mixxt GmbH (hereinafter referred to as "mixxt") provides services exclusively for companies/ associations/ corporations and provides software products for online communities/ social intranets/ member portals ("networks") with the name tixxt. The following General Terms and Conditions of Business and Use ("GTC") are accepted by the contracting party by concluding a contract or by using tixxt. Access to these networks is possible via tixxt.com, corresponding sub-pages or with the Mobile App. The validity of deviating terms and conditions of the contracting party shall be excluded, even if mixxt does not expressly object to them. These GTC shall be supplemented by product and licence regulations or service-specific regulations, data protection and usage provisions as well as price lists, which can be viewed and accessed on the website https://www.tixxt.com.
A customer is someone who has ordered tixxt services for which a charge is made. Any company or other legal entity may become a customer. Such person(s) shall be represented by an authorised representative or by an authorised agent. mixxt shall not be obliged to verify the authorisation and/or representation if it appears conclusive.
A user is defined by a unique e-mail address, on the basis of which a tixxt user account is created within tixxt. A user does not have to be a customer.
tixxt is exclusively intended for companies/ associations/ corporations and their representatives, employees, members and other associated persons.
Contract with the customer A contract with a customer is concluded with an order/assignment that includes these GTC. This shall apply, in particular, if the customer books one of the packages according to the price list via the link in a network. The content of the contract between mixxt and the customer shall be governed by the content of the registration, confirmation or order forms (online and/or paper form), by these GTC, by the service descriptions and price lists current at the time of conclusion of the contract and, if applicable, by special conditions, insofar as these were referred to in the order process. This applies in particular to further terms of use and data protection.
Contract with the user Natural persons have the option of registering on the website or at the URL (internet address) of a network. The contract with the natural person making him/her a user is concluded either when he/she sends his/her access information as part of the registration or network creation process or when he/she confirms his/her e-mail address, whichever is later. The content of the contract with the user is governed by these GTC, by the service descriptions and price lists current at the time of conclusion of the contract and, if applicable, by special conditions, insofar as these were referred to in the order process. This applies in particular to further terms of use and data protection.
Potential users may have the opportunity to create their own network with reduced services free of charge on the internet presence of mixxt. To do so, an e-mail address must first be provided and verified. Via a link in the confirmation e-mail, users then enter the creation process to set up the network and an account.
A chargeable upgrade for further services can be booked in the created network or via direct contact with mixxt.
The creator of a network automatically assumes the role of administrator (admin) and is thus the first point of contact for other users of this network. He is obliged to actively and proactively ensure that the content, statements and behaviour of the users of the network comply with the rules of these GTC.
An admin has special functions at his disposal to achieve the above. In particular, they can delete user accounts, edit content, invite new users and determine which functions are available to users (e.g. create groups, invite new members). An admin is obliged to use these functions only in the sense and spirit of these GTC. In particular, he/she shall take care not to infringe the rights of others beyond what is necessary to comply with these regulations (e.g. passing on user lists to third parties without authorisation; editing posts in such a way that a user could be insulted or harmed in reputation etc.).
Depending on the tixxt service package, an Admin may appoint further Admins. He has to make sure that they know their duties and tasks and are suitable to fulfil them.
In the event of breaches of these GTC, in particular breaches of Admin duties and user duties, mixxt reserves the right to revoke an Admin's role. mixxt shall, in the event of knowledge of any misconduct, consider whether a warning and the opportunity to remedy the situation is sufficient.
Natural persons have the option of registering on the website or under the URL of a network, which makes that person a user.
The prerequisite for registration and maintenance of the user relationship is, in particular, a valid and long-term active e-mail address of the user. Furthermore, correct and complete information must be provided. In the event of changes, the data must be updated.
Upon registration, the user selects a password in compliance with minimum requirements. The user is obliged to keep his password secret and not to grant any third party access to tixxt via his user access.
mixxt is free to reject or delete a registration without giving reasons. In particular, mixxt has taken technical measures to make it more difficult for privately acting users to register.
