Terms for businesses and advertisers

1. Scope

These general terms and conditions apply to all contracts between Paulius Sapranauskas Einzelunternehmen, trading as “EloYellow Brasil”, Bahnhofstraße 33, 76703 Kraichtal (“we”) and businesses that take over, create or manage a listing on EloYellow Brasil, book packages or place advertising (“you”).

Our services under these terms are aimed at traders within the meaning of Section 14 of the German Civil Code (BGB), meaning persons and companies acting in the course of their commercial or independent professional activity, and at associations and institutions acting as organisers or providers. By registering and with every order you confirm that you are acting as a trader, unless you expressly book Premium as a consumer.

You can also book the Premium plan as a consumer within the meaning of Section 13 BGB. These terms then apply with the special rules in section 21; where section 21 provides otherwise, it takes precedence. We offer all other paid services (advertising spaces, featured placements, social media posts, wholesale packages) to traders only.

The Terms of use apply in addition. Deviating terms and conditions only apply if we expressly accept them in text form. These terms also contain the information required by Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (P2B Regulation).

The contract language is German. Translations of these terms are for information only.

2. Our services

Free basic profile: you can take over an existing listing or create a new one and manage it free of charge: contact details, address, opening hours, description, one main photo (cover photo) and a link to your Google Business Profile.

Paid services: in addition, we offer the Premium plan with an extended profile and more visibility, featured placements in lists and on the home page, advertising spaces, event highlights, posts on our social media channels and packages for wholesale suppliers. Scope, term and price are set out in the service description under For businesses and Advertise, in our offer and in the order confirmation.

Premium plan: Premium comes with two billing periods: paid yearly for €468 net per year (equal to €39 net per month) or paid monthly for €49 net per month, in each case plus VAT. It includes everything in the free basic profile and in addition: your listing appears in all lists for its category and its city or region (category and city pages, search results) before the listings without Premium and carries the label “Sponsored” there (section 7); your Google review link with the “Write a review” button on your profile; up to 20 photos; up to 20 services, products or dishes with a photo, short description and price; the “Premium” badge on your profile. Your listing may also appear on the home page in the section for sponsored businesses; there is no entitlement to this spot. The exact scope is set out in the service description under For businesses.

No guarantee of success: we owe the agreed service, but no particular number of views, clicks, enquiries or reviews, no particular position and no turnover. Figures on expected impressions are estimates based on past periods.

We keep developing our services. We do not restrict essential parts of paid services during the booked term.

3. Registration, takeover and verification

To manage a listing you need an account. If you take over an existing listing, you prove that you may act for the business, for example with a code we send to the business address, with a call back on the public business number, with an email address on the business’s domain or with proof of registration in a commercial or trade register. Verification is free for all businesses and does not depend on any package.

We may refuse a takeover if the authorisation is not sufficiently proven and revoke it if it later turns out that the authorisation was missing.

You can give other people in your business access. You are responsible for what they do in the account.

4. Your obligations

• Your information must be correct, complete and up to date. You enter changes, for example to opening hours or prices, promptly.
• Your content must be lawful. This applies in particular to competition and pricing law, trade mark law, copyright, the German Therapeutic Products Advertising Act (Heilmittelwerbegesetz: no promises of healing, no before and after pictures for procedures that are not medically necessary), Regulation (EC) No 1924/2006 on nutrition and health claims for food and supplements, and the protection of minors.
• You must not buy reviews, have them written or post them yourself for your business or for competitors. You must not offer anything in return for reviews, including discounts or prize draws.
• You do not use the platform to advertise gambling and do not advertise alcohol to children and young people.
• If you receive enquiries or personal data through the platform, you handle them in accordance with data protection law; you are responsible for this data.
• Keep your login details secret.

5. Content and rights of use

All rights in your content (texts, photos, videos, logos, deals) remain with you. You grant us a simple, free, territorially unlimited right to make this content publicly available and reproduce it on our website, in our apps and in our newsletter during the term of the contract, and to adapt it technically (format, cropping, compression, translation). For posts on our social media channels this only applies unless you object; paid social media posts are governed by the respective order.

