All you need to know about Aeroji.
Terms & Conditions
Aeroji GmbH
Version 1.2
11 April 2023
Version 1.2
11 April 2023
Aeroji is an aviation marketplace platform which enables customers to search for, issue tenders to and manage possible partners providing aviation assets or maintenance services and vice versa. Providers and customers are hereinafter referred to as "users".
The service is operated by:
Aeroji GmbH
c/o Factory Works GmbH
Rheinsberger Str. 76/77
10115 Berlin, Germany
Responsible point of contact:
Dimitri Martel
Co-Founder and Managing Director
dimitri.martel@aeroji.com
+49 15792390005
Registration:
Amtsgericht Charlottenburg Berlin Germany
HRB Nr. : HRB 220306 B
The terms and conditions apply to all contracts between any user of the service and Aeroji GmbH.
The service is operated by:
Aeroji GmbH
c/o Factory Works GmbH
Rheinsberger Str. 76/77
10115 Berlin, Germany
Responsible point of contact:
Dimitri Martel
Co-Founder and Managing Director
dimitri.martel@aeroji.com
+49 15792390005
Registration:
Amtsgericht Charlottenburg Berlin Germany
HRB Nr. : HRB 220306 B
The terms and conditions apply to all contracts between any user of the service and Aeroji GmbH.
Issue of the contract
This contract regulates the access to the Aeroji services, which are described in the preamble of these terms and conditions, where users can set their own profile and contact each other. Aeroji creates, operates and maintains the service. Aeroji does not act as a mediator / agency between users actively, unless a user has mandated Aeroji GmbH by any means otherwise. The subject of matter of this agreement excludes third party applications, services or products embedded in Aeroji, where applicable. Separate contracts shall be established with such third parties.
Completion of contract
The user enters a contract with Aeroji GmbH by online registration and verification in the name of the users business entity. At the same time an entity is created representing users business company. If applicable, the entity users are managed by appointed admins of the created company entity. Each registration shall be limited to a single entity (including but not limited to any enterprise, company, organization, etc.).
Access and fees
The user agrees to pay Aeroji the fees and charges for the services as specified in the Sales Order(s). If the user fails to pay any invoice on time, the user will owe interest on the unpaid amount at the rate of one and one-half percent (1.5%) per month or part of a month (or the highest legal rate if the law limits this rate). Aeroji may change the prices for any service with thirty (30) days written notice in advance, but not within the first year of the agreement date on the relevant Sales Order for the service. Aeroji reserves the right to change as well as to extend or limit the functionalities of any Aeroji services at any time.The user agrees to pay all taxes that apply to the users access and use of any service that Aeroji provides to the user, such as sales, use, service or similar taxes, under any local, state, national or international tax law, rule or treaty that Aeroji has to pay or collect now or in the future.
Qualified users
Aeroji is intended for the business to business field and by concluding a contract according to the previous section the user shall guarantee to represent a natural or legal person legally constituted. The user also has to guarantee to be legally entitled to do business in the aviation industry.
All users must be a person of legal capacity, who are at least 18 years of age. Users, i.e. natural or legal persons or legally constituted partnerships, who act in an independent professional or business capacity when concluding legal transactions, are solely eligible to conclude contracts with Aeroji.
Any company representative of a user shall be authorized or commissioned by the user to execute the respective action in order to use the Aeroji service.
Aeroji shall have absolute discretion as to whether or not it accepts a particular user applicant for access and participation in the service Aeroji is offering. Any unauthorized use of a user's account must be reported to Aeroji. Each user is also completely responsible for what occurs on the user entity's account.
This contract regulates the access to the Aeroji services, which are described in the preamble of these terms and conditions, where users can set their own profile and contact each other. Aeroji creates, operates and maintains the service. Aeroji does not act as a mediator / agency between users actively, unless a user has mandated Aeroji GmbH by any means otherwise. The subject of matter of this agreement excludes third party applications, services or products embedded in Aeroji, where applicable. Separate contracts shall be established with such third parties.
Completion of contract
The user enters a contract with Aeroji GmbH by online registration and verification in the name of the users business entity. At the same time an entity is created representing users business company. If applicable, the entity users are managed by appointed admins of the created company entity. Each registration shall be limited to a single entity (including but not limited to any enterprise, company, organization, etc.).
Access and fees
The user agrees to pay Aeroji the fees and charges for the services as specified in the Sales Order(s). If the user fails to pay any invoice on time, the user will owe interest on the unpaid amount at the rate of one and one-half percent (1.5%) per month or part of a month (or the highest legal rate if the law limits this rate). Aeroji may change the prices for any service with thirty (30) days written notice in advance, but not within the first year of the agreement date on the relevant Sales Order for the service. Aeroji reserves the right to change as well as to extend or limit the functionalities of any Aeroji services at any time.The user agrees to pay all taxes that apply to the users access and use of any service that Aeroji provides to the user, such as sales, use, service or similar taxes, under any local, state, national or international tax law, rule or treaty that Aeroji has to pay or collect now or in the future.
Qualified users
Aeroji is intended for the business to business field and by concluding a contract according to the previous section the user shall guarantee to represent a natural or legal person legally constituted. The user also has to guarantee to be legally entitled to do business in the aviation industry.
All users must be a person of legal capacity, who are at least 18 years of age. Users, i.e. natural or legal persons or legally constituted partnerships, who act in an independent professional or business capacity when concluding legal transactions, are solely eligible to conclude contracts with Aeroji.
