1. Scope

The following general terms and conditions are based on Swiss law and form part of the contract for all agreements made between Homegram and its customers.Changes and ancillary agreements are not effective without the written consent of Homegram.

2. Use of the marketplaces with or without registration

The marketplaces can be used with or without registration. However, the use ofcertain services and products requires registration. Only people who are atleast 16 years old can register with Homegram.

3. Prohibition of further use of information

The commercial use of information and content is reserved for customers.Apart from that, customers do not acquire any rights to content or information that is made accessible on the marketplaces. Violations will be punished under civil and criminal law.

The customers expressly undertake not to use the information and content made available on the marketplaces in any way or form outside the marketplaces.In particular, customers refrain from copying, publishing, or otherwisereproducing the data accessible on the marketplaces (e.g. on the Internet) in any form or linking them with other data.

4. Intellectual property rights

All rights to information, elements, and content of the marketplaces, in particular copyrights, brands, and designations contained therein, are theproperty of Homegram or third parties who have granted Homegram corresponding rights of use.

Insofar as the contractual use of the marketplaces requires the granting of rights of use to the customer with regard to copyrights, trademarks and / or know-how of Homegram, these are non-exclusive, non-transferable and to the required extent for the duration of the corresponding agreement by Homegram granted. The rights of use granted to the customer are personal and non-transferable.

Content, data, texts, videos, pieces of music, graphics, and other content that the customer transmits to Homegram for publication on a marketplace(hereinafter referred to as "insertion data") must not infringe any rights, in particular no third-party rights such as personal rights and intellectual property rights. The customer may only transmit advertising data o homegram that he himself has created or the use of which the rights holder has consented to.

No addresses (e-mail address or postal address), telephone numbers or carregistration numbers may be visible on photos used in the advertisements.Photos of people whose faces are clearly visible in the photos may only be usedwith the consent of the person concerned.

All property documents, photos, and templates created by Homegram on behalf of the customer are the property of the customer as soon as the customer has paid the corresponding invoice in full to Homegram.

5. Management and further development of the marketplaces

The marketplaces are operated and managed by Homegram. This is entitled to involve third parties in order to fulfill its service obligations. Homegram endeavors to operate Homegram's marketplaces as trouble-free as possible and to keep interruptions for the elimination of malfunctions, maintenance work, the introduction of new technologies and the like short, but cannot completely exclude these. The further technical development is solely at the discretion of Homegram.

6. Publication of advertisements

By transmitting advertising data to Homegram, the customer authorizes Homegram to place the corresponding advertisement on the marketplaces. However,there is no entitlement to the publication of the advertisements within these services.

Homegram can interrupt, change or completely prevent the publication of the advertisements at any time, for whatever reason, without compensation. Homegram can also use the insertion data for other purposes of its own and for those of partners, such as for the creation of statistics, or publish it in some other way and save and process it for this purpose.

The customer expressly agrees to the direct or indirect transfer of the insertion data necessary for the use of the services of partners as well as the storage of such data in the partners' database (s) and the use of this insertion data by the partners. Homegram cannot guarantee the confidentiality,authenticity, and authenticity of the published advertising data of the customer by the partners.

7. Data Protection

For the processing of data (especially personal data), reference is made to the data protection regulations.

8. Rights and obligations of the customer

The customer undertakes to use the marketplaces and the services of partners integrated therein in accordance with the law and the contract. In particular,the customer warrants that:

1. He delivers all advertising data transmitted to Homegram or partners in the form and quality specified by Homegram, in accordance with the advertising rules of the relevant marketplaces;
2. He is entitled to all advertising data made available by him directly or indirectly via third parties to Homegram or partners and may use it within the framework of the contractual agreements with Homegram;
3. The advertising data transmitted to Homegram or its partners are complete and true, not misleading or unfair and are constantly kept up to date by him;
4. The products or services offered by him are described correctly and truthfully, have the properties described and do not violate applicable laws or rights of third parties (in particular intellectual property law and personal rights);
5. He accepts these general terms and conditions and complies with them at all times.

Homegram is authorized, but not obliged, to change the advertisement data transmitted by the customer for legal or technical reasons or not to process it at all.

The customer grants Homegram the exclusive right to use the advertising data made available. The advertisement data may not be used, taken over or copied by third parties, with the exception of partners of Homegram. The customer has no right to third parties being able to obtain the insertion data made available by him for the purpose of publication on their platforms. Even if the customer gives the third party consent to such a data reference,Homegram is not obliged to grant the data reference.

If Homegram is brought to court by a partner or third party in connection with the use of the marketplaces, an agreement with the customer, with advertising data provided by customers or products or services offered, the customer is obliged to sue Homegram in full at the first request - and to keep them harmless, including assuming the judicial and extrajudicial costs of Homegram. At Homegram's request, the customer must also surrender all documents that Homegram deems useful to avert the lawsuit and is obliged to join the process.

9. Risk

The customer bears all risks that may arise as a result of manipulation of his EDP system, as a result of malfunctions in his EDP system and / or as a result of improper use of access authorizations.

10. Legal status of Homegram

Homegram is not a party to contracts between customers, users, or other third parties relating to products and services offered by customers on the marketplaces. Homegram is in no way responsible for the conclusion of the contract and any associated risks.

The information and content displayed on the marketplaces neither constitute a request for an offer nor an offer or a recommendation to rent and/or purchase by Homegram.

Homegram is entitled, but not obliged, to monitor the behavior of users and customers as well as their content on the marketplaces and to check whether they are permissible.