General terms and conditions (GTC) for users

Last update: 1st of July 2016

  • §1 Description of services, acceptance

    §1 Description of services, acceptance

    1. These are the terms of use (hereinafter referred to as “Terms of Use") of aklamio GmbH, Hagelberger Str. 11, 10965 Berlin (Hereinafter referred to as "Aklamio"). Aklamio offers a service on the internet (hereinafter referred to as "Aklamio service") which allows the tracking and processing of recommendations made by persons who are registered with Aklamio in accordance with these Terms of Use (Hereinafter referred to as "Users" or “You”) for products and services offered by operators of online shops (Hereinafter referred to as "Partners"). The Aklamio service is accessible via the webpage of the Partners as well as through the Aklamio website www.aklamio.com (Hereinafter referred to as "Website"). Users can recommend the Partners’ products and services to third parties (Hereinafter referred to as “Customers”). If, upon such recommendation, Partner and Customer enter into a commercial transaction, as described below, the User receives a previously defined reward from Aklamio for its recommendation, under these Terms of Use. Alternatively, Users may purchase products or services from certain Partners participating in Aklamio’s Cashback service for themselves through the Aklamio service and receive a previously defined Cashback from Aklamio (Hereinafter referred to as "Cashback"). The following Terms of Use apply between Aklamio and any User of Aklamio.

    2. The Aklamio service may only be used by natural persons that are at least 18 years old. By accepting these Terms of Use, you declare that you are a natural person and at least 18 years old.

    3. Should the user intend to make commercial use of the Aklamio services at the time the contract is concluded, or should such an intention arise after conclusion of the contract, the user agrees to notify Aklamio in writing without delay in accepting these terms and conditions. Aklamio reserves the right to refuse any commercial use by the user in individual cases.

    4. If You intend to use the Aklamio service for a commercial purpose at the time of registration with Aklamio or if You demonstrate such an intention after registration, You, by accepting these Terms of Use, commit to inform Aklamio about this fact immediately in writing. Aklamio reserves the right to exclude you from the use of the Aklamio service, to terminate the agreement with you without notice, or to authorize such commercial use on an individual case-by-case basis.

    5. When using the Aklamio service, Users act independently and are not subject to any directions from Aklamio. Users are solely responsible for complying with any laws, regulations, statutory provisions, including relevant tax laws and trade law regulations that apply to them.

    6. The use of the Aklamio service is free for users.

  • §2 Parties

    §2 Parties

    1. Aklamio is not a representative of its Partners. Therefore, by entering into an agreement based on these Terms of Use between the User and Aklamio, no legal relationship between the User and a Partner is formed.

    2.The purchase of goods, services or other transactions on the webpage of a Partner by Users or Customers (in case of a recommendation) is a separate legal transaction between such User or Customer and the Partner; Aklamio is not a party to this legal transaction.

  • §3 Registration and conclusion of agreement

    §3 Registration and conclusion of agreement

    1. To be able to use the Aklamio service, You must register and create an Aklamio account. In order to register, you must fill out the registration or recommendation form provided by the Aklamio service and fully agree to the Terms of Use. You should also take note of the privacy policy of Aklamio ( https://www.aklamio.com/en/privacy ) which is referred to during the registration process.

    2. Each User may only register once. The User is obliged to provide truthful information in the fields of the registration form.

    3. Registration can be done via the Website, as well as in connection with making a recommendation for the first time using the Aklamio widget, which is integrated into the webpage of the Partners.

    4. Upon full registration, the User submits an offer to enter into a contractual relationship with Aklamio on the basis of these Terms of Use. The agreement between the User and Aklamio is concluded only with the confirmation of the registration by Aklamio by sending a confirmation email. Aklamio reserves the right to reject a registration request without giving any reason.

    5. The Aklamio service is carried out exclusively on the basis of these Terms of Use. Any other terms or conditions proposed by a User are hereby expressly excluded, if and to the extent those terms contradict or complement these Terms of Use. The permission to use the Aklamio service is not transferable and strictly reserved for the registered User.

    6. This agreement is entered into for an unlimited period of time.

  • §4 Revocation

    §4 Revocation

    1. You may revoke your offer to enter into this agreement within 14 days without having to give any reasons. The revocation period starts on the date of this agreement and ends 14 days thereafter. To exercise your revocation right, you must inform Aklamio (aklamio GmbH, Hagelberger Str. 11, 10965 Berlin, email: cancellation@aklamio.com ) unequivocally of your intention to revoke this agreement (e.g. by mail, fax or email).

  • §5 Rewards conditions

    §5 Rewards conditions

    1. Rewards will be paid (subject to § 6) only for successful recommendations according to the applicable rewards offer (§ 5 Nr. 3). To do this, the User must either post the recommendation on one of the media supported by Aklamio using the appropriate button or email the recommendation. Each recommendation that has been generated in such way contains a link created by Aklamio ("Referral Link") that is linked to the recommended product and Partner. Alternatively, the User can copy the Referral Link and use it for its intended purpose (especially taking into account the obligations in § 7). A recommendation shall be deemed successful if:

    • the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 Nr. 3),
    • directly (i.e. without delay and without visiting other website(s) in between) upon clicking on the Referral Link by the Customer, such Customer and the recommended Partner enter into an agreement about the recommended product or service specified in the rewards offer,
    • the transaction between the Customer and Partner fulfills the additional conditions referred to in the respective rewards offer,
    • the causation of the transaction between Customer and Partner by such recommendation is traceable by the cookie stored at the Customer’s browser (to this end, the Customer’s browser must permit cookies) and
    • the Customer is not identical with the recommending User.

