Terms & Conditions

1. General Regulations

  1. now used GbR, located at Torstrasse 15, 10119 Berlin, Germany ("now used"), operates as a platform connecting fashion brands and fashion stores, offering a Website in the form of a marketplace (“Website”) for their interaction. In these Terms and Conditions, "We," "Us," or "Our" refers to now used and Our Services, while "You," "Your," or "Yours" refers to any User, visitor, member or partner of Our platform.
  2. These Terms and Conditions establish the framework for the Services provided by Us under this Service Agreement, governing the relationship between Us and the User. Any deviations from these Terms are valid only if confirmed in writing by us.
  3. We reserve the right, at Our sole discretion, to modify, suspend, discontinue, or terminate the Services or any content, feature, or material provided on the Website. We are not liable for any unavailability of the Services at any time or for any duration. Periodically, We may restrict access to parts or all of the Services to Users, including Users. It is Your responsibility to stay informed about changes to Our Services.
  4. If We modify these Terms and Conditions, We will provide reasonable prior written notice and post the changes on the Site or through the Application. By continuing to access or use the Services after such modifications, You indicate Your agreement to be bound by the revised Terms. If the revised Terms are unacceptable to You, Your only option is to stop using the Services.
  5. Our Services are available only to individuals who are at least 18 years old. If You are acting on behalf of a company, You must have the legal authority to enter into business agreements on behalf of that company.
  6. By agreeing to the Terms and Conditions during registration, You acknowledge and accept these Terms and all other referenced Terms and policies. If You do not agree to these Terms, You have no right to access or use the Services or Collective Content.

2. Account Registration and Use 

To access Our Services, You must register and create an account. We offer two types of accounts:

  1. Brand Account: This account is intended for fashion brands (product sellers; sellers). Sellers must register and apply to use Our Website. We reserve the right to reject applications. Required information includes basic company details (such as name, tax-related and financial information, and documentation) and personal information of the account holder. Setting up and maintaining a brand account is free of charge on Our Website.
  2. Retail Store Account: This account is designed for fashion stores (product buyers; buyers). Buyers must create a Retail Store Account, providing basic company information (such as name, tax-related and financial information, and documentation) and personal details of the account holder. We reserve the right to reject applications and may also check Your credit history, which could affect Your credit score. Setting up and maintaining a retail store account is free of charge on Our Website.

For more details on how We handle data, please refer to Our privacy policy.

By registering for an account, You agree to provide accurate, up-to-date, complete, and correct information. You also commit to updating Your information if it becomes outdated. We reserve the right to pause or delete Your account if Your information is incorrect or incomplete.

You are responsible for keeping Your account secure, including safeguarding Your password to prevent unauthorized access. Any activities that occur under Your account are Your responsibility. You must promptly inform Us of any unauthorized use of Your account. We reserve the right to disable any Username or password at Our sole discretion, at any time and for any reason, including if We believe You have violated any part of these Terms.

When handling payments, We work with third-party payment providers. By providing payment details when registering for a retail store account or purchasing products, You agree to pay the brand(s) for the goods and any applicable taxes and fees. You authorize the brand’s designated payment provider to charge Your payment method and to credit it for any necessary adjustments. We reserve the right to correct any pricing errors. 

The payment of the products is made directly from the buyer to the seller without our intervention. The seller guarantees the security of the payment method he has chosen and of his transactions with the buyer. We have no responsibility for any error that occurs in the financial transactions between the seller and the buyer. 

3. Approval and Granting Access to Our Website

When applying for approval, Users must provide their company information, billing details, and specify a contact person and region, along with their intention to use the Website for buying and/or selling. Brand accounts (sellers) compensate Us for Our Services through a commission on sales conducted via Our Website.

A second private contract in addition to these Terms and Conditions will be concluded detailing provision payment. Brands (sellers) will pay a commission to us after a successful sale through Our Website. Brands (sellers) will be billed by invoice. 

This commission must be paid by the supplier immediately upon invoicing, without any deductions, and inclusive of the applicable value-added tax at the current rate. The User consents to the storage of invoicing data for verification purposes and in compliance with statutory archiving requirements.

It is the User's responsibility to ensure that all information provided to Us and other Users is accurate and complete, especially during the approval application process. Users must promptly notify Us of any changes to the information provided.

We reserve the right to deny approval or restrict access if We suspect a User has violated Our Terms and Conditions. The User can prevent these actions by providing appropriate evidence to refute the suspicion, at their own expense.

