SCNX – Terms of Service
We have translated this document into English for your convenience. This translation is for informational purposes only, and the definitive version of this page is the German version.
We are happy to make the following older versions available for download:
- Valid before 11.05.2026: Version 1
As of: 11.05.2026 · Version 2.1
These Terms of Service govern the use of SCNX, a platform operated by ScootKit UG (haftungsbeschränkt), having its registered office in Munich and registered in the Commercial Register of the Local Court of Munich under HRB 296162 (hereinafter also "ScootKit", "Operator", "we", or "us"). The contractual address and statutory required information can be found in the imprint at https://scootkit.com/imprint.
The additionally applicable Data Processing Agreement (DPA) between the parties takes precedence over these Terms of Service with respect to the processing of personal data on behalf of the Customer.
Consumers having their habitual residence in the European Union have the right to withdraw their contractual declaration within fourteen (14) days without giving any reason. The full withdrawal instructions as well as a model withdrawal form are available at https://scootk.it/contract-withdrawal (see § 30).
§ 1 Scope, Contracting Parties, and Definitions
(1) These Terms of Service govern the legal relationship between ScootKit UG (haftungsbeschränkt) and the natural or legal person using the services available at scnx.app (collectively, the "Service" or the "Platform"; the using person hereinafter referred to as the "Customer"). The Customer's contracting partner is exclusively ScootKit; for purchases made through authorized resellers, § 20 applies.
(2) The Platform comprises the dashboard at scnx.app, the Custom Bots created and operated by the Customer through the dashboard together with their modules, AI-based functions, server backups, import and marketplace functions, third-party integrations, and the related web, API, and bot interfaces.
(3) The following definitions apply to these Terms of Service:
| Term | Definition |
|---|---|
| "Consumer" | Any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 German Civil Code (BGB)). |
| "Entrepreneur" | A natural or legal person, or a partnership with legal personality, who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (§ 14 BGB). |
| "Discord" | The services operated by Discord Inc.; a "Discord Account" is a user account with Discord. A "Server" is a guild within the meaning of the Discord documentation. |
| "Account" | The Customer's user account on the Platform; a "registered Server" is a Discord server that has been linked to the Account pursuant to § 7. |
| "Authentication Service" | The procedure approved by ScootKit at any given time for sign-in to the Platform. Sign-in is currently exclusively via Discord; ScootKit may introduce additional procedures or replace existing ones and will announce the available procedures in the dashboard. |
| "Custom Bot" | Any bot or comparable application created, configured, or operated by the Customer through the dashboard that interacts with the Discord API via the Platform. The term covers all such bots and applications of the Customer (including those labeled "Support Bot" or under similar names), regardless of their number. |
| "Module" | Any function or group of functions of the Platform that the Customer can activate or configure through the dashboard, regardless of whether it is expressly designated as a "module" in the dashboard. This includes all function(s) (groups) at platform, account, Custom Bot, or server level that the Customer can activate, deactivate, or configure. |
| "DPA" | The Data Processing Agreement applicable between the parties pursuant to Art. 28 GDPR (§ 22). |
| "GDPR" | Regulation (EU) 2016/679. |
| "DSA" | Regulation (EU) 2022/2065. |
| "AI Act" | Regulation (EU) 2024/1689 (AI Act). |
| "Text Form" | Declarations within the meaning of § 126b BGB; in particular by e-mail, in the dashboard, or via a web form. |
| "Support Case" | Any support request opened by the Customer with ScootKit, regardless of the channel through which it is handled (in particular in the ScootKit Discord, by e-mail, or via the contact forms offered in the dashboard). |
§ 2 Description of Services
(1) ScootKit provides the Customer with tools through the Platform for the management, automation, and extension of Discord communities. The respectively available scope of functions is set out in the dashboard.
(2) The scope of functions includes in particular:
- (a) the creation, configuration, and operation of Custom Bots with the respectively enabled modules;
- (b) the creation, restoration, and management of server backups;
- (c) AI-based functions (§ 11);
- (d) import and marketplace functions (§ 14);
- (e) third-party integrations such as webhooks and APIs (§ 13);
- (f) administrative tools such as Trusted Admin access.
(3) Uninterrupted availability is not owed (also due to the nature of the internet, the dependency on the Discord API, and necessary maintenance and security measures). ScootKit will announce necessary restrictions in advance to the extent possible.
(4) ScootKit is not responsible for the availability or behavior of the Discord services or of any other third-party services on which the Service depends. Outages, changes to, or discontinuations of such third-party services do not trigger any warranty liability of ScootKit.
(5) Material impairments of the contractually owed scope of services may only occur in accordance with § 34.
(6) Scope of platform activity. ScootKit provides the technical infrastructure for the Custom Bots and platform functions configured by the Customer. ScootKit does not join registered Servers as a member and does not perform any content moderation or review of content distributed via the Discord servers, in particular messages or comparable server content. Moderation or review by ScootKit is limited to content stored by the Customer on the Platform itself (in particular configurations, marketplace content, and content stored in the dashboard). ScootKit may process publicly accessible Server information (such as server name, description, or member count) as well as account information obtained via the Authentication Service for the purposes of platform administration, tenant isolation, and compliance with statutory obligations. Data that the Custom Bots process on behalf of the Customer via the Discord API is not used by ScootKit for its own purposes; in this respect, ScootKit acts solely as a processor pursuant to § 22 and the DPA.
§ 3 Conclusion of Contract and Account
(1) The contract is concluded when the Customer signs in to the dashboard for the first time and expressly accepts these Terms of Service. Sign-in takes place via an Authentication Service provided by ScootKit (§ 1 para. 3). An Account of the Customer is automatically created upon sign-in.
(2) By accepting these Terms of Service, the Customer simultaneously accepts the DPA in the version available at https://scootk.it/scnx-dpa. Electronic acceptance meets the written form requirement under Art. 28 para. 9 GDPR. Entrepreneurs may request a separate, countersigned copy via the form at https://scootk.it/dpa-request-form or by e-mail to [email protected]; that copy will take precedence over the electronically accepted version.
(3) The Customer shall keep the contact details stored with the Authentication Service in use accurate, to the extent ScootKit relies on them, and shall promptly update any changes to their legal status (in particular changes from consumer to entrepreneur status) in the dashboard.
(4) ScootKit may refuse the opening of an Account or the registration of a Server for good cause, in particular where there are indications of circumvention of prior suspensions or of breach of sanctions regulations.
(5) The contract is concluded for an indefinite period and may be terminated pursuant to § 29.
§ 4 Age Requirements
(1) The Service is intended for natural persons who have reached the age of 16 and for businesses. By signing in, the Customer represents that they are at least 16 years old.