    2. In addition to reward for recommendations, certain Partners may offer rewards (subject to § 6), if you purchase something yourself in such Partner’s online shop via the link provided for this purpose on the Website ("cashback"). For a purchase to be rewarded, the following conditions must be met:

    • The transaction between the you and the Partner is made using the cashback button on the Website, the Aklamio Cashbar, or other services provided by Aklamio during the validity of the rewards offer (§ 5 Nr. 3),
    • directly (i.e. without delay and without visiting other website(s) in between) upon your clicking on the cashback button on the Website and the subsequent routing to the Partner’s online shop, you and such Partner enter into an agreement about the product or service specified in the awards offer,
    • the transaction between you and Partner fulfills the additional conditions referred to in the respective rewards offer, and
    • the transaction between you and the Partner is being tracked and transmitted by the Partner and recorded by Aklamio.

    3. The User acknowledges that rewards offers are subject to change at any time and have a limited validity. A reward can only be earned if and to the extent that, at the time of the transaction between Partner and User (or Customer, as the case may be) taking effect, (i) the rewards offer is still valid and (ii) the applicable reward conditions that are in effect at the time the agreement is taking effect are met.

  • §6 Payment conditions

    §6 Payment conditions

    1. Aklamio creates a reward's account for each User after successful registration, to which earned rewards will be credited. Aklamio regularly informs you about the current status of your rewards account by email and you can see this information at any time in your account information.

    2. For each successful referral in accordance with § 5 Nr. 1 and each successful purchase in accordance with § 5 Nr. 2, as the case may be, the reward specified in the rewards offer will be temporarily credited to the User's account and marked as "pending".

    3. A pending reward becomes payable only if the following conditions are met with respect to the corresponding transaction between Partner and Customer (in the case of recommendations) or Partner and User (in the case of cashback):

    • The transaction is not rejected, revoked, cancelled or rescinded by the Partner, User or Customer or otherwise terminated (whether unilaterally or by mutual agreement),
    • full and timely payment of the purchase price invoiced by the Partner by the Customer (in the case of recommendations) or by the User (in the case of cashback) to the Partner,
    • acceptance of the ordered goods or services by the Customer or User, as the case may be,
    • any statutory or contractual cancellation or revocation period having elapsed,
    • the transaction meets any additional conditions specified in the rewards offer, and
    • confirmation of the effectiveness of the transaction by the Partner to Aklamio.

    4. After the conditions specified in § 6 Nr. 3 have been met, the reward will be credited to the rewards account and marked as "confirmed". If one or more of the requirements referred to in § 6 Nr. 3 are permanently missed, the corresponding "pending" reward will be canceled and marked as "rejected".

    5. As soon as the amount of confirmed rewards has reached the minimum amount of 1 Euro, you can demand payment of your rewards by consecutively clicking on the buttons "Account" and "Pay out" and submitting your account information in the window that opens. Payments are exclusively made by wire transfer to accounts at banks within the SEPA-region (“single euro payments area”) in Euro or the currency of the SEPA member country where the bank is located. Aklamio does not charge fees for this service. You may incur additional fees charged by your bank, in particular if you wish payment in a currency other than Euro or the local currency of the SEPA member country where your bank is located.

    6. The payout of rewards to the bank account specified by you discharges all claims for payment against Aklamio with respect to the respective rewards, even if the account does not belong you.

    7. Any objections against the balance or other details of the rewards account must be made by you in writing or by email within six (6) weeks at the latest after receipt of the email containing the rewards account status. Any failure to raise an objection in a timely manner shall be deemed an approval of the rewards account balance. Aklamio will point out this consequence to the User when informing him about the rewards account balance. The customer may request an adjustment of the rewards account balance after the six weeks period, but then must prove his claim that a reward earned by him was not credited or not credited in full. 
The cancellation right of Aklamio according to § 6 Nr. 9 of these Terms of Use remains unaffected.

    8. Any claim for payment of a confirmed reward lapses, if the User within one (1) year after confirmation of such reward does not (i) request a payout of the respective reward and (ii) does not use the Aklamio service.

    9. Rewards may be canceled by Aklamio, if a payout would be unreasonable for Aklamio due to a breach of contract by the User, in particular if (i) the User violates any of his obligations under § 1 and § 7 of these Terms of Use, (ii) the User (in the case of cashback) or the Customer (in the case of recommendations) violates the terms of use of the Partner, (iii) the User uses the Aklamio Service to obtain rewards in an improper manner inconsistent with the purpose of the Aklamio Service or (iv) the reward conditions or the payout conditions have not been met. In the case of abuse or violation of these Terms of Use Aklamio may, in its sole discretion, retroactively cancel rewards without notice. Canceled rewards are marked as "rejected".

    10.The User acknowledges that a small number of recommendations and purchases may not be properly recorded by Aklamio or a Partner for technical reasons, including but not limited to (i) errors during the loading of websites, (ii) the disabling of cookies in the User’s browser, (iii) the use of Adblockers, (iv) the cookie stored by Aklamio being overwritten due to the visit of other websites or (v) other technical disruptions of the Aklamio service or the Partner’s websites. In these cases, the User has no payment claim against Aklamio, but may request an adjustment via his account.

