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Terms of Use

Terms of Use


– for the Perfect Day app and platform deinperfectday.de –


As of May 12, 2026


1. Operator, subject matter, scope


1.1 These terms of use apply to the services provided by the DigElite Digital Agency, owner Philip Herrmann, Kreuzstr. 16a, 49492 Westerkappeln (hereinafter referred to as „we"" or "„us"") operated platform "Perfect Day" — consisting of the mobile app and the web platform under plattform.deinperfectday.de (together the „platform"").


1.2 The platform provides a technical infrastructure with which


    

  • Provider (commercial sellers who have registered on the platform) can digitally represent their vouchers, tickets, stamp cards and coupons, generate redemption codes and redeem them in their business premises using QR scans;
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  • members (End customers, consumers) can digitally collect, manage and redeem vouchers, tickets, stamp cards and coupons already acquired outside the platform — comparable to a digital wallet for vouchers.
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1.3 Important clarification — no sales via the platform: Via the Perfect Day app and platform deinperfectday.de no Vouchers, tickets, or coupons are sold. Sales are conducted exclusively by the respective provider (in their physical store, online shop, or via other sales channels). The platform merely serves as the technical interface. Wallet, in which the member relinquishes and redeems his or her previously acquired entitlements.


1.4 Definitions:


    

  • Provider: commercial user who digitally manages vouchers/tickets via the platform.
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  • MemberConsumers who have created an app account (customer login). The app can also be used without a member account (anonymous mode).
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  • users: Collective term for providers and members.
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  • Provider's content: all texts, images, logos, voucher conditions provided by the supplier.
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1.5 The use of the app by members is for free. Providers may be subject to usage, license, or commission fees; these are agreed upon individually and are subject to a separate agreement.


1.6 These terms of use apply to consumers within the meaning of § 13 BGB (members) and entrepreneurs in accordance with Section 14 of the German Civil Code (BGB) (provider). The respective section clearly indicates which regulations apply to which group.


1.7 Any differing terms and conditions of the user shall not become part of the contract unless expressly agreed to.


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2. Function of the platform — Wallet model


2.1 The platform functions similarly to a digital wallet (Wallet): Merchants generate redemption codes for the vouchers/tickets/coupons they sell. Members can save these codes via the app and redeem them with the respective merchant.


2.2 We are neither sellers nor intermediaries. of the vouchers, tickets or coupons. No contract is formed between DigElite Digital Agency and the member regarding the respective voucher.


2.3 The contractual partner for each voucher purchase is exclusively the respective provider. The provider is for


    

  • Sale, accounting and payment of voucher proceeds,
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  • Redeemability and value of the voucher,
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  • the fulfillment of the promised service,
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  • Taxes, legal obligations (price indication regulations, consumer information obligations, etc.)
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  • Complaints, warranty, guarantee
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The platform operator is solely responsible. In the event of the provider's insolvency or any other service disruption, the platform operator assumes no liability. no liability.


2.4 The voucher data displayed in the app (description, images, validity dates, terms and conditions) is entered independently by the respective provider. We do not conduct any content-related or legal review of this information.


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3. Member account (for consumers)


3.1 The app can both without an account (anonymous mode, device-bound) as well as with account (can be used across devices, with code backup). Account creation is optional.


3.2 Correct and complete information must be provided during registration. Third-party data may not be used without their consent.


3.3 Members are obliged to keep their access data (especially password) confidential and to inform immediately if they suspect any misuse of their account.


3.4 The member account is not transferable.


3.5 Conclusion of contractUpon successful registration, a user agreement for the free account function is concluded between the member and us. The member submits the registration form as a binding offer, and we accept this offer by activating the account.


3.6 Right of withdrawalSince the app is free to use and members have immediate access to the digital service upon account activation, a separate right of withdrawal is neither legally required nor practically feasible. However, members can still manage their account. at any time, without notice and without giving reasons Delete via the app (Profile → Account settings → Delete account).


3.7 The contract language is German.


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4. Vendor account (for entrepreneurs)


4.1 Providers register on the platform using an account created by us or by the provider themselves. A commercial activity is a prerequisite; private individuals cannot act as providers.


