Terms of use

§ 1 Scope and provider

(1) These terms of use govern the use of the website accessible under the domain pfotencard.de and the associated subdomains, as well as the information, functions and online services provided on it (hereinafter collectively the “Website”), by visitors and users of the Website (hereinafter “Users”).

(2) The provider and operator of the Website is Mika Joos, Joos Soft Solutions, Listweg 4, 72581 Dettingen an der Erms, Germany (hereinafter the “Provider”). You can find the full contact details in the legal notice.

(3) These terms of use set out the rules for using the Website. They become part of the contract as soon as the User expressly agrees to them in the course of a registration or order; otherwise, they serve to provide information on permitted use and on the rights of the Provider.

(4) These terms of use relate exclusively to the use of the Website. For the contractual use of the software-as-a-service platform “PfotenCard” (e.g. after registering and booking a subscription), the Provider's general terms and conditions (T&Cs) apply additionally and take precedence.

§ 2 Subject matter and purpose of the Website

(1) The Website serves to provide information about the software-as-a-service platform “PfotenCard” – a digital solution for dog schools and dog trainers – and about its functions, prices and conditions. In addition, the Website makes it possible to get in touch, subscribe to the newsletter, register a user account and access the paid services.

(2) The content provided on the Website, in particular descriptions of services and functions, is for general information purposes. It does not constitute a legally binding offer by the Provider but an invitation to submit an order (invitatio ad offerendum). The conclusion of a contract for the software is governed by the T&Cs.

(3) Use of the purely informational areas of the Website is free of charge. Costs incurred for the internet connection are borne by the User.

§ 3 Availability of the Website

(1) The Provider endeavours to keep the Website available with as few interruptions as possible. However, there is no entitlement to uninterrupted availability of the Website.

(2) The Provider reserves the right to restrict, change, suspend or discontinue the operation of the Website or of individual functions, in whole or in part, at any time, in particular due to maintenance work, capacity reasons, technical faults or events of force majeure and other circumstances beyond the Provider's control. Claims of the User arising from this are excluded unless § 8 of these terms of use provides otherwise.

§ 4 Registration and user account

(1) The use of certain functions (in particular access to the software) requires the creation of a user account. There is no entitlement to registration. The registration offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code) (dog schools and trainers); use by consumers for private purposes is not intended.

(2) When registering, the User must provide truthful and complete information and keep it up to date in the event of changes. The access data must be kept secret and protected against access by unauthorised third parties. If there is a suspicion that a third party has obtained unauthorised knowledge of the access data, the Provider must be informed without undue delay.

(3) The contractual and commercial conditions for the use of the software – including trial period, prices, term and termination – are governed by the Provider's T&Cs.

§ 5 Permitted use and obligations of the User

(1) The User undertakes to use the Website exclusively within the framework of the applicable laws and these terms of use.

(2) In particular, the User is prohibited from:

• using the Website in a manner likely to impair its functionality or availability (e.g. through high-frequency automated queries, denial-of-service attacks or the introduction of malicious code);
• circumventing the Website's security measures or gaining unauthorised access to the Provider's systems, servers or networks;
• automatically reading out, systematically copying, “scraping” or transferring content of the Website into databases, insofar as this goes beyond normal use;
• submitting unlawful, offensive, discriminatory, harmful to minors, misleading content or content infringing the rights of third parties via forms, contact fields or other input fields;
• using the Website or its content for unauthorised advertising (e.g. spam) or for anti-competitive purposes.

(3) The User shall indemnify the Provider against all claims asserted by third parties due to an unlawful use of the Website for which the User is responsible or due to a breach of these terms of use. This also includes the reasonable costs of the necessary legal defence.

(4) The Provider is entitled to block access to the Website in whole or in part in the event of a serious or repeated breach of these terms of use. Further statutory rights of the Provider remain unaffected.

§ 6 Copyright, trade mark and usage rights

(1) All content of the Website – in particular texts, graphics, images, logos, the design, videos, software, databases and the name “PfotenCard” – is protected by copyright, trade mark or competition law and is the property of the Provider or of the respective entitled third parties.

