Phrasery App Terms and Conditions

Preamble Phrasery

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§ 1Scope of application

(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts, in particular to

contracts for the provision of services, especially the digital services of the Canva app Phrasery.

between

Michaela Moreels – Kreavisia – Creative Software Studio
Kieselstr. 47
66125 Saarbrücken

(more information in the legal notice: https://www.kreavisia.com/imprint.html )

(hereinafter referred to as “Provider,” “we,” or “us”)

and you

(hereinafter referred to as “ User,” “you,” or “your”).

(2) The Terms and Conditions apply regardless of whether you are a private consumer or a business customer.

(3) You are a “consumer” if you are a natural person who enters into a contract with us for purposes that are predominantly neither commercial nor your independent, freelance, public-law, or non-profit professional activity.

(4) You are a “ business customer” if you are a natural person or if you conclude a contract on behalf of a legal entity or a partnership with legal capacity that, at the time of concluding the contract with us, is acting in the exercise of its commercial, freelance, self-employed, public-law, or non-profit professional activity.

(5) These Terms and Conditions apply to all of our platforms. “Platforms” are all sales and operations channels and services used by us. In particular, these are our websites or apps and our profiles on websites or apps of third contractual partners, in particular the Canva platform (Canva.com).

(6) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall be decisive. Deviating terms and conditions shall not be accepted. This shall also apply if we have not expressly objected to their inclusion. Other provisions may apply if these General Terms and Conditions stipulate otherwise in individual cases. If legal texts or documents have been translated into a language other than German, the German legal texts or documents are legally binding and therefore applicable—the translated legal texts or documents serve solely to aid understanding.

(7) All agreements made between you and us in connection with a service are based in particular on an order or commission and the associated annexes, our confirmation, our acceptance, and, in addition, unless otherwise specified therein, these GTC. These General Terms and Conditions shall also apply to subsequent orders or commissions that you place during or after the term of the contract, unless other General Terms and Conditions have been included at that time.

(8) With the exception of written amendments and additions to these General Terms and Conditions, electronically or digitally created documents or records shall be deemed equivalent to written documents or records.

(9) These General Terms and Conditions also apply to other contracts concluded between you and us, unless there are specific General Terms and Conditions relating to the other type of contract and clauses of these General Terms and Conditions can be applied in terms of content.

§ 2Scope of services

(1) Through the Canva app Phrasery, we provide digital services in the field of creating, using, processing, collecting, and reusing texts, text patterns, and text templates on the Canva.com platform.

We provide services in the following packages:

• Free services: BASIC (limited number of modules)
• Paid services: PLUS (unlimited number of modules)

(2) To use our services on the Canva platform, you will be given access to software, online databases, functions, operating systems, documentation, and all other components of our software (“Services”). You can use the Services via the Canva platform and our platforms—in particular via the Canva mobile apps for iOS and Android and Canva websites.

(3) The scope of our services in each individual case is determined by:

• Your order or commission, regardless of which of our platforms you use to place it, in particular in the case of an online order (e.g., the service description as part of the commissioning or ordering process, on the website, or in the app)

Any order or request that exceeds the agreed scope of services or the agreed time allocation of the order or contract, or any change request that deviates from it, requires a separate agreement and shall be remunerated separately.

§ 3Remuneration and implementation

(1) We receive remuneration for our services in accordance with your order or assignment in accordance with the paragraph on the scope of services.

(2) We undertake to perform the contractually agreed services carefully and conscientiously. We are not obligated to achieve a specific result.

(3) We are entitled to engage third parties, in particular subcontractors, to perform the service.

(4) If a service is provided in accordance with the contract using artificial intelligence or AI tools such as OpenAI GPT-4, no liability is assumed for the accuracy and completeness of the results obtained or for possible legal violations through the use of such tools—in particular for the protection of third-party rights such as data protection, copyright, or trademark rights. The provision of such services is carried out exclusively by the AI tool and is not checked by us either in the process or in the result. You are responsible for checking the legal and content-related aspects.

(5) If a service is provided free of charge in accordance with the contract, no liability is assumed for the accuracy and completeness of the results obtained in this way, with the exception of resulting damage to life, limb, or health and in accordance with the Product Liability Act. You are responsible for checking the content.

§ 4Conclusion of contract

(1) When we present our services on our platforms and third-party platforms (in particular the Canva stores), we are not making a binding offer to conclude a contract. The presentation is merely a non-binding display. Our offers and cost estimates are subject to change.