    11. The User may not assign or transfer individual or all rights and obligations under this agreement without Aklamio’s prior written consent.

    12. No interest is payable on credited rewards.

  • §7 User content

    §7 User content

    1. Aklamio may, at its sole discretion, permit you to post, upload, publish, enter or transmit data or content, like text or photos, for public view on the Website (Hereinafter referred to as "User Content"). By providing User Content on the Website, you grant Aklamio a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to use such User Content in connection with the Aklamio service and to edit, distribute, reproduce, transmit or make publicly available such User Content. This license ends when you delete the respective User Content or your Aklamio account.

    2.You are solely responsible for User Content you provide. By providing User Content you confirm that (i) you either have the exclusive rights pertaining to the relevant User Content or that you have all rights, licenses, permits and approvals necessary to grant Aklamio the rights to use the respective User Content pursuant to § 7 para. 1; and (ii) the provision of the respective User Content on the Website is lawful, and in particular does not violate any laws or any rights of any third party.

    3.You agree not to provide any User Content that violates public morals. In particular, your User Content must not contain pornographic, violent, discriminatory, abusive, racist or defamatory representations.

    4. Aklamio has the right to remove your User Content without prior notice, if there is sufficient indication that the public disclosure of the relevant User Content violates any laws, regulations, moral standards and/or infringe any third party rights.

  • §8 Obligations of the user

    §8 Obligations of the user

    1.You may use the Aklamio service only in accordance with applicable laws and in accordance with these Terms of Use. In particular, you may not use the Aklamio service for your own advertising, other commercial offers or in the context of illegal or immoral content.

    2.You may send recommendations via email, Facebook messages etc. using the Aklamio service only to those persons and/or companies, which have expressly consented to receiving such recommendations from you.

    3.You may not make changes to any content of the Website or other websites of Aklamio or its Partners or connect the Aklamio service with third party services, websites, or content. You may not make any changes to the referral e-mails sent through the Aklamio service; you may add additional information, but only in the context of your personal message to the recipient of the recommendation, insofar as this added information is true, appropriate and not misleading.

    4.You agree not to use any illegal or unethical means in connection with your use of the Aklamio service, in particular not to use means in the form of misdirection, deception, threat or coercion towards the recipients of your recommendations. Also, you may not mislead about or conceal the fact that you receive a reward for a successful referral.

    5.You are prohibited to use any trademarks or other rights (see section 11) of Aklamio or Partners of Aklamio, unless you received the permission to do so from Aklamio or the Partner, respectively.

    6.You may not use links generated by Aklamio in an indecent or inappropriate manner. In particular, you may not (i) copy or post or advertise such links on racist, pornographic, violent or discriminatory websites or websites harmful to minors, or (ii) make use of LayerAd, ForcedClick or similar methods.

    7.You may not use links generated by Aklamio on websites of Partners of Aklamio or on websites that are connected to the websites of Partners.

    8. You may not use the Aklamio service in any way harmful to Aklamio or its Partners. In particular, you may not use the Aklamio service to send recommendations to yourself or to fake successful recommendations.

    9.You agree to provide only accurate and up-to-date data in connection with your registration with Aklamio (§ 3) and/or the entering of your payment details (§ 6). Any changes to this data must be communicated to Aklamio immediately. This particularly applies to data that you provide for the purpose of receiving rewards payments (like name and surname of the account holder, account number, bank code, etc.).

    10. You are obliged to maintain your Aklamio account login data secure and to protect your personal password from being accessed by unauthorized third parties. All actions performed while logged on under your password are considered to be actions of you.

    11. You may only register and maintain a single Aklamio account. If you register for multiple accounts, Aklamio reserves the right to terminate all such excess accounts without notice and to cancel any credit which may have accrued on such accounts.

    12.You are solely responsible for the declaration, withholding, reporting and payment of any applicable taxes that incur in connection with the use of the Aklamio service. Aklamio has the right to provide your account information and transaction history to authorities, if and to the extent Aklamio has a legal obligation to do so.

  • §9 Availability

    §9 Availability

    1. Aklamio uses great efforts to ensure the continuous availability of the Aklamio service and the Website. Server availability has a monthly average of 98%. However, Aklamio cannot guarantee unlimited availability.

    2. Aklamio reserves the right to carry out maintenance work between 10:00pm and 6:00am (central European time). As a result, the availability of the Aklamio service and the Website may be restricted or limited during that time.

  • §10 Responsibilities

    §10 Responsibilities

    1. Unless otherwise stated in these Terms of Use, including the following provisions, Aklamio can be held liable for breaching contractual or non-contractual obligations according to applicable statutory law.

    2. Aklamio can be held liable for damages due to intentional and gross negligent conduct. For negligent conduct Aklamio can only be held liable for:

    • (i) the compensation of damages resulting from the injury of life, bodily injury or health, or
    • (ii) the compensation of damages resulting from the breach of a material contractual obligation (i.e. an obligation, the fulfillment of which is essential for the proper performance of the agreement and on the compliance of which the other party regularly relies); in this case, however, the liability of Aklamio is limited to the compensation of the foreseeable, typically occurring damage.

    3. The limitations on liability pursuant to § 10 para. 2 do not apply to the extent Aklamio has assumed a guarantee or is otherwise liable according to mandatory law, e.g. the German Product Liability Act (Produkthaftungsgesetz).

    4. Aklamio is not liable for any damages caused by its Partners. Warranty claims with respect to products or services purchased from a Partner may only be asserted against such Partner.

