AGB

1. GENERAL

Funfsterne operates an internet-based software application (hereinafter referred to as the 'Service') that supports entrepreneurs in their activities on trading platforms. The Service is available through the internet, including the domain Funfsterne.de. Funfsterne, located at Kurfürstendamm 45, 10707 Berlin, Germany, is the provider of the Service. These terms and conditions apply to all current and future business relationships between the user and Funfsterne. Any deviating, conflicting, or supplementary terms and conditions of the user (including terms of purchase) do not become part of the contract unless their applicability is expressly agreed upon at the time of contracting. Any standard reference by the user to their terms and conditions is expressly objected to.

2. CONTRACT CONCLUSION

The subject of the usage agreement is the