(2) You can place a legally binding order or commission in any way offered by our platforms or suggested by us in individual cases. In particular, you can place an order or commission as follows:

• By clicking on an order or commission button on our platforms, in particular on our websites and apps, as well as on our profiles on third-party websites and apps.

You are bound by the order or commission for a period of two weeks after its submission.

(3) By placing an order or commission, you also agree to these Terms and Conditions and to data processing in accordance with our Privacy Policy. If you use the app on third-party platforms (e.g., Canva.com), the terms and conditions and privacy policy of the respective third-party provider apply insofar as there are overlaps in content—in particular with regard to the terms of payment, the right of withdrawal, the provisions on user accounts and registration, the privacy policy, the end user license agreement for licensed applications (EULA), or the availability of services.

(4) We can confirm receipt of the order or request

• by email to the email address you have provided or used, or by message within our platforms, in particular within our websites and apps, as well as our profiles on third-party websites and apps.

The confirmation does not constitute a binding acceptance of the order or assignment, unless the confirmation of receipt is accompanied by a declaration of acceptance. We always confirm the order or assignment ourselves. However, a third party may also issue a confirmation on our behalf if you have ordered or commissioned our service on third-party platforms, in particular a third-party website or app.

(5) A contract between you and us is only concluded when we

• expressly accept the order or your request.
• begin providing the service.
• issue an invoice.
• provide the service, either in whole or in part.
• you set up an account on our platforms – whether by registering, transferring your data from a third-party provider, or in any other way.

Acceptance may take place at the same time as confirmation.

(6) If there are several contractual partners—in particular if the order or commission was placed jointly by several persons—or if the contractual partner is a partnership, the contractual partners or the partners of the partnership shall be jointly and severally liable for our claim. We are entitled to rely on the instructions and information provided by a single contractual partner or partner in a partnership when executing the contract, in particular without consulting the other contractual partners or partners in a partnership, unless another party objects in writing. An objection entitles us to terminate the contract on the basis of and with the consequences of a lack of cooperation.

(7) When concluding contracts with users whose place of residence or business is abroad, we reserve the right to commence performance of the contract only after receipt of our remuneration plus any ancillary costs (advance payment reservation).

§ 5Registration

Because the app is downloaded from third-party platforms, the terms and conditions and privacy policy of the third-party provider Canva apply with regard to registration.

§ 6Prices, payment, default, terms of payment, offsetting, right of retention, third-party payment claims

(1) Unless otherwise stated or agreed in individual cases, the prices quoted by us are gross prices including sales tax.

(2) Unless otherwise agreed between you and us, our remuneration is due upon conclusion of the contract and before the respective service is provided. It is payable immediately upon dispatch of our invoice (invoice date). If payment is not made, default of payment occurs. In the event of default, we shall be entitled to claim default interest and further damages in accordance with the statutory provisions. The default interest rate for consumers is 5 percentage points above the base rate per annum in accordance with Section 288 of the German Civil Code (BGB); for business customers, the default interest rate is 9 percentage points above the base rate per annum in accordance with Section 288 BGB.

(3) We enable you to use various payment services and options. You can use any payment method provided by us to make your payment, in particular

• pay us via a third-party platform,
• or pay us via a payment service provider specified by us,

in each case, provided that we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequently.

(4) You use the payment service of a payment service provider by clicking on the payment service provider's button during the ordering process. You will be redirected to the corresponding page of the respective payment service provider. You use the payment service of a third-party platform by downloading our app via that platform. With regard to payment, we only provide access to the page of the respective payment service provider or platform, but do not become a party to the contract. In most cases, in order to use the payment services of a payment service provider or platform, it is necessary to enter into a contractual relationship with the respective payment service provider. The respective contractual terms and conditions, general terms and conditions, and data protection provisions apply.

(5) In the case of a direct debit authorization, a SEPA direct debit mandate, or payment by EC/Maestro or credit card, we will debit your account at the earliest on the due date. A direct debit authorization remains valid for further orders until revoked.

(6) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed, or if you assert complaints or counterclaims arising from the same contractual relationship.

(7) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and has been legally established or is undisputed.

(8) In the event that one of our claims arising from one or more contracts is not paid on time, we are entitled to commission a debt collection agency to collect the outstanding claim. By concluding the contract, you agree that we may transfer the data and information necessary for the collection of the claim to the debt collection agency and that the debt collection agency is entitled to store and process the data. In particular, your name and address, contract date, invoice number, invoice amount, and due date will be transferred.

