The following General Terms and Conditions (“GTC”) apply to the platform use of the website www.ekipa.de (“platform”) and the associated services (“services”), which in particular include participation in innovation projects (“projects”). Projects means both innovation projects in which individual companies and economic or political organizations (individually “client”; collectively “clients”) publish a real issue from their organizations on the platform (“challenge”) and the implementation of several challenges as part of a large innovation project. The GTC are aimed at all persons who wish to use the services (individually “innovator”; collectively “innovators”).
In principle, both innovators alone and several innovators together (“teams”) can participate in projects (individual innovator as well as the team each a “participant”).
The process of each project is basically divided into two phases. In the first phase, the participants are given the opportunity to submit initial solutions (“idea”) within a predetermined period of time (“qualification phase”). The best participants will then be given access to a second phase (“elaboration phase”). In the elaboration phase, these participants will be given the opportunity to develop their idea into a feasible solution (“solution”) and must submit the solutions by a certain deadline.
“Challenge” has the meaning given in the preamble.
“Challenge briefing” means the description and terms of participation of the joint project previously defined with the client and available online to the innovator from the start of the project.
“Client” and “clients” has the meaning given in the preamble.
“ekipa” means ekipa GmbH, with its registered office in Frankfurt am Main, registered under HRB 113272 at Frankfurt am Main Local Court and with its business address at Kaiserstraße 56, 60329 Frankfurt am Main.
“Elaboration phase” has the meaning given to it in the preamble
“GTC” means these general terms and conditions.
“Idea” has the meaning given in the preamble.
“Innovator” and “innovators” shall have the meaning given in the preamble.
“Participant” has the meaning given in the preamble.
“Platform” has the meaning given in the preamble.
“Project” has the meaning given to it in the preamble.
“Protectable content” means all content potentially protectable under special intellectual property laws (in particular copyright, trademark, design, patent, utility model and registered design laws).
“Services” has the meaning given in the preamble.
“Solution” has the meaning given to it in the preamble.
“Submission” means the final digital upload of an idea or solution via the platform by the deadline of each phase of the project.
“Team” has the meaning given in the preamble.
“Qualification phase” has the meaning given to it in the preamble.
“Winners” are the participants who are awarded prizes at the end of the elaboration phase based on the quality of their solutions.
2.1. The agreement on the use of the platform between ekipa and the innovator is concluded by registering on the platform and accepting the GTC.
2.2. The provision of the platform and the services is free of charge for innovators.
2.3. Registration does not give rise to any entitlement to participate in projects.
2.4. Participation is excluded for employees of ekipa and its affiliated companies and for employees of c.
3.1. Use of the services requires registration.
3.2. Subject to the following provisions, anyone can register on the platform and participate in projects. A valid e-mail address is required for registration.
3.3. The innovator undertakes to provide truthful information when registering.
3.4. Each innovator may only register once and may only have a single account. If ekipa discovers that an innovator has several accounts, ekipa will delete all but one account after notifying the innovator concerned. ekipa also reserves the right to permanently delete the innovator concerned.
3.5. There is no entitlement to registration. ekipa reserves the right to reject individual persons without giving reasons.
3.6. In order for an innovator to register with ekipa, they must be at least 18 years old.
4.1. ekipa aims to solve economic and social problems with the help of innovators and in project-based teams. To this end, ekipa provides various tools, features and opportunities for interaction. These include the following core functions in particular:
a. Profiles of innovators: innovators have the opportunity to create and maintain their own profile.
b. Team assembly process: innovators can assemble Teams based on a specific project. They have the option of creating their own Teams or joining existing Teams based on their own profile. Existing Teams must confirm an innovators request to join. All participants have access to an internal platform notification feed, which can be used to submit and process requests.
c. Workspace for each participant: The workspace includes a communication channel/chat, a Team profile with notification feed, a collaboration channel with the possibility to develop and share ideas and solutions, as well as an upload area that allows files and documents to be uploaded and submitted as ideas or solutions.
d. An essential part of the services is also to inform innovators when projects are carried out that match the respective interests and skills of the innovator based on the information available to ekipa. Part of the services is therefore also to evaluate all information of the innovators available to ekipa. The innovators hereby agree to be informed to a reasonable extent via the e-mail address provided in their profile. This can be objected to in writing at any time.
4.2. Optionally, further data can be entered, for example a profile picture or information about one’s own skills and knowledge. Selected data (name, picture, skills, ratings) will be made available to other innovators and the respective clients of a projects in the course of the Team composition and the work in the Team.
4.3. ekipa endeavors to ensure high availability of the services so that the functions are available to all innovators at all times as far as possible. A certain minimum availability is not owed and/or guaranteed. Temporary interruptions to operation due to normal maintenance work, system-related faults at providers or network operators and for other technical reasons or in the event of force majeure are possible. The innovators therefore have no claim to uninterrupted, complete or fault-free accessibility or usability of the services at all times.
4.4. ekipa supplements and expands the range of services on an ongoing basis. All new services are also subject to these GTC.
General
5.1. The core of platform is the implementation of innovation projects. These are usually carried out in the form of a competition. The individual challenges are based on a specific problem set by a client. The aim of a challenge is usually to develop ideas and/or solutions for the client.
5.2. Since challenges are carried out on the basis of a client’s problem, the underlying issues can be very different. Therefore, the projects can also be very different. For this reason, each project has its own description and further conditions of participation in a challenge briefing. This contains further information on the project process with specific information relating in particular to the timetable, the type of project, the size of potential teams, required characteristics of the participants, submission format, evaluation criteria, number of participants reaching the elaboration phase, decision-making bodies, transfer of any rights of use or the amount and distribution of prizes. Insofar as the challenge briefing deviates from the provisions of these GTC, it shall take precedence.
