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GENERAL TERMS AND CONDITIONS FOR the Use of MARKETPLACE

Preamble

These General Terms and Conditions of Use of Marketplace (hereinafter "Terms of Use") govern your rights and obligations when using our website. Our website and services are hereinafter collectively referred to as the "Marketplace".

Please read these Terms of Use carefully before using Marketplace and before booking third party goods or services through Marketplace. By accessing or using Marketplace (as well as applications for mobile devices, tablets and other smart devices), you agree to be bound by these Terms of Use and the following additional policies and agree to abide by them. If you do not agree with our Terms of Use, you may not use Marketplace.

We recommend that you print a copy of the following terms and conditions for your records, as they contain important information about your contractual rights and obligations.

You are subject to the applicable Terms of Service and/or Policies in effect at the time you use Marketplace and its services. We may change our Terms of Service and policies, in whole or in part, at any time, without limitation, for the following reasons: For legal or regulatory reasons; for security reasons; to further develop or optimize existing features of the Marketplace Services and to add additional features; to take account of technical progress and make technical adjustments; and to ensure the future functionality of Marketplace's services. We will notify you in a timely manner minimum in 14 days prior to the effective date, of any changes, including changes in content, to the Terms of Use and Policies and advise you of the rights you have in connection therewith. You will be deemed to have accepted the amended Terms of Use and Policies after you have been notified of the changes on our Website and you have given your express consent to the new Terms of Use and Policies by clicking on the button provided for this purpose on our Website. The current version of the relevant Terms of Use and policies are available via our website and app.

Last updated: 19. April 2022

Welcome to Marketplace!

The website www.a4ord.com and our app are operated by the company A4ord FT7 GmbH, Torstrasse 177, Berlin, 10115, registeredintheCommercialRegisterat theLocal Court Charlottenburg Berlin under number HRB 233554 B, VAT ID number (DE346345913) (hereinafter referred to as "Marketplace", " we", "us" or "our"). "You" and "Your" means you as a registered user of Marketplace.

The following Terms of Use govern the relationship between you as a registered user of Marketplace and us. Insofar as a legally binding contract ("User Agreement") is concluded between you and Marketplace, the mutual rights and obligations are determined by the Terms of Use. By using Marketplace Services, you agree to be bound by the Terms of Use.

We exclusively offer registered users the opportunity to permanently use the services of Marketplace operated by us in accordance with the provisions of these Terms of Use. Non-registered users only have the opportunity to familiarize themselves with Marketplace, full functionality is available only to registered users. In order to use our services and the services of our partners, prior registration in accordance with Section 3 is required.

Marketplace offers you a digital match-making platform, including searching for numerous services and hiring service providers to offer the desired service on Marketplace.

Information on the collection and use of your personal data in connection with your use of Marketplace can be found in our Privacy Policy (https://a4ord.com/data-protection-eng).

In the area of payment processing ("payment services"), payment service functions are integrated. In addition, the terms of use for payment services ( https://www.mollie.com/en/user-agreement) of the respective payment service providers ("Payment Service Providers") apply.

Providers of services via Marketplace ("Marketplace Sellers") are solely responsible for determining and complying with all laws, rules and regulations that apply to their goods, services and offers. For example, some services that require a high level of professional competence may be subject to authorization and require proof of appropriate training or further education. For some professional groups, a special permit is also required (e.g. in the field of health or in the sale of certain foods). In the field of the liberal professions with a chamber obligation, the professional license must have been granted by the competent chamber. It is the sole responsibility of the respective Marketplace Seller to determine and obtain all necessary licenses, permits and evidence for the goods, services and offers offered by him. Violations of these obligations can be punished with fines or penalties under the Trade Code or special laws. As a Marketplace Seller, you should always seek legal advice in advance if you have any doubts about whether you need a license or other approvals for your goods, services or other services that you want to offer on Marketplace.

These Terms of Use apply to the use of our entire Offering, regardless of how you use our Offering (" Marketplace Services"). In particular, these terms of use also apply to use by means of mobile devices and to use via our app.

TABLE OF CONTENTS

Specifications
Eligibility, use of Marketplace
Registration and Marketplace Users account
Contents
Costs and fees
Special terms and conditions for Marketplace Sellers
Cancellation terms
Customer reviews
Resolution of disputes between Marketplace Buyers and Marketplace Sellers
Prohibited Acts
Term and ordinary termination
Blocking of Marketplace Users account and extraordinary termination
Liability
Export Control
Exemption
Choice of law and place of jurisdiction
General provisions

1. SPECIFICATION

1.1 Marketplace is an online digital match-making platform which, in particular, allows registered users to, browse, view and book services ("Marketplace Buyers") from registered and selected third parties as providers of services and goods ("Marketplace Sellers").

Insofar as both the Marketplace Buyers and the Marketplace Sellers are referred to, both are jointly named “Marketplace Users”.

Furthermore, in addition to the administration of these booking and purchase processes, Marketplace also makes it possible to book appointments and communicate with Marketplace Sellers.

1.2 Our booking platform offers you a digital match-making platform with numerous functions. Marketplace's services include in particular: advanced search engine, geolocation, integrated calendar/booking system, catalog, media files upload.

1.2.1 Making available the possibilities of use of Marketplace after approval of the user in accordance with Section 3;

1.2.2 Enabling negotiations and contracts on Marketplace;

1.2.3 Creation of information and communication opportunities among Marketplace Buyers;

1.3 As the operator of Marketplace, we are not a provider, owner or seller of services offered on our platform. Marketplace also does not act as a commercial agent or closing agent. Rather, Marketplace allows third parties to list and distribute their goods, products and services on our Marketplace. Although we facilitate bookings and transactions on Marketplace, we are neither sellers nor suppliers of these goods, products and services. We only offer Marketplace Buyers and Marketplace Sellers the opportunity to conduct negotiations and conclude bookings and transactions. Marketplace itself is not a contractual partner with regard to third party goods and services offered on Marketplace and therefore assumes no responsibility for the contracts concluded on Marketplace in this respect. Marketplace is also not the agent of the third party. The third-party provider is solely responsible for the proper execution of the contract and other obligations arising from the respective contractual relationship with its contractual partner. Marketplace is not involved in this contractual relationship, so the platform has no responsibility or liability regarding the actions, products and contents of third parties and/or Marketplace Buyers and/or Marketplace Sellers. The issuing of declarations of intent, in particular the exercising of warranty rights or rights of revocation, is carried out exclusively by the Marketplace Buyers and Marketplace Sellers. The same applies to the assertion of claims arising from contracts concluded between Marketplace Buyers and Marketplace Sellers due to the use of the Marketplace.