Any company representative of a user shall be authorized or commissioned by the user to execute the respective action in order to use the Aeroji service.
Aeroji shall have absolute discretion as to whether or not it accepts a particular user applicant for access and participation in the service Aeroji is offering. Any unauthorized use of a user's account must be reported to Aeroji. Each user is also completely responsible for what occurs on the user entity's account.
Parties of contracts
All creations and negotiations of assets or services, the related contract conclusion and the fulfilment of the contract are solely the responsibility of the participating users. Users shall negotiate their assets or services independently with each other. Aeroji shall not become a contract party in a service contract concluded between the parties and shall not act as representative of any user. This would require Aeroji explicitly agreeing separately in writing in line with agreeing to provide extended services at extra costs.
Content of the service contracts
Contracts can be formulated freely among the users themselves as they wish; however, the content of the contracts may not contradict these terms and conditions. The behavior of the users in fulfilling their contracts influences the reputation of the offered services by Aeroji and thus Aeroji. Therefore the users assume an obligation towards Aeroji to comply with and properly execute the concluded service contracts. In particular, this means that any concluded non-disclosure agreements must be observed, unless explicitly agreed otherwise between the service contract parties.
All creations and negotiations of assets or services, the related contract conclusion and the fulfilment of the contract are solely the responsibility of the participating users. Users shall negotiate their assets or services independently with each other. Aeroji shall not become a contract party in a service contract concluded between the parties and shall not act as representative of any user. This would require Aeroji explicitly agreeing separately in writing in line with agreeing to provide extended services at extra costs.
Content of the service contracts
Contracts can be formulated freely among the users themselves as they wish; however, the content of the contracts may not contradict these terms and conditions. The behavior of the users in fulfilling their contracts influences the reputation of the offered services by Aeroji and thus Aeroji. Therefore the users assume an obligation towards Aeroji to comply with and properly execute the concluded service contracts. In particular, this means that any concluded non-disclosure agreements must be observed, unless explicitly agreed otherwise between the service contract parties.
Profile and account
In order to gain access to the Aeroji services the users have to create a profile. Only if the mandatory information is provided, the use of the Aeroji service is possible. Users are obliged, inter alia, to specify a valid e-mail address as user name and a password. The user's company shall be represented by a work e-mail address (e.g. firstname.lastname @ company.com). The e-mail address shall not be build up by a 3rd party provider such as Google, Outlook, Yahoo, iCloud etc. The provided valid e-mail address by the user also serves as the means of communication between the user and Aeroji.
Profile information and updates
The user guarantees that all data used in his or her account and profile is accurate and complete. The user is obliged to immediately update his profile on Aeroji, when a user's profile data has changed. Aeroji has the right to examine the account and profile data; however, it is not obliged to do so.
Confidential handling of login data
The login data has to be handled with care, processed confidentially by the user in order to prevent abuse of the login data by any third parties. Therefore the login data has to be protected against alteration, unauthorized disclosure and access or attacks, regardless of its kind.
Bond user account
Without the explicit consent of Aeroji, the account is bound to the user and may not be transferred to any third party. In addition users are not authorized to allow third parties to access their accounts by using their login data without the explicit approval by Aeroji.
Data backup
Although the database of Aeroji is backed up, Aeroji does not provide any guarantee for recovering any data in case of its loss. Users are obliged to perform backups of all data (e.g. profile data, asset or service descriptions, offers etc.) related to their use of Aeroji to such extent as is necessary.
In order to gain access to the Aeroji services the users have to create a profile. Only if the mandatory information is provided, the use of the Aeroji service is possible. Users are obliged, inter alia, to specify a valid e-mail address as user name and a password. The user's company shall be represented by a work e-mail address (e.g. firstname.lastname @ company.com). The e-mail address shall not be build up by a 3rd party provider such as Google, Outlook, Yahoo, iCloud etc. The provided valid e-mail address by the user also serves as the means of communication between the user and Aeroji.
Profile information and updates
The user guarantees that all data used in his or her account and profile is accurate and complete. The user is obliged to immediately update his profile on Aeroji, when a user's profile data has changed. Aeroji has the right to examine the account and profile data; however, it is not obliged to do so.
Confidential handling of login data
The login data has to be handled with care, processed confidentially by the user in order to prevent abuse of the login data by any third parties. Therefore the login data has to be protected against alteration, unauthorized disclosure and access or attacks, regardless of its kind.
Bond user account
Without the explicit consent of Aeroji, the account is bound to the user and may not be transferred to any third party. In addition users are not authorized to allow third parties to access their accounts by using their login data without the explicit approval by Aeroji.
Data backup
Although the database of Aeroji is backed up, Aeroji does not provide any guarantee for recovering any data in case of its loss. Users are obliged to perform backups of all data (e.g. profile data, asset or service descriptions, offers etc.) related to their use of Aeroji to such extent as is necessary.
If a user is registered at Aeroji for a purpose that is unrelated to his commercial activity, the following cancellation provisions shall apply:
Information on the right of cancellation
The user may revoke his or her contractual statement in writing (e.g. by letter or e-mail) within 14 days without stating a reason. The two-week period begins upon receipt of these written instructions - however, no earlier than contract conclusion and also not before our obligation to inform pursuant to § 312c, paragraph 2 of the German Civil Code (BGB) in conjunction with § 1, paragraph 1, 2 and 4 of the regulation on information disclosure (BGB-InfoV.) as well as our obligations according to § 312e, paragraph 1, clause 1 of the BGB in conjunction with § 3 of BGB-InfoV are fulfilled. In order to observe the cancellation period, it is sufficient to send the cancellation notice within the time limit. The notice must be sent to:
Aeroji GmbH
c/o Factory Works GmbH
Rheinsberger Str. 76/77
10115 Berlin
Germany
E-mail: hello@aeroji.com
Effects of cancellation
Both parties shall be obliged to restore any services already received in accordance with legal provisions and issue any accrued benefits (e.g. interest) in case of a valid cancelation. Within 30 days all obligations with regard to the reimbursement of payments must be fulfilled. This term starts with the sending of the user's cancellation notice for the user and for Aeroji, this term starts with the receipt of that notice.
