Conditions de participation et d'utilisation

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Version: September 2025

Preamble

These Terms and Conditions of Participation and Use govern the registration for and participation in initiatives for energy-efficient building refurbishment as well as the use of the websites and digital services provided for this purpose. The aim of the initiatives is to achieve favourable conditions for each individual participant through high participation numbers when commissioning a specialist company that implements the energy-efficient refurbishment, for example through the installation of heat pumps, the assembly of photovoltaic systems as well as other products and services.

1. General Provisions and Scope of Application

1.1 These Terms and Conditions of Participation and Use (hereinafter 'Terms of Participation' or 'Terms of Use') apply to the use of the digital services offered by Shiftup GmbH, In der Hardt 18, 76698 Ubstadt-Weiher (hereinafter 'ShiftUp') as well as to participation in initiatives.

1.2 Participants may be natural or legal persons (e.g. individuals, companies or organisations) who register to participate in an initiative and meet both the general participation requirements and the specific requirements of the respective initiative. By registering for an initiative, participants acknowledge these Terms of Participation.

1.3 Conflicting or deviating conditions of a participant are expressly rejected. They shall not become part of the contract unless ShiftUp expressly agrees to their validity in text form.

2. Subject Matter of the Contract

2.1 The subject matter of these Terms and Conditions of Participation and Use is the information about and organisation of initiatives with the objectives named in the preamble. ShiftUp provides digital services for this purpose, through which participants can register by providing required information and through which the implementation of the initiative is coordinated.

2.2 ShiftUp does not provide services for the implementation of energy-efficient refurbishments. Contracts for deliveries and services for the implementation of energy-efficient refurbishments are concluded exclusively between participants and the selected specialist companies.
ShiftUp does not become a contracting party and does not act as a representative of a contracting party in the relationship between participant and specialist company. Performance disruptions in this contractual relationship concern exclusively these contracting parties.

3. Implementation of the Initiative

3.1 ShiftUp provides information about initiatives and their respective requirements on the website. Participants can register free of charge for the respective initiatives in accordance with the regulations in 'Section 4 Registration and Termination of Participation' and can also deregister from the initiative at any time without observing a notice period.

3.2 ShiftUp may adapt the requirements for participation in an initiative if there is an important reason for doing so. This applies in particular to the area of the initiative or the time schedule. Participants will be informed as soon as possible about the changes and the resulting consequences. If the participant continues their participation after the notification, they acknowledge the amended requirements for the further course of the initiative.

3.3 ShiftUp determines suitable specialist companies within the framework of a selection procedure who are prepared to submit offers for energy-efficient refurbishments to participants. Favourable framework conditions and suitability with regard to the initiative are particularly decisive. Success, in particular the selection of one or more specialist companies or the conclusion of a contract, is not owed by ShiftUp. The selection of a specialist company does not constitute a recommendation regarding quality or reliability. ShiftUp is also not obliged to select a specialist company, particularly if none meets the criteria or no reasonable framework conditions are offered.

3.4 ShiftUp reserves the right to adapt tendering procedures, selection criteria, timetables as well as the number of specialist companies or participants for organisational reasons, to maintain capacity limits or to ensure quality. Changes will be communicated to participants in good time in text form.

3.5 In the case of successful selection of specialist companies, ShiftUp informs the participants and transmits the participant's data required for this purpose to the specialist companies so that they can prepare an offer. With the transmission of the participants' data to the specialist companies, the initiative is ended. The transmission takes place for the implementation of participation in an initiative on the basis of Art. 6 para. 1 lit. b GDPR.

3.6 Whether and to what extent a specialist company submits an offer to a participant lies solely in the decision of the specialist company. ShiftUp has no obligation to examine the individual offers prepared by specialist companies and generally has no knowledge of these.

3.7 Participation in an initiative expressly does not include any obligation on the part of the participant to accept the offer of a selected specialist company and to conclude a contract with them. The decision about the use and implementation of an offered energy-efficient refurbishment lies exclusively with the participant.

3.8 The contract for the implementation of energy-efficient refurbishment is concluded exclusively between participant and specialist company. Beyond the communication of participant data to the specialist company, ShiftUp does not undertake any further mediation or negotiation activities between participant and specialist company.

4. Registration and Termination of Participation

4.1 Registration and participation in an initiative is free of charge for the participant. Participation in an initiative takes place by registration with the required information as well as confirmation of the email address through a sent confirmation link – only with this confirmation is the registration completed. Insofar as information is not marked as required, it is voluntary in order to improve the course of the initiative or to provide optional information for the specialist company.

