Terms & conditions

I. General provisions for users

§ 1 General

(1) Forstify Digital GmbH, Adessoplatz 1, 44269 Dortmund, operates under the domain https://forstify.com an internet portal and mobile apps („Forstify“) on which forest owners, timber buyers, forestry businesses, companies and organisations can place listings in the field of the sale and purchase of raw timber and plants as well as services, so that these can be viewed – by means of the search function provided on the internet portal or mobile apps – by visitors to the site (forest owners, timber buyers, forestry businesses, companies and organisations hereinafter collectively referred to as „users“).

(2) These General Terms and Conditions of Business and Use apply exclusively between Forstify and the users who have registered on the internet portal or mobile apps and concluded a corresponding usage agreement in accordance with these Terms. Conflicting terms and conditions of a user shall not apply.

(3) With the internet platform and the mobile apps, Forstify provides the technical means for displaying the listings and entries, as well as further functions for capturing and managing data. Forstify thereby allows users to list listings on the website and to be contacted by interested parties. Forstify exercises no influence over the content of these listings. In particular, Forstify is not itself the provider of the goods or services presented in the listings, unless this is expressly stated in the listing.

(4) Forstify is involved in the relationship between users neither as an intermediary nor as a party nor as a representative of a party. Contracts initiated as a result of a listing placed via the internet portal or the mobile apps are concluded and performed without the involvement of Forstify.

(5) The contract language is German.

§ 2 Description of services, availability

(1) Forstify provides an internet platform and mobile apps on which users can find and view listings placed by other users via an input and search mask, in order to make contact with users where there is a matching offer or matching demand. Additional features enable easier data capture and management. The contractually owed service consists in the provision of the internet platform with its functions in the agreed scope.

(2) Placing listings is generally free of charge. Further services and functions of Forstify, in particular contact requests for listings or the creation of wood lists, are subject to a charge. Costs then arise for booking a particular pricing model (https://app.forstify.de/profile) for the use of the platform offerings.

(3) Forstify advertises its website and the listings placed by users itself and through third parties, for example by embedding the listings on websites. For this purpose, Forstify may also make data, information and content published via the internet portal available to third parties.

(4) Forstify is obliged to provide the services on the internet platform and via the mobile app. For the technical availability of the platform and the platform services as well as the mobile app, Forstify guarantees within its area of responsibility an availability of 99% on a monthly average.

(5) Regular maintenance windows of the platform and the mobile app are not included in the calculation of availability. For this purpose, Forstify may temporarily suspend or restrict its services, taking into account the interests of the providers (a maximum of two hours per week). Forstify will, as far as possible, carry out maintenance work during low-usage periods. Should longer temporary suspensions or restrictions of services be necessary, Forstify will inform the provider in advance of the nature, extent and duration of the impairment, insofar as this is objectively possible in the circumstances and the notification would not delay the elimination of interruptions that have already occurred.

§ 3 Type and content of listings

(1) Different listings can be placed and found in various categories. These listings are aimed at a direct conclusion of contract with a user.

§ 4 Conclusion of contract / registration as a user

(1) The use of the Forstify platform and the placing of listings by users requires the conclusion of a usage agreement in accordance with these Terms and corresponding registration on the internet portal or mobile app. There is no entitlement to the conclusion of a usage agreement.

(2) Registration as a user is required.

(3) Registration, and thus the submission of an offer to conclude a usage agreement, requires that the user is of legal age, has unlimited legal capacity and is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. Registration is prohibited for minors. In the case of a legal person, registration must be carried out by a natural person with unlimited legal capacity and authority to represent.

(4) The contact details and other information requested by Forstify during the registration process must be provided completely and correctly.

(5) The information is then checked by Forstify for completeness. If the information is correct in Forstify's view and there are no other concerns from Forstify's perspective, Forstify will activate the requested access without undue delay, but at the latest within three working days, and notify the provider or user of this by registration-confirmation email with an activation link. This email constitutes acceptance of the offer to conclude the usage agreement.

(6) From receipt of the email, the user is entitled to use the internet portal within the framework of these Terms of Business and Use. To this end, the user must first confirm the activation by clicking the link contained in the email.

