Terms of Use – General Terms and Conditions for the Self-Booking Function of the Campaign Manager (“Self-Service GTC”)

These Terms of Use govern the contractual relationship between mobile.de and the participants of the self-service advertising tool operated by mobile.de.

1. General

1. mobile.de operates, via the internet, a self-service advertising tool through which registered users (collectively “participants”) can create and book advertising campaigns (“Self-Service Advertising Tool”).

2. These Terms of Use (“Self-Service GTC”) apply exclusively between mobile.de and the participants for the use of the Self-Service Advertising Tool. They apply in particular to the registration and use of the Self-Service Advertising Tool. Conflicting, deviating or supplementary terms and conditions of a participant shall not apply, unless mobile.de has expressly consented to their application in writing (Section 126 German Civil Code, (BGB)).

3. The booking, design, execution and other handling of advertising campaigns are governed exclusively by mobile.de’s General Terms and Conditions for Online Advertising as amended from time to time (available at https://advertising.mobile.de/en/agb) (“Advertising GT&Cs”). Other agreements between the parties, such as the General Terms and Conditions for the Professional Domain of the mobile.de Website (available at https://www.mobile.de/en/service/agbProfessional) (“GTC-PrD”), including the provisions incorporated therein (such as the Online Vehicle Trading Code), or the General Terms and Conditions for Using the Public Domain of the mobile.de Website (available at https://www.mobile.de/en/service/agbPublic) (“GTC-PuD”), remain unaffected. For the avoidance of doubt: the prices agreed via the Self-Service Advertising Tool are understood to be strictly net pursuant to Section 6.10 of the Advertising GT&Cs.

2. Registration and Conclusion of Contract, Participant Account and Access Details

1. mobile.de may send an interested party an offer to conclude a contract for the use of the Self-Service Advertising Tool under these Self-Service GTC, together with a request for consent by email. mobile.de is, however, not obliged to make such an offer to an interested party. The prospective participant may accept the offer within one calendar week of receipt of the email. Acceptance is made by an explicit confirmation of consent in reply to the email. The contract is concluded upon receipt of the confirmation of acceptance by mobile.de. After expiry of the aforementioned period, the offer lapses unless mobile.de explicitly permits later acceptance. Deviations from these Self-Service GTC may only be agreed in writing.

2. After conclusion of the contract, mobile.de sets up an account for the participant to use the Self-Service Advertising Tool (“Participant Account”). The access details (username and password) are then transmitted to the participant. The data already stored with mobile.de for the participant is used to set up the Participant Account.

3. A participant within the meaning of these Self-Service GTC is the company that holds the Participant Account. The participant may request mobile.de to set up additional user access, in particular for further branches of the participant. mobile.de may set up additional user access for the participant upon such a request. The participant is not entitled to additional user access; the decision lies within the discretion of mobile.de. Persons authorized to use the Self-Service Advertising Tool via the additional user access assigned to the participant’s Participant Account (“authorized users”) may use the Self-Service Advertising Tool through the respective user access.

4. The contract may be concluded in German and, where applicable, in English. The text of the contract (these self-service terms and conditions) is available here.

5. Registration is permitted only for legal entities, natural persons with full legal capacity and partnerships. In particular, minors are not permitted to register. The registering person must be authorized to conclude corresponding contracts on behalf of the participant.

6. The registering person is obliged to provide complete and truthful information.

7. During registration and throughout the contractual relationship, mobile.de is entitled to request the submission of an extract from the commercial register and/or trade register (Handelsregister/Gewerberegister) as well as other documents and information that appear necessary or expedient for the registration or the maintenance of the contractual relationship.

8. If the information provided changes after registration, the participant must notify mobile.de without undue delay. Such notification may only be made in writing (including by email).

9. Upon initial registration and upon every change, the participant must verify the accuracy of the information provided. Before transmitting its data, the participant has the opportunity to review its data and, where applicable, to correct it using the technical means provided.

10. The participant must keep its password confidential and safeguard its access details carefully. Furthermore, it must notify mobile.de immediately if there is any indication that its access details have been misused by third parties. This also applies to the access details of individual authorized users of a participant where the participant has several user accesses.

11. mobile.de will not pass on a participant’s password to third parties and will never ask the participant for its password by email or telephone.

12. The participant is generally liable for all activities carried out using its access details or using user accesses authorized by it pursuant to Section 2.3 to its Participant Account, in particular also for all activities of its authorized users, where a participant has several user accesses. If the participant is not responsible for the misuse of the access details because no breach of the applicable duties of care has occurred, it shall not be liable.

3. Blocking, Termination and other Measures

1. If a violation of statutory provisions, third-party rights, these Self-Service GTC, the Advertising GT&Cs or the GTC-PrD (including the provisions incorporated therein, such as the Online Vehicle Trading Code) or the GTC-PuD constitutes a material reason for mobile.de, mobile.de may also take the following measures:

   • restriction or limitation of the use of the Self-Service Advertising Tool, insofar as the restriction is suitable to limit the effects of the violation or to prevent repeated violations by the participant;

   • temporary blocking of participants;

   • definitive blocking of participants;

   • final termination of the user relationship (termination);

   • deletion of the Participant Account.

