1. General conditions
These conditions are valid for your business relationship with Testmylife GmbH (hereinafter referred to as "Testmylife"), in particular for offering and receiving experiences on the www.testmylife.com website or with the Testmylife App. Our address can be found under item 17 and in our website notice (“Imprint”). Our community, our website and the Testmylife App are operated by Testmylife. Further information on Testmylife GmbH can be found in our website notice. For the business relationship between you and Testmylife GmbH, the following conditions only apply in their valid form. If any amendments are made to these conditions, we shall inform you in good time. Deviating, conflicting or supplementary conditions shall not form the basis of our business relationship, unless we have expressly agreed to their application in writing.
Both natural persons (human beings) and corporate bodies (companies or associations) may become members of our community. Membership entitles you to offer and avail yourself of experiences on the www.testmylife.com website or via the Testmylife App. Your membership is free of charge; However, we reserve the right to request membership fees in future.
3. Your membership account and data protection
In order to be a member of Testmylife, you have to be at least 18 years of age. It is forbidden for any person under the age of 18 years to access the website or to use the Testmylife App. By registering on the website, you declare and guarantee that you are 18 years of age or older.
For membership in our community, you select a user name. You can also choose a pseudonym. However, when you offer your experiences or use the services and experiences provided, we require your real name and your full address details. For purposes of payment handling, we also require your bank details and/or the data of your PayPal account.
Your data is initially only visible to us as operators of the community and shall be used by us solely for the purpose of providing and making use of offers. In-depth information is available in our Data Privacy Statement.
As soon as a member indicates interest in your experiences, you have seven days to decide whether you would like to submit a binding offer for your experience. Only after you have submitted this binding offer will your complete data be visible for the interested party.
Your contact data form the basis of your membership account. By signing up, you agree that all data that you have submitted in connection with your registration is complete and correct. If any changes occur to your contact data, in particular with regard to your address and your bank details, you are obliged to enter these changes in your membership account, immediately or, at the latest, the next time you use the www.testmylife.com website or the Testmylife App. In the event of a violation of the aforementioned obligations, Testmylife is entitled to delete your membership account and to terminate your membership without notice.
We cannot rule out the possibility that erroneous data has been saved for user accounts. For this reason, every member is obliged to affirm the identity of his/her contractual partners and the correctness of their data.
You are responsible for ensuring that no other person uses your membership account. You are not entitled to make your membership account available to third parties.
When registering your account, you have to specify a password. This password must be safe (consisting of at least eight characters, both letters and numbers, in both upper- and lower case) and must not be passed on to third parties, in order to prevent your account from being abused in any way. You are responsible for all activities that occur within your account. It is your responsibility, and in your own best interest, to ensure that your password is not made known to third parties. You are obliged to contact us immediately if you suspect any unauthorized use of your membership account.
If we suspect that your account is being misused, we are entitled to block your account. Further, we are entitled to delete membership accounts that remain unused or registrations that are not completed in full. If this should happen to your account, we will contact you regarding this issue.
All messages related to your membership are exchanged solely via the email address stated in your membership account.
As part of the functionality of our website, app and services, your membership account can be linked to so-called third-party accounts This means that your membership account can be linked to, for example, your Facebook account.
This can be performed either by (i) providing the log-in data for your account via the website or the Testmylife App or (ii) agreeing that we may access your account in accordance with the valid conditions and provisions of the third-party accounts.
You guarantee that you are entitled to provide us with log-in data to your third-party account and/or to grant us access to your third-party account (including, but not restricted to, use for the purposes described), without violating the conditions of the third-party account and without our being obliged to offer any remuneration.
You are aware and agree that by giving consent to access to your third-party accounts, all content of your third-party accounts (“SNS content”) can be made available via our website, applications and services. Your SNS content remains your responsibility.
Depending on which data-protection settings you have selected in these third-party accounts, your personal data may be available on our website and as part of our applications and services. In the “Settings” section, you can deactivate the connection between your membership account and the third-party accounts at any time.
The conditions for your use of third-party accounts are determined solely by the valid regulations for the third-party accounts. We shall not check your SNS content with regard to correctness, legality or the violation of third-party rights and assume no responsibility for your SNS content.
You agree that Testmylife is not responsible or liable for the behavior, properties or content of your SNS content.
4. Testmylife services
We ourselves do not publish any profiles on the website and in our app and we do not offer any experiences ourselves. Our community offers members merely the technical possibility to publish content on the www.testmylife.com website or via the Testmylife App. We neither check nor process this content.
