The online platform www.yoummday.com is operated by the

Dr Klaus Harisch, Pablo Harisch, Frank Moser and Claas van Delden

§ 2 - Scope of these General Terms and Conditions

(1) The use of the portal www.yoummday.com including all services of yoummday is exclusively subject to the following General Terms and Conditions. Any other General Terms and Conditions that deviate from these General Terms and Conditions shall not apply, unless expressly stated otherwise by yoummday.

(2) yoummday is entitled to develop or change these Terms and Conditions at any time and without justification for the future. yoummday will notify all registered users of the amended Terms of Service by email at least 15 days in advance, unless yoummday is under a special legal obligation or needs to address unforeseen and imminent cybersecurity risks. In the event that a user does not object to the new terms of use within two weeks of receipt of the notice, the new terms of use shall be deemed agreed. In the event of an objection, the previous terms of use shall continue to be deemed agreed. In this case, yoummday is entitled to terminate the contract with a notice period of two weeks without further justification. In case of termination, access to the account of the registered user will be blocked. 

(1) yoummday provides the technical platform for operating a marketplace on which registered providers of services (hereinafter referred to as "talents") and clients (hereinafter referred to as "customers") are given the opportunity to conclude contracts for various services, in particular from the area of communication services via telecommunications equipment. In this respect, the talents can present and advertise their service offers on the web platform www.yoummday.com after prior registration. The conclusion of the contract is then effected by yoummday's acceptance of the declarations of the talents and the customers.

(2) yoummday does not become a contractual partner of the services offered, but merely acts as a technical interface between talent and customer. The respective talent is exclusively responsible for the content, description and implementation of the service offers.

(3) yoummday provides the communication interface for the performance of the Talent's service and handles the billing on behalf and in the name of the Talent. For this service, yoummday receives a commission from the customer.

(4) yoummday accepts bookings on behalf and in the name of the talent and ensures the proper processing of the service. yoummday also takes over possible reversals of contracts and the entire complaint management.

§ 4 - Registration/Conclusion of Contract

(1) In order to offer services, your registration on the portal www.yoummday.com is necessary. 

The registration process begins when you register on the portal www.yoummday.com by clicking on the registration button and providing your name, e-mail address and a password. When registering, it is mandatory that you agree to these General Terms and Conditions for Talents and yoummday's Privacy Policy. Likewise, in order to verify compliance with the General Data Protection Regulation (DSGVO), you must expressly give your consent to the recording of your telephone conversations conducted via the yoummday platform and to the order-related recording of your webcam. You hereby submit an offer to conclude a contract for the use of the portal www.yoummday.com under the terms and conditions of these General Terms and Conditions.

As part of the registration process, yoummday's onboarding team will check whether you meet yoummday's requirements. In this respect, the conclusion of a data protection contract between you and yoummday is necessary first. Subsequently, the onboarding team of yoummday checks your technical equipment, your communication skills, your organisational requirements as well as the assurance of compliance with data protection regulations.

Your participation in the registration process is voluntary and you can cancel it at any time. However, when registering, you are obliged to provide the requested data correctly, in particular complete address data and e-mail address.

You are liable for the accuracy of the information provided during registration and for its completeness. If yoummday discovers or suspects that the information provided is incorrect or incomplete, yoummday is entitled to delete the account in question without prior notice and without setting a grace period and to terminate any existing contracts without notice.

The registration is completed as soon as the verification by yoummday's onboarding team has been successfully carried out. You will then receive a corresponding confirmation from yoummday by e-mail. 

You have no right to register. yoummday is entitled to refuse the offer of registration without giving reasons. Legal recourse is excluded in this respect, unless a rejection decision by yoummday violates mandatory applicable law.

(2) Upon receipt of the confirmation e-mail, a contract of use for the use of the portal www.yoummday.com is concluded for an indefinite period of time under the conditions of these General Terms and Conditions. The contract begins with the activation of your account. 

You are then entitled to use the portal www.yoummday.com to advertise and perform your services with the clients. However, you are obliged to use the portal exclusively for yourself to offer your services. Passing on registration data for the use of the portal by third parties is prohibited. 

