Terms of Use

Effective as of November 28, 2022

1.1 These luca Terms of Use (“Terms of Use”) apply to all contracts (“Use Contracts”) between culture4life GmbH, Mörikestraße 67, D-70199 Stuttgart (“luca”) and the user (“user”) of the software luca App (“luca App”) offered by luca as Software as a Service, including all associated websites, platforms, services, applications and functions (collectively “services”). Users within the meaning of these Terms of Use are consumers within the meaning of § 13 BGB. These Terms of Use alone shall be deemed to be a contract or, if other contracts exist between the parties, shall become part of any contract of use.

1.2 The services are offered in detail as currently described on the website of luca including the frequently asked questions (FAQ) section (“documentation”).

1.3 The services serve in particular to digitize services and to simplify the interaction of users with service providers and operators, especially in the hospitality industry. The services include, but are not limited to, the following functions:

a. luca ID: This function allows the user to upload documents such as test certificates, convalescent certificates, vaccination certificates, and ID documents to a digital wallet.

b. Contact tracing: This feature allows the user to check in when visiting an operator for contact tracing purposes (Note: This feature is currently inactive).

c. Location search: This function allows the user to find operators in the desired search area (for example, throughout Germany or in the vicinity of the user’s current location) who have had themselves activated for functions of the luca App.

d. Table reservations: The user can use the luca App to make reservations with operators who have also activated this function. In addition, the user can store user-specific information with the operator as a customer.

e. Digital payments: The user can use the luca App to make digital payments to certain operators, give tips, save payment methods for future payment transactions, and view an overview of past payments. In addition, the user can request digital payment receipts. Digital payments via luca are offered in cooperation with the payment service provider Rapyd. Further details can be found under item 5.

f. Loyalty program: luca’s loyalty program allows the user to collect loyalty points that provide the user with benefits when using the services. Further details can be found under item 6.

1.4 For details on the individual data processing in connection with the provision of the services, please refer to the current privacy policy.

1.5 These Terms of Use shall be confirmed by the user at the latest when the user uses the services.

1.6 All notices and declarations made by the user to luca, in particular notices of termination and setting of deadlines, shall be made at least in text form within the meaning of Section 126b of the German Civil Code (BGB) (for the avoidance of doubt, a simple email is sufficient) unless otherwise specified in these Terms of Use.

2.1 luca grants the user access to the services free of charge. In order to use the services, the user must be at least sixteen (16) years of age or have obtained the consent of his/her legal representatives to use the services.

2.2 In order to use the services, the user must first accept these Terms of Use, enter certain data relating to the user within the services, and register to use the respective services. The user can check and correct the data he/she has deposited if necessary.

2.3 luca has the right to downgrade, limit or otherwise modify the scope and/or content of the services at any time and without prior notice. Subject to the provisions in par.10 luca shall have no warranty, compensation, maintenance, support, or availability obligations for the services.

2.4 luca is entitled regarding the fulfillment of its contractual obligations to commission subcontractors at any time.

2.5 luca will not store the text of the contract after the conclusion of the contract of use. The contract text is then no longer accessible to the user and should therefore be saved by the user beforehand.

3.1 Under the terms of the User Agreement, luca grants the user a non-exclusive, non-transferable, non-sublicensable right during the term of the User Agreement to use the services solely in accordance with the documentation and the respective conditions set forth in Section 1.3 purposes described in section 1.3.

3.2 The user shall not (and shall not permit any third party to), directly or indirectly: (a) sublicense, transfer, distribute, share, or otherwise generate revenue from the services; (b) copy the services to a public or distributed network; (c) decompile, reverse engineer, disassemble, or otherwise attempt to obtain source codes, object codes or underlying structural ideas, know-how or algorithms, or other functional mechanisms of the services, unless this is permitted in individual cases due to mandatory legal provisions; (d) modify, adapt, translate, or create derivative works based on all or any part of the services (except to the extent permitted by luca or as authorized under the services); (e) modify any proprietary rights notices appearing in the services or any part thereof; (f) use the services in a manner that violates applicable laws and regulations or is outside the scope of section 3 described scope of licence; (g) use the services to (i) store, download, or transmit any infringing, defamatory, or otherwise unlawful or unauthorized material or any malicious code or malware, (ii) engage in phishing, spamming, denial of service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of any third party system or the offerings or data contained therein; (iv) attempt to gain unauthorized access to luca’s services or systems or networks; or (v) perform, or engage third parties to perform, penetration testing, vulnerability assessments, or other security assessments.

4.1 The user is obligated to use the services only in full compliance with all applicable laws and regulations.

4.2 The user is obligated to procure, maintain and use all necessary technical equipment and software required for the user’s connection to, access to, or other use of the services at their own expense. This applies in particular to hardware, software, networks, and mobile devices (collectively “technical equipment“).