   A material reason for mobile.de exists if the participant does not remedy a serious violation within a reasonable period of time set by mobile.de despite a corresponding request by mobile.de, if the participant repeatedly commits a serious violation despite a previous warning by mobile.de, or if other reasons make it unreasonable for mobile.de to continue the contractual relationship without taking the measure, taking into consideration all circumstances of the individual case and weighing the interests of both parties.

2. In selecting the measure, mobile.de shall take into account the legitimate interests of the affected participant, in particular whether the participant is not responsible for the contravention. If mobile.de takes one of the above measures, mobile.de will inform the affected participant of the measure, with a statement of reasons in accordance with applicable law and refer them to any legal remedies to which the participant is entitled to.

3. The contractual relationship between mobile.de and the participant concerning the use of the Self-Service Advertising Tool may be terminated by either contracting party with a notice period of 30 days. Notice of termination must be given in writing to mobile.de GmbH, Dernburgstraße 50, 14057 Berlin, or by email to service@team.mobile.de. mobile.de’s right to terminate without notice for good cause remains unaffected. Possible grounds for termination by mobile.de may arise, among other things, from Sections 3.1 and 3.2 in conjunction with the relevant provision that has been violated. Furthermore, the parties are free to deviate from the termination periods agreed here in separate written supplementary agreements that refer to these Self-Service GTC; in such case, the provisions of the respective supplementary agreement shall prevail. The written form pursuant to Section 3.3 of these Self-Service GTC means written form pursuant to Section 126 BGB. This also applies to any waiver of or agreement to dispense with the written form requirement. The written form may also be satisfied by signature via DocuSign.

4. In the event of a definitive block or termination, mobile.de will inform the participant of this circumstance 30 days before the block takes effect and will state the reasons on a durable medium (e.g. email), unless compelling reasons prevent this. The aforementioned period does not apply if the termination or definitive block is effected due to mandatory statutory provisions or an official order, or if mobile.de can prove that the participant has repeatedly violated these Self-Service GTC, which led to the termination or definitive block.

4. Changes to the Self-Service GTC

1. mobile.de may offer participants changes to these Self-Service GTC with reasonable advance notice (“Change Offer”), which may not be shorter than 15 days. The amended terms will be made available to participants on a durable medium (e.g. by email) no later than the aforementioned period of at least 15 days before the proposed effective date of the changes. If the participant wishes to reject the Change Offer, it has the right, free of charge, to terminate the contractual relationship with mobile.de with effect from the effective date of the changes, at any time up to the proposed effective date. If the participant does not exercise this right of termination, the Change Offer is deemed accepted. In the message by which the changes are offered, mobile.de will again expressly point out to the participant the possibility of rejecting the Change Offer by termination and the deadline for doing so. The amended Self-Service GTC will also be published on the mobile.de website.

5. Rights and Obligations of the Participant

1. The participant’s right to use the Self-Service Advertising Tool is limited to the term of the user agreement and to the contractually agreed purposes; it is non-exclusive, non-sublicensable and non-transferable.

2. The Self-Service Advertising Tool and the content made available through it may not be extracted, reused, integrated into another website, linked and/or otherwise connected, either in whole or in part. The use of data mining, scraping and/or similar data-gathering programs, robots, extraction programs and techniques is prohibited, in particular with regard to the content accessible in the Self-Service Advertising Tool. Violations will be pursued under civil law, among other things as unlawful interference with an established and operating business enterprise, and may have criminal consequences under Sections 108 et seq. of the German Copyright Act (UrhG) as an unlawful infringement of related rights.

3. Activities aimed at impairing the Self-Service Advertising Tool and the services available through it are prohibited. The participant may not take measures that could result in an unreasonable or excessive burden on the Self-Service Advertising Tool. The participant is not permitted to block, overwrite or modify the Self-Service Advertising Tool or the content made available through it, or to otherwise interfere with the Self-Service Advertising Tool in a disruptive manner.

4. Furthermore, the participant may not use the Self-Service Advertising Tool to advertise the following content:

   • ads/listings on mobile.de; and

   • unlawful content/offers.

   The restrictions contained in the respective applicable Advertising GT&Cs remain unaffected.

5. Before release or use, the participant is obliged to review, on its own responsibility, all content generated by means of the AI functions available in the Self-Service Advertising Tool for accuracy, completeness, legality and other suitability. mobile.de gives no warranty for the accuracy, completeness, currency, availability or suitability of content generated by the AI functions. Responsibility for the use of the generated content lies solely with the participant. All AI-generated content released or used by the participant is attributed to the participant. The participant may only enter such content and data into the AI functions whose processing for this purpose is lawful and does not infringe third-party rights. The entry of confidential information and personal data is only permitted to the extent that their processing via the AI functions is permitted expressly and also permissible under data protection law.