Upon conclusion of the contract, the user shall receive a spatially and temporally unlimited, revocable, non-exclusive, non-transferable right of use to tixxt. mixxt shall be entitled to change the type and scope of the provision of use at any time.
Cancellation The user or customer can cancel his registration or order within two weeks without giving reasons. The easiest way to revoke is via e-mail to Hallo@tixxt.com. The revocation can be made in text form (e.g. by fax or e-mail). The revocation period shall commence upon receipt of these instructions in text form, but not before conclusion of the contract. Furthermore, the period shall not commence before mixxt has fulfilled its obligations pursuant to § 312c para. 2 BGB in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV and § 312e para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. The timely dispatch of the revocation is sufficient to meet the deadline.
Consequences of revocation In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the user is unable to return the received performance in whole or in part or only in a deteriorated condition, he may have to compensate mixxt for the loss in value. This may result in the user nevertheless having to fulfil the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. For the user, the period shall commence upon dispatch of the notice of revocation, for mixxt upon receipt thereof.
Expiry of the right of withdrawal The right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at the express request of the user or customer before the user or customer has exercised his right of withdrawal.
tixxt is a communication platform that allows legal entities to set up and independently manage their own network for their needs and to offer the user a membership for this. mixxt only provides the software for the networks, while the content exclusively comes from the users who are members of the respective network.
Within the scope of the user relationship, mixxt regularly sends information on updates and changes. In addition, mixxt sends tips and assistance where necessary.
The services of mixxt are limited to the respective functions available upon registration for tixxt in accordance with the service information and the product- or service-specific regulations and price lists available upon booking.
tixxt and all technical facilities are partly or possibly based on the performance, availability and quality of signals, connections, interfaces, services and/or products of third parties, in particular hardware, software as well as mobile phone availability, internet and/or mobile phone specification, servers and company applications of third parties. mixxt does not guarantee accuracy, availability, performance, faultlessness and/or security of tixxt functions.
The user/customer requires specific end devices or systems, such as browsers, internet-capable devices, etc. to operate tixxt. mixxt does not guarantee the availability and performance of these devices and systems.
mixxt provides services within the scope of the capacities of the tixxt system and the technical facilities. Temporary disturbances, restrictions or interruptions of the services may occur.
The licence for the use of tixxt granted by mixxt to the users/customers shall not entitle the users/customers to act themselves as providers of services from the areas of Enterprise Social Network, Social Intranet, Intranet 2.0, Enterprise 2.0, Social Enterprise and Social Media in internal corporate communication vis-à-vis third parties using tixxt or related services. Exceptions to this may be determined within the framework of a partner agreement with mixxt.
During the operation of tixxt, further, individual additional costs may arise, e.g. for mobile data services, electricity or other costs, which are defined e.g. by the contractual relationship of the user/customer and third parties.
Every user is obliged to observe the law applicable in the Federal Republic of Germany. Among other things, it is prohibited to post and/or link to content that glorifies violence, is harmful to minors, racist or pornographic. Every user shall be aware of the fact that mixxt does not exclude the use of tixxt by minors with regard to his behaviour and contents. Content deemed offensive by mixxt and content on the edge of legality shall also not be permitted.
With regard to the contents and materials used by him, each user shall ensure that they are free from third party rights and do not infringe any third party rights. He shall indemnify mixxt against claims of third parties raised against mixxt due to the contents and materials posted by him or due to the user behaviour, including the reasonable costs of legal defence caused thereby.
User activities aimed at rendering tixxt non-functional or at least making its use more difficult are prohibited and may be prosecuted under civil and criminal law. In particular, measures which may influence the physical or logical structure of the services or their technical availability are prohibited. Automated procedures for tapping data, such as data crawling and data scraping, are also prohibited.
tixxt may not be used for illegal purposes. The services and the software contained therein may only be used for the switched network and may not be copied. In particular, it is prohibited to register third parties with tixxt or to collect their data without their knowledge and consent.
The user has no claim to access to a specific network. The responsible admin alone decides on access to a network. There is also no claim that a network will continue to be operated or be accessible without interruption.