Information on the right of cancellation
The user may revoke his or her contractual statement in writing (e.g. by letter or e-mail) within 14 days without stating a reason. The two-week period begins upon receipt of these written instructions - however, no earlier than contract conclusion and also not before our obligation to inform pursuant to § 312c, paragraph 2 of the German Civil Code (BGB) in conjunction with § 1, paragraph 1, 2 and 4 of the regulation on information disclosure (BGB-InfoV.) as well as our obligations according to § 312e, paragraph 1, clause 1 of the BGB in conjunction with § 3 of BGB-InfoV are fulfilled. In order to observe the cancellation period, it is sufficient to send the cancellation notice within the time limit. The notice must be sent to:
Aeroji GmbH
c/o Factory Works GmbH
Rheinsberger Str. 76/77
10115 Berlin
Germany
E-mail: hello@aeroji.com
Effects of cancellation
Both parties shall be obliged to restore any services already received in accordance with legal provisions and issue any accrued benefits (e.g. interest) in case of a valid cancelation. Within 30 days all obligations with regard to the reimbursement of payments must be fulfilled. This term starts with the sending of the user's cancellation notice for the user and for Aeroji, this term starts with the receipt of that notice.
Obligation for the observance of legal requirements
Users can use various services and functionalities on Aeroji, e.g. publishing content, which is related to the own company, services or own capabilities in form of documents, pictures etc. While using all services on Aeroji, the user is obliged to observe any applicable law (e.g. criminal, competition and youth protection laws, etc.) and not to violate the rights of third parties (e.g. copyrights, personal rights and data protection rights, trademark rights). Therefore the user may not send or upload advertising messages, in particular spam messages or any other content, which is not compliance to common business ethics, especially in case of a missing consent of the recipient.
If a user includes hyperlinks to third parties in any of his or her contents, the user shall ensure that an authorization to use exists. In addition the third party has to be compliant with applicable laws and rights within this context.
Any data uploaded to Aeroji does not reflect Aeroji's views and Aeroji does not have any obligation to monitor, edit or review any information uploaded on Aeroji. The user is completely takes responsibility for the uploaded content. This also includes any information that the user shares with others.
Aeroji takes no responsibility or liability arising from the uploaded content by the user. This also includes any error, libel, defamation, omission, slander, falsehood, obscenity, pornography, danger, profanity or inaccuracy by the user on Aeroji. The user is strictly prohibited from uploading or transmitting any threatening, unlawful, libellous, defamatory, scandalous, obscene, inflammatory, pornographic or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviours are strictly prohibited:
Aeroji takes no responsibility for content posted by users and takes no responsibility for activities, omissions or other conduct of users. Aeroji acts as a means for the online distribution and publication of user information. Aeroji also has no obligation to screen communications or information in advance and is not responsible for screening the information and materials posted by users.
Prohibition of multiple accounts, fake tenders, offers or bids
Any tenders and its associated offers shall be seriously minded by the users. Therefore it is prohibited for users to publish tenders or make offers without a serious intention for fulfillment.
There is a limit of maximum one account for each user. Multiple accounts are strictly prohibited.
Recommendation
When a user wishes to inform a third party about the existence of the Aeroji Marketplace by means of the recommendation function provided on the Marketplace, this user has to first ensure that the third party agrees to the receipt of this message.
Rating and feedback function
Assets will be rated automatically with objective and neutral indicators, which is based on the provided information. In addition indicators for user activity will also be shown.
Aeroji's rating system as well as the results belong to Aeroji and may not be used in any other non-Aeroji-service.
By using Aeroji, the user agrees that Aeroji is entitled to publish the results on him based on input from other users as well as the results on him based on a proprietary, neutral mechanism implemented by Aeroji or a well selected, neutral partner. In case the user is unsatisfied with the results on him, he may contact Aeroji and Aeroji may set the results on him to "not available" or "null" at Aeroji's sole discretion.
Users shall agree that in any case Aeroji is not liable to the user or any third party for any consequential, indirect, incidental, special, exemplary or punitive damages. This also includes lost profit damages arising from use of Aeroji and being rated by Aeroji. Even in case of Aeroji has been advised of these kind of possible damages.
The disclaimer, limitation or exclusion of consequential or incidental damages may not be allowed by some jurisdictions, so the foregoing disclaimer, limitation or exclusion may not apply to particular users, and the users may have other legal rights varying according to jurisdiction. Damages provided by law will not apply in any event unless they are required to apply by statute, notwithstanding their exclusion by contract.
Granting rights
The user shall grant Aeroji a right of use (non-exclusive, temporally and spatially unlimited) for the provided content. Aeroji has the right of usage of the content at any time for reproduction, distribution and publishing.
Referencing
Unless explicitly requested otherwise by user in writing the user acknowledges and agrees that Aeroji may display the users company name, logo and public description provided on Aeroji for website(s) and / or other marketing material.
