General Terms and Conditions for Businesses
General Terms and Conditions of Meneiti GmbH
These general terms and conditions (“Terms and Conditions") of Meneiti GmbH, Zum Alet 13, 88662 Überlingen ("Meneiti") govern the use of the Orange Salamander App, which is available at [www.orangesalamander.com] ("platform") and for all services related to the platform (the platform and the services provided in connection with the platform are hereinafter collectively referred to as "Services" and the underlying agreement, which incorporates the Terms and Conditions, as "Contract").
The following terms have the meaning assigned to them in these Terms and Conditions, unless otherwise expressly stipulated below in individual cases:
(a) "Offer description" means Meneiti's offer to the PM company (as defined below) to conclude the contract for the services, which includes a description of the services and the conditions under which the services will be provided by Meneiti.
(b) "Medical information" means all news and product information as well as related data, texts, graphics, images, videos or related storage media provided by PM companies (as defined below) for publication on the platform.
(c) "users"refers to every user of the platform who has successfully registered, whereby registration on the platform is only permitted for licensed physicians of human medicine, dentists and pharmacists.
(d) "party" or "parties" means Meneiti and the PM company (as defined below) individually and collectively.
(e) "Platform data"This means all data, information, content, texts, graphics, images, videos or related storage media that are posted and/or exchanged by PM companies and/or users via the platform, in particular, but not limited to, medical information, calendar entries via the event calendar and information and communication exchanged via the chat function (as defined below)."
(f) "PM Company" means the company or the agency commissioned by the company to publish medical information (hereinafter referred to as "Agency") with which the contract underlying these Terms and Conditions for the services is concluded and – used in the plural – the company, the agency and other companies in the pharmaceutical and medical technology industries that use the platform and publish medical information via the platform, including Informative Users, unless they have been expressly excluded.
(g) "Informing users" means professional societies, university hospitals and doctors who conduct their own studies, use the platform and publish medical information via the platform.
2. SCOPE OF APPLICATION
2.1 These terms and conditions apply to all business relationships between Meneiti and the PM company, in particular to the use of the services and the platform, unless expressly agreed otherwise.
2.2 Any contractual relationships between PM and users are not subject to these Terms and Conditions, but are governed by separate legal regulations. Meneiti is not a party to these contracts and merely provides the platform for the exchange of information.
2.3 The terms and conditions of the PM company do not apply, even if Meneiti has not expressly objected to their validity in individual cases.
3. SUBJECT OF THE SERVICES
3.1 Meneiti offers PM companies the opportunity to publish medical information on the platform and make it available to users (see section 8). The medical information is published on the platform in the name of the PM company – or, if the PM company is an agency, in the name of its clients. All platform data relating to medical information originates from the respective PM company. The respective PM company is solely responsible for the completeness, legality, accuracy, and timeliness of the medical information.
3.2 A chat function allows the PM company or an employee of the PM company to get in direct contact with users and exchange messages ("Chat function(See section 8). Meneiti provides only the chat function via the platform; Meneiti is not responsible for platform data exchanged via this platform.
3.3 The event calendar accessible via the platform allows users and PM companies to enter events and dates. Direct booking is not offered via the platform. The user and/or PM company is responsible for the accuracy and completeness of the entered events. Meneiti merely provides the event calendar function via the platform. 3.4 Meneiti only operates the platform and is not responsible for platform data of users and PM companies (see section 13).
4. REMUNERATION AND PAYMENT TERMS
4.1 For PM companies, with the exception of informing users, the services are provided exclusively on a paid basis, with the fee specified in the offer description as a [gross/net amount]. Free use of the platform is only possible in exceptional cases and only if Meneiti expressly permits it.
4.2 Informative users can use the platform and services free of charge.
4.3 Unless otherwise stated in the offer description, invoicing for the full amount of the order confirmation will take place 14 days after order placement. Payment is due within four (4) weeks of the invoice date.