(2) The User is granted the non-exclusive, non-transferable right, revocable at any time, to access the Website and its content and display it in the browser within the scope of the intended use permitted by these terms of use.

(3) Any use going beyond this – in particular the reproduction, editing, distribution, making available to the public or other exploitation of content of the Website – requires the prior written consent of the Provider or the respective rights holder, unless it is expressly permitted by law.

(4) Trade marks, names or signs of third parties are mentioned on the Website for information purposes; the respective rights remain with their owners.

§ 7 External links and third-party content

(1) The Website may contain links to third-party websites. The Provider has no influence on their content and accepts no liability for this third-party content. The respective provider or operator of the linked pages is always responsible for their content.

(2) The linked pages were checked for possible legal violations at the time of linking; no unlawful content was recognisable at that time. Permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. If legal violations become known, the Provider will remove such links without undue delay.

(3) For the integration of third-party services (e.g. payment processing via Stripe), the terms and privacy notices of the respective providers also apply.

§ 7a Content of dog schools, notice procedure (Digital Services Act)

(1) On pfotencard.de and the associated subdomains, the Provider also stores and publishes content that dog schools post themselves, in particular entries in the dog school directory, link pages (pfotencard.de/l/…), online courses and course descriptions in the Academy as well as newsletters. The respective dog school is responsible for this content; its legal notice is linked with the respective content. In this respect, the Provider acts as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (Digital Services Act, “DSA”) and does not check this content in advance.

(2) You can report content that you consider unlawful or that violates these terms of use or the T&Cs at any time via the reporting form or by email to abuse@pfotencard.de (Art. 16 DSA); you can also reach the form via the “Report content” or “Report entry” link on link pages, directory entries, in the app and in the Academy. Please state: the exact location (URL), a substantiated explanation of why the content is unlawful, your name and email address (except for reports concerning offences against the sexual self-determination of children) and a statement that your information is correct and complete to the best of your knowledge.

(3) The Provider confirms receipt of a notice, examines it promptly, diligently and objectively and informs you of the result. No automated decision-making procedures are used for this.

(4) Possible measures include, in particular, removing or blocking individual content, hiding a directory entry, a link page or a course and, in serious or repeated cases, restricting or suspending the account. In doing so, the Provider takes into account the rights and legitimate interests of all parties involved, in particular freedom of expression and information. The dog school concerned receives a statement of reasons (Art. 17 DSA) and can object to the decision within six months by email to abuse@pfotencard.de; the Provider will then review the decision again. In addition, a certified out-of-court dispute settlement body may be called upon in accordance with Art. 21 DSA. Recourse to the courts remains unaffected.

(5) The single point of contact for authorities and users (Art. 11, 12 DSA) is info@pfotencard.de; communication is possible in German and English.

§ 8 Liability

(1) The Provider has unlimited liability for damage resulting from injury to life, body or health and for damage caused by intent or gross negligence on the part of the Provider or its legal representatives and vicarious agents.

(2) In the case of slight negligence, the Provider is only liable for the breach of an essential contractual obligation (cardinal obligation), the fulfilment of which makes the proper use of the Website possible in the first place and on compliance with which the User may regularly rely. In this case, liability is limited to the foreseeable damage typically occurring.

(3) Otherwise, the Provider's liability – regardless of the legal grounds – is excluded. Liability under the German Product Liability Act and within the scope of expressly assumed guarantees remains unaffected.

(4) The information provided on the Website is compiled with the greatest possible care. However, the Provider accepts no liability for the topicality, accuracy and completeness of the content provided, unless it is the subject of a contractual performance obligation.

(5) The Provider does not guarantee that the Website is free of viruses or other harmful software. The User is responsible for appropriate security precautions and virus protection.

§ 9 Data protection

Information on the processing of personal data in connection with the use of the Website – in particular on technically necessary storage, the contact form, registration (including with Google) and the newsletter – can be found in our privacy policy.

§ 10 Changes to these terms of use

(1) The Provider reserves the right to amend these terms of use with effect for the future, for example due to a change in the legal situation, a change in supreme court case law or a change in the range of functions of the Website.

(2) The version of these terms of use published on the Website at the time of use applies in each case. For registered Users, any separate consent requirements under the T&Cs remain unaffected.