(2) Natural persons under the age of 18 may use the Service only with the consent of their legal guardians. ScootKit may require evidence of consent in Text Form; until such evidence is provided, ScootKit may suspend the Account. If a legal guardian is to become a contracting party themselves (in particular as the holder of the Account or as a purchaser of paid functions), a separate contractual declaration by the legal guardian is required.
(3) Purchases (in particular the activation of paid functions, the acquisition of AI Coins, and the conclusion of subscriptions) are not permitted to minors.
(4) Use of the dashboard requires that the user be the owner or administrator of the respective Discord server, or that they have been designated by such person as a Trusted Admin (§ 9).
(5) Where ScootKit determines that a user does not meet the minimum age or is acting without the required consent, ScootKit is entitled to suspend the Account and the associated registered Servers and to delete them in accordance with the privacy policy.
§ 5 Sanctions-Law Restrictions
(1) The Customer represents that they have neither residence nor citizenship in a country or territory against which a comprehensive embargo exists under the laws of the European Union, the Federal Republic of Germany, the United Nations, or the United States of America.
(2) The Customer further represents that they are not listed on any governmental sanctions list of the Federal Republic of Germany, the European Union, the United States of America, or the United Nations. ScootKit performs ongoing sanctions list screening on the basis of the data provided by the Customer and the account information obtained from Discord (Art. 6 para. 1 lit. c GDPR in conjunction with the applicable sanctions provisions).
(3) Where there is reasonable cause to assume sanctions list affectedness, ScootKit may suspend access to the Platform and put ongoing payments on hold until the matter is clarified.
§ 6 Rights of Use; Intellectual Property
(1) ScootKit grants the Customer, for the term of the contract, a simple, non-exclusive, non-sublicensable, and non-transferable right to use the Service to the contractually agreed extent. The right of use is limited to the Customer's Account and registered Servers.
(2) In particular, the Customer shall not:
- (a) reverse engineer, decompile, or disassemble the source code of the Service, except to the extent permitted by § 69e of the German Copyright Act (UrhG);
- (b) use the Service for purposes that violate these Terms of Service or applicable law;
- (c) use automated means such as spiders, robots, or scraping tools beyond the indexing required for proper use;
- (d) circumvent security, authentication, or rate-limit mechanisms.
(3) All trademark, copyright, and other intellectual property rights in the Service remain with ScootKit or its licensors. No licenses or rights of use, whether express or implied, are granted to the Customer beyond the rights expressly granted.
(4) In the case of material breaches of contract, ScootKit may restrict or revoke the right of use after prior warning in Text Form with a notice period of at least 14 days. A warning is not required where immediate suspension is necessary to avert imminent harm.
§ 7 Registration of Servers
(1) The use of essential functions requires the registration of one or more Discord servers by the Customer. Registration takes place in the dashboard; the required permissions are checked via the Discord API.
(2) Only owners of the respective Discord server and users with the Discord permission "Administrator" are entitled to register a server. If the Customer is not the server owner themselves, they represent that the server owner has consented to the registration and that they can prove such consent in Text Form upon request. If the Customer acts on behalf of a legal entity, they additionally represent their authority to do so.
(3) With registration, the Customer grants ScootKit the technical permissions required to operate the Custom Bots configured via the dashboard. The Custom Bots access the registered server via the Discord API exclusively on the instructions and on behalf of the Customer (§ 22, DPA). ScootKit itself does not join registered Servers as a member and does not use the server content accessible via the Discord API – in particular message content – for its own purposes; ScootKit does not perform any content review of the content distributed via the Discord servers. § 2 para. 6 remains unaffected.
(4) ScootKit may refuse individual registrations for good cause, in particular in the case of breaches by the server against the Discord Terms of Service or Discord Community Guidelines.
§ 8 Content and Conduct Guidelines
(1) Registered Servers and the content disseminated on them must comply with the Discord Terms of Service, the Discord Community Guidelines, applicable law, and the following guidelines.
(2) Prohibited in particular is the use of the Service for:
| Prohibited use | |
|---|---|
| (a) | content that is criminal or incites criminal acts, in particular incitement of hatred, child or youth pornographic content, instructions for serious acts of violence, or terrorist content. |
| (b) | discrimination, targeted bullying, or harassment of persons or groups, in particular on grounds of origin, skin color, religion, gender, sexual identity, disability, or age. |
| (c) | dissemination of demonstrably false information with non-negligible potential for harm, in particular regarding health topics or in the context of democratic decision-making. |
| (d) | abusive marketing practices, in particular "invite rewards", DM advertising without the express consent of the recipients, as well as misleading or harassing commercial communication. |
| (e) | requesting, collecting, or processing identity documents or comparably sensitive official documents via the Platform; the upload of such documents is prohibited. |
| (f) | dissemination of NSFW content outside of the channels designated by Discord for this purpose and expressly marked as "NSFW". |
| (g) | circumvention of suspensions or orders by Discord Inc. or by public authorities, in particular by restoring suspended servers or creating circumvention bots. |
(3) In the case of servers dealing with particularly sensitive topics (in particular mental health, suicidality, addiction, eating disorders), the Customer shall clearly indicate, in a manner that is easy to find for server members, that the server does not provide professional therapeutic assistance, and shall link to appropriate help resources (in particular emergency hotline numbers and qualified counseling centers).
(4) ScootKit reviews compliance with the content guidelines with respect to content stored by the Customer on the Platform (in particular configurations, marketplace content, and content stored in the dashboard) as well as reactively on the basis of notices pursuant to § 23. ScootKit does not perform content review of the content disseminated via the Discord servers (§ 2 para. 6); moderation thereof rests with the Customer. In the event of identified violations, the measures under § 28 may apply; in the case of illegal content on the Platform, § 23 and the provisions of the DSA additionally apply.
§ 9 Trusted Admins
(1) ScootKit enables the Customer to grant third-party natural persons ("Trusted Admins") access to a registered Server in accordance with a permissions matrix configurable in the dashboard. The Customer may determine the powers of individual Trusted Admins and revoke them at any time.
(2) Alternatively, the Customer may configure that Discord users with the "Administrator" permission on the registered Server automatically receive Trusted Admin status.
(3) The Customer shall ensure that Trusted Admins are aware of and comply with these Terms of Service. Acts of Trusted Admins are deemed acts of the Customer; the Customer is liable for them as for their own actions.
(4) The following decisions can be validly made only by the Customer themselves (in the case of legal entities: by a person with authority of representation) and not by a Trusted Admin:
- (a) objection to sub-processors under § 9 DPA;
- (b) termination of the DPA or of these Terms of Service;
- (c) deletion of the Account;
- (d) changes to payment details and booked subscriptions;
- (e) acceptance or rejection of material changes to these Terms of Service or to the DPA within the meaning of § 34 para. 3.
(5) In case of doubts about legitimation, ScootKit may, prior to carrying out a decision under paragraph 4, request additional confirmation from the Customer in Text Form.