4. Services Offered by Us

  1. Our platform serves as a Website that links buyers (fashion retails stores) and sellers (fashion brands). Sellers have the opportunity to showcase and sell their products, while buyers can browse and purchase these offerings. Additionally, the Website provides a range of features to manage, market, promote, analyze, and oversee various business activities.
  2. The transaction of products is solely between buyers and sellers. We as Company and Service partner do not own any products sold through it, nor do We ever take possession of the products being offered. We neither store the products in a warehouse nor act as an administrator or trustee for the products. As a result, We cannot be held responsible for any actions or omissions by buyers or sellers on Our Website. We disclaim all liability concerning the products offered, including but not limited to their authenticity, quality, trademarks, use of logos, distribution licenses, or product information.
  3. Our Services include:
    1. usage of Our Website after approval of the account
    2. for brands: to showcase and sell their products
    3. for retail stores: browse and purchase products displayed by brands
    4. Purchases over Our Website
    5. Payment Services via a third party provider

We provide You with a limited, revocable, non-exclusive, and non-transferable right to use Our Website without any royalty fees. This right does not include the ability to sublicense. You are allowed to access the Services and view any content You are authorized to access, but solely for the purposes outlined in these Terms and Conditions.

Unless explicitly stated otherwise, the rights provided to You are subject to the following limitations:

4. You are prohibited from licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise exploiting the Services or content for commercial purposes.
5. You may not copy, reproduce, distribute, modify, adapt, create derivative works from, publicly display, perform, stream, broadcast, republish, download, disassemble, decompile, reverse engineer, store, post, or transmit any material or content from Our Services.
6. You must not interfere with or bypass any features of the Services, including security measures or access controls, in whole or in part, except as allowed by these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by us, its licensors, or others, except as expressly provided in these Terms. If You infringe upon the rights of us, its licensors, or others, Your permission to use the Services will terminate immediately, and You must, at Our discretion, return or destroy any copies of the materials You have obtained.
7. For our services we are applying a 20% commission from the seller. The percentage is based on the net sum of the order (excluding VAT). Order returns will not lead to a reduction of the commission. Our service is free for the buyer side, i.e. no commission will be applied for the buyer.

 

Rights granted by User

As a User, You have the ability to post content on Our Website. By doing so, You grant Us a global, perpetual, non-exclusive, transferable, sublicensable, and royalty-free license to use, view, copy, adapt, modify, distribute, publicly display, and perform the content through Our Services or in connection with Our advertising, marketing, publicity, or other projects and events. While We have these rights, We do not claim ownership of any User-generated content. These Terms do not limit any rights You may have to use and profit from Your own content.

You acknowledge and agree that You bear full responsibility for the content You publish on Our Website. Consequently, You affirm and warrant that:

8. You either own the content You post or have obtained all necessary rights, licenses, consents, and permissions to grant Us the rights to publish it as outlined in these Terms and Conditions.
9. The content and any portion thereof (including its posting, uploading, publication, submission, or transmission), as well as Our use of the content, do not infringe on any third party's rights (including patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights, rights of publicity, or privacy). The content also must not contain defamatory, misleading, unlawful, abusive, harassing, or obscene material, nor any computer virus or malware that could harm the operation of Our Website, nor result in any violation of applicable laws or regulations.

You agree not to use a false email address, impersonate any person or entity, or mislead Us or third parties regarding the origin of any content. You are solely responsible for the accuracy and legality of any content You create. We do not take responsibility and assume no liability for any content posted by You or any third party. Furthermore, You agree to indemnify Us according to the Terms outlined in the Indemnification section of these Terms.

5. Ownership of Content 

Our Services and all User content are safeguarded by copyright, trademark, and other intellectual property laws of the European Union and other jurisdictions. You acknowledge and agree that, except for Your own contributions, Our Services and User content, along with all related intellectual property rights, are exclusively owned by us, Our licensors, and other content providers. Except as explicitly granted in these Terms, no rights are implied or granted. You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, or other proprietary notices that are incorporated into or accompany Our Services or content.

We retain sole ownership of all pending, registered, and unregistered trademarks, trade dress, and trade names that appear on Our Website, including Our name and logo, as well as all associated names, logos, product and service names, designs, and slogans. You agree not to use these marks without Our written consent. Any other trademarks, service marks, logos, trade names, and proprietary designations are the property of their respective owners.

