Terms of Use
General Terms and Conditions of Niloo GmbH
1. Scope
These General Terms and Conditions (“GTC”) govern the use of all digital platforms, mobile applications, websites and software solutions offered by Niloo GmbH (“Niloo”), as well as all services offered through them.
They apply to all natural and legal persons as well as partnerships that use the Platform as a Customer, passenger, taxi company, Driver, mobility service provider, business partner or other User.
Deviating general terms and conditions of a User shall not apply unless Niloo expressly agrees to their validity in writing.
Mandatory statutory provisions, in particular those in favour of consumers, remain unaffected.
2. Definitions
For the purposes of these GTC, the following terms apply:
Platform means all digital applications, apps, websites, interfaces (APIs), administration interfaces and technical systems operated by Niloo.
User means any natural or legal person who uses the Platform.
Customer means a User who requests or books Mobility Services.
Partner Companies are taxi companies or other mobility companies that offer or manage their services via Niloo.
Drivers are natural persons who carry out transport services on behalf of a Partner Company or within the framework of a permissible brokerage model.
Mobility Service includes, in particular, taxi, private hire, shuttle, patient transport, courier, special or comparable transport services.
Booking means any request or binding order for a Mobility Service submitted via the Platform.
3. Purpose of the Platform
Niloo operates a digital mobility platform.
The Platform serves in particular
- the digital communication between Customers and mobility providers,
- the brokerage and management of booking requests,
- the provision of technical infrastructure,
- the provision of technical functions for the dispatching and management of vehicles and Drivers by the respective Partner Companies,
- the digital management of orders,
- the communication between Drivers, companies and Customers,
- the provision of digital payment and administration functions, and
- the integration of external technical services.
In this context, Niloo in particular provides the technical infrastructure and the technical dispatching capabilities. The specific dispatching of vehicles and Drivers as well as the decision on the acceptance, assignment and performance of individual transport orders is the responsibility of the respective Partner Company.
The respective Partner Company remains solely responsible for the operational performance of the transport services it has accepted and for the deployment of its vehicles and Drivers.
Niloo continuously develops the Platform further.
The specific scope of services results from the functions available within the Platform at any given time.
A claim to the provision of specific functions exists only insofar as this has been expressly agreed or is required by law.
4. Role of Niloo
Niloo is a digital technology and mobility platform. In particular, the Platform provides technical infrastructure for the digital communication, acceptance, transmission and management of booking and transport requests between Customers and independent taxi companies as well as other mobility providers.
Depending on the respective business model, Niloo may in particular provide the following services:
- provision of technical infrastructure,
- digital brokerage and forwarding of booking requests,
- provision of digital administration and dispatching functions,
- communication between Customers, Partner Companies and Drivers,
- digital management of orders,
- provision of digital payment and administration functions,
- provision of interfaces to external systems, and
- other technical services.
Insofar as Niloo merely provides technical infrastructure or brokerage services, Niloo is not itself a carrier and is not a contracting party to the contract of carriage.
The contract of carriage is concluded exclusively between the Customer and the respective Partner Company or mobility provider. The respective Partner Company decides on its own responsibility on the acceptance and performance of the transport order and on the deployment of its vehicles and Drivers.
The forwarding, transmission or technical assignment of a transport order by Niloo to a specific Partner Company, vehicle or a specific Driver does not constitute an assumption by Niloo of responsibility for the performance of the transport service.
As a matter of principle, Niloo does not issue any instructions to independent Partner Companies regarding the specific performance of individual transport services, the selection of individual Drivers, the route or the operation of the vehicles used. Insofar as technical dispatching or assignment functions are offered, these serve exclusively to technically support communication, order management and brokerage. In particular, the technical assignment of an order to a specific Driver or vehicle does not constitute a selection decision of Niloo’s own in the sense of an assumption of entrepreneurial responsibility for the deployment of that Driver or vehicle.
The legal and entrepreneurial responsibility for the selection, authorisation and deployment of the Drivers as well as for the registration, licensing, insurance and proper condition of the vehicles used remains exclusively with the respective Partner Company. This also applies where the technical assignment or transmission of a transport order takes place via the Platform.
