Terms and Conditions

2Ki Software GmbH offers providers a simple and fast way to market and provide their resources or services. These resources or services may, in particular, involve objects, areas, rooms, or the offering of services. These resources or services can be offered free of charge or subject to a fee.

2Ki Software GmbH is neither the creator nor the organizer or owner of the resources or services listed by the providers. 2Ki Software GmbH merely provides the Chronize-App for the brokering of these resources or services and enables the provider to manage, advertise, and broker their resources or services in this way. 2Ki Software GmbH supports the bringing together of providers and end customers.

The provider bears sole responsibility for ensuring that all offers of resources or services comply with applicable regulations, ordinances, and laws and are properly provided within the scope of the offered presentation.

Chronize may not be used for the brokering of offensive, harmful, violent, or illegal resources or services. A more detailed description of prohibited resources or services is contained in our information sheet on the offer of prohibited resources or services.

In order to offer resources or services on 2Ki Software GmbH, registration is required. As part of the registration process, these GTC must be confirmed separately by clicking the designated button.

Providers can be entrepreneurs within the meaning of Section 14 BGB, associations, institutions under public law, as well as special funds under public law, or private individuals.

The data provided during registration must be truthful, accurate, up-to-date, and complete in order to use the service of 2Ki Software GmbH. In addition, the provider is obliged to keep their registration data up to date.

After proper registration, the provider can select a paid subscription plan. The provider can view the respective conditions of the various subscription plans on 2ki-software.com or chronize.de/com. The provider is solely responsible for selecting an appropriate subscription plan.

By registering via the input field on the Chronize-App of 2Ki Software GmbH and selecting a subscription plan, the provider submits an offer to conclude a contract for the use of the Chronize-App. 2Ki Software GmbH is free to accept or reject this offer. There is no entitlement to the conclusion of a contract. In the event the offer is rejected, 2Ki Software GmbH is entitled to delete the provider's registration data.

The contract between 2Ki Software GmbH and the provider is concluded upon (i) the acceptance of the provider's offer by e-mail, (ii) the activation of the user account, or (iii) the use of the Chronize-App by the provider. The provider is entitled to use the Chronize-App within the scope of the subscription plan they have booked.

The provider must comply with state-of-the-art security requirements. This includes, in particular, the use of secure passwords. In addition to maintaining the confidentiality of passwords, the unauthorized use of the Chronize-App by third parties must be prevented.

If misuse of access data or passwords is known or suspected, 2Ki Software GmbH must be informed immediately. In this case, 2Ki Software GmbH is entitled to block access to the Chronize-App until the circumstances have been clarified and the misuse has been stopped. The provider is liable for any misuse of access to the Chronize-App for which they are responsible.

The provider must create and maintain the technical prerequisites for access to the Chronize-App. This applies in particular with regard to the hardware and operating system software used, the internet connection, and the current browser software.

2Ki Software GmbH enables the provider to broker resources or services by using the Chronize-App. The provider is not permitted to enter and process the resources or services of other contracting parties as a service provider in the Chronize-App without concluding a corresponding supplementary agreement with 2Ki Software GmbH.

2Ki Software GmbH grants the provider a simple (non-exclusive) and non-transferable right of use to the Chronize-App provided by 2Ki Software GmbH for the duration of this contract.

2Ki Software GmbH reserves the right to make modifications to adapt the Chronize-App to the state of the art, modifications for optimization—in particular to improve user-friendliness and expand the range of functions—as well as modifications to content. 2Ki Software GmbH will inform the provider of any material changes.

2Ki Software GmbH ensures an annual availability of 99.9%. It is possible that the providers' access to the service offered by 2Ki Software GmbH may occasionally be interrupted or restricted to allow for repair work, maintenance, or the introduction of new facilities or services. The frequency and duration of each of these temporary interruptions and restrictions will be kept to a minimum. This exclusion of liability does not apply if 2Ki Software GmbH caused the interruption intentionally or through gross negligence.

The entry of the necessary data for the brokering of resources or services on the Chronize-App is carried out by the provider themselves on their own responsibility. The provider must describe their offer truthfully, stating all relevant features and characteristics in words and, if applicable, pictures. 2Ki Software GmbH supports the provider in this regard through appropriate application support (available via e-mail during the standard business hours of 2Ki Software GmbH).

The contracting party bears responsibility for all inputs they place in the Chronize-App, in particular also for the availability of the resources or services, uploaded image material, and advertising copy used.

The provider grants 2Ki Software GmbH the temporally limited right to edit logos and image material uploaded by the provider in order to adapt it for the respective form of use. 2Ki Software GmbH is entitled to remove materials of the provider insofar as third parties comprehensively allege a violation of their rights through this use or if other important reasons exist.

