B2Match App Terms and Conditions

1. Provider and Scope

1.1 The provider of the LMS B2Match App and the associated web-based platform (together the ‘Platform’) is Landesmesse Stuttgart GmbH & Co. KG, Messepiazza 1, 70629 Stuttgart (‘LMS’).

1.2 These Terms of Use apply to the use of the Platform by registered users in connection with events, partnering formats, networking opportunities, conferences, matchmaking formats or other events organised by LMS or in collaboration with third parties (“Events”).

1.3 In addition, specific terms and conditions of participation, house rules, ticketing terms, data protection information or other event-specific regulations may apply to individual events. In the event of any conflict, the event-specific regulations shall take precedence over these Terms of Use, unless expressly stated otherwise therein.

1.4 Where the platform is also made available to consumers, these Terms of Use shall apply only to the extent that they do not conflict with any mandatory consumer protection regulations.

2. Description of Services

2.1 The platform is intended for registering for events and – where enabled by LMS for the event in question – in particular for creating user profiles, searching for other participants, arranging and managing meetings, registering for sessions, receiving event-related information, and using other digital networking functions.

2.2 The specific scope of functions may vary depending on the event. A right to the provision of specific functions exists only if LMS expressly offers them for the event in question.

2.3 LMS is entitled to use external service providers for the technical provision of the platform. This does not affect the contractual relationship between LMS and the user.

2.4 LMS does not guarantee any specific networking, contact or business success, nor does it guarantee a minimum availability of individual participant profiles or meetings.

3. Registration and User Account

3.1 Use of the platform generally requires prior registration and the creation of a user account.

3.2 The user is obliged to provide complete, accurate and up-to-date information upon registration and to update their details immediately in the event of any changes.

3.3 The user must keep their login details confidential and protect them from unauthorised access by third parties. The user must inform LMS immediately if there are any indications of unauthorised use of their account.

3.4 LMS is entitled to refuse registrations or to make them subject to verification if there are objective grounds for doing so, in particular to ensure the security, functionality or objectives of an event.

3.5 There is no entitlement to registration or account activation.

4. User obligations and prohibited content

4.1 The user may only use the platform in accordance with these Terms of Use, the applicable laws and the specific regulations governing the respective event.

4.2 The user is solely responsible for all content and information posted, transmitted or otherwise made available by them.

4.3 In particular, it is prohibited to post, disseminate or make available any content that

a) contravenes statutory provisions, official orders or the rights of third parties (in particular rights of personality, trade marks, copyright, competition law or data protection),

b) is inaccurate, misleading, offensive, discriminatory, immoral, unlawful or likely to impair the functionality of the platform or the running of the event,

c) contains malware or other technical components that may compromise the security or integrity of the platform, or

d) are of an advertising, mass-mailing or spam-like nature, insofar as this does not correspond to the intended purpose of the respective event.

4.4 The user is prohibited from circumventing the platform’s security measures, carrying out automated queries unless expressly authorised to do so, or using other users’ content for purposes other than those for which the platform is intended.

4.5 LMS is entitled to block or remove content that is unlawful or in breach of the contract, and to temporarily or permanently restrict or suspend user accounts in accordance with clause 10.

5. Rights of use in relation to user content

5.1 The user grants LMS non-exclusive, non-transferable rights of use to the content they upload to the platform, valid for the duration of the contractual relationship and to the extent necessary for the conduct of the respective event as well as for the operation and follow-up of the platform.

5.2 This includes, in particular, the right to technically reproduce and store the content, to make it accessible within the platform, to display it in connection with the relevant event and – to the extent necessary for the organisation of the event – to incorporate it into participant lists, timetables, event documents or digital event formats.

5.3 The user warrants that they are authorised to grant these rights and that their content does not infringe the rights of third parties.

5.4 Where the user uploads logos, trade marks, images or other content protected by trade mark or copyright law, LMS is entitled to use such content exclusively within the context of the relevant event and the platform’s presentation.

6. Visibility of profiles and data

6.1 Depending on the event, profile data and other user-related information may be made visible to other registered participants, co-organisers, speakers, sponsors or other authorised persons within the context of the event, insofar as this is provided for in the respective event concept.

6.2 Whether and to what extent certain details are visible to the public, only to registered participants or only to specific user groups is determined by the specific settings of the respective event and the information provided on this subject within the platform.

6.3 Where LMS or co-organisers produce participant lists, name badges, timetables or similar event-related documents, they may use the data provided by the user to the extent necessary for this purpose.

6.4 Any further processing of personal data is governed by the relevant data protection information provided by the LMS.

7. Data Protection and Communication

7.1 The processing of personal data is carried out in accordance with the LMS data protection policy applicable to the respective platform or event.

