Terms of use for the Kumerle IT Solutions Developer Network

The use of our Kumerle IT Solutions Developer Network requires your acceptance to the following terms of use.


Kumerle IT Solutions (Owner Marc A. Kumerle), Sachsenhaeuser Landwehrweg 199, 60598 Frankfurt/Main, Phone: +49 (0)69 63803710, Mail: This email address is being protected from spambots. You need JavaScript enabled to view it. (hereinafter referred to as Service Provider) provides to its users under ‘www.kumerle.com’ (hereinafter referred to as Website or kumerle.com) a virtual marketplace for software engineering services (hereinafter referred to as Service or Marketplace). Users, who are looking for assistance on software development projects by other software developers (hereinafter referred to as Customers), may register and create a password protected user account on the Website in order to advertise their software development projects on the Marketplace. The Marketplace is only usable by registered users. Users, who are looking for tendered software development projects (hereinafter referred to as Developers), may register and create a password protected user account on the Website in order to publish a personal developer profile and to apply for tenders. Customers and developers are exclusively responsible for the contractual arrangement and finally for the contract processing. The Marketplace is not released for consumers. Only freelancers, tradespeople and companies are allowed to register on the Marketplace.

§ 1 Scope

1. The hereinafter described terms of use regulate the entire provisioning of services for the marketplace by the Service Provider for its users.

2. Users agree to these terms of use by any kind of usage of the offered services on the website.

3. The latest valid version of these terms of use can be read on the website.

4. Only the latest valid version of these terms of use applies to the Service Provider and its registered users regarding any kind of offered services on the marketplace. Other terms of use – if not explicitly accepted in written form – are not subject of the contractual or other relationship between the Service Provider and its users.

5. Any kind of changes on these terms of use will be announced prior 4 weeks before coming into effect, accompanied by additional information regarding the option of revocation for users. In the case of a timely raised revocation the previous terms of use will remain their validity in the relationship to the contradicting user.

§ 2 Availability

The content and services offered through the Marketplace are kept available for retrieval, subject to their availability and accessibility of the Website. The Service Provider is not responsible for outages in the context of change and maintenance activities as well as other restrictions on the availability of the content or the accessibility of the Website and thus any associated data losses. Claims for compensation of users are excluded in this respect. The Service Provider further reserves the right to restrict, change or terminate the offer without prior notice.

§ 3 Services

1. The Service Provider provides its users with a platform, through which organizers of software development projects and software developers can find each other. The Service Provider provides the space required for this as well as the communication infrastructure between Customers and Developers.

2. Registered and logged in users can use the Marketplace to advertise software development projects, to present themselves, and to connect through the provided functions (e.g., chat).

3. For correctness and completeness of a tender or a customer or developer profile, only the respective user is responsible. Users can publish their information directly on the marketplace by using the integrated functions. A substantive control of these contents by the Service Provider does not take place.

4. The information retrievable through the Marketplace (tenders for software development projects and customer and developer profiles) are only accessible by registered users.

5. The Marketplace provides a chat function for communication purposes between Customers and Developers. Apart from this function Customers and Developers are free to select any kind of methods and tools for information exchange between each other.

6. Chat histories can be read on the Website within the messaging app in the user’s profile. Chat histories are kept online for a maximum of 12 months and will be deleted after this period of time.

7. The contractual relationship for a tendered development project only comes about between Customer and Developer. The Service Provider is not involved in the contractual negotiations. The Service Provider only provides the necessary infrastructure to enable Customers and Developers to find each other and to communicate via the Marketplace with each other. Further details on coming about of contracts between Customers and Developers may also be looked up in § 10.

8. Registered users may claim chargeable as well as services free of charge on the Marketplace. If the user is to be about to claim any chargeable service, he will be explicitly informed prior to completion of the transaction about the chargeability and the due net price of the selected service. Further details on the utilization of chargeable services are regulated in § 8.

9. Any kind of utilization neither of chargeable nor of free of charge services on the Marketplace assumes a registration. Natural persons that are not at least 18 years old and/or with restricted legal capacity are not allowed to register on the Marketplace.

