General Terms and Conditions
The BitBurst GmbH
Lerchenweg 3, 40789 Monheim am Rhein, Germany.
These General Terms and Conditions (“T&Cs”) govern the user relationship between you as a user (“User”) of our mobile app and web application and the operator of the App, BitBurst GmbH (“BitBurst”).
1. Contractual Partner
1.1 These GTC apply to all legal transactions between BitBurst, hereinafter “BitBurst” or “we”, and its contractual partner, hereinafter “user” or “you”, that are concluded via The app.
1.2 These GTC apply regardless of whether you act as a consumer, entrepreneur or merchant. If there are any legal particularities with regard to consumers, we will point this out to you in these GTC.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB, definition according to German law). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity (§ 14 BGB, definition according to German law).
2. How The app works
2.1 As a user, you can participate in various, selected market research surveys and other alternative tasks that we post ourselves on The app or have posted through our partners.
2.2 Our App or the technical back-end of our App (“Network”) is connected to various market research companies, marketplaces and businesses (collectively, “Marketplaces”). These marketplaces regularly create surveys for their customers (companies). For these surveys, the Marketplaces seek participants to take the surveys. To help the marketplaces find participants, we built our app with a service. We match the marketplaces looking for participants with the users, which is you.
2.3 You as a user of the app deposit personal data in your user account when you create a user account as well as when you use a user account. This personal data is also called “qualifications” in our app. This is because we need to filter whether you are eligible for each new survey for which participants are sought. Either we can find this out on the basis of the qualifications already deposited by you, or we ask you again to complete some additional qualifications that you can deposit in your user account.
2.4 If you are eligible for a survey based on a match between the qualifications requested by the marketplaces and the qualifications you have submitted, you will have the opportunity to participate. If you choose to participate, we will share the matching qualifications with the marketplace. The survey itself will take place either in our app itself or else on the marketplace website or the website of the market research firm or a company. A link in our app will connect you directly to the survey. You have no right to participate in a survey. The participants are finally selected by us or the marketplace.
2.5 With each successful and completed participation in a survey, you will receive credits (“Cash”). You can collect these credits and exchange them for a cash payout or for the allocation of credits from our partners (both together “reward”) when you reach the corresponding values. You can check the amount of your credits in your user account at any time. You can also view our current partner portfolio at any time in our app.
3. Registration and creation of a user account
3.1 To use our app, you must register as a user free of charge. Only natural persons with unlimited legal capacity can register as users.
3.2 To register, you must log in to us with one of your accounts via one of our social media partners (including facebook, instagram, Google, Apple, Twitter). By registering, you make a binding offer to us to conclude a usage agreement. The user contract is concluded by the confirmation of the registration and the activation of your user account by us.
3.3 Each user may only register once. In the event of multiple accounts being used or systematic use, BitBurst reserves the right to block the accounts.
3.4 We have the right to exclude you from using our services and to delete your user account if we have reasonable grounds to believe that you are (have been) in breach of the material obligations under these Terms and Conditions. We will inform you about this exclusion and give you the opportunity to comment. In any case, we will take your legitimate interests into account and allow you to exchange your credits for vouchers as long as the credit balance is above the minimum amounts for withdrawals. The right to extraordinary termination remains unaffected.
4. Account balance and payment terms
4.1 Your account balance is indicated in “Cash”. This indication is a virtual currency and does not imply any claim to the amount in money or any other state or virtual currency. A sufficient amount of “Cash” may result in a payment in money or the right to exchange it for vouchers. At no time does the possession of “Cash” imply a right to conversion until appropriate thresholds for a suitable payout method are reached.
4.2 After earning the necessary amount of “Cash” for the offered payouts or exchanges into vouchers (“Reward”), the User is able to request one of the listed Rewards. The following aspects are binding for all users of The app.
- Understand the meaning of “Cash”. “Cash” are simply an indicator of progress until the next opportunity to receive a reward. Based on the “Cash” displayed, there is no entitlement to a reward until the payout thresholds are reached. The thresholds to be reached to claim a reward vary by reward method. The individual current minimum amounts for rewards can be seen in the app by selecting the respective reward method. There is no way to convert remaining “Cash” or an amount of “Cash” into rewards or payouts into money. This is especially due to the fact that Cash is also awarded without any consideration for motivation.
- After a reward has been requested, we will check the request for legality. In case of suspicion of fraud or violation of these GTC, we reserve the right to delay or prevent the payment of the reward. We are not obliged to prove the user’s guilt in order to be able to initiate sanctioning consequences. In addition, a comparison of a reward request with the fraud reports regularly sent by our survey partners (including marketplaces) takes place. If the partner rejects the survey results of individual users and thus also rejects payment to us for these due to poor quality or other reasons, we will deduct from the corresponding users the “cash” unjustly earned as a result in the amount shown in the fraud reports. If a payment of the reward has already been made before the deduction could be made on the basis of the fraud suspicion report, we may charge the user account with a negative “Cash” balance.
- We will attempt to process the reward within the first 2 business days of the request. In case of an audit due to suspicious patterns, the payout may be delayed up to 30 days. In case of suspected fraud, we reserve the right to delay the reward payout indefinitely. For users whose user behavior turns out to be legal and innocent in the course of the investigation, there will be no claim for compensation due to the delay incurred.