§ 10 Custom Bot and Modules
(1) With the Custom Bot, ScootKit provides the Customer with modular software that the Customer configures in the dashboard and operates for their registered Servers. The respectively available modules are listed in the dashboard and can be individually activated, deactivated, and configured.
(2) ScootKit may introduce new modules and may revise, merge, or discontinue existing modules. Configuration of a module by the Customer is deemed activation for the respective server.
(3) Depending on the Customer's configuration, modules may trigger measures against server members without further human involvement. These include in particular the deletion of messages as well as the warning, timing-out, suspension, or banning of members, the assignment or revocation of roles, and the controlling of the admission of new members. Whether and to what extent the configuration chosen by the Customer triggers such measures depends exclusively on the rules, thresholds, and reaction levels set by the Customer. The Customer is therefore obliged to be familiar with their configurations and to review them regularly, and prior to material adjustments, with regard to functioning, proportionality, and lawfulness.
(4) Automated measures under paragraph 3 are based exclusively on rules and thresholds set by the Customer. In this respect, the Customer is the controller within the meaning of the GDPR and solely responsible for compliance with Art. 22 GDPR (automated decisions in individual cases), including transparency vis-à-vis the affected server members.
(5) The Customer is solely responsible for the configuration of the Custom Bot and the modules. ScootKit is not liable for damages arising from a faulty, incomplete, or unlawful configuration by the Customer.
(6) The dashboard and the hosting offering do not constitute a standalone "Application" within the meaning of the Discord Developer Policy; only the Custom Bots created by the Customer are considered an "Application" in that sense. In that respect, the Customer is the sole contracting party of Discord Inc.
§ 11 AI Functions; Allocation of Roles under the AI Act
(1) ScootKit offers AI-based functions ("AI Functions"), including in particular:
- (a) the AI Chat Channel (conversational responses in a dedicated channel);
- (b) AI image generation;
- (c) AI audio functions (speech synthesis and/or recognition);
- (d) AI summaries of existing chat histories;
- (e) AI drafts for announcements, rule sets, and comparable texts.
(2) The AI Functions are in part provided using AI models of third parties ("AI Providers"). The respectively integrated AI Providers are identified in the list of sub-processors under § 9 DPA.
(3) Allocation of roles under the AI Act.
- (a) ScootKit is a provider of an AI system within the meaning of Art. 3 No. 3 AI Act, or a downstream provider, insofar as ScootKit integrates a third-party AI system into its own functions.
- (b) The Customer is the deployer of the AI system within the meaning of Art. 3 No. 4 AI Act with respect to the AI Functions that the Customer activates for their registered Servers. The Customer is subject to the relevant obligations as a deployer, in particular the transparency obligations under Art. 50 AI Act vis-à-vis server members.
- (c) ScootKit provides suitable technical indications and default settings in the dashboard to facilitate compliance with these transparency obligations. Their activation and customization are the responsibility of the Customer.
(4) Prohibited practices. The Customer shall not use the AI Functions in a manner prohibited under Art. 5 AI Act, in particular not for manipulative or deceptive purposes, for exploiting the vulnerability of certain groups of persons, or for biometric identification or categorization outside the cases permitted by law.
(5) AI chat personalities. Where ScootKit offers different "personalities" for the AI Chat Channel, these are intended for entertainment purposes and are designed in such a way that their AI nature remains recognizable to an averagely informed end user. ScootKit may remove or modify individual personalities at any time without prior notice. The Customer shall not use AI personalities in contexts in which end users rely on the truthfulness of the information provided (e.g., health, legal, or financial advice).
(6) Content responsibility. AI-generated content may be incorrect, incomplete, or inappropriate and may infringe third-party rights (in particular copyright, trademark, or personality rights). The Customer reviews AI-generated content prior to publication or further use for accuracy, lawfulness, and appropriateness; in particular, the Customer ensures that the use of the content does not infringe third-party rights. ScootKit gives no warranty as to the accuracy, completeness, freedom from third-party rights, or suitability of AI-generated content for a particular purpose.
(7) Training. ScootKit does not use data and server content transmitted by the Customer via the Service for the training of its own or third-party AI models, unless mandatorily required by law. The provisions of the DPA are authoritative.
§ 12 Server Backups
(1) ScootKit enables the Customer to create backups of a registered Server. Content and scope depend on the booked plan and are stated in the dashboard.
(2) ScootKit may modify backups to the extent necessary for compelling technical reasons, in particular for adaptation to changes in the Discord API. Deletion of individual backups prior to expiry of a minimum retention period stated in the relevant product description occurs only where their retention is no longer technically possible or where a legal order so requires. ScootKit will inform the Customer in advance about upcoming deletions to the extent possible.
(3) A unique password is generated by the system for each backup, which the Customer can view in the dashboard. With the password, any owner can initiate a restore unless the "Server Lock" is activated. For new backups, the Server Lock is activated by default. The Customer shall treat the password confidentially.
(4) Backups are not a professional failover solution. The Customer remains responsible for an adequate backup of essential configurations outside the Platform in accordance with their own needs.
(5) Backups may not be used to circumvent suspensions or measures of Discord Inc. If Discord Inc. has suspended or deleted a server or account of the Customer, ScootKit will not change the Server Lock without consent of Discord or a corresponding judicial or administrative decision.
§ 13 Third-Party Integrations
(1) The Customer may configure the Service to communicate with third-party services, in particular by calling external APIs and by sending or receiving webhooks. The third-party services used are selected and configured by the Customer, not by ScootKit.
(2) The Customer is solely responsible for the lawful integration of such third-party services, in particular for the data protection relationship with their providers (controller/processor, third-country transfer, agreements under Art. 28 or Art. 26 GDPR). From the perspective of the Platform, transmission to third-party services takes place on the instructions of the Customer within the meaning of Art. 28 para. 3 lit. a GDPR and in accordance with § 18 DPA; with respect to such third-party services, ScootKit is neither a contracting party of the Customer nor a sub-processor.
(3) ScootKit may apply technical protective measures (e.g., rate limits, block and allow lists, filters against manifestly harmful destinations).
(4) The Customer indemnifies ScootKit against claims of third parties arising from their unlawful or contract-breaching use of third-party services. § 32 applies accordingly.
§ 14 Import and Marketplace Functions
(1) ScootKit offers functions that allow Customers to publish pre-made configurations, commands, texts, and similar content ("Importable Content") in the Marketplace, and other Customers to import such content into their own servers.
(2) The offering Customer represents that they hold the rights required for publication and that no third-party rights are infringed. They grant ScootKit the simple rights of use required for provision in the Marketplace (storage, reproduction, and technically required duplication). § 24 otherwise applies accordingly.
(3) The importing Customer reviews Importable Content prior to import. Upon import, the importing Customer adopts the content as their own; § 8 and § 24 apply to them accordingly.