§ 5 Membership, Forstify Plan

(1) Registered users can become subscribers on the Forstify platform. The Forstify membership is a continuing subscription (hereinafter also „Plan“) and runs for the contractually determined period. It automatically renews until the Plan is cancelled. Subscribers must have a current, valid and accepted means of payment.

(2) Forstify offers various subscriptions or Plans that comprise different functions and for which fees are charged. Details of the Forstify Plans can be viewed under „My Profile“ on the Forstify website (https://app.forstify.de/profile). By clicking the „Learn more“ button, users and subscribers receive further information about the respective Plan, in particular the various prices and functions.

(3) By registering, users initially receive the „Free“ Plan. No fees are charged for the „Free“ Plan.

§ 6 Fees for memberships

(1) The fees for a Forstify Plan are fees payable monthly or annually. The billing periods can be selected during the activation process of a chosen subscription.

(2) By clicking the „Buy“ button, the user undertakes to pay the fees.

§ 7 Invoicing

(1) By concluding a Plan and storing or assigning a means of payment, the member authorises Forstify to invoice the respective Plan fee in accordance with the chosen billing period (monthly or annually) and to debit it together with any other amounts arising in connection with the use of the Forstify platform. The user is aware that the respective amounts may vary, e.g. due to promotions, the acquisition of additional or further-reaching Plans, or the acquisition of individual additional functions, such as additional contact requests.

(2) Invoices are due for payment immediately without deduction.

(3) The prices stated on the website at the time of conclusion of the contract apply. Forstify reserves the right to adjust the prices for Plans and memberships at its own discretion.

(4) Payments for the current Plan are generally non-refundable. After cancellation, the user may continue to use the remaining functions until the end of the remaining contract term. Payments already received for periods extending beyond the remaining contract term will be refunded on a pro-rata basis accordingly.

(5) Forstify offers various means of payment. The means-of-payment information can be changed by clicking the „Manage payment methods and invoices“ button under „My Profile“.

§ 8 Billing with Stripe

(1) For the billing of services, Forstify uses the payment provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The following means of payment are available:
Credit card via Stripe
In cooperation with the payment service provider Stripe, we offer you credit card as a means of payment. By placing the order, you provide your credit card details. After your legitimation as the rightful cardholder, the payment transaction is carried out automatically and your card is charged.
SEPA direct debit via Stripe
In cooperation with the payment service provider Stripe, we offer you SEPA direct debit as a means of payment. By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date of the account debit (so-called prenotification). Upon submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account is generally debited after activation of the booked service. The deadline for the advance notice of the date of the account debit (so-called prenotification period) is one bank working day.

(2) You will receive further information during the ordering process.

§ 9 Acquisition of contact requests and additional functions

(1) Irrespective of the chosen Plan, the user may acquire additional contact requests and additional functions for a fee by using the „Acquire contact requests“ function under „My Profile“ and confirming the acquisition in the final step by pressing the „Buy“ button.

(2) Prices for additional contact requests can be viewed at https://app.forstify.de/profile

(3) Acquired contact requests and activated additional functions are invoiced separately and are due for payment immediately without deduction.

§ 10 Customer information: storage of orders

Your order, with details of the concluded contract, is stored by us. You have access to your past orders via our portal. We send you the Terms of Use by email, but you can also call up the Terms of Use at any time via our website. If you wish to save the offer description on our portal page for your own purposes, you can, at the time of placing the order, e.g. take a screenshot or alternatively print the entire page.

§ 11 Customer information: correction notice

You can correct your entries at any time before submitting the order. We inform you of further correction options as you proceed through the ordering process. You can also end the ordering process completely at any time by closing the browser window.

§ 12 Responsibility for access credentials

(1) During the registration process, users are asked to provide a username and a password. With these credentials, the user can log in to the portal after activation of access and confirmation pursuant to § 3(7).

(2) The access credentials, including the password, must be kept secret by the user and not made accessible to unauthorised third parties.

(3) It is the user's responsibility to ensure that access to the internet portal and mobile apps and the use of the services available thereon is carried out exclusively by the user or by persons authorised by the user. If there is reason to fear that unauthorised third parties have gained or will gain knowledge of your access credentials, Forstify must be informed without undue delay.

(4) Users are liable for any use and/or other activity carried out under their access credentials, in accordance with the statutory provisions.

