Terms of Use

(hereinafter referred to as "Terms of Use")

Nemoralis GmbH, a company incorporated under german law, situated at An der Kolonnade 11, 10117 Berlin ("Provider"), provides Futureshaper.com, a free social network for visionaries and actors in the impact sector, which can be accessed at https://futureshaper.com/ ("Platform"). The Platform can be used by both non-registered visitors and registered members ("Platform Users") via the web browser. By registering as a Platform User, the member agrees to the validity of the following terms of use:

1 General provisions

1.1 These Terms of Use apply to all services offered by the Provider to Platform Users via the Platform. The current version of the Terms of Use can be accessed at any time at the following link https://futureshaper.com/de/terms-of-use.

1.2 These Terms of Use apply exclusively. Deviating, conflicting or supplementary general terms and conditions of Platform Users shall only become part of the contract if and insofar as the Provider has expressly agreed to their validity.

1.3 The Provider expressly reserves the right to make changes to these Terms of Use. Excluded from this reservation of the right to make changes are such changes that relate to an obligation of one of the parties, the fulfillment of which makes the use of the Platform possible in the first place and on the observance of which the other party regularly relies or may rely ("essential contractual obligation").

2 Subject of service and availability

2.1 In order to use the Platform, the User must register as a member free of charge ("Platform User"). To register, the User must complete and submit the form provided for this purpose. In order to prevent abusive registrations, confirmation of the registration will be sent by e-mail to the e-mail address specified in the form immediately after the form has been sent to the Provider. The User's profile is confirmed via the activation link contained therein.

2.2 Platform Users can be natural persons or legal entities with unlimited legal capacity; other persons require the consent of their legal representative to use the Platform . The Provider reserves the right to refuse the registration of a Platform User in individual cases without giving reasons.

2.3 The Provider's main obligation is to provide the Platform. The Provider shall provide the Platform as it was available at the time of the visit or registration of the Platform User and the service description applicable at that time ("as is"). The essence of the Platform is that Platform Users can create profiles, whereby a distinction must be made between personal profiles and team profiles. Team profiles can be created for companies, registered non-profit organizations, NGOs and government institutions. Mission statements can be defined for profiles, which are made publicly visible to other Platform Users. Profiles can be used to publish posts and articles on the Platform, whereby the Community Guidelines must be observed in accordance with section 5. In all other respects, the Platform User has no claim to a specific design or configuration of the Platform. The Provider reserves the right to change the Platform in whole or in part or to discontinue it permanently or temporarily at its own reasonable discretion, taking into account the interests of the Platform User, provided that this does not impair the Provider's material contractual obligations arising from the membership and this is reasonable for the Platform User .

2.4 Individual services provided by the Provider via the Platform may be subject to a charge in the future. The Platform User will be informed of this at the latest before using a chargeable service for the first time. Before using a chargeable service for the first time, the Platform User must confirm that they have been informed of the chargeable nature of the service and the amount of the costs and that they agree to the chargeable use of the service.

2.5 The Provider makes the Platform available with an overall availability of 95% on an annual average. The availability is calculated minus the time periods attributable to necessary maintenance work. The Platform is not available during maintenance work.

2.6 The Provider merely provides the technical Platform for the content created by the Platform Users or third parties. The content posted by third parties is third-party content for the Provider. If, in exceptional cases, the Provider provides its own content, this is expressly marked as such

2.7 Platform Users can use links to access external websites that are not operated by the Provider. Such links are either clearly marked by the Provider (e.g. as an advertisement or promotion) or are recognizable by a change in the address line of the browser used by the Platform User. The Provider is not responsible for the content of these external websites.

3 Premium Services

3.1 Platform Users can upgrade B2B profiles to a paid profile. An upgrade is only permitted if the Platform User is authorized to represent the respective profile. The Platform User must provide the Provider with proof of authorization to represent the profile upon request. If the proof cannot be provided, the Provider is entitled to withdraw the Platform User's access authorization to the respective profile.