(4) ScootKit does not systematically review Importable Content for lawfulness. Any moderation of the Marketplace serves exclusively the protection of the Platform and of users; it does not constitute any warranty and no obligation of ongoing review within the meaning of Art. 8 DSA. § 23 applies accordingly.
(5) ScootKit may remove Importable Content without prior notice where this is necessary to safeguard third-party rights or to comply with statutory provisions.
§ 15 Beta Functions
(1) ScootKit may mark individual functions in the dashboard as a "beta function" prior to their general availability and make them available only to selected Customers.
(2) Beta functions are still under development. ScootKit makes no promises with respect to availability, response times, or specific functionality for beta functions, and may change, pause, or discontinue them at any time without prior notice. Mandatory statutory warranty rights remain unaffected.
(3) The liability limitations under § 31 apply to the use of beta functions with the proviso that, outside the mandatory liability cases under § 31 para. 5, ScootKit is also not liable for the slightly negligent breach of material contractual duties, provided that the Customer has been expressly informed of the increased risk by way of the designation as a beta function. Consumers are separately informed of the increased risk prior to activation of a beta function.
(4) Paid functions that are later returned to beta status, or beta functions converted into a paid variant, do not trigger a new contractual relationship; prices and conditions are communicated to the Customer prior to any booking or conversion.
§ 16 Commercial Use
(1) Commercial use exists where the Service, individual modules, or a registered Server are used to support commercial, freelance, or otherwise profit-oriented activity, in particular where:
- (a) the server is part of a company's online presence;
- (b) paid products or services are offered or advertised on the server;
- (c) the server serves a company's employee or customer communication;
- (d) the server is in direct connection with a commercial platform or a commercial offering of a company.
(2) Commercial use requires the activation of the "Commercial Use Allowed" function. Without such activation, commercial use is prohibited.
(3) Where a registered Server reaches an average member count of more than ten thousand (10,000) members within thirty (30) consecutive days, ScootKit is entitled to enter into negotiations with the Customer about a tariff that corresponds to the increased operational load. ScootKit will inform the Customer in good time in Text Form and grant them a period of at least thirty (30) days to choose a suitable tariff. During this period, access remains unchanged; after unsuccessful expiry, ScootKit may restrict the scope of functions to the load permissible under the existing tariff.
(4) The classification as commercial use is made on the basis of objective indications (publicly accessible server information such as name and description, linked websites, information provided by the Customer). Prior to a measure based on such classification, ScootKit informs the Customer thereof and grants them at least fourteen (14) days for a response or for booking the "Commercial Use Allowed" function.
(5) Resale, sub-licensing, or provision of the Service to third parties for their own commercial purposes requires the prior consent of ScootKit in Text Form. § 20 (authorized resellers) remains unaffected.
§ 17 Prices and Activation of Paid Functions
(1) The basic functions of the Service are free of charge. Individual functions, function packages, or extended quotas may be activated against payment. Content, term, and price are stated in the dashboard prior to any purchase.
(2) Prices are determined on a per-server basis and may vary depending on member count, already booked functions, and chosen combination. The price displayed prior to completion of the purchase is authoritative ("final purchase price"); it includes statutory VAT.
(3) The following types of activation may be offered:
| Type | Description |
|---|---|
| (a) One-time purchase | The Customer pays a one-time amount for a term determined in advance; after expiry, the activation ends without further notice. |
| (b) Plan / bundle | ScootKit combines several functions into a package that may be acquired at a uniform price. |
| (c) Ad-video activation | For selected functions, ScootKit may offer a free activation in exchange for the complete viewing of an ad video. Activation occurs, following automated abuse checking, for a term displayed in advance which is generally short. |
| (d) Subscription | The Customer pays a recurring amount in a fixed payment cycle (monthly, quarterly, or annually). With successful debiting, the period is automatically renewed by the chosen cycle, unless the Customer terminates at the end of the period. Consumers having their habitual residence in Germany may terminate the subscription at any time via the "Terminate Contract" button in the dashboard pursuant to § 312k BGB. |
| (e) Lifetime activation | The Customer acquires an activation for the lifetime of the Service. If ScootKit completely discontinues the relevant functionality within twenty-four (24) months of the purchase, ScootKit will, upon request, refund the prorated remaining amount (calculated linearly on a minimum durability of twenty-four (24) months). If the function ends after expiry of that period or the Service is discontinued as a whole, no refund claim exists. |
(4) Activations are linked to a server and are not transferable between servers. ScootKit may, in individual cases, grant a transfer. In the case of lifetime activations, the Customer may transfer the activation between servers in the dashboard; a further transfer is not possible within seven (7) days of a transfer.
(5) Where a registered Server is deleted by the Customer or deactivated by ScootKit pursuant to § 28, the term of the activation does not pause; periods already paid are not credited. In the case of automatic subscriptions, deactivation of the server leads to termination of the subscription at the respective end of the period; fees already collected are not refunded, unless a Consumer's timely exercise of the right of withdrawal under § 30 stands against it.
(6) ScootKit may change prices, scope of functions, and activation methods for new purchases at any time. Existing bookings remain unaffected; price adjustments to existing subscriptions are made exclusively in accordance with § 34.
§ 18 AI Coins, Server Credit, and Prepaid Balances
(1) Certain functions, in particular AI Functions under § 11, require the use of balances designated in the dashboard (e.g., "AI Coins", "AI credit"). Several types of balance may exist in parallel; the applicable type of balance and the consumption per function call are stated in the dashboard.
(2) Balances arise through the following means:
| Type | Provision |
|---|---|
| (a) Monthly automatic credit | ScootKit may automatically credit an amount announced in advance per calendar month or billing period. Such automatic credits are not payable in cash and, unless expressly announced otherwise, expire at the end of the period in which they were credited. No claim exists to a particular amount or continued provision. |
| (b) Paid balance top-up | The Customer may acquire balance packages against payment. Paid balance does not expire; no claim exists to interest. |
(3) Balance is not payable in cash (cf. paragraphs 6 and 7) and not usable for purposes outside the Service. It is a payment instrument of limited use within the meaning of § 2 para. 1 No. 10 of the German Payment Services Supervisory Act (ZAG), not e-money.
(4) Balance is server-bound and cannot be transferred to other servers or accounts without the consent of ScootKit.
(5) Where the balance is insufficient for a requested function, execution will fail. No charge to the Customer of a difference amount, and no automatic top-up, takes place without the express consent of the Customer.
(6) Consumer withdrawal. Within the scope of the right of withdrawal under § 30, ScootKit refunds to the Consumer the amount attributable to unused paid balance. Balance already consumed by use of paid functions is excluded from refund where the Consumer has expressly consented to the premature performance of the contract under § 356 para. 5 BGB and confirmed their knowledge of the loss of the right of withdrawal.