6. Content From and for 3rd Party Websites 

Third-Party Content

Our Services may include content supplied by third parties, including materials from other Users. All statements and opinions expressed in these materials, along with all articles, responses to questions, and other content, other than content provided by us, are solely the opinions and responsibility of the individuals or entities providing those materials. These materials do not necessarily reflect Our views. We are not responsible or liable to You or any third party for the content or accuracy of any materials provided by third parties.

Social Media Content

As a Brand, You may choose to link Your social media accounts to Our Website, granting Us permission to access Your social media accounts and their content for the purposes outlined in these Terms and Conditions. By doing so, You ensure that You are not violating any Terms and conditions governing Your use of those social media accounts. You authorize Us to access Your social media accounts without incurring any fees or being subject to usage limitations set by the social media service providers.

Should a social media account become unavailable, its content will no longer be accessible on Our Website. You retain the ability to unlink Your Brand Account from Your social media accounts at any time. Your relationship with the social media provider is solely governed by the agreements between You and that provider. We do not review any social media content for accuracy, legality, or non-infringement and are not responsible for any content from Your social media accounts. However, We reserve the right to screen, remove, disable, or block any social media content that violates Our Terms and Conditions or is otherwise inconsistent with Our company ethics.

In the event that a social media account becomes unavailable, any linked content will no longer be accessible on Our Website. You have the freedom to disconnect Your Brand Account from Your social media accounts at any time. The Terms of Your relationship with the social media provider are solely defined by the agreements between You and that provider. We do not review any social media  content for accuracy, legality, or non-infringement and therefore assume no responsibility for such content. Nonetheless, We reserve the right to monitor, remove, disable, or block any social media  content that violates Our Terms and Conditions or conflicts with Our company's ethical standards.

Reliance on Information Posted

The information provided on Our Website is intended solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You, any other visitor to Our Website, or any User of Our Website, as well as anyone who may be informed of its contents.

Feedback

We welcome and encourage You to provide feedback, comments, and suggestions for improving Our products and Services. By submitting any feedback to us, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable right to use, copy, modify, create derivative works from, and otherwise exploit the feedback for any purpose under any and all intellectual property rights that You own or control.

Links to Third-Party Websites

Our Website allows Users to access third-party websites and Services through links or hyperlinks. We do not take responsibility for the accessibility, availability, or security of these external databases or Services, nor do We endorse their content. Specifically, We are not liable for the legality, accuracy, completeness, or current relevance of the information provided by these third-party sites.  Any links You create to or from these Third-Party websites are at Your own risk. Your use of Third-Party websites will be subject to the Terms and Conditions of those websites, including those regarding confidentiality, data privacy, and security.

Unless otherwise expressly agreed in writing, We are not affiliated with the owners or operators of third-party websites and are not responsible or liable for the goods and services they offer, nor for any content, information, or transactions conducted on or via these websites. We do not endorse or approve, and make no warranties, representations, or undertakings regarding the content of third-party websites.

We disclaim liability for any loss, damage, or other consequences resulting directly or indirectly from Your access to Third-Party websites, any information You provide, any transactions conducted on or via these websites, or any errors, omissions, or misrepresentations on these websites. We are also not responsible for any computer viruses or system failures arising from or associated with Third-Party websites.

It is prohibited for Users to post content (e.g. via links or i-frames) on Our Website that infringe statutory provisions, official instructions or public morals. Moreover, it is prohibited for Users to post content that infringe the rights of third parties, especially copyright or trademark rights.

Under no circumstances can We make external content its own. The User guarantees to Us and the other Users of Our Website that the goods and Services they offer do not infringe any copyrights, trademarks, patents, other property rights or company secrets.

We reserve the right to block external content if it is punishable under the applicable laws or clearly serves the purpose of preparation of criminal acts.

The User will exempt Us from all claims asserted by third parties against Us due to infringement of their rights or due to legal infringements due to offers and content posted by the User, provided that the User is responsible for them. In this respect, the User will also pay Our costs for legal defense, including all court and lawyer costs.

7. User Responsibilities

  1. We retain the right to suspend or terminate accounts under the following conditions:
    1. If product information provided is incomplete.
    2. If the products offered violate statutory provisions, official regulations, or public morals within the relevant legal jurisdiction. This includes, but is not limited to, items that infringe on third-party rights, pornographic content, materials harmful to minors, weapons, drugs, propaganda from unconstitutional organizations and parties, and living animals. Such items may be removed, and the associated account paused or deleted.
  2. Goods or Services that legally require proof of eligibility can only be offered or requested on Our Website if this proof is included in the description and provided at the time of transaction.
  3. The User ensures compliance with all statutory data protection requirements for data received and indemnifies Us from all related claims, including those from public authorities. Specifically, the User must inform their representatives (such as employees) on Our Website about the data processing practices mandated by Our data protection policy. The User must also obtain any necessary consents from these individuals before their personal data is posted on Our Website, whether through setting up employee logins or other means.