1.4 In order to ensure that all payments are processed securely and in compliance with applicable payment regulations, Marketplace User's payment processing services are provided by Mollie B.V. and are subject to special terms and conditions of use as set in a User Agreement provided by Mollie B.V. (https://www.mollie.com/en/user-agreement). By agreeing to these Terms of Service and continuing to use the Marketplace Services, the Marketplace User agrees to be bound by the terms and conditions of Mollie B.V.

1.5 By using the payment services by payment service providers, which are available in the area of payment processing ("payment services"), the Marketplace User agrees to the terms of use for the chosen payment services of the respective payment service provider.

1.6 Even if Marketplace strives to ensure the highest standard of the offers advertised on the Marketplace, we cannot guarantee the quality, safety, suitability or legality of goods or services. We try to provide an assessment and rating based on customer experience through our rating system, however, this does not relieve Marketplace Buyers of the obligation to exercise due diligence in deciding whether to book or otherwise use a service. This also applies when Marketplace Buyers communicate and interact with Marketplace Sellers online or in person. Marketplace Buyers should carefully read the privacy statements and other terms of use and policies of third-party providers/Marketplace Sellers.

1.7 Marketplace is entitled to temporarily restrict certain user areas and functions, taking into account the respective interests of the Marketplace Buyers and of the Marketplace Sellers (e.g. through advance information). Such actions will be taken when necessary due to capacity limitations, server security and integrity, or the need for specific maintenance to ensure improved or proper platform use.The provisions in Section 13 (Liability) remain unaffected by this.

1.8 Marketplace strives to continuously develop and improve the digital match-making platform and its services and will introduce new services and features from time to time. We will notify Marketplace Buyers and Marketplace Sellers of any upcoming changes to Marketplace as early as possible, unless they are minor changes that do not materially affect the contractual obligations of the parties.

1.9 Marketplace is not responsible for any failures or disruptions to the Internet and telecommunications infrastructure, and third-party services, like, Payment Service Providers, customer support partner that are beyond our control and may cause disruptions to the availability of Marketplace. We always strive to ensure that our service is available without interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to our Service may also be interrupted or limited from time to time to enable repairs, maintenance or the introduction of new features and/or services. We try to limit the frequency and duration of each of these temporary interruptions or restrictions.

1.10 From time to time, we may offer you additional functions and services ("Features") that may be subject to additional and/or different terms of use. If additional and/or different terms of use apply to these features, we will point this out to you separately.Examples of such Features are: video-conference functionality, automated partner calendar integration etc. All of these Features are extensions of the existing services and can only be used as additional services if the applicable agreement or the terms for the respective feature (if any) are pre-approved. The use of such Features may be subject to an additional fee, which will be expressly stated in the additional and/or different terms of use.

1.11 If you as a Marketplace Buyer feel that your consumer rights have been violated, please contact the Marketplace immediately on support@a4ord.com.

2. ELIGIBILITY to PARTICIPATE, USE OF MARKETPLACE

2.1 The use of Marketplace and the creation of a Marketplace User Account in accordance with Section 3 is only permitted to natural persons and legal entities and partnerships of legal age and of unlimited legal capacity who are resident and/or that are registered in the EU, Iceland, Liechtenstein, Norway or Switzerland and that can demonstrate access to those online payment services for the purpose of payment processing that are expressly named and accepted by Marketplace during registration. The products listed must not be sold to minors. Products that are intended to be used by children can only be purchased by persons of legal age. If you are under the age of 18, you may use Marketplace only with the supervision of a parent or other legal guardian.

2.2 The use of certain functions (such as booking appointments, purchasing goods and services) requires your prior registration in accordance with Section 3.

2.3 Use of other services or Features of Marketplace may be subject to separate policies, standards or rules or may require you to accept additional terms of use before you can access the relevant areas or Features. If there is a conflict between these Terms of Use and the Terms of Use for a particular area or feature of Marketplace, the latter will prevail in relation to your use of that area or feature, unless otherwise specified.

2.4 Since the identification of users on the Internet is only possible to a limited extent, we cannot guarantee the identity of Marketplace Users. Notwithstanding the foregoing, to the extent permitted by law, for reasons of transparency and fraud prevention, we are entitled, but not obliged, to request official identification documents and/or other information from Marketplace Users and/or to carry out additional checks to verify the identity and background of Marketplace Users or those who wish to register for a Marketplace User Account in accordance with Section 3.

2.5 Marketplace may contain links to third party websites and resources ("Third Party Services"). Such Third Party Services may be subject to different terms of use and privacy statements. Marketplace is not responsible for the availability or accuracy of such third-party services, nor for any content, products or services offered through such third-party services. Links to such Third Party Services do not constitute a recommendation by us of these Third Party products or Services.

3. REGISTRATION AND MARKETPLACE USER ACCOUNT

3.1 As a Marketplace Buyer as well as a Marketplace Seller you have to register on Marketplace and need an account to use Marketplace Services. The establishment of a User Agreement between Marketplace and a user requires registration with complete information required in the registration process depending on the use model and service module. Marketplace Seller has to provide their bank account details during registration. The conclusion of a User Agreement takes place only after full completion of the respective registration and successful validation of the specified data by us.

There is no legal claim regarding the conclusion of a User Agreement, Marketplace has the right to reject or refuse a use request. A User Agreement shall only be concluded upon receipt of a specific declaration of acceptance of the use request sent by Marketplace or, if no express declaration of acceptance is made by Marketplace, upon activation of the requested use model/Marketplace Services and the user account in question by Marketplace. This creates a User Agreement with the registered user as a user of Marketplace under the Terms of Use applicable to the respective use model and the Marketplace Services covered by them. The Use Agreement entitles the registered user to use the Marketplace services accessible on Marketplace as agreed under the respective Terms of Use.

3.2 You can only purchase services on Marketplace as a registered user ("Marketplace BuyerAccount"). You can only offer and sell services on Marketplace as a registered user (“Marketplace Seller Account”).

Insofar as both the Marketplace Buyer Account and the Marketplace Seller Account are referred to, both are jointly named “Marketplace User Account”.

3.3 If the registration is carried out by a company representative, he is obliged to state his name completely and correctly in the registration process, and by completing the registration by him, he assures that he has the necessary power of representation to carry out the registration for the company in question.

3.4 With a Marketplace User Account, you do not have to provide your personal data every time, but you can log in to your customer account with your e-mail address and the password you have chosen during registration. Registration alone does not constitute an obligation whatsoever with regard to the goods and services offered on Marketplace.

