Terms & Conditions Staxter GmbH

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1 Version englisch_3.7 Terms & Conditions Staxter GmbH 1. Contract Formation and Overview 1.1. These terms and conditions ( Terms and Conditions ) govern the terms under which you may access and use the Staxter App and Website (together, the Service ). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions do not access, register with or use the Service. The language of these Terms and Conditions is English and all Services, instructions and transactions carried out in connection with it shall be in English In these Terms and Conditions, the terms Staxter, we, us, and our refer to Staxter GmbH, together with its employees, directors, affiliates, successors, and assigns. Staxter GmbH is a company registered under number HRB 9690 with the commercial register of the Local Court of Königstein, having its registered office at Am Hohenstein 3-5, Kelkheim, Germany The terms you and your refer to users of the Service, as Senders, Recipients, other users or visitors to the Website or that have downloaded the App These Terms and Conditions are effective from the date on which you first access, register or use the Service. The Terms and Conditions may change from time to time, but changes will only be effective 1 month from the date they are first notified to you and will not change the terms on which you previously used the Service The Service was created to offer customers the ability (a) to credit your phone account with Mobile Top-Up, (b) to credit a third party s mobile phone account with Airtime Top-Up, and (c) to purchase vouchers and gift cards, each at face value without applicable service fees All product offerings on our Website and App are made by third party Vendors and are non-binding. In the event of non-availability Staxter is under no obligation to deliver. A binding contract with the third party is created if Staxter has accepted your order in writing ( ), sent you a top-up code, or performed a direct top-up of your mobile phone account The applicable prices are those listed in the App or on the Website at the time of your order. Delivery occurs digitally inside your Staxter account. No separate delivery, shipping or service fees shall accrue If the ordered product is available Staxter will deliver the product after creditation of your payment to our account in non-activated form. In order to use the product, you need to activate it in your account on our Website or in your App. Until you have activated a product you may still exchange or gift it. Further details in that regard can be found under section Staxter will issue an invoice for the purchased products which will be sent to you by . All products are only delivered against advance payment. The accepted payment methods shall be displayed to you on our Website and in our App during the check-out process. You are not entitled to a delivery on account. All prices on the invoice are end customer prices For security reasons, we recommend that you only send Airtime Top-Up through the Service to people you know personally. You must not use the Service to send Airtime Top-Up to strangers, for example sellers of goods and/or services, whether private or retail Staxter observes all applicable German data protection laws. For more details please consult our Privacy Statement. The Privacy Statement forms a part of the sales contract. 1

2 2. Definitions 2.1. In these Terms and Conditions: Activation means the process of causing any Product (see below) to becoming fully functional. In case of a direct top-up activation means that the process of redemption is initiated and that the top-up value is directly credited to your mobile phone account. In case of vouchers, online codes, and online gift cards activation means that the activation code will be shown to you, which you can then subsequently redeem at your third-party Vendor. From the moment of activation, no Proxy Product can be exchanged, gifted or transferred any longer App means Staxter s mobile application for the sourcing of Products or the sending of Transaction Requests Airtime Top-Up means credit, which is added to a mobile phone account, which can be used to make calls, send text or picture messages and use data, that is purchased by the Sender and credited to the Recipient s mobile phone account typically within a few seconds Business Day means any day on which we are open for business for the execution of Transaction Requests "Destination Country" means the country in which the Recipient receives Airtime Top-Up through the Service Gift Cards means a gift or voucher code which can be redeemed by the Service or at a retail store "Local Taxes" means any taxes or charges payable in the Destination Country Mobile Top-Up means credit, which is added to a mobile phone account, which can be used to make calls, send text or picture messages and use data, that is purchased by the Sender and credited to his own mobile phone Recipient means someone other than the User (see below) who receives Airtime Top-Up, a Gift Card or a Voucher through the Service "Payment Instrument" means a valid instrument of payment such as a bank account, debit card or credit card "Pay-out Amount" means the amount paid out, after any foreign exchange conversion, if applicable, to the Recipient s account Product means Airtime Top-Up, Mobile Top-Up, Gift Cards and Vouchers prior to Activation Sender means someone who uses the Service to send Airtime Top-Up or a Gift Card to a Recipient "Service Provider" means a local bank, money exchange house, or other thirdparty service providers (e.g. mobile network operators) in the Destination Country with whom Staxter works to provide the Service "Transaction" means the purchase of Airtime Top-Up, Mobile Top-Up, Gift Cards or Vouchers from a Vendor through the Service, as well as the gifting of any such product Transaction Amount" means the value of any purchased product, whether you use it yourself or gift or transfer it to a Recipient Transaction History means the record of your Transactions on our Website or App which you may access using your and password registration details. 2