8. Other User Responsibilities

The User must:

  1. Maintain Data Security: Implement and uphold necessary data security measures throughout the contract period, ensuring careful handling of logins and passwords.
  2. Report Technical Changes: Notify Us immediately of any technical modifications in their system that might impact the service provision or the security of Our Website.
  3. Assist in Security: Aid in identifying third-party attacks on Our Website when their assistance is needed.
  4. Commercial Use: Conduct transactions on Our Website solely for commercial purposes.

 

Additionally, the User agrees to:

5. Refrain from any actions that could jeopardize or disrupt the functionality of Our Website
6. Avoid accessing data that they are not authorized to access.
7. Ensure that information transmitted through Our Website and uploaded data are free from viruses, worms, or Trojan horses.

The User is liable for any damages resulting from non-compliance with these responsibilities. Moreover, the User agrees to indemnify Us for any third-party claims, including legal fees and court costs, arising from their failure to comply with these obligations.

9. Provisions and Conditions for the Sale of Products Between Sellers and Buyers

  1. Various provisions and conditions may govern the relationship between sellers and buyers, including those related to the sale of products, trade cooperation services, and other obligations designed to foster the trading relationship.
  2. The seller is responsible for organizing the shipping of goods. The buyer acknowledges that the supplier alone is responsible for preparing the order, its transportation, and delivery to the agreed-upon location. 
  3. The buyer is granted a payment period of 30 days from the date of invoice or receipt of the goods, whichever is later. This is in accordance with ‘Net 30’ payment terms, meaning the buyer must complete payment within 30 days of receiving the invoice or product.
  4. Our role is solely that of an intermediary between the seller and the buyer. We are not accountable for the accuracy of products, their availability, the correctness of marketing information, or the shipment of products.
  5. When a buyer makes an offer via Our Website, the necessary information (name, address, destination address, and contact data) is disclosed to the seller to process the order. The seller agrees to comply with all applicable laws concerning the collection and processing of personal data disclosed during the sales process and to inform all affected natural persons about the disclosure of their personal data to the buyer in accordance with statutory requirements.
  6. If the buyer does not receive the ordered product(s), they must notify the seller. We reserve the right to intervene to facilitate the resolution of the complaint.
  7. If We are informed by a User, or if We ourselves notice, that products infringing these Terms and Conditions are offered for sale, We reserve the right to:
    1. Remove these products from Our Website;
    2. Block or temporarily suspend the seller’s account;
    3. Terminate these Terms and Conditions with immediate effect, resulting in the closure and deletion of the User’s account;
    4. Transmit all necessary information regarding the ban on sales and/or purchase of these products on Our Website, potentially including the User’s personal data, to the competent authorities and/or cooperate with these authorities upon request.
  8. The seller commits to adhering to all applicable laws and regulations regarding the acquisition and resale of goods, regardless of their nature.
  9. Additionally, if We become aware of any actions or behaviors by a User outside of Our Website that (i) aim to poach sellers from Our Website or discourage them from making purchases through Our Website, (ii) are potentially unfair, harmful, uneconomic, defamatory, offensive, derogatory, or detrimental to us, Our Website, a User, or third parties, or (iii) infringe applicable laws and regulations, We reserve the right to terminate these Terms and Conditions immediately by written notification.