4.2 For valid registration, the general participation requirements and the specific requirements for an initiative must be met. The general participation requirements are in particular:

1. The building in question must be located in the designated area of the initiative. ShiftUp may also admit buildings in the surrounding area at its reasonable discretion.

2. The participant ensures that they possess the appropriate authorisations and/or powers of attorney required for participation in the initiative as well as commissioning and implementation of energy-efficient refurbishment of the building. In particular, they are themselves the sole owner of the building or are appropriately authorised by the community of owners. Proof of authorisation must be available in text form; insofar as written form is prescribed by law, this must be observed.

3. The participant ensures that no factual, legal or regulatory obstacles exist to the services for energy-efficient refurbishment. They examine the relevant requirements that may oppose participation or installation, in particular planning and building law regulations or property restrictions.

4. The participant or the legal representative or authorised person must have unlimited legal capacity.

4.3 The participant only provides such data about their person and their building that are required for participation in the initiative or whose disclosure they consider sensible. This data is transmitted by ShiftUp to selected specialist companies within the framework of implementing the initiative so that they have the opportunity to examine and prepare an offer. The accuracy of the data is the responsibility of the participant. ShiftUp is not obliged to check the participant's information for accuracy or completeness. If the participant deregisters before selection of a specialist company, no transmission takes place.

4.4 The participant can end their participation at any time by deregistering via the website or by notification in text form to ShiftUp. If a specialist company has already been notified by ShiftUp, the participant is obliged to also inform them about their termination.

4.5 If a participant seriously violates these Terms and Conditions of Participation and Use, ShiftUp may refuse or terminate their participation in an initiative at its reasonable discretion and taking into account the concrete circumstances. A serious violation exists in particular if incorrect or misleading information is provided, the general or specific participation conditions are not met, the provisions for the use of digital services are violated, or the implementation of the initiative is significantly disrupted. This also applies if violations are continued or repeated despite warning.

4.6 Participation is not transferable to third parties.

5. Tasks and Duties of ShiftUp

5.1 ShiftUp provides a service free of charge for participants for registration and participation in an initiative and performs tasks for the organisation of initiatives. ShiftUp does not provide technical, planning or legal advisory services in connection with energy-efficient refurbishment and also does not make recommendations regarding suitability, feasibility or expediency. Contractual guarantees are not undertaken.

5.2 ShiftUp endeavours to provide correct and current information, but does not guarantee the accuracy or completeness of this information beyond that. This information serves exclusively for general information purposes.

5.3 Due to the nature of digital communication, ShiftUp cannot guarantee uninterrupted access to the websites or services. ShiftUp is not liable for failures, delays or disruptions that are due to force majeure (e.g. natural disasters, pandemics, regulatory changes, cyber attacks) or disruptions that lie outside ShiftUp's sphere of influence.

5.4 ShiftUp endeavours to answer enquiries from participants promptly – regularly within five working days. However, a specific response time is not guaranteed. Communication usually takes place by email or via the website.

6. Duties of the Participant

6.1 The participant must inform ShiftUp of all changes to their provided information to ensure correct communication and processing of their participation. Where possible, this is done through adjustment of the information on the website. If the changes mean that the general participation conditions or specific requirements for an initiative are no longer met, the participant must end their participation in the initiative by deregistering. This applies in particular also if an authorisation is revoked or becomes invalid. If the participant fails to notify changes and/or a required deregistration resulting from the changes, participation is deemed to be ended.

6.2 The participant is obliged to examine offers from specialist companies including the associated terms and conditions independently and carefully before acceptance. This includes in particular an assessment of the suitability, feasibility, reasonableness and expediency of the offered products and services. If doubts exist about these aspects or the required knowledge for assessment is lacking, the use of independent professional advice is recommended. The decision about accepting an offer and concluding a contract with a specialist company lies exclusively with the participant.

6.3 It is pointed out that obtaining all permits, licences, consents and approvals required for the implementation of energy-efficient refurbishment in good time is the responsibility of the participant. In particular, planning law and building law (including monument protection) regulations must be observed.

7. Use of Digital Services

7.1 The following provisions govern the use of the provided digital services (hereinafter also 'Service' / 'Services' or 'Website' / 'Websites') by the user.

7.2 ShiftUp grants the user a right of use limited to the contract term, revocable in the presence of an important reason, simple (non-transferable and non-sublicensable), non-exclusive and limited to the contractually agreed use of the digital services provided within the framework of implementing this contract. The user's right of use expires with termination of the contractual relationship.