3.5 You guarantee the truthfulness and completeness of all information that you have provided to Marketplace, our Marketplace Sellers and other Marketplace Buyers, in particular as part of your registration in accordance with Section 3. You are obliged to notify all future changes to the information provided without delay. For information on the processing of your data, please read our data protection declaration, which you can access under the following link (https://a4ord.com/data-protection).

3.6 You may not register more than one Marketplace User Account without our consent. You may not assign or otherwise transfer your Marketplace User Account to any other person.

3.7 There is no entitlement to admission to or use of Marketplace. In particular, Marketplace is entitled to withdraw a user's permission or to block access to marketplace if there is a reasonable suspicion that the user has violated these terms of use. The user can avert these measures if he dispels the suspicion by presenting suitable evidence at his own expense.

3.8 All logins are individualized and may only be used by the respective authorized user. You are obliged to keep your login and password secret and to protect them from unauthorized access by third parties. Each Marketplace user is responsible for restricting access to their own computer or mobile devices. To the extent permitted by applicable law, you agree to be responsible for any activity carried out using your access data. Marketplace user should take all necessary steps to ensure that their passwords are kept secret. If you suspect misuse by a third party and/or fraudulent activity by a third party, you must inform Marketplace immediately at support@a4ord.com. As soon as Marketplace becomes aware of the unauthorized use and/or fraudulent activity, Marketplace will block the unauthorized user’s access. In such a case, we will inform the Marketplace User immediately. If a Marketplace Buyer initiates or supports fraudulent activities, Marketplace reserves the right to terminate the account in question extraordinarily.

3.9 Despite the greatest care, Marketplace cannot guarantee the true identity and power of control of the Marketplace Users In case of doubt, you are required to inform yourself in an appropriate manner about the true identity and the power of disposal of your contractual partner. In case of doubt, you can always contact our customer service (support@a4ord.com).

4. CONTENTS

4.1 Marketplace Users are prohibited from posting content (e.g., through links or frames) on the marketplace that violates legal regulations, official orders or morality. Furthermore, it is prohibited to post content that violates the rights, in particular copyright or trademark rights of third parties. Marketplace reserves the right to block third-party content if it is punishable under the applicable laws or recognizably serves to prepare criminal acts.

4.2. Marketplace grants its Users, subject to compliance with these Terms of Use, a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to (i) use the Marketplace on your personal devices; and (ii) access to and view all collective content made available to you on or through Marketplace solely for personal and not commercial use.

4.3 On Marketplace, Marketplace Sellers have the opportunity to create, upload, publish, share and store content such as texts, photos, audio files, videos or other materials or information on or through Marketplace. You are solely responsible for any content you provide on or through Marketplace. Accordingly, you must ensure that: (i) you are either the sole and exclusive owner of all Content that you provide through Marketplace, or that you have all rights, licenses, permissions and releases necessary to grant us the rights to such Content as set forth in these Terms of Use, and (ii) neither the Content nor your posting, Upload, publish, submit, transmit or use the Content (or any part thereof) as set forth in these Terms of Use that infringes, defames or violates or results in a violation of any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights of any third party or their personality or privacy rights.

4.4 By uploading, publishing or otherwise making Content available on or through Marketplace, by creating, publishing or making it available, you grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to such Content for the duration of the protection of the rights so licensed to access, use, store, copy, the modification, creation of derivative works thereof, distribution, publication, transmission, streaming, sending and any other exploitation of this content in order to provide and/or promote Marketplace in all media and on all platforms, known or unknown, in particular on the Internet and social networks. If this content is personal data, it will only be used for advertising purposes to the extent permitted by data protection law; our data protection declaration (https://a4ord.com/data-protection) applies to our processing of such content. Unless you give your express consent, we do not claim any ownership rights in such Content and nothing in these Terms of Use is intended to limit any rights of use and exploitation you may have with respect to such Content.

5. COSTS AND FEES

5.1 For Marketplace Sellers

5.1.1 The Marketplace Sellers are charged (i) subscription fee for the use of Marketplace for the selected subscription period and (ii) commission fee from each contract concluded via Marketplace between the Marketplace Seller and the Marketplace Buyer and (iii) fees for certain extra Marketplace Services and/or Features marked as chargeable (all the all the above mentioned fees under (i)-(iii) “Service Fees"). The subscription fee is based on the subscription term selected by the Marketplace Seller.

Further information on when service fees apply and how they are calculated can be found in our current list of prices and services and on our page on costs and fees. All prices are inclusive of the applicable statutory value added tax.

5.1.2 The subscription ends automatically at the end of the subscription term, unless it is expressly extended or renewed by the Marketplace Seller. With the end of the subscription period, the contractual relationship between the respective Marketplace Seller and Marketplace ends.

5.1.3 Marketplace may change the commission fee amount and the fee amount for certain extra Marketplace Services and/or Features at its own discretion at any time by notifying the Marketplace Seller with a prior notice ("Price Change Notice"). If the Marketplace Seller continues to use the Marketplace Services and/or Marketplace Features and continues to conclude contracts with Marketplace Buyers via Marketplace after receipt of a corresponding Price Change Notice, this shall be deemed acceptance of the new commission fees and/or fees for the Marketplace Services and/or Marketplace Features affected by the price change. Price changes apply exclusively to future billing periods.

5.1.4 Payments shall be made in advance for the duration of the selected subscription period by the Marketplace Seller. In case of payment collection by direct debit, the Marketplace Seller shall ensure sufficient coverage. In the case of return debit notes, Marketplace is entitled to charge the Marketplace Seller for the additional costs incurred plus the amount of work.

5.1.5 All information about the current status of the subscription can be accessed online by the Marketplace Seller at any time in his user profile created on Marketplace.

5.1.6 In consideration for Seller's payment of the Service Fees and Seller's performance of all other obligations under this Use Agreement and subject to this User Agreement, Marketplace shall provide the applicable Marketplace Services for the benefit of the Marketplace Seller, which (unless otherwise agreed) shall include a personal, non-exclusive, non-transferable and fully revocable license to use Marketplace, as set forth in Section 4.2.

5.2 For Marketplace Buyers

5.2.1 For Marketplace Buyers the registration on Marketplace is free of charge.

5.2.2 Certain extra Marketplace Services and Features are chargeable for Marketplace Buyers and marked as such. All prices are inclusive of the applicable statutory value added tax.