You confirm that you hold all necessary rights, in particular the rights of use of the authors and the consent of the people shown. If third parties assert claims against us because of your content, you indemnify us against them and bear the reasonable costs of legal defence, insofar as you are responsible for the infringement. We will inform you of such claims without delay.

After the contract ends, we remove your content from public view within 30 days.

6. Reviews

The same rules on reviews apply to all businesses, regardless of any package. Reviews cannot be bought, removed for payment or moved. You can reply publicly to any review free of charge and report reviews you consider illegal. How we examine complaints is explained in the Review policy.

7. Ranking and paid placement

Under Article 5 of the P2B Regulation, we set out the main parameters that determine the order of listings and their relative weighting. The detailed description is in Ranking transparency.

• Featured placements (Ad): booked placements for a place, a category or a language appear above the other results and carry the label “Ad”. Weighting: overriding.
• Premium: in the default order, all listings with the Premium plan come directly after the featured placements and before all other listings in the list, with no fixed number of slots. In lists they carry the label “Sponsored”, so it is clear that a paid plan exists. Among them, the following parameters apply. Weighting: overriding.
• Match: first listings whose main category matches the list (under “Restaurants”, Brazilian cuisine and churrascarias) or, in a search, the search term, or whose name contains the search term; then the other results. Weighting: high.
• Claimed listings: within the match, listings that the business has claimed (with an account with us) come before the others. Claiming is free and does not depend on any plan. Weighting: high.
• Distance: with a place, the closest listings first, measured from the centre of the city, the postcode or the user’s location. Weighting: high.
• Completeness: without a place and at equal distance, listings with opening hours, a way to get in touch, an own text, an own photo and a link to Google Maps come first. Weighting: medium.
• Name: alphabetical when everything else is equal. Weighting: low.

A search term decides which listings appear; we search the name, categories, place, description and services. If users choose a sort order themselves, for example by distance, rating or recency, only that order applies. Whether a listing is verified, whether you reply to reviews, how often your listing is viewed, how new it is and the stars on Google Maps do not affect the order.

The weighting has the following reasons: someone opening a list is looking for the matching category nearby first. Complete listings with opening hours and ways to get in touch help with the decision. Claimed listings are maintained by the business itself, so their details are usually more up to date. Packages and ads finance the free directory; we disclose their effect and label paid placements.

8. Differentiated treatment

The free listing and the Premium plan differ in the scope of the profile (number of photos, services, products or dishes with a photo) and in visibility under section 7. The differences are set out in the service description. Within the match, claimed listings come before unclaimed ones (section 7); claiming is free for everyone. Beyond that, we treat all businesses equally: we assign categories and places according to the actual offer, not according to a plan. We do not ourselves offer goods or services that compete with yours. We do not show advertising on profile pages, neither on free nor on paid profiles.

9. Data about your listing

For your listing we record daily counts of views, impressions in lists, clicks on contact options and saves, as well as reviews and reports. You see aggregated statistics in your area; their scope depends on the package. We only pass on users’ personal data to you where they contact you directly, for example with an enquiry. We do not pass on data about your listing to third parties, except to our processors or because of legal obligations. After the contract ends, the aggregated statistics without personal reference remain with us; on request we send you an export of your statistics within 30 days of the end of the contract.

10. Prices and payment

All prices are subject to statutory VAT; to consumers we state total prices including VAT (section 21). For businesses established in another EU Member State with a valid VAT identification number, the reverse charge procedure applies. Please send us the number before or right after booking; we then issue an invoice without German VAT and refund any VAT already charged.

Paid services are payable in advance for the respective billing period. We state the available payment methods when you order; payment may be processed by a payment service provider. You agree that we send invoices electronically, as a PDF or as an e-invoice.

Booking Premium: you book Premium in your area under “Plan”, paid yearly or paid monthly. Before you complete the booking you choose whether you book as a business or as a consumer and see the plan, the billing period and the price, as a business net plus VAT. By clicking the button “Subscribe with obligation to pay” you make a binding offer. You are then taken to Stripe’s payment page, where you enter your payment details and confirm the payment. The contract with Paulius Sapranauskas Einzelunternehmen is concluded as soon as the payment is confirmed and we confirm the booking, at the latest when the package is activated. If you cancel the payment, no contract is concluded.