Insofar as Niloo, in an individual case, itself expressly acts as the provider of a service, the content of the contract is governed by the respective service description within the Platform.
The respective role of Niloo is displayed transparently to the User during the booking or registration process.
5. Conclusion of Contract
The presentation of services within the Platform does not constitute a binding offer.
A Booking or request by the User initially constitutes an offer to conclude a contract.
The contract is only concluded upon express confirmation within the Platform or upon acceptance by the respective Partner Company or – where Niloo itself is the provider – by Niloo.
Niloo is entitled to reject Bookings or registrations without giving reasons, provided that no mandatory statutory provisions preclude this.
Obvious typing, calculation, transmission or system errors do not give rise to any claim to the performance of a contract on erroneous terms.
6. Registration and User Account
Setting up a user account is required for certain functions.
The User undertakes
- to provide all information completely and truthfully,
- to keep their data up to date,
- to keep access data confidential,
- not to make their account available to third parties,
- to report any misuse without delay.
The User is liable for all activities carried out using their user account, insofar as they are responsible for them.
Niloo may require additional verification measures.
There is no claim to the setting up or permanent continuation of a user account.
7. Identity Check and Verification
Niloo may, in particular, require Partner Companies to provide evidence of the official permits and authorisations required for the Mobility Services offered.
Responsibility for the accuracy and currency of this evidence and for the actual compliance with all statutory requirements in the performance of individual transport services remains with the respective Partner Company.
Any registration, activation or other verification of a Partner Company carried out by Niloo does not constitute an official permit, nor a guarantee or confirmation that all statutory requirements for each individual transport or each individual Driver deployed are met at all times.
Unless Niloo has expressly assumed a more extensive verification service, Niloo is in particular not obliged to check the driving licence, passenger transport licence, personal suitability, professional competence or other personal requirements of a deployed Driver before each individual transport.
If required evidence is not provided or not provided in full, Niloo may reject the registration, restrict functions or block the user account.
There is no claim to activation.
8. Technical Requirements
Use of the Platform requires suitable end devices, a functioning internet connection and, where applicable, current software versions.
The User is responsible for providing these requirements at their own expense.
Niloo does not warrant that the Platform will function without restriction on all devices, operating systems or software versions.
Use may be affected by technical circumstances, regional restrictions or requirements of operating system or platform providers.
9. Communication
Communication between Niloo and the Users generally takes place electronically.
By registering, the User agrees to receive contract-related notifications via
- e-mail,
- push notifications,
- SMS,
- messages within the Platform or
- other electronic communication channels,
insofar as legally permissible.
The User is obliged to keep their contact details up to date.
Notifications are deemed to have been received as soon as they have been made available to the contact address last provided by the User or within the user account, insofar as legally permissible.
10. Misuse of the Platform
The Platform may only be used within the framework of the applicable laws and these GTC.
In particular, it is prohibited
- to make false Bookings,
- to manipulate Bookings,
- to use false identities,
- to circumvent technical protection measures,
- to use malware,
- to carry out automated retrievals without consent,
- to disrupt the Platform,
- to exploit security vulnerabilities,
- to disseminate content unlawfully or
- to use the Platform for purposes that impair the business operations of Niloo or of other Users.
In the event of violations, Niloo is entitled to temporarily or permanently restrict or block user accounts without prior notice and to take further legal action.
11. Prices, Fees and Remuneration
Depending on the scope of services, use of the Platform may be free of charge or subject to a fee.
Prices may be set by
- the respective taxi company,
- the respective mobility provider,
- or by Niloo, insofar as Niloo offers its own services or brokerage services.
The price displayed in the booking process in each case is decisive.
All prices stated include statutory VAT, unless expressly stated otherwise.
12. Platform Fees, Commissions and Subscriptions
Niloo is entitled to charge, in particular, the following fees for the use of the Platform:
- brokerage commissions,
- platform fees,
- service fees,
- transaction fees,
- payment fees,
- subscription fees,
- licence fees,
- additional fees for premium functions,
- fees for optional additional services.
Niloo may change existing fee models, introduce new fee models or discontinue individual fee models.
Price changes apply exclusively to the future.
Where required by law, affected Users will be informed at least four weeks before they take effect.