The provider grants 2Ki Software GmbH the temporally unlimited (perpetual) right to use logos and image material free of charge for the promotion of the Chronize-App on all communication channels, e.g., in booklets, on posters, advertisements, and other advertising media as well as on the internet (e.g., 2ki-software.com or chronize.de/com). Alterations to the logo may only be carried out by 2Ki Software GmbH after consultation with the provider.

Where applicable, the provider shall supply 2Ki Software GmbH with the data required for a legal notice (Impressum) within the meaning of Section 5 of the German Telemedia Act (TMG) and guarantees that this information is accurate and complete.

Providers who use 2Ki Software GmbH as commercial providers or otherwise on a business basis are subject to special statutory regulations. Among other things, they are obliged to fulfill statutory information duties and, in particular, to provide complete provider identification that meets statutory requirements.

Providers are prohibited from posting advertisements, texts, images, or other content that violates statutory provisions, these General Terms and Conditions, the rights of third parties, or common decency. In particular, it is prohibited to publish content

• that violates copyright, trademark, and competition law regulations or statutory provisions on the protection of minors.
• that violates the terms contained in our information sheet on the offer of prohibited resources or services, or
• that contains untrue statements or is otherwise misleading.

The provider guarantees that they are the owner of all rights to the content, logos, images, etc. made available to 2Ki Software GmbH.

The provider grants 2Ki Software GmbH the right to place, advertise, or highlight the managed resources or services on the Chronize-App at its own discretion. The main parameters for ranking on the Chronize-App are, in descending order:

• Match with the search term used by the end customer
• Match with the property filters selected by the end customer
• Distance to the location specified by the end customer
• Availability in the period selected by the end customer
• Popularity of the resources or services (number of bookings within the last 30 days). A ranking according to the popularity of the resources or services only takes place if the end customer has not set a specific filter.

Resources or services booked via the Chronize-App are confirmed to the end customer via push message, directly, or via notification on the dashboard of the Chronize-App.

The provider authorizes 2Ki Software GmbH to issue booking confirmations on behalf of the provider.

The provider is free to decide in what form they carry out admission or access controls for their resources or services with regard to validating the legality of the use. 2Ki Software GmbH has no obligations in this respect. The costs of implementing suitable access control measures are borne by the provider.

The monthly fees for the use of the Chronize-App consist of a monthly base rate and possibly a usage fee for additional functions. The amount of the base rate and the usage fee depends on the scope of the booked service (subscription plan).

All prices are—unless expressly designated as gross prices—exclusive of the statutory value-added tax applicable at the relevant time.

Individual adaptations by 2Ki Software GmbH to the needs of the provider will be recorded in a separate agreement between 2Ki Software GmbH and the provider and invoiced on an individual contract basis.

The monthly base rate must be paid in advance by the provider no later than the third working day of the billing period. The usage fee will also be invoiced at the beginning or at the end of the respective billing period, depending on the booked service.

Invoices are transmitted in PDF format to the e-mail address provided by the provider for this purpose. The provider undertakes to always keep their registered e-mail address up to date and to establish the technical prerequisites for retrieving the invoices.

Invoices are deemed to have been received upon arrival in the provider's e-mail inbox and are due for payment immediately upon receipt without deduction.

If the subscription plan booked by the provider is expanded to include additional content after the conclusion of the contract, 2Ki Software GmbH is entitled to appropriately increase the remuneration in accordance with the type and scope of the expansion with a notice period of six weeks prior to the time of entry into force. Insignificant expansions are disregarded. In the announcement, 2Ki Software GmbH will inform the provider in writing or in text form about the expansion, the increase in remuneration, and the time of its entry into force, as well as about the provider's special right of termination in accordance with Section 14 Paragraph 5, the notice period, and the consequences of a termination not declared in due time.

Without prejudice to Paragraph 1, 2Ki Software GmbH is entitled to appropriately increase the remuneration for a subscription plan with a notice period of six weeks prior to the time of entry into force, provided that after the conclusion of the contract either the costs necessary for the provision of the service, in particular the costs of maintenance, servicing, and further development of the technical and personnel infrastructure used for the provision of the service—also taking into account any cost savings that may have occurred—have increased overall. In the announcement, 2Ki Software GmbH will inform the provider in writing or in text form about the cost increase, the increase in remuneration, and the time of its entry into force, as well as about the customer's special right of termination in accordance with Section 14 Paragraph 5, the notice period, and the consequences of a termination not declared in due time.

2Ki Software GmbH is entitled to delete published resources or services in whole or in part, or to delay or not carry out the publication of resources or services as well as other content of the provider, if there are concrete indications that the offer of the resource or service violates these General Terms and Conditions or statutory provisions. A justification for the decision leading to the aforementioned restrictions will be sent directly to the provider via e-mail. This does not apply if 2Ki Software GmbH is not permitted to disclose the specific facts or circumstances and the respective reason due to legally or officially mandated obligations, or if 2Ki Software GmbH can prove that the affected provider has repeatedly violated the applicable General Terms and Conditions.

