly recognizable and ensure that the public display of the photo complies with applicable law. The use of photos or images of others, non-existent persons, animals, fantasy figures, or logos as a profile picture is prohibited;
3. c) Comply with applicable law and the rights of third parties when using the JUBEL services. Specifically, the following actions are prohibited:
• • Using offensive or defamatory content, whether it targets other members, Nordility employees, or other persons or entities;
• • Sharing or promoting content that is pornographic, glorifies violence, is abusive, immoral, or violates youth protection laws; or marketing, offering, or distributing such content or associated goods and services;
• • Harassing other members, particularly through spam (see Section 7 of the German Act Against Unfair Competition – UWG);
• • Using content protected by law (e.g., copyright, trademarks, patents) without authorization, or marketing, offering, or distributing such goods and services without permission;
• • Engaging in or promoting unfair business practices, including chain letters, pyramid schemes, or other multi-level marketing structures.
4. d) Avoid engaging in the following harassing actions, even if they do not violate specific laws:
• • Sending chain letters;
• • Conducting, promoting, or supporting network marketing strategies;
• • Engaging in suggestive or sexually charged communication (explicit or implicit);

4.2 The following actions are prohibited to the Member:

• • Using mechanisms, software, or scripts in connection with JUBEL services, unless authorized by Nordility. The direct or indirect promotion or distribution of such mechanisms, software or scripts is also prohibited. However, the member may use, advertise or distribute interfaces or software authorized by Nordility;
• • Blocking, overwriting, modifying, or copying content unless required for proper use of JUBEL services;
• • Distributing or publicly reproducing JUBEL content or member contributions unless explicitly permitted within the application or by the members concerned;
• • Performing actions that could impair the functionality of JUBEL’s infrastructure, especially actions causing undue strain;

4.3 Nordility is not obligated to provide data or information shared by a Member to other Members if it violates Sections 4.1 and 4.2. Nordility reserves the right to remove such data or information without prior notice.

5 Changes to Services and Terms of Conditions (ToC)

5.1 Nordility reserves the right to modify or offer alternative services unless such changes are unreasonable for the member. Modifications may occur to comply with applicable laws, address court or regulatory decisions, close security gaps, introduce advantageous changes for members, or implement technical or procedural adjustments without significant impact.

5.2 Changes with negligible impact on JUBEL’s functionality (e.g., graphic updates or rearrangements) are not considered substantive changes to services.

5.3 Nordility reserves the right to amend the Terms of Conditions unless unreasonable for the Member. Members will be notified of changes. If the Member does not object within six (6) weeks, the amended Terms of Conditions will be deemed accepted. Members will be informed of their right to object and the importance of the objection period.

5.4 ToC changes may occur for the following reasons:

• • To benefit the member;
• • Due to technical or procedural requirements without significant impact on the member;
• • To comply with applicable laws;
• • To address court or regulatory decisions;
• • To introduce new services or features requiring description in the ToC, without adversely affecting existing usage;

Nordility will provide information about such changes to the ToC, for example in the JUBEL Services.

5.5 The member’s right to terminate under Section 7 remains unaffected.

6 Fees, Billing, Invoicing, and Payment Terms

6.1 Members can pay invoices through methods offered by Nordility. If a payment cannot be processed, the Member is responsible for any costs incurred, including bank fees for returned payments, if they are at fault.

6.2 Nordility may issue invoices and reminders exclusively via electronic means. Members must promptly update Nordility with changes to their email address, billing address, or payment details via their profile settings.

6.3 Nordility reserves the right to switch billing from euros to the member’s local currency unless the Member objects.

6.4 Premium membership fees are due in advance upon invoicing for the entire membership period or billing cycle.

6.5 Nordility may increase premium membership fees at the start of a new billing cycle once per calendar year. Members will be notified at least six (6) weeks in advance. If a Member disagrees with the fee increase, they can object within three (3) weeks via the contact form, mail, or email. An objection is treated as a termination of the premium membership, ending at the end of the current minimum or billing period.

6.6 For credit card payments, Nordility may verify and authenticate the card with a small test transaction. This amount is typically released within 24 hours.

7 Duration, Termination of Contract, Sanctions, and Refunds of Prepaid Fees

7.1 Unless specific provisions apply to the duration and termination of certain applications or JUBEL memberships, either party may terminate the contract at any time.

7.2 Members and Nordility may terminate the free membership at any time without providing reasons. To protect Members from unauthorized deletion of their profiles by third parties, Nordility may perform identity verification upon termination, such as by requesting the username and an email address registered with JUBEL.

7.3 The premium membership initially runs for the minimum subscription period booked by the member. Afterward, it automatically extends indefinitely (with billing periods of one month each) unless terminated in due time by the Member or Nordility. Both the member and Nordility may terminate the premium membership without providing reasons, effective at the end of the minimum subscription period selected during registration or the subsequent billing period. Termination may be carried out via letter, email, contact form, or the online cancellation button. After termination of the premium membership, the free membership remains available until further termination, but the additional features of the premium membership are no longer accessible.