Contracts for making use of the experiences provided are concluded between members only. Testmylife is not a contractual party for agreements concluded between members. The obligations arising from these contracts must be met not by us, but by the members who concluded the contracts. We are not representatives of individual community members, neither are we brokers for the experiences offered within our community. In particular, we do not act in the capacity as a travel agent in any form.
We reserve the right to optimize your offers for display on mobile devices (particularly smartphones and tablets).
If you post content (images and texts) via our website or the app, you grant us the non-exclusive and sub-licensable right, with no restriction regarding time or territory, to use this content, in part or in whole, to publicize the offers on the www.testmylife.com website or via the Testmylife App. You can revoke this right by canceling your membership at any time.
For this purpose, it is necessary that your content is saved, hosted on servers, made available for selection, technically duplicated and made accessible by Testmylife. Use of your content is not restricted to the distribution on the internet; it may also be used for newsletters, advertising banners, all types of print media as well as TV and radio.
5. Concluding a contract via Testmylife
You can offer parts of your life (e.g. your hobbies, interests, abilities and potential) in the Testmylife community and avail yourself of the offers made by other members.
The contract between providers of experiences and the members who wish to avail themselves of an experience is based on the following conditions:
a. Providers must provide a clear and complete description of their offers using texts and images, in order to give potential buyers a correct impression of their offers. An offer must contain all details of the experience that are pertinent to the potential buyer's decision. The description of the article and the accompanying images may not infringe any rights of third parties, with particular regard to rights to use and similar rights relating to copyright as well as personal rights, trademark protection, name protection and title protection. The images and the description may only refer to the experiences offered. Other content as well as links to other websites or applications are not permitted and may be removed by Testmylife at any time.
b. We reserve the right to delay the publication of offers and content on the www.testmylife.com website or on the Testmylife App.
c. The provider must specify the price for the individual offers, including sales tax. Flexible pricing components must be clearly labeled as such.
d. It is not permitted to demand additional fees from a member which extend beyond the price specified in the offer.
When a member expresses interest in an experience, he/she can make a binding offer to conclude a contract with the provider of the offer. We will then immediately inform the provider of the experience via email of the contract proposal made by the interested party. This offer will be effective for a period of one week.
A contract will only become valid if the provider of the experience accepts the offer within a period of one week. Both parties must agree on a binding date on which the services stipulated within the offer will be made use of. If the provider of the experiences does not accept the offer of the interested party to avail himself/herself of the experience or does not respond to the offer within a period of one week, no agreement will be concluded and no costs will be incurred, either for the provider or for the interested party.
The contract between a seller and a buyer is binding for both parties. It is possible to withdraw from the agreement only in accordance with the terms of cancellation specified. These standards can be viewed on the Cancellation Policy page. The contract may only be revoked if both parties issue their consent to do so.
6. Prices and Testmylife charges
The email with information on the conclusion of a contract indicates the total price to be paid by the buyer and instructs the buyer to pay this price within a period of seven days. At present, Testmylife does not demand any fees! Testmylife reserves the right to charge a fee to the contractual parties for communicating the contract via www.testmylife.com. The fee consists of a percentage of the price of the offer. Current percentages can be viewed under Charges.
7. Conditions of payment
We allow the use of pseudonyms, which means that the real identity of the buyer is not absolutely free of doubt. For this reason, payment is not made directly to the provider; it is effected to a third-party account that is held by us. The buyer is obliged to transfer the price stated in the offer on the website or the app to the third-party account within seven days of the provider having accepted the offer. Partial payment in installments is not permitted. We inform the contractual parties with immediate effect about the receipt of payment.
Payment is considered to be effected as soon as the sum is present in the third-party account with the reference number communicated by Testmylife. The accepted methods of payment are bank transfer, credit card and PayPal. As soon as an attributable payment has been effected to Testmylife, both the payer and the payee receive confirmation of this via email.
The buyer of an experience may cancel payment to the provider within 24 hours following the end of the agreed date on which the experience should take place if
a) the provider failed to appear in order to perform the experience or
b) the provider refused to provide the services agreed
c) prior to the date on which the experience was due to take place, the buyer withdrew from the contract in accordance with the terms stipulated therein.
For this purpose, a form is available in the Contact section. If the contractual parties are unable to agree on a new date on which the experience should take place, the buyer shall receive a full refund of the payment effected to the third-party account. We do not reimburse any interest accumulated on the sums of money in the third-party account.