(7) Refund after termination. After termination of the contractual relationship, paid balance that has not been used does not automatically expire. ScootKit will, upon request in Text Form, refund the corresponding amount to the Customer within a period of no more than thirty (30) days, less any processing and return transfer costs to the extent permissible. Automatic credits under paragraph 2 lit. a expire upon termination of the contract without refund.
§ 19 Payments and Chargebacks
(1) ScootKit accepts payments through payment service providers that are displayed in the order process. By choosing a payment method, the Customer additionally accepts the terms and conditions of the payment service provider.
(2) With the order, the Customer authorizes the chosen payment service provider to debit the stored account or card with the final purchase price. For SEPA direct debits, the pre-notification period is shortened to one (1) day; the Customer expressly consents to the shortening.
(3) ScootKit may cancel a payment or restrict the provision of further payment methods where:
- (a) the Customer attempts to use the Service in violation of statutory provisions or the rules of the card or payment network;
- (b) the Customer breaches these Terms of Service;
- (c) there are concrete indications of fraudulent, unlawful, or improper behavior in relation to the payment;
- (d) strikingly high chargeback rates or a disproportionate risk of loss are observed;
- (e) the Customer refuses to cooperate or to provide necessary information within the scope of required investigations.
(4) ScootKit may set a minimum order value. This may vary depending on product, payment cycle, and payment method and will be clearly evident to the Customer prior to completion of the order. Where a subscription cannot be offered in a particular payment cycle due to the minimum order value, ScootKit will point to alternative cycles.
(5) Chargebacks and payment disputes. If a chargeback or payment reversal occurs that is attributable to the Customer, ScootKit may suspend access to the Service until full settlement of the due amount plus actually incurred processing costs. The Customer is entitled to prove that no, or only lower, damage has occurred. During an ongoing payment dispute initiated by the Customer, ScootKit may suspend access until the competent body has decided; if the competent body decides in favor of the Customer and no provable damage has occurred, ScootKit will lift the suspension without undue delay, at the latest within four (4) business days after receipt of the notice of the payment service provider.
(6) International license, customs, and tax duties incurred by acquisition or use of the Service outside the Federal Republic of Germany are borne by the Customer. The Customer bears currency conversion risks.
§ 20 Authorized Resellers
(1) ScootKit may designate third parties as authorized resellers through which the Customer may acquire selected products. A current list is available at https://scootk.it/scnx-resellers.
(2) When purchasing through an authorized reseller, the paid sales contract ("commercial relationship") is concluded exclusively between the Customer and the reseller. The general terms and conditions, withdrawal instructions, and payment terms of the reseller apply.
(3) These Terms of Service and the DPA remain directly applicable between ScootKit and the Customer; the technical service continues to be provided by ScootKit directly to the Customer. In the event of conflicts, these Terms of Service take precedence with respect to the technical service and data protection; otherwise, the reseller's GTC take precedence to the extent they regulate the commercial relationship.
(4) Support and refund routing. The Customer directs inquiries relating to the commercial relationship (in particular invoicing, withdrawal, refund, termination of contract) to the reseller. ScootKit remains responsible for technical inquiries and inquiries with reference to data protection and the DPA. In the case of defects attributable to ScootKit, ScootKit and the reseller coordinate their handling so that the Customer is not bounced back and forth between the parties.
(5) ScootKit may restrict and update the list of authorized resellers on the basis of objective criteria (e.g., Customer's residence); affected Customers will be informed of material changes in good time in Text Form.
§ 21 Advertising on the Platform
(1) ScootKit may enable Customers to place advertising on the Platform in the form of text, image, or video. On the Platform, Customers may be shown advertising from ScootKit or from third parties.
(2) Advertising, including websites and products advertised, must not:
| Prohibited advertising content | |
|---|---|
| (a) | advertise content intended exclusively for adults (in particular sexual content, dating offers with a sexual reference). |
| (b) | advertise gambling offers or comparable products. |
| (c) | advertise products or services prohibited in Germany. |
| (d) | infringe third-party copyright, trademark, or other intellectual property rights. |
| (e) | contain political advertising within the meaning of Regulation (EU) 2024/900, in particular election advertising. |
| (f) | advertise medicines, medical treatments, addictive substances (including tobacco, alcohol, cannabis, energy drinks), or substances harmful to health. |
| (g) | advertise donations for organizations not recognized as charitable. |
| (h) | advertise dangerous products or activities (e.g., weapons, explosives, pyrotechnics outside permitted applications). |
| (i) | advertise financial or legal services without the required supervisory authorization, in particular investment and trading offers, insurance, or crypto-assets. |
| (j) | be misleading or untrue. |
(3) Advertising must clearly describe the product advertised and must comply with the applicable advertising and media law provisions. The Customer alone is responsible for the lawfulness of the advertising; § 32 applies accordingly.
(4) Advertising costs are calculated on the basis of the impressions ("views") and clicks ("clicks") measured by the system, in accordance with the advertising rates stated in the dashboard. Advertising rates may be adjusted by ScootKit and announced in the dashboard. ScootKit applies suitable technical measures for the detection and prevention of abuse.
(5) ScootKit may review submitted advertising prior to publication, but is not obliged to do so. ScootKit may remove advertising at any time or restrict its delivery where a violation of these Terms of Service or of applicable law cannot be excluded. Notices of unlawful advertising are to be reported via § 23.
§ 22 Data Protection; Processing on Behalf
(1) ScootKit processes personal data exclusively in accordance with the respectively applicable legal provisions and with the privacy policy available at https://scootk.it/scnx-privacy. Insofar as ScootKit processes personal data on behalf of the Customer, the DPA available at https://scootk.it/scnx-dpa applies, which, in its respectively applicable version, forms an integral part of these Terms of Service and is validly concluded through the electronic acceptance by the Customer pursuant to § 3 para. 2 (Art. 28 para. 9 GDPR).
(2) The roles are allocated as follows:
| Data category | Role of the Customer | Role of ScootKit |
|---|---|---|
| (a) members of a registered Server (Discord user IDs, message content, member-related configurations) | Controller (Art. 4 No. 7 GDPR) | Processor (Art. 4 No. 8 GDPR); details in the DPA |
| (b) AI Functions | Deployer (Art. 3 No. 4 AI Act) | Provider / downstream provider (§ 11) |
| (c) Customer's own account data (sign-in data of the Authentication Service used, payment information, communication with ScootKit) | – | Own controller; processing described in the privacy policy |
(3) Direct claims of data subjects against ScootKit under Art. 82 GDPR remain unaffected. In the internal relationship between the parties, settlement is governed by Art. 82 para. 5 GDPR and by the provisions of the DPA.
(4) Requests of data subjects which relate to processing for which the Customer is responsible are answered by the Customer; ScootKit provides support in accordance with the DPA. Requests addressed to ScootKit as an independent controller are answered by ScootKit. In case of doubt, ScootKit forwards requests to the Customer without undue delay.