5. USE OF THE PLATFORM AND SERVICES, REGISTRATION
5.1 Meneiti operates the platform and grants the PM company the opportunity to access and use the services as intended. The functionalities and other characteristics of the services are set out in these Terms and Conditions, the offer description, and the descriptions available on the platform.
5.2 The prerequisite for using the platform and the services is successful registration and creation of an account ("Business account") according to section 6.
5.3 The PM company can use the services via a web browser. A prerequisite for using the services is that the PM company has a device that meets current technological standards and fulfills the relevant specifications listed as minimum requirements on the platform. Furthermore, using the services requires an internet connection for the PM company with a sufficient data transfer rate and sufficient storage space on the PM company's device. 4
5.4 The PM company must keep the terminal device used to access the services up to date and have antivirus protection installed.
6. COMPANY ACCOUNT, EMPLOYEE ACCESS
6.1 The PM company can add its own employees to the company account and create access for them, allowing them to post, read, and edit the company's own content and/or use the chat function and communicate with users on behalf of the PM company ("Employee Access"). The PM company will only grant the ability to post, read, and/or edit the company's own content to employees who are members of the professional circles as defined in Section 2 of the German Act on Advertising of Therapeutic Products (HWG). Furthermore, pharmaceutical representatives of the company can also register or be registered by the PM company. Registration is carried out by the respective pharmaceutical representative using the PM company's own email address or, if the PM company is responsible for registration, by providing the respective pharmaceutical representative's company email address to Meneiti. Proof of expertise in accordance with Section 75 of the German Medicines Act (AMG) must be submitted for each pharmaceutical representative along with their registration. Pharmaceutical representatives and agencies only have the ability to read content. Interaction with users or responses to posts are not possible for these users. As soon as an employee or pharmaceutical representative no longer works for the PM company, the PM company must delete or block their respective access. The PM company warrants that it has sufficient authorization to enter the personal data of the respective employee or pharmaceutical representative into the company account or to transmit it to Meneiti. The PM company undertakes to indemnify Meneiti against all third-party claims and all costs incurred by Meneiti due to unauthorized advertising outside of professional circles or unauthorized transmission of personal data of employees or pharmaceutical representatives, or incurred by Meneiti in defending against such claims.
6.2 Through the company account, the PM company has access to an area where the PM company can transmit medical information to Meneiti for the purpose of publication on the platform ("Editorial Tool").
6.3 The PM company can add employees to the company account and create access for them, through which they can use the chat function and communicate with users on behalf of the PM company ("Employee access"). As soon as an employee no longer works for the PM company, the PM company must delete or block the respective employee's access.
7. Duty of truthfulness, updating and due diligence
7.1 The PM company undertakes to ensure that all information and data provided during the period of use of the platform are always truthful and up-to-date. Any changes to the PM company's data must be communicated to Meneiti immediately via the company account. Should the PM company fail to comply with this obligation, Meneiti may terminate the contract without notice and exclude the PM company from using the platform and its services.
7.2 The PM company undertakes to regularly check the permissions for the company account and employee access, in particular to ensure that all authorized persons still work for the PM company or that their job requires access to the company account and/or employee access.
7.3 The PM company undertakes to ensure that access data, in particular passwords, are not made accessible to third parties. The PM company bears sole responsibility for all actions carried out via its agency or company account, employee access, and/or the use of its access data. If there are indications of misuse of the agency or company account and/or an employee access, or if third parties have nevertheless gained knowledge of access data, the PM company is obligated to notify Meneiti immediately in writing and to change its access data.
7.4 In case of suspected misuse of the services by the PM company or by third parties, Meneiti is free to temporarily or permanently exclude the PM company from using the platform with immediate effect.