Existing and already confirmed Bookings remain unaffected by this.
Where continuing obligations exist (e.g. subscriptions), the User has the statutory right of termination.
13. Payment Processing
Payments may be processed directly via Niloo or via external payment service providers.
Niloo is entitled to use suitable payment service providers for this purpose.
Their terms of use and data protection provisions also apply.
The User is obliged
- to use only permissible means of payment,
- to ensure sufficient account funds,
- to refrain from unjustified chargebacks.
If Niloo incurs costs as a result of unjustified return debits or failed payments, these may be passed on to the responsible User to the extent permitted by law.
Niloo is entitled to set off outstanding claims against future payouts or credit balances, insofar as this is legally permissible.
14. Invoices
Invoices may be created electronically and made available via the user account or by e-mail.
The User agrees to the electronic transmission of invoices.
15. Cancellations
Cancellation terms may differ depending on the respective provider or brokerage model.
The terms applicable in each case are displayed to the User before the Booking is completed.
Cancellation fees may be charged for late cancellations or no-shows.
Brokerage, service or platform fees already incurred may be retained in whole or in part, insofar as this is legally permissible and was communicated to the User before the conclusion of the contract.
16. Obligations of Customers
The Customer undertakes in particular
- to provide correct booking data,
- to appear punctually at the agreed pick-up location,
- not to endanger or insult Drivers,
- to comply with statutory provisions,
- to treat vehicles with care,
- not to carry any dangerous or prohibited items,
- not to obstruct the proper course of the transport.
The Customer is liable in accordance with the statutory provisions for damage caused by them.
17. Obligations of Drivers and Partner Companies
Partner Companies bear sole responsibility for ensuring that the transport services offered and performed by them via the Platform comply with all statutory requirements.
Partner Companies undertake in particular
- to hold all permits and authorisations required for their activity and to maintain them for the entire duration of their use of the Platform,
- to use only properly registered and insured vehicles,
- to deploy only Drivers who hold the driving licences, passenger transport licences, certificates of professional competence and other personal requirements required by law in each case,
- to ensure that deployed Drivers are authorised to perform the respective transport service,
- to comply with all statutory provisions applicable to the operation and to passenger transport,
- to inform Niloo without delay of the lapse, restriction or withdrawal of a required permit or authorisation,
- to keep all information on companies, vehicles, Drivers, prices and services offered truthful and up to date,
- to fulfil all statutory insurance, tax, employment law, social security law, passenger transport law and trade law obligations on their own responsibility,
- to respect the statutory rights of passengers, and
- to use the Platform exclusively for legally permissible transport services.
The above obligations apply irrespective of whether the transport order is received by the Partner Company via the Niloo Platform, by telephone, in person, via another digital application or by any other means.
Partner Companies remain independent entrepreneurs and bear sole responsibility for the selection, authorisation and deployment of their Drivers as well as for the vehicles used and the proper performance of their transport services.
The technical assignment and transmission of a transport order to a specific Driver or a specific vehicle that is possible via the Platform takes place exclusively within the framework of the technical functions of the Platform. Such technical assignment, forwarding or management of a transport order does not constitute an assumption by Niloo of legal or entrepreneurial responsibility for the respective Driver, the vehicle or the performance of the transport service.
Unless a more extensive verification service has been expressly agreed and no mandatory statutory obligation precludes this, Niloo is not obliged, before the technical assignment or transmission of an individual transport order, to check the driving licence, passenger transport licence, professional competence or other personal requirements of a Driver or the registration, licensing or insurance status of an individual vehicle. Responsibility for compliance with these requirements remains exclusively with the respective Partner Company.
By the technical transmission, forwarding, assignment or management of a transport order, Niloo assumes no responsibility for the fulfilment of the aforementioned statutory requirements by the Partner Company or its Drivers.
18. Own Responsibility of Partner Companies
Partner Companies act as legally and economically independent companies and at their own entrepreneurial risk.
In particular, they are themselves responsible for:
- required permits and authorisations,
- driving licences and passenger transport licences of their Drivers,
- required certificates of professional competence,
- the selection and deployment of their Drivers,
- registration and proper condition of their vehicles,
- required insurance,
- taxes and levies,
- social security contributions,
- employment law obligations,
- trade law obligations,
- passenger transport law obligations, and
- the proper performance of the respective transport service.
