Terms of use

1. Scope and provider

These terms of use apply to the use of EloYellow Brasil, our website and our accounts. The provider and your contracting party is Paulius Sapranauskas Einzelunternehmen, trading as “EloYellow Brasil”, Bahnhofstraße 33, 76703 Kraichtal (“we”).

For businesses that take over or manage a listing or book services, the Terms for businesses and advertisers also apply. How we handle data is explained in the Privacy policy.

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

2. Our services

EloYellow Brasil is a free directory of businesses, services, products and events with a Brazilian connection. Without an account you can search and view profiles, deals, events, guides and recipes. With a free account you can save listings and set up notifications.

Listings come from the businesses themselves or from publicly accessible sources (Data sources and licences). We check them with reasonable effort but cannot guarantee that all information such as opening hours, prices or dates is complete and up to date.

Contracts you conclude with a business, such as a booking or a purchase, are made only between you and the business. We are not a party to them.

We keep developing the directory and may change, extend or discontinue functions where this is reasonable for you. There is no right to permanent availability; where possible we carry out maintenance at quiet times.

3. Account

• You may create an account from the age of 16. It is free and personal; do not pass it on to others.
• Your details must be correct. You confirm your email address through a link we send you.
• Keep your password secret. If you suspect that someone is misusing your account, change the password and write to us.
• Your display name appears on your reviews. It must not impersonate other people or businesses, insult anyone or contain advertising.

4. Your content

You are responsible for the content you post, such as reviews, replies, photos or reports. Such content must be lawful and follow these rules:

• Describe your own experiences. Opinions are allowed, including strong criticism; statements of fact must be true.
• No insults, defamatory criticism, threats, hate speech or discrimination.
• No personal data of others, such as names of staff, phone numbers or information about other people’s health.
• No advertising, spam or links to other offers.
• Only content for which you hold the necessary rights. People recognisable in photos must agree.
• No reviews of your own business, of competitors or in return for a benefit. Details are in the Review policy.

5. Rights in your content

The rights in your content remain with you. So that we can show it, you grant us a simple, free, territorially unlimited right to make it publicly available on our website and in our apps for as long as it is published, to adapt it technically (for example the format and size of images) and to translate it by machine. We label machine translations. In previews, for example in lists, we show excerpts with a reference to the full content.

You confirm that you hold the necessary rights. If you delete content, we remove it from public view within a reasonable time.

6. Prohibited use

It is not permitted to

• read out content or data from the directory automatically or copy it systematically, for example with crawlers or scrapers; search engines acting within our robots.txt are excepted,
• circumvent security measures or limits or overload the website,
• manipulate reviews, statistics or the order of listings, for example through bought reviews, multiple accounts or artificial clicks,
• misuse the reporting or objection procedures, for example with deliberately false information,
• spread malware or harass others.

7. Moderation and measures

We do not generally check content before publication, but we act when we become aware of illegal or impermissible content. This is how we proceed:

• Reports: anyone can report content (Report content). We review reports promptly, carefully and without arbitrariness.
• Measures: depending on severity and repetition, we may remove or block content, restrict its visibility, suspend individual functions or suspend or terminate an account. We choose the mildest measure that is sufficient and take the circumstances into account, for example whether a violation is obvious or repeated.
• Statement of reasons: if we restrict your content or account, we inform you with reasons under Article 17 of the Digital Services Act (DSA): what we did, on the basis of which facts, whether we used automated means, which rule or law is concerned and how you can challenge the decision.
• Objection: you can write to us about any decision. A person will then review it again. You can also go to court. As a small company we are not obliged to offer an internal complaint-handling system under Article 20 DSA or out-of-court dispute settlement under Article 21 DSA; we still review your objections.
• Misuse: if someone repeatedly submits manifestly unfounded reports or posts manifestly illegal content, we may, after a prior warning, suspend their reports or account for a reasonable period.
• Criminal offences: if we learn of a criminal offence involving a threat to the life or safety of persons, we inform the competent authorities (Article 18 DSA).

8. Order and advertising

How we sort listings in lists and search results and what role paid packages play is explained in Ranking transparency. We label paid placements and advertising as “Ad”.

9. Liability

Our services are free of charge for you. We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act. In the case of slight negligence, we are only liable for breach of an essential contractual obligation, meaning an obligation whose fulfilment makes the use possible in the first place and on which you may rely, and then only for foreseeable, typical damage.

The businesses or users concerned are responsible for third-party content such as listings, deals, events and reviews. We are only liable for it if we have knowledge of illegal content and do not act promptly. The operators of websites we link to are responsible for them.

10. Term and termination

The contract for your account runs for an indefinite period. You can terminate it at any time by deleting your account or writing to us.

We may terminate with two weeks’ notice by email, for example if we discontinue the service. For good cause, for example in the event of serious or repeated violations of these terms, we may terminate without notice; we will tell you the reasons.

What happens to your data and reviews after you delete your account is explained in the Privacy policy.

11. Changes

We may change these terms if there is an objective reason, for example new functions or changes in the law. We will notify you of material changes by email at least four weeks in advance. Changes that materially affect your rights or obligations only apply with your consent. If you do not agree, you can delete your account; we may then terminate the contract with the notice period under section 10.

12. Applicable law and dispute resolution

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, you keep the protection of the mandatory provisions of that country.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

13. Contact

We answer questions about these terms at info@eloyellow-brasil.de. Our points of contact under the DSA are listed in the Imprint.