The content of the various networks on tixxt originates solely from the respective users. They are managed, maintained and answered for by the admin of the respective network. Contents containing opinions or evaluations only reflect the opinion of the respective user and not that of mixxt.
If a user wants to complain about certain content of a network, he is first requested to contact the respective admin of the network with his concern. The admin can be contacted via his profile. In urgent cases, the user can contact mixxt at the e-mail address hallo@tixxt.com.
The respective Admin alone shall decide on the publication of a user content in a specific network. There is no entitlement to publication, even if the user is a member of this network. mixxt also reserves the right to delete user content at any time and without prior notice due to a violation of the specifications in section 6.
Both the user and mixxt shall be entitled to terminate the usage relationship at any time. For mixxt, a notice period of two weeks shall apply.
mixxt shall further be entitled to terminate the user relationship with immediate effect, if the user repeatedly infringes the GTC, in particular user obligations, or otherwise violates these GTC and does not remedy such infringement even after a reminder with a deadline, or repeats the infringement, or in the case of particularly serious infringements. As a softer measure than termination, mixxt reserves the right to exclude the user from one or more networks in the aforementioned cases.
In the event of termination of the usage relationship, the user's master data and profile shall be deleted, unless there is a legal obligation for further storage. In the event of termination or restriction of the user relationship, the user shall have no claim against mixxt for the deletion of the contents or materials originating from the user. However, the user may address his request to the Admin.
mixxt shall invoice the customer for the charges for tixxt in accordance with the respective negotiated conditions and prices as per the offer and contract. The fees for tixxt shall be calculated based on the selected service package.
If the selected service package includes limits, the customer shall ensure that these limits are not exceeded. This shall apply irrespective of whether the customer or users of his network have caused the limit to be exceeded. mixxt shall take technical precautions to ensure that limits cannot be exceeded without the customer's consent. This does not release the customer from his obligation to duly comply with the limits. The exceeding of limits shall be subject to a charge.
mixxt shall be entitled to reject or delete booking transactions without stating reasons. This shall apply in particular if there are serious reasons. This shall apply, for example, if the customer has provided incorrect information or if there is suspicion that the customer intends to misuse the services. This shall also apply if the customer's creditworthiness, which mixxt reserves the right to check, is not given.
mixxt shall also be entitled to refuse the registration of a tixxt network or the activation of users or to delete or deactivate users registered by means of critical e-mail domains.
The customer's obligation to pay all charges incurred remains unaffected by this.
Invoicing shall take place in accordance with the respective negotiated conditions and prices as per the offer and contract in invoice. The customer shall receive the invoice in electronic form. The customer shall ensure that the customer data deposited with mixxt are always up-to-date and correct. Delays due to the impossibility of sending the invoice(s) as a result of incorrect or out-of-date customer data shall be borne by the customer and shall not affect original deadlines and validity.
The invoice amounts shall be payable upon receipt of the invoice in accordance with the deadlines stated on the invoice. The invoice shall be deemed to have been received if it has been sent to the customer electronically to the contact details provided by the customer to mixxt.
mixxt may pass on an increase in the statutory VAT rate to the customer so that the gross fees increase. An increase of the statutory VAT rate and the resulting increase of the gross fees shall not entitle the customer to a special termination.
If the customer defaults on a payment in part or in full, mixxt shall charge a reminder fee of 2.50 Euro for each reminder.
Default shall occur if payment has not been made in due time in accordance with clause 9.8.
Refund claims of the customer, e.g. due to overpayments or double payments, shall be credited to the customer's invoice account or offset against open claims of mixxt.
The customer is also obliged to compensate for all charges for services that have arisen due to the authorised or unauthorised use of the services by third parties, if and to the extent that the customer is responsible for the use.
The customer shall carefully check mixxt's invoices. The customer shall raise objections to invoices in writing no later than one calendar month after the invoice date, without this affecting the due date, however. Failure to raise objections in due time shall be deemed as approval.
Access to tixxt is granted from the first registration.
The terms or contract and billing periods result from the individual offer and order that the customer signs.
Unless otherwise agreed, the following applies: The term for the customer's tixxt network including all registered users is automatically extended by the originally agreed term of service if the contract is not terminated at least three months before the expiry of the current term of service. The new service period has the same service period as the previous service period.