8. USING THE CHAT FUNCTION
8.1 The chat function is a service that offers users the opportunity to contact PM company employees directly, free of charge. If an agency uses the platform's services for a client in the pharmaceutical and medical technology industry, only the client's employees registered in accordance with the provisions of section 6.1 have access to the chat function. Communication via the chat function is not public and takes place exclusively between the user and the respective employee. The user can also ask the employee questions as part of an exchange of medical knowledge and information. The employee will see the name and, if applicable, a photo of the employee with whom the user registered on the platform; however, the employee will not receive any further information via Meneiti.
8.2 Meneiti reserves the right to restrict, discontinue, or provide the chat function in a modified or adapted form at any time, insofar as this is advantageous for users and PM companies, or to ensure compliance with applicable law, or to comply with a court ruling or an official decision.
8.3 For data protection reasons, users are prohibited from exchanging patient-related and therefore sensitive personal data with the respective employee via the chat function. The exchange of information or knowledge, especially regarding questions about medically relevant platform data, must take place exclusively in anonymous form.
8.4 Meneiti is not liable for information provided by the employee or for the storage, transmission, correct display or loss of platform data provided via the chat function.
8.5 The platform data provided by users and PM companies via the chat function is neither processed nor controlled by Meneiti. Meneiti assumes no responsibility for platform data in the chats; in particular, information provided by employees is in no way attributable to Meneiti. The respective employees communicate independently of Meneiti, and the PM company is responsible for platform data posted and exchanged by its employees in the chat function. If an agency uses the platform's services for a client in the pharmaceutical and medical technology industry and grants the client's employees access to the chat function, the agency is liable for the information provided by the client's employees.
8.6 If a doctor reports side effects or other reportable information via the chat function to an employee of the PM company, the PM company is obliged to forward the report to the responsible body and to ensure that its own employees and – if an agency uses the services of the platform for a client in the pharmaceutical and medical technology industry – the client's employees comply with this obligation.
9. MEDICAL INFORMATION
9.1 The PM company can submit medical information to Meneiti for publication on the platform via the editorial tool in the company account.
9.2 Medical information will be published on the platform until it is deleted by the PM company itself or by Meneiti in the case of section 13.4 or 17.5.
9.3 For the creation and publication of medical information, the PM company may be required to comply with Meneiti standards (e.g., format specifications, PM company logo). The currently valid version of the standards can be accessed via the company tool or the service center.
10. AVAILABILITY OF SERVICES
10.1 Meneiti strives for the highest possible service availability of 99% per month. "Availability" is defined as the PM company's ability to use all main service functions (Section 3). Maintenance periods, periods of minor service disruptions, and periods of unavailability and service disruptions as defined in Section 10.3 are excluded from the availability calculation.
10.2 Maintenance work, security and capacity reasons, technical or operational circumstances, as well as events beyond Meneiti's control, may lead to temporary or permanent unavailability of the services. Meneiti reserves the right to temporarily restrict access to or the ability to use the services, in whole or in part, if this is necessary due to capacity limitations, the security or integrity of the servers, or to carry out technical measures that serve the proper or improved provision of the services (e.g., for maintenance work). Where possible, Meneiti will perform maintenance work between 8:00 p.m. and 8:00 a.m. German time.
10.3 Meneiti accepts no responsibility for the unavailability or malfunction of the services, which
a) are due to causes beyond Meneiti's control;
b) arising from the use of services, hardware or software not provided or expressly acknowledged by Meneiti, including, but not limited to, problems related to insufficient bandwidth or third-party software or services;
c) caused by the PM company's use of a service after Meneiti instructed the PM company to change its use of the service and the PM company did not change its use as instructed;
d) caused by the unauthorized act (including erroneous input) or omission of a required act by the PM Company or its employees, agents, contractors or suppliers or by other persons who have gained access to the Services, or caused otherwise by the PM Company's failure to follow reasonable security procedures;
e) caused by the PM company's failure to comply with required configurations and updates, or due to use of the services that is inconsistent with the features and functions of the services (e.g., attempts to perform unsupported operations) or does not comply with the help published by Meneiti.