Guarantee of ownership
The user guarantees the ownership of all rights related to provided content on Aeroji and the legally capability of effectively granting the rights specified in this terms and conditions to Aeroji. The user also guarantees that provided content is not protected by any third party rights, which could be a reason for prevention the contractual granting of rights. In addition the user guarantees that copyright owner will not take any legal action against already published content by the user on Aeroji. As part of this contract the user also guarantees that the utilization of the content does not contravene any personal rights of third parties and, notably, the contractual utilization of the content shall be agreed by any represented persons.
Indemnity against claims of third parties
The user shall discharge Aeroji from any liability related with claims of third parties, including, notably claims about competition rights, violation of copyrights, trademark rights, personal rights and data protection, which may appear due to the usage of Aeroji by the user. In case the user receives information about a third party intending to take legal action regarding the usage of Aeroji, the user must notify Aeroji immediately. In order to defend protect against third party claims or to pursue its own claims Aeroji has the right to initiate appropriate actions. In this case the user's own actions must be agreed with Aerojis in advance. The reimbursement of the relevant costs, which Aeroji shall obtain/has obtained in case of claiming its legal rights is also included in this discharging of liability.
Content blocking and deletion
Aeroji has the right to stop the access to any content or to delete any content at any time. Notably this shall apply in case of suspicious content regarding violating applicable law or the rights of third parties.
Ideas of improvement
Any idea sent by the user does not contain confidential or proprietary information of a third party. Respecting all ideas, Aeroji may have a similar idea in development or under consideration. Aeroji has no obligation of confidentiality. The user grants Aeroji a non-exclusive, royalty-free, irrevocable worldwide license to use, modify, publish distribute, sublicense the idea. The user also completely waives any claims and rights in terms of the idea to Aeroji and its users.
Communication
Aeroji's contact details are available and up to date on the Aeroji platform. The contact details stated in the user account within the Aeroji service is considered as the contact details of the user. When declarations are sent to these contact details via e-mail or fax, they are considered as received upon sending and via post they are considered as received five days after sending, if no later receipt is proven. Declarations transmitted via e-mail between a user and Aeroji or other users shall be considered as declarations of intent. The holder of an e-mail address is deemed as originator unless counterevidence is provided.
Proper publication of company details and contact data
Contact information shall be entered by the user explicitly in the provided fields for this purpose and not in other fields regardless of the form.
Users can use various services and functionalities on Aeroji, e.g. publishing content, which is related to the own company, services or own capabilities in form of documents, pictures etc. While using all services on Aeroji, the user is obliged to observe any applicable law (e.g. criminal, competition and youth protection laws, etc.) and not to violate the rights of third parties (e.g. copyrights, personal rights and data protection rights, trademark rights). Therefore the user may not send or upload advertising messages, in particular spam messages or any other content, which is not compliance to common business ethics, especially in case of a missing consent of the recipient.
If a user includes hyperlinks to third parties in any of his or her contents, the user shall ensure that an authorization to use exists. In addition the third party has to be compliant with applicable laws and rights within this context.
Any data uploaded to Aeroji does not reflect Aeroji's views and Aeroji does not have any obligation to monitor, edit or review any information uploaded on Aeroji. The user is completely takes responsibility for the uploaded content. This also includes any information that the user shares with others.
Aeroji takes no responsibility or liability arising from the uploaded content by the user. This also includes any error, libel, defamation, omission, slander, falsehood, obscenity, pornography, danger, profanity or inaccuracy by the user on Aeroji. The user is strictly prohibited from uploading or transmitting any threatening, unlawful, libellous, defamatory, scandalous, obscene, inflammatory, pornographic or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviours are strictly prohibited:
- objectionable language: racially, ethnically or otherwise
- vulgar, obscene or otherwise harmful and strong language
- defamatory, libellous or otherwise tortuous language
- harassing, stalking, threatening or intimidating other community members
- online vandalism
- posting, transmitting, distributing or promoting illegal content
- invasion of another's privacy
- impersonation of another person
- any action that is hurtful to minors
- making available any material/information infringing on the rights of a third party
- making available any junk mail or spam
- making available any material that contains any malicious computer code, reverse engineering or hacking any materials on Aeroji
Aeroji takes no responsibility for content posted by users and takes no responsibility for activities, omissions or other conduct of users. Aeroji acts as a means for the online distribution and publication of user information. Aeroji also has no obligation to screen communications or information in advance and is not responsible for screening the information and materials posted by users.
Prohibition of multiple accounts, fake tenders, offers or bids
Any tenders and its associated offers shall be seriously minded by the users. Therefore it is prohibited for users to publish tenders or make offers without a serious intention for fulfillment.
There is a limit of maximum one account for each user. Multiple accounts are strictly prohibited.
Recommendation
When a user wishes to inform a third party about the existence of the Aeroji Marketplace by means of the recommendation function provided on the Marketplace, this user has to first ensure that the third party agrees to the receipt of this message.
Rating and feedback function
Assets will be rated automatically with objective and neutral indicators, which is based on the provided information. In addition indicators for user activity will also be shown.
Aeroji's rating system as well as the results belong to Aeroji and may not be used in any other non-Aeroji-service.
By using Aeroji, the user agrees that Aeroji is entitled to publish the results on him based on input from other users as well as the results on him based on a proprietary, neutral mechanism implemented by Aeroji or a well selected, neutral partner. In case the user is unsatisfied with the results on him, he may contact Aeroji and Aeroji may set the results on him to "not available" or "null" at Aeroji's sole discretion.