3.2 For the purpose of upgrading, Platform Users can access an order overview via the team profile and a click on the "Upgrade to Premium" button, where the desired upgrade can be selected. After making their selection, Platform Users can click on the "Upgrade Now" button to access an order overview where the selected products are clearly displayed together with the net price and applicable taxes. Here, the Platform User can check the selected product and correct their entries by clicking on the "Back" browser button.

3.3 Only after completing the registration form and then clicking on the "Subscribe with obligation to pay" button does the Platform User submit a legally binding application to the Provider to conclude a Premium Membership. Immediately after receipt of the contract offer, an e-mail is sent together with a confirmation of receipt.

3.4 A contract for a Premium Membership is only concluded when the Provider issues a declaration of acceptance, which is sent in a separate email (order confirmation). This email contains the text of the contract (consisting of the order, these Terms of Use and order confirmation) and can be saved on a permanent data carrier.

3.5 Unless otherwise specified, Premium Profiles for teams can be canceled without notice at the end of each calendar month. This is done via the profile management of a team by clicking on the button "Manage Billing Settings ". Another click on the "Cancel subscription" button cancels the subscription to a Premium profile.

4 Content and obligations of Platform Users

4.1 The Platform User is entitled and obliged to use the Platform exclusively for his own purposes, including commercial purposes.

4.2 Platform Users are only authorized to manage team profiles or gain access to them if they are legally authorized to do so and can prove this to the Provider.

4.3 The Provider is merely a technical service Provider. The content posted via the Platform by Platform Users or other third parties is merely stored by the Provider. The Provider has no knowledge of the content; there is no selection of the content posted for the User or any other control of this content by the Provider.

4.4 The data provided by the Platform User in a personal or team profile, in particular the data requested during registration, must be provided completely and truthfully; this also applies to data that is not mandatory but voluntarily provided by the Platform User to supplement the Premium Profile. If the profile owner's data changes, he/she is obliged to update the information in the respective Premium Profile without delay.

4.5 The Platform User is obliged to keep his password secret and must protect it from unauthorized use by third parties. The Platform User is obliged to change the password at regular intervals. If the Platform User becomes aware of any misuse of his access data, or if there is a possibility or threat of such misuse, the Platform User shall inform the Provider of this immediately. The Platform User is liable for any misuse of his member profile; this does not apply if the Platform User is not responsible for the misuse.

4.6 By posting content, the author grants the Provider a non-exclusive, unrestricted right to use and exploit this content. These rights remain in force even if the membership is terminated or expelled from the Platform

4.7 The person posting the content is responsible for compliance with the legal regulations with regard to the content posted by Platform Users or third parties. Every Platform User must observe the applicable law and protect the rights of third parties. In particular, Platform Users are prohibited from

  • infringe third-party property rights such as trademarks, copyrights and naming rights;
  • to post offensive, defamatory, pornographic, harmful to minors or otherwise criminally relevant content;
  • unreasonably harass other Platform Users and/or third parties, for example through unsolicited advertising (spam) and offensive communication;
  • to place direct or indirect advertising content in the signatures of the comment function;
  • Collecting the e-mail addresses of Platform Users in order to use them for advertising purposes or to make them accessible to third parties for advertising purposes (crawling and spamming) without the consent of the respective Platform User, or sending mass mailings (spam mailings, etc.).
  • to post or write contributions that deviate from the thematic guidelines in the forum;
  • to post contributions that violate common decency;
  • to post links to websites with any of the above content, and
  • Violating the provisions of the EU Digital Services Act (DSA),
  • use mechanisms, software and/or scripts that go beyond the functionalities and interfaces provided by the Provider on the Platform, in particular if this blocks, modifies, copies and/or overwrites services of the Provider and these services are necessary for the contractual use of The Provider.

