Nutzungs- und Teilnahmebedingungen
STAR FINANZ-Software Entwicklung und Vertriebs GmbH (hereinafter "STAR FINANZ") is the host of Symbioticon 2020 (hereinafter "Symbioticon"). Symbioticon is a hackathon as well as a conference and networking event of the Sparkassen-Finanzgruppe ("SFG"). Developers, creative professionals and representatives of the Fintech sector as well as companies of the SFG come together at this event to jointly develop innovative solutions for the customers of Sparkassen in Germany.
The registration, organisation and implementation of the hackathon is carried out as an online event via a platform that can be accessed via www.symbioticon.de ("Platform"). When registering on the Platform, users can decide whether they wish to register as "visitors" or "participants". Participants can form teams with other participants and compete against each other in various categories. Visitors can follow Symbioticon via the Platform and exchange information with participants and other visitors. Participants and visitors are hereinafter jointly referred to as "Users".
1. Registration and Conditions of Participation
1.1 To participate in Symbioticon and use the platform, it is required to register at www.symbioticon.de. A participation is only possible from the age of 18.
1.2 The participation is free of charge. The Users have no claim to remuneration, expense or cost compensation of any kind.
1.3 It is necessary to provide an e-mail address when registering.
1.5 In the event of a successful registration, the User will receive a corresponding confirmation by e-mail to the address provided by him or her.
1.6 Each User may only register once. STAR FINANZ is entitled to compare existing user registrations and IP-addresses in order to identify possible double accesses or double accounts. If this check leads to a reasonable suspicion of double registration or double access, STAR FINANZ is entitled to block user accounts and profiles and to exclude the relevant Users from participation in Symbioticon.
1.7 There is no right to registration. STAR FINANZ is entitled to refuse registration without giving reasons.
2. User Account and Profile
2.1 Upon registration, a user account and a user profile are created for each participant. The information in the user profile can also be viewed by other Users. The User can supplement the user profile with additional information.
2.2 The respective User is solely responsible for the design of the user profile and all content displayed on the user profile. The User represents that the contents used by him or her on his or her profile do not violate the rights of third parties and in particular that he or she does not violate any third party intellectual property by using them.
2.3 The User represents that the personal information provided by him or her on his or her profile is accurate.
2.4 Should the User notice an unauthorised use of his or her user account by third parties, he or she will inform STAR FINANZ immediately.
3. General Rules of Conduct
3.1 The Users are obliged to treat each other with respect. Insults, lewdness or discrimination of any kind will not be tolerated. No content may be used which is insulting, defamatory or vulgar, which violates the privacy of other Users or third parties or which violates applicable law. In particular, the User undertakes not to use any content for which third-party property rights exist without having the necessary rights of use for the specific use.
3.2 If the User violates an obligation according to section 3.1, STAR FINANZ is entitled to block the User's user account and user profile and to exclude the User from participation in Symbioticon.
4. Scope of Permitted Use
4.1 STAR FINANZ grants the User a limited, revocable, non-exclusive and non-transferable right to use the Platform and the services, content and functions provided through it for the duration of use of the Platform. Apart from the rights expressly granted above, the User is not entitled to any other rights. In particular, a use of the Platform for commercial purposes is excluded. Mandatory legal rights of the User remain unaffected.
4.2 Within the scope of using the Platform, Users are also enabled to integrate third-party content, such as images, videos, texts or functionalities of third-party providers and to share these with other Users on the Platform.
5. Content Protection
6. User-generated Content
6.1 Within the scope of using the platform, Users can share their own content, communicate with each other and evaluate the contributions of other Users, in particular the participants of the hackathon and the teams.
6.2 Insofar as the User creates content ("User-generated Content") while using the Platform, this is the sole responsibility of the User. STAR FINANZ is neither responsible for the content itself nor for its protection.
6.2.1 In particular, STAR FINANZ is not responsible for possible legal infringements caused by the User-generated Content, such as in particular violations of third party intellectual property or a violation of personal rights of third parties.
6.2.2 The User warrants that he or she is entitled (e.g. as holder of the copyright or by effective permission of the copyright holder) to use User-generated Content within the framework of the Platform and to communicate it to third parties.
6.3 The User grants STAR FINANZ by way of a simple licence the unlimited right to use the User-generated Content worldwide, free of charge and without time or space restrictions. STAR FINANZ is in particular entitled to use User-generated Content within the framework of the platform, to reproduce, store, process and publicly reproduce or make accessible User-generated Content.
6.4 STAR FINANZ is entitled to use User-generated Content in whole or in part for commercial purposes, in particular to edit and reproduce it and also to use and distribute it for advertising purposes. The rights to the results developed by the participants belong to the respective participant or the respective team. Further details are regulated in section B under item 10.
6.5 By publishing the User-generated Content on the Platform, the User grants other Users the opportunity to view and evaluate the content generated by him or her. He or she also grants them the opportunity to redistribute this content and to take the necessary actions to do so, in particular to copy, store and make the work publicly accessible.
6.6 The granting of rights according to sections 6.3 to 6.5 shall continue to apply after the termination of the contract.
7. Availability of the Platform
7.1 The right to use the services and functions available via the platform exists only within the framework of the technical and operational capabilities of STAR FINANZ. STAR FINANZ endeavours to ensure that the use of the Platform and its functions is as uninterrupted as possible. However, temporary restrictions or interruptions may occur due to technical faults (such as interruption of the power supply, hardware and software errors, technical problems in the data lines).