(9) Payment claims by third parties, in particular fees (any offices, authorities, or similar), fees of third parties involved in the provision of services or any payment claims of these third parties and thus payment matters other than those resulting from the provision of services – in particular public creditors or third parties engaged to provide services on their behalf and for you – are not included in the remuneration and shall be paid by you separately to the respective agencies or persons. This also applies if these expenses are advanced by us; in this case, they must be reimbursed to us.

(10) If the app was downloaded from third-party platforms, the terms and conditions and privacy policy of the respective third-party provider may apply insofar as there is overlap in content.

§ 7Term and termination

(1) Unless otherwise agreed electronically or in writing, the term of the contract shall commence upon dispatch of the order confirmation by the provider to the user.

(2) Unless otherwise agreed electronically or in writing, the contract concluded shall run for an indefinite period.

(3) The contract term is one year and is extended for another year upon expiry if it is not terminated in advance by either party with one day's notice prior to the end of the respective term.

(4) If we terminate the contract for good cause, you are obliged to reimburse us for the costs and fees that can be proven to have been incurred up to the time of termination. The services provided by us up to that point shall be invoiced on a pro rata basis, if possible, otherwise a full invoice shall be issued.

(5) Cancellation can be done in your account or by email.

(6) If, at the time of receipt of the notice of termination, services owed by us have not yet been rendered, we shall be released from our obligation to perform, unless the parties agree in writing on the scope of the services still to be rendered.

§ 8Granting of rights to work results

(1) We acknowledge that all rights to all work results, data or documents used in the work (files, drafts, etc.) or other protectable assets, as well as all property rights to the work results, data, documents, or protectable assets, arise from their use, and/or are embodied in them, are transferred to you only to the extent that the transfer of rights is limited to the contractually agreed, private (i.e., not within the scope of commercial, freelance, self-employed, public-law, or non-profit use) and non-public (i.e., not through publication) use. You hereby accept this transfer.

(2) If the transfer of rights provided for in the preceding paragraph cannot be effectively implemented, we hereby grant you a right of use to the results of our activities and intellectual property rights, subject to the restrictions set out in the preceding paragraph. This also includes new types of use that will only become known in the future. To the extent legally possible, we unconditionally and irrevocably waive all moral rights that exist in already created or future results of activities, including the right to be named and the prohibition of distortion.

(3) You may not transfer the rights granted to third parties.

(4) The above transfer of rights or granting of rights of use shall only take place after full payment of our remuneration.

(5) We may use the results of the activities within the scope of our business operations and freely use them after removing customer-specific details.

(6) Any documents or files sent to you in connection with the performance of the contract, such as presentations, preliminary work, concepts, white papers, or copies, may only be passed on to third parties, published, presented, or used outside the private or internal company sphere with our written consent. No liability is assumed for their completeness or accuracy.

§ 9Withdrawal

(1) If you are an business customer within the meaning of Section 14 of the German Civil Code (BGB), you do not have a right of withdrawal. The following applies to consumers:

Withdrawal policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Michaela Moreels, Kieselstr. 47, 66125 Saarbrücken, email: contact@kreavisia.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

If you have requested that the services commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

SAMPLE WITHDRAWAL FORM

(If you wish to withdraw from the contract, please fill out this form and return it.)

— To Michaela Moreels, Kieselstr. 47, 66125 Saarbrücken, email: contact@kreavisia.com:

— I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)

— Ordered on (*) / received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for paper notifications)

— Date _______________ (*)

- END OF THIS SAMPLE WITHDRAWAL FORM -

(2) The right of withdrawal does not exist, expires, or may be excluded if there is a legally regulated case, a corresponding court decision, or another legal reason. Legally regulated cases arise in particular from Sections 312 g or 356 of the German Civil Code (BGB).

(3) The right of withdrawal expires in the case of a contract for the delivery of digital content that is not stored on a physical data carrier, even if the entrepreneur has begun to execute the contract after the consumer

1. has expressly agreed that the entrepreneur will begin executing the contract before the expiry of the withdrawal period, and

2. has confirmed that he is aware that by agreeing to the commencement of the execution of the contract, he loses his right of withdrawal.

(4) The right of withdrawal expires in particular in the case of a contract for the provision of services, even if the entrepreneur has provided the service in full and only began to perform the service after the consumer had given their express consent and at the same time confirmed their knowledge that they would lose their right of withdrawal upon complete fulfillment of the contract by the entrepreneur. In the case of a contract concluded outside of business premises, the consumer's consent must be transmitted on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal expires, notwithstanding sentence 1, if the contract has been completely fulfilled by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.