Payment via Stripe: payments are processed by the payment service provider Stripe (Stripe Payments Europe, Limited, Ireland). You can use the payment methods Stripe offers at checkout, for example card or SEPA Direct Debit. You enter your payment details directly with Stripe. When a package renews, we collect the amount for the next period via the stored payment method.

Invoices: for every payment you receive an invoice by email at the address you give when booking. You also find invoices and your payment method in the customer portal, which you reach via “Plan” in your area.

If you are in default of payment, we may, after a reminder with a 14-day deadline, suspend paid functions until payment is received. Statutory default interest and the lump sum under Section 288(5) BGB remain unaffected.

11. Term and termination

Basic profile: the contract runs for an indefinite period. You can terminate it at any time without notice. On request we will then also remove the listing; your right to object under Art. 21 GDPR remains unaffected.

Premium plan (yearly payment): term of twelve months from booking, renewed by twelve months at a time. You can terminate at any time with effect from the end of the current term.

Premium plan (monthly payment): term of one month, renewed by one month at a time. You can terminate at any time with effect from the end of the current month.

Premium for consumers: if you book as a consumer, the rules on term and termination in section 21 apply.

Individual orders such as featured placements, advertising spaces or social media posts end with the agreed term without the need for termination.

Cancelling Premium: you can cancel Premium at any time: when paid monthly with effect from the end of the current month, when paid yearly with effect from the end of the current yearly term. You do this in the customer portal, which you reach via “Plan” in your area, without logging in via “Cancel contracts here” (cancellation page) or in text form to info@eloyellow-brasil.de. The plan stays active until the end of the period. After that your listing continues as a free basic profile.

Changing the billing period: in the customer portal you can switch from monthly to yearly payment. The yearly term then starts with the switch; we credit the unused part of the current month. A switch from yearly to monthly payment takes effect at the end of the current yearly term.

You can terminate in your area, via “Cancel contracts here” at the bottom of every page (cancellation page) or in text form to info@eloyellow-brasil.de. The right of both parties to terminate for good cause remains unaffected.

12. Restriction, suspension and termination by us

We may remove content, hide your listing, suspend functions or block your access if

• information is incorrect or the business no longer exists,
• content is illegal or violates these terms,
• there is a suspicion of manipulation of reviews, statistics or rankings,
• you are in default of payment (section 10),
• an authority or a court orders it or a law requires it.

If we restrict or suspend our services, we inform you of the reasons at the latest when the measure takes effect (Art. 4(1) P2B Regulation). If we terminate the cooperation as a whole, we notify you at least 30 days in advance and give reasons (Art. 4(2) P2B Regulation). We may only terminate without this notice period if a legal obligation requires us to, if we have to act for compelling reasons under applicable law or if you repeatedly violate these terms (Art. 4(4) P2B Regulation). In every case you can explain the circumstances to us through the complaint route under section 14; if a measure turns out to be unfounded, we lift it without delay.

13. Changes to these terms

We notify you of changes to these terms by email at least 15 days before they take effect (Art. 3(2) P2B Regulation). If the change requires technical or commercial adjustments on your side, the notice period is longer. Until the changes take effect, you can terminate the contract without notice. You can waive the notice period by telling us so in text form or by posting new content after the notification; this does not apply where the notice period is longer because adjustments are required.

If you booked Premium as a consumer, the rule on changes in section 21 applies instead of this section.

14. Complaints and mediation

You can send complaints about our decisions, technical problems or measures under section 12 to info@eloyellow-brasil.de at any time. We examine every complaint, reply within a reasonable time and tell you the outcome.

As a small company we are not obliged to maintain an internal complaint-handling system under Article 11 or mediators under Article 12 of the P2B Regulation. Mediation can be agreed in individual cases. Your right to go to court remains unaffected.