7.4 Even with specific provisions regarding duration and termination, both parties retain the right to terminate the contract extraordinarily at any time for cause. Cause is defined as circumstances that render the continuation of the contract unreasonable for the terminating party, considering all case-specific factors and both parties' interests. For Nordility, cause for termination includes:

1. (a) Violation of laws by the Member;
2. (b) Breach of contractual obligations by the Member;
3. (c) Significant harm to the reputation of JUBEL Services due to the Member's presence (e.g., if it becomes known post-registration that the Member was convicted of a willful crime and this is public knowledge);
4. (d) The Member promoting organizations or methods under scrutiny by security or child protection authorities;
5. (e) The member harming one or more other Members;
6. (f) The member being part of a sect or controversial religious group in Germany;

7.5 If there is cause under these provisions as per this Section 7.4, Nordility may impose sanctions, including:

1. a) Deleting content uploaded by the Member;
2. b) Blocking access to the JUBEL Service or specific applications;
3. c) Issuing a warning;

7.6 Refunds of prepaid fees are excluded unless the Member terminates due to cause attributable to Nordility. In particular, no refund is provided if:

1. a) Nordility terminates the contract for cause;
2. b) Nordility suspends the Member's access per the above terms;

8 Responsibility for Content, Data, and Information Provided by Members; Service Availability

8.1 Nordility assumes no responsibility for content, data, or information provided by members of JUBEL Services or for content on linked external websites. In particular, Nordility does not guarantee the accuracy, suitability, or specific purpose of such content.

8.2 Members may report illegal or contract-violating use of JUBEL Services. This reporting option is also open to third parties. Nordility will promptly inform both the reporter and the member responsible for the reported content of any actions taken, including reasons for its decision.

8.3 Nordility has no obligation to prevent the storage of publicly accessible data or content by third parties, as permitted by applicable terms, privacy policies, or member settings.

8.4 JUBEL Services provide a platform without direct involvement in member interactions, except for moderation in certain cases. Contracts made between members through JUBEL are solely their responsibility, with Nordility neither participating in nor being liable for such agreements.

8.5 Members acknowledge that 100% availability of JUBEL Services is technically unfeasible. Maintenance, security, capacity constraints, and events outside Nordility's control (e.g., network disruptions, power outages) may lead to disruptions or temporary service suspensions.

9 Liability of Nordility

9.1 Nordility will be liable without limitation for damages resulting from injury to life, limb or health which occur due to a breach of duty by Nordility or one of its legal representatives or vicarious agents. Nordility will also be liable without limitation for damages owing to a lack of a characteristic warranted by Nordility or due to malicious conduct by Nordility. In addition, Nordility will be liable without limitation for damages due to intent or gross negligence by Nordility or one of its legal representatives or vicarious agents.

9.2 Apart from the cases set out in sections 9.1 and 9.3, Nordility’s liability will be limited to typical foreseeable contractual damages in the event of a breach of any of its cardinal contractual duties due to slight negligence. Cardinal contractual duties are an abstract description of those obligations whose fulfillment is indispensable for the proper implementation of an agreement and on whose fulfillment the contracting parties can usually rely. Any other liability on the part of Nordility is excluded.

9.3 Liability pursuant to the German Product Liability Act shall remain unaffected.

10 Principle of Self-Responsibility

10.1 Members acknowledge their responsibility to assess their abilities, their equipment as well as the feather conditions before engaging in activities offered through JUBEL. Accordingly, Nordility accepts no responsibility or liability for:

• • The member's physical fitness to perform the selected activity.
• • The suitability of the member's equipment.
• • Weather conditions allowing the activity without significant risk.
• • Accuracy of location or route information.

10.2 The member is also aware that individual activities proposed on the JUBEL Service may - for whatever reason - be subject to temporary or longer-lasting closures (e.g. by the local authorities due to avalanche warnings). It is therefore the sole responsibility of the member to pay sufficient attention to local (official) orders regarding the closure of a location or route (e.g. on the Internet, radio and TV about avalanche risks) and to adapt his/her behavior accordingly.

10.3 The provisions on Nordility's liability set out in Section 9 above remain unaffected by the provisions of this Section 10.

11 Data Processing

11.1 The collection, processing, and use of personal data occur only with the member's consent or as permitted by law, particularly to fulfill contractual obligations. Nordility processes personal data to offer tailored features and facilitate interaction within the network (e.g. Nordility provides certain information, offers, recommendations and services on the basis of collected data and promotes interaction in the user's network). In order to provide the services, it is necessary to process and utilize the member's personal data.

11.2 Members may share personal data with others or revoke access at their own risk.

11.3 Depending on the selected Premium Membership or the selected additional package, further personal data may be collected, processed and used to provide the services and functions in connection with the selected Premium Membership or the selected additional package. This data will continue to be stored for the duration of the JUBEL membership even if the use of the selected premium membership or the selected additional package is terminated, unless the member deletes the data beforehand. This is done in particular to enable the member to continue using the data already entered when using the Premium Membership or the additional package again at a later date. The assertion of data subject rights within the meaning of Art. 12 et seq. GDPR remains unaffected.

12 Applicable Law, Jurisdiction, and Miscellaneous

12.1 Nordility may use subcontractors while remaining responsible for its obligations

12.2 Nordility’s rights and obligations may be assigned to third parties.

12.3 Nordility’s communication with members may occur via email, letter, or the private JUBEL mailbox.

12.4 Nordility does not participate in consumer arbitration proceedings.

12.5 The place of performance is Nordility's headquarters.

12.6 The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the registered office of Nordility.

12.7 German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law. The mandatory consumer protection law of the European member state in which a user has his habitual residence remains unaffected.