Terms & Conditions

Below you will find the terms and conditions for the website FiNiFuchs, which are divided into the following sections:

A. General Terms and Conditions
B. Special Terms and Conditions for Posting User Content
C. Special Terms and Conditions for Registered Users


A. General Terms and Conditions

  1. Service Provider and Contact The service provider of the FiNiFuchs website is:
    Werdermann Marketing Consult (hereinafter referred to as FiNiFuchs within the scope of this project)
    Constanze Werdermann
    Herrenlandstr. 1/2
    D-78315 Radolfzell

    Email: bewertung@finifuchs.de

    Tel. 07732-988 00 80
    Tax Number: St-Nr: 18086/95193
    VAT ID No. DE329487982

  2. Applicability
    These terms and conditions apply to non-registered users in their respective current version when using the FiNiFuchs website. For registered users, these terms and conditions apply in the version valid at the time of registration, subject to later changes according to Clause C.

  3. Provision of Services
    (1) FiNiFuchs is constantly striving to ensure the proper operation of the services, but does not guarantee uninterrupted usability or accessibility of the services and is not liable for technically induced delays, interruptions, or failures.
    (2) FiNiFuchs reserves the right to make changes, additions, or deletions to the provided information without prior notice, as well as to block, modify, supplement, delete, or temporarily or permanently discontinue websites.
    (3) Any attempt to disrupt the correct functioning of the FiNiFuchs website is prohibited. In particular, it is prohibited to attempt to bypass security features, make changes to computer systems, servers, routers, or other devices connected to the internet, gain unauthorized access to such devices, or interfere with the function of these systems/devices in any way.

  4. Own Content
    FiNiFuchs is responsible for its own content accessible within the scope of the service, in accordance with the general laws. The limitations of liability according to the following Clause A.6 apply.

    • Reviews of rehabilitation aids
    • Blog comments
    • Forum contributions
    • Image comments
    • User profiles.

  5. (1) Numerous contents available on the FiNiFuchs website are provided by users. This includes, in particular:

  6. (4) If FiNiFuchs is informed of any violations of the law and/or infringements, we will promptly conduct the necessary investigations and, if applicable, take further measures. We reserve the right to block and/or permanently remove User Content in such cases.

  7. Warranty / Liability (1) We do not assume any warranty for the completeness, timeliness, correctness, lawfulness, or other quality of the information provided on the FiNiFuchs website. FiNiFuchs provides this information solely as guidance for the user, even if it is compiled to the best of our knowledge and belief. The user must be aware that this information can change at any time. Therefore, the user should contact appropriate sources that can ensure the accuracy, completeness, and timeliness of the information, such as manufacturers of rehabilitation aids. (2) Additionally, FiNiFuchs does not guarantee that the contents displayed on the FiNiFuchs website are free from viruses or other harmful codes/data arrangements that may have a destructive or impairing effect. The user is responsible for protecting their data processing equipment accordingly. (3) FiNiFuchs is liable for contractual or non-contractual claims only in case of intentional or grossly negligent actions and for damages resulting from slight negligence regarding obligations whose fulfillment is essential for the proper execution of the contract and on which the contracting party may rely (cardinal obligations). In the latter case, liability is limited to foreseeable damages typical for this type of contract at the time of contract conclusion. The above limitations of liability do not apply in cases of injury to life, body, and health, within the scope of the Product Liability Act, and in cases of explicit guarantees.

  8. Copyright (1) The contents/data published on the FiNiFuchs website (e.g., software, products, trademarks such as logos, information, reports, images, illustrations) are legally protected. The reproduction, public dissemination, or any other use or exploitation of such protected contents without the consent of the respective right holder is generally not permissible. Only personal, non-commercial use within the scope of the purpose of the offer is permitted, unless exceptions arise from the law. (2) If you suspect that your rights are violated on or by the FiNiFuchs website, please inform us promptly at bewertung@finifuchs.de so that appropriate action can be taken expeditiously.