- Not every payout method is available in every country. We try to make this as clear as possible. If a user has chosen a reward method that is not available, we are not obliged to carry it out. We can refer to alternative reward methods, but we are not obliged to offer alternatives requested by the user.
- After receiving a reward, the user account may not be deleted directly. For data protection reasons, we must delete your email address from our servers once you have deleted your data or the app itself. If you delete your account or data after you have requested a reward, but before the reward has arrived, the payout can no longer be allocated and will therefore be forfeited.
- To check whether the conditions for a payout (see §4 b) are met. BitBurst carries out various fraud detection measures. For this purpose, BitBurst uses anti-fraud software from the company “Research Defender LLC, 400 Poydras Street Suite 900 New Orleans, LA 70130,US”. In addition, further verification steps such as a telephone number verification via the service provider “Twilio Inc., 375 BealeStreet, Suite 300, San Francisco, CA 94105” are necessary in order to use selected fraud-susceptible withdrawal methods. Should one of these partners define a user as fraudulent or not verifiable, the user will forfeit the right to a payout.
5. Rules of use
5.1 The use of The app is bound to the following rules:
- The use of “bot-controlled” software, elements, apps, etc. in any form is prohibited. Only the use by a natural person via a smartphone or tablet is allowed.
- Each User may only use The app on one terminal device. Systematic use on multiple devices is prohibited.
- The use of The app is only allowed in the user’s home country. The use of services such as fake GPS, VPN or similar are prohibited while using The app.
- The in-app currency “Cash” (credits) can only be earned through the ways provided in the app. These ways are watching videos, completing “Offers” from the “Offerwalls” or full participation including completion of surveys. Any attempt to fake an unearned amount of “Cash” by modifying settings or the network connection is prohibited. Failure to comply with the rules and restrictions will result in strict sanctioning which may be embodied in deletion of the user’s account, resetting of the “Cash” number earned through prohibited means and withholding of the rewards requested by the prohibited use.
- The use of The app is allowed from the age of 16 years or older. The age of the user will be requested before using the app and must be answered correctly. A false statement will lead to the blocking and deletion of the user account.
5.2 Users are prohibited from spreading offensive, aggressive, violence glorifying or other legally prohibited expressions, sentences or messages in the form of comments, images or other media in the context of The app. This includes primarily, but not exclusively, comments on the Google Play Store and social media such as Instagram, but also any other means of communication. In addition, it is prohibited to place the friend code (invite-code) of the Refer a Friend Program in the comments (reviews) of the Google Play Store. The friend code is only suitable for sharing with friends or placing in your own content on social media.
6. Availability & Changes to The app
6.1 For technical reasons, we cannot guarantee a permanent and complete availability of the servers on which our services are operated. From time to time, the availability of our App or individual Services may therefore be limited – in particular due to the necessary performance of maintenance or repair work. We will generally carry out this maintenance or repair work outside normal business hours.
6.2 BitBurst reserves the right to make changes to The app and the associated services and systems. The User must accept any associated restrictions or changes and, in the event of any disadvantage, must not be compensated or justified. Changes include, but are not limited to, changes in fees for granting rewards, the payouts in cash themselves, or the rewards in “cash” granted for successfully completed polls. Furthermore, possible changes include feature expansion or reduction, as well as feature discontinuation. We may also discontinue The app entirely or transfer it to a third party at any time. Any accrued “cash” that entitles the user to a reward will in this case be granted at the user’s request through one of the possible reward channels.
7. Limitation of liability
7.1 Our liability arising from this user contract, regardless of the legal grounds, for your damages that do not result from injury to life, body or health, is limited in amount to the damages typically foreseeable at the time of the conclusion of the contract, insofar as the damage was caused by us or by a legal representative or a vicarious agent neither intentionally nor through gross negligence.
7.2 This limitation of liability shall not apply if the damage is due to a culpable breach of material contractual obligations by us or by a legal representative or a vicarious agent. An essential contractual obligation is an obligation the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely.
7.3 In the event of a technical error, “BitBurst GmbH” apologizes for the error or “bug” experienced by the user. BitBurst accepts no responsibility for possible errors in earning “Cash”, the full or partial loss of Cash already earned, or other consequences based on technical errors. In particular, BitBurst cannot and will not accept any responsibility for technical errors caused by third-party partners. This includes the technical implementation of the surveys or the integrated support software.
7.4 The original language of The app is German. In addition, the App is available in English in countries outside Germany. Any other available language has been generated by digital translation services. BitBurst assumes no responsibility for possible translation errors and their consequences. For this reason, the language in each country can be reset to English or German to guarantee an understanding of the exact meaning of the sentences and words.
If you act as a company or are a merchant in the sense of the German Commercial Code (HGB), our registered office is the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions on the competent court shall apply.
9. Online Dispute Resolution
Information on online dispute resolution for consumers: We refer to the possibility of online dispute resolution (so-called “OS platform”). Consumers can use the OS platform as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr.
We are willing to participate in the resolution of disputes via this ODR platform.
10. Severability clause
Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.