5.2.3 Marketplace may change the fee amount for the Marketplace Services and Features at its own discretion at any time by notifying the Marketplace Buyers with a prior notice ("Price Change Notice"). If the Marketplace Buyer continues to use the Marketplace Services and/or Marketplace Features and continues to conclude contracts with Marketplace Sellers via Marketplace after receipt of a corresponding Price Change Notice, this shall be deemed acceptance of the new fees for the Marketplace Services and/or Marketplace Features affected by the price change. Price changes apply exclusively to future billing periods.

6. SPECIAL TERMS AND CONDITIONS FOR MARKETPLACE SELLERS

6.1 Only natural persons and legal entities and partnerships of legal age and of unlimited legal capacity that are registered in the EU and can demonstrate access to those online payment services for the purpose of payment processing that are expressly named and accepted by Marketplace during registration, can be Marketplace Sellers. Insofar as an official permit is required under applicable law for the offering and sale of the services and goods offered by the respective Marketplace Seller (e.g., business license), this Marketplace Seller is obliged to have such a permit. If the law prescribes the registration of the Marketplace Seller's company and/or the requirement of a valid VAT identification number, this is a basic prerequisite for the use of Marketplace. Marketplace is entitled at any time to demand information from a Marketplace Seller about the existence of necessary official permits, the registration of his company, the tax identification number.

6.2 If you, as Marketplace Seller, offer a product or service through Marketplace, you must (i) provide complete and accurate information about your products and services (such as offer description, experience and availability), (ii) disclose any requirements to be met, and (iii) any other relevant information about your service. You are responsible for keeping all information in your product or offer up-to-date.

6.3 If you, as Marketplace Seller, have accepted or pre-approved a Marketplace Buyer's request, you will enter into a legally binding contract with the user and must provide your service as described on Marketplace at the time of the question. It is the sole responsibility of the Seller to inform the user, with whom a legally binding contract is concluded, in good time of any right of withdrawal. Furthermore, the Seller must ensure that the information on the right of withdrawal meets the legal requirements and explicitly inform the user that the right of withdrawal must be declared to the Marketplace Seller. Marketplace will provide a model cancellation policy on its website that complies with the current legal requirements.

6.4 Marketplace Sellers must ensure that they have all licenses, permits, qualifications, powers of attorney and insurance necessary for them to provide the Services. Furthermore, Marketplace Sellers must ensure that their business identity and current address (contact data) are clearly visible to customers in relation to all services you use and are constantly visible to customers.

6.5 Marketplace Sellers must ensure that their uploaded content is accurate, legally compliant and not misleading. They agree to handle and provide the Services to the highest industry standards. Marketplace Sellers are responsible for complying with the relevant requirements of the Price Indication Ordinance ("PAngV"). In particular, an offer may not be made if (i) the information is so incomplete that the subject matter and price cannot be determined, (ii) the offer would violate legal regulations, official orders or morality in accordance with the legal system applicable to the intended contract.

6.6 Furthermore, no goods and services may be offered whose offer or sale violates any applicable law and/or the rights of third parties; the same applies to pornographic or youth-endangering articles, gambling, weapons, drugs, propaganda material of anti-constitutional organizations and parties, live animals, etc. Marketplace is entitled to remove such an offer from the Marketplace immediately.

6.7 The Marketplace Seller is responsible and undertakes to comply with all legal information obligations, in particular the obligation to create, maintain and update an imprint.

6.8 The Marketplace Seller is responsible for all processing of cancellations or rebookings on Marketplace.

6.9 The Marketplace Seller is responsible for the proper execution of the contract. In the event of a complaint or the exercise of other warranty rights by the Marketplace Buyer (e.g., reduction or withdrawal due to poor performance), no refund of the service fee will take place.

6.10 The Marketplace Seller agrees that Marketplace Buyers can post a publicly accessible evaluation of their experiences in relation to the Marketplace Seller services. Marketplace has no influence on the reviews and is not liable for their content. In the event of defamation or violation of personal rights, Marketplace may review and remove the appropriate review. For this purpose, the prior notification by the Marketplace Seller is required.

6.11 With the approval in accordance with Section 3, the Marketplace Seller warrants to Marketplace and all Marketplace Buyers that the data transmitted by it complies with the data protection requirements. The Seller indemnifies Marketplace from any liability towards third parties due to violation of data protection regulations.

7. CANCELLATION TERMS

The agreed orders are binding for both parties, the Marketplace Seller and the Marketplace Buyer. The ordering Marketplace Buyer and the Marketplace Seller can cancel the order via the "Cancel Order" button on Marketplace according to the following provisions. Any cancelation requires an important reason, which must be stated by the cancelling party.

7.1 Prepaid orders

“Prepaid order” in the sense of these Terms of Use is an order for which the Marketplace Buyer makes full payment before the Marketplace Seller has executed these order/provided the service ordered and paid by the Marketplace Buyer.

The Marketplace Seller may cancel the service ordered from it at any time before it is provided. With the cancellation of the order by the Marketplace Seller, the Marketplace Buyer automatically receives a refund of the prepaid amount. The prepaid amount will be refunded to the Marketplace Buyer within 5 banking days (Frankfurt am Main).

If the Marketplace Buyer cancels the order not later than 24 hours before the provision of the service ordered by him/her, the Marketplace Buyer will receive a full refund of the prepaid amount.

If the Marketplace Buyer cancels the order with a lead-time of less than 24 hours before the time of provision of the service ordered by him/her, he is not entitled to a full refund. In this case the Marketplace Buyer shall discuss the cancelation and refund option directly with the Marketplace Seller.

7.2 Postpaid Orders

“Postpaid order” in the sense of these Terms of Use is an order for which the Marketplace Buyer makes payment after the Marketplace Seller has executed the order.

If the Marketplace Buyer does not have to pay for the ordered service in advance, both the Marketplace Buyer placing the order and the Marketplace Seller can cancel the order before the ordered service is provided by clicking the "Cancel Order" button on Marketplace. A reason must be given for the cancellation.

If the Marketplace Buyer cancels the order after the Marketplace Seller has confirmed the order, the Marketplace Buyer may still have to make a payment to the Marketplace Seller for the order. In this case, the amount of the payment depends on the special cancellation conditions of the Marketplace Seller offering the service.

8. CUSTOMER REVIEWS

8.1 Marketplace Buyers have the option to write a customer review or comment (also with image content) on Marketplace about Marketplace Sellers, their services or goods. Such a customer review or comment is visible to other Marketplace users.

8.2 It is forbidden to publish content that is illegal, obscene, insulting, threatening, defamatory, privacy-infringing, rights-infringing, youth-endangering, personal-integrity-impairing (in relation to children and youths) or otherwise legally inadmissible

8.3 Marketplace reserves the right (but does not assume any obligation without sufficient notice) to remove or comment on prohibited content, in particular content as defined in section 8.2.