Users shall agree that in any case Aeroji is not liable to the user or any third party for any consequential, indirect, incidental, special, exemplary or punitive damages. This also includes lost profit damages arising from use of Aeroji and being rated by Aeroji. Even in case of Aeroji has been advised of these kind of possible damages.
The disclaimer, limitation or exclusion of consequential or incidental damages may not be allowed by some jurisdictions, so the foregoing disclaimer, limitation or exclusion may not apply to particular users, and the users may have other legal rights varying according to jurisdiction. Damages provided by law will not apply in any event unless they are required to apply by statute, notwithstanding their exclusion by contract.
Granting rights
The user shall grant Aeroji a right of use (non-exclusive, temporally and spatially unlimited) for the provided content. Aeroji has the right of usage of the content at any time for reproduction, distribution and publishing.
Referencing
Unless explicitly requested otherwise by user in writing the user acknowledges and agrees that Aeroji may display the users company name, logo and public description provided on Aeroji for website(s) and / or other marketing material.
Guarantee of ownership
The user guarantees the ownership of all rights related to provided content on Aeroji and the legally capability of effectively granting the rights specified in this terms and conditions to Aeroji. The user also guarantees that provided content is not protected by any third party rights, which could be a reason for prevention the contractual granting of rights. In addition the user guarantees that copyright owner will not take any legal action against already published content by the user on Aeroji. As part of this contract the user also guarantees that the utilization of the content does not contravene any personal rights of third parties and, notably, the contractual utilization of the content shall be agreed by any represented persons.
Indemnity against claims of third parties
The user shall discharge Aeroji from any liability related with claims of third parties, including, notably claims about competition rights, violation of copyrights, trademark rights, personal rights and data protection, which may appear due to the usage of Aeroji by the user. In case the user receives information about a third party intending to take legal action regarding the usage of Aeroji, the user must notify Aeroji immediately. In order to defend protect against third party claims or to pursue its own claims Aeroji has the right to initiate appropriate actions. In this case the user's own actions must be agreed with Aerojis in advance. The reimbursement of the relevant costs, which Aeroji shall obtain/has obtained in case of claiming its legal rights is also included in this discharging of liability.
Content blocking and deletion
Aeroji has the right to stop the access to any content or to delete any content at any time. Notably this shall apply in case of suspicious content regarding violating applicable law or the rights of third parties.
Ideas of improvement
Any idea sent by the user does not contain confidential or proprietary information of a third party. Respecting all ideas, Aeroji may have a similar idea in development or under consideration. Aeroji has no obligation of confidentiality. The user grants Aeroji a non-exclusive, royalty-free, irrevocable worldwide license to use, modify, publish distribute, sublicense the idea. The user also completely waives any claims and rights in terms of the idea to Aeroji and its users.
Communication
Aeroji's contact details are available and up to date on the Aeroji platform. The contact details stated in the user account within the Aeroji service is considered as the contact details of the user. When declarations are sent to these contact details via e-mail or fax, they are considered as received upon sending and via post they are considered as received five days after sending, if no later receipt is proven. Declarations transmitted via e-mail between a user and Aeroji or other users shall be considered as declarations of intent. The holder of an e-mail address is deemed as originator unless counterevidence is provided.
Proper publication of company details and contact data
Contact information shall be entered by the user explicitly in the provided fields for this purpose and not in other fields regardless of the form.
As a seller
The following code of conduct shall be agreed by the user:
As a purchaser
The following guidelines may apply to a user as a provider when submitting a proposal for a tender:
The following code of conduct shall be agreed by the user:
- Post tenders with clearly defined scopes, services and time frames. Contact Aeroji for support in case of interest. Answer any clarifying questions from other users.
- Award the contract only for proposals with clearly defined descriptions in scope service, time frame and payment terms.
- Check and evaluate multiple proposals against criteria important to the user itself
- Post tenders with commission and/or equity compensation.
- Post tenders with free services requests
- Post tenders for advertising products or services outside of the Aeroji services something.
- Post tenders with references to competitors of Aeroji
- Post tenders with the intend to copy Aeroji services or parts of the Aeroji services.
- Post tenders completely in capital letters.
- Post tenders for illegal activities.
- Post anything that infringes or can infringe intellectual property of others by copying without crediting the source
As a purchaser
The following guidelines may apply to a user as a provider when submitting a proposal for a tender:
- Provide proposals only for tenders which suits you according to completion in customers expectations of time and quality.
- Provide proposals with specific scope, services and time frames.
- Set forecasts which can be met or exceeded.
- Define payment terms which are linked to completion.
- Define handling of order changes.
- Define handling of warranty work.
- Submit accurate proposals in terms of scope, time and money.
- Do not write proposals completely in capital letters.
- Write proposals English unless requested otherwise by the customer.
- Do not offer irrationally low proposal prices or test proposals.
- Do not offer proposals with the intention to commit fraud.
- Do not offer placeholders or generic proposals.
- Do not offer services for free or in exchange for good feedback.
All rights related to the Aeroji service (in particular copyrights) belong to Aeroji. The user is obliged to observe this and guarantees neither to use any other content commercially or personally nor parts of the Aeroji service besides the offered options in the scope of use of the Aeroji service, i.e. the user shall not use information from the platform beyond communication within the scope of own assets being part of the Aeroji service. Notably using such information for advertising, sending unsolicited messages or other inadmissible purposes is prohibited
The user clearly agrees not to:
The user clearly agrees not to:
- Use the Aeroji service and/or its contents for any commercial purpose other than intended by Aeroji and described by this terms and conditions;
- incorporate any part of the aeroji service into any other website without written permission of Aeroji priorly.