(5) The withdrawal must be declared to us.

§ 10Duty to cooperate

(1) You shall support us in the provision of our contractual services by providing appropriate cooperation. For example, you shall provide us with the necessary information, data, circumstances, and conditions without delay. You must be authorized to perform your actions—in particular, transfers or granting access—and, in particular, no third-party rights or official regulations may be violated. You are obligated to maintain the technical requirements for the use of our services in a functional state, in particular, an Internet connection and functional IT.

(2) If you are not authorized to disclose, provide, or transfer control pursuant to paragraph 1, for example due to violations of competition, data protection, trademark, and labeling laws or any violations of third-party rights or official regulations, this shall also constitute a failure to cooperate. You warrant that you are authorized to perform the relevant actions. We will not carry out any corresponding review. You shall indemnify us upon first request against any claims by third parties who take action against us due to your lack of authorization and shall compensate us for any damage incurred as a result of the third party's claim, including any court and attorney's fees incurred for legal defense. In all other respects, the statutory provisions shall apply.

(3) Missing, incomplete, damaging, or infringing cooperation—for example, through the communication or transmission of incomplete, incorrect, or information, data, materials, or documents that are not suitable for lawful use—entitles us to terminate the contract; in the case of a contract with an entrepreneur, this also applies without affecting the agreed remuneration.

(4) If we incur damage as a result of incorrect cooperation, we are entitled to claim damages. In this case, you also indemnify us against all claims by third parties that third parties assert in connection with cooperation measures carried out by you in at least grossly negligent manner.

§ 11Communication

(1) To ensure fast and easy communication between us, communication is generally conducted via email. You agree that information may be sent to you by email, to your account on our platforms (if available) or by other means.

(2) Shipping and communication are at your own risk. We are not responsible and cannot be held liable for disruptions in the Internet network, server and software problems of third parties, or problems with postal or delivery services.

§ 12Technical availability, data, functionality, and content

(1) The platforms are accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond our control, and subject to outages and maintenance work necessary for operation. We take great care to ensure the highest possible availability. Availability depends, among other things, on your technical equipment. Availability interruptions may occur due to necessary maintenance and security work or unforeseen events beyond our control.

(2) We are not liable for your loss of data or any resulting damage, provided that the damage would not have occurred if you had regularly and completely backed up your data.

(3) We may change any functionality, appearance, structure, or content of our platforms without obtaining your consent.

(4) We reserve the right to block or modify all content, including user-generated content.

§ 13Granting of rights to data

(1) You agree not to distribute any text, images, videos, audio files, and/or other content (“files”) via the platforms that violate applicable law, morality, and/or these Terms and Conditions. In particular, you agree to respect the rights of third parties, such as copyrights, trademark rights, patent and utility model rights, design rights, database rights, and any other industrial property rights (hereinafter referred to as “property rights”).

(2) You hereby grant us a comprehensive, exclusive, spatially and temporally unlimited right of use, limited however to the type of use for the performance of our own services and our own advertising, to the files required for the performance of our services, which you publish via our platforms or upload to our platform or user account for the performance of our services or forward to us in any other way.

(3) Insofar as we create files for you, all copyrights and user rights remain with us.

(4) If the app has been used by third-party platforms, the terms and conditions and privacy policy of the respective third-party provider may apply insofar as there is overlap in content.

§ 14Our rights to our platforms

(1) You agree that the platforms and all related applications are database works and databases within the meaning of Sections 4 (2) and 87a (1) of the German Copyright Act (UrhG), of which we are the legal owners. All associated applications are protected under Sections 69a et seq. of the German Copyright Act (UrhG). They are protected by copyright.

(2) We also retain exclusive rights to all other elements of our platforms, in particular the rights of use and ancillary copyrights to the content and documents posted by us or acquired through the granting of rights. In particular, trademarks, other marks, company logos, protective notices, copyright notices, or other features serving to identify our platforms or individual elements thereof may not be removed or altered. This also applies to printouts.

§ 15Change in services

We reserve the right to suspend, modify, or restrict access to software, online databases, functions, operating systems, documentation, and all other components of our software, as well as their functionality—in whole or in part, at any time, temporarily or permanently, without prior notice, to the extent permitted by law. In particular, we reserve the right to change or deactivate features of our services (e.g., design, layout, sections, structure, or availability), convert free components into paid components, discontinue support for certain functions, or suspend compatibility (e.g., with certain device types or operating systems).

