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Terms of service

This is an automatically generated translation. The German version is legally valid. Switch the language in the footer to view the German version.

Version: January 2024

Shiftup operates the Shiftup platform under the following domains: https://shiftup.energy/

Shiftup provides a platform that enables users to create and publish projects and to obtain information about published projects. By registering as a Supporter (“Supporter”), private individuals or local companies can actively participate in these projects. Projects are various endeavours that require the involvement of Supporters in order to be successfully realised. They are launched by Project Initiators (“Project Initiators”). Project Initiators can be anyone who wants to start a project, e.g. cities, local authorities, climate protection agencies, cooperatives as well as local associations and organisations, consulting companies, energy providers, installation companies, housing companies or Shiftup itself. The Project Initiators provide information and materials on the projects and their objectives.

Users of the Platform (“Users”) are Project Initiators and Supporters.

1. General and scope of application

1.1. These general terms and conditions of business and use (hereinafter “Terms of Service”) contain regulations of Shiftup GmbH, In der Hardt 18, 76698 Ubstadt-Weiher, Germany - hereinafter “Shiftup”.

1.2. These Terms of Service regulate the relationship of Users with Shiftup within the framework of the legal relationships on the basis of the use of the platform and the services provided by Shiftup and agreed with us. The possible contractual relationships between the Users among themselves (e.g. between Project Initiators and Supporters) are not affected by this.

1.3. Contradictory or deviating conditions of the User are expressly contradicted. They do not become part of the contract, unless Shiftup expressly agrees to them in writing.

1.4. Without the unconditional acceptance of these Terms of Service, the use of the services is inadmissible. This applies accordingly to a later objection to the Terms of Service.

2. Offer and operation of the platform

2.1 Shiftup operates the platform and enables Users to utilise the functions it offers and to purchase or request services from Project Initiators. Shiftup makes the platform available for the switching between the Users.

2.2. Shiftup has no influence on the possible contract formation and their execution between the Users. Also Shiftup does not become a contracting party or other party to the contracts concluded between Users.

2.3. With the provision of the platform by Shiftup its functions are offered for the switching of contracts for the Users. A specific offer, a success or specific qualifications of Supporters or characteristics of services are not owed.

2.4. The use of the platform requires a registration and activation of a user account (“Account”). There is no entitlement to activation or activation for use of the platform.

2.5. Registration and use of the platform for Supporters is free of charge. Project Initiators must submit a registration application and, if necessary, conclude general or individual contracts for use with Shiftup. Shiftup reserves the right not to enter into an agreement with individual persons or companies for the use of the platform.

2.6. There is no entitlement to the maintenance of individual functionalities of the platform, unless they are expressly part of the agreed scope of services. Functionalities may be changed, added or removed at any time within reasonable limits, in particular if this is done for reasons of technical security, legal requirements or related economic considerations. A refund obligation for possible user fees or their adjustment does not result from it.

2.7. a protection against competitors is excluded. Shiftup can also make the services offered available to potential competitors of Users.

2.8. Shiftup reserves the right to commission third parties (e.g. provision of the platform, data processing centre, etc.) in whole or in part for the implementation and provision of its owed services within the framework of this user agreement. The legal requirements, in particular data protection agreements, are adhered to in this case.

2.9. The services are provided in the data processing centre of Shiftup and called up by the User via the Internet. The transfer point is the Internet connection of the computer centre of Shiftup.

2.10. An uninterrupted availability of the offered services on the platform is not owed by Shiftup. In particular, necessary maintenance and data backup work can lead to interruptions. In the case of interruptions due to operational disturbances, Shiftup will eliminate the causes of the disturbance in an appropriate time and restore the operational readiness. For the duration of the interruption as well as an appropriate lead time and follow-up time, Shiftup is released from the obligation to perform.