§ 23 Notice-and-Action Mechanism (DSA); Internal Complaint Management
(1) Status. ScootKit is a micro-enterprise within the meaning of Commission Recommendation 2003/361/EC (fewer than 10 employees, annual turnover under EUR 2 million) and claims the exemption under Art. 19 DSA from the obligations of Section 3 of the DSA, including Art. 20 (internal complaint-handling) and Art. 21 (out-of-court dispute settlement). ScootKit regularly reviews this status and adjusts the scope of its obligations accordingly in the event of a change. The mechanism for reconsideration described in paragraph (6) is offered as a voluntary contractual commitment going beyond ScootKit's statutory obligations.
(2) Central point of contact. The central point of contact for authorities, the Commission, and the Coordinator for Digital Services, as well as for the electronic transmission of orders under Art. 9 and 10 DSA, is [email protected]. Communication may take place in German or English.
(3) Notice-and-action mechanism under Art. 16 DSA. Any natural or legal person may notify ScootKit of illegal content on the Platform. The notice may be submitted via the "Report content" function available in the dashboard or by e-mail to [email protected]. It should contain:
- (a) a sufficiently reasoned explanation as to why the notifier considers the content to be illegal;
- (b) a clear indication of the storage location (e.g., URL, server ID, message ID);
- (c) the name and e-mail address of the notifier, unless the notice concerns content for which identification of the notifier is not strictly necessary;
- (d) an assurance that the information is, to the best of the notifier's knowledge, accurate and complete.
(4) ScootKit confirms receipt of a notice without undue delay and reviews it carefully within a period appropriate to the individual case. Notifiers and, where applicable, the affected person are informed of the decision and the reasons ("statement of reasons") in accordance with Art. 17 DSA.
(5) Measures against content. Where ScootKit determines that content is illegal or violates these Terms of Service, ScootKit may, in particular:
- (a) remove or block the content;
- (b) suspend or restrict individual functions for the affected server or Customer;
- (c) suspend or terminate the Account (§ 28, § 29).
Except in cases of imminent harm, measures are taken after prior consultation with the Customer.
(6) Reconsideration of decisions. Customers who disagree with a measure taken by ScootKit (suspension, restriction, termination, advertising or marketplace decision) are invited to contact ScootKit at [email protected] within six (6) months of notification. ScootKit will review the matter in good faith and respond with reasons, but does not commit to specific procedural steps, deadlines, or review by a person other than the original reviewer. This paragraph does not constitute a statutory Art. 20 DSA complaint-handling system; ScootKit is exempt from Art. 20 DSA as a micro-enterprise under Art. 19 DSA.
(7) Anti-abuse protection. Drawing on Art. 23 DSA, ScootKit may, after prior warning, suspend the handling of notices or complaints in the case of repeated manifestly unfounded submissions for a reasonable period of time.
(8) Official orders. Orders under Art. 9 or 10 DSA are implemented by ScootKit in accordance with the order. ScootKit informs the affected Customer without undue delay, unless the issuing authority prohibits this.
§ 24 Customer Content; Grant of License
(1) Data, settings, texts, graphics, audio and image files, and other content uploaded or entered by the Customer via the Platform are hereinafter referred to as "Customer Content".
(2) The Customer represents that they hold all rights required for the provision of the content via the Platform and that the content does not violate applicable law or third-party rights. The Customer is solely responsible for the Customer Content.
(3) The Customer grants ScootKit a non-exclusive, worldwide, royalty-free right to use, store, process, adapt the Customer Content to the extent necessary for the operation of the Platform and, to the extent necessary, to transmit it to subcontractors (in particular sub-processors under the DPA, hosting service providers). The right is limited to the contractual purpose. ScootKit does not use Customer Content for its own marketing purposes or for the training of its own or third-party AI models without express permission.
(4) ScootKit gives no warranty as to the accuracy, quality, or integrity of Customer Content. When using the Platform, Customers may come into contact with content of other users which they perceive to be inappropriate; ScootKit is not liable for such third-party content, unless an obligation arises under the DSA, GDPR, or other mandatory provisions.
(5) Beyond § 23, ScootKit may remove Customer Content or restrict functions where there are concrete indications of a violation of these Terms of Service or of applicable law. Except in cases of imminent harm, ScootKit will inform the Customer in advance and give them the opportunity to comment.
(6) Insofar as the Customer uses the Platform for processing personal data of third parties, the provisions of the DPA take precedence over these license provisions.
§ 25 Feedback
(1) With the submission of feedback (replies, ideas, suggestions for improvement, criticism), the Customer represents that they are entitled to do so and that the feedback does not infringe third-party rights and does not contain confidential or separately protected content.
(2) The Customer grants ScootKit a non-exclusive, transferable, sublicensable, worldwide, royalty-free, and unlimited right to use, reproduce, edit, publish, create derivative works, distribute, and exploit the feedback. There is no duty of confidentiality.
(3) The Customer will not assert claims arising from authors' personality rights in the feedback against ScootKit insofar as this is permissible by law.
§ 26 Customer Support
(1) ScootKit offers customer support free of charge through the channels designated in the dashboard.
(2) In certain channels, messages may be public and remain viewable to other users; ScootKit marks such channels. The Customer shall not publish confidential data (access credentials, tokens, payment information, sensitive personal data) in public channels.
(3) In selected channels, the Customer may receive support from qualified users ("Helpers"). Helpers are not employees of ScootKit and are not authorized to make declarations on behalf of ScootKit. Helpers are marked as such in the respective channel. The Customer may at any time request to communicate with an employee of ScootKit. The Customer shall not invite Helpers to switch to private communication channels.
(4) Employees of ScootKit may, for the handling of support requests, access stored configurations, content, and logs of the Customer. Access takes place in accordance with the principle of data minimization and in accordance with the DPA.
(5) Messages and chat histories with support may be stored and processed by ScootKit for quality assurance and training purposes in accordance with the privacy policy. Sensitive personal data are not used for training purposes.
(6) The Customer shall behave respectfully toward employees, Helpers, and other users in support channels. In case of repeated or serious violations, ScootKit may suspend access to individual support channels or, after prior warning, to the Service as a whole.
(7) ScootKit may offer functions that activate prioritized support ("Priority Support"). Support for all Customers within the industry-standard framework remains unaffected.
(8) Helper access within support cases. Within the framework of a Support Case opened by the Customer (irrespective of the channel through which it is handled), a Helper may request access to the configurations and server metadata of a registered Server of the Customer. If the Customer grants access, the Helper may inspect them in the dashboard and, where the Customer does not restrict this, make changes. Content that the Custom Bot processes via the Discord API (in particular message content) is not subject to Helper access. The access is specific to the respective Support Case and ends automatically with its conclusion; the Customer may also revoke the access at any time. The Customer remains responsible for configurations made under Helper access; § 9 para. 3 applies to the Helper accordingly. The activity of the Helper does not establish a processing-on-behalf relationship within the meaning of Art. 28 GDPR between the Customer and ScootKit; in this respect, the Helper is an additional recipient of the respective configuration and metadata, authorized by the Customer. § 26 para. 3 (Helpers are not employees of ScootKit) remains unaffected.