    5. Aklamio is not liable for links generated by Aklamio that are used or modified by the User in violation of these Terms of Use, in particular in case of an infringement of the rights of third parties. § 254 of the German Civil Code (BGB) remains unaffected.

    6. Aklamio assumes no liability for the correctness and completeness of the content provided on the Website. In particular, Aklamio is not liable for the descriptions and representations of products, services, Partners, and rewards. § 254 BGB remains unaffected.

    7. Aklamio assumes no liability for the availability of products and/or services offered by the Partners.

    8. Aklamio assumes no liability for the reliability and performance of its Partners, or for the quality of the products and services offered by its Partners.

    9. Aklamio assumes no liability for the deliverability of recommendations.

  • §11 Data protection, property rights

    §11 Data protection, property rights

    1. You are encouraged to read Aklamio’s privacy policy that governs to the protection of personal data by Aklamio.

    2. All rights pertaining to the Website and its content, any Partner’s website and its content, internet domains, the technology underlying the Aklamio service and trademarks and logos of Aklamio or its Partners, as well as all copyrights, database rights and name rights, design, utility and patent rights, and all licenses to use such Rights that currently exist or will be created, granted or transferred in the future, are hereinafter referred to as “Rights”. Aklamio (or its Partners, respectively, with regard to the websites operated by such Partners, including the content of such websites and the Partners’ logos) is the exclusive owner of all Rights. These Terms of Use do not grant or transfer any Rights to Users. Aklamio grants the User a personal, limited, non-exclusive, revocable and non-transferable right to use Aklamio service in accordance with these Terms of Use. This right of use ends with the termination of this agreement. The User undertakes not to reproduce, copy, impersonate, modify, decompile, exploit or use any content or technologies protected by these Rights, or make it available to third parties, without prior written consent from Aklamio or its Partners, respectively, unless such use is consistent with these Terms of Use and the intended use of the Aklamio service.

    2. Soweit im Folgenden von„ Rechte“ die Rede ist, sind damit sämtliche geistigen Eigentumsrechte gemeint, die mittelbar oder unmittelbar am Aklamio-Dienst, der Webseite, den Internetseiten der Partner, den Internet-Domänen, den von Aklamio oder seinen Partnern bereitgestellten Inhalten, die dem Aklamio-Dienst zugrundeliegenden Technologien sowie allen Logos von Aklamio oder seinen Partnern bestehen, einschließlich aller Urheberrechte, Datenbankrechte, Marken- und Namensrechte, Gebrauchs- und Geschmacksmuster und Patente sowie aller weltweiten Nutzungsrechte, die hieran gegenwärtig bestehen oder künftig begründet werden, eingeräumt oder übertragen werden. Aklamio (bzw. seine Partner hinsichtlich der von ihnen betriebenen Internetseiten, bereitgestellten Inhalte oder Logos) ist ausschließlicher Inhaber aller Rechte. Durch diese AGB werden keine Rechte an Nutzer übertragen oder eingeräumt. Aklamio gewährt dem Nutzer ein persönliches, beschränktes, nicht-exklusives, widerrufbares und nicht-übertragbares Recht zur bestimmungsgemäßen Nutzung des Aklamio-Dienstes im Rahmen dieser AGB. Das Nutzungsrecht endet mit Beendigung dieses Vertrags. Der Nutzer verpflichtet sich, durch Rechte geschützte Inhalte oder Technologien ohne vorherige schriftliche Einwilligung von Aklamio bzw. seinen Partnern nicht zu vervielfältigen, nachzuahmen, zu verändern, zu dekompilieren, zu nutzen oder Dritten zugänglich zu machen, es sei denn, dies entspricht der vertragsgemäßen Nutzung des Aklamio-Dienstes.

  • §12 Termination

    §12 Termination

    1. This Agreement may be terminated without cause by either party with three (3) days notice. The right to terminate with cause without notice remains unaffected.

    2. Aklamio has the right to terminate this Agreement without notice if you breach any of your obligations referred to in § 1, § 7 and § 8, and to block your Aklamio account with immediate effect.

    3. The termination must be made in writing or by email. You must send your termination notice to the address or email address stated in § 4. Aklamio will send any termination notice to the email address specified by you during registration.

    4. Upon effectiveness of the termination, Aklamio disables and deletes the User’s Aklamio account and blocks the access of the User to the Aklamio service.

  • §13 Modifications

    §13 Modifications

    1. Aklamio has the right to enter into new cooperations with Partners or to terminate existing cooperations with Partners at any time.

    2. Aklamio reserves the right to change the Aklamio service at any time, provided such change does not affect material performance obligations.

    3. Aklamio may change these Terms of Use at any time with effect for the future. Changes of these Terms of Use will be communicated no later than four (4) weeks prior to their taking effect to registered Users by email and will be made available on the site. The changes shall be deemed accepted by the User, unless the User explicitly objects in writing to particular within two (2) weeks after receipt of such email. Aklamio will point out this consequence in its email.

  • §14 Miscellaneous

    §14 Miscellaneous

    1. This Agreement including these Terms of Use are exclusively governed by German law, expressly excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the German principles of conflict of laws, provided that if the User is consumer within the meaning of § 13 of the German Civil Code (BGB) and is domiciled with the European Union, mandatory consumer protection laws of such EU member state, in which the User has its permanent residency, shall remain unaffected.