§ 13 Updating of user data

Users are obliged to keep their data (including contact details) up to date. If a change in the data provided occurs during the period of participation, they must correct the information without undue delay in their personal settings on the internet portal or mobile apps. Should this not succeed, they are obliged to notify Forstify of the changed data without undue delay by email.

§ 14 Placing one's own content, usage rights

(1) Insofar as available as functionality on the portal, users may, subject to the following provisions, place content on the internet platform and the mobile apps and thereby make it available to third parties.

(2) By placing content, users grant Forstify in each case a non-exclusive, royalty-free and transferable right of use in the respective content for the following purposes:
– for the storage of the content on Forstify's server and its publication, in particular making it publicly accessible (e.g. placing the listing on the internet portal and the mobile apps),
– for editing and reproduction, insofar as this is necessary for the provision or publication of the respective content; and insofar as the providers remove the placed content from the internet portal again, the right of use and exploitation granted to Forstify above expires. However, Forstify remains entitled to retain copies made for backup and/or evidentiary purposes.

(3) The user declares and warrants to Forstify that they are the sole holder of all rights to the content they have placed on the internet portal, or are otherwise entitled (e.g. by virtue of an effective permission from the rights holder) to place the content on the internet platform and to grant the rights of use and exploitation pursuant to the preceding paragraph (2). The user further declares and warrants to Forstify that the placed content does not infringe any rights of third parties (data protection rights, personality rights).

(4) Forstify reserves the right to refuse the placing of content and/or to edit, block or remove content already placed (including private messages, reviews, comments) without prior notice, where the placing of the content by the user or the placed content itself has led to a breach of these Terms or where there are concrete indications that a serious breach of these Terms will occur. In doing so, Forstify will, however, have regard to the legitimate interests of the user and choose the mildest means to avert the breach.

(5) Forstify is entitled to create anonymised and/or aggregated data from the use of the platform and to use such data without limitation in time or territory for its own purposes, in particular for analysis as well as for the improvement and further development of the functions and services and for statistical purposes. Such data does not allow any conclusions to be drawn about individual persons and is not subject to data protection law.

(6) Forstify is entitled to use, edit and reproduce content placed by the user (including photos) that contains no personal data, for the improvement and further development of the functions – including the training of automated functions (e.g. for measuring or counting timber) – as well as for its own marketing and advertising purposes. Such use is limited to content that shows exclusively timber (in particular log piles and logs) and contains no personal data – in particular no identifiable persons, vehicle registration plates, specific location data or names of third parties; associated metadata (e.g. location data) and any link to the user account are removed for this purpose. Content containing personal data is not used for these purposes. The right of use under this paragraph is non-exclusive, royalty-free, unlimited in time and territory, and transferable, and is unaffected by a removal of the content by the user.

(7) If a user shares content within a team or via a share link, they themselves determine which content they share. The management of the content shared within a team, as well as of the team members, is the responsibility of the team owner; content placed by a user into a team may remain with the team owner even after the end of that user's use. Details of the processing of personal data are set out in our Privacy Policy.

§ 15 Contract term and termination

(1) The usage agreement for the Forstify platform is concluded for the contractually agreed period in each case. It may be terminated with a notice period of two weeks to the end of the contract term.

(2) The subscriptions or Plans also continue after the end of the contract term. They automatically renew for a further contract term (1 month / 12 months) if not terminated beforehand.

(3) The right to extraordinary termination remains unaffected.

(4) You can terminate the usage agreement by giving notice of termination by email to support@forstify.de or by carrying out the termination within the website.

(5) To cancel a subscription, users can switch back to the free access in the profile at https://app.forstify.de/profile.

(6) Upon the termination of the usage agreement taking effect, the contractual relationship ends and you may no longer use your access. Forstify reserves the right to block the username and password upon the termination taking effect. Any listings end upon the termination taking effect.

(7) Forstify is entitled, upon expiry of 30 calendar days after the termination takes effect and after expiry of any statutory retention periods, to irretrievably delete all data arising in the course of your use.

§ 16 Placing and changing of listings

(1) Users may place any number of listings during the contract term.

(2) Permissible changes to a listing during the term are free of charge and can be carried out via the login area.

(3) A listing can be deleted by the user at any time.