10. Unauthorized Types of use of Our Website and Our Services

  1. The User undertakes to refrain from the following use of Our Website and/or the Services:
    1. poaching other User(s) from Our Website or making an attempt in this regard or causing User(s) to make no purchases through Our Website or to cancel purchases on Our Website;
    2. unfairly circumventing, avoiding and/or impairing a paid Service on Our Website (or attempting to circumvent, avoid and/or impair them);
    3. publishing or distributing shocking, inappropriate, obscene, threatening, abusive, violent, indecent, racist, harmful, defamatory, libelous, insulting, disparaging, misleading, discriminatory, harassing, shaming, pornographic or child pornographic content, content glorifying crimes against humanity, content that is highly likely to incite racist, religious or ethnic hatred or violence or terrorism, content that is highly likely to undermine people’s human dignity or privacy, illegal or other unlawful content;
    4. publishing or distributing content infringing the copyright of the third party
    5. publishing or distributing content that is highly likely to be classified as misappropriation, fraud, embezzlement or another criminal act;
    6. aiming to transfer money without exchange in return of delivery of a product that is in line with the provisions of these Terms and Conditions and is of the same value as the sums requested, or making an attempt to this end;
    7. sending computer viruses, worms, Trojan horses, logic bombs or other harmful programs, files or other forms of malware with the aim of damaging, disrupting, interrupting and/or limiting the functions of the IT or telecommunications infrastructure;
    8. carrying out commercial or advertising activities of any kind (especially sending unsolicited advertising notifications, competitions, lotteries or newsletters) or requesting payments or online donations;
    9. damaging one of the computer systems or illegally intercepting data or personal information or violating the security of the systems and networks;
    10. accessing the account, Username and/or the password of another User, using it or attempting to make such a use;
    11. using the Service fully or in part without authorisation;
    12. masquerading as another person, a User or an employee or representative of Our Website, purporting their statements or comments are supported or approved by us, and/or using the Service to send or circulate content that could be harmful to Us or could criticize Us in any way;
    13. carrying out the following actions when accessing and using Our Website requesting or at least collecting personal data, passwords, account information or other types of information with respect to the other Users, procuring them, saving them or making an attempt to this end;
    14. concealing or covering up the source of notifications;
    15. using data mining tools, bots or similar tools to collect and extract data associated with Our Website;
    16. restricting, suspending or preventing use of or access to Our Website and/or Service by a person or disrupting access to Our Website and/or the Service, including, but not restricted to, any actions that disrupt real time communication between Users in any way;
    17. disrupting operation of Our Website and/or Service, the servers or network connections to Our Website and/or the Service;
    18. carrying out an action that is highly likely to lead to Us being made liable or fully or partially losing the advantages from the Services of its partners and service providers, in particular its internet service providers, payment service providers, finance partners and/or partners for warehouse services;
    19. carrying out all actions that are highly likely to damage the reputation and/or good name of Us or Our Website and/or that represent acts of unfair competition or enrichment against us, another User and/or third parties;
    20. infringing the specifications, processes, guidelines or regulations with respect to the networks linked to Our Website and/or the Service.
  2. The User undertakes to refrain from actions or activities that are highly likely to infringe the rights of third parties, applicable laws and regulations and/or other contractual conditions that are binding for the User in any other way.
  3. You can report copyright infringement here: infringement@now-used.com
  4. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms and Conditions. We have the right to monitor Your access to Our Website for the purpose of operating the Services, to ensure Your compliance with these Terms and Conditions, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any User content that We consider a violation of these Terms and Conditions or otherwise harmful. We reserve the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies 

11. Processing Contracts Concluded on Our Website

  1. The execution and management of contracts formed on Our Website are the sole responsibility of the involved Users. We do not guarantee the fulfillment of these contracts nor do We accept liability for any physical or legal defects in the traded goods and Services nor for  transactions between Users. It is the Users' obligation to ensure that the contracts they enter into are honored.
  2. We do not verify the true identity or the legal authority of the Users. Consequently, both buyers and sellers are advised to independently verify the identity and legal capacity of their counterparties before proceeding with any transaction.

12. Liability of the Website Operator

  1. We accept full liability for intentional misconduct and gross negligence. For instances of mild negligence, We are only liable if essential contractual obligations are breached. In such cases, Our liability is limited to damages that are typical for the contract and foreseeable at the time the contract was formed, based on the known circumstances.
  2. We are responsible to connect Sellers and Buyers via Our Website, 
  3. We are not responsible for disruptions in the power grid that are beyond Our control.
  4. In line with the above, We are only liable for data loss if such a loss could not have been prevented by reasonable data backup measures.
  5. Our liability does not cover issues arising from improper or incorrect use of Our Services by the User.
  6. These limitations of liability also apply to Our agents.

