General Terms and Conditions: www.nawida.de

This English translation is provided for convenience only. The German version is legally binding.

I. Scope of Application

The services offered by NAWIDA GmbH on the website www.nawida.de are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). NAWIDA GmbH (hereinafter: "NAWIDA") provides its services exclusively on the basis of the general terms and conditions set out below (hereinafter: "GTC"). The customer's own terms and conditions do not apply, even if NAWIDA does not expressly object to them or provides its services without reservation. If the customer accesses third-party offerings via NAWIDA's services or telemedia, only the respective terms and conditions of those third parties apply to the relationship between the customer and the third party.

II. Description of Services

NAWIDA provides services and solutions for a wide range of business areas and challenges on its platform nawida.de. The services are provided by NAWIDA or by partners of NAWIDA's network. In addition to these services, NAWIDA offers software products and tools that enable users to find answers to everyday business challenges themselves. The scope of services for the respective service results from the associated service description at the time the service is ordered. When using the services, third-party charges for the data connection may apply. The data connection is expressly not included in NAWIDA's scope of services. NAWIDA strives to keep its services available as continuously as possible. This does not include maintenance periods and periods during which the servers are unavailable due to events beyond NAWIDA's control, for example force majeure, technical problems outside NAWIDA's sphere of influence, actions of third parties not commissioned by NAWIDA, restricted or discontinued functionality of the internet, etc. NAWIDA is entitled to expand its services, adapt them to technical progress and/or make improvements. This applies in particular if the adaptation appears necessary to prevent misuse or if NAWIDA is obliged by statutory provisions to adapt its services.

III. Recommendations

When the portal nawida.de is used, individualized recommendations are displayed which are based on the individual use of the portal by registered customers and of the products, the search terms/search results used and the analysis results produced. The recommendations are provided in the form of overlays, pop-ups or advertisements on nawida.de. The analysis and placement of the recommendations are generally carried out automatically. The recommendations are always non-binding and serve to provide customers with better support tailored to their interests and needs.

IV. Conclusion of Contract, Registration

To be able to use NAWIDA's services, the customer must register via the website nawida.de using their name and email address. They can also set their own password for access. To order a paid service package, personal details such as company, surname, first name, email address, telephone number, address and VAT ID are required as well as, depending on the payment method, a billing address or credit card on file. After setting up their account and confirming their email address, the customer can access NAWIDA's paid services and book services. With electronic confirmation and by accepting the GTC and the privacy policy, the customer submits a legally binding contract offer with regard to the selected service package. The customer is bound to each order for 14 days. If the desired order is not a product that is immediately available at a fixed price, the customer can first send an inquiry about the product and its availability. NAWIDA will provide the customer with further details about the product on the basis of the information provided with the inquiry, whereupon the customer can then place their binding order. The paid contract is concluded through express acceptance of the customer's contract offer by email or through the provision of the service by NAWIDA. If we are currently unable to provide the requested services, we will inform the customer without delay.

V. Prices and Payment Terms

All prices are exclusive of the applicable value added tax, currently 19%. Unless the customer has selected bank transfer as the payment method, the customer authorizes NAWIDA to collect all charges arising under the contractual relationship via the credit card on file. Payments are due immediately upon receipt of the invoice and, unless agreed otherwise, must be made within 14 days by transfer to the account specified by us. In the case of credit card payment, the credit card account is charged directly after the invoice has been sent. NAWIDA provides an electronic invoice in the secure customer account for each payment transaction. Upon request, invoices are sent by email free of charge. The customer agrees to invoices being sent exclusively in electronic form. The customer is in default even without a reminder if they do not pay within 14 days of receipt of an invoice or of the notification that the invoice has been made available in the customer account. In the event of a payment default by the customer, NAWIDA may claim default interest in accordance with Section 288 BGB.

VI. Performance of Services by Third Parties

NAWIDA is entitled to have the commissioned services performed by third parties at any time.

VII. Confidentiality

NAWIDA and the customer are obliged to keep secret and treat as confidential the business and trade secrets of the respective other party which have been entrusted to them or have become known to them in connection with the contractual relationship, not to disclose them to third parties — with the exception of subcontractors pursuant to Section V — to use them exclusively for the performance of this contract, and not to exploit them for themselves or for others even after termination of this contract.

VIII. Warranty NAWIDA points out that, given the current state of technology, it is not possible to create hardware and software in such a way that it works without errors in all application combinations or can be protected against any manipulation by third parties. Furthermore, NAWIDA does not warrant that NAWIDA's services meet the user's requirements and/or are available at all times without interruption or error.

IX. Liability of NAWIDA.

NAWIDA is liable, irrespective of the legal grounds, only in accordance with the following provisions. NAWIDA is liable in cases of intent and gross negligence in accordance with the statutory provisions. In cases of slight negligence, NAWIDA is liable only for the breach of a material contractual obligation whose fulfillment is a prerequisite for the proper performance of the contract in the first place and on whose observance the user may regularly rely (cardinal obligation). In these cases, NAWIDA is liable only up to the amount of the foreseeable damage typical for this type of contract. In cases of slight negligence, liability for all other damage, in particular consequential damage, indirect damage or lost profits, is excluded. The above limitations do not apply in the event of injury to life, body or health, in the event of the assumption of a guarantee, or in the case of liability under the German Product Liability Act (Produkthaftungsgesetz). To the extent that NAWIDA's liability is excluded or limited, this also applies to the liability of NAWIDA's employees, other staff, representatives and vicarious agents.

X. Obligations of the User

The user warrants to NAWIDA that all data transmitted by the user to NAWIDA is complete and correct. The user undertakes to notify NAWIDA without delay of any changes to their data. NAWIDA is entitled to send all information and declarations of intent relevant to the respective contractual relationship to the email address specified by the user. The user warrants that they will check this address regularly for new messages. Only one registration is permitted per user. The registration with NAWIDA is not transferable. Each user receives a password. The user manages their passwords and other access data conscientiously and takes care to keep them secret. The user is required to change their passwords regularly and, insofar as passwords have been assigned to them, will change them without delay. The user undertakes not to disclose the password, even upon request. NAWIDA points out that NAWIDA employees are not authorized to ask users for their password. If you have forgotten your password, you can use the "Forgot password" function to request that a new password be sent to the email address you have provided. The user is obliged to inform NAWIDA without delay as soon as they become aware that third parties are using their password without authorization. The user is obliged to compensate NAWIDA for all damage attributable to a misuse of the passwords by third parties or the use of the passwords by third parties, insofar as the user is responsible for this.

XI. Final Provisions

All legal relationships between the user and NAWIDA are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising between the user and NAWIDA is the registered office of NAWIDA. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the contracting parties with a provision that comes closest to the economic result intended by the user and NAWIDA. The same applies in the event of a gap in these provisions. XII. Provider Identification The provider of the services offered at www.nawida.de is NAWIDA GmbH, Lindenstraße 11, 36269 Philippsthal; Amtsgericht Charlottenburg (Berlin) (local court), commercial register number HRB 237131 B, VAT ID (USt.-Ident-Nr.): DE350700606, email: [email protected] Managing director authorized to represent the company: Marc Fischer