4.3 The user is solely responsible for the safety of the technical equipment and any use of the technical equipment known or unknown to the user.

4.4 The user is solely responsible for the content of all data displayed, uploaded, stored, exchanged, or transmitted via or by the user with the help of the services (collectively “content“). luca is not able to control the information that may be transmitted by the user during the use of the services or to guarantee the accuracy of such information.

4.5 luca is entitled, without prior notice and without incurring liability, to investigate alleged violations of the User Agreement by the user and may take legal and/or technical measures against the user that luca deems appropriate to remedy such violations. Among these measures include the restricting, blocking, or terminating the user’s access to the services.

4.6 The user shall ensure that the information provided by it in the services is always up-to-date and correct.

5.1 With the help of the digital payment function of luca, the user can make payments to participating points of acceptance (e.g. operators such as restaurants and other businesses). This requires that the users registered via the luca App for digital payments and deposited a suitable payment instrument (i.e. data from their Visa or Mastercard credit card). The payment service associated with luca is provided by luca’s cooperation partner, Rapyd Europe hf, Suðurlandsbraut 30, 108 Reykjavik, Iceland (“Rapyd“). Rapyd takes the information provided by the user via the luca App on behalf of the participating acceptance points and thus enables payment of restaurant bills, for example, via the luca App.

5.2 Digital payments are activated within the luca App. After scanning the QR code provided by the respective operator, the user can view the open invoice amount after interacting with the operator. After a successful payment attempt, the user receives a listing of the transaction in their payment history within the luca App. In case of failed payments or further queries regarding digital payments via the luca App, the user may contact the support provided by luca for this purpose.

5.3 In addition, the user may use the following further optional functionalities in connection with digital payments via the luca App:

a. luca offers the user the option of permanently storing payment method information in the luca App in order to be able to use it for renewed payments, and not have to enter it again when making new payments.

b. The user can request a digital payment receipt via the luca App after payment has been made, which will be sent by luca to the email address provided by the user. The user can also receive digital invoices or hospitality receipts from operators who have activated this function.

6.1 The loyalty program of luca is a bonus program within the digital payment option of luca. If the user has created a user account for the use of the luca App, they automatically participate in the loyalty program. As an incentive to use the services, luca offers the user the opportunity to receive certain benefits in an amount determined in advance by luca (“Loyalty Points“) through certain activities on or in connection with the services that are marked accordingly by luca. Activities that entitle the user to loyalty points may include, for example, making a payment via the luca App, registering for one of the services, or recruiting users. In any case, luca reserves the right, at its own commercial discretion, to decide on which occasion and to what extent loyalty points are offered and can be used by the user.

6.2 As soon as the user has performed the activity entitling to loyalty points, luca will credit the user’s account. The sum of the acquired and not yet used loyalty points is displayed within the luca App. Loyalty points are not cashable and cannot be purchased for money. Loyalty points do not earn interest and are not transferable between users. luca reserves the right to set a maximum amount of loyalty points per user, so that from a certain number of loyalty points of the determined user, further receiving of loyalty points is no longer offered.

6.3 To the extent provided by luca, the user may use accumulated loyalty points with selected operators to reduce an amount payable to the operator. The user has no right to use the loyalty points at certain operators. Insofar as loyalty points are applicable to certain payments, this will be indicated to the user during the payment process within the luca App. Such use of loyalty points is exemplified as follows: One loyalty point currently corresponds to a value of 0.01 €. If the user wants to pay for services worth €20.00 via the luca app and is offered the option of using loyalty points, the user can use 200 loyalty points, for example, to have only €18.00 debited from the user’s payment method. By using, for example, 200 loyalty points, the user can have the payment instrument debited for only €18.00 instead of €20.00. The difference of €2.00 is then paid by luca to the operator. In this case, the loyalty points credited to the user’s account will be reduced by 200 loyalty points.

6.4 In the event of termination or other termination of the User Agreement by the user, all loyalty points of the user shall automatically expire. In the event of termination or other termination of the User Contract by luca, the loyalty points of the user shall not expire until eight (8) weeks have elapsed from the notice of termination.

6.5 Irrespective of the continuation of the user’s contract of use, the user’s loyalty points will also expire if luca notifies the user in text form (including by notification within the luca App) that their loyalty points will expire after a period of eight (8) weeks from this notification and the user then fails to use their loyalty points within this period.

7.1 Unless otherwise provided in individual cases, the User Agreement shall commence at the time the user agrees to the Terms of Use. The User Agreement shall remain in force for an indefinite period of time unless terminated.

7.2 luca or the user may terminate the User Agreement at any time with immediate effect. The complete deletion of the services from the user’s terminal device by means of the delete button located in the App shall be deemed termination of the relevant User Agreement by the user. Details on the storage period and deletion can be found in the current version of the privacy policy luca App.