By providing the Platform, Niloo assumes no responsibility for compliance with these obligations by the Partner Company.
In particular, the use of the Platform by a Partner Company and its activation on the Platform do not constitute a confirmation or guarantee by Niloo that all statutory requirements of the Partner Company or its Drivers are permanently met.
19. Ratings
Users may submit ratings of Drivers, Partner Companies or services offered.
Ratings must be objective, truthful and free of insulting, discriminatory, misleading or unlawful content.
Niloo is entitled to review, hide or remove ratings in whole or in part if there are justified indications of a violation of these GTC or of statutory provisions.
There is no claim to the publication or permanent storage of a rating.
20. User Content
Insofar as Users post content on the Platform (e.g. texts, images, logos, documents or other files), they warrant that they hold all rights required for this.
The User grants Niloo a simple, non-exclusive, worldwide, royalty-free right of use, required for the duration of use, insofar as this is necessary for the provision and operation of the Platform.
The User remains the owner of their content.
Niloo is not obliged to store posted content permanently.
21. Intellectual Property
All rights to the Platform, in particular to
- software,
- source code,
- databases,
- designs,
- logos,
- trademarks,
- graphics,
- user interfaces,
- texts,
- functions,
- algorithms,
belong exclusively to Niloo or the respective rights holders.
Without the prior written consent of Niloo, content of the Platform may in particular not be
- copied,
- reproduced,
- published,
- sold,
- modified,
- rented out,
- licensed,
- reverse engineered,
- decompiled or
- used for competing offerings,
unless this is mandatorily permitted by law.
22. Data Protection and Confidentiality
All Users undertake to use personal data of other Users exclusively within the framework of the respective statutory provisions.
In particular, contact details, telephone numbers or other personal information may not be stored, passed on or used for advertising purposes without an appropriate legal basis.
Partner Companies and Drivers undertake to comply with all data protection requirements, in particular those of the General Data Protection Regulation (GDPR).
23. No Guarantee of Brokerage Success
Unless expressly agreed otherwise, Niloo does not owe any particular economic success.
In particular, there is no claim to
- a certain number of trips,
- a certain number of Bookings,
- certain turnover,
- a certain level of capacity utilisation,
- certain revenues,
- a certain ranking within the Platform.
With regard to economic expectations, use of the Platform is at the respective User’s own entrepreneurial risk.
24. Availability of the Platform
Niloo endeavours to provide the Platform with the highest possible availability.
However, there is no claim to use of the Platform or of individual functions that is available at all times, uninterrupted, free of disruptions, free of errors or permanently available.
The Platform is operated in accordance with the respective state of the art. Despite the greatest possible care, technical errors, programming errors, security incidents, outages or restrictions cannot be completely ruled out.
Availability may be temporarily restricted, in particular, by maintenance work, security measures, technical developments or other operational requirements.
25. Maintenance Work and Updates
Niloo is entitled to carry out maintenance, update, security or optimisation measures at any time.
As a result, the Platform may be temporarily unavailable in whole or in part.
Where possible, plannable maintenance work will be announced in advance. However, there is no claim to prior announcement.
The User has no claim to maintenance work being carried out outside certain times.
26. Technical Disruptions
Technical disruptions may arise in particular from
- software errors,
- programming errors,
- server outages,
- database errors,
- hardware defects,
- network disruptions,
- overloads,
- faulty updates,
- security incidents,
- cyber attacks,
- telecommunications disruptions,
- power outages,
- outages of external data centres,
- errors of third-party providers,
- or other technical causes.
The User acknowledges that such events cannot be completely avoided despite careful development and maintenance.
Insofar as legally permissible, such technical disruptions alone do not give rise to any claim for damages, compensation for loss of use or compensation for lost profits, provided that Niloo has not caused the disruption intentionally or through gross negligence and no mandatory statutory provisions preclude this.
27. Errors, Bugs and Functional Impairments
Software may contain programming errors, display errors, calculation errors or other functional impairments.
The User acknowledges that errors may occur even after tests and quality assurance measures.