7.3 Use is only permitted to persons who have unlimited legal capacity and act exclusively on their own account. Persons acting for companies and other third parties must be appropriately authorised.

7.4 Authentication information must be handled with care. Companies ensure that only appropriately authorised persons have access to this information.

7.5 The user is exclusively responsible for the completeness and accuracy of all data entered by them during registration or otherwise transmitted.

7.6 The services are provided exclusively for the purposes offered by ShiftUp and may only be used in the intended manner. Processing or spying out data by means of other software is not permitted. Furthermore, it is inadmissible to copy, pass on, send or publish stored data unless a service or the terms of use expressly provides for such a function or it is necessary for proper use.

7.7 Any activity that is suitable for impairing the operation of a service or the underlying technical infrastructure and/or excessively burdening it must be refrained from. This applies in particular to the use of software, scripts or databases in connection with the use of the service as well as the automatic reading out, blocking, overwriting, modifying, copying of data and/or other content, insofar as this is not necessary for the proper use of the service. Use of the digital service or the offered information contrary to contract is expressly prohibited, including use for providing inappropriate content or links. Resulting damages can be claimed in accordance with statutory provisions.

7.8 The user is obliged to observe applicable law when creating and using content and not to violate the rights of third parties. This applies in particular to the use of content that is protected by copyright, as well as to trade marks and other commercial protective rights, but also when providing links to external content.

7.9 The creation, distribution, transmission, reproduction or linking of content on the platform

• that violates laws, in particular criminal laws or administrative offences as well as employment, competition, copyright regulations or commercial protective rights,
• that has a degrading, violence-glorifying, threatening, vulgar, pornographic, xenophobic character,
• that is suitable for violating human dignity or the right of personality,
• that is suitable for damaging the reputation of ShiftUp or other users,

is prohibited.

7.10 The user indemnifies ShiftUp against all claims of third parties that are asserted against ShiftUp due to unlawful use of the services or due to content posted by the user, insofar as the user is responsible for this legal violation. The user assumes the reasonable and necessary costs of legal defence by ShiftUp including necessary court and legal costs. This does not apply if the user is not responsible for the legal violation.

8. Limitation of Liability

8.1 ShiftUp is liable without limitation for damages caused by intentional or grossly negligent behaviour.

8.2 In case of slight negligence, ShiftUp is only liable for damages from the violation of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfilment enables the proper implementation of the contract in the first place and on whose compliance the other contracting party may regularly rely. In these cases, liability is limited to compensation for foreseeable, contract-typical damages. Claims due to injury to life, body or health, claims under the Product Liability Act, claims due to fraudulent concealment, claims based on assumed guarantees as well as claims from warranty law remain unaffected by the above liability limitations.

8.3 The liability limitations of this clause also apply in favour of the legal representatives, employees and other vicarious agents of ShiftUp.

8.4 A change in the statutory distribution of burden of proof is not connected with the above regulations.

9. Changes to the Terms of Participation

9.1 Changes to these Terms of Participation will be offered to the participant at least one month before the proposed time of their coming into effect in text form or the respectively legally required form, if the changes are reasonable for the participant taking into account ShiftUp's interests, in particular due to a change in the legal situation, supreme court decisions, official requirements or technical developments. The right to make changes does not apply to essential regulations of the contractual relationship, in particular not to the main performance obligations.

9.2 The participant's consent to the changes is deemed to be given if they have not indicated their refusal before the proposed time of the changes coming into effect. This approval effect will be particularly pointed out when notifying the changes. The amended version of the Terms of Participation then forms the basis of the further business relationship. In the case of a change, consumers have a special right of termination with immediate effect, which can be exercised in text form until the time the changes come into effect.

9.3 If the participant objects, the contract continues under the previous conditions; in this case ShiftUp is entitled to terminate the contract with ordinary notice of three months.

10. Final Provisions

10.1 ShiftUp is not obliged and not prepared to participate in dispute resolution procedures before a consumer arbitration board.

10.2 The law of the Federal Republic of Germany applies excluding the conflict of laws provisions of the EGBGB. If the participant is a consumer with habitual residence in another EU member state, the mandatory consumer protection provisions of their state of residence remain unaffected.

10.3 If the participant is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these conditions is the registered office of ShiftUp, unless another place of jurisdiction is mandatorily prescribed by law. This also applies if the participant has no general place of jurisdiction in Germany.