Using your name or e-mail address and the password you have chosen yourself, you can log in to the portal at any time via the "My Profile" button. In the "My Account" section, you will then have access to your personal or other data that you provide to yoummday or that is generated in the course of using these services.

If the data you have provided changes, you are obliged to make the change in the portal without delay. You warrant that all details provided by you, in particular address, payment details and email address, are always up-to-date and correct.

(3) Both parties are entitled to terminate the user contract at any time with a notice period of 30 days. All mutual rights and obligations shall continue to exist until termination. Payment obligations already entered into shall continue to exist after termination. Any contracts entered into for the provision of services with end customers shall continue to exist.

A right to termination without notice on the part of yoummday exists in particular in the cases of the entry of incomplete or incorrect data for registration and/or in the case of default of payment and/or in the case of other breaches of duty on the part of the Talent within the framework of the use of the portal.

You have the right to terminate the User Agreement without notice if yoummday restricts, suspends or terminates its services. yoummday will give you at least 15 days' notice and provide detailed reasons for such action.

Notice of termination may be given by e-mail, fax and in writing.

(4) You are liable for all services carried out via your registration account in accordance with these and the General Terms and Conditions for Customers. If you use employees, you are fully liable for their activities.

(5) By registering, you authorise yoummday to pass on your data to the selected customer. yoummday is also entitled to send you newsletters and advertising information, provided that you have expressly consented to this during registration.

(1) If you post offers of services on the portal www.yoummday.com, this is in principle only an invitation to the customers of yoummday to submit offers.

As soon as the customer has gone through the entire booking process and triggered the booking with costs, you grant yoummday the authority to confirm the contract on your behalf and in your name. The contract between you and the customer is concluded as soon as yoummday has sent the contract confirmation to the customer by e-mail.

yoummday is not liable for the correctness of the information provided by you as the provider. You are solely liable for this. yoummday carries out a plausibility check as part of the hosting of the service offer, but liability for this only exists in the case of gross negligence and intent.

(2) You have the option of using your own General Terms and Conditions within the framework of the conclusion of the contract. In this case, you are obliged to ensure that your general terms and conditions comply with consumer law and are not anti-competitive.

In the event of a breach of this obligation and in the event that a claim is made against yoummday by a third party for the breach, you will indemnify yoummday against all third party claims.

(1) yoummday will accept a revocation on your behalf and in your name and take over the entire revocation management. As a supplier, you undertake to fully support yoummday in all necessary measures.

(2) Insofar as service fee repayment claims exist against the customer, you are obliged to repay these to yoummday. yoummday will refund these to the customer.

(3) In the event that additional expenses are incurred due to the breach of your duty to cooperate, yoummday is entitled to charge you for the corresponding additional costs according to the usual hourly rates.

(1) As a talent, you are entitled to set the offer prices for your service yourself. In individual cases, the price agreed between you and the client always applies.

In this respect, you can agree on a price with the customer that depends on the time you actually spend on the phone on behalf of the customer. In this respect, each minute that has elapsed is decisive.

You can also agree other or additional special payment models with the customer. These include, for example:

Success models (in particular special payments for successful contract conclusions of the talent for the benefit of the client),

Event-based models (per ticket/call handling, per scheduled hour),

Target fulfilment models (e.g. depending on the acceptance rate),

Deviation models (e.g. bonus/malus payments depending on previously agreed targets) or

Supplements for work on Sundays and public holidays as well as night work.

(2) yoummday generally receives a fee of 29% plus statutory VAT on all net fees (excluding VAT) that the customer grants you for your services for providing its technical infrastructure and for brokering the conclusion of the contract. This fee is to be paid by the client directly to yoummday in addition to your fee, this means that 100% of your fee will be paid to you. 

(3) yoummday will invoice the customer for the services provided by you on your behalf and in your name. In this respect, yoummday invoices the customer on your behalf and in your name and accepts the customer's payment in trust for you.  

General terms and conditions for talents registered before 09.09.2022, on the portal www.yoummday.com valid as of 01.10.2022 and General terms and conditions for talents, registered as of 09.09.2022, on the portal www.yoummday.com valid as of 09.09.2022