Terms of use for operators

Effective from 05 October 2022
A summary of the latest changes are available at the following link.


1. general | scope of application

1.1 These luca Terms of Use (“Terms ofUse“) apply to all contracts (“User Agreements“) between culture4life GmbH, Charlottenstraße 59, D-10117 Berlin (“luca“) and the users:in (“User:in“) of the data transfer software offered by luca as Software as a Service, including all associated websites, platforms, services, applications and functions (“Services“). Users:inside in the sense of these Terms of Use can be entrepreneurs:inside in the sense of § 14 BGB (German Civil Code), who are legally obligated to contact tracking, offer this to their own guests and visitors on a voluntary basis and/or to their own guests and visitors who offer reservations, regular guest function (CRM), payments via luca Pay. These Terms of Use alone shall be deemed to be a contract or, if other contracts exist between the parties, shall become a part of each contract of use.

1.2 These Terms of Use shall also apply to future contracts between luca and the user without the need for a corresponding reference by luca in individual cases. These Terms of Use shall be deemed to be confirmed by the User at the latest when the User makes use of the Services.

1.3 These Terms of Use shall apply to the exclusion of all other terms and conditions except for the Order Processing Agreement. Deviating, contradictory or supplementary general terms and conditions shall only become part of the contract of use if luca has agreed to them in text form or in writing.

1.4 All notifications and declarations made by the User to luca, in particular notices of termination and setting of deadlines, must be made at least in text form within the meaning of126b BGB (for the avoidance of doubt, a simple e-mail is sufficient), unless otherwise stipulated in these Terms of Use.

1.5 References in these Terms of Use to the applicability of statutory provisions are for clarification purposes only. Consequently, the statutory provisions shall apply even if such clarification is not provided, unless the statutory provisions are supplemented or expressly excluded in these Terms of Use.


2. services | conclusion of the contract of use

2.1 luca grants the User:s free access to the Services.

2.2 In order to use the Services, the User must first accept these Terms of Use, enter certain data related to the User within the Services and register with luca to use the Services. The user can check the data he/she has entered and correct it if necessary. After the user has sent the completed registration form, the user will usually receive a confirmation of his/her registration from luca. Upon receipt of this confirmation by the user, a binding contract is concluded between luca and the user.

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 clause 8, luca shall have no warranty, compensation, maintenance, support or availability obligations for the Services.

2.4 luca shall be entitled to engage subcontractors at any time in order to fulfill its contractual obligations.

2.5 luca will not store the text of the contract (these Terms of Use and, if applicable, other existing contract components) after the conclusion of the contract of use. The text of the contract is then no longer accessible to the user. However, the current terms of use are available online.


3. rights of use | restrictions on use

3.1 In accordance with the User Agreement, luca grants the User:in a simple, non-transferable, non-sublicensable, right during the term of the Agreement to use the Services for the purpose of contact tracing as part of measures to contain the current spread of the SARS-CoV-2 coronavirus and any mutations and/or to provide the reservations, regular guest function (CRM), payment option via luca Pay to its own guests and visitors. The Services are provided as currently described on luca’s website, including the Frequently Asked Questions (FAQ) section (“Documentation“).

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 use outside the scope of the license described in this Section 3; (g) use the Services to (i) store, download or transmit infringing, defamatory or otherwise unlawful or unauthorized material or malicious code or malware; or (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.

3.3 The User may only use the Services as described in the Documentation. Particular attention must be paid to the correct recording of check-in and check-out data and the protection of the QR code against loss and misuse.


4. duties of the user

4.1 The User:in is obliged to use the Services only in full compliance with all applicable laws and regulations.

4.2 The User shall be obligated to procure and maintain at its own expense any technical equipment and related ancillary services required for the User’s connection to, access to, or other use of the Services. This applies in particular to hardware, software, servers, operating systems, networks and mobile devices (collectively “Technical Equipment“). luca’s requirements for technical equipment can be viewed in their current version on luca’s website.

4.3 The User shall be 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:in is solely responsible for the content of all data displayed, uploaded, stored, exchanged or transmitted by the User:in via or 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 being liable for it, to investigate alleged violations of the User Agreement by the User:in and may take legal and/or technical measures against the User:in that luca deems appropriate to remedy such violations. These measures include restricting, blocking or terminating the User’s access to the Services.

4.6 The User shall ensure that the information provided by him/her in the Services is always up-to-date and correct. In the event of any unauthorized use or suspected breach of security or misuse of the Services, the User shall notify luca thereof without undue delay.

4.7 Unless the User:in is required by law to provide contact tracing, the User:in shall check whether separate consent must be obtained for the recording of guests’ check-in and check-out data and shall ensure that such consent is correctly obtained and documented where necessary.

4.8 The User:in shall provide the Guests with alternatives to the use of the luca system, for example by handwritten recording of contact and stay data.

4.9 Luca is entitled to list the User after his/her consent for the provision of the function “discovery” among participating locations with indication of the address.

4.10. Users:in confirms that it is a legitimate business that has all the necessary licenses and permits, which can be provided upon request. luca reserves the right to verify and investigate all information provided in this application.