§ 17 Prohibited activities on the platform

(1) Users are prohibited from any activities on or in connection with the internet portal that violate applicable law, infringe the rights of third parties or breach the principles of the protection of minors. In particular, the following acts are prohibited:
– the placing, distribution, offering and advertising of pornographic content, services and/or products, or content that violates youth protection laws, data protection law and/or other law, and/or fraudulent content, services and/or products;
– the use of content by which other users or third parties are insulted or defamed;
– the use, provision and distribution of content, services and/or products that are legally protected or encumbered with rights of third parties (e.g. copyrights), without being expressly entitled to do so.

(2) Users are likewise prohibited from any action capable of impairing the smooth operation of the portal, in particular placing an excessive load on Forstify's systems.

(3) Should a user become aware of any illegal, abusive, contract-violating or otherwise unauthorised use of the portal, they should please contact Forstify (see Imprint). Forstify will then examine the matter and, if necessary, initiate appropriate steps.

(4) Where there is a suspicion of unlawful or criminal acts, Forstify is entitled and, where applicable, also obliged to examine the activities of the users and, if necessary, to initiate appropriate legal steps. This may also include referring a matter to the public prosecutor's office.

(5) Users and other persons may report content they consider illegal to Forstify at any time – by email to support@forstify.de or via the contact details stated in the Imprint. The report should contain a sufficient explanation as well as the precise location (e.g. URL or affected listing). Forstify examines incoming reports promptly, diligently and in a non-arbitrary manner and takes appropriate measures where necessary.

§ 18 Requirements for the content and presentation of listings

(1) The user is obliged to provide complete and truthful information in relation to the goods or service offered. Inadvertently incorrect information (e.g. typing errors) must be corrected without undue delay via the login area after its discovery.

(2) During the term of the listing, the user must be able to provide the offered service or goods on the conditions offered in the listing.

(3) The listings may be illustrated with photos and images. The user undertakes to place on the internet platform only such photos as they are entitled to use without restriction and that are not encumbered with rights of third parties – in particular not with copyrights or personality rights of third parties. The photos used must not be misleading and must reflect the actual condition of the goods offered. If the user uses photos that depict the goods or service only by way of example, they must indicate this separately.

(4) The listing must not, by its wording, content, visual presentation or the purpose pursued, violate statutory provisions or public morals. In particular, users must observe the provisions of competition law, copyright and trademark law, and the German Telemedia Act (obligation to provide an imprint).

(5) The user can place the listings via „Direct enquiry“ at a specified price and additionally decide whether it is a negotiable basis and whether the user wishes to receive „price proposals“ from other users.

(6) Once two users have agreed on a price, the contact details of the users involved that are required to complete the transaction are made accessible to each other, so that the contract between them can be concluded and performed directly (cf. § 1(4)). Details of the processing of personal data are set out in our Privacy Policy.

§ 19 Responsibility for the content of listings

(1) Responsibility for the content of the listings lies exclusively with the user. Neither the accuracy nor the completeness of the content of the listings and entries is checked by Forstify. Forstify assumes no warranty for the accuracy and completeness of the offers.

(2) Forstify excludes any warranty and liability for the listings complying with the statutory provisions.

(3) In particular, Forstify excludes any warranty and liability that may arise from the fact that contracts initiated or concluded on the basis of the listings are unenforceable under the law of an affected state or otherwise lead to legal or economic disadvantages for one or both contracting parties of the purchase contract.

(4) The above limitation of liability does not apply in the case of malice, in the case of injury to body or health, for the breach of guarantees, or for claims arising from Forstify's product liability.

§ 20 Indemnification

The user indemnifies Forstify against all claims that third parties assert against Forstify due to the infringement of their rights by the user's listing or due to other use of the internet platform or mobile apps by the user. The user thereby also bears the costs of the necessary legal defence by Forstify, including all court and lawyer's fees. This does not apply if and insofar as the user is not responsible for the infringement.

§ 21 Currency, deletion and storage of content

(1) In order to make the use of the internet platform as interesting and effective as possible for the user, Forstify endeavours to keep the listings current. For this reason, listings should be deleted by the user as soon as the goods or service can no longer be provided or the requested goods or service is no longer required.

(2) The user undertakes to delete a listing without undue delay as soon as the goods or service can no longer be provided or is no longer required.