Either party may terminate the contract with the notice periods specified in 10.3. Notice of termination must be given in writing or text, e.g. by e-mail.
The right to terminate without notice for good cause remains unaffected for both parties.
For mixxt, good cause shall be deemed to exist, inter alia, if
the customer stops his payments without justification.
the customer is in arrears with more than one monthly contract instalment.
an application for the initiation of insolvency proceedings is filed against the customer's assets.
the customer makes use of the services of mixxt with fraudulent intent and/or violates criminal law provisions, other legal provisions or morality when using the services offered by mixxt.
If the contract is terminated by mixxt without notice for reasons for which the customer is responsible or which are attributable to the customer's scope of application, mixxt shall be entitled to claim damages calculated on the amount of the expected fees until the next possible regular termination of the contractual relationship.
The customer shall have the right to prove that mixxt has suffered a lesser loss.
The privacy policy for tixxt.com networks can be found here: https://www.tixxt.com/genesis/legal/privacy/
mixxt shall be liable without limitation for intentional or grossly negligent conduct.
mixxt shall only be liable for ordinary negligence if essential contractual obligations are breached. Material contractual obligations shall be understood to be those obligations which the contract, according to its meaning and purpose, has to grant to the user or the fulfilment of which enables the proper performance of the contract in the first place and on the compliance with which the user may regularly rely.
In the event of slight negligence, mixxt's liability shall be limited to the foreseeable damage typical for the contract. Liability for indirect damage and loss of profit shall be excluded in the event of ordinary negligence, except in the case of unlimited liability pursuant to section 12.2.
The limitations or exclusions of liability according to the above clauses 12.2-12.4 shall not apply to any statutory strict liability of mixxt or liability arising from a contractually assumed strict warranty as well as in case of injury to life, limb or health.
Insofar as mixxt's liability is excluded or limited, this shall also apply to the personal liability of its legal representatives and vicarious agents. Furthermore, the limitations of liability shall apply to all types of claims, including those based on tort law.
In the case of free networks, mixxt shall be entitled to take special measures with regard to individual networks to the extent it deems such measures necessary and appropriate. These include:
The complete deletion of the network;
The deactivation of the network.
The user may not derive any claims against mixxt from these measures.
If mixxt has the right to terminate without notice pursuant to 10.5, 13.1 shall also apply to Customer Networks.
mixxt reserves the right to change the contents and structure of tixxt.com at any time. This also includes the design or discontinuation of certain offers and services subject to a fee. In the case of new offers and services subject to a charge, the customer shall only be obliged to bear the costs if the customer has made a corresponding declaration to mixxt.
mixxt shall be entitled to amend or supplement the GTC if changes in the legal, official or technical framework conditions have led to a more than insignificant disruption of the relationship between performance and consideration or to a contractual gap or if a supplement is necessary due to the introduction of new functions and the amendment is reasonable taking into account the interests of the customers and users. mixxt shall announce amendments to the GTC by e-mail to the deposited e-mail address no later than three weeks prior to the planned entry into force, stating the content of the respective amended provisions. If the amendment of the GTC is not accepted, the contractual relationship shall be continued under the previously agreed terms and conditions. mixxt reserves the right to terminate the contractual relationship at the next possible point in time. Changes and/or amendments to the GTC shall also become part of the contract if tixxt continues to be used after the announcement and entry into force of the change, e.g. if users log in to their account again, or if customers and users otherwise agree to the change.
These mixxt terms of use are the general terms of use for tixxt.com networks. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods are excluded. The exclusive place of jurisdiction is Bonn, insofar as the user is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch) or does not have a fixed place of residence in Germany at the time the action is brought.
Should individual provisions of these Terms of Use be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
These mixxt Terms of Use as well as the further data of the usage relationship shall be stored by mixxt after conclusion of the contract. The mixxt Terms of Use are available in German and English. They are available in their current form at the URL (https://www.tixxt.com/genesis/legal/terms), old versions are no longer accessible.
Status: 05/2023