11. THIRD-PARTY RIGHTS, UPDATES
11.1 Meneiti endeavors to provide the services in accordance with the current state of the art and to ensure that the user's use of the services to the extent contractually agreed does not conflict with any third-party rights.
11.2 In the event of a service disruption, the PM company Meneiti should notify them by email at info@orangesalamander.com, describing the disruption. Meneiti is not obligated to remedy the specific disruption but will provide updates during the contract term that are necessary to maintain compliance with the contract and to resolve disruptions. This includes, in particular, regular technical and functional updates, which Meneiti is not obligated to provide.
11.3 Meneiti strives to provide the best possible reproduction of the platform data, in accordance with the prevailing technical standards. However, the PM company is aware that, given the current state of technology, it is not possible to guarantee completely error-free reproduction of the platform data at all times. In particular, an error in the reproduction of the platform data does not exist if it is insignificant or is caused by:
a) by the PM company's failure to comply with requirements regarding the transmission and formats of platform data, particularly with regard to medical information, specifically that referred to in Section 9; 9
b) by using unsuitable display software or hardware (e.g. browser) provided by the PM company or the internet service provider;
c) due to disruption of communication networks (e.g., but not exclusively, line or power outages) at Meneiti or other operators;
d) due to a computer failure caused by system failure or line failure;
e) due to incomplete and/or outdated cached platform data on so-called proxy servers (caches) or in the local cache;
f) due to failure of or connection problems with a user's device;
g) if the impairment in the reproduction of the platform data does not substantially impair its purpose.
11.4 Meneiti strives to provide the best possible representation of the platform data, but cannot and will not guarantee and assumes no responsibility for users viewing the PM company's platform data, in particular for any specific economic success resulting therefrom.
12. OBLIGATIONS OF THE PM COMPANY
12.1 The PM company is obliged to
a) not to use the services to publish platform data that, or whose posting, (i) is offensive, defamatory, discriminatory, sexist, immoral, pornographic, racist, or otherwise objectionable; (ii) is factually incorrect or intentionally false; (iii) infringes the rights of third parties, in particular copyrights, or agreements with third parties; (iv) contains content that glorifies or trivializes violence, glorifies war, incites hatred, or is contemptuous of humanity; (v) is unconstitutional or contains symbols of unconstitutional organizations; (vi) otherwise violates applicable laws or official orders, constitutes a criminal offense, or links to such content; (vii) contains computer programs that can damage software or hardware or impair the use of computers, or that contain viruses or other malware; (viii) could damage the reputation of Meneiti and/or the platform, or (ix) serve the purpose of collecting and/or using personal data of users or other PM companies, especially for business purposes (“Inappropriate content").
b) to use the services not abusively and exclusively in accordance with applicable law;
c) not to take any measures aimed at circumventing the technical protection measures of the Services and to refrain from any form of unauthorized use of the Services 10, in particular attempts to overcome or circumvent the security mechanisms of the Services or otherwise disable them, to use computer programs that enable the automatic reading of data, as well as to use/implement and/or distribute viruses, worms, Trojans, brute-force attacks, spam or links, programs or procedures that are likely to harm Meneiti and/or other PM companies and/or users;
d) to take all necessary and appropriate steps to prevent or limit damage caused by the use of the services;
e) not to participate in or promote illegal, especially fraudulent, activities;
f) not to use, utilize or operate any bots or other forms of automation and/or multiple accounts when using the services;
g) not to modify, adapt or reverse engineer the services.
12.2 The PM company is obligated to review platform data before making it available on the platform and to ensure that the platform data does not contain any impermissible content and complies with legal and regulatory requirements. In particular, the PM company is obligated to label any advertising for products in accordance with legal requirements.
12.3 The PM company is obliged to check platform data for computer programs that could damage software or hardware or impair the use of computers, viruses or other malware before making it available on the platform, and to use state-of-the-art measures (e.g. virus protection programs) for this purpose.