- Monitoring, accessing or copying any information of the Aeroji service using any software, databases, robots, scraper, scripts, spider, tool or other automated means or any manual procedure for any purpose with the use of the Aeroji service.
- Violating the restrictions in any robot exclusion headers on the Aeroji service or bypassing other measures used to prevent or restrict access to the platform;
- Deep-linking to any portion of the Aeroji service for any purpose without Aeroji's written permission
- Taking any action that inflicts, or may inflict, in our discretion, an scessive or disproportionate load on the infrastructure of Aeroji.
- Overwriting, blocking, modifying, copying of information and/or other content, unless it is necessary for the proper use the Aeroji service.
- Any attempt of adapting, decompiling, disassembling, editing, modifying, translating or reverse engineering any software programs used by Aeroji within the Aeroji service or related services.
Contract duration
The contract length is as per Sales Order created during user registration.
Contract extension and cancellation period
The contract shall be automatically extended if not cancelled by one of the parties by 12.00 pm (CET) at least on the final day of the contract period.
Fee changes by Aeroji
If Aeroji changes fees the user will be informed with 30 days of notice when the user logs in to Aeroji and can accept or decline the new fees by Aeroji.
Extraordinary termination
Both, Aeroji and the users have an extraordinary right to cancel the contract for cause. There shall be good cause to cancel this contract for Aeroji especially during the first two weeks after the contract has been concluded and whenever Aeroji has the right to claim lump sum damages according to the following chapter, if the user does not comply with claims for compensation although receiving a reminder, and/or the user violates the obligations mentioned in this terms and conditions. In such cases, Aeroji has the right to block the user from the service with the contract still continuing.
Effects in case of contract termination
After the termination of a contract, the users access to his or her account shall be blocked. The user cannot view any content on the Aeroji service. In this case Aeroji has the right to delete the users content. Aeroji has the right to inform other users about this termination. Multiple registrations by one user are neither in continuing contracts nor in terminated contracts permitted and especially not if a user is suspended by Aeroji by an extraordinary termination.
The contract length is as per Sales Order created during user registration.
Contract extension and cancellation period
The contract shall be automatically extended if not cancelled by one of the parties by 12.00 pm (CET) at least on the final day of the contract period.
Fee changes by Aeroji
If Aeroji changes fees the user will be informed with 30 days of notice when the user logs in to Aeroji and can accept or decline the new fees by Aeroji.
Extraordinary termination
Both, Aeroji and the users have an extraordinary right to cancel the contract for cause. There shall be good cause to cancel this contract for Aeroji especially during the first two weeks after the contract has been concluded and whenever Aeroji has the right to claim lump sum damages according to the following chapter, if the user does not comply with claims for compensation although receiving a reminder, and/or the user violates the obligations mentioned in this terms and conditions. In such cases, Aeroji has the right to block the user from the service with the contract still continuing.
Effects in case of contract termination
After the termination of a contract, the users access to his or her account shall be blocked. The user cannot view any content on the Aeroji service. In this case Aeroji has the right to delete the users content. Aeroji has the right to inform other users about this termination. Multiple registrations by one user are neither in continuing contracts nor in terminated contracts permitted and especially not if a user is suspended by Aeroji by an extraordinary termination.
Lump sum damages
The user is obliged to pay a fee for certain violations against the terms and conditions described below, unless the user is not responsible for the violation. Aeroji's right to claim further damages shall not be affected. Providing evidence for no incurred damage or significantly low incurred damage is granted for the user
Amount of the lump sum payment
The fee for the lump sum payment mentioned above shall be 2000 USD if the user violates the following prohibition against:
The user is obliged to pay a fee for certain violations against the terms and conditions described below, unless the user is not responsible for the violation. Aeroji's right to claim further damages shall not be affected. Providing evidence for no incurred damage or significantly low incurred damage is granted for the user
Amount of the lump sum payment
The fee for the lump sum payment mentioned above shall be 2000 USD if the user violates the following prohibition against:
- submission of fake tenders and/or proposals
- technical interfering
- registrations with more than one account
- multiple registrations after suspension or cancellation by Aeroji
Availability
Aeroji shall attempt to provide a failure-free operation of Aeroji services and grant users an access to the stored data. Of course this is limited to the services under control of Aeroji. However, the user acknowledges that a 100% availability is technically not possible for Aeroji. Nevertheless, Aeroji shall still try to keep the services as long as possible available. Users shall not claim rights for availability. Notably, Aeroji reserves the rights for access restrictions to the Aeroji services. These restrictions can be partially or completely, temporarily or permanently. The reasons can be in control of Aeroji, i.e. during maintenance or capacity considirations or beyond control, i.e. not expected external events.
Limitation of liability
In case of small wrongdoing, Aeroji may be held liable for violating contract-essential obligations (cardinal obligations), for personal damages and according to the provisions of the Product Liability Law. For the rest, the liability in pre-contracts, contracts and extra-contracts is limited to purpose and gross wrongdoings. This limitation of liability shall also apply whenever a mandated agent of Aeroji is at fault.
Aeroji shall attempt to provide a failure-free operation of Aeroji services and grant users an access to the stored data. Of course this is limited to the services under control of Aeroji. However, the user acknowledges that a 100% availability is technically not possible for Aeroji. Nevertheless, Aeroji shall still try to keep the services as long as possible available. Users shall not claim rights for availability. Notably, Aeroji reserves the rights for access restrictions to the Aeroji services. These restrictions can be partially or completely, temporarily or permanently. The reasons can be in control of Aeroji, i.e. during maintenance or capacity considirations or beyond control, i.e. not expected external events.