8.4 With the publication of a customer review or a comment, the respective Marketplace Buyer guarantees that all rights to the content written under his/her account belong to him/her and that he/she does not violate any applicable term of use and guideline of Marketplace and does not publish any content pursuant to section 8.2. Marketplace Buyers agree to indemnify Marketplace from all claims made by third parties against Marketplace arising out of or in connection with the content (customer reviews, comments, images, etc.) that they publish under their account. However, the Marketplace Buyer is not obliged to indemnify if the liability is based on the fact that Marketplace failed to remove the content appropriately - despite prior notice of its illegality.

9. RESOLUTION OF DISPUTE BETWEEN MARKETPLACE USERS

9.1 Marketplace offers Marketplace Buyers and Marketplace Sellers the possibility of dispute resolution via Marketplace. In the event of problems within the framework of the fulfillment of the contract (complaint due to poor or non-performance), transaction and other complaints about services rendered by the contractual partner, the respective party can initiate a "Claim" via Marketplace. The Marketplace Buyer in question and the Marketplace Seller can immediately discuss the reported transaction-related problem via the "Claim" interface. The participation in the "Claim" offered by Marketplace is voluntary. Marketplace does not conduct a substantive review of the reported dispute and does not make a final legally binding decision on the reported dispute or the Claim asserted in the ongoing dispute resolution process. If the Marketplace Buyer and/or the Marketplace Seller is dissatisfied with the dispute resolution process, the dispute resolution via Marketplace or the outcome of the dispute resolution, the parties should resolve the dispute outside Marketplace or take legal action.

The option of "Claim" can be found in the order interface of both Marketplace Buyers’ and Marketplace Sellers' accounts under the corresponding released button "Claim". For Marketplace Buyers, "Claim" functionality is available after the Marketplace Seller confirms that the service has been provided, at the stage of “Confirmation of execution”. Marketplace Sellers can only use the "Claim" option in case of subsequent payment by the Marketplace Buyer ("postpaid") and only during the stage of "Payment".

If the service has not been provided the Claim might be opened automatically after the Marketplace Seller states Service non-provision at the stage of “Execution in progress”. The Claim will be opened in the following cases:

the Service has not been provided because if the Marketplace Buyer
the Service has not been provided because of the Marketplace Seller and the Marketplace Seller selected Service provision as a method of dispute resolution

9.2 Dispute resolution in case of prepaid order

Marketplace Buyers have 14 days from the moment the Seller confirms that the Service has been provided to report a problem using "Claim"-Button provided by Marketplace. If the Marketplace Buyer confirmed the order as “Done”, the order’s status is changed to “Closed”. The Marketplace Buyer can report a problem within 14 days from the moment the Selle confirmed that the Service has been provided by contacting Customer Service of the Marketplace. If the Marketplace Buyer reports a conflict using the "Claim" option available on Marketplace or via Customer Service of the Marketplace, the Marketplace Seller affected by this action has two business days to respond to this conflict. Working days are days that are not Sundays or public holidays.

Marketplace Seller has 3 days (72 hours) from the moment the Service is expected to have been provided to report that the Service has not been provided. In this case a Claim might be opened automatically.

From the date a conflict is reported via the "Claim" button, via the Customer Service or the Claim is created automatically, the Marketplace Buyer and the Marketplace Seller have 10 calendar days to come to an agreement and resolve the conflict via Marketplace.

The Marketplace Buyer has to select a reason for opening the Claim, the options being “Service not provided” or “Service was provided poorly”. If the reason is “Service not provided” the Marketplace Buyer can select a desired method of dispute resolution, “Refund” or “Service provision”.

If the reason for opening the Claim is “Service was provided poorly” the Marketplace Seller may reject the complaint by the Marketplace Buyer and thus the resolution of the dispute, providing a compelling reason, or choose another of the optionally specified conflict resolution options on Marketplace. For the resolution of the conflict, the provisions agreed below under Sections 9.2.1 to 9.2. shall apply.

9.2.1 Reimbursement of the advance payment as a method of dispute resolution

If the Marketplace Seller chooses full or partial reimbursement as a conflict resolution method, the conflict will be resolved immediately by selecting this type of solution. The corresponding amount will be refunded to the Marketplace Buyer.

9.2.2. Service provision as a method of dispute resolution

If the Marketplace Seller selects the provision of services as a conflict resolution method, the Marketplace Buyer has to either accept or reject the resolution, otherwise the Claim will remain unresolved until 10 days since the date of opening the Claim will have passed. The Claim will be automatically closed as "resolved" after 10 days. If the Marketplace Buyer rejects this type of dispute resolution, the Marketplace Seller has the choice between reimbursing the payment amount made by the Marketplace Buyer for the agreed service or rejecting the claim asserted by the Marketplace Buyer. In both cases, the conflict will be closed noted as “resolved” by Marketplace. If the Marketplace Buyer accepts the resolution, a new date and time of Service provision shall be chosen and the Order shall be updated by the Marketplace Seller.

9.2.3 Lack of response from the Marketplace Seller

If the Marketplace Seller fails to respond in time according to Section 9.2, the Claim will be resolved in such a way that the Marketplace Buyer will receive the refund in full and the Claim will be closed.

9.2.4 Crediting the prepaid order amount

With the Claim rejection, the prepaid payment amount of the Marketplace Buyer will be immediately credited to the account of the Marketplace Seller affected by the reported conflict.

If the reason for opening the Claim is “Service not provided” the Marketplace Seller may reject the resolution selected by the Marketplace Seller, providing a compelling reason, or accept it. For the resolution of the conflict, the provisions agreed below under Sections 9.2.5 to 9.2.8 shall apply.

9.2.5. Reimbursement of the advance payment as a method of dispute resolution

If the Marketplace Buyer chooses Refund as a method of dispute resolution and the Marketplace Seller accepts it, the Claim will be resolved immediately after the Marketplace Seller provides the reimbursement amount and accepts the resolution.

9.2.6. Service provision as a method of dispute resolution

If the Marketplace Buyer chooses Refund as a method of dispute resolution and the Marketplace Seller accepts it, a new date and time of Service provision shall be chosen and the Order shall be updated by the Marketplace Seller.

9.2.7. Lack of response from the Marketplace Seller

9.2.8. Crediting the prepaid order amount

With the rejection of the resolution requested by the Marketplace Buyer, the prepaid payment amount of the Marketplace Buyer will be immediately credited to the account of the Marketplace Seller affected by the reported conflict.