12.4 The PM company is obliged to ensure that all platform data it provides is complete, correct and up-to-date.
12.5 Any violation of this Section 12 may result in immediate exclusion from the use of the services, termination of the contract without notice, the initiation of civil and criminal proceedings, and the assertion of claims for damages by Meneiti against the PM company.
13. RESPONSIBILITY FOR PLATFORM DATA
13.1 Meneiti merely operates the platform and assumes no responsibility for the platform data, in particular for its legal admissibility, timeliness, accuracy, completeness, quality, or economic plausibility. Meneiti is not obligated to verify the legal admissibility, timeliness, accuracy, completeness, quality, or economic plausibility of platform data or to ensure its correction or updating. The PM company itself is responsible for platform data it has uploaded; the respective user or PM company is responsible for third-party platform data.
13.2 In particular, the PM company bears sole responsibility under medical, press, competition, data protection, and other laws for the platform data it provides, intends to publish, and releases. The PM company is responsible for complying with all applicable legal provisions that affect its platform data.
13.3 Meneiti assumes no responsibility for the content of websites linked by users or PM entrepreneurs. If Meneiti itself places links to external websites, these are checked beforehand for obvious legal violations (e.g., criminal or harmful platform data). If Meneiti becomes aware of legal violations on linked websites, the corresponding links will be removed immediately.
13.4 Meneiti reserves the right not to publish platform data provided by PM companies on the platform for legal, technical, or other reasons, or to remove platform data already published, in particular if platform data contains impermissible content, if the PM company has otherwise violated these Terms and Conditions, or if there are indications of such violation. The same applies if links are placed to third-party websites that lead directly or indirectly to pages with impermissible content. The PM company acknowledges and agrees that in this case, it is not entitled to a refund of the fees paid or any other compensation, and its payment obligation remains unaffected. There is no entitlement to the restoration of platform data. Meneiti reserves the right to initiate legal proceedings.
14. INTELLECTUAL PROPERTY
14.1 The PM company's right to use the platform and the components used to provide the services is limited to the duration of the platform agreement, revocable, non-exclusive, non-sublicensable and non-transferable.
14.2 All content of the platform and services, including but not limited to the logo and all designs, texts, graphics, images, information, data, software, sound files, other files, as well as their selection and arrangement, is the property of Meneiti, other PM companies, or third-party licensors. Any rights of the PM company to its own platform data remain unaffected.
14.3 The PM company may use the services and, in accordance with these Terms and Conditions, in particular Sections 9 and 12, transmit medical information to Meneiti. By providing medical information via the editorial tool, the PM company commissions Meneiti to store, host, and—if applicable—publish the medical information via the platform and grants Meneiti, for the duration of this agreement, a non-exclusive, geographically unlimited right of use, sublicensable to necessary third parties, to use the medical information for the purpose of providing the services under these Terms and Conditions. This right includes the right to store, reproduce, format, reformat, technically process, transfer, and make the medical information accessible.
14.4 Insofar as the PM company or – if an agency uses the platform's services for a client in the pharmaceutical and medical technology industry – the agency holds copyrights or other intellectual property rights to further platform data, the PM company or the agency grants Meneiti, upon publication of the platform data on the platform, a spatially, temporally and substantively unlimited, royalty-free, non-exclusive, transferable and sublicensable right of use to use the platform data in accordance with these Terms and Conditions.
14.5 The PM company ensures that it has all rights to the platform data or a right of use to platform data that is necessary to grant Meneiti the rights of use according to section 14.3 or 14.4 and that Meneiti's use of the platform data under the contract does not violate these Terms and Conditions or applicable legal provisions and does not infringe any intellectual property rights or other rights of third parties.
14.6 Meneiti accepts the aforementioned grants of rights.
14.7 The PM company acknowledges that all further developments provided by Meneiti are the sole property of Meneiti or third parties, even if they are based on requests or error reports from PM entrepreneurs, and that the PM company has no rights to them.