2.11. Force majeure and unforeseeable events such as fire, strike, lockout as well as other circumstances for which Shiftup is not responsible, which make it impossible for Shiftup to provide the service in whole or in part, release Shiftup from the obligation to provide the service for the duration of the hindrance and an appropriate start-up time. This also applies if Shiftup has to stop the services completely or partially due to a direct or indirect attack on its systems (e.g. by hackers, malware, automated attacks on weak points) and Shiftup could not ward off the attack by appropriate and reasonable measures.

3. Use of the platform

3.1. Shiftup grants the User a revocable, simple (non-transferable and non-sublicensable), non-exclusive right of use, limited to the contractually agreed use, to the platform provided within the framework of the execution of this contract, limited to the contractually agreed use. The User’s right of use shall expire upon termination of the contractual relationship.

3.2. Use is only permitted to persons who have unlimited legal capacity and are acting exclusively for their own account. Persons acting on behalf of companies must be authorised accordingly. The companies shall ensure that only appropriately authorised persons have access to the access data to the platform. Authentication information must be handled with care.

3.3. The User is solely responsible for the completeness and correctness of all data entered or otherwise transmitted by him in the course of registration and on the platform.

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

3.5. Any activity that is likely to impair and/or place an excessive burden on the operation of the platform or the technical infrastructure behind it must be refrained from. This applies in particular to the use of software, scripts or databases in connection with the use of the platform as well as the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the platform. Any use of the platform or the information offered in breach of contract is expressly prohibited, including use for the provision of content or links for other purposes. Any resulting damages may be claimed by us.

3.6. The User is obliged to observe applicable law when creating and using content on the platform and not to infringe any third-party rights. This applies in particular to the use of content that is protected by copyright as well as trademarks and other industrial property rights, but also when providing links to external content.

3.7. The creation, dissemination, transmission, reproduction or linking of content on the platform, which

  • against laws (in particular criminal laws or administrative offences; labour law, competition law, copyright regulations; industrial property rights, etc.).
  • are derogatory, glorify violence, threatening, vulgar, pornographic or xenophobic in character or are likely to violate human dignity or the right of personality
  • are likely to damage the reputation of Shiftup or other Users,

are prohibited.

3.8. Users can interact and make contact with each other within the framework of the functionalities. Shiftup is in principle not obligated to supervise interactions between the Users, unless compelling legal regulation obliges to it.

3.9. Users are responsible themselves for the examination of the data made by other Users (e.g. to the person, qualifications, building information and references, offers, etc.) regarding accuracy, topicality or correctness. Shiftup is not obliged to check information provided by Users, but reserves the right to check this on an ad hoc basis and if necessary to remove it in order to protect its own rights or the rights of third parties.

3.10. Shiftup is entitled at any time to block access to individual contents if there is a suspicion that these violate applicable law, the rights of third parties or the terms of use. If we determine a misuse of this platform, a serious or persistent violation of these terms of use by individual Users, we reserve the right to exclude them from further use. This includes a temporary or permanent blocking of access authorisations.

3.11. The User exempts Shiftup in the case of the claim because of alleged or actual violations of law and/or the injury of rights of third parties by actions of the User in connection with the use of the platform from all claims of third parties resulting from this. In addition, the User undertakes to reimburse all costs which Shiftup incurs as a result of the claim by third parties. The refundable costs also include the costs of an appropriate legal defence.

3.12. The User grants Shiftup free of charge a spatially and temporally unlimited, irrevocable, transferable, non-exclusive right to third parties to exploit the posted content within the framework of the platform and the offered services. Shiftup is entitled to use, edit and exploit the contents. This includes in particular the right of duplication, the right of distribution, the right of public reproduction and the right of making available to the public. The User waives the right to the naming of the author.

4. Registration as a Supporter and provision of services

4.1. Registration as a Supporter is only open to natural persons who have reached the age of eighteen. By registering with name, e-mail and password and automatically confirming the correctness of the e-mail address by sending a confirmation link, a user account is created.

