1. Scope

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1.1 These Terms and Conditions of Hatched, registered with the Commercial Register of the Local Court of Berlin under HRB 259149 B and with its business address at c/o Grace, Hardenbergstraße 32, 10623 Berlin, (“Hatched”) apply to the use of Hatched’s Software-as-a-Service solution, which helps to connect the world’s entrepreneurial talent (“Software”) and Hatched’s matching process (“Service”) for natural persons who are part of an Incubator, Accelerator or other Community (“Institution”) which procures Hatched’s Software and has authorised such person to use the Service (“User”).

1.2 The exclusive language used for the conclusion of the contract shall be English. Translations of these Terms and Conditions into other languages are intended for information purposes only. In case of contradictions between language versions, the English text shall prevail.

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2. Object of the Contract

2.1 Users can create a personal profile (“Profile”) by providing personal information and their preferences and take part in a matching pool enabling them to find likeminded entrepreneurial talents.

2.2 Hatched will process such data to facilitate the fulfillment of its obligations towards the User and the Institution.

2.3 A detailed description of personal and other data that is processed under these Terms and Conditions, as well as information about the processing of such data and the User’s rights towards such data can be found in Hatched’s privacy policy, which is available at our Data Privacy Policy.

2.4 Only Users who have been authorised and given access by their Institution can utilise the Service.

2.5 The User is prohibited from utilising the Service for any business or commercial purposes, except for matching with other entrepreneurial talents.

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3. Conclusion of the Contract

3.1 To create the Profile, the User enters their cofounder preferences and other necessary personal data. 

3.2 In the course of this Profile Creation step the User will accept these Terms and Conditions and by clicking on the button labeled “Submit Answers” the contract is concluded.

3.3 After contract conclusion, the User has access to the Profile.

When a contract is concluded, Hatched saves the contract text and sends it to the User (via email).

 

4. Use of the Service

4.1 The User is prohibited from passing on access data or otherwise authorising or enabling third parties to use the Service and access the User’s Profile. The User is obliged to keep access data secret, store it securely and protect it from unauthorised access by third parties. The User is obliged to inform Hatched immediately in the event of a suspected misuse. As soon as Hatched becomes aware of any unauthorised use, Hatched will block the User’s access. Hatched also reserves the right to change a User's access data for security reasons; in such a case Hatched will inform the User immediately.

4.2 The User may delete the Profile at any time. In this case, all data stored by the User in the Profile will be deleted, unless this data must be contained due to statutory or possible contractual warranty rights or commercial and tax retention obligations.

4.3 Users can access the Service via Email. The User is responsible for ensuring a sufficient internet connection. The User is responsible for complying with the system requirements necessary for using the Service.

4.4 Hatched can temporarily block the User’s access to the Service if there are concrete indications that the User violates legal regulations or the obligations arising from these Terms and Conditions. Hatched will take into account the legitimate interests of the User when deciding on to block the Profile, in particular whether there are indications that the User is not responsible for the violation. Hatched will lift the Profile block as soon as the offence has ended.

4.5 Due to necessary maintenance work and improvements, the Software and the Service or individual functions may be temporarily unavailable. Hatched shall take into account the legitimate interests of the User, in particular by providing advance information in good time.

4.6 For the general use of Typeform, only Typeform T&C apply: link.

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5. Remuneration 

Hatched provides the Software and the Service at no additional costs to the User. Remuneration is borne by the respective Institution that the User is part of.

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6. Warranty

The statutory warranty rights apply to the contract between Hatched and the User.

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7. Liability and Damages

7.1 Hatched is liable for intent and gross negligence. Further, Hatched is liable for the simple negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer may rely on regularly (“Cardinal Duties”). For Cardinal Duties Hatched is only liable for the foreseeable, typical contractual damage. 

7.2 The same applies to breaches of obligations by Hatched’s vicarious agents and legal representatives.

7.3 The abovementioned exclusions of liability do not apply in case of damage to life, body and health, in case of fraudulent concealement of a defect or if Hatched has assumed a guarantee. The liability pursuant to the product liability law remains unaffected.

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8. Right of Withdrawal

If the User is a consumer, the right of withdrawal in accordance with the rules described in Annex 1 applies.

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9. Duration, Termination and Cancellation of Service

9.1 The User is entitled to terminate this contract at any time and without giving reasons by contacting Hatched under dpo@hatched.team.

9.2 Hatched is entitled to terminate this contract if Hatched’s contract with the respective Institution ends (for whatever reason).

9.3 The right to extraordinary termination for good cause remains unaffected. Good cause for Hatched includes, inter alia, any breach of User’s obligations according to Sections 2 or 4, any use of the Software or Service to an extent exceeding the scope of use agreed in the contract or if the respective Institution has not settled payment arrears exceeding a substantive amount of owed payments.

9.4 Terminations shall be declared in text form or by deleting the Profile.

9.5 Once the contract is terminated, for whatever reason, Hatched will discontinue to provide access to the Software and the Service to the User.

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10. Data Protection and Data Security

10.1 Hatched will comply with applicable data protection laws with respect to the personal data of the User.

10.2 Information about the processing of the User’s personal data and the User’s right towards such data can be found in Hatched’s privacy policy, which is available at our Data Privacy Policy.

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11. Changes to these Terms and Conditions

Hatched reserves the right to change or amend these terms and Conditions in whole or in part with future effect for the following reasons: legal or regulatory reasons, security reasons, to further develop or optimize existing qualities of Hatched services and to add additional qualities, to adapt to technical progress and make technical adjustments, or in order to guarantee the future functionality of the Service provided by Hatched. Hatched will inform the User of any changes, communicating the specific content of the modified provisions with sufficient advance notice at least six weeks before the planned entry into force of the changes. The changes are only deemed accepted by the User if the User gives express consent. 

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12. Final provisions

12.1 All declarations concerning the contract must be submitted in text form (e.g. email). 

12.2 The contract shall be governed by the laws of the Federal Republic of Germany.

12.3 If, on conclusion of this contract, the User had his place of residence or habitual place of residence in Germany and he relocated it to a location outside Germany at the time of commencement of proceedings by Hatched or if the User’s place of residence or habitual place of residence is unknown at this time, the jurisdiction for all disputes shall be the seat of Hatched in Berlin.

12.4 The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/. Hatched’s email address is: dpo@hatched.team.

12.5 Hatched is not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

 

 

ANNEX 1

 

Right of Withdrawal for Consumers

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You have the right to withdraw this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the contract is concluded.

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To exercise your right of withdrawal, you must inform us, Hatched at c/o Grace, Hardenbergstraße 32, 10623 Berlin, e-mail: hello@hatched.team, by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. For this purpose, you can use the attached sample withdrawal form, which, however, is not mandatory. 

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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.

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Consequences of Withdrawal

If you withdraw from this contract, we shall rescind this contract at no further cost to you and delete all data received, without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal of this contract.

 

Template withdrawal form pursuant to Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 Introductory Act to the Introductory Act to the German Civil Code (EGBGB) 

(Complete and return this form only if you wish to withdraw from the contract)

 

• To Hatched, c/o Grace, Hardenbergstraße 32, 10623 Berlin, e-mail: hello@hatched.team,.

• I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*).

• name of consumer(s);

• address of consumer(s);

• signature of consumer(s); (only if this form is notified on paper);

• date

(*) complete as appropriate