In the event of a proven violation of these General Terms and Conditions or statutory provisions, 2Ki Software GmbH is entitled to permanently block the user account. The provider will be informed of the blocking, stating the reasons relevant to the block.

If the provider defaults on the payment of two monthly base installments or on the settlement of a negative balance in the amount of more than two monthly base installments, 2Ki Software GmbH is entitled to block the provider's user account until the outstanding claims have been settled in full. If no monthly base fee is owed, this right exists if the provider is in default with a claim totaling €100.00.

2Ki Software GmbH is granted the right to restrict or terminate the provision of the Chronize-App in whole or in part, as well as to delay the publication of resources or services, if this is necessary with regard to capacity limitations, the security or integrity of the servers, or to carry out technical measures. The provider will be informed of this.

In cases under Section 6 Paragraph 1, the provider has the opportunity to clarify the facts to 2Ki Software GmbH.

2Ki Software GmbH is aware of the importance of the personal information of the provider and the end customer. The corresponding privacy policy provides information about the collection and processing of personal data via the Chronize-App.

2Ki Software GmbH processes the end-user data as a commissioned data processor and exclusively for the purpose of providing the contractual service on behalf of and according to the instructions of the provider. 2Ki Software GmbH takes appropriate technical and organizational measures to protect customer data. The provider remains the controller within the meaning of data protection law and is responsible for the legality of the collection, processing, and use of the end-user data in accordance with statutory provisions, in particular the GDPR. Further details are governed by the Data Processing Agreement between 2Ki Software GmbH and the provider.

The provider has access on the Chronize-App to all booking and customer data concerning their managed resources or services. The provider is responsible for handling this data in compliance with data protection regulations.

The provider has access to their user data under the Chronize-App and can manage it independently.

The resources and services published and displayed on the Chronize-App do not reflect the opinion of 2Ki Software GmbH and are not checked by 2Ki Software GmbH for their legality, accuracy, and completeness.

There is no contractual relationship between 2Ki Software GmbH and the end customer regarding the execution of the booking. The provider shall indemnify 2Ki Software GmbH against all claims asserted against 2Ki Software GmbH by persons booking or other third parties due to cancellation, rescheduling, or other problems in connection with a booking of the provider.

2Ki Software GmbH is not liable for disruptions or damages of any kind caused by circumstances beyond its control which it could not foresee and avoid even with the application of commercial diligence. This applies in particular to damages caused by disruptions to lines, servers, and other facilities that do not fall under the area of responsibility of 2Ki Software GmbH.

2Ki Software GmbH also assumes no liability for damages incurred by the provider due to necessary measures for the adaptation of 2Ki Software GmbH in accordance with Section 4 of these General Terms and Conditions.

The liability of 2Ki Software GmbH for damages to the provider or end customer is excluded. This exclusion of liability does not affect liability for damages resulting from injury to life, body, or health, as well as other damages based on an intentional or grossly negligent breach of duty by 2Ki Software GmbH or a legal representative or vicarious agent of 2Ki Software GmbH.

Strict liability of 2Ki Software GmbH for defects existing at the time of the conclusion of the contract pursuant to Section 536a (1) sentence 1 of the German Civil Code (BGB) is excluded. It is the responsibility of the provider to report any occurring defects, malfunctions, or damages to 2Ki Software GmbH without delay.

Insofar as the liability of 2Ki Software GmbH is excluded or limited, this also applies to the liability of 2Ki Software GmbH for its legal representatives, vicarious agents, and assistants, as well as their personal liability.

The provider shall indemnify 2Ki Software GmbH against all claims asserted against 2Ki Software GmbH by other providers, end customers, or other third parties due to a violation of their rights by resources or services published by the provider. In this context, the provider bears the costs of the necessary legal defense, including all court and attorney fees of 2Ki Software GmbH at the statutory rate. The claim for indemnification does not exist if the provider is not responsible for the infringement of rights.

In the event of a claim by third parties, the provider undertakes, upon request by 2Ki Software GmbH, to provide immediately, truthfully, and completely all information for defense that is necessary for the examination of the claims and a defense.

Further liability on the part of the provider remains unaffected by this.

The contract concluded with 2Ki Software GmbH runs for an indefinite period and is concluded upon registration and acceptance of the subscription model on the Chronize-App.

Unless otherwise agreed, the contract concluded with 2Ki Software GmbH may be terminated by either party with a notice period of 30 days to the end of the month in text form or via the Chronize-App. The receipt by the contracting party is decisive for the timeliness of the termination.