13. Data Processing and Compliance with Confidentiality by Us

  1. Our servers are secured according to the latest technological standards. However, the User acknowledges the inherent risk that transmitted data can be intercepted during transmission. This risk applies not only to emails, which leave the system, but also to the integrated messaging system and all other data transmissions. Therefore, the confidentiality of data transmitted while using Our Website cannot be fully guaranteed.
  2. The User agrees to allow Us to store information and non-personal data related to the course of transactions and the behavior of buyers or suppliers in an anonymized form. This anonymized data will be used solely for marketing purposes, such as compiling statistics and presentations.
  3. We are authorized to process and store non-personal data received from the User during the term of this agreement and throughout the business relationship. Specifically, the User consents to the following:
    1. Data Storage and Processing: Storing and processing company data and invoice data provided by the User during the approval application, along with any relevant updates.
    2. Company Presentation Data: Storing data uploaded by the User for their company presentation in the trading area under their administration, making it available for retrieval in both the public and closed areas of Our Website for other Users.
    3. Transaction Data: Storing non-personal data about the content of transactions (e.g. transaction amount between buyer and seller). 
  4. We will handle all data identified as confidential by the Users with strict confidentiality and use it only in accordance with these Terms and Conditions. However, We reserve the right to disclose User data if required by statutory or governmental orders.
  5. For personal data, please refer to Our data protection declaration.
  6. We may obtain, use or disclose the Users’ business secrets within the meaning of Article 2 No. 1 of the German Business Secrets Act (GeschGehG) in the area of application of Article 1 GeschGehG only in accordance with the provisions of Article 3, Article 4, Article 5 GeschGehG.

14. Assignment and Offsetting

Transferring any part or all of the User's rights under the contract with Us to third parties is not permitted. The User may only offset claims against Us if the counterclaims are either undisputed or have been legally established.

15. Contract Term

  1. This contract, based on these Terms and Conditions, is established for an indefinite period.
  2. Either party may terminate the contract with a three-month notice period, effective at the end of a month.
  3. Both parties retain the right to terminate the contract immediately for good cause, without observing a notice period. For us, good cause includes:
    1. Violation of these Terms and Conditions by the User, which is not rectified within a specified timeframe;
    2. Improper, illegal, or fraudulent use of Our Website, or failure to comply with Our policies or guidelines;
    3. Engagement or attempted engagement in criminal activity, such as fraud, by the User;
    4. Payment delays by the User exceeding two months;
    5. Prolonged operational disruptions due to circumstances beyond Our control, such as natural disasters, fires, or network failures.
  4. If We terminate the contract due to Your breach, You remain responsible for all outstanding payments.
  5. Termination must be communicated in writing.

16. Disclaimer

THE SERVICES AND ALL RELATED CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT GUARANTEE THAT OUR SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS OR BE AVAILABLE WITHOUT INTERRUPTION, SECURELY, OR ERROR-FREE. WE MAKE NO GUARANTEES ABOUT THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH OUR SERVICES OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND COMMUNICATIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER INDIVIDUALS YOU INTERACT WITH AS A RESULT OF USING THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT CONDUCT BACKGROUND CHECKS ON USERS, NOR DO WE VERIFY USERS' STATEMENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE BEHAVIOR OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER INDIVIDUALS YOU INTERACT WITH AS A RESULT OF USING THE SERVICES, ESPECIALLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

17. Indemnities

You agree to defend, indemnify, and hold us, along with Our parent company, subsidiaries, affiliates, partners, successors, and assigns, and each of their respective owners, User, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers, and third-party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) arising out of or related to Your violation of these Terms and Conditions, any applicable laws, the rights of any third party, and/or Your use of the Services, including Your own content.

18. Limitations of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK ARISING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT. NEITHER WE NOR ANY INDIVIDUAL OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE, SERVICES, APPLICATION, OR COLLECTIVE CONTENT SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES. FURTHERMORE, WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THIS APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

THE ABOVE LIMITATIONS OF DAMAGES ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND US.

19. Final Provisions

  1. The laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, shall govern these Terms and Conditions. The exclusive place of jurisdiction for all legal disputes is Berlin (Germany), and both parties agree to submit to the jurisdiction of these courts. Additionally, We retain the right to initiate legal proceedings at the User's general place of jurisdiction.
  2. These Terms and Conditions represent the complete and final agreement between You and Us concerning Our Website and Our Services, superseding any prior oral or written agreements or understandings related to Our Services.
  3. If any provision of these Terms and Conditions is found to be invalid or in conflict with statutory regulations, the validity of the remaining provisions shall not be affected. The parties agree to replace any invalid provision with one that closely aligns with the economic intent of the original provision, within the bounds of the law. This principle also applies to any potential gaps in the Terms and Conditions.

Berlin, June 14, 2024