§ 16End User License Agreement (EULA)

(1) We grant you a personal, non-exclusive, revocable, non-transferable, worldwide right to use the platforms—in particular, any software functions on the website or apps—their content, services, other functions, and all updates. This is granted exclusively for your own use and within the scope of using the platforms and their services, to the exclusion of any other purposes.

(2) Our digital products (in particular apps and software) are licensed to you, not sold to you.

(3) The license does not grant you any right to use the content. In particular, it is prohibited to:

• Adapt, modify, translate, edit, disassemble, transcode, or reverse engineer the platforms, their content, services, other functions, or updates;
• Exporting the platforms, their content, services, other functions, or updates, or connecting them in whole or in part to other software programs, or reproducing them in whole or in part, by any means and in any form, permanently or temporarily;
• Extracting or reusing content from databases created from the platforms;
• Create works derived from the licensed platform;
• Use processes or software designed to copy the platforms, their content, services, other functions, or updates without our consent;
• Set up systems capable of hacking the platforms;
• Offer or transfer our services to third parties without our consent.

(4) Violation of this prohibition is punishable by law and subject to liability for damages.

(5) If the app was downloaded from third-party platforms, the terms and conditions and privacy policy of the respective third-party provider may apply insofar as there is overlap in content.

§ 17Third-party advertising and cooperation with third parties

(1) We reserve the right to display advertisements from third parties cooperating with us on our platforms. We have no influence on the advertisements, in particular their content, reliability, or accuracy. Advertisements are displayed without our review; in particular, we do not approve their content – advertisers are solely responsible for this. For any form of use – in particular by clicking, using their services provided via application programming interface (“API”) or visiting their platforms linked to the advertisement – their contractual terms and conditions, general terms and conditions and data protection provisions apply. Advertisements may be accompanied by links to platforms of cooperating third parties or API applications of cooperating third parties. Here too, the respective advertising provider is solely responsible. Their contractual terms and conditions, general terms and conditions, and data protection provisions apply.

(2) We also cooperate with third parties insofar as cooperating third parties provide us with contacts from interested parties in return for an affiliate commission or free of charge, bring about the conclusion of a contract for us on their platforms, or establish contact for the purpose of concluding a contract. In this context, we also provide cooperating third parties with promotional codes whose validity and content are limited to the conditions communicated by us to the cooperating third party and whose term is limited to a maximum of two years from the date of issue to the cooperating third party. Upon request, we will provide you with the conditions of the promotional code communicated to the cooperating third party that apply to you. In particular, we are not liable for any excessive information provided by cooperating third parties.

(3) Unless otherwise agreed, we may terminate any cooperation with cooperating third parties at any time without notice. Cooperating third parties are obliged to act lawfully in fulfilling their obligations towards us, in particular to respect the rights of other third parties. The cooperating third parties assure their authorization for all relevant actions, in particular the use of any content that comes into our sphere and the transfer of contacts to us; we will not carry out any corresponding checks. Cooperating third parties indemnify us against any liability for claims arising from any legal violations by other third parties.

§ 18Voucher

A voucher—including in the form of a promotional code—can be redeemed with us within the period specified on the voucher, but no later than the end of the second year after the year of purchase. Subsequent offsetting is not possible. Only one voucher can be redeemed per order. The voucher can only be used for services specified on the voucher and not for the purchase of additional vouchers or other services not specified on the voucher. Any remaining credit will not be refunded. Voucher credit will not be paid out in cash or bear interest. We can make payment to the respective holder with discharging effect. This does not apply if we had knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of power of representation.

§ 19Copyright and other rights

We hold copyrights or other rights to all images, films, texts, and other content protected by copyright or similar rights, in particular intellectual property rights, that are published on our website, our profiles on other websites, our social media profiles, and all our platforms. Use of the images, films, texts, and other rights is not permitted without our written consent.

§ 20Data protection and data security

(1) We collect personal data from you and, if applicable, other data provided by you or obtained by us in the course of fulfilling the contract for the purpose of executing the contract and fulfilling contractual and pre-contractual obligations. Data collection and data processing are necessary for the fulfillment of the contract and are based on Article 6(1)(b) GDPR. We process it in accordance with the obligations of the GDPR. According to Section 5 (1) GDPR, personal data must essentially:

(a) be processed lawfully, fairly and in a manner that is transparent to the data subject (“lawfulness, fairness and transparency”);

(b) be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes (“purpose limitation”);

(c) be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed (“data minimization”);

(d) be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (“accuracy”);

(e) stored in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (“storage limitation”);

(f) be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, accidental destruction or accidental damage, using appropriate technical and organizational measures (“integrity and confidentiality”).