    2. If any provision of these Terms of Use is invalid in whole or in part, the validity of the remaining provisions of these Terms of Use shall remain unaffected. The invalid provision shall be replaced with a provision that comes as close as possible to achieving the objectives which the invalid term was meant to achieve.

    3. The place of the fulfillment of all contractual obligations is Berlin.

§1 Description of services, acceptance

1. These are the terms of use (hereinafter referred to as “Terms of Use") of aklamio GmbH, Hagelberger Str. 11, 10965 Berlin (Hereinafter referred to as "Aklamio"). Aklamio offers a service on the internet (hereinafter referred to as "Aklamio service") which allows the tracking and processing of recommendations made by persons who are registered with Aklamio in accordance with these Terms of Use (Hereinafter referred to as "Users" or “You”) for products and services offered by operators of online shops (Hereinafter referred to as "Partners"). The Aklamio service is accessible via the webpage of the Partners as well as through the Aklamio website www.aklamio.com (Hereinafter referred to as "Website"). Users can recommend the Partners’ products and services to third parties (Hereinafter referred to as “Customers”). If, upon such recommendation, Partner and Customer enter into a commercial transaction, as described below, the User receives a previously defined reward from Aklamio for its recommendation, under these Terms of Use. Alternatively, Users may purchase products or services from certain Partners participating in Aklamio’s Cashback service for themselves through the Aklamio service and receive a previously defined Cashback from Aklamio (Hereinafter referred to as "Cashback"). The following Terms of Use apply between Aklamio and any User of Aklamio.

2. The Aklamio service may only be used by natural persons that are at least 18 years old. By accepting these Terms of Use, you declare that you are a natural person and at least 18 years old.

3. Should the user intend to make commercial use of the Aklamio services at the time the contract is concluded, or should such an intention arise after conclusion of the contract, the user agrees to notify Aklamio in writing without delay in accepting these terms and conditions. Aklamio reserves the right to refuse any commercial use by the user in individual cases.

4. If You intend to use the Aklamio service for a commercial purpose at the time of registration with Aklamio or if You demonstrate such an intention after registration, You, by accepting these Terms of Use, commit to inform Aklamio about this fact immediately in writing. Aklamio reserves the right to exclude you from the use of the Aklamio service, to terminate the agreement with you without notice, or to authorize such commercial use on an individual case-by-case basis.

5. When using the Aklamio service, Users act independently and are not subject to any directions from Aklamio. Users are solely responsible for complying with any laws, regulations, statutory provisions, including relevant tax laws and trade law regulations that apply to them.

6. The use of the Aklamio service is free for users.

§2 Parties

1. Aklamio is not a representative of its Partners. Therefore, by entering into an agreement based on these Terms of Use between the User and Aklamio, no legal relationship between the User and a Partner is formed.

2.The purchase of goods, services or other transactions on the webpage of a Partner by Users or Customers (in case of a recommendation) is a separate legal transaction between such User or Customer and the Partner; Aklamio is not a party to this legal transaction.

§3 Registration and conclusion of agreement

1. To be able to use the Aklamio service, You must register and create an Aklamio account. In order to register, you must fill out the registration or recommendation form provided by the Aklamio service and fully agree to the Terms of Use. You should also take note of the privacy policy of Aklamio ( https://www.aklamio.com/en/privacy ) which is referred to during the registration process.

2. Each User may only register once. The User is obliged to provide truthful information in the fields of the registration form.

3. Registration can be done via the Website, as well as in connection with making a recommendation for the first time using the Aklamio widget, which is integrated into the webpage of the Partners.

4. Upon full registration, the User submits an offer to enter into a contractual relationship with Aklamio on the basis of these Terms of Use. The agreement between the User and Aklamio is concluded only with the confirmation of the registration by Aklamio by sending a confirmation email. Aklamio reserves the right to reject a registration request without giving any reason.

5. The Aklamio service is carried out exclusively on the basis of these Terms of Use. Any other terms or conditions proposed by a User are hereby expressly excluded, if and to the extent those terms contradict or complement these Terms of Use. The permission to use the Aklamio service is not transferable and strictly reserved for the registered User.

6. This agreement is entered into for an unlimited period of time.

§4 Revocation

1. You may revoke your offer to enter into this agreement within 14 days without having to give any reasons. The revocation period starts on the date of this agreement and ends 14 days thereafter. To exercise your revocation right, you must inform Aklamio (aklamio GmbH, Hagelberger Str. 11, 10965 Berlin, email: cancellation@aklamio.com ) unequivocally of your intention to revoke this agreement (e.g. by mail, fax or email).

§5 Rewards conditions

1. Rewards will be paid (subject to § 6) only for successful recommendations according to the applicable rewards offer (§ 5 Nr. 3). To do this, the User must either post the recommendation on one of the media supported by Aklamio using the appropriate button or email the recommendation. Each recommendation that has been generated in such way contains a link created by Aklamio ("Referral Link") that is linked to the recommended product and Partner. Alternatively, the User can copy the Referral Link and use it for its intended purpose (especially taking into account the obligations in § 7). A recommendation shall be deemed successful if:

  • the Customer follows such a Referral Link during the validity of the rewards offer (§ 5 Nr. 3),
  • directly (i.e. without delay and without visiting other website(s) in between) upon clicking on the Referral Link by the Customer, such Customer and the recommended Partner enter into an agreement about the recommended product or service specified in the rewards offer,
  • the transaction between the Customer and Partner fulfills the additional conditions referred to in the respective rewards offer,
  • the causation of the transaction between Customer and Partner by such recommendation is traceable by the cookie stored at the Customer’s browser (to this end, the Customer’s browser must permit cookies) and
  • the Customer is not identical with the recommending User.