  9. These contents published by users are collectively referred to as "User Content."

    (2) It is pointed out that the publication of User Content on FiNiFuchs.de does not represent any statement, assertion, evaluation, or recommendation on our part. FiNiFuchs does not endorse the User Content and does not warrant that these contents are lawful, accurate, up-to-date, and/or complete.

    (3) FiNiFuchs is not obliged and not capable of comprehensively examining, monitoring, and/or researching the legality of User Content or any circumstances that may indicate illegal activities.

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        Data Protection

    (1) Data protection is an important concern for us. Any personal data that the user provides via the FiNiFuchs website will be used in accordance with applicable data protection regulations and our privacy policy.

    (2) Our privacy policy applies in particular.

    (3) The extraction, storage, or disclosure of personal data of other users for purposes other than the intended use of the service is prohibited. Users shall treat information about other users and communication content that becomes known to them as confidential, unless it has been published by the respective user.

    B. Specific Terms and Conditions for Posting User Content

        Publication Possibility

    (1) FiNiFuchs grants the user (revocable at any time) the opportunity to publish certain content (see Clause A.5.(1)) on the FiNiFuchs website so that other users can access it. This opportunity is generally provided free of charge; exceptions require a separate agreement.

    (2) The conditions for the publication of such content, including the indication and confirmation of a user-assigned email address or the requirement of prior registration, are based on the respective functionality of the FiNiFuchs website and may be designed and modified by FiNiFuchs at its discretion.

    (3) The minimum age for posting user content is 14 years.

        User's Obligations

    (1) The user undertakes not to post content that is:
    - False,
    - Offensive, threatening, coercive, defamatory, glorifying violence,
    - Pornographic, harmful to young people, racist, inciting hatred, or otherwise illegal,
    - Infringing on the rights of third parties, such as copyrights, trademarks, patents, proprietary rights, personal rights, data protection rights, or property rights.

    (2) No user is allowed to send data or store it on a data carrier provided by FiNiFuchs if, due to its nature, type, size, or quantity, it is capable of impairing the functionality of FiNiFuchs' computer systems or those of third parties, or of violating their rights (e.g., viruses, trojans, spam emails, etc.).

    (3) Users are not permitted to advertise to other users or third parties through the FiNiFuchs website. This also includes setting corresponding links and, in particular, advertising for chain letters, gifting circles, surveys, pyramid and snowball systems, as well as for the purchase of securities. The positive presentation of rehabilitation aids is not considered advertising in this sense if the special requirements for reviews (see below (4)) are met.

    (4) With regard to rehabilitation aid reviews (including evaluative statements in user profiles, forum contributions, image comments, images, or videos), the user commits, in particular:
    - To ensure accurate and correct allocation of their review to a rehabilitation aid or other product,
    - To submit a review only if they have personally used the product being reviewed,
    - Not to submit a review or post an image/video if they are an employee, owner, or operator of the product being reviewed, or a family member acting on their behalf. The same applies to employees of rehabilitation aid manufacturers or other companies economically linked to the reviewed product, as well as their family members or agents.
    - Not to make false factual statements about products, processes, or other circumstances,
    - Not to provide value judgments that primarily focus on personal defamation or serve purposes other than providing other users of rehabilitation aids with an authentic impression regarding a rehabilitation aid or related services and circumstances,
    - Not to publish content in exchange for payment or material benefits (exceptions include low-value incentives provided in a reasonable relationship to the effort of providing the review and granted independently of the content of the review),
    - Not to post images or videos that show identifiable persons,
    - Not to violate the personality rights of other individuals through identifying representations in posted texts.

    (5) If a user violates these terms of use, FiNiFuchs is entitled to delete or block content without notifying the user or giving reasons. The same applies in the event of reasonable suspicion of such violations. All other rights and claims remain unaffected.

