for the provision of services by cocoduro GmbH, Dachauer Str 70, 80335 Munich, E-Mail: hi@cocotree.ai (hereinafter "Contractor") towards its customers (hereinafter "Client")
General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor including these GTC.
1.2 If, in addition to these GTC, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of those additional contractual documents shall take precedence over these GTC in the event of a conflict.
1.3 The Contractor does not accept any terms and conditions deviating from these GTC that are used by the Client – subject to explicit consent.
Subject of the Contract and Scope of Services
2.1 The Contractor provides the following services to the Client as an independent entrepreneur:
cocotree is a platform for recipe management, branded recipe pages, audience building (e.g. email capture and newsletters), and affiliate and monetization tools for food creators.
2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible care and diligence in accordance with the latest state of the art, rules, and knowledge.
2.4 The Contractor is obligated to provide the contractually owed services. However, in carrying out his activities he is not subject to any instructions regarding the manner in which the services are provided, the place of performance, or the time of performance. Nevertheless, when scheduling the working days and the time allocation on those days, he will determine these himself in such a way that optimal efficiency in his activities and in the realization of the subject of the contract is achieved. The performance of services by the Contractor shall take place solely in consultation and coordination with the Client.
3. Obligations to Cooperate by the Client
It is the responsibility of the Client to provide the information, data, and other content required for the fulfillment of the service completely and correctly. The Contractor shall not be responsible in any way for delays in the provision of services that arise due to delayed and necessary cooperation or assistance by the Client; the provisions under the heading "Liability/Indemnification" remain unaffected.
4. Remuneration
4.1 The remuneration shall be agreed individually by contract.
4.2 The remuneration is to be paid after the services have been rendered. If the remuneration is calculated according to time periods, it shall be paid after the expiration of the respective time periods (§ 614 BGB). In the case of effort-based billing, the Contractor is entitled, unless otherwise agreed, to invoice the services rendered on a monthly basis.
4.3 After the services have been rendered, the Contractor shall issue the Client with an invoice by post or by e-mail (e.g., as a PDF). The remuneration is due for payment within 14 days after receipt of the invoice.
5. Liability / Indemnification
5.1 The Contractor shall be liable without limitation on any legal grounds in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body, or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability. If the Contractor negligently breaches an essential contractual obligation, liability shall be limited to the typical, foreseeable damage under the contract, unless liability is unlimited in accordance with the preceding sentence. Essential contractual obligations are obligations that the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Client may regularly rely. Otherwise, liability of the Contractor is excluded. The above liability provisions also apply with regard to the liability of the Contractor for his vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any claims by third parties that are asserted against the Contractor due to violations by the Client of these contractual conditions or applicable law.
6. Contract Duration and Termination
6.1 The contract duration and the notice periods for ordinary termination shall be agreed individually by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 After termination of the contract, the Contractor shall immediately return or destroy all documents and other content provided to him, at the Client's choice. The assertion of a right of retention in this regard is excluded. Electronic data must be deleted completely. Excluded from this are documents and data for which a longer statutory retention obligation exists, but only until the end of the respective retention period. Upon request, the Contractor shall confirm the deletion to the company in writing.
7. Confidentiality and Data Protection
7.1 The Contractor shall treat all processes that become known to him in connection with the assignment strictly confidentially. The Contractor undertakes to impose the confidentiality obligation on all employees and / or third parties who have access to the contractual information. The confidentiality obligation shall apply for an unlimited period beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations when carrying out the assignment – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.
8. Final Provisions
8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the CISG.
8.2 Should a provision of these GTC be or become invalid, the validity of the remaining provisions of the GTC shall remain unaffected.
8.3 The Client shall support the Contractor in the provision of his contractual services through reasonable cooperation, where necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfill the assignment.
8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or if the Client has no general place of jurisdiction in Germany, the parties agree that the registered office of the Contractor shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business or corporate strategy) and while observing an appropriate notice period. Existing customers will be notified of this by e-mail at least two weeks before the amendment comes into effect. If the existing customer does not object within the period specified in the amendment notification, their consent to the amendment shall be deemed to have been granted. If the customer objects, the amendments shall not come into effect; in this case the Contractor is entitled to terminate the contract extraordinarily at the time the amendment comes into effect. The notification of the intended amendment to these GTC will inform about the deadline and the consequences of objection or failure to object.
9. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in consumer dispute resolution proceedings in accordance with the VSBG.
Our e-mail address can be found in the heading of these GTC.