Terms of use

General Terms and Conditions (GTC's) for the use of the Dorfkrug App operated by Metanoia GmbH
General Terms of Use "Dorfkrug App":

Welcome to Dorfkrug App, created and managed by Metanoia GmbH the innovative portal for everyone who wants to get help or help others with difficulties in everyday life.

For this purpose, Metanoia GmbH provides the suitable platform through the Dorfkrug App, which the user can use for these purposes. The prerequisite for this is the express agreement with the following GTC's of the "Dorfkrug App" of Metanoia GmbH, which regulate the relationship between this portal operator on the one hand and other users on the other hand and form the basis without exception.

We, Metanoia GmbH initiate / design groups in which group members support each other through monetary donations.

We provide the platform "Dorfkrug" as an APP for this purpose, which organizes the groups and handles the cases (such as "dog needs to go to the vet").

All payment flows are handled by our payment service provider "FinAPI" (you can find the terms and conditions and agree to them if a payment is to be executed).

FinAPI handles transfers between users of the Dorfkrug app. For this purpose, FinAPI uses collective transfers generated by the Dorfkrug app. The user who wants to donate (donor) selects all cases he wants to support. In the Dorfkrug App the contained user data incl. the bank details are bundled to a collective transfer. The Dorfkrug App transfers the data to FinAPI. The payment service provider FinAPI generates a collective transfer from the data, which depicts the support amounts that the donor has selected in the Dorfkrug App. FinAPI transfers the data into the donor's account's online banking program. This process facilitates the transfer process as the account details, amounts, beneficiary and purpose are automatically set in the online banking program. The user is then required to verify and confirm the transfers via the standardized security methods. All account holder security standards are maintained.

FinAPI holds all necessary licenses / permits and is a BaFin licensed payment initiation service.

We operate a purely charity-based crowdfunding model. Each donation is assigned to a concrete case. The group members donate to this concrete case and when the target amount is reached, the Dorfkrug App closes the case and no further payments are possible on this case.

Alternatively, after a certain period of time (e.g. 14 days), the case will be closed even if the target amount is not reached and the "case adjuster" keeps the amount donated until then on his account.

No repayment of a donation made is required and is excluded altogether.

A)
By the approved use of the Dorfkrug App provided by Metanoia GmbH, a contract of use between Metanoia GmbH and the user of the App is concluded under inclusion of these GTCs. The agreement on the part of the user requires that the user clicks on the button at the end of the GTCs and thereby declares his unrestricted agreement with them. Only with the submission of this declaration a contract of use between Metanoia GmbH and the user is concluded and the latter receives the authorization to use the Dorfkrug app.
The service of Metanoia GmbH consists of the provision of a sample page for possible use for the purpose of concluding a gift contract between the users of the app.
The Dorfkrug app has the function of a platform on which users can ask for and provide support. If a contract is concluded due to the use of the sample page, Metanoia GmbH does not act as an intermediary, contractual partner or similar.

B)
The payments between the users are made exclusively directly among themselves.
For the provision and the function of the platform Dorfkrug APP arise in addition to the operating costs mainly transaction fees of the payment service providers and banks. To cover these costs, a transaction fee of a flat rate of 0.60€ (incl. VAT) is generated on the donations as a separate transfer (as an additional part of the above-mentioned collective transfer) and paid to Metanoia GmbH.

In addition to the option of individual transfers, a collective transfer is offered in order to avoid disproportionately high transaction fees, especially for amounts of a few euros. Only one transaction fee is due for each individual or collective transfer.

After receipt of the payments forwarded to him by the other users, the user himself shall be responsible for any necessary payment of taxes and duties of any kind to the person entitled thereto (financial/tax authorities, social insurance carriers, insurance companies, etc.).
Bei den möglichen Spendenbeträgen vom 1 € bis 200 € zwischen den Nutzern ist nach derzeitiger Rechtslage in Deutschland (Stand Feb. 2023) nicht davon auszugehen, dass Steuer- oder Abgabeproblematiken entstehen.

C)
The conclusion and fulfillment of a gift contract concluded with the help of the Dorfkrug app takes place only between the parties (users of the Dorfkrug app) to such a contract. Metanoia GmbH provides the Dorfkrug App and does not assume any liability for the compliance with the obligations to perform or pay resulting from a contract concluded with the help of the Dorfkrug App, regardless of its nature.

The parties to such a contract shall therefore also be responsible for compliance with all statutory provisions or legal requirements with regard to the content of the contract and the resulting performance and payment obligations.

D)
The contracts concluded with the help of the Dorfkrug App and thus all rights and obligations resulting from such contracts for the parties are subject to German law. For the classification of such a contract under the German legal system, it does not depend on the chosen contract designation, but only on the actual content of the contract.

E)
In order to use the services of Metanoia GmbH by means of this app, everyone who wants to make use of this app as a user is obliged to first register on this app and create a user account.

Natural persons who wish to register must be of legal age.

The opening of multiple user accounts for one natural or legal person is not permitted.
With effective registration, the user of this app recognizes these GTC's and the GTC's of Metanoia GmbH as binding in their entirety for their relationship with Metanoia GmbH and the services provided by the latter with the help of this app.

Likewise, upon effective registration of this app, the user acknowledges the privacy policy.

The user confirms that the data provided by him upon registration are correct and complete. Once registered, the user undertakes to regularly check and, if necessary, immediately correct the data on his user account.

Grünwald 2023
Stand: Juli 2023