2. In addition to reward for recommendations, certain Partners may offer rewards (subject to § 6), if you purchase something yourself in such Partner’s online shop via the link provided for this purpose on the Website ("cashback"). For a purchase to be rewarded, the following conditions must be met:

  • The transaction between the you and the Partner is made using the cashback button on the Website, the Aklamio Cashbar, or other services provided by Aklamio during the validity of the rewards offer (§ 5 Nr. 3),
  • directly (i.e. without delay and without visiting other website(s) in between) upon your clicking on the cashback button on the Website and the subsequent routing to the Partner’s online shop, you and such Partner enter into an agreement about the product or service specified in the awards offer,
  • the transaction between you and Partner fulfills the additional conditions referred to in the respective rewards offer, and
  • the transaction between you and the Partner is being tracked and transmitted by the Partner and recorded by Aklamio.

3. The User acknowledges that rewards offers are subject to change at any time and have a limited validity. A reward can only be earned if and to the extent that, at the time of the transaction between Partner and User (or Customer, as the case may be) taking effect, (i) the rewards offer is still valid and (ii) the applicable reward conditions that are in effect at the time the agreement is taking effect are met.

§6 Payment conditions

1. Aklamio creates a reward's account for each User after successful registration, to which earned rewards will be credited. Aklamio regularly informs you about the current status of your rewards account by email and you can see this information at any time in your account information.

2. For each successful referral in accordance with § 5 Nr. 1 and each successful purchase in accordance with § 5 Nr. 2, as the case may be, the reward specified in the rewards offer will be temporarily credited to the User's account and marked as "pending".

3. A pending reward becomes payable only if the following conditions are met with respect to the corresponding transaction between Partner and Customer (in the case of recommendations) or Partner and User (in the case of cashback):

  • The transaction is not rejected, revoked, cancelled or rescinded by the Partner, User or Customer or otherwise terminated (whether unilaterally or by mutual agreement),
  • full and timely payment of the purchase price invoiced by the Partner by the Customer (in the case of recommendations) or by the User (in the case of cashback) to the Partner,
  • acceptance of the ordered goods or services by the Customer or User, as the case may be,
  • any statutory or contractual cancellation or revocation period having elapsed,
  • the transaction meets any additional conditions specified in the rewards offer, and
  • confirmation of the effectiveness of the transaction by the Partner to Aklamio.

4. After the conditions specified in § 6 Nr. 3 have been met, the reward will be credited to the rewards account and marked as "confirmed". If one or more of the requirements referred to in § 6 Nr. 3 are permanently missed, the corresponding "pending" reward will be canceled and marked as "rejected".

5. As soon as the amount of confirmed rewards has reached the minimum amount of 1 Euro, you can demand payment of your rewards by consecutively clicking on the buttons "Account" and "Pay out" and submitting your account information in the window that opens. Payments are exclusively made by wire transfer to accounts at banks within the SEPA-region (“single euro payments area”) in Euro or the currency of the SEPA member country where the bank is located. Aklamio does not charge fees for this service. You may incur additional fees charged by your bank, in particular if you wish payment in a currency other than Euro or the local currency of the SEPA member country where your bank is located.

6. The payout of rewards to the bank account specified by you discharges all claims for payment against Aklamio with respect to the respective rewards, even if the account does not belong you.

7. Any objections against the balance or other details of the rewards account must be made by you in writing or by email within six (6) weeks at the latest after receipt of the email containing the rewards account status. Any failure to raise an objection in a timely manner shall be deemed an approval of the rewards account balance. Aklamio will point out this consequence to the User when informing him about the rewards account balance. The customer may request an adjustment of the rewards account balance after the six weeks period, but then must prove his claim that a reward earned by him was not credited or not credited in full. 
The cancellation right of Aklamio according to § 6 Nr. 9 of these Terms of Use remains unaffected.

8. Any claim for payment of a confirmed reward lapses, if the User within one (1) year after confirmation of such reward does not (i) request a payout of the respective reward and (ii) does not use the Aklamio service.

9. Rewards may be canceled by Aklamio, if a payout would be unreasonable for Aklamio due to a breach of contract by the User, in particular if (i) the User violates any of his obligations under § 1 and § 7 of these Terms of Use, (ii) the User (in the case of cashback) or the Customer (in the case of recommendations) violates the terms of use of the Partner, (iii) the User uses the Aklamio Service to obtain rewards in an improper manner inconsistent with the purpose of the Aklamio Service or (iv) the reward conditions or the payout conditions have not been met. In the case of abuse or violation of these Terms of Use Aklamio may, in its sole discretion, retroactively cancel rewards without notice. Canceled rewards are marked as "rejected".

10.The User acknowledges that a small number of recommendations and purchases may not be properly recorded by Aklamio or a Partner for technical reasons, including but not limited to (i) errors during the loading of websites, (ii) the disabling of cookies in the User’s browser, (iii) the use of Adblockers, (iv) the cookie stored by Aklamio being overwritten due to the visit of other websites or (v) other technical disruptions of the Aklamio service or the Partner’s websites. In these cases, the User has no payment claim against Aklamio, but may request an adjustment via his account.

