These Terms and Conditions (T&C) apply to all business relationships between you and nnexd GmbH (hereinafter "we", "us" or "mmesh").
Our platform is aimed both at companies (in particular providers of marketing and advertising services, agencies, etc.) and at clients (companies and private individuals seeking marketing services). Unless otherwise specified, these T&C apply equally to all users.
We reserve the right to amend these T&C at any time; the version of the T&C in force at the time the legal relationship is established shall apply.
Please read these T&C and the following provisions carefully before using our services.
A legal relationship between you and us comes into existence when you create a user profile on our website or on one of our platforms, or when you make use of our services.
Use of the platform is generally free of charge for clients. Companies may subscribe to paid features and visibility options.
Access to our platform and the use of our services require a user profile or user account.
When registering your user account, you are obliged to provide your personal data truthfully and completely.
We strongly recommend that you change your password regularly. Please take care not to use combinations that are easy to guess.
Technical access to the platform is provided via your device. It is your responsibility to ensure that your device meets the technical requirements.
Subject to compliance with these T&C, we grant you, for the duration of the existence of your user profile, a revocable, non-transferable right to use the platform.
Use of the platform requires a valid user profile set up by us. Only one user profile is permitted per company or person.
You are prohibited from renting out or transferring user profiles, or from making them available to third parties in any other way, in whole or in part.
In the event of a suspected breach of these T&C, we are entitled to temporarily restrict use of the platform or to block the user profile.
You may also request the deletion of your user account at any time.
We endeavour at all times to avoid interruptions to the use of our platform and our services and to remedy faults as quickly as possible.
Our technical support is available to you for the correction of errors or faults on the platform.
We provide a digital platform that brings companies and clients into contact with one another. We are not a party to the contracts concluded between users.
You bear sole responsibility for the content of your data, documents, records and other information that you post on the platform.
You indemnify us against all third-party claims arising from any unlawful use of our services or tools by you.
Companies are solely responsible for the lawfulness of their offers and services, including compliance with all applicable laws and regulations.
Users are responsible for all content and information that they create, upload or share in the course of using the platform.
Users warrant that their user content is complete, accurate and up to date and does not infringe any third-party rights (in particular copyright or trademark rights).
It is prohibited to provide misleading or untruthful information regarding identity, qualifications, availability, experience or references.
We are entitled to review, edit, restrict or remove user content at any time and without prior notice if it violates these T&C or applicable law.
By posting user content, you grant us the non-exclusive, royalty-free, worldwide right, limited to the duration of use, to use this content for the operation of the platform.
We assume no warranty for the accuracy, completeness or lawfulness of user content and are not liable for damage caused by such content.
The platform and our services may only be used lawfully and in accordance with these T&C. In particular, the following is prohibited:
In the event of breaches of this provision, we are entitled to take appropriate measures, in particular to block or delete user profiles.
Our liability is limited to damage demonstrably caused by intentional or grossly negligent conduct on our part.
Furthermore, we are not liable for damage attributable to the conduct of third parties, to services omitted or delayed by third parties, or to content provided by third parties.
We assume no warranty that contacts will be established or contracts concluded between users.
We employ appropriate technical and organisational security measures to protect your data. Nevertheless, absolute security cannot be guaranteed.
Maintenance work, technical faults or other unforeseeable events may temporarily restrict access to the platform.
We accept no liability for events beyond our sphere of influence and control (force majeure).
The nature and amount of the remuneration are generally determined by the subscription you have chosen and the corresponding price lists.
By selecting the means of payment, you authorise payment either by entering your credit card details or by an alternative payment method.
You authorise us to receive or collect payments to the corresponding extent. In the event of chargebacks, you are obliged to bear the resulting costs.
If you pay by credit card or by an alternative payment method, we reserve the right to refuse the payment or to require additional security.
Payments for services agreed between users are made exclusively between the client and the company. We assume no responsibility for such payments.
For clients, the user relationship exists for an indefinite period and may be terminated at any time by deleting the user profile.
In the event of early termination of the contract by you, the remuneration remains due in full for the entire fixed term.
We are entitled to terminate a subscription without notice if there is good cause, in particular in the event of serious breaches of these T&C.
We reserve the right, with the exception of ongoing subscriptions, to discontinue access to our platforms and services at any time.
We collect and process personal data exclusively within the framework of the statutory provisions, in particular the Swiss Federal Act on Data Protection (FADP).
We are entitled to use data entered by users in anonymised or aggregated form for the purpose of further developing the platform.
You may request that we delete your user profile; your personal data will generally remain stored with us for the period prescribed by law.
Users acknowledge and agree that the data and information contained in their profile may be made accessible to other users of the platform within the scope of the platform's purpose.
The platform and our services remain our exclusive property. No transfer of rights takes place unless expressly provided otherwise.
Should any provision of these T&C be or become unlawful, invalid or unenforceable, this shall not affect the validity of the remaining provisions.
These T&C, the contractual relationships based on them and all disputes arising therefrom are governed exclusively by Swiss law.
The place of jurisdiction for all disputes arising from or in connection with these T&C is our registered office, unless mandatory statutory provisions prescribe a different place of jurisdiction.
These T&C are a translation of the German version ("Allgemeine Geschäftsbedingungen"). In the event of any discrepancies, the German version shall prevail.