10. Only natural persons of a minimum age of 18 years, partnerships and legal persons, not occurring as a consumer according to Civil Code § 13 (German law) are entitled to register on the Marketplace.

§ 4 Liability

1. Claims for damages of users are generally excluded, except claims of damages for injuries on a user’s life, body or health or due to the violation of substantial contractual obligations, as well as the liability for other damages resulting on intentionally or grossly negligent caused contract violations by the Service Provider, its legal representatives or its vicarious agents. Substantial contractual obligations are only those, which are explicitly needed in order to fulfill the contract’s objective.

2. The Service Provider is only liable for the contract typical and predictable damage caused by a simple negligent violation of substantial contract obligations, except of claims for damages resulting on an injury of the user’s life, body or health.

3. The restrictions of the paragraphs 1 and 2 are also applied in favor for legal representatives and vicarious agents of the Service Provider, in the case of directly asserted claims against them.

§ 5 Creation of a user account

1. In order to tender software development projects, or to be able to apply for tendered projects, it is necessary to create a personal and password protected user account on the Website. The user is obliged to enter all personal data truthfully and completely.

2. The registration on and the utilization of the Marketplace is free of charge.

3. The user is obliged to store its login data as well as the password for its user account secure and separately in order to prevent access from third parties. The user is not authorized to grant access to its user account to third parties or to transfer the user account partly or in a whole to others.

4. The user has to report immediately any improper use or suspicion of an improper use of its user account in written form to the Service Provider. The user is responsible for any damages occurring by the utilization of its login data by third parties, especially in the case of improper use; the Service Provider will not be liable for those damages.

5. The user commits to pay upcoming fees caused by any kind of chargeable utilization of the Website by its user account. This obligation for payment also applies in the case of a utilization of the user account by a third party.

6. The user may close its user account any time with an immediate effect. The validity of agreed contracts, which have been concluded under the user’s account remain untouched.

§ 6 Tenders on the Marketplace

1. The Customer may only tender a software development project on its own name and account.

2. The Customer insures to be self-responsible or being authorized for any posted tender of a software development project.

3. The Customer guarantees that all free-text contents provided within a tender do not violate applicable law, or the right of third parties (e.g. personality rights, copyrights, trademark rights). In particular it is prohibited to post defamatory, wrong, offensive, obscene, sacrilegious, religious, political, sexual, frivolous, threatening, harassing, racist material, this includes in particular
- The dissemination of propaganda of unconstitutional organizations (§§ 86, 86 a StGB German law)
- Incitement of the people by dissemination of writings of unconstitutional organizations (§§ 130 II Nr. 1 StGB German law)
- The enticement to criminal offenses (§ 130 a StGB German law)
- The dissemination of violent scriptures (§ 131 I StGB German law)
- The slander of confessions, religious communities and ideological associations (§ 166 StGB German law)
- The dissemination of pornographic writings, including, in particular, child pornography, sexual acts of humans with animals as well as representations of the primary sexual organs (§ 184 StGB German law)
- Insult and slander in general (§§ 185 ff. StGB German law)
- Prohibited communications on non-public court hearings (§ 353 d StGB German law)
- The distribution of harmful text for minors (§ 21 I No. 3a III, GJS German law)
- The unauthorized exploitation of copyrighted material (§ 106 UrhG German law)

4. The Customer guarantees to be authorized for the utilization of posted images, photographs or comparable contents on the Marketplace. Additionally he insures not to use images containing pornographic, violence glorifying, out of focus or pixilated presentations, right- or left-wing symbols or presentations of children.

5. The Service Provider is authorized to delete contents violating precedent conditions without prior notice.

6. The Customer exempts the Service Provider from any claims asserted to him resulting from all kind of violations against the precedent obligations, no matter whether these are justified or not. This also includes the costs for legal defense, in particular the remuneration for the Service Provider’s lawyer.