7.2 Event-related communications, in particular registration confirmations, organisational notices, meeting notifications, timetables, technical information and guidance on the running of the event, may be sent to the user by email, within the app or via other communication channels provided within the platform, insofar as this is necessary for the performance of the contract or the organisation of the event.

7.3 Promotional information regarding other events, offers or services provided by LMS will only be sent to the extent permitted by law. Where consent is required for this purpose, it will be obtained separately.

7.4 The user may use personal data of other participants received via the platform exclusively for the event and networking purposes intended by LMS. Any further promotional contact, disclosure or use for other purposes is prohibited, unless there is a separate legal basis for doing so.

8. Availability, Changes and Technical Faults

8.1 LMS endeavours to keep the platform available within the limits of its technical and operational capabilities. However, there is no entitlement to uninterrupted availability.

8.2 Maintenance work, further development, security measures, technical faults or circumstances beyond LMS’s control may lead to temporary restrictions or interruptions.

8.3 LMS is entitled to change, adapt or discontinue functions of the platform insofar as this is necessary for objective reasons, in particular for further development, IT security, compliance with legal requirements or the optimisation of event operations, and provided that this does not result in any unreasonable disadvantages for the user.

9. Fees and Payment Processing

9.1 Registration and use of the platform may be free of charge or subject to a fee, depending on the event. Whether fees apply and, if so, the amount thereof, is set out in the event-specific information.

9.2 Where chargeable services are offered for an event, payment processing may be carried out via external payment service providers. In this case, their contractual terms and data protection conditions shall apply in addition.

9.3 LMS shall not be liable for any disruption to the services provided by the payment service provider used, unless LMS is responsible for such disruption.

10. Term, deletion and suspension

10.1 The user relationship commences upon successful registration and continues for an indefinite period, unless use is restricted to the duration of a specific event.

10.2 The user may delete their user account at any time – subject to any conflicting statutory retention obligations or ongoing contractual arrangements – or request LMS to delete it.

10.3 LMS may temporarily suspend or permanently delete user accounts or individual pieces of content if

a) the user breaches these Terms of Use or statutory provisions,

b) there are concrete indications of misuse, unlawful use or use that poses a security risk,

c) this is necessary to safeguard the legitimate interests of LMS, the event or third parties, or

d) the event in question has ended and the continued provision of event-related content is no longer necessary.

10.4 Where possible and reasonable, LMS will inform the user prior to any permanent suspension or deletion and give them the opportunity to comment or remedy the situation, unless this is unreasonable due to imminent danger, legal obligations or overriding interests of third parties.

10.5 Details regarding retention periods for personal data are set out in LMS’s privacy policy.

11. Liability

11.1 LMS shall be liable without limitation in cases of wilful misconduct and gross negligence, in the event of injury to life, limb or health, in accordance with the provisions of the Product Liability Act, and to the extent of any guarantee expressly assumed by LMS.

11.2 In the event of a breach of a material contractual obligation due to slight negligence, LMS’s liability is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those obligations the fulfilment of which is essential for the proper performance of the user agreement and on the observance of which the user may regularly rely.

11.3 In all other respects, LMS’s liability for slight negligence is excluded.

11.4 The above limitations of liability also apply in favour of LMS’s legal representatives, employees and vicarious agents.

11.5 LMS accepts no liability for the accuracy, completeness or lawfulness of third-party content, in particular user information, participant profiles or externally linked content. Likewise, LMS accepts no liability for the establishment or success of contacts, meetings, business transactions or other interactions between participants.

12. Indemnification

The user shall indemnify LMS against all claims by third parties asserted against LMS on the basis of unlawful use of the platform for which the user is responsible, or on the basis of unlawful content posted by the user. The indemnity shall also cover the necessary costs of a reasonable legal defence. This shall not apply where the user is not responsible for the infringement.

13. Amendments to these Terms of Use

13.1 LMS is entitled to amend these Terms of Use with future effect, provided there is an objective reason for doing so, in particular in the event of changes to the legal situation, case law, technical conditions, the scope of the platform or operational processes.

13.2 LMS shall inform users of any material changes in good time and in an appropriate manner. Unless a change is strictly required for legal or technical reasons, LMS may make continued use of the platform conditional upon the user’s acceptance of the amended terms and conditions.

14. Final Provisions

14.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

14.2 If the user is a trader, a legal person governed by public law or a special fund under public law, the exclusive place of jurisdiction shall be Stuttgart. Mandatory statutory places of jurisdiction remain unaffected.

14.3 Should any individual provisions of these Terms of Use be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

14.4 The point of contact for enquiries regarding the platform is LMS, via the contact details provided in the relevant event or in the legal notice.