Limitation of liability
In case of small wrongdoing, Aeroji may be held liable for violating contract-essential obligations (cardinal obligations), for personal damages and according to the provisions of the Product Liability Law. For the rest, the liability in pre-contracts, contracts and extra-contracts is limited to purpose and gross wrongdoings. This limitation of liability shall also apply whenever a mandated agent of Aeroji is at fault.
Scope and purpose of the collection, processing and use of personal data upon visiting Aerojis services or website
Upon visiting Aerojis' website
Each time someone visits Aerojis services or website, the servers temporarily store information about the accessing user in a log file. The following data is collected and stored in this case, without any action of the user, until the time of automatic deletion:
Personal data which is made at creating and completing the profile on Aeroji services is provided on a voluntary basis. Nevertheless, accuracy in certain data is crucial. This data includes the users name, password, name of his/her company, full address, E-mail address and phone number.
This data is required for the management and development of Aerojis services by Aeroji, for credibility reasons of the input data and the user's legal capacity. This includes the capability with regard to the institution, content organization, the maintenance and modification of the contractual relation in the case of use of the Aeroji services, further Aeroji SaaS products and for eventual inquiries.
Using the Aeroji services as a registered user
During the use of the Aeroji services by registered users, Aeroji collects data for statistical reasons to provide flawless functionalities of its services, to fix malfunctions, for understanding users requirements and following optimizations and personalization, and to show such data to other users. In particular, this includes, offers and tenders and when applicable payment information submitted by the user and the correspondence with other users entirely or with Aeroji via Aeroji service. Data regarding the users profile within the Aeroji service, if applicable including electronic copies of verification of declarations made in the users profile are also stored. Notably, the users E-mail address is used to send the user an e-mails regarding the status, etc. In case of a different agreement, the E-mail will also be used to inform the user via E-mail about Aeroji, promotions or participations in surveys for market research purposes or quality control.
Forwarding users personal data to third parties
The users personal data is forwarded and/or displayed to third parties, notably to other users or related companies, only to the level that this is in accordance to the standard features of the Aeroji services. In particular, information that third parties may view includes information about offers or tenders that were published or completed via the Aeroji service up to the time and any received or submitted evaluations.
Moreover, Aeroji shall forward the users personal data to third parties only if there is a legal duty for Aeroji to do so and if it is required claim Aerojis rights, notably, to enforce claims resulting from the contractual relationship.
User data disclosure, correction, blocking and deletion
At any time the user may request information about his/her personal data, or change and view such data in his/her profile, which is visible to other users of the Aeroji service. The users data shall be deleted or at least any access cut upon termination of the contract.
In case the user wants his/her data withdrawn from the Aeroji service, the user shall inform Aeroji by letter, fax or e-mail to
Aeroji GmbH
c/o Factory Works GmbH
Rheinsberger Str. 76/77
10115 Berlin (Germany)
E-mail: hello@aeroji.com
Data security
Aeroji applies adequate technical and organizational security efforts in order to protect the users personal data against manipulation, full or partial loss and against unauthorized access by third parties. Aerojis security efforts are being improved by keeping up with technological developments continuously
Cookies
In many regards, cookies help to make the users visit to Aeroji service simpler, more pleasant and more valuable. Cookies are alphanumeric information files, which the users browser automatically saves to the hard disk of the users computer whenever the user visits Aerojis service or website.
For example, Aeroji uses cookies to identify the user as a user so that the user does not have to log in each time. Using cookies does not mean receiving new personal data about the user as an online visitor. A lot of internet browsers accept cookies automatically. Nevertheless, the user can configure his/her browser in such ways that cookies cannot be saved on the users computer entirely or the user is always asked for an approval before cookies are saved.
If the user deactivates cookies, the user may not be able to use some functions of the Aeroji services.
Upon visiting Aerojis' website
Each time someone visits Aerojis services or website, the servers temporarily store information about the accessing user in a log file. The following data is collected and stored in this case, without any action of the user, until the time of automatic deletion:
- IP address
- time and date of access
- name and URL of the recovered file
- website from which access is made
- operating system
- used browser by user
- other technical data
- name of the Internet Provider
- configuration of the used language
- geographical origin
- to use Aerojis website (to set up a connection),
- to constantly ensure stability and security of the system,
- to enable the technical management of the network structure
- to facilitate the optimization of Aerojis offer
- to enable internal statistical purposes.
- Only in case of attacks against Aerojis network infrastructure and for statistical purposes, the IP address shall be analyzed.
Personal data which is made at creating and completing the profile on Aeroji services is provided on a voluntary basis. Nevertheless, accuracy in certain data is crucial. This data includes the users name, password, name of his/her company, full address, E-mail address and phone number.
This data is required for the management and development of Aerojis services by Aeroji, for credibility reasons of the input data and the user's legal capacity. This includes the capability with regard to the institution, content organization, the maintenance and modification of the contractual relation in the case of use of the Aeroji services, further Aeroji SaaS products and for eventual inquiries.