4.2. By participating in a specific project, Supporters grant the Project Initiator access to all information provided in the context of the project as well as to the information requested by the Project Initiator and provided by the Supporter. In particular, the Project Initiator receives access to personal data such as contact information and address of the Supporter as well as to all other information required by the Project Initiator to provide services within the scope of the specific project. Within their user account (the “Participant Portal”), Supporters can make settings as to whether they wish to be informed by e-mail about updates on a specific project and whether their name should be displayed in the project’s public list of Supporters. Leaving a project is equivalent to cancelling the user account.

4.3. If a candidate is sufficiently qualified for a particular job, Shiftup will share the candidate’s contact information with employers through the platform. In addition, candidates can directly contact employers on the platform and share their profile with them for viewing.

4.4. When enquiring about or booking services from Project Initiators via the platform, the candidate’s data required to conclude the contract (e.g. name, address, contact details, email, telephone) is transmitted to the Project Initiator. This takes place for the purpose of the fulfilment of this user contract.

5. Registration application as Project Initiator and provision of services

5.1. If an interested party wishes to register as a Project Initiator, this requires a corresponding registration application by the interested party.

5.2. Shiftup will review the registration application and will contact the interested party with regard to further information and details required and the conclusion of further necessary agreements. The registration application does not establish a right to activation as a Project Initiator.

5.3. Registration and use of the services for Project Initiators on the platform are open to all interested parties, including legal entities, tradespeople, the self-employed, freelancers as well as cities, local authorities, agencies, cooperatives, local associations and organisations.

5.4. Project Initiators can offer their services on the platform in accordance with the options below.

6. Obligations of Project Initiators

6.1. Project Initiators are themselves responsible for the data transferred and made available or disclosed to them in the sense of data protection. The provision of personal data by Shiftup to Project Initiators takes place within the framework of contractual agreements with the data subjects or on other legal bases. Shiftup also remains responsible for the personal data it processes and determines the type and purpose of processing alone within the scope of using the platform.

6.2. Project Initiators are obliged to provide an legal notice, data protection information and other legally required information on the platform and to keep it up to date (e.g. information and option to cancel consumer contracts, additional information in accordance with DL-InfoV, etc.). They must also comply with the legal requirements necessary for offering goods or services to consumers or companies.

7. Conclusion of contracts between Supporters and Project Initiators

7.1. A Project Initiator can make a binding and concrete offer or contract available to a Supporter via the platform. The Supporter can accept this offer or contract, which results in a binding contract between the Supporter and the Project Initiator.

7.2. Supporters can conclude contracts with Project Initiators on the platform in two different ways, depending on which service is offered by the Project Initiator:

  • Button click: An offer or contract is confirmed by clicking a clearly labelled button, such as “Accept now”.
  • Electronic signature: This electronic signature technically fulfils the same purpose as a handwritten signature on paper documents. After completing the required fields, the offer or contract is confirmed by clicking a button, such as “Finalise”, and the electronic signature is generated.

7.3. The Project Initiator has the option of setting a deadline for accepting the offer or contract. Once this deadline has expired, it is no longer possible to accept the offer or contract via the platform and the Project Initiator is no longer bound by the offer or contract.

7.4. The service and payment modalities are regularly specified in the Project Initiator’s offer. If no modalities are specified, the statutory provisions shall apply.

8. Term of contract and termination

8.1. Unless otherwise agreed or clearly resulting from the purpose of the contract, the usage agreement is concluded for an indefinite period of time and can be terminated by the User at any time, usually on the platform by revoking the registration or by a corresponding clear notification to us. We may terminate the agreement with a notice period of two weeks.

8.2. Terminations for good cause remain unaffected.

8.3. The right of withdrawal for consumers remains unaffected.

8.4. With the end of the user agreement, the user accounts are blocked. The User’s data will be deleted no later than four weeks after the end of the user contract. The storage of data due to legal retention periods remains unaffected.