7.2 STAR FINANZ may temporarily restrict services, as far as this is necessary to ensure the security and integrity of the technical facilities, to carry out technical measures that serve the proper or improved provision of services, or in the event of the occurrence of unforeseeable technical disruptions, such as in particular the interruption of power supply, hardware or software errors or technical problems in the data line. In such cases there is no entitlement to use the user community.
8. Limitation of Liability
8.1 STAR FINANZ is liable for intent and gross negligence. For slight negligence STAR FINANZ is only liable in case of a breach of an essential contractual obligation (cardinal obligation), the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the User may regularly rely. In case of slight negligence of essential contractual obligations, the liability is limited to the amount of the typical and foreseeable damage. The exclusion of liability does not apply to damages resulting from injury to life, body or health or in the case of a guarantee or liability under the German Product Liability Act.
8.2 STAR FINANZ is not liable, if the circumstances causing a damage are based on an unusual and unforeseeable event, which STAR FINANZ has no influence on and the consequences of which could not have been avoided despite application of the necessary care. STAR FINANZ is also not liable for failures or disturbances in the technical infrastructure outside the area of responsibility of STAR FINANZ.
8.3 Claims for damages against STAR FINANZ, as well as against employees or agents of STAR FINANZ, generally become time-barred one year after they arise. This does not apply to claims for damages (a) resulting from intentional or grossly negligent breach of duty, or (b) resulting from injury to life, body or health, or (c) in case of fraudulent concealment of a defect, or (d) on the basis of the assumption of a guarantee for the condition, or (e) under the Product Liability Act.
8.4 The provisions of this section also apply in favour of the employees, representatives and subcontractors of STAR FINANZ to whom tasks have been delegated.
8.5 Insofar as the provision of the Platform, the granting of the opportunity to participate or other service components are provided free of charge, the statutory warranty and liability provisions of sections 599 and 600 German Civil Code shall apply. In this case, the statutory warranty and liability provisions are not extended by this contract. This also applies if remuneration is owed for the provision of further services.
9. Term and Termination
9.1 The contract is concluded for an indefinite period.
9.2 The contract may be terminated by either party at any time. The User and STAR FINANZ may also declare the termination of the contract by deleting the user account.
9.3 Upon termination of the contract, the User's access to the user account ends and the user account is deleted.
10. Other Provisions
As part of the Symbioticon hackathon, participants develop new product ideas and prototypes together and can compete against each other in different tracks. The following additional conditions apply for participation in the hackathon:
1. Registration as Participant
1.1 A participation in the Symbioticon hackathon requires a registration and the joining of a team.
1.2 If the information provided in the registration is inaccurate or incomplete, this can lead to the exclusion of both the individual participant and the entire team.
1.3 There is no entitlement to registration as a participant. STAR FINANZ is entitled to refuse registration without giving reasons.
2. Developer Portal
2.2 Via the Developer Portal Users can also get in touch with contact persons of the respective API - in particular via a ticket system set up for this purpose – in order to obtain technical support. In this context, Star Finanz only provides those contact details via the developer portal but is not responsible for the answering of enquiries and in particular is not responsible for the correctness of any answers.
3.1 Participants can create teams via the platform and form teams with other participants. Once a participant has created a team using the corresponding function on his profile page, he or she will receive a team code. Other participants can enter the team code on their profile page and thus join the team as a member. Participants can leave a team using the corresponding function on their profile page and then join another team. Each Participant can only be a member of one team at a time.
3.2 When creating a team, the participant decides on a team name. The team name must not violate the rights of third parties. In particular, company names or trademarks may only be used with the consent of the holder of the respective rights. The name must not be insulting, offensive, hurtful, discriminating or defamatory in any way. In case of infringements, STAR FINANZ is entitled to block the user account and user profile of the team members concerned and to exclude them from further participation in Symbioticon.
4. Team Profile
4.1 When a team is founded, a team profile is created for such team. The information in the team profile can also be accessed by other Users.
4.2 The respective team members are solely responsible for the design of the team profile and all contents displayed on the team profile. The team members represent that the contents used by them on their team profile do not violate the rights of third parties, in particular that they do not infringe the intellectual property of third parties.
4.3 Each team member represents that the personal information provided on the team profile is accurate.
5. Tracks, Tasks and Tech Partners
5.1 Teams compete in different groups with different tasks ("Tracks"). When setting up the team, the participants choose which Track they would like to participate in with their team. Each team can only participate in one Track. A change of Track after the start of level 1 is only possible after consultation with STAR FINANZ. STAR FINANZ can refuse a change of Track without giving reasons. More information about the different Tracks and the respective task can be found at https://symbioticon-production.makandra.de/de/challenge.
5.2 The teams are supported in the development of their product ideas by Tech Partners. During Symbioticon, Tech Partners are available as contacts for queries, inspiration and application tips. 6. Order of Events 6.1 Symbioticon starts on 10 October 2020 at 23:59 and ends with the final on 30 March 2021. 6.2 Symbioticon is carried out in five phases. • The "warm up" will begin on 10 October 2020. From this date, Users can register on the Platform. Registered Participants can form teams from this date. • Level 1 is expected to take place from 6 November 2020 to 8 November 2020. During this period, the teams will develop their product ideas and present them via the Platform. • Level 2 is expected to take place from 11 November 2020 to 24 November 2020. During this period the teams will substantiate their product ideas, develop first prototypes and receive feedback from other Users. • Level 3 is expected to take place from January 2021 to March 2021. During this period the teams will develop a first product version in the form of a so-called minimum viable product ("MVP"). The MVPs are made available to a small group of people for testing purposes. • The final will take place in spring 2021. During this final, the best team from level 3 will be crowned "Champion". 6.3 For a detailed description of the order of events, see https://symbioticon-production.makandra.de/de/challenge.