Procedure
5.3. projects usually consist of two successive phases. First there is a qualification phase (possibly with team composition) and then an elaboration phase. However, the specific sequence of a project can vary, so there may also be projects in which only one of the aforementioned phases is completed or additional phases are integrated. The time periods of the phases and the specific sequence can always be found in the challenge briefing.
5.4. Qualification phase: Depending on the type of project, any participant can take part in the qualification phase. The aim of this phase is to develop initial ideas on the basis of the challenge briefing. Based on the submission of the content, which must take place within a certain deadline, the best participants qualify for the elaboration phase.
5.5. Elaboration phase: In the elaboration phase, each qualified participant will have the opportunity to further develop their idea into a more concrete solution and submit it by a certain deadline. After submission, the best solutions and participants will be chosen as winners.
5.6. The teams will only be changed in exceptional cases after they have been put together and will generally remain in place until the project is completed. Exceptions can be found in the challenge briefings or the conditions of participation.
5.7. ekipa reserves the right to terminate a project at any time and without prior notice, for example if the client wishes to discontinue the project or because ekipa ceases its business operations. In this case, the potentially created, granted or transferred protectable content submitted to date shall revert to the respective innovators of the team.
Winning a project
5.9. In principle, all ideas or solutions submitted are submitted free of charge. There is no legal claim for compensation against ekipa or the respective client. If a participant is one of the winners of a project, they will receive a certain bonus from ekipa or the client. This may include both cash rewards and other rewards. The rewards are always announced at the beginning of a project and communicated in the challenge briefing. If a team participates, the rewards will generally be distributed equally among the team members.
5.10. The decision on the qualified participants and winners is generally made at the discretion and in accordance with the respective client. ekipa may assume an advisory function in this regard. Other decision-making aids such as voting on the platform or external jury members are also possible. The decision-making process will be specified in the respective challenge briefing.
The transfer of any intellectual property rights to ideas and solutions varies depending on the project. In principle, rights are only transferred or granted on a long-term basis if the innovators are among the winners of a project. The specific form of handling any protectable content is defined in the respective challenge briefing.
7.1. The platform is also used for interaction between innovators, ekipa and the client. However, participants undertake not to upload the following content to the platform:
a. Content that violates applicable law;
b. defamatory, abusive, insulting, obscene, derogatory, pornographic, racist, inciting hatred, glorifying violence, threatening, harassing, otherwise offensive or illegal content;
c. Content that infringes copyrights or trademark rights or other intellectual property rights of third parties;
d. Advertising or other commercial content; and
e. Content that violates the right to privacy and the right to informational self-determination.
7.2. Innovators should behave politely in their dealings with each other and also with ekipa and the client.
7.3. ekipa reserves the right to impose the following sanctions:
a. Deletion of posts and other content;
b. one-time warning of innovators before further sanctions;
c. Exclusion of innovators from certain projects;
d. temporary blocking of innovators; and
e. in serious cases, the permanent deletion of innovators and the respective accounts.
8.1. The innovator undertakes to indemnify ekipa upon first request against all claims asserted by third parties against ekipa because the innovator has culpably violated one of the obligations contained in these GTC.
8.2. In particular, the innovator acknowledges that he does not enter into an employment relationship with ekipa and that no claims under labor law arise against ekipa. Furthermore, the innovator waives any claims against ekipa under labor law that may have arisen.
8.3. The innovator undertakes to bear the reasonable costs of ekipa’s legal defense against the claims of third parties described in section 8.1.
9.1. To the extent permitted by law, any liability on the part of ekipa is excluded. In particular, ekipa assumes no responsibility for the infringement of the rights of third parties or the legality of the content uploaded by the innovators.
9.2. ekipa shall not be liable for the non-availability of the system or disruption of the system or individual functions, for the publication or deletion of data or for the actual identity of an innovator.
9.3. Claims of innovators against ekipa shall become time-barred within 18 months from the date on which they arise or from the start of the statutory limitation period.
10.1. The current privacy policy of ekipa, available at: www.ekipa.de/datenschutz, is authoritative.
10.2. The innovators are not entitled to disclose personal data without authorization, in particular not for commercial purposes.
10.3. ekipa reserves the right to delete personal data of the innovators.
All trademarks and image rights as well as the entire content of the platform and services are protected by copyright or trademark law. Any reproduction or distribution requires the prior written consent of ekipa.
12.1. The agreement ends automatically when the account is deleted by the innovators. This is possible at any time.
12.2. The agreement shall also end upon termination by ekipa in the event of a serious breach of these GTC or the conditions of participation of a specific project.
12.3. The agreement shall also end with the decommissioning of the platform. ekipa shall notify the innovators of this. All other legal relationships between ekipa and the innovators shall remain unaffected.
12.4. The innovators have no claim to continuation of the platform or restoration of the account.
The new GTC shall be deemed to have been agreed if the Innovator does not object to their validity within six (6) weeks of receipt of the information. By continuing the account, the Innovator agrees to the change. The objection can be submitted by email. In the event of an objection to the amended GTC, ekipa reserves the right to terminate the contract with immediate effect.
14.1. The German text of the contract shall apply. The English-language text of the contract serves only to simplify reading, but is not intended to have any legal significance.
14.2. These GTC are subject exclusively to German law.
14.3. The place of jurisdiction is Frankfurt am Main.
14.4. Should provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid, unenforceable or missing provisions, such a provision shall be deemed to have been agreed as the parties would have agreed in accordance with the economic purpose pursued by them with this agreement if they had considered the relevant point.
14.5. For any queries or feedback, ekipa can be contacted via the following email address: hello@ekipa.de.