5 Community guidelines, scope of permitted use, house rules and sanctions

5.1 The Platform serves the exchange of individuals and organizations in the impact sector who are committed to promoting social, societal, ecological, scientific and/or technological goals. Against this background, the Community Guidelines also apply to the use of the Platform, the current version of which can be accessed via the Platform.

5.2 Job advertisements may only be published on the Platform in the team's own name. The publication of applications from commercial Users, such as head hunters, recruiters, recruitment agencies or other commercial Users is prohibited.

5.3 The Provider is entitled to delete individual illegal content. The Provider is also entitled to exclude individual Platform Users from using the Platform if this is justified by objective reasons, such as disruption of operations or use outside the Community Guidelines.

5.4 The Provider may impose one or more sanctions against the posting person at its reasonable discretion, taking into account the interests of the Platform User, if this person has violated these terms of use or if there is good cause. This is to be assumed in particular if topics and posts violate these Terms of Use. The severity of the sanctions depends on the severity of the respective violation. The sanction shall remain in place until the sanctioned action has been stopped by the Platform User and any risk of repetition has been eliminated.

5.5 The following sanctions may be considered: (i) the deactivation or blocking of individual services or content for the Platform User concerned, (ii) the deletion, relocation or closure of the content, threads or contributions posted for the Platform User, (iii) the complete blocking of access to the Platform, including the member profile, and (iv) the complete deletion of an account. The right to extraordinary termination for good cause by the Provider remains unaffected by this, as does the assertion of further claims.

6 Liability

6.1 Unless otherwise stated in these Terms of Use, the Provider shall be liable within the scope of the use of the Platform in accordance with the following provisions.

6.2 The Provider shall be liable without limitation for damages caused by the Provider or its legal representatives, executives or simple vicarious agents intentionally or through gross negligence.

6.3 In cases of slightly negligent breach of only insignificant contractual obligations, the Provider is not liable. Otherwise, the liability of the Provider for damages caused by slight negligence is limited to those damages that must typically be expected to occur in the context of the respective contractual relationship (contract-typically foreseeable damages). This also applies to slightly negligent breaches of duty by the legal representatives, executive employees or simple vicarious agents of the Provider.

6.4 The above limitation of liability shall not apply in the event of fraudulent intent, in the event of bodily injury or personal injury, for the breach of guarantees and for claims arising from product liability.

6.5 The Platform User is solely liable for breaches of duty by the Platform User, in particular in the event of infringement of third-party trademarks, copyrights and rights to a name. The Platform User shall indemnify the Provider against all claims for payment by other Platform Users and third parties that are asserted against the Provider due to an infringement of rights by content posted by a Platform User and/or due to the use of the Platform. Upon first request, the Platform User shall assume all reasonable costs incurred by the Provider as a result of such an infringement. This includes in particular the necessary costs of legal defense. This does not apply if the Platform User is not responsible for the infringement. Other claims of the Provider against the Platform User remain unaffected by this.

6.6 The availability of the Platform in accordance with Section 2.4 may be temporarily restricted in whole or in part due to technical faults for which the Provider is not responsible or for reasons of force majeure (failure of power supply and/or Internet, fire, explosion, earthquakes, storms, floods, industrial action for which the Provider is not responsible), as well as due to the performance of maintenance work maintain and improve the operational capability and functionality of the Platform. The Provider shall only be liable for the consequences of limited availability within the scope of the availability promised to the User in the service description and only in accordance with Section .6.1

7 Final provisions

7.1 The contractual language is German. If translations of these Terms of Use or other contract-related declarations and documents are produced in languages other than German ("read versions"), only the German version shall be binding.

7.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws; Art. 3 EGBGB remains unaffected.

7.3 The European Commission provides a Platform for online dispute resolution (OS), which can be found under the link to the Platform of the European Commission. The Provider is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

7.4 No verbal collateral agreements have been made. Amendments and additions to these Terms of Use and all declarations by the parties relating to the contractual relationship must be made in text form.

(Last updated: 2025-02-25)