Niloo does not warrant that
- all functions are available at all times,
- all calculations are free of errors at all times,
- all information is complete or up to date at all times,
- every software version works without errors.
Niloo is entitled to remedy identified errors at any time by means of updates, patches or other measures.
There is no claim to immediate error correction, unless otherwise required by law.
28. Third-Party Providers and External Services
The Platform may use or integrate services or technical services of third parties.
These include in particular
- map services,
- navigation services,
- payment service providers,
- SMS service providers,
- e-mail service providers,
- cloud providers,
- hosting providers,
- telecommunications providers,
- authentication services,
- analytics and statistics services,
- push notification services,
- interfaces to third-party systems.
Niloo has influence on the permanent availability, security or functionality of these services only insofar as they are controlled by Niloo itself.
Outages, delays or errors of such third-party providers may therefore lead to restrictions of the Platform.
Insofar as legally permissible, Niloo is not liable for disruptions that are based exclusively on services or outages of such independent third-party providers.
29. Interfaces (APIs)
The Platform may provide or use interfaces (APIs) to external systems.
Niloo does not warrant that external systems will remain permanently compatible or be available at all times.
Changes to or shutdowns of external APIs may lead to restrictions of individual functions.
There is no claim to the retention of certain interfaces or integrations.
30. Data Backup
Niloo takes appropriate technical and organisational measures to protect the Platform and the stored data.
However, the User remains obliged to make their own backup copies of any data whose loss would be of considerable significance to them.
Insofar as legally permissible, Niloo is not liable for data loss insofar as this could have been avoided by reasonable data backup on the part of the User.
31. IT Security
Niloo develops the Platform further in accordance with the respective state of the art and uses appropriate security measures.
Complete protection against
- hacker attacks,
- malware,
- phishing,
- unauthorised access,
- security vulnerabilities,
- cybercrime
cannot, however, be guaranteed despite appropriate security measures.
The User undertakes to protect their access data carefully and to maintain suitable security measures on their end devices.
32. Force Majeure
Niloo is not liable for disruptions of performance, delays or outages caused by events of force majeure.
These include in particular
- natural disasters,
- floods,
- earthquakes,
- fire,
- pandemics,
- epidemics,
- war,
- terrorist attacks,
- civil unrest,
- strikes,
- lawful lockouts,
- official measures,
- statutory prohibitions,
- power outages,
- widespread internet outages,
- outages of data centres,
- outages of telecommunications networks,
- as well as other unforeseeable events beyond Niloo’s sphere of influence.
For the duration of such events, the performance obligations affected by them are suspended.
33. Further Development of the Platform
Niloo is entitled to develop the Platform further technically, functionally or organisationally at any time.
This includes in particular
- new functions,
- new business models,
- changes to existing functions,
- removal of individual functions,
- changes to the user interface,
- changes to technical processes,
- introduction of new security measures,
- introduction of new technologies,
- integration of further Partner Companies or services.
Niloo is entitled to permanently discontinue functions, provided that the legitimate interests of the Users are appropriately taken into account and no mandatory statutory or contractual obligations preclude this.
There is no claim to the permanent provision of individual functions, integrations, designs or technical processes.
34. Beta Functions and Test Versions
Niloo may provide new functions as beta, test or pre-release versions.
These functions may be incomplete, contain errors or be changed or discontinued at any time.
Use of such functions is at the User’s own risk.
Subject to mandatory statutory provisions, Niloo gives no warranty for beta functions as to any particular availability, freedom from errors or mode of operation.
35. No Claim to Certain Technical Characteristics
The User has no claim that the Platform
- permanently uses the same user interface,
- supports certain end devices,
- supports certain operating system versions,
- supports certain browsers,
- remains compatible with all third-party applications,
- achieves the same speed or performance at all times.
Technical changes generally do not constitute a defect of the Platform, provided that the essential contractual services continue to be provided.
36. Liability of Niloo
Insofar as Niloo acts as a technical platform or broker, Niloo is not liable for the performance of the brokered Mobility Service.
In particular, Niloo is not responsible for checking or continuously monitoring whether a Partner Company meets, for each individual transport, the permits, insurance, vehicle requirements or personal requirements of the deployed Drivers required in each case, unless Niloo is obliged to do so on the basis of mandatory statutory provisions or an expressly assumed contractual verification service.