Otherwise, after the charges and fees for Testmylife have been subtracted, payment is effected to the provider. Before payment is effected, we may subtract from the overall total the fees to which we are entitled. A member may offset counterclaims against claims by Testmylife only when these counterclaims are undisputed or have been successfully asserted as legally valid. Rights of retention can only be asserted when the counterclaim is based on the same contractual relationship.
Testmylife is not a contractual party of the contract concluded between provider and seller and is not liable for any guarantees or warranty claims. The buyer must address any claims based on defects directly to the provider. Damage claims must be settled by the contractual parties. Testmylife assumes no liability for any matters relating to the execution of the offers.
The services that we offer you are subject to availability. We endeavor to ensure that our services are always accessible via the www.testmylife.com website and the Testmylife App. The possibility to use these services may be occasionally interrupted or restricted due to maintenance and development work or other disturbances. We will do everything within our powers to inform you of these disruptions in good time.
Testmylife allows members to issue mutual ratings once an experience has been completed. These ratings will be published. Other members can indicate whether these ratings were helpful and useful. Testmylife does not adopt these ratings as its own and does not check whether the ratings are misleading or without foundation.
When providing ratings, members are obliged to make statements that are truthful and that do not contravene any legal regulations. Ratings must be based on facts that can be checked and that relate directly to the experiences encountered by the persons issuing the ratings, and may not contain any abusive criticism. It is not permitted to submit ratings without foundation or ratings that are not directly related to the experience being rated. It is forbidden to submit ratings about yourself or to commission third parties to submit ratings about yourself. We reserve the right to delete, in whole or in part, ratings that have inadmissible content.
Members assume responsibility for content that they publish on the www.testmylife.com website or with the Testmylife App as well as for all material and information that they exchange with other members.
We do not adopt members' content as our own and assume no liability, express or implied, for the completeness or the correctness of the content of information published by our members on Testmylife. Further, with the aid of the settings regarding applications and your privacy, you can determine which content should be made public. For content such as photographs and videos that are subject to laws governing intellectual property (so-called IP content), you provide us with permission for a non-exclusive, sub-licensable, fee-free worldwide license for using all IP content that you have published on, or in connection with, Testmylife (IP license). This IP license is terminated automatically as soon as you delete your content or your account.
We do not perform any general checks on the content on Testmylife. Even when we decide at our own discretion to check content and, if necessary, to delete or modify it, we assume no responsibility for the content, for the behavior of members who publish such content or for the amendment or deletion of unsuitable content.
Following justified evidence on the part of the violated party, we shall remove infringing content.
11. Prohibited content and prohibited activities
In particular, it is prohibited to publish or communicate on Testmylife content that:
is of an abusive nature; supports racism, fanaticism, hatred or physical violence of any description against groups or individuals; serves to harass other people; supports sexual abuse or violent maltreatment of other people; contains images of nudity, violence or offensive scenes, or links to pornographic websites; requests minors to provide personal information; contains telephone numbers, postal addresses, surnames, URLs or email addresses, when this data is not necessary for contractual parties to fulfill their obligations relating to the experience; is of an insulting, threatening, obscene, defamatory or libelous nature; is incorrect or misleading; supports illegal acts or behavior; supports unauthorized reproduction of texts and images that are protected by copyright, for example by providing links or illegal programs and services that contain information to circumvent copy-restriction mechanisms or devices or programs the enable the illegal reproduction of texts and images that are protected by copyright; support criminal activities or contain instructions for illegal activities, in particular instructions for producing or purchasing illegal weapons, for violating data protection regulations or for providing or developing computer viruses.
It is also prohibited,
without the prior written agreement of Testmylife, to use the website or the app to conduct commercial activities and/or sales that are not solely in conjunction with the permitted experience offers; to offer or conduct sweepstakes, lottery draws, exchange, advertisements or snowball systems; to distribute junk mail, chain letters or unsolicited mass emails, instant messages, “skimming” or “spamming”; to publish pages or images that are restricted or only accessible with a password; to request that other members provide passwords or personal data for commercial or illegal purposes; to publish a photograph of another person without their verifiable permission.