(2) Data will not be transferred to third parties unless there is a corresponding obligation to do so or the execution of the contract or compliance with a statutory deadline requires data transfer, for example if the transfer of data is necessary in order for a third-party provider to carry out a query necessary for the execution of the contract, your data is forwarded to a payment provider, or subcontractors are used to contribute to the fulfillment of an obligation to you. In these cases, the service providers will often have a contractual relationship with you, meaning that they act on their own responsibility.

(3) We will delete data as soon as it is no longer required for the purpose for which it was processed and if there is no longer a legal obligation to retain it. We store your data during the initiation and execution of our contractual relationship. It may also be necessary to continue storing data after the termination of our contractual relationship. For example, invoice data (accounting documents) must be retained for 10 years in accordance with Section 147 of the German Fiscal Code. As long as a service provider acting on our behalf also has a contract with us for the performance of your service, we remain obliged to retain the data in accordance with the agreed retention periods.

(4) You have the right to access, transfer, delete, correct, restrict, or block your personal data. In particular, you are entitled to receive information about all personal data free of charge.

You can submit your request to us. You also have the option of seeking administrative or judicial remedies or contacting a supervisory authority. (5) Wurde die App von Plattformen Dritter herunterladen, können die Vertragsbedingungen AGB und Datenschutzbestimmungen des jeweiligen Drittanbieters gelten, soweit inhaltliche Überschneidungen bestehen

§ 21Liability, indemnification, and reimbursement of expenses

(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable – unless otherwise specified in paragraph 3 – for breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a contractual partner can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, limb, or health and under the Product Liability Act remains unaffected by the above and all other limitations of liability, warranty, or responsibility and exclusions of liability, warranty, or responsibility agreed between us in these General Terms and Conditions.

(4) You shall indemnify us upon first request against any claims by third parties asserted against us and/or our vicarious agents due to possible culpable breaches of the user’s obligations, in particular those arising from these GTC. You shall compensate us for any damage incurred as a result of claims by third parties, including any court and attorney's fees incurred for legal defense. In all other respects, the statutory provisions shall apply.

(5) We are entitled to reimbursement of expenses that we deemed necessary under the circumstances and for which we were not responsible, in particular any expenses incurred to protect the contractual goods, as well as reasonable remuneration in line with local standards.

§ 22Place of performance, applicable law, contract language, and place of jurisdiction

(1) The place of performance for all services under the contract is agreed to be Saarbrücken.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If both you and we are merchants at the time of conclusion of the contract and you have your registered office in Germany at the time of conclusion of the contract, the exclusive place of jurisdiction is our registered office in Saarbrücken. In all other respects, the applicable statutory provisions apply to local and international jurisdiction.

(3) Unless otherwise agreed in writing, the contract language is German. Any translated legal texts or documents are provided solely for the purpose of better understanding. In particular with regard to a contractual agreement as well as these General Terms and Conditions, the data protection provisions, or any other legal texts or documents, the German versions are legally binding; this applies in particular in the event of deviations or differences in interpretation between such legal texts or documents.

(4) With regard to disputes with consumers, the EU Commission has created an internet platform for online dispute resolution—alternative dispute resolution in accordance with the ODR Regulation and Section 36 VSBG. This platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr

Participation in dispute resolution proceedings before a consumer arbitration board is not mandatory and we do not participate in such proceedings.

§ 23Schlussbestimmungen

(1) Changes and additions to these General Terms and Conditions shall be made in writing; we reserve the right to do so. Changes shall be made on condition that you are not unreasonably disadvantaged, that there is no breach of good faith, and that the change is not objected to. In the event of a change, notification shall be given via one of the communication channels—in particular by email—two months before it takes effect. The change shall take effect if no objection is raised within this period – after which the amended Terms and Conditions shall become valid.

(2) We reserve the right to assign this contract to another company. This assignment shall become valid one month after sending you a notice of assignment via one of our communication channels, in particular by email. In the event of an assignment, you have a right of termination, which shall take effect one month after receipt of the notice of assignment. All rights granted to us shall also be deemed to be granted to our legal successors.

(3) Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the legal validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the intended economic purpose.