3 "Transaction Request" means a specific instruction from you, requesting us to deliver a Proxy Product to you or a Recipient User means a customer who uses the Service Vendors are participating third-party merchants, retailers and vendors of Gift Cards, Mobile Top-Ups or Airtime Top-Ups Voucher means an Online Gift Card Website means Staxter s set of webpages under the domain for the sourcing of Proxy Products or the sending of Transaction Requests. 3. Our Obligations 3.1. Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions We are not obliged to process any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, if applicable, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion. A Transaction can also be refused by a payment service provider, for which we assume no responsibility We are also not obliged to perform an Activation and may, e.g., refuse to do so, if we have the suspicion that it relates to a fraudulous or illegitimate Transaction. If we decide not to perform an Activation, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so Staxter reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time We may, in our absolute discretion, refuse any Transaction Request (as further detailed in clause 5) or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments Delivery times quoted on our service levels or elsewhere on our Website or App are representative for the normal /average service and are not a guarantee of an individual Service or Transaction time We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction Requests; to contact you; or due to variations in business hours; or otherwise to comply with applicable law. 4. Your Obligations 4.1. You agree that: you will not access, use or attempt to use the Service to provide any Transaction Requests unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction; 3

4 for each Transaction Request that results in Staxter becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees; we may apply a convenience fee for processing credit cards or other payment methods in certain jurisdictions at our discretion, provided this is not prohibited by law; you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Transaction Request being conducted through the Service; in connection with your registration and use of the Service, you will: provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes; provide us with any identity documentations as may be requested by us; provide us with details of one or more Payment Instruments; provide us with true, accurate, current and complete information as we indicate on the Website and App is required to receive the Service and any other information which may be required in relation to the Recipient; provide us with: (i) any other information that must be provided for a Transaction Request to be properly executed, as specified when you enter the details of the Transaction you are interested in on our Website or App; and (ii) such information relating to the Transaction as detailed in clause When you are using the Service under these Terms and Conditions, it is your responsibility to make sure all the details are accurate before submission. Once a Transaction Request has been received, it is not normally possible to change any details of that Transaction Request. You will be given the opportunity to confirm Transaction Requests before submission and you must check the details carefully The Transaction Amount that you will be required to pay, will be displayed clearly on the Website or App before you are asked to confirm your Transaction, and proceeding with the Transaction at this point is entirely optional You will only use the Service to send Airtime Top-Up or Gift Cards to people that you know personally, and not to pay for goods or services from third parties you do not know and trust. You acknowledge that Staxter may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or unethical activities. If you choose to pay third parties for goods and services using the Service, you acknowledge that Staxter has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk Both you and the Recipient will only act on your own behalf. You may not submit a Transaction Request or receive a Transaction on behalf of a third person In using the Service, you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send products: (i) to a Recipient who has violated the Terms and 4

