Terms and Conditions

Welcome to Schwarzgold-Plattform. These Terms and Conditions (hereinafter "Terms") form the legal basis for the use of all services and the website provided by Schwarzgold-Plattform. We ask you to read this document carefully before using our service.

Interpretation and Definitions

For the purposes of these Terms, the following terms shall have the meanings set forth below:

• Affiliate means a legal entity that controls, is controlled by, or is under common control with another entity. "Control" means the ownership of 50% or more of the shares, equity interests, or other securities entitled to the election of directors or other governing bodies.
• Country refers to the Federal Republic of Germany.
• Company (referred to in this Agreement as "the Company", "We", "Us", or "Our") is the Schwarzgold-Plattform.
• Device means any technical means that enables access to the Service, such as a computer, a mobile phone, or a digital tablet.
• Service includes the website operated by Schwarzgold-Plattform, the applications operated by Schwarzgold-Plattform, and all associated functionalities and content made available to you.
• Terms (also referred to as "Agreement") constitute the entire agreement between you and the Company regarding the use of the Service.
• Third-party Social Media Service means any service or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made accessible through our Service.
• website refers to the online portal of Schwarzgold-Plattform, accessible at https://schwarzgold-plattform.org.
• You means the natural person accessing or using the Service, or the company or other legal entity on behalf of which such natural person is accessing or using the Service.

Acknowledgement

These Terms set out the rights and obligations of all users regarding the use of the Service. By accessing and using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you are not permitted to access the Service.

You hereby represent that you have reached the age of 18. The Company does not allow persons under 18 years of age to use the Service.

Your use of the Service is also subject to our Privacy Policy. Please consult it to learn about our practices regarding the collection, use, and disclosure of your personal data.

Links to Other Websites

Our Service may contain links or hyperlinks to third-party websites or services that are not owned or controlled by Schwarzgold-Plattform. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Termination

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately. You may discontinue your use of the Service at any time by simply stopping the use.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and its suppliers under any provision of these Terms and your exclusive remedy shall be limited to the greater of the amount actually paid by you through the Service in the preceding twelve months or one hundred Euros (€100).

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy).

These limitations do not apply in cases of intent or gross negligence, culpable injury to life, body or health, liability under the Product Liability Act, or breach of essential contractual obligations (so-called cardinal obligations).

"AS IS" and "AS AVAILABLE" Provision

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects, without warranty of any kind. To the maximum extent permitted by law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, hereby disclaims all express, implied, statutory, or otherwise warranties. Specifically, we do not guarantee that the Service will meet your requirements, function uninterrupted, securely, or error-free, that the quality achieved will meet your expectations, or that any defects or errors will be corrected.

Governing Law

These Terms and your use of the Service shall be governed by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). Your use of the Service may also be subject to other local, regional, national, or international laws.

Dispute Resolution

If you have any concerns or a dispute regarding the Service, you agree to first attempt to resolve the matter informally by contacting the Company at the email address provided below. If an informal resolution is not reached, any disputes shall be subject to the competent jurisdiction in Germany.

For European Union (EU) Consumers

If you are a consumer residing in the European Union, you benefit from all mandatory protective provisions of the law of the country in which you reside.

Compliance with U.S. Law

You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist-supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is found to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require future performance. An excuse for non-performance shall not constitute an excuse for further non-performance.

Translation and Interpretation

These Terms and Conditions may have been translated into other languages. You hereby agree that in the event of a conflict, ambiguity, or inconsistency between the language versions, the original German version shall prevail.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect by posting a notice on our website or notifying you directly. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us in the following ways:

• By email: [email protected]