5. term | termination

5.1 Unless otherwise provided for in the individual relationship, the contract of use shall commence at the time of receipt of the registration confirmation from luca by the User. The User Agreement shall remain in force for an indefinite period of time unless terminated in accordance with its provisions or these Terms of Use.

5.2 luca or the User:in may terminate the User Agreement at any time with immediate effect. The deletion of the account at luca Locations is deemed to be a termination of the respective user contract by the user:in. Certain types of data, such as check-in data, remain encrypted in the luca system for a limited period of time after termination until automatic deletion. The details regarding the storage period and deletion can be found in the current version of the privacy policy, which can be accessed here.

5.3 The right of lucas and the User to terminate the User Contract without notice for cause shall remain unaffected.


6. property rights | user data | IT security | Updates

6.1 luca and luca’s contractors, if any, are and shall remain the owner of 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.

6.2 All rights to the content and to data that the User:in provides to luca to enable the provision of the Services or that the User:in 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:in. The User grants luca a simple, non-transferable, sub-licensable (right of use), unrestricted in terms of space and content, to use the Content and User Data exclusively to the extent necessary for the provision of the Services. luca is not liable for the content or the user data.

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

6.4 luca reserves the right to make new versions and updates of the Services, in particular changes to the design, operational procedure, technical specifications, systems and other functions of the Services, at any time and without prior notice.


7. data protection

7.1 The User:in and luca shall at all times comply with the requirements of applicable data protection law, in particular the GDPR.

7.2 The processing of personal data by luca is explained in more detail in luca’s privacy policy, which can be accessed here.


8. limitation of liability

8.1 Subject to the provisions 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 by 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).

8.2 Subject to the provision of § 599 BGB (German Civil Code), luca shall be liable for damages resulting from the breach of cardinal obligations by luca, luca’s legal representatives or vicarious agents. Cardinal obligations are obligations the fulfillment of which is essential for the proper performance of the contract of use and compliance with which the user regularly relies on and may rely on. If the breach of cardinal obligations is due to slight negligence on the part of luca, luca’s 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.

8.3 Subject to the provision of § 599 BGB (German Civil Code) as well as clauses 1 and 8.2, luca shall not be liable for damages resulting from the breach of obligations which do not constitute cardinal obligations and which were caused by slight negligence by luca, luca’s legal representatives or vicarious agents.

8.4 The User acknowledges that the Services are not a substitute for adequate precautions against infection with the SARS-CoV-2 coronavirus and/or its mutations, and that certain features of the Services require the User to interact with other Users and/or health authorities, if the User so desires. luca is not responsible (a) for any infections of the User:in or third parties with the SARS-CoV-2 coronavirus or its mutations, (b) for certain conclusions that the User draws from the use of the Services, (c) for the connection of other users or health authorities to the services; and (d) for interaction between the user and other users or health authorities.

8.5 Any liability of luca beyond the cases regulated in this clause 8 shall be excluded.

8.6 Luca is not liable for the proper performance of reservation or payment services.


9. complete agreement | severability clause | amendments | updates

9.1 The User Agreement including these Terms of Use constitutes the entire agreement between the User:in and luca with respect to its subject matter and supersedes and excludes all prior written, textual or oral negotiations, arrangements, understandings, exercises or agreements between the parties with respect to such subject matter.

9.2 If any provision of the User Agreement, including these Terms of Use, is or becomes invalid or void, in whole or in part, the validity of the remaining provisions shall not be affected thereby. In this case, the invalid or void provision shall be replaced by a provision that comes as close as possible to what the parties would have agreed in a legally permissible manner according to the meaning and purpose of the original provision and the contract of use if they had recognized the invalidity or voidness of the original provision. If the ineffectiveness or invalidity of a provision is based on a measure of performance or time (deadline or date) specified therein, it shall be replaced by a provision with a legally permissible scope that comes closest to the original scope. The foregoing shall also apply to any loophole in the User Agreement including these Terms of Use not intended by the Parties. It is the express intention of the parties that this severability clause does not result in a mere reversal of the burden of proof, but that § 139 BGB is waived in its entirety.

9.3 Changes or amendments to the User Agreement must be made in text form (the exchange of simple e-mails is sufficient). The same applies to agreements to deviate from this text form requirement or to waive it completely. Item 4 remains unaffected.

9.4 luca may amend and/or update these Terms of Use with effect for the future if this is necessary for technical or legal reasons. Any amendment to these Terms of Use shall be announced to the User:in text form (a simple e-mail is sufficient) at least six (6) weeks prior to its intended effective date. The User may agree or object to the amendment before the date of its intended entry into force. 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 terminate 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. luca will explicitly inform the user in the corresponding announcement.


10. applicable law | consumer arbitration board

10.1 Any User Agreement and any disputes or claims (contractual or non-contractual) arising out of or in connection with the User Agreement or its subject matter or its conclusion shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The place of jurisdiction is Berlin.

10.2 The European Commission operates an online arbitration service which can be accessed via this link. luca is not obligated to participate in dispute resolution proceedings before this arbitration board or before any other consumer arbitration board.


culture4life GmbH

Stuttgart Local Court, Germany, HRB 785031

October 2022