5 Conditions, or (ii) in connection with illegal activity including, but not limited to, money-laundering, fraud and the funding of terrorist organisations. If Staxter reasonably believes you are using the Service in connection with illegal activity or for any fraudulent purpose, or are permitting a third party to do so, Staxter may report you to the appropriate legal authorities When using our Service or when interacting with Staxter, with another user, or with a third party, you will not: breach these Terms and Conditions, or any other agreement between you and Staxter; create more than one registration without our prior written permission; provide false, inaccurate, or misleading information; allow anyone else access to your registration details, and you will keep those details safe and secure; refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation; use an anonymising proxy (a tool that attempts to make your activity untraceable); or copy or monitor our Website using any robot, spider, or other automatic device or manual process, without our prior written permission You acknowledge that nothing in these Terms and Conditions or in any other information provided by Staxter as part of the Service is intended to be, nor should it be construed to be, legal or other advice. If required, you agree to consult your own professional advisers as to the effects of German or foreign laws which may apply to the Service. 5. Our Right to Refuse, Suspend or Cancel 5.1. We may refuse any Transaction Request or Transaction at any time for any reason (or cancel it where relevant). Notwithstanding this, we set out here some examples of when that may occur We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions where we believe that the Service is being used, whether by you or the Recipient, in furtherance of illegal, fraudulent or unethical activities We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions, if Staxter believes you are using the Service to purchase goods or services from third parties you do not know or trust We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if: Staxter is unable to verify your identity; You do not comply with information requests pursuant to clause 5.3; or Staxter reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations Where Staxter has refused or cancelled a Transaction Request or Transaction, Staxter may also, at its discretion, temporarily or permanently suspend your Registration In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction. 6. Your Right to Cancel, Refunds 5

6 6.1. **Cancellation Instruction**: You have the right to withdraw your contractual declaration within 2 weeks in textual form (e.g. by letter, fax, ) without giving reasons. The term starts to run from the receipt of this instruction, however not before contract formation and not before the discharge of our information duties pursuant to 312c para. 2 BGB (German Civil Code) in conjunction with 1 paras. 1, 2 and 4 BGB-InfoV (Ordinance on Information and Attestation Duties under Civil Law), as well as our obligations pursuant to 312e para. 1 sentence 1 BGB in conjunction with 3 BGB-InfoV. For meeting the deadline, it is sufficient that the cancellation notice is sent before it lapses. The cancellation notice must be addressed to: Staxter GmbH, Am Hohenstein 3-5, Kelkheim, Telefax: +49 (0) , service@staxter.com. Consequences of Cancellation: In the event of a valid cancellation any mutually received benefits have to be returned by the parties and any emoluments drawn have to be surrendered. If you are unable to return a received benefit, partially or wholly, or if you can return the received benefit only in a deteriorated form you have to pay us compensation instead. This may have the result that you nevertheless have to fulfil your contractual payment obligations for the time period until the cancellation. Obligations for the repayment of payments must be fulfilled within 30 days. The term starts to run for you with the sending of the cancellation notice, for us with its receipt. Special Notice: The right to cancellation for services becomes extinct prematurely if the contract is fulfilled in its entirety by both parties before you exercised your right of cancellation. **End of Cancellation Instruction** 6.2. Once we received and accepted your Transaction Request for a Product, you do not have the automatic right to revoke it Once you have activated a Gift Card, Mobile Top-Up, or Airtime Top-Up, this operation cannot be revoked If you (i) have any problems using the Service; or (ii) are aware of any unauthorised or incorrectly executed Transactions; you should contact us through the channels listed at the end of these Terms and Conditions without delay and in any event no later than 6 months after the date the Transaction Amount was debited, upon becoming aware of the unauthorised or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by ) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender's full name, address, and phone number, together with the invoice number, Transaction Amount, and the reason for your refund request If we have executed the Transaction in accordance with the Transaction Requests you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction Where Staxter has executed the Transaction otherwise than in accordance with your Transaction Request, Staxter will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency. 7. Intermediation and Activation 6