15. LIABILITY
15.1 In the case of any damage caused by slight negligence, Meneiti shall only be liable if a contractual obligation is breached by Meneiti, its legal representatives or its vicarious agents, the fulfillment of which is essential to the contract and on which the PM 13 company may rely (“Cardinal duties") and limited to typical and foreseeable damages. Sentence 1 does not apply to damages resulting from injury to life, body, or health, nor in cases of mandatory liability, in particular liability for cases where a procurement risk or a guarantee for damages has been assumed, in the case of liability under the Product Liability Act, liability under the GDPR, or fraudulent concealment of a defect. Furthermore, strict liability for defects that already existed at the time of conclusion of the contract is excluded. Subject to liability for intent, liability for indirect damages, such as lost profits, is excluded.
15.2 Meneiti shall not be liable in particular for a) damages resulting from publicly accessible data, b) facts resulting from a breach of contract or unauthorized modification of the services by PM companies, users or third parties.
15.3 The foregoing limitations of liability also apply in the event of fault on the part of an agent of Meneiti as well as to the personal liability of the officers, employees and representatives of Meneiti.
16. LEAVE OF ACTION
To the extent that Meneiti is held liable for impermissible content in connection with platform data or other violations of these Terms and Conditions, laws, or regulatory requirements attributable to the PM Company, the PM Company undertakes to defend and indemnify Meneiti at its own expense against any claims, actions, or liabilities brought against Meneiti by a third party, as well as against all losses (including reasonable attorneys' fees) incurred by Meneiti as a result of the infringement of third-party rights (including, in particular, patent, copyright, trade secret, or trademark infringements or other industrial property rights), unless the PM Company proves that the infringements are not attributable to the PM Company. Meneiti will promptly notify the PM Company in writing of such third-party claims and allow the PM Company to assist Meneiti, to the extent legally permissible, in defending against or settling such third-party claims.
17. Contract Term, Termination
17.1 The contract is concluded for a period of twelve (12) months.
17.2 Termination for cause remains unaffected for both parties. Cause for termination for Meneiti exists in particular, but not exclusively, if one or more of the following events occur:
a) A case of 6.3 (violation of the obligation to delete or block).
b) Case 7.1 applies (violation of the duty to be truthful and to keep up to date).
c) A case of 7.3 (breach of due diligence regarding access authorizations).
d) A case under 7.4 exists (suspected misuse). e) A case under 12.5 exists (breach of the PM company's obligations).
17.3 Insofar as the termination without notice and the exclusion from the use of the platform and the services is based on a case referred to in Section 17.2 for which the PM company is responsible, the PM company acknowledges and agrees that in this case it is not entitled to a refund of any remuneration paid by it or any other compensation and is obliged to pay the full remuneration.
17.4 In the event of termination of the contract and thus of the company account, all further declarations and information will no longer be transmitted via the communication area set up on the platform, but exclusively to the email address last provided by the PM company.
17.5 Upon termination of the contract, Meneiti will delete all data, including medical information, of the PM company within the platform within thirty (30) days of the termination becoming effective, to the extent legally permissible, in particular to the extent that no statutory retention or archiving periods apply.
18. CONFIDENTIAL INFORMATION
18.1 The parties undertake to maintain strict confidentiality regarding all confidential information provided to them in connection with this contract and its performance, and not to disclose, pass on, or otherwise use it to third parties.Confidential information"These are those that have been marked as confidential by a party.
18.2 Confidential information does not include, or no longer includes, information that was demonstrably confidential at or after the time of disclosure.
a) are generally known or published in the public domain, or 15
b) are already lawfully in the possession of the other party or were lawfully acquired by the other party from a third party authorized to transfer them, or
c) belong to general technical knowledge or state of the art, or
d) are identified or developed by the parties independently and separately from the Confidential Information, or
e) be made public by the parties in writing. 18.3 The parties are entitled to disclose Confidential Information to employees and advisors bound by professional confidentiality obligations, insofar as they are involved in the performance of this Agreement and reasonably require the Confidential Information.