    (6) Users are advised to keep backup copies of all content they publish or make accessible on the FiNiFuchs website on their own computer system since FiNiFuchs is not liable for data loss.

        Grant of Rights

    (1) The user grants FiNiFuchs the right, free of charge and on a non-exclusive basis, to store, reproduce, and publish these user contents at any location on FiNiFuchs or in other telecommunication and print media under its responsibility, in particular to make them publicly accessible and to reproduce them in other ways.

    FiNiFuchs is also entitled to:
    - Use the content for the purpose of online advertising for its own offers and third-party offers,
    - Sub-license the right to third parties, to the extent that the use of the content on third-party online platforms requires FiNiFuchs to grant rights to the content to those third parties, and to sub-license the content to companies affiliated with FiNiFuchs.

    FiNiFuchs may also edit the contents while preserving any copyright-related rights (in particular, by shortening, trimming, reformatting, translating, or providing images/videos with comments/instructions).

    (2) The user ensures that they hold the necessary rights, particularly copyright, to the user contents to grant FiNiFuchs the rights according to paragraph (1). It is the sole responsibility of the user to acquire the necessary rights to post the user contents on FiNiFuchs. In general, a user holds the necessary rights only if they have created the content in question themselves.

    (3) The grant of rights pursuant to paragraph (1) is unlimited in time unless the user demonstrates circumstances that make the continued availability of the content appear unreasonable for the future (e.g., due to significant disadvantages).
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        Indemnification

    The user undertakes to indemnify FiNiFuchs from all claims by third parties, including reasonable or legally stipulated costs of legal defense, arising from a culpable violation of user obligations according to Clause 2 or the warranty according to Clause 3(2). The user shall support FiNiFuchs in defending against such claims, in particular by providing all necessary information for the defense.

    C. Specific Terms and Conditions for Registered Users

        Registration

    (1) Creating a user account (registration) is possible for:
    - All users within the scope of the "User Area" function,
    - Rehabilitation aid representatives and producers within the scope of the "Partner Access" function.

    (2) Users of FiNiFuchs who wish to register must be at least 14 years old.

    (3) Each user undertakes to provide correct and complete information within the scope of their registration and, in particular, not to violate the rights of third parties. Violation of the rights of third parties occurs, among other things, when personal information or other data of third parties is used without their consent, such as their name or email address. Multiple registrations are not permitted. Registered users can change or update their login information at any time.

    (4) Registered users are responsible for maintaining the confidentiality of their provided or chosen access information (especially passwords) and are responsible to both FiNiFuchs and third parties for their use. Each registered user is obligated to promptly notify FiNiFuchs in case of loss or unauthorized use of their access information. FiNiFuchs is entitled to block access to registration-required services on the FiNiFuchs website if there is suspicion that the password is being used by unauthorized third parties; the user will be informed accordingly.

        Specific Obligations for Using Contact Forms

    The user undertakes, in the event of contact with third parties through the contact forms and/or private messaging systems available on the FiNiFuchs website, not to write/send content that violates the provisions of Clause B.2.(1) - (3).

        Consequences of Violations

    (1) In the event of violations of these terms of use, FiNiFuchs may delete content and information posted by the user or otherwise associated with them. Furthermore, FiNiFuchs may temporarily or permanently exclude the user from using the service.

    (2) In the case of a culpable violation of these terms of use, the user is also legally liable to FiNiFuchs for the reimbursement of all resulting direct and indirect damages, including financial losses. All other claims remain reserved.

        Termination / Termination of Registration

    (1) Registration can be terminated at any time without observing a notice period by deleting the account or by sending an email to FiNiFuchs.

    (2) FiNiFuchs appreciates every active user but reserves the right to terminate registration with a two-week notice period without providing reasons. The right to terminate without notice for good cause remains unaffected. Good cause includes, in particular, a violation of the user's obligations according to these terms of use.

    (3) In the event of termination or other termination of the contract, FiNiFuchs is entitled but not obligated to block or delete user content posted by the user.