7 7.1. When purchasing a Product via the Service you are in all cases contracting directly with the Vendor of the specific product, not with Staxter. Staxter acts only as an intermediary Mobile Top-Ups and Gift Cards sold via the Website and the App, are delivered as not activated. A non-activated product represents a generic stored value (advance payment) coupled with our promise to purchase and deliver the underlying product to you upon your activation. Only upon your activation of a Mobile Top-Up or Gift Card will Staxter purchase the underlying Product from the Vendor who will deliver it directly to your Staxter wallet and we will pay the purchase price of the underlying product on your behalf Your Staxter wallet will display all the activated and the non-activated stored values in your account at any given time Activation is performed if you check the appropriate box next to the Proxy Product in question As long as you have not yet activated a Mobile Top-Up or a Gift Card you may exchange it for another Product of the same value shown to you in the product catalogue on the Website or App. If you have received your Gift Card as a gift from another User you may however face certain functionality restrictions if the Sender has chosen to disable those functions. 8. Mobile Top-Up 8.1. There are two ways of performing a Mobile Top-Up. In case of a direct top-up the purchased top-up amount will be directly credited to your mobile phone account. In case of a top-up via top-up code your mobile phone will only be topped up once you have inputted the top-up code shown to you in your mobile phone To purchase Mobile Top-Up you agree to comply with and undertake the provisions set out in these Terms and Conditions and this clause The Mobile Top-Up service shall only be provided to you by us in respect of the mobile phone operators available on the Website and in the App, which are subject to change and availability You will be required to input your mobile phone number to which any Mobile Top- Up is to be credited into the appropriate space on the Website or App. It is your responsibility to ensure that you have correctly inputted the mobile phone number. You will then be required to select the amount of Mobile Top-Up that you wish to credit your mobile phone number with. However, if you enter the wrong number, the transfer will go ahead and there is no way to reclaim or redirect the Mobile Top- Up once the Transaction Request has been processed by us The Transaction Amount that you will be required to pay will be displayed clearly on the Website or App before you are asked to confirm your Transaction, and proceeding with the Transaction at this point is entirely optional The Mobile Top-Up is typically credited within a few seconds to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Mobile Top-Up to the mobile phone number e.g. due to congestion on the local mobile network. If you have questions about a longer delay, please contact service@staxter.com You agree and understand that we only act on your authorisation to purchase Mobile Top-Up, and the relevant mobile operator shall be solely liable to you for the provision of mobile services related to the Mobile Top-Up. Once the Mobile Top-Up has been activated, it cannot be refunded or removed from the phone. 7

8 8.8. You acknowledge that you will lose the right to cancel the Mobile Top-Up once the Mobile Top-Up service has been fully performed by us (Activation). Accordingly, you will have no right to request a refund under the European Union (Consumer Information, Cancellation and Other Rights) Regulations Please note that the Service limits the number of Mobile Top-Ups that can be performed or the maximum value of Mobile Top-Ups purchased over a specific time period (e.g. daily, weekly, monthly) Other limits and exclusions related to Mobile Top-Ups or the use of the Website or the App may be applicable. You will be notified through the Website, the App or by of these additional limitations should they exist or come into existence. 9. Airtime Top-Up (Remittance) 9.1. To send Airtime Top-Up, you agree to comply with and undertake the provisions set out in these Terms and Conditions and this clause The Airtime Top-Up service shall only be provided to you by us in respect of the mobile phone operators available on the Website or App, which are subject to change and availability To carry out an Airtime Top-Up you will be required to first select the Destination Country of the Recipient and then to input the mobile phone number to which any Airtime Top-Up is to be credited into the appropriate space on the Website or App. You will then be shown the appropriate mobile operator, or, if there are several eligible providers, a list thereof, from which you must choose the applicable mobile operator. The most likely choice will be highlighted. You will then be required to select the amount of Airtime Top-Up that you wish to credit that mobile phone number with in the applicable local currency. It is your responsibility to ensure that you have correctly inputted the mobile phone number. However, if you enter the wrong number, the transfer will go ahead and there is no way to reclaim or redirect the Airtime Top-Up once the Transaction Request has been processed by us. You are responsible for checking carefully with the Recipient that you have their correct phone number The Transaction Amount that you will be required to pay will be displayed clearly in the applicable local currency on the Website or App before you are asked to confirm your Transaction. In addition, the corresponding Euro amount that you are required to pay will also be shown to you. Proceeding with the Transaction at this point is entirely optional A number of countries around the world have chosen to apply taxes to incoming Airtime Top-Ups. When sending to a Recipient in these countries, the corresponding deduction will be made from the Transaction Amount, meaning the Recipient will get a lower amount of Airtime Top-Up If the Recipient you are sending to is in a country which does deduct taxes from Airtime Top-Ups, you will see information about the rate on the Staxter Website or App before completing the transfer The Airtime Top-Up is typically credited within a few seconds directly to the mobile phone number you provide upon successful payment by you and you will receive a confirmation message thereon on the Website or in the App. The Recipient of the Airtime Top-Up will be informed via SMS about the successful top-up by his mobile operator. Occasionally, there may be a short delay before the relevant mobile operator applies the Airtime Top-Up to the mobile phone number e.g. due to congestion on the local mobile network. If you have questions about a longer delay, 8