If the Marketplace Buyer and the Marketplace Seller do not resolve the opened Claim within 10 calendar days, calculated from the opening of conflict, Marketplace will automatically close this Claim. In this case, the advance amount payed by the Marketplace Buyer will be credited to the account of the Marketplace Seller with the closure of the conflict.

If the Marketplace Seller states that he failed to provide the Service without prior notice and selects refund as a reimbursement, the Marketplace Buyer will receive refund immediately and no Claim will be created.

If the Marketplace Seller selects Service provision as a resolution, a Claim will be automatically created.

The Marketplace Buyer can either accept or reject the resolution. For the resolution of the conflict, the provisions agreed below under Sections 9.2.9 to 9.2.10 shall apply.

9.2.9. Rejection of the dispute resolution

If the Marketplace Buyer rejects the resolution, the Marketplace Seller is obliged to fully or partially refund the advance amount payed by the Marketplace Buyer. The conflict will be resolved immediately by providing and confirming the reimbursement amount. The corresponding amount will be refunded to the Marketplace Buyer.

9.2.10 Acceptance of the dispute resolution

If the Marketplace Buyer accepts the resolution, a new date and time of Service provision shall be chosen and the Order shall be updated by the Marketplace Seller.

If the Marketplace Buyer and the Marketplace Seller do not resolve the opened Claim within 10 calendar days, calculated from the opening of conflict, Marketplace will automatically close this Claim. In this case, the advance amount payed by the Marketplace Buyer will be credited back to the account of the Marketplace Buyer with the closure of the conflict.

If the Marketplace Seller states that Service has not been provided because of the Marketplace Buyer, the Claim will be automatically created. The Marketplace Buyer can either accept the Claim or reject it thus stating that Marketplace Seller failed to provide the Service. In the latter case the Marketplace Buyer can select a desired method of dispute resolution. For the resolution of the conflict, the provisions agreed below under Sections 9.2.11 to 9.2.14 shall apply.

9.2.11 Acceptance of the Claim

If the Marketplace Buyer accepts the Claim, the Marketplace Seller can demand full or partial reimbursement. The conflict will be resolved immediately by providing and confirming the reimbursement amount. The corresponding amount will be refunded to the Marketplace Seller.

9.2.12 Service provision as a method of dispute resolution

If the Marketplace Buyer requests Service provision as a conflict resolution and the Marketplace Seller accepts it, a new date and time of Service provision shall be chosen and the Order shall be updated by the Marketplace Seller.

9.2.13 Reimbursement of the advance payment as a method of dispute resolution

If the Marketplace Buyer requests Refund as a conflict resolution and the Marketplace Seller accepts it, the Claim will be resolved immediately after the Marketplace Seller provides the reimbursement amount and confirms the resolution.

9.2.14 Rejection of the dispute resolution

If Marketplace Seller rejects the Claim resolution requested by the Marketplace Buyer, the Marketplace Seller can demand full or partial reimbursement. The conflict will be resolved immediately by providing and confirming the reimbursement amount. The corresponding amount will be refunded to the Marketplace Seller.

If the agreed dispute resolution method consists of a partial refund of the advance payment amount to the Marketplace Buyer, the advance payment amount reduced by this refund amount will be credited to the Marketplace Seller’s account.

If the agreed dispute resolution method consists of a partial reimbursement to the Marketplace Seller, the advance payment amount reduced by this reimbursement amount will be credited back to the Marketplace Buyer’s account.

9.3 Dispute resolution in case of a postpaid order

In the case of orders with post payment by the Marketplace Buyer, Marketplace Buyers have 72 hours from moment the Seller confirms that the Service has been provided to report a conflict using "Claim" button provided by Marketplace

If the Marketplace Buyer does not make the contractually owed payment in full within 72 hours after the confirmation of the provision of the service by the Marketplace Buyer, the Marketplace Seller has unlimited time to report a conflict using "Claim" button provided.

The Marketplace Buyer has to select a reason for opening the Claim, the options being “Service not provided” or “Service was provided poorly”. If the reason is “Service not provided” the Marketplace Buyer can select a desired resolution, “Discount” or “Service provision”.

If the reason for opening the Claim is “Service was provided poorly”, the Marketplace Seller may reject the Claim by the Marketplace Buyer and thus the resolution of the dispute, providing a compelling reason, or choose another of the optionally specified conflict resolution options on Marketplace. The conflict resolution is subject to the provisions agreed upon in the following clauses 9.3.1 to 9.3.2.

9.3.1 Full or partial discount as dispute resolution method

If the dispute resolution method selected by the contracting parties is full or partial discount, the conflict will be resolved accordingly and the contract will be settled with the adjusted payment amount.

9.3.2 Service provision as a method of dispute resolution

If the Marketplace Seller selects the provision of services as the method of dispute resolution, the Marketplace Buyer has to either accept or reject the resolution, otherwise the Claim will remain unresolved. If the Marketplace Buyer rejects this type of dispute resolution, the Marketplace Seller has the choice between granting a full or partial discount or rejecting the claim asserted by the Marketplace Buyer. In both cases, the conflict will be closed and noted "resolved" by Marketplace. If the Marketplace Buyer accepts the resolution, a new date and time of Service provision shall be chosen and the Order shall be updated by the Marketplace Seller.

9.3.3. Full or partial discount as dispute resolution method

If the Marketplace Buyer chooses Discount as a dispute resolution method and the Marketplace Seller accepts it, the Claim will be resolved immediately after the Marketplace Seller provides the reimbursement amount and accepts the resolution.

9.3.4. Service provision as a method of dispute resolution

If the Marketplace Buyer chooses Service provision as a dispute resolution method and the Marketplace Seller accepts it, a new date and time of Service provision shall be chosen and the Order shall be updated by the Marketplace Seller.

If the Marketplace Seller states that he failed to provide the Service without prior notice and selects discount as a reimbursement, discount will be applied to the order price immediately and no Claim will be created. If the Marketplace Seller selects Service provision as a resolution, a Claim will be automatically created.

The Marketplace Buyer can either accept or reject the resolution. For the resolution of the conflict, the provisions agreed below under Sections 9.3.5 to 9.3.6 shall apply.

9.3.5. Rejection of the dispute resolution

If the Marketplace Buyer rejects the resolution, the Marketplace Seller is obliged to give the Marketplace Buyer a full or partial discount. The conflict will be resolved immediately by providing and confirming the discount amount.

9.3.6 Acceptance of the dispute resolution

If the Marketplace Buyer accepts the resolution, a new date and time of Service provision shall be chosen and the Order shall be updated by the Marketplace Seller.