15. Other distribution channels

We may show listings, deals and events outside the website, for example in our newsletter, in our apps and on our social media channels. We do not use third-party affiliate programmes for this. You can object to use on our social media channels at any time.

16. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and within the scope of a guarantee we have given. In the case of slight negligence, we are only liable for breach of essential contractual obligations and limited to foreseeable damage typical for the contract. Otherwise our liability is excluded.

17. Data protection

We are the controller for the processing of personal data on the platform; details are in the Privacy policy. You are responsible for data you receive through the platform, for example enquiries.

18. Events

If you enter events, you state the age rating and comply with the German Youth Protection Act (Jugendschutzgesetz). You enter changes and cancellations without delay. Section 5 applies to photos of the event; without their consent you do not publish close-ups of recognisable guests.

19. Advertising

We label advertising and featured placements as “Ad” and name the advertiser. We check advertising before publication and may refuse or remove advertising material that violates laws or these terms. Advertising is based on the place, category and language of the page, not on visitors’ personal data.

20. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Kraichtal. Declarations under this contract may be made in text form, for example by email. If a provision is invalid, the rest of the contract remains valid.

21. Premium for consumers

Scope: this section applies if you book Premium as a consumer within the meaning of Section 13 BGB, meaning for purposes that are predominantly outside your trade, business or profession. When booking, you choose “Private person (consumer)” for this. The confirmation that you act as a trader (section 1) does not apply to this booking. Otherwise the other sections apply unless this section provides otherwise.

Prices: we state total prices including 19% VAT: Premium paid yearly €556.92 per year (equal to €46.41 per month), Premium paid monthly €58.31 per month. We do not charge any other costs. Payment is made in advance for the respective period via Stripe (section 10).

Conclusion of the contract: before booking you see the plan, the billing period, the total price, the term, the cancellation conditions and the withdrawal information. Until you click the button “Subscribe with obligation to pay” you can correct your details or cancel the booking. With this button you place your order with an obligation to pay. You are then taken to the payment page of Stripe, where you enter your payment details and confirm the payment. The contract is concluded as soon as the payment is confirmed and we confirm the booking, at the latest when the package is activated; if you cancel the payment, no contract is concluded. After that we send you a confirmation by email with the content of the contract, the withdrawal information and the model withdrawal form. We store the booking data; you find it in your area under “Plan” and in the customer portal. These terms are available on this page in their current version; the confirmation states the version (date and number) that applied to your booking.

Right of withdrawal: you have a statutory right of withdrawal of 14 days from the conclusion of the contract. The details, the model withdrawal form and a form to withdraw online are in the withdrawal information.

Start before the end of the withdrawal period: Premium starts as soon as it is activated. For this, when booking you expressly request that we begin before the end of the withdrawal period and confirm that you know that, if you withdraw, you pay a proportionate amount for the service provided until then and that your right of withdrawal expires once the contract has been fully performed (Section 356(4) and Section 357a(2) BGB). Without this request we cannot accept the booking. We calculate the proportionate amount by the day from the total price of the current billing period and refund the rest within 14 days using the means of payment you paid with.

Term and termination: when paid monthly, the contract runs for an indefinite period; you can terminate at any time with effect from the end of the current month. When paid yearly, there is a minimum term of twelve months from booking; you can terminate at any time with effect from the end of the minimum term. After that the contract continues for an indefinite period, and you can terminate it at any time with one month’s notice. Payment stays yearly in advance; if the contract ends before the end of a paid year, we refund the share for the time after the end of the contract. You can terminate without logging in via “Cancel contracts here” at the bottom of every page (cancellation page), in the customer portal or in text form to info@eloyellow-brasil.de. We confirm a termination via the cancellation page immediately by email with the date and time of receipt.

Changes to these terms: section 13 does not apply to you. Changes only take effect for you if you agree to them. If you do not agree, your contract continues on the previous terms.

Law and dispute resolution: the choice of German law (section 20) only applies insofar as it does not deprive you of the protection of mandatory provisions of the country in which you have your habitual residence. The rule on the place of jurisdiction in section 20 does not apply to you. Information on consumer dispute resolution is in the imprint.