9 please contact If, for whatever reason, the Airtime Top-Up cannot be carried out, you will be informed thereof on the Website or in the App and the Transaction will be reversed. In such case the amount you paid will be automatically credited back to the payment instrument you used for the purchase You agree and understand that we only act on your authorisation to send Airtime Top-Up, and the relevant mobile operator shall be solely liable to you and the Recipient of the Airtime Top-Up for the provision of mobile services related to the Airtime Top-Up. Once the Airtime Top-Up is sent to a mobile phone number it cannot be refunded or removed from the phone. To stop this mistake from happening, we ask you to ensure that the number you have entered is correct You acknowledge that you will lose the right to cancel the Airtime Top-Up once the Airtime Top-Up service has been fully performed by us (activation on the Recipient s account). Accordingly, you will have no right to request a refund under the European Union (Consumer Information, Cancellation and Other Rights) Regulations Please note that the Service limits the number of Airtime Top-Ups that can be performed or the maximum value of Airtime Top-Ups sent over a specific time period (e.g. daily, weekly, monthly) Other limits and exclusions related to Airtime Top-Ups or the use of the Service may be applicable. You will be notified through the Website, the App or by of these additional limitations should they exist or come into existence. 10. Gift Cards (Vouchers) We offer a variety of Gift Cards for purchase through our Service. To purchase Gift Cards for your own use or to send them to a third party as a gift, you agree to comply with, and undertake the provisions set out in these Terms and Conditions and this clause All Gift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order After purchasing a Gift Card, you (or the Recipient of the Gift Card) must activate the Gift Card. The Gift Card will only function upon such activation. Non-activated gift cards are displayed to you in the appropriate section inside your Staxter wallet Gift Cards purchased via the Service are issued and redeemed by Vendors. Your purchase of each Gift Card will be governed by certain terms and conditions established by the issuing Vendor. Depending on the applicable law of your jurisdiction and the promotional nature of certain Gift Cards, Vendors may set expiration dates for such Gift Cards, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Vendor terms and conditions prior to purchasing any Gift Card. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor As issuers of the Gift Cards, Vendors (and not Staxter) are fully responsible for all aspects of their Gift Card programs. Vendors are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Gift Card. While Staxter strives to work with reputable Vendors, Staxter has no liability for (i) the sale of products or services to you by a Vendor through the use of any Gift Card; and (ii) any Vendor s failure to 9

10 honour a Gift Card. You will need to look solely to the Vendor for any remedy in connection with the foregoing issues We attempt to be as accurate as possible and to eliminate errors on the products that we sell; however, Staxter does not represent or warrant that any Gift Card and information about the Gift Card (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. 11. Availability, Errors and Inaccuracies We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. 12. Contests, Sweepstakes and Promotions Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. 13. Content Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it, and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 14. Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Staxter GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Staxter GmbH. 15. Links to Other Web Sites 10

11 15.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Staxter GmbH Staxter GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Staxter GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. 16. Termination We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms Upon termination, your right to use the Service will immediately cease. In order to close your account, your Staxter wallet may not contain any inactive Products, any activated products marked as not redeemed, and any pending gifting transactions. 17. Limitation of Liability In no event shall Staxter GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 18. Disclaimer Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance Staxter GmbH, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. 19. Governing Law These Terms and Conditions shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. 11

12 20. Amendments of these Terms and Conditions We reserve the right to modify these Terms and Conditions unilaterally, if and to the extent that becomes necessary as a result of a subsequent occurrence of disturbance of contractual equilibrium, to adjust to a change in legislation or to conform with decisions handed down from the German and European highest courts, to adjust to subsequent technical changes or to subsequently introduced new products, features, and services. We will inform you about the contents of such changes via sent to your last known address. The changes becomes effective if you do not object to their inclusion in our contractual agreement by clicking on the link shared with you in the within 2 weeks of reception of the change notice By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, your ability to the use our service may be limited. 21. Contact Us If you have any questions about these Terms and Conditions, please contact us at service@staxter.com. 12