4.2 Providers publish their offers independently and are obliged to include their own imprint in their provider profile in accordance with Section 5 DDG (Digital Services Act), insofar as they are required to have an imprint.


4.3 The economic conditions of use (commission, license or flat fees) are agreed individually in writing between DigElite and the provider and are not subject to these terms of use.


4.4 Providers are obliged to comply with the requirements for their content specified in section 6.


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5. Availability, technical availability


5.1 We strive to offer the platform with the least possible downtime, however, we assume no liability. No guarantee of constant or uninterrupted availability.. Maintenance, security and update work may lead to temporary restrictions.


5.2 Insofar as the app is a local storage While the use of codes on the user's device (for anonymous use) is enabled, the user remains responsible for backing up this data. Non-account-linked codes may be lost if the device is lost, changed devices, or the app is deleted. We therefore recommend that members create an account so that the codes are backed up server-side.


5.3 Code redemption in the store: We strive to ensure that redeemed codes are reliably marked as "redeemed" by the provider. This requires an active internet connection at the time of redemption; technical delays are possible with offline redemptions.


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6. Requirements for provider content


Providers are solely responsible for the content they post on the platform. In particular, the following applies:


6.1 Compliance with applicable lawsContent must not violate applicable legal provisions, in particular the Act Against Unfair Competition (UWG), the Price Indication Ordinance (PAngV), the Act on Advertising of Medicinal Products (HWG), the Youth Protection Act or criminal provisions.


6.2 Do not infringe any third-party rightsContent must not infringe any third-party industrial property rights, copyrights, trademark or name rights, personal rights, or data protection rights.


6.3 Prohibited contentThe following content is expressly prohibited on the platform:


    

  • Pornographic, sexually offensive or violence-glorifying depictions
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  • Discriminatory, offensive, racist, sexist, anti-Semitic or unconstitutional content
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  • Advertising for tobacco products, e-cigarettes or related products
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  • Advertising for alcoholic beverages aimed at minors
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  • Advertising for gambling, unless expressly permitted
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  • Advertising for prescription drugs contrary to the provisions of the German Medicines Advertising Act (HWG).
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  • Content that violates youth protection laws
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  • Political, religious or ideological advertising, insofar as it is likely to significantly impair the legitimate interests of third parties.
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  • Content that incites or encourages the commission of criminal offenses
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  • Misleading or comparative advertising within the meaning of the German Unfair Competition Act (UWG).
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  • Pyramid or Ponzi schemes, "get-rich-quick" schemes
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6.4 HyperlinksIf the provider links to external sites, they are responsible for their technical availability and legality.


6.5 Voucher validityProviders can set a specific validity period for each voucher. We recommend a minimum validity of 12 months to meet consumer expectations. The statutory limitation period for vouchers is generally three years from the end of the calendar year (§§ 195, 199 BGB).


6.6 Legal notice requirement: Providers are required to include a complete legal notice in their provider profile in accordance with § 5 DDG, insofar as they are subject to legal notice requirements.


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7. User Obligations and Conduct


7.1 Users may only use the platform for the purposes described in these terms and conditions.


7.2 Users agree to, no To take measures that compromise the technical integrity of the platform, in particular:


    

  • Do not use any automated scripts, bots or crawlers unless we have explicitly permitted it.
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  • to bypass any security mechanisms
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  • to not use the platform for spam, phishing or other abuse
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  • not to deliberately manipulate the device identifier of the app in order to force multiple redemptions
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7.3 Multiple attempts to redeem the same voucher using the same code are technically detected and automatically prevented. We reserve the right to take legal action against any attempts at misuse.


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8. Blocking and deleting accounts


8.1 We are entitled to block accounts and content at any time for legitimate reasons, if


    

  • a user violates these terms of use or applicable law,
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  • There is a suspicion of misuse,
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  • a user violates required cooperation obligations despite being requested to do so.
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Before a suspension, prior notification and an opportunity to comment will be provided whenever possible. In cases of serious violations, immediate suspension without prior notice is permissible.


8.2 Self-deletion by membersMembers can delete their account themselves at any time (Profile → Account Settings → Delete Account). Deletion permanently removes personal data; technical redemption data (audit trail) is retained in accordance with legal retention periods but is decoupled from the individual.