If the Marketplace Seller states that Service has not been provided because of the Marketplace Buyer, the Claim will be automatically created. The Marketplace Buyer can either accept the Claim or reject it thus stating that Marketplace Seller failed to provide the Service. In the latter case the Marketplace Buyer can select a desired dispute resolution. For the resolution of the conflict, the provisions agreed below under Sections 9.3.7 to 9.3.10 shall apply.

9.3.7 Acceptance of the Claim

If the Marketplace Buyer accepts the Claim the Marketplace Seller can demand full or partial reimbursement.

9.3.8 Service provision as a method of dispute resolution

9.3.9. Discount as a method of dispute resolution

If the Marketplace Buyer requests Discount as a conflict resolution and the Marketplace Seller accepts it, the Claim will be resolved immediately after the Marketplace Seller provides the discount amount and confirms the resolution.

9.3.10. Rejection of the dispute resolution

If Seller rejects the dispute resolution method requested by the Marketplace Buyer, the Marketplace Seller can demand full or partial reimbursement.

If the Marketplace Buyer does not make the contractually owed payment in full within 72 hours after the confirmation of the provision of the service by the Marketplace Buyer, the Marketplace Seller has the possibility to demand the full payment of the purchase price agreed upon at the conclusion of the contract as a dispute resolution method.

If the Marketplace Buyer complies with the payment, the conflict will be closed on Marketplace

If the Marketplace Buyer does not comply with the payment, the conflict will be closed on Marketplace in 4 weeks after its opening. After that the Marketplace Seller may take a relevant legal action outside Marketplace.

10. PROHIBITED ACTIONS

10.1 Marketplace Buyers and Marketplace Sellers undertake to refrain from all actions which (i) jeopardize or disrupt the functioning of Marketplace or otherwise impair it, (ii) are fraudulent or related to a criminal offense or unlawful activity; and (iii) which allow access to data for which there is no access authorization.

10.2 Furthermore, Marketplace Buyers and Marketplace Sellers must ensure that their information and posted data transmitted via Marketplace are not infected with viruses, worms or Trojan horses. Marketplace Buyers and Marketplace Sellers are obliged to compensate Marketplace for all damages resulting from the non-observance of these obligations and furthermore to indemnify Marketplace from all claims of third parties, including attorney's fees and court costs, which Marketplace is obliged to fulfill due to the non-observance of these obligations according to clause 10 by the respective Marketplace Buyer or Marketplace Seller.

10.3 By registering on Marketplace, the Marketplace Seller and the Marketplace Buyer agree not to encourage each other to cancel an order already made through Marketplace and to order the good and/or service outside of Marketplace. If a Marketplace Seller encourages the Marketplace Buyer to cancel his order on Marketplace and to order directly with the Marketplace Seller, this means that the Marketplace Seller has used the services of Marketplace mediated the contract between Marketplace Seller and Marketplace Buyer without paying the commission fee for them.

In cases where a Marketplace Buyer makes an order and a Marketplace Seller encourages the corresponding Marketplace Buyer to cancel its order on Marketplace and make a separate order directly with the Marketplace Seller ("Self-Brokerage"), both, the Marketplace Seller and the Marketplace Buyer commit a material breach of this User Agreement. In the event of a Self-Brokerage, Marketplace may, at its sole discretion, charge the Marketplace Seller for the total value of the original order made through Marketplace.

If Marketplace has reasonable grounds to believe that a Marketplace User has made or is making any direct or indirect attempt to avoid payment of fees by the Marketplace Seller to Marketplace, this shall constitute a material breach of this User Agreement by the Marketplace User. In this case, Marketplace is entitled to claim a right of retention on the payments to be paid to the Marketplace Seller according to this User Agreement (e.g. from other contracts/orders made via Marketplace) and to set them off against any claims for payment by the Marketplace Seller with the commission fee lost by Marketplace. In addition, Marketplace is entitled to extraordinary termination of the User Agreement with the Marketplace Buyer and/or Marketplace Seller committing the violation as set forth in Section 12.1. The other legal rights and claims to which Marketplace is entitled in the event of such a material breach of this User Agreement remain unaffected by this clause.

11. TERM AND ORDINARY TERMINATION

11.1 Marketplace Buyers and Marketplace Sellers can terminate the User Agreement concluded with Marketplace in each case, unless otherwise agreed (e.g., within the scope of a subscription), properly with a notice period of 30 days in text form. For this purpose, it is sufficient to send a notice of termination by e-mail to the customer service of Marketplace support@a4ord.com or by post to: A4ord FT7 GmbH, Torstrasse 177, Berlin, 10115. This also applies to a subscription already booked by the Marketplace Seller. In the event of such a termination during an ongoing fee-based additional Marketplace Service/Feature, there is no entitlement to (proportionate) repayment. Likewise, the terminating Marketplace Seller shall not be entitled to (proportionate) repayment of the subscription fee for the period already paid, if the subscription ends due to the termination before the regular expiration of the booked subscription.

11.2 Marketplace may terminate the User Agreement at any time with a notice period of 30 days. If a User Agreement has been concluded between the Marketplace User and Marketplace on a fee-based additional service/Feature associated with a certain term, and the agreed term ends only after the date specified in sentence 1, termination by Marketplace is only possible with a notice period of 30 days to the end of the agreed term of the additional service. In the event that Marketplace terminates the User Agreement with a Marketplace Seller while the Marketplace Seller's subscription is still running, Marketplace will repay the subscription fee to the Marketplace Seller affected on a proportional basis for the subscription period already paid in advance and during which the Marketplace Seller cannot use Marketplace due to the early termination of the Use Agreement.

11.3 Upon termination of the User Agreement, the Marketplace User’s account will be deactivated by Marketplace. Access to the Marketplace User Account by the Marketplace User in question no longer exists from this point on.

12. BLOCKING A MARKETPLACE USER ACCOUNT & EXTRAORDINARY TERMINATION

12.1Marketplace is entitled to suspend access to Marketplace at any time, to withhold Marketplace Services or to terminate or restrict a Marketplace User Account with immediate effect if a prohibited act pursuant to Section 10 or any other essential violation/material breach of our Terms of Use or our policies is detected. The extraordinary termination of the Marketplace User account means at the same time termination of the Use Agreement without prior notice by Marketplace.

12.2If the requirements of Section 12.1 are met due to the identification of an act prohibited under Section 10 or any other violation/material breach of our Terms of Use or policies by a Marketplace User, the Marketplace User in question shall not be entitled to any claims for reimbursement from Marketplace in respect of payments and fees, Service Fees already made and for additional services subject to a charge and associated with a certain term.