18.4 The foregoing provisions shall not apply to the extent that the parties or the persons referred to in Section 18.3 are obliged to disclose information by virtue of mandatory law or an enforceable decision of a court or authority. In this case, the parties shall inform each other immediately and, in consultation, take all necessary and legally permissible measures to avoid disclosure or to ensure the most confidential treatment possible.
18.5 The obligations of the parties under this Section 18 shall end on the later date of either two (2) years after the end of the term of the Agreement or two (2) years after the last provision of Confidential Information.
19. DATA STORAGE
19.1 Meneiti will implement state-of-the-art measures to protect platform data, particularly medical information. However, Meneiti assumes no custody or safekeeping obligations with regard to the platform data. The PM company is responsible for ensuring adequate security of the platform data.
19.2 Meneiti regularly performs thorough backups of its servers. Nevertheless, data loss cannot be completely ruled out. Whenever the PM company transfers platform data to Meneiti or uploads it to the platform, regardless of its format, the PM company should create backup copies. This also applies in the event of contract termination. Unless there are legal obligations to retain the data, Meneiti will not keep a copy.
19.3 Meneiti does not guarantee a minimum storage capacity for the company account. Meneiti reserves the right to temporarily or permanently limit the data volume for data uploads, particularly if this is necessary for technical reasons or for reasons of user-friendliness, for example, to maintain or optimize the services.
20. NO EXCLUSIVITY
The parties do not agree to exclusivity. Meneiti may at any time enter into agreements with other PM companies or third parties regarding the services and publish medical information provided by them on the platform and post events.
21. MENTION AND ADVERTISING
21.1 The PM company authorizes Meneiti to publicly name the PM company in connection with the contractual use of the platform, including the display of the PM company's logo, e.g., on social media or as a reference on its website. The PM company grants Meneiti any necessary usage rights, and Meneiti accepts these rights. Any further advertising measures by Meneiti require the prior consent of the PM company, which may not be refused for unreasonable reasons.
21.2 The PM company is allowed to advertise the platform, provided that they use the logo, images, etc., that Meneiti provides to the PM companies via the platform ("Promotional materialAny advertising measures beyond this require prior agreement with Meneiti. Meneiti assumes no responsibility for the advertising material or advertising of the PM company for the platform if a PM company misrepresents the advertising material or makes untrue statements and thereby infringes the rights of third parties.
22. COMMUNICATION
The PM company agrees that from the moment of registration on the platform, all communication between Meneiti and the PM company will take place exclusively in electronic form via the communication area of the platform and by email to info@orangesalamander.com, unless expressly stated otherwise in these terms and conditions or by mandatory legal provisions.
23. FINAL PROVISIONS
23.1 Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, or should these Terms and Conditions contain a gap, the validity of the remaining provisions shall not be affected. Statutory law shall apply in place of any omitted or invalid provisions. Furthermore, Meneiti and the PM company shall replace the invalid or unenforceable provision with an effective provision that comes as close as possible to its intended economic purpose, unless supplementary interpretation of the contract takes precedence or is possible.
23.2 Amendments and additions to these General Terms and Conditions require written form to be effective; electronic form (§ 126a German Civil Code) and text form (§ 126b German Civil Code) are excluded. This also applies to any amendment of this written form clause. Contrary to § 127 para. 2 German Civil Code, telecommunication transmission or an exchange of letters is not sufficient to comply with the written form requirement.
23.3 If the terms and conditions require written form, a simple email is sufficient unless otherwise specified.
23.4 General terms and conditions as well as other pre-printed provisions on letters from both parties shall not apply.
23.5 These General Terms and Conditions and their interpretation, as well as all related non-contractual obligations, are governed by German substantive law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
23.6 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract, including its validity, is Stuttgart.
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As of August 7, 2025
