Terms & Conditions

Terms & Conditions (T&C) for “Your Digital Profile”

I. General

II. Our products and services

1. Subject matter of the contract, services
   As part of the “Your Digital Profile” product, YDS offers its customers the opportunity to obtain their personal digital identity and usage profile. This digital profile combines the customer’s personal data (e. g. first name and surname, home address, date of birth, e-mail address, etc.) with the data that may be generated when using the Internet and associated services. This includes data from geographical location and movement reports as well as those from enrichments using mathematical-statistical methods.
   By placing an order for the “Your Digital Profile” product, the customer authorizes YDS (granting of a Power of Attorney) to compile this data, store it in a secure form and make it available to him/her for information, retrieval and use within the scope of the “Your Digital Profile” product for as long as the contractual relationship is effective.
   “Your Digital Profile” is an information product that can be delivered or made available both in printed form and as a digital product, or in a combination of both.
   In its printed form, the customer receives the service by means of a hard copy printout sent by postage mail. The service in the form of a digital product includes the provision of the content (e. g. for download) and the granting of a right to use it.
   YDS may decide in which way the product is made available to the customer. A right to a certain way of the does not exist.
2. Formation of contract
   a. Login data, customer account
   A prerequisite for the receipt of the printed product or the provision of the digital product as well as the receipt of possible future further products and services is the creation of a customer account via the YDS website.
   Within the scope of the registration, the customer himself/herself defines his/her access data (e-mail address as user ID and password).
   The customer is obliged to keep his/her access data secret and not to pass them on to third parties. If the access credentials are lost or if it is suspected that third parties have obtained them without authorization, the customer must inform YDS of this immediately.
   The customer account can be deleted at any time via the ” delete account ” function or by notifying YDS by e-mail (“cancellation”).
   b. Registration
   By registering on the YDS website, entering and confirming his/her personal data the customer announces his/her interest in the “Your Digital Profile” product and in concluding a contract with YDS (so-called invitation to submit an offer or invitatio ad offerendum).
   In order for YDS to be able to provide its services in accordance with the agreement, the customer must always provide truthful and complete information during the registration process.
   The customer agrees to order the product “Your Digital Profile” exclusively for himself/herself.
   The receipt, storage and processing of the data by YDS shall take place within the framework of the data protection provisions of YDS, these GTC and the statutory provisions. This does not in itself constitute acceptance of the offer by YDS.
   c. Acceptance (confirmation)
   The acceptance of the offer of the customer is made with the confirmation of the order by YDS.
   In order to ensure that the customer only receives his or her own product and to prevent misuse, e. g. in the context of identity theft, the initial delivery or provision of the product is always carried out only after verification of the customer’s identity and the plausibility of the information provided during registration.
3. Costs, payment, due date
   The product “Your Digital Profile” is subject to a fee. YDS is free to provide the product free of charge or at cost price. However, there shall be no entitlement to this.
   The customer has the option of paying for the product he or she wishes to order by means of online payment services.
   If the product is ordered and YDS accepts the order, payment shall be due immediately.
   The prices quoted are final prices (including statutory value added tax). Shipping costs are included.
   Customers who have participated in a crowdfunding campaign of YDS or for any other reason should receive the product free of charge will receive a one-time discount code. By entering this discount code on the YDS website, the obligation to pay is waived.
4. Retention of title
   The product “Your Digital Profile” remains the property of YDS until payment has been made in full by the customer.
5. Availability
   YDS shall endeavor to ensure access to its services, in particular access to the customer’s dashboard 24 hours a day, 365 days a year.
   However, YDS expressly does not guarantee uninterrupted availability at all times.
   For organizational or technical reasons or for maintenance and repair work, access to the systems of YDS may be restricted in whole or in part.
6. Duration of the contract, termination
   The contract between the customer and YDS shall commence upon acceptance of the customers’ order by YDS and shall be valid for an indefinite period.
   The contract may be terminated by either party without notice and without stating reasons.
   For the termination to be legally effective, a written declaration by one contractual party is required (sending an e-mail from or to the e-mail address deposited with YDS is sufficient). Customers may alternatively terminate the declaration by clicking on a button in their user interface (“Dashboard”).
   As a rule, the termination takes effect immediately, but no later than 24 hours after receipt of the termination declaration.
   If the customer terminates the contract and YDS has received the termination declaration, YDS will confirm the end of the contract by e-mail or other suitable means.

III. Everything about liability, data protection and the final provisions

1. Warranty of defects, liability
   The “Your Digital Profile” offer from YDS is aimed exclusively at consumers in Germany. They are entitled to the general statutory warranty claims.
   YDS cannot assume any warranty for the availability, correctness and up-to-dateness of individual or several personal, extended or enriched data in the “Your Digital Profile” product, as these are exclusively obtained from external sources at the moment the customer has instructed YDS to do so.
   The products and services offered by YDS are constantly subjected to state-of-the-art virus and malware checks. Should damage or impairments nevertheless occur that are demonstrably caused by computer viruses or malware in YDS products or services, YDS shall not assume any liability for such damage or impairments unless YDS, its legal representative(s) or vicarious agent(s) acted with gross negligence.
   YDS shall only be liable for breaches of duty of all kinds, insofar as no explicit guarantees have been given, in the event of culpable injury to life, limb or health. In these cases, the statutory liability remains reserved. This shall also apply to possible liability under the Product Liability Act or other statutory warranty liabilities as well as for damages resulting from a grossly negligent or intentional breach of duty. In the case of slight negligence, liability exists only in the event of a breach of essential contractual obligations. In such a case, liability shall be limited to compensation for the foreseeable damage typical of the contract. Material contractual obligations are those obligations which the contract must grant to the customer according to its meaning and purpose or the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
   Insofar as the liability of YDS is excluded or limited, this shall also apply to the personal liability of its legal representatives, organs and vicarious agents. The limitations of liability also apply to all types of claims, including those arising from tort law.
   If third-party websites (hyperlinks) are linked, YDS assumes no responsibility or liability for their accessibility or for their content.
2. Data protection / data privacy
   YDS complies with the laws and regulations of German and European data protection law, in particular the General Data Protection Regulation (GDPR).
   Within the framework of the conclusion of the contract, the customer acknowledges the data protection provisions of YDS and expressly agrees to them.
3. Final provisions
   a. German law shall apply to the exclusion of the rules of the UN Convention on Contracts for the International Sale of Goods.
   The contractual language is German. Only the German version of contracts and General Terms and Conditions (GTC) is legally binding.German Law.
   b. Place of jurisdiction
   The legal provisions apply
   c. Deviating conditions
   Possible deviating terms and conditions of the customer shall not apply, even if the customer refers to them in his order or elsewhere or in any other way or if YDS does not object to them in each individual case.
   d. Written form requirement, changes
   No additional agreements or supplements have been made. They, as well as changes to the concluded agreements, require mutual written confirmation in order to be effective. This also applies to the cancellation of the written form requirement.
   e. Severability Clause / Ineffective Provision
   If any of the above provisions should be invalid or unenforceable in whole or in part, the remaining provisions shall remain valid.
   f. Transfer of Contract
   YDS shall be entitled to transfer rights and obligations arising from concluded contracts in whole or in part to one or more third parties with a notice period of four (4) weeks between notification and execution. In this case, the customer shall be entitled to terminate the contract after notification of the contract transfer.
   g. Online Dispute Resolution
   The EU Commission provides an Internet platform for the online settlement of disputes (“ODR platform”) in accordance with Article 14 (1) ODR Regulation and Section 36 VSBG. This can be accessed under the following link: https://ec.europa.eu/consumers/odr.
   YDS is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.