6. If the participant uses an AI agent, permits its use or causes it to be used to access the Self-Service Advertising Tool or to interact with it, the following provisions of Section 5.4 apply. “AI agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or on the instructions of a person or organization. The AI agent must identify itself as such at all times and act in accordance with the conditions of this Section 5.4; otherwise its use is prohibited. mobile.de may prohibit the use of AI agents in general or of individual AI agents at any time, or restrict their use at any time, including by technical measures. AI agents must comply with the following technical requirements:

   • they must indicate in all HTTP/HTTPS requests that the request originates from an AI agent and must disclose the name of the AI agent by including the following in the user-agent string of the request: “Agent/[agent name]”;

   • they must not suppress or conceal that access to, use of or interactions with the Self-Service Advertising Tool originate from an AI agent, in particular by (i) imitating the speed or pattern of human keystrokes, page navigation or other interactions, or (ii) by completing or circumventing CAPTCHAs or other measures designed to distinguish computers from humans;

   • they must truthfully answer all questions or prompts designed to determine whether interactions originate from a human or a computer; and

   • they must not circumvent or otherwise undermine measures designed to block, restrict or monitor the access of AI agents to the Self-Service Advertising Tool, its use or interaction with it.

6. Warranty

1. The Self-Service Advertising Tool is available for at least 97% on a monthly average. Due to necessary maintenance work and improvements, individual functions may be temporarily unavailable.

2. mobile.de is released from its performance obligation in cases of force majeure. Force majeure means all unforeseeable events as well as events whose effects on the performance of the contract are not attributable to either party. Such events include in particular legitimate labour disputes, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators (Leitungsgeber), other technical malfunctions, including when such circumstances occur in the area of subcontractors, sub-suppliers or their subcontractors, or operators of subnodal data processors (Subknotenrechner) authorised by the supplier. No entitlements shall result for participants for any failures for which mobile.de is not responsible.

7. Limitation of Liability

1. Except if essential contractual obligations are violated, mobile.de shall only be liable for damages vis-à-vis companies if and to the extent that mobile.de, its legal representatives, senior managers or other persons employed by mobile.de in the performance of its obligations are culpable of having acted intentionally or with gross negligence. Should essential contractual obligations be violated, mobile.de shall, in deviation of the above regulation, be liable for any culpable conduct of its legal representatives, senior managers or other persons employed by mobile.de in the performance of its obligations. Essential contractual obligations are such obligations the fulfillment of which makes the due performance of the contract possible in the first place, on the compliance with which the participant may normally rely and the breach of which jeopardizes the achievement of the contractual purpose.

2. With the exception of intentional or grossly negligent conduct of legal representatives, senior managers or other persons employed by mobile.de in the performance of its obligations, the liability of mobile.de shall be limited in its amount to damages typically foreseeable at the time the agreement is concluded.

3. There shall only be a liability for the compensation of indirect damage, in particular for lost profits, in the case of intentional or grossly negligent conduct of legal representatives, senior managers or other persons employed by mobile.de in the performance of its obligations.

4. The exclusions and limitations of liability referred to above shall not apply in the case of specific guarantees having been made by mobile.de, nor in case of damages resulting from injury to life, limb or health or the violation of mandatory statutory provisions.

8. Exercise of rights by third party, transfer of contract

1. mobile.de may make use of affiliated companies when performing the rights and obligations under this user agreement.

2. mobile.de has the right to fully or partially transfer its rights and obligations under this contract to a third party with a notification period of four weeks. In this case a participant may terminate the user agreement.

9. Final Provisions

1. This usage agreement, including these Self-Service GTC, shall, in its application and interpretation, be subject exclusively to the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11th, 1998 shall be excluded.

2. The place of performance shall be 14057 Berlin. Berlin shall be agreed upon as exclusive place of jurisdiction for any and all claims arising from or in connection with the user agreement including those Self-Service GTC, to the extent this concerns a merchant, legal entity or special funds under public law. The same shall apply if the participant has transferred their residence abroad following the conclusion of the agreement, or does not have any general place of jurisdiction in Germany.

3. mobile.de is willing to cooperate with the mediators listed here in order to achieve an out of court settlement of any disputes with business users; however, before initiating such mediation proceedings, mobile.de recommends that business participants try to clarify their concerns with mobile.de’s customer service or mobile.de’s internal complaint-handling system.

4. The invalidity or ineffectiveness of individual provisions of the present Self-Service GTC in whole or in part shall not affect the validity of the remaining provisions. Such invalid or ineffective provisions of these Self-Service GTC shall be replaced by the statutory law. Where such statutory law for the individual case does not apply (regulatory gap) or leads to an unacceptable result, the parties shall enter into negotiations in order to agree legally effective provisions which come as close as possible in economic terms to said invalid or ineffective provisions.