11. The User may not assign or transfer individual or all rights and obligations under this agreement without Aklamio’s prior written consent.

12. No interest is payable on credited rewards.

§7 User content

1. Aklamio may, at its sole discretion, permit you to post, upload, publish, enter or transmit data or content, like text or photos, for public view on the Website (Hereinafter referred to as "User Content"). By providing User Content on the Website, you grant Aklamio a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to use such User Content in connection with the Aklamio service and to edit, distribute, reproduce, transmit or make publicly available such User Content. This license ends when you delete the respective User Content or your Aklamio account.

2.You are solely responsible for User Content you provide. By providing User Content you confirm that (i) you either have the exclusive rights pertaining to the relevant User Content or that you have all rights, licenses, permits and approvals necessary to grant Aklamio the rights to use the respective User Content pursuant to § 7 para. 1; and (ii) the provision of the respective User Content on the Website is lawful, and in particular does not violate any laws or any rights of any third party.

3.You agree not to provide any User Content that violates public morals. In particular, your User Content must not contain pornographic, violent, discriminatory, abusive, racist or defamatory representations.

4. Aklamio has the right to remove your User Content without prior notice, if there is sufficient indication that the public disclosure of the relevant User Content violates any laws, regulations, moral standards and/or infringe any third party rights.

§8 Obligations of the user

1.You may use the Aklamio service only in accordance with applicable laws and in accordance with these Terms of Use. In particular, you may not use the Aklamio service for your own advertising, other commercial offers or in the context of illegal or immoral content.

2.You may send recommendations via email, Facebook messages etc. using the Aklamio service only to those persons and/or companies, which have expressly consented to receiving such recommendations from you.

3.You may not make changes to any content of the Website or other websites of Aklamio or its Partners or connect the Aklamio service with third party services, websites, or content. You may not make any changes to the referral e-mails sent through the Aklamio service; you may add additional information, but only in the context of your personal message to the recipient of the recommendation, insofar as this added information is true, appropriate and not misleading.

4.You agree not to use any illegal or unethical means in connection with your use of the Aklamio service, in particular not to use means in the form of misdirection, deception, threat or coercion towards the recipients of your recommendations. Also, you may not mislead about or conceal the fact that you receive a reward for a successful referral.

5.You are prohibited to use any trademarks or other rights (see section 11) of Aklamio or Partners of Aklamio, unless you received the permission to do so from Aklamio or the Partner, respectively.

6.You may not use links generated by Aklamio in an indecent or inappropriate manner. In particular, you may not (i) copy or post or advertise such links on racist, pornographic, violent or discriminatory websites or websites harmful to minors, or (ii) make use of LayerAd, ForcedClick or similar methods.

7.You may not use links generated by Aklamio on websites of Partners of Aklamio or on websites that are connected to the websites of Partners.

8. You may not use the Aklamio service in any way harmful to Aklamio or its Partners. In particular, you may not use the Aklamio service to send recommendations to yourself or to fake successful recommendations.

9.You agree to provide only accurate and up-to-date data in connection with your registration with Aklamio (§ 3) and/or the entering of your payment details (§ 6). Any changes to this data must be communicated to Aklamio immediately. This particularly applies to data that you provide for the purpose of receiving rewards payments (like name and surname of the account holder, account number, bank code, etc.).

10. You are obliged to maintain your Aklamio account login data secure and to protect your personal password from being accessed by unauthorized third parties. All actions performed while logged on under your password are considered to be actions of you.

11. You may only register and maintain a single Aklamio account. If you register for multiple accounts, Aklamio reserves the right to terminate all such excess accounts without notice and to cancel any credit which may have accrued on such accounts.

12.You are solely responsible for the declaration, withholding, reporting and payment of any applicable taxes that incur in connection with the use of the Aklamio service. Aklamio has the right to provide your account information and transaction history to authorities, if and to the extent Aklamio has a legal obligation to do so.

§9 Availability

1. Aklamio uses great efforts to ensure the continuous availability of the Aklamio service and the Website. Server availability has a monthly average of 98%. However, Aklamio cannot guarantee unlimited availability.

2. Aklamio reserves the right to carry out maintenance work between 10:00pm and 6:00am (central European time). As a result, the availability of the Aklamio service and the Website may be restricted or limited during that time.

§10 Responsibilities

1. Unless otherwise stated in these Terms of Use, including the following provisions, Aklamio can be held liable for breaching contractual or non-contractual obligations according to applicable statutory law.

2. Aklamio can be held liable for damages due to intentional and gross negligent conduct. For negligent conduct Aklamio can only be held liable for:

  • (i) the compensation of damages resulting from the injury of life, bodily injury or health, or
  • (ii) the compensation of damages resulting from the breach of a material contractual obligation (i.e. an obligation, the fulfillment of which is essential for the proper performance of the agreement and on the compliance of which the other party regularly relies); in this case, however, the liability of Aklamio is limited to the compensation of the foreseeable, typically occurring damage.

3. The limitations on liability pursuant to § 10 para. 2 do not apply to the extent Aklamio has assumed a guarantee or is otherwise liable according to mandatory law, e.g. the German Product Liability Act (Produkthaftungsgesetz).

4. Aklamio is not liable for any damages caused by its Partners. Warranty claims with respect to products or services purchased from a Partner may only be asserted against such Partner.