8.3 Automatic anonymization of inactive member accounts after 4 years (1.24.14+):


Member accounts with the role "PerfectDay Member (App)" that Not actively used for more than 4 years Those who have not registered, redeemed, or changed their profile will be automatically anonymized:


    

  • Personal data (name, email address, phone number, address, year of birth, avatar) will be deleted.
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  • Redemption dates and redemption events remain unchanged. — they must be retained for accounting and tax law reasons (§ 147 AO).
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  • The account itself is transferred into an anonymized state; recovery of personal data is no longer possible after anonymization.
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We opted for a four-year period decided because vouchers on average valid for three years or longer This is possible — we want to avoid active codes being lost due to an inactivity period that is too short. As soon as the member logs in or uses the app with authentication, the four-year period starts anew.


8.4 Provider accounts and other user roles Administrators, editorial staff, and provider employees are not subject to automatic anonymization. Termination of the provider relationship occurs through ordinary or extraordinary termination in accordance with the individual provider agreement.


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9. Intellectual Property Rights


9.1 The app's software, web platform, logos, brand names, and other content of DigElite Digital Agency are protected by copyright. Any use beyond the intended use of the app/platform is prohibited without our express consent.


9.2 Content published by a provider on the platform remains the property of the provider. The provider grants us the simple, non-exclusive right to use this content within the scope of the platform's functionality (app, web view, preview, statistical aggregation).


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10. Liability


10.1 Disclaimer for provider content and provider servicesDigElite Digital Agency provides only a technical infrastructure (digital wallet) with the Perfect-Day platform. We are neither sellers nor intermediaries of the vouchers, tickets, or coupons. We assume no liability for


    

  • The timeliness, accuracy, completeness, redeemability or value of a voucher,
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  • the delivery or fulfillment of the service promised by suppliers,
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  • Complaints, warranty or guarantee arising from the voucher contract,
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  • Financial payouts, tax obligations, booking or accounting of the provider
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is therefore expressly excluded. This liability rests solely with the respective provider who is the contractual partner of the member.


10.2 General Limitation of LiabilityRegarding our liability for damages, the following applies:


10.2.1 In cases of intent and gross negligence, including that of our vicarious agents, we are liable in accordance with statutory provisions. The same applies to damages caused by negligence resulting in injury to life, body, or health.


10.2.2 In the case of negligently caused damage to property and assets, we and our vicarious agents shall only be liable for breaches of a material contractual obligation, however, the amount of liability shall be limited to the foreseeable and typical damages at the time of conclusion of the contract; material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.


10.2.3 Furthermore, liability is excluded, regardless of its legal basis, unless we are liable by law, in particular due to the assumption of a guarantee or under the Product Liability Act.


10.3 The foregoing liability provisions shall apply accordingly in favor of our officers, employees and agents.


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11. Release


Users (especially providers) indemnify DigElite Digital Agency against all third-party claims arising from a breach of these terms of use or applicable law by the user — in particular in the case of unlawful content, infringements of intellectual property rights or violations of consumer protection law in connection with sold vouchers.


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12. Changes to the Terms of Use


12.1 We may amend these Terms of Use if this is necessary for legal reasons (change in the law, supreme court rulings, official order) or to adapt to new features of the platform.


12.2 Members will be informed of any significant changes at least 30 days before they take effect, in writing (e.g., via push notification and app alert). If the member does not object within this period, the amended terms and conditions will be deemed accepted. In the event of an objection, we are entitled to terminate the user agreement upon the effective date of the change.


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13. Online Dispute Resolution


13.1 The EU Commission states under https://ec.europa.eu/consumers/odr provides a platform for online dispute resolution.


13.2 We are not obligated and not willing, to participate in a dispute resolution procedure before a consumer arbitration board.


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14. Applicable Law, Jurisdiction


14.1 The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state in which a member has their habitual residence remain unaffected.


14.2 The place of jurisdiction for transactions with merchants, legal entities under public law, or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to bring legal action at the customer's place of business.


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15. Final Provisions


15.1 Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely approximates the economic purpose pursued by the invalid provision.


15.2 In the event of discrepancies between the German and a foreign language version of these Terms of Use, the German version shall prevail.