12.3 Even if the requirements of Section 12.1 are met, the obligations (e.g. payment obligations) established between the Marketplace User in question and Marketplace prior to the termination of the Use Agreement shall continue to exist insofar as they remain unaffected by the material breach.

Furthermore, the obligations established before the extraordinary termination of the contract between the Marketplace Seller and the Marketplace Buyer shall remain unaffected by the termination according to Section 12.1.

12.4 The Marketplace User has the right to terminate the Use Agreement on his part due to a material breach of the Use Agreement by Marketplace. In the event that Marketplace has materially breached the Use Agreement, Marketplace will repay the subscription fee to the Marketplace Seller affected on a proportional basis for the subscription period already paid in advance and during which the Marketplace Seller cannot use Marketplace due to the extraordinary termination of the Use Agreement.

13. LIABILITY

13.1 Marketplace is liable without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty by Marketplace or a legal representative or vicarious agent of Marketplace.

13.2 Furthermore, Marketplace is liable for the slightly negligent breach of essential obligations. Essential are obligations whose violation endangers the achievement of the purpose of the contract or the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you regularly rely. In this case, however, Marketplace is only liable for the foreseeable, contract-typical damage. Marketplace is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after the assumption of a guarantee by Marketplace for the quality of a product or a product and in the case of fraudulently concealed defects by Marketplace. The liability according to the product liability law remains unaffected.

13.3 Insofar as the liability of Marketplace is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.

13.4 Marketplace shall only be liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided by appropriate data backup measures on the part of the user.

13.5 Liability does not extend to impairments of the contractual use of the services provided by Marketplace on the Marketplace that have been caused by improper or incorrect use by the user.

13.6 In addition, the execution of contracts concluded on Marketplace is the sole responsibility of the respective contracting parties, i.e., of the contract via Marketplace between the Marketplace Buyer and the Marketplace Seller. Marketplace assumes neither a guarantee for the performance of the contracts concluded on Marketplace nor any liability for material or legal defects of the traded goods and services for the contracts concluded on Marketplace. Marketplace has no obligation to ensure the performance of the contracts concluded between the Marketplace Users. Furthermore, Marketplace is not liable for any breach of duty of the contracting parties of the contract concluded via Marketplace.

13.7 Marketplace does not guarantee the completeness, correctness and up-to-topicality of the information provided by the Marketplace Seller or Third-Party Provider in his profile and/or in his offer and/or his product/service description. It is the sole responsibility of the Marketplace Buyer to check whether the Marketplace Seller or Third-Party Provider has the required qualification to fulfill the contract and whether the Third-Party Provider's or the Marketplace Seller´s offer has all the quality characteristics desired by the Marketplace Buyer.

13.8 Marketplace is not liable for losses of a Marketplace Buyer and/or Marketplace Seller caused by chargebacks, fraudulent debits and/or other misleading, fraudulent or other actions of a Marketplace Buyer and/or Marketplace Seller, that violate the applicable law, as far as Marketplace is not at fault.

13.9 Any liability of Marketplace arising from and in connection with the use of the "conflict resolution" offered on Marketplace is excluded to the extent permitted by law.

13.10 Insofar as Marketplace provides the possibility of forwarding to databases, web- sites, services of third parties, e.g., by setting links or hyperlinks, Marketplace is not liable for the accessibility, existence or security of these databases or services, nor for their content. Marketplace is not liable for their legality, correctness, completeness, topicality, etc.

14. EXPORT CONTROL

14.1 Marketplace Buyers agree that they will not export, re-export or transfer any products (including software or other digital products) purchased through Marketplace to any country, individual, company, organization or entity to which such export is restricted or prohibited by law. In addition, Marketplace Users agree that you will not purchase products or services through Marketplace if you yourself are subject to restrictive measures (sanctions).

14.2 By using Marketplace, Marketplace Buyers and Marketplace Sellers agree to be aware that, for example, economic sanctions and embargoes imposed by the European Union, the United Nations, the U.S. Department of State, the U.S. Department of the Treasury, the U.S. Department of Commerce, and other government agencies (such as embargoes imposed on certain countries or economic sanctions imposed on individuals or companies for terrorism or money laundering offenses) may prohibit you from bringing Products into other countries, even for your own personal use, and/or from sending Products (whether physically, by mail or digitally via email or file sharing) to certain individuals, companies, organizations or entities.

15. EXEMPTION

15.1 As a Marketplace Buyer and or a Marketplace Seller you will indemnify and hold Marketplace, including employees and agents, harmless from and against all claims, liabilities, damages, losses and expenses, including the costs of necessary legal defense and/or accounting costs, incurred or in any way related to (i) your breach of these Terms of Use or our policies and standards, (ii) your improper or fraudulent use of the Marketplace Platform or our Services, (iii) your interaction with any Buyer, your booking, service or other service; in particular, for any injury, loss or damage (whether compensatory, direct, indirect, consequential or other damages) of any kind incurred in connection with or as a result of such interaction or use; arises or (iv) your violation of any law, regulation or right of any third party. This does not apply if you are not responsible for the infringement.

15.2 Marketplace Buyers and Marketplace Sellers shall indemnify Marketplace against all claims asserted by third parties against Marketplace due to the infringement of their rights based on offers and/or contents posted by them, if and to the extent that the respective Marketplace Buyer or the respective Marketplace Seller is responsible for such infringement.The Marketplace User responsible for the infringement is obliged to bear all costs incurred by Marketplace due to the infringement. The obligation to compensate also extends to the costs of the legal defense of Marketplace, including all court and lawyer's costs, as far as Marketplace could consider the legal defense necessary and the costs are reasonable in amount.

16. CHOICE OF LAW AND PLACE OF JURISDICTION

16.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.

16.2 The (non-exclusive) jurisdiction of the courts of the Federal Republic of Germany is agreed. If you are a consumer habitually resident in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence. You may file claims in connection with these Terms of Use arising from consumer protection standards either in the Federal Republic of Germany or in the EU member state in which you live. The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/.

16.3 We are not obliged to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).

17. GENERAL CONDITIONS

17.1 The language available for the conclusion of the contract is exclusively German. Translations of these Terms of Service and Policies into other languages are provided for your convenience only. In the event of any differences between the language versions, the German text shall take precedence in each case.

17.2 Should individual provisions of these Terms of Use be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining Terms of Use. The invalid provision shall be replaced by the contracting parties by mutual agreement by such a provision which comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.

17.3 The Marketplace Seller is not permitted to declare a set-off or to assert a right of retention against claims of Marketplace, unless the claims are undisputed or legally established.