7. The Customer has to delete a tender immediately, if it turns out, that he was not authorized to publish it.

§ 7 Profiles on the Marketplace

1. Customers and Developers may store detailed information about themselves after registration within their user profile. These information form the so-called Customer or Developer profile (hereinafter referred to as Profile). The profile is intended to be used as a business card and/or online curriculum vitae for other users of the Marketplace.

2. Customers and Developers are required to be authorized to store the information in their Profile.

3. Customer and Developers guarantee that all free-text information provided do not violate applicable law, or the right of third parties (e.g. personality rights, copyrights, trademark rights). In particular it is prohibited to post defamatory, wrong, offensive, obscene, sacrilegious, religious, political, sexual, frivolous, threatening, harassing, racist material, this includes in particular
- The dissemination of propaganda of unconstitutional organizations (§§ 86, 86 a StGB German law)
- Incitement of the people by dissemination of writings of unconstitutional organizations (§§ 130 II Nr. 1 StGB German law)
- The enticement to criminal offenses (§ 130 a StGB German law)
- The dissemination of violent scriptures (§ 131 I StGB German law)
- The slander of confessions, religious communities and ideological associations (§ 166 StGB German law)
- The dissemination of pornographic writings, including, in particular, child pornography, sexual acts of humans with animals as well as representations of the primary sexual organs (§ 184 StGB German law)
- Insult and slander in general (§§ 185 ff. StGB German law)
- Prohibited communications on non-public court hearings (§ 353 d StGB German law)
- The distribution of harmful text for minors (§ 21 I No. 3a III, GJS German law)
- The unauthorized exploitation of copyrighted material (§ 106 UrhG German law)

4. Customers and Developers guarantee to be authorized for the utilization of posted images, photographs or comparable contents on the Marketplace. Additionally he insures not to use images containing pornographic, violence glorifying, out of focus or pixilated presentations, right- or left-wing symbols or presentations of children.

5. The Service Provider is authorized to delete contents violating precedent conditions without prior notice.

6. Customer and Developers exempt the Service Provider from any claims asserted to him resulting from all kind of violations against the precedent obligations, no matter whether these are justified or not. This also includes the costs for legal defense, in particular the remuneration for the Service Provider’s lawyer.

7. Customers and Developers are obliged to correct wrong information within their profiles immediately.

§ 8 Acquisition of additional services

At the time of publishing these terms of use there are no chargeable services available for acquisition by users on the Marketplace.

§ 9 Liability for tenders and profiles

A substantive examination of tenders or profiles as well as a legal examination regarding the question if Customers or Developers were authorized for publishing tenders or profiles does not take place by the Service Provider. Furthermore only Customers and Developers are responsible for the completeness and correctness of their tenders and profiles.

§ 10 Negotiations, contractual arrangements and contract processing

1. As a logged in user on the Marketplace, Customers and Developers may use the integrated chat functions in order to negotiate on tenders and associated development services. The utilization of the integrated chat functions is not mandatory.

2. Customers and Developers are solely responsible for negotiations on tenders, as well as their processing. The Service Provider is neither involved in these activities nor responsible for the expected results by Customers and Developers.

§ 11 Advertising

The Service Provider is authorized to advertise for his Marketplace in any way which he considers suitable. Concrete contents as tenders or profiles of users will not be subject of any advertising activities.

§ 12 Remuneration

1. Both registration and utilization of the Website are free of charge. An amendment of the currently offered services with additional chargeable services is any time possible.

2. Chargeable services will be clearly marked as such on the Website.

§ 13 Final provisions

1. The contracting parties declare that they have not made ancillary agreements.

2. Changes or additions to this contract require the written form to be legally effective. The same applies to the waiver of the written form requirement.

3. The law of the Federal Republic of Germany applies for all contracts between the Service Provider and its users under exclusion of the UN Sales Convention.

4. Jurisdiction for all legal disputes arising from this contract is Frankfurt am Main (Federal Republic of Germany).

5. The total or partial ineffectiveness of a single contract term does not affect the validity of the remaining terms. It applies that in case of the legal ineffectiveness of a single term or provision, the contracting parties agree to replace the invalid term or provision by a different and legally effective term or provision that comes closest to the economic purpose of the ineffective one.

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