Responsibility for the selection, authorisation and deployment of the Drivers as well as for the proper performance of the transport remains with the respective Partner Company.
In particular, Niloo is not liable for
- the conduct of Drivers or passengers,
- the performance or non-performance of a trip,
- delays,
- the condition or equipment of the vehicle,
- cleanliness,
- choice of route,
- waiting times,
- the pricing of the respective service provider,
- luggage,
- lost or damaged items,
- violations of statutory provisions by Partner Companies,
- the existence and maintenance of required permits and authorisations,
- insurance,
- tax obligations, and
- employment law obligations of the Partner Companies.
These responsibilities lie with the respective service provider or Partner Company, insofar as legally permissible.
The registration, activation or technical connection of a Partner Company by Niloo does not constitute an official permit, nor a guarantee that the Partner Company or its Drivers meet all statutory requirements for the performance of a transport service at all times.
37. Scope of Liability
Insofar as Niloo provides its own services, Niloo is liable exclusively in accordance with these GTC and the mandatory statutory provisions.
Niloo is liable without limitation
- in the event of intent,
- in the event of gross negligence,
- for damage resulting from injury to life, body or health,
- under mandatory provisions of the Product Liability Act,
- as well as in all cases in which a limitation of liability is excluded by law.
In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the damage typical for the contract and foreseeable.
Otherwise, liability for damage caused by slight negligence is excluded, insofar as legally permissible.
38. Liability for Technical Disruptions
Niloo does not warrant that the Platform will function at all times without interruption or errors.
Insofar as legally permissible, the following circumstances in particular do not give rise to any claims for damages against Niloo, provided that Niloo has not caused them intentionally or through gross negligence:
- server outages,
- software errors,
- programming errors,
- bugs,
- faulty updates,
- database errors,
- network disruptions,
- internet outages,
- outages of external service providers,
- maintenance work,
- security measures,
- cyber attacks,
- outages of cloud or hosting providers,
- delays in messages or push notifications,
- technical restrictions of individual end devices.
A claim to compensation for lost profits, loss of use or other indirect financial losses exists in this respect only insofar as this is mandatorily required by law.
39. Liability for Third-Party Content
Niloo is not obliged to check all content provided by Users or Partner Companies before its publication.
For
- ratings,
- descriptions,
- images,
- documents,
- price information,
- company information,
- Driver information
the respective User is solely responsible.
Niloo is liable for this only from the time it becomes aware of a clear infringement of rights and within the framework of the statutory provisions.
40. Indemnification
The User undertakes to indemnify Niloo against all claims of third parties which, on the basis of
- an unlawful use of the Platform,
- a violation of these GTC,
- a violation of statutory provisions,
- an infringement of the rights of third parties,
- incorrect information,
- or culpably caused damage,
are asserted against Niloo.
Insofar as legally permissible, the indemnification also includes the reasonable costs of legal defence.
This does not apply insofar as the User is not responsible for the breach of duty.
41. Misuse and Fraud Prevention
Niloo is entitled to use all suitable technical and organisational measures to prevent misuse, manipulation and attempted fraud.
These include in particular
- automated verification procedures,
- plausibility checks,
- identity checks,
- security queries,
- risk assessments,
- temporary blocks,
- restrictions of individual functions.
There is no claim to the use of certain functions during a security check.
42. Blocking and Restriction of User Accounts
Niloo may block or restrict user accounts in whole or in part, temporarily or permanently, in particular if
- these GTC are violated,
- false information has been provided,
- statutory provisions are violated,
- there is a suspicion of fraud,
- security risks exist,
- payment arrears exist,
- official orders are in place,
- legitimate interests of other Users or of Niloo are endangered.
Where possible and reasonable, the affected User will be informed in advance.
There is no claim to the restoration of a blocked account.
43. Termination
Unless a minimum term has been agreed, Users may delete their account or stop using the Platform at any time.
Niloo may terminate the contractual relationship by ordinary notice in compliance with the statutory requirements.
The right to extraordinary termination for good cause remains unaffected.