§ 27 Communication and Form
(1) Declarations, notices, and communications under these Terms of Service may, unless a stricter form is required, be made in Text Form (§ 126b BGB). Communication takes place primarily electronically, in particular by e-mail, in the dashboard, via the contact form, or via the contact methods stored with the Authentication Service in use.
(2) The Customer consents to being informed by ScootKit electronically about operational matters (in particular changes to these Terms of Service or the DPA, invoices, security-related information, function failures, maintenance windows). These communications are not marketing communication; for marketing communication, ScootKit will obtain a separate consent that may be revoked at any time.
(3) The following contact addresses apply for communications to ScootKit:
| Concern | Contact address |
|---|---|
| Complaints, official orders, DSA-related inquiries, and other legal inquiries | [email protected] |
| Inquiries with reference to the DPA | [email protected] |
| Notices of unlawful or impermissible content | [email protected] |
| Customer service and other inquiries | Current contact options can be found at https://scnx.app/help |
The current addresses listed in the dashboard are authoritative.
(4) For particularly sensitive inquiries, ScootKit recommends using the contact forms offered in the dashboard. No claims for damages against the respective sender on the basis of the nature of unencrypted e-mail exist, subject to mandatory statutory provisions.
(5) Communications from the Customer to other users may not be used for the purposes of unwanted commercial communication ("spam").
§ 28 Suspension and Deactivation of Servers and Accounts
(1) ScootKit may deactivate a registered Server or suspend an Account where:
- (a) the Customer is in breach of these Terms of Service, the DPA, or applicable law;
- (b) there are concrete indications of abusive use, of a security incident, or of a threat to ScootKit, other users, or third parties;
- (c) a statutory or judicial order so requires;
- (d) the Customer fails to make due payments despite reminder and a grace period of fourteen (14) days.
(2) Upon deactivation of a server, the services associated with the server, including the Custom Bot, are suspended; access to the dashboard is restricted to the extent necessary for termination. The reason for the deactivation, and, where possible, a way to lift it, are displayed in the dashboard.
(3) Prior to a deactivation, ScootKit informs the Customer of the identified violation and grants them a reasonable period for remedy or response. This does not apply in cases of imminent harm or in the event of a mandatory statutory obligation. § 23 para. 4 and 6 apply additionally.
(4) A deactivation does not affect ongoing payment periods; periods already paid are not credited insofar as the deactivation was necessary to remedy a violation by the Customer. In the case of ongoing subscriptions, deactivation leads to termination of the subscription at the next possible end of the period. ScootKit may, in individual cases, in particular in the case of minor or first-time violations, make goodwill credits.
(5) If the Customer does not remedy the identified violation within four (4) weeks of deactivation and does not contact ScootKit, ScootKit may delete data associated with the server, including software configurations created by the Customer, in accordance with the DPA and the privacy policy.
(6) A suspension of the Account (without concurrent termination under § 29) leads to the temporary suspension of all services; all registered Servers are simultaneously deactivated pursuant to paragraph 2. The suspension does not terminate the contractual relationship. ScootKit may lift a suspension as soon as the underlying cause has ceased or the Customer has contributed to clarification.
(7) Measures under this § constitute content moderation within the meaning of Art. 17 DSA insofar as they concern Customer Content; § 23 paras. 4–6 apply accordingly.
§ 29 Contract Term, Termination, and Inactivity
(1) The Customer may terminate the contract at any time without giving reasons, via the function provided for this in the dashboard or in Text Form to [email protected]. Consumers having their habitual residence in Germany may additionally terminate the contract via the termination button under § 312k BGB in the dashboard.
(2) Upon termination, the Account is deleted; registered Servers are removed from the Platform; data associated with the Account are deleted or anonymized in accordance with the DPA and the privacy policy. Paid, unused functions expire upon the termination taking effect; § 18 para. 7 remains unaffected.
(3) ScootKit may terminate the contract upon one (1) month's notice to the end of the month. The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected; good cause exists in particular in the cases of § 28 para. 1 lit. a–c as well as in the case of repeated violations despite warning.
(4) Inactivity. Where an Account has not been actively used for two (2) years (in particular no sign-in to the dashboard, no bot configuration change), ScootKit may terminate the contract by ordinary termination and delete the Account. Prior to termination, ScootKit reminds the Customer via the most recently known contact methods (thirty (30) and seven (7) days before termination).
(5) Prior to a termination by ScootKit, the Customer will be informed, except in cases of serious violations or official orders, and given the opportunity to respond or to remedy the cause.
(6) If ScootKit has terminated the Account for good cause, the Customer may not create another Account to circumvent the termination. ScootKit may suspend or terminate follow-up Accounts.
(7) After termination of the contract, the obligations under §§ 24, 25, 31, and 35, as well as any outstanding payment obligations, continue to apply insofar as their nature requires continued application.
§ 30 Right of Withdrawal for Consumers
(1) Consumers have the right to withdraw from this contract within fourteen (14) days without giving any reason. The complete withdrawal instructions (with notices on the right of withdrawal, on the consequences of withdrawal, on the premature performance of digital services under § 356 para. 4 BGB, and on the premature lapse of the right of withdrawal for digital content under § 356 para. 5 BGB) as well as the model withdrawal form are available at https://scootk.it/contract-withdrawal. Prior to the conclusion of the contract, Consumers will additionally be informed of the withdrawal instructions in a form that can be stored on a durable medium.
(2) Consumers may furthermore declare their withdrawal electronically via the "Withdraw from Contract" button which is, in accordance with § 356a BGB, permanently available in the footer of the website and in the dashboard. Following confirmation of the declaration, ScootKit will, without undue delay, send a confirmation of receipt stating the date and time of receipt on a durable medium (generally by e-mail).
§ 31 Liability
(1) ScootKit is liable to the Customer for damages, on whatever legal grounds, in accordance with the following paragraphs.
(2) ScootKit is liable without limitation in cases of intent and gross negligence of its legal representatives and vicarious agents, as well as in the case of the assumption of a guarantee.
(3) In the case of simple negligence, ScootKit is liable only for the breach of material contractual duties. Material contractual duties (cardinal duties) are duties whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely. Liability is in this case limited to the foreseeable damage typical for the contract at the time of the conclusion of the contract.
(4) Liability for the slightly negligent breach of duties other than those mentioned in paragraph 3 is excluded.