2Ki Software GmbH is entitled to extraordinary termination without notice for good cause. This is the case, in particular, if the provider violates Section 1 Paragraph 4 or is in default with the payment of the agreed fees according to Section 8 in the amount of more than two monthly base installments, or with the settlement of a negative balance in the amount of more than two monthly base installments, and fails to settle the payment even after receiving a corresponding payment request. If no monthly base fee is owed, this right exists if the provider is in default with a claim totaling €100.00. In the event of a termination without notice, 2Ki Software GmbH is entitled to switch the provider to inactive status and immediately block their resources or services from being offered via the Chronize-App.

The provider is entitled to extraordinarily terminate the contractual relationship without notice if 2Ki Software GmbH, for its part, violates essential contractual provisions and the violation has not been remedied within a reasonable time despite a corresponding warning.

In the event of an increase in remuneration pursuant to Section 9 Paragraph 1 or 2, the provider is entitled to terminate the contract in writing or in text form within a period of four weeks after receipt of the announcement of the increase, with effect from the date the price increase takes effect. If the customer does not terminate, or does not terminate in due time, the contract shall be continued under the application of the increased remuneration. Other termination rights of the provider remain unaffected.

Upon termination of the contract, all resources and services posted by the provider will be removed from the Chronize-App and the user account will be deactivated. From this point in time, access to the user account by the provider or end customer will no longer be possible.

2Ki Software GmbH reserves the right to irrevocably deactivate and delete user accounts that have been inactive for a period of more than 12 months.

2Ki Software GmbH reserves the right to amend these General Terms and Conditions at any time, insofar as this is necessary for valid reasons, in particular due to a changed legal situation or supreme court rulings, technical changes or further developments, new organizational requirements of mass traffic, regulatory gaps in the General Terms and Conditions, changes in market conditions, or other equivalent reasons, and provided it does not unreasonably disadvantage the provider.

Amendments to the General Terms and Conditions will be communicated to the provider in writing or by e-mail at least 15 days before they enter into force. The amendments will take effect if the provider does not object in writing or by e-mail within a period of 15 days (starting with the receipt of the notification of amendment) and 2Ki Software GmbH has pointed out this legal consequence of the notification of amendment to the provider.

Longer deadlines will be granted to the provider if necessary technical or business changes must be made due to the modifications implemented.

The provider has the right to terminate the contract with 2Ki Software GmbH before the expiry of the period mentioned in paragraph 2.

The period according to Paragraph 2 does not apply if 2Ki Software GmbH:

• must make changes to the General Terms and Conditions due to statutory or officially mandated obligations in a manner that does not permit adherence to the period stipulated in paragraph 2;
• in exceptional cases, must amend its General Terms and Conditions to avert an unforeseen and imminent danger in order to protect the platform, the providers, or the users from fraud, malware, spam, data protection breaches, or other cybersecurity risks.

After receiving the notification pursuant to Paragraph 2, the provider may waive the 15-day period at any time, either through a written declaration or a clear affirmative action.

The posting of new resources or services on the Chronize-App before the expiry of the period is to be regarded as a clear affirmative action by which the period according to Paragraph 2 is waived, except in cases where a reasonable and proportionate period is more than 15 days because the provider must make significant technical adjustments to their resources or services due to the changes to the General Terms and Conditions. In these cases, the posting of new resources or services by the provider does not automatically constitute a waiver of the period.

2Ki Software GmbH offers providers free customer support, which is available for technical problems as well as for other concerns or complaints of the providers. Inquiries or complaints can be directed to 2Ki Software GmbH via the e-mail address info@2ki-software.de.

These GTC, the concluded contract, as well as all further agreements between 2Ki Software GmbH and the provider or end customer, shall be governed exclusively by the laws of the Federal Republic of Germany—excluding the conflict of laws rules of the EGBGB and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). Insofar as copies of these GTC have been produced in languages other than German, solely the German version is binding for 2Ki Software GmbH and the provider.

Oral collateral agreements and additions at the time of the conclusion of the contract do not exist. Collateral agreements, amendments, or additions must be made in writing to be effective. The waiver of the written form requirement also requires written form. The written form within the meaning of these GTC is also preserved by e-mail.

The place of performance is Ravensburg. The place of jurisdiction for disputes arising out of or in connection with the contractual relationship existing between 2Ki Software GmbH and the provider is Ravensburg.

Should individual provisions of these GTC be or become void or invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. The statutory provisions shall take the place of provisions of these GTC that are not included or are invalid. If a statutory provision is not available in the respective individual case, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as economically possible to the invalid provision.

For reasons of easier readability and comprehensibility, the feminine form is omitted. The exclusive use of the masculine form is explicitly to be understood as gender-neutral.