5. Aklamio is not liable for links generated by Aklamio that are used or modified by the User in violation of these Terms of Use, in particular in case of an infringement of the rights of third parties. § 254 of the German Civil Code (BGB) remains unaffected.

6. Aklamio assumes no liability for the correctness and completeness of the content provided on the Website. In particular, Aklamio is not liable for the descriptions and representations of products, services, Partners, and rewards. § 254 BGB remains unaffected.

7. Aklamio assumes no liability for the availability of products and/or services offered by the Partners.

8. Aklamio assumes no liability for the reliability and performance of its Partners, or for the quality of the products and services offered by its Partners.

9. Aklamio assumes no liability for the deliverability of recommendations.

§11 Data protection, property rights

1. You are encouraged to read Aklamio’s privacy policy that governs to the protection of personal data by Aklamio.

2. All rights pertaining to the Website and its content, any Partner’s website and its content, internet domains, the technology underlying the Aklamio service and trademarks and logos of Aklamio or its Partners, as well as all copyrights, database rights and name rights, design, utility and patent rights, and all licenses to use such Rights that currently exist or will be created, granted or transferred in the future, are hereinafter referred to as “Rights”. Aklamio (or its Partners, respectively, with regard to the websites operated by such Partners, including the content of such websites and the Partners’ logos) is the exclusive owner of all Rights. These Terms of Use do not grant or transfer any Rights to Users. Aklamio grants the User a personal, limited, non-exclusive, revocable and non-transferable right to use Aklamio service in accordance with these Terms of Use. This right of use ends with the termination of this agreement. The User undertakes not to reproduce, copy, impersonate, modify, decompile, exploit or use any content or technologies protected by these Rights, or make it available to third parties, without prior written consent from Aklamio or its Partners, respectively, unless such use is consistent with these Terms of Use and the intended use of the Aklamio service.

2. Soweit im Folgenden von„ Rechte“ die Rede ist, sind damit sämtliche geistigen Eigentumsrechte gemeint, die mittelbar oder unmittelbar am Aklamio-Dienst, der Webseite, den Internetseiten der Partner, den Internet-Domänen, den von Aklamio oder seinen Partnern bereitgestellten Inhalten, die dem Aklamio-Dienst zugrundeliegenden Technologien sowie allen Logos von Aklamio oder seinen Partnern bestehen, einschließlich aller Urheberrechte, Datenbankrechte, Marken- und Namensrechte, Gebrauchs- und Geschmacksmuster und Patente sowie aller weltweiten Nutzungsrechte, die hieran gegenwärtig bestehen oder künftig begründet werden, eingeräumt oder übertragen werden. Aklamio (bzw. seine Partner hinsichtlich der von ihnen betriebenen Internetseiten, bereitgestellten Inhalte oder Logos) ist ausschließlicher Inhaber aller Rechte. Durch diese AGB werden keine Rechte an Nutzer übertragen oder eingeräumt. Aklamio gewährt dem Nutzer ein persönliches, beschränktes, nicht-exklusives, widerrufbares und nicht-übertragbares Recht zur bestimmungsgemäßen Nutzung des Aklamio-Dienstes im Rahmen dieser AGB. Das Nutzungsrecht endet mit Beendigung dieses Vertrags. Der Nutzer verpflichtet sich, durch Rechte geschützte Inhalte oder Technologien ohne vorherige schriftliche Einwilligung von Aklamio bzw. seinen Partnern nicht zu vervielfältigen, nachzuahmen, zu verändern, zu dekompilieren, zu nutzen oder Dritten zugänglich zu machen, es sei denn, dies entspricht der vertragsgemäßen Nutzung des Aklamio-Dienstes.

§12 Termination

1. This Agreement may be terminated without cause by either party with three (3) days notice. The right to terminate with cause without notice remains unaffected.

2. Aklamio has the right to terminate this Agreement without notice if you breach any of your obligations referred to in § 1, § 7 and § 8, and to block your Aklamio account with immediate effect.

3. The termination must be made in writing or by email. You must send your termination notice to the address or email address stated in § 4. Aklamio will send any termination notice to the email address specified by you during registration.

4. Upon effectiveness of the termination, Aklamio disables and deletes the User’s Aklamio account and blocks the access of the User to the Aklamio service.

§13 Modifications

1. Aklamio has the right to enter into new cooperations with Partners or to terminate existing cooperations with Partners at any time.

2. Aklamio reserves the right to change the Aklamio service at any time, provided such change does not affect material performance obligations.

3. Aklamio may change these Terms of Use at any time with effect for the future. Changes of these Terms of Use will be communicated no later than four (4) weeks prior to their taking effect to registered Users by email and will be made available on the site. The changes shall be deemed accepted by the User, unless the User explicitly objects in writing to particular within two (2) weeks after receipt of such email. Aklamio will point out this consequence in its email.

§14 Miscellaneous

1. This Agreement including these Terms of Use are exclusively governed by German law, expressly excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the German principles of conflict of laws, provided that if the User is consumer within the meaning of § 13 of the German Civil Code (BGB) and is domiciled with the European Union, mandatory consumer protection laws of such EU member state, in which the User has its permanent residency, shall remain unaffected.

2. If any provision of these Terms of Use is invalid in whole or in part, the validity of the remaining provisions of these Terms of Use shall remain unaffected. The invalid provision shall be replaced with a provision that comes as close as possible to achieving the objectives which the invalid term was meant to achieve.

3. The place of the fulfillment of all contractual obligations is Berlin.