8.1 luca and its contractors, if any, own and retain all proprietary rights, including copyrights, database rights, patents, trade secrets, trademarks, and all other intellectual property rights and technical solutions in and relating to the services. The user acknowledges that the rights granted under a User Agreement do not give the user any ownership rights in the services.

8.2 All rights to the content and data that the user provides to luca to enable the provision of the services or that the user provides during the use of the Services (“user data“), as well as to data based on or derived from the content or User Data, shall remain with the user. The user grants luca a simple, non-transferable, sub-licensable right (of use), unrestricted in terms of space and content, to use the contents and user data exclusively to the extent necessary for the provision of the services, even beyond the termination of the user contract. luca is not liable for the content or the user data.

8.3 luca shall take reasonable measures to ensure that the security of the services complies with customary market industry standards.

8.4 luca reserves the right to make new versions and updates to the Services, including without limitation changes to the design, operational procedure, technical specifications, systems and other features of the Services, at any time and without prior notice.

9.1 luca shall at all times comply with the requirements of applicable data protection law, in particular the General Data Protection Regulation of the European Union.

9.2 The processing of personal data by luca in connection with the services is described in more detail in luca’s privacy policy.

10.1 Subject to the provision of § 599 BGB, luca shall be liable without limitation for (a) injury to life, body, or health by luca, luca’s legal representatives, or vicarious agents; (b) damage caused intentionally or gross negligence by luca, luca’s legal representatives or vicarious agents; (c) damage due to the absence of a guaranteed quality; and (d) claims arising from the German Product Liability Act (ProdHaftG).

10.2 Subject to the provision of § 599 BGB (German Civil Code), luca shall be liable for damages arising from the breach of cardinal obligations by luca, luca’s legal representatives, or vicarious agents. Cardinal obligations are obligations, whose fulfilment is essential for the proper performance of the contract of use, and on whose compliance the user regularly relies and may rely on. Provided that the violation of Cardinal obligations occurs due to slight negligence on the part of luca, lucas legal representatives, or vicarious agents, the liability of luca shall be limited to the amount that was foreseeable for luca at the time of the provision of the respective service.

10.3 Subject to the provisions of § 599 BGB and clauses 10.1 and 10.2 luca shall not be liable for damages resulting from the breach of obligations which do not constitute cardinal obligations and which are caused by slight negligence by luca, luca’s legal representatives, or vicarious agents.

10.4 The user acknowledges that the verification of official identification documents via the services by independent third parties is carried out in accordance with terms of use agreed between the user and such third parties, and that the use of third-party software by the user may be necessary for this purpose. In this respect, luca does not become a contractual partner of the user and is therefore not liable for the proper verification by such third parties.

10.5 The user acknowledges that the execution of payments via the services by independent third parties is subject to terms of use agreed upon between the user and such third parties. In this respect, luca shall not be a contractual partner of the user and shall therefore not be liable for the proper execution of payments.

10.6 The user acknowledges that the use of the services may not obviate the need to present original documents.

10.7 Any liability of luca beyond the cases regulated in this clause 10 is excluded.

11.1 The User Agreement constitutes the entire agreement between the user and luca with respect to the subject of the Agreement and supersedes and excludes all prior written, textual, or oral negotiations, arrangements, understandings, exercises, or agreements between the parties with respect to the subject of the Agreement.

11.2 If any provision of the User Agreement is or becomes invalid or void in whole or in part, the validity of the remaining provisions shall not be affected.

11.3 Changes or amendments to the User Agreement must be made in text form (the exchange of simple emails is sufficient). The same applies to agreements to deviate from this text form requirement or to waive it completely. Digit 11.4 remains unaffected.

11.4 luca may amend and/or update these Terms of Use for existing user agreements with effect for the future if this is necessary for technical or legal reasons or insofar as this affects luca’s loyalty program. Announcement of any changes will be made at least eight (8) weeks prior to their intended effective date on the luca website and in the luca App. The user may agree or object to the amendment before the date on which it is intended to take effect. The amendment shall be deemed accepted by the user if the user does not object to the amendment before the date of its intended entry into force. In the event of a timely objection by the user, the User Agreement shall end at the time of the intended entry into force of the amendment to these Terms of Use. This means that it is no longer possible to use the services.

12.1 Any User Agreement and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with the User Agreement or the subject or formation thereof shall be governed by the mandatory laws of the state in which the user has its habitual residence (meaning those provisions of the law of that state, which cannot be deviated from by agreement). In all other respects, the law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.2 The European Commission operates an online Arbitration Board. luca is not obliged to participate in dispute resolution proceedings before this arbitration board or before any other consumer arbitration board.