(3) Each user is responsible for making a backup copy of the data that is retrievable via the internet platform and stored by Forstify and that they require for purposes of securing evidence, accounting or other purposes.

II. Rights of Forstify, liability of Forstify, final provisions

§ 22 Blocking of access

(1) Forstify may block access to the portal for users temporarily or permanently if there are concrete indications that these Terms and/or applicable law are being breached, or if Forstify has another legitimate interest in the blocking. When deciding on a blocking, Forstify will take appropriate account of the legitimate interests of the users.

(2) In the event of temporary or permanent blocking, Forstify blocks the access authorisation and notifies the user of this by email.

(3) In the event of a temporary blocking, Forstify reactivates the access authorisation after expiry of the blocking period and notifies the user of this by email. A permanently blocked access authorisation cannot be restored. Permanently blocked users are permanently excluded from participation in the internet portal and may not register on it again.

(4) If Forstify removes or blocks a user's content or their access on the basis of content placed, Forstify informs the affected user of the decision and its essential grounds, of the underlying contractual or legal basis, and of the available complaint and redress options, unless legal obligations preclude this.

§ 23 Changes to the Terms of Use

(1) Forstify reserves the right to change these Terms of Use at any time with effect also within existing contractual relationships. Forstify will notify the user of such changes at least 30 calendar days before the planned entry into force of the changes. Unless the user objects within 30 days of receipt of the notification and continues to use the services even after expiry of the objection period, the changes shall be deemed effectively agreed upon expiry of the period. In the event of an objection, the contract will be continued under the previous conditions. In the change notification, Forstify will draw the user's attention to their right of objection and to the consequences.

(2) In the event of changes to value added tax, Forstify is entitled to adjust the remuneration in accordance with this change, without the aforementioned right of objection existing.

§ 24 Force majeure

Forstify is released from the obligation to perform in cases of force majeure. Force majeure means all unforeseen events as well as such events whose effects on the performance of the contract are not the responsibility of either party. These events include in particular lawful industrial action, also in third-party businesses, official measures, failure of communication networks and gateways of other operators, disruptions in the area of line providers, and other technical disruptions, even if these circumstances occur in the area of subcontractors, sub-suppliers or their subcontractors.

§ 25 Forstify functions

Forstify contains various functions intended for the management or capture of data (e.g. GPS coordinates, dimensions of log piles and logs, or automated counting of logs). These functions are aids for determining data and provide a simple estimate or control measurement on site. However, they do not replace manual verification by the user or measurement by means of calibrated measuring procedures. The user bears responsibility for ensuring that the data is properly captured or measured. Forstify assumes no warranty or liability for the accuracy, precision and/or suitability of the measurement results produced via Forstify functions.

§ 26 Limitation of liability

(1) For damage caused intentionally or through gross negligence by Forstify or by its legal representatives, executive employees or ordinary vicarious agents, Forstify is liable without limitation.

(2) In cases of slightly negligent breach of only immaterial contractual obligations, Forstify is not liable. Otherwise, Forstify's liability for slightly negligently caused damage is limited to those damages with whose occurrence one must typically reckon within the framework of the respective contractual relationship (damage foreseeable as typical for the contract). This also applies to slightly negligent breaches of duty by Forstify's legal representatives, executive employees or ordinary vicarious agents.

(3) Liability for compensation of indirect damage, in particular for lost profit, exists only in the event of intent or gross negligence on the part of legal representatives, executive employees or other vicarious agents of Forstify.

(4) The above limitation of liability does not apply in the case of malice, in the case of injury to body or health, for the breach of guarantees, or for claims arising from product liability.

§ 27 Final provisions

(1) The usage agreement, including these Terms, is subject in its application and interpretation exclusively to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1998 is excluded.

(2) If the user is a merchant within the meaning of the German Commercial Code, the registered office of Forstify is the exclusive place of jurisdiction for all disputes arising from and on the basis of the use of the internet platform. The same applies if the user relocates their domicile abroad after conclusion of the contract or has no general place of jurisdiction in Germany.

(3) If a provision of these Terms is invalid, the remaining provisions remain unaffected. The invalid provision shall be deemed replaced by one that comes economically closest, in a legally effective manner, to the sense and purpose of the invalid provision. The same applies to any gaps in the provisions.