9. Widerrufsrecht für VerbraucherCancellation policy for consumers

Consumers have a right of withdrawal and may withdraw from this contract within fourteen days from the date of conclusion of the contract without giving any reason. Details can be found in the cancellation policy and the cancellation form provided on the platform website.

10. General limitation of liability

10.1. The following regulations on the limitation of liability apply to all claims for damages, irrespective of the legal grounds, in particular from impossibility, delay, defective or incorrect performance, breach of contract, breach of duties during contractual negotiations and unlawful acts. They also apply to breaches of duty by vicarious agents and other persons for whose fault Shiftup is responsible according to the statutory provisions.

10.2. In the case of claims for damages, Shiftup is only liable for intent and gross negligence. In the case of slight negligence, Shiftup is liable for violations of essential contractual obligations for which it is responsible, whereby the obligation to pay compensation is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Contract-substantial obligations are thereby obligations, whose fulfilment makes the proper execution of the contract between the contracting partner and Shiftup at all possible and on whose observance the contracting partner regularly trusts and may trust. Indirect damages and consequential damages, which are consequences of a defect in the object of performance, are consequently only compensable insofar as such damages are typical and foreseeable with the intended use of the object of performance.

10.3. The above regulation does not apply to damages due to injury to life, body or health, to claims according to the Product Liability Act, in the case of fraudulent concealment of defects or in the case of the assumption of a guarantee for the quality of the performance.

11. liability for links

Shiftup uses on the platform also links to external services or websites for which the respective provider or operator is responsible and on whose contents Shiftup has no influence, in particular not with a change of the contents. A guarantee for the contents cannot be taken over therefore, because a permanent control of the external contents is not reasonable. At the time of the linking as well as with corresponding later concrete clues we check the contents and remove these if the contents do not correspond any more to the original or legal offences are recognizable.

12. Change of the terms of service

Shiftup reserves the right to change, supplement or rewrite the present terms of service. The User will be informed in good time in advance by e-mail about significant changes, supplements or new versions before they come into force. If the User does not object in writing within four weeks of receipt of the notification of the amendment, supplement or new version, the amended terms of service shall be deemed accepted; the User shall be informed of this in the notification of the amendment, supplement or new version. If the User does not accept the amended terms of service, Shiftup is entitled to a special right of termination with a period of notice of three months. Shiftup can exercise this special right of termination within four weeks after the objection of the User.

13. Data protection

The personal data entered by Users is processed for the purposes of contractual services, in particular for the procurement and processing of services with the Project Initiators. For these purposes, the necessary data is also passed on to the respective Project Initiators. For further information, please refer to our data privacy policy.

14. Exclusion from consumer dispute resolution

The European Commission provides a platform for online dispute resolution between businesses and consumers (ODR platform): https://ec.europa.eu/consumers/odr/

Shiftup is not obliged and not prepared to participate in procedures for the settlement of disputes before a consumer arbitration board.

15. Other provisions

15.1. The law of the Federal Republic of Germany applies to the contractual relationships of the parties to the exclusion of the conflict of law provisions of the EGBGB. If the User is a consumer whose habitual place of residence is in another EU member state, the mandatory consumer protection provisions of the country of his habitual place of residence shall additionally apply in favour of the User.

15.2. If the User is a merchant, a legal entity under public law or a special fund under public law, Karlsruhe shall be the exclusive place of jurisdiction for all disputes between the contracting parties, irrespective of the legal grounds, unless another place of jurisdiction is prescribed by law. This also applies if the User has no general place of jurisdiction in Germany.

15.3. If individual provisions of this contract are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. This also applies to separable parts of invalid provisions.

 

Cancellation policy

Right of cancellation

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

Shiftup GmbH, In der Hardt 18, 76698 Ubstadt-Weiher, Germany
E-Mail: contact@shiftup.energy

of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.


Here you can download a sample cancellation form (PDF).