Good cause exists in particular in the event of
- material violations of these GTC,
- criminal acts,
- attempted fraud,
- repeated payment arrears,
- misuse of the Platform,
- significant endangerment of other Users,
- statutory or official obligations to block.
44. Consequences of Termination
Upon termination of the contract, the right to use the Platform generally ends.
Niloo is entitled
- to deactivate user accounts,
- to block access,
- to delete stored content after the expiry of statutory retention periods,
- to settle outstanding claims,
- to withhold pending payouts, insofar as there is a statutory or contractual basis for this.
Statutory retention obligations remain unaffected.
45. Set-off and Rights of Retention
The User may only set off claims of Niloo against undisputed claims or claims that have been finally established by a court.
The User is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
46. Assignment
The User may only transfer rights or claims arising from the contractual relationship to third parties with the prior written consent of Niloo, unless otherwise required by law.
Niloo is entitled to transfer rights and obligations under this contractual relationship to an affiliated company or a legal successor in the context of a restructuring, merger, sale of the company or of a part of the company, or any other legal succession, insofar as this does not unreasonably impair the legitimate interests of the User.
47. Data Protection
Personal data is processed exclusively in accordance with the currently valid privacy policy of Niloo GmbH and the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
The privacy policy is available in its current version via the Platform and becomes part of the use of the Platform, insofar as this is legally permissible.
Insofar as the User’s consent is required for individual functions, it may be given electronically via the Platform and revoked at any time with effect for the future.
48. Electronic Communication
Communication between Niloo and the Users generally takes place electronically.
This includes in particular
- e-mail,
- push notifications,
- SMS,
- notifications within the Platform,
- electronic documents,
- electronic invoices.
The User undertakes to always keep their stored contact details up to date.
Insofar as legally permissible, notifications are deemed to have been received as soon as they have been sent to the contact address last provided by the User or made available within the user account.
49. Amendments to these General Terms and Conditions
Niloo is entitled to amend or supplement these General Terms and Conditions with effect for the future if there is an objective reason for doing so.
An objective reason exists in particular in the event of
- changes in the legal situation,
- new supreme court case law,
- official requirements,
- technical developments,
- security requirements,
- changes to the business model,
- introduction of new services,
- introduction of new functions,
- changes in market conditions,
- changes to third-party providers or technical systems used.
Where required by law, amendments will be notified to the affected Users in text form or within the Platform at least four weeks before they take effect.
Where required by law, the User has a statutory right of termination.
50. Limitation Period
Claims of the User against Niloo become time-barred in accordance with the statutory provisions.
Insofar as legally permissible, contractually agreed or legally permissible shortenings of the limitation period remain unaffected.
The mandatory statutory provisions on limitation, in particular in the event of intent, gross negligence and damage resulting from injury to life, body or health, remain unaffected.
51. Legal Succession
Niloo is entitled to transfer rights and obligations under this contractual relationship in whole or in part to an affiliated company or a legal successor, provided that this does not unreasonably impair the legitimate interests of the Users.
52. No Waiver
If Niloo fails to assert individual rights under these GTC or under statutory provisions, this does not constitute a waiver of the future exercise of these rights.
53. Partial Invalidity (Severability Clause)
Should individual provisions of these General Terms and Conditions be or become invalid, unenforceable or void in whole or in part, the validity of the remaining provisions shall remain unaffected.
The invalid or unenforceable provision shall be replaced by the statutory provisions.
This also applies to any gaps in the provisions.
54. Choice of Law
The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as this is not precluded by mandatory statutory provisions, in particular for the protection of consumers.
Consumers whose habitual residence is in another member state of the European Union retain the rights granted to them under the mandatory provisions of their state of residence.
55. Place of Jurisdiction
If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is – insofar as legally permissible – Bad Homburg vor der Höhe.
Mandatory statutory places of jurisdiction, in particular in favour of consumers, remain unaffected.
56. Final Provisions
These General Terms and Conditions constitute the entire agreement between Niloo and the respective User regarding the use of the Platform. There are no side agreements.
Insofar as individual provisions of these GTC are not applicable due to mandatory statutory provisions, the remaining provisions remain unaffected.
Provider
Niloo GmbH
Alemannenweg 23
61381 Friedrichsdorf
Germany
Last updated: July 2026