Using the Aeroji services as a registered user
During the use of the Aeroji services by registered users, Aeroji collects data for statistical reasons to provide flawless functionalities of its services, to fix malfunctions, for understanding users requirements and following optimizations and personalization, and to show such data to other users. In particular, this includes, offers and tenders and when applicable payment information submitted by the user and the correspondence with other users entirely or with Aeroji via Aeroji service. Data regarding the users profile within the Aeroji service, if applicable including electronic copies of verification of declarations made in the users profile are also stored. Notably, the users E-mail address is used to send the user an e-mails regarding the status, etc. In case of a different agreement, the E-mail will also be used to inform the user via E-mail about Aeroji, promotions or participations in surveys for market research purposes or quality control.
Forwarding users personal data to third parties
The users personal data is forwarded and/or displayed to third parties, notably to other users or related companies, only to the level that this is in accordance to the standard features of the Aeroji services. In particular, information that third parties may view includes information about offers or tenders that were published or completed via the Aeroji service up to the time and any received or submitted evaluations.
Moreover, Aeroji shall forward the users personal data to third parties only if there is a legal duty for Aeroji to do so and if it is required claim Aerojis rights, notably, to enforce claims resulting from the contractual relationship.
User data disclosure, correction, blocking and deletion
At any time the user may request information about his/her personal data, or change and view such data in his/her profile, which is visible to other users of the Aeroji service. The users data shall be deleted or at least any access cut upon termination of the contract.
In case the user wants his/her data withdrawn from the Aeroji service, the user shall inform Aeroji by letter, fax or e-mail to
Aeroji GmbH
c/o Factory Works GmbH
Rheinsberger Str. 76/77
10115 Berlin (Germany)
E-mail: hello@aeroji.com
Data security
Aeroji applies adequate technical and organizational security efforts in order to protect the users personal data against manipulation, full or partial loss and against unauthorized access by third parties. Aerojis security efforts are being improved by keeping up with technological developments continuously
Cookies
In many regards, cookies help to make the users visit to Aeroji service simpler, more pleasant and more valuable. Cookies are alphanumeric information files, which the users browser automatically saves to the hard disk of the users computer whenever the user visits Aerojis service or website.
For example, Aeroji uses cookies to identify the user as a user so that the user does not have to log in each time. Using cookies does not mean receiving new personal data about the user as an online visitor. A lot of internet browsers accept cookies automatically. Nevertheless, the user can configure his/her browser in such ways that cookies cannot be saved on the users computer entirely or the user is always asked for an approval before cookies are saved.
If the user deactivates cookies, the user may not be able to use some functions of the Aeroji services.
If a service contract results in a legal problem, the user must send a relevant confirmation of his/her claim and/or complaint to the other user being the service contract party via Aeroji before starting arbitration or court proceedings. Within a period of 15 days, the other service contract party shall state its opinion and resolve the conflict. Only after the expiration of this period, the affected party may start arbitration or court proceedings. This clause shall not apply if a user (pursuant to § 13 of the German Civil Code/BGB) is party to the service contract.
Applicable time designation
The Central European Time and respectively the Central European Summer Time (CET / GMT+1 respectively CEST / GMT+2) shall be applicable for all time designations, periods, dates and deadlines
Site applicability
Please note that this Usage Policy shall also be applicable in full when subscribing and using the services accessible on the sub-domains of the Site: www.aeroji.com and (or) www.app.aeroji.com.
Miscellaneous
Unless Aeroji and the registered user have a different written agreement about this, these Terms and any Sales Orders that the user have signed are the full and final agreement between Aeroji and the user about this subject and replace any other agreements about this subject, whether spoken or written. You confirm that you have read these General Terms and that you understand and agree to these terms.
Individual provision Invalidity
If one or several provisions of these terms and conditions is or becomes invalid, this shall not affect the validity of the remaining provisions.
Understanding and Agreement
You confirm that you have read these General Terms and that you understand and agree to these terms.
Waiver
If Aeroji does not enforce any part of these Terms, it does not give up any rights under that part or any other part of these Terms. Either party can only waive something in writing.
Notice
Aeroji can email or call you to give you important information, updates on the terms and conditions of Site Services or other relevant information about using the Site and Site Services. You can also contact Aeroji by emailing hello@aeroji.com or by mailing a letter to this address: Aeroji GmbH, Rheinsberger Str. 76/77, 10115 Berlin, Germany. Aeroji will receive your notices when they arrive.
The Central European Time and respectively the Central European Summer Time (CET / GMT+1 respectively CEST / GMT+2) shall be applicable for all time designations, periods, dates and deadlines
Site applicability
Please note that this Usage Policy shall also be applicable in full when subscribing and using the services accessible on the sub-domains of the Site: www.aeroji.com and (or) www.app.aeroji.com.
Miscellaneous
Unless Aeroji and the registered user have a different written agreement about this, these Terms and any Sales Orders that the user have signed are the full and final agreement between Aeroji and the user about this subject and replace any other agreements about this subject, whether spoken or written. You confirm that you have read these General Terms and that you understand and agree to these terms.
Individual provision Invalidity
If one or several provisions of these terms and conditions is or becomes invalid, this shall not affect the validity of the remaining provisions.
Understanding and Agreement
You confirm that you have read these General Terms and that you understand and agree to these terms.
Waiver
If Aeroji does not enforce any part of these Terms, it does not give up any rights under that part or any other part of these Terms. Either party can only waive something in writing.
Notice
Aeroji can email or call you to give you important information, updates on the terms and conditions of Site Services or other relevant information about using the Site and Site Services. You can also contact Aeroji by emailing hello@aeroji.com or by mailing a letter to this address: Aeroji GmbH, Rheinsberger Str. 76/77, 10115 Berlin, Germany. Aeroji will receive your notices when they arrive.
Last updated: 11 April 2023