Prohibited activities include the following:
Criminal or prohibited acts, including child pornography, fraud, trading with indecent material, drug dealing, gambling, harassment, stalking, spamming, insulting behavior, distribution of viruses or other files that may cause damage; the infringement of copyright, patent or corporate secrets; disrupting, interrupting or placing excessive strain on Testmylife services; using the account, user name or password of another member; using our services in a manner that violates valid laws and regulations.
We reserve the right, without issuing prior warning and at our free discretion, to refuse to publish content or to delete or restrict content that has already been published, as well as to deactivate, terminate completely or partially restrict the access of individual members to Testmylife services.
Further, we reserve the right to, at our sole and free discretion, to investigate the account of any member who infringes these specifications and to take appropriate legal action, including, but not restricted to, filing criminal charges.
If a member contravenes legal regulations, the rights of third parties or the general terms and conditions, we reserve the right to block the offers or other content of this member without prior warning and to block, temporarily or permanently, this member's access to Testmylife services.
When a member is blocked, he/she may not register via a different member account and may not use Testmylife services via a different member account.
Members may cancel this contract of use at any time. Testmylife may cancel the contract at any time, with a period of 14 days to the end of the respective month. The right to block a member and to cancel their membership for good cause remains unaffected by this.
We are entitled, according to our own reasonable discretion, to exclude members from participating in activities on Testmylife.
We shall take according measures at our own reasonable discretion. The legitimate interests of members and all circumstances surrounding the infringement, in particular the degree of severity of the infringement, will be taken into consideration.
12. Limitation of liability and warranty
We endeavor to provide you with the best-possible service. However, we issue no assurances, express or implied, of any characteristics in relation to services or their components. In particular, we offer no guarantee of the suitability of our services for a specific purpose that extends beyond the general suitability expected of a comparable service.
If not otherwise expressly agreed, we offer no warranty. Only the general statutory warranty regulations are valid. You use Testmylife services at your own risk.
We assume liability only for damages arising from malicious or grossly negligent violations and for damages arising from slightly negligent violation of essential contractual obligations. In the case of slightly negligent violation of essential contractual obligations, damages are limited to typically foreseeable and immediate damage. This also applies to breaches of obligation arising from slight negligence on the part of a legal representative or vicarious agent of Testmylife.
We assume no responsibility for the services provided according to the contract concluded between the seller and buyer of an experience.
13. Exemption from liability
You exempt Testmylife from any claims, including damage claims, asserted by other users, members or third parties following a violation of their rights caused by content published by you or via your membership account on the Testmylife websites or in the Testmylife App. You also exempt Testmylife from any claims, including damage claims, asserted by other users, members or third parties following a violation of their rights caused by use of the services provided by the Testmylife websites or the Testmylife App by you or via your membership account. You shall meet all reasonable costs incurred by Testmylife for a third-party violation, including those of legal defense. All further rights and claims of Testmylife shall remain unaffected. You are entitled to provide evidence that the costs incurred by Testmylife were lower.
In the above cases, you are obliged to provide, immediately, correctly and in full, all information that is necessary for the claims to be examined and, if necessary, presented against a defense.
The above obligations do not apply if you are not responsible for the violation of rights in question.
If the rights of third parties are violated by your content or content published via your membership account, you shall provide us, at your own expense, with the right to use the contents affected or ensure that the content no longer violates third-party rights. If your use, or use via your account, of the service on the www.testmylife.com website or in the Testmylife App cause a violation of third-party rights, you shall, with immediate effect, terminate the use that is in breach of contract and/or in breach of the law.
14. The Testmylife website
In conjunction with usage of our website, users, members or third parties may not employ any mechanisms, software or scripts that could adversely affect the proper and correct function of the website.
Users, members or third parties may not perform any activities that lead to excessive strain being placed on the Testmylife website.
Users, members or third parties may not block, overwrite or alter any content on the Testmylife website that has been created by us.
Without the prior express permission of the rights holder, the content on the Testmylife website may not be copied or distributed nor may it be used or reproduced in any other way.
The terms of our Data Privacy Statement are applicable. Prior to the commencement of your membership, you must read the conditions of this statement carefully and then accept them. Failure to do so will preclude you from becoming a member of Testmylife.
These terms are subject to the law of the Federal Republic of Germany with the exclusion of the UN Sales Convention.
For traders as defined by the German Commercial Code (HGB), the exclusive place of jurisdiction for all disputes arising from this contract is our registered place of business.
The same applies when the member does not have a general place of jurisdiction or domicile in Germany or if the habitual place of residence is not known at the time at which the claim is submitted.