(5) The foregoing limitations of liability do not apply to:
- (a) damages arising from the injury to life, body, or health that are based on a negligent breach of duty by ScootKit or on an intentional or negligent breach of duty by a legal representative or vicarious agent of ScootKit;
- (b) fraudulently concealed defects;
- (c) claims under the Product Liability Act;
- (d) mandatory statutory liability cases, in particular claims under Art. 82 GDPR.
(6) Insofar as ScootKit's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents of ScootKit.
(7) The provisions on warranty liability for defects remain unaffected.
(8) Data-protection liability. In the internal relationship between the parties, the liability provisions of the DPA apply additionally. External liability vis-à-vis data subjects under Art. 82 GDPR remains unaffected.
§ 32 Indemnification
(1) Insofar as the Customer is an Entrepreneur, they shall indemnify ScootKit against claims of third parties that are causally based on a breach by the Customer of these Terms of Service, the DPA, or applicable law, including reasonable costs of legal defense, insofar as ScootKit is not itself responsible for the claim.
(2) ScootKit informs the Customer of any third-party claims without undue delay, leaves the defense to the Customer to the extent reasonable, and does not enter into settlements without the Customer's consent.
(3) Vis-à-vis Consumers, paragraph 1 applies only insofar as the claim is based on an intentional or grossly negligent breach by the Consumer of these Terms of Service; otherwise, the statutory provisions apply.
§ 33 Force Majeure
(1) Neither party is liable for delays or failures to perform where these are due to circumstances outside their reasonable control ("force majeure"). These include in particular natural events, pandemics, acts of war, cyber attacks of major scale on central infrastructure, official orders, failures of essential third-party infrastructure (in particular the Discord services), and sovereign measures.
(2) The affected party informs the other without undue delay in Text Form and endeavors to minimize the impact. Where a force majeure event lasts longer than sixty (60) days, either party may terminate the contract by declaration in Text Form without notice; the right to extraordinary termination for good cause remains unaffected.
§ 34 Amendments to these Terms of Service
(1) ScootKit may amend these Terms of Service for the future to the extent required to:
- (a) take account of changes in the legal situation or in supreme court jurisprudence;
- (b) comply with orders or instructions of a public authority, court, or payment service provider;
- (c) ensure the security of the Platform or the availability of the services;
- (d) extend the scope of functions or introduce new modules without intervening in already booked services;
- (e) make editorial clarifications, correct misspellings, or adapt to changed designations of third parties (in particular Discord).
(2) Procedure. ScootKit announces intended amendments at least six (6) weeks prior to their planned entry into force in Text Form. The announcement contains:
- (a) the planned version of the Terms of Service;
- (b) a comprehensible summary of the material changes;
- (c) the planned date of entry into force;
- (d) an express notice of the Customer's right to object and the legal consequences of an objection;
- (e) an express notice of the legal consequences of silence.
The announcement is additionally made by a clearly highlighted notification in the dashboard.
(3) Material changes requiring express consent. The following changes require, irrespective of paragraph 2, the express consent of the Customer; they cannot become effective by way of deemed consent:
- (a) increases of agreed prices for already booked paid functions or subscriptions;
- (b) material restrictions of agreed functions or of an agreed scope of functions;
- (c) material changes to the principal performance obligations of ScootKit or of the Customer;
- (d) material changes to the provisions on liability (§ 31), jurisdiction, and applicable law (§ 35);
- (e) material changes to the DPA, insofar as they degrade the level of protection for data subjects or the control of the controller.
(4) Tacit consent. Outside the cases mentioned in paragraph 3, amendments shall be deemed approved by the Customer where the Customer does not object to the amendment in Text Form within six (6) weeks of receipt of the amendment notice. ScootKit informs the Customer expressly in the amendment notice about the right of objection and the legal consequence of silence. This mechanism applies only to amendments which are not mentioned in paragraph 3, do not relate to principal performance obligations, and do not significantly shift the balance of interests between the parties in favor of ScootKit.
(5) Objection and termination. If the Customer objects in good time, the previous Terms of Service continue to apply; in such a case, ScootKit may terminate the contract upon one (1) month's notice to the end of the month. The Customer may, on the occasion of an amendment, terminate the contract at any time pursuant to § 29 para. 1; the right to extraordinary termination remains unaffected.
(6) Consumer-specific notices. Vis-à-vis Consumers, upcoming amendments and their legal consequences will, to the extent reasonable, additionally be communicated through a means specifically set up for this purpose (e.g., e-mail to the address stored with the Authentication Service in use). The right of objection is highlighted.
§ 35 Final Provisions
(1) Applicable law. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to Consumers, the choice of law is effective only to the extent that it does not deprive the Consumer of the protection of mandatory provisions of the law that would be applicable under Art. 6 para. 1 Rome I Regulation in the absence of a choice of law (Art. 6 para. 2 Rome I Regulation). Mandatory consumer-protection provisions of the law of the country of habitual residence of the Consumer remain unaffected.
(2) Jurisdiction. For Entrepreneurs, Munich is the exclusive place of jurisdiction for any disputes arising from or in connection with this contract. For Consumers having their habitual residence in an EU Member State, the places of jurisdiction permitted by Art. 17 et seq. of Regulation (EU) No. 1215/2012 (Brussels Ia Regulation) apply; in particular, the Consumer may bring a claim at the court of their domicile, and claims against the Consumer may only be brought there. For Consumers having their habitual residence outside the EU, Munich shall, to the extent permissible, be the exclusive place of jurisdiction.
(3) Consumer dispute resolution. ScootKit is not obliged and not willing to participate in dispute resolution procedures before a consumer arbitration body.
(4) Entire agreement. These Terms of Service, the DPA referred to herein, and the privacy policy contain all agreements between the parties on the subject matter of the contract. There are no oral side agreements. Deviating general terms and conditions of the Customer, in particular purchasing conditions, do not become part of the contract.
(5) Transferability. ScootKit may transfer individual rights or obligations under this contract to third parties upon one (1) month's notice to the end of the month, to the extent reasonable for the Customer; in such a case, Consumers may object to the transfer by extraordinary termination with effect at the transfer date. The full transfer of the contract or of individual rights and obligations by the Customer requires the prior consent of ScootKit in Text Form; this does not apply to statutory legal succession.
(6) Severability clause. Should individual provisions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid provision that comes closest in legal and economic terms to the purpose pursued by the invalid provision shall apply, taking into account the mutual interests. The same applies in the case of a gap. With respect to Consumers, deviating mandatory provisions more favorable to the Consumer take precedence.
(7) No waiver. ScootKit's failure to exercise or enforce a right under these Terms of Service does not constitute a waiver. An express waiver declaration is only effective in Text Form.
(8) Form. Declarations under these Terms of Service or the DPA may, unless a stricter form is required, be made in Text Form (§ 126b BGB). This also applies to amendments of this clause.
(9) Language. These Terms of Service are concluded in the German language. ScootKit may make available an English translation; in the event of differences of interpretation or translation, the German version shall prevail.
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