1. Parties and eligibility
This Agreement is between you (the "Operator") and Berlinexperiences DMC UG, Gotlandstraße 10, 10439 Berlin, Germany ("Guild"). The Operator must be acting in the course of its trade, business, or profession (Unternehmer in the sense of § 14 BGB). By accepting this Agreement you confirm that you are an Unternehmer.
2. Membership
The Operator Membership includes:
- An Operator profile with operator-tier fields (website, contact, full bio).
- Unlimited job posting on the city's jobs board.
- Priority placement of operator job posts in the priority lane.
- Push delivery of new operator job posts to qualifying guides.
- Operator badge displayed on profiles and posts.
- Full visibility of guides in the directory (additional fields beyond the public set).
- Direct messaging and forum participation as set out in the Terms of Service.
3. Price and billing
The Operator Membership is offered at the following prices, in euros, exclusive of VAT where applicable (reverse charge applies to EU B2B customers outside Germany):
- Weekly: €5.00 per week, billed weekly via Stripe, auto-renewing until cancelled.
- Annual: €200.00 per year, billed annually in advance via Stripe, auto-renewing until cancelled. Net effective rate ≈ €3.85 per week.
We may adjust prices with at least 30 days' written notice. If you do not accept the new price you may cancel before it takes effect.
Invoices are issued by Stripe on Guild's behalf and made available in the Stripe customer portal. The Operator is responsible for providing a valid VAT identification number where required.
4. Operator content and warranties
The Operator warrants that all content it submits — job posts, profile data, photos, links — is accurate, owned by the Operator or used with permission, complies with the Acceptable Use Policy and applicable law, and does not misrepresent the nature of the engagement on offer. Job posts must reflect a real opportunity, must state the pay rate honestly, and must comply with applicable employment and self-employment law.
5. Relationship between Operator and Guides
Engagements concluded with guides through Guild are concluded directly between the Operator and the guide. Guild is not a party to those engagements and is neither principal nor agent. The Operator is responsible for ensuring that each engagement is correctly characterised under applicable law (self-employed contractor vs. employee), that the guide holds any required licences, and that the Operator's own obligations regarding insurance, social-security contributions, and tax are met.
The Operator agrees not to represent to a guide, customer, or third party that Guild is the employer, agent, or guarantor of the engagement.
6. Cancellation
The Operator may cancel its subscription at any time from the in-app Membership screen or from the Stripe customer portal. Cancellation takes effect at the end of the current billing period; the Operator's membership continues until that date. No pro-rata refund is given for the current period.
Because this Agreement is concluded between businesses, the statutory consumer right of withdrawal does not apply (§ 312g(1) and § 312g(2) BGB).
7. Suspension and termination by Guild
Guild may suspend or terminate the Operator's membership for material breach of this Agreement, the Acceptable Use Policy, or applicable law — in particular for the posting of fraudulent or misleading job listings, for hiring misrepresentation, for non-payment, or for treatment of guides in a manner that brings the platform into disrepute. Where Guild terminates without cause, it refunds the unused portion of the current billing period on a pro-rata basis.
8. Data and privacy
Personal data is processed as described in our Privacy Policy and kept for the durations set out in our Data Retention Policy.
9. Liability
Liability between Guild and the Operator is limited as set out in §10 of the Terms of Service. For Unternehmer this includes the exclusion of liability for indirect damages, loss of profit, and consequential loss to the extent permitted by law.
10. Governing law and venue
This Agreement is governed by German law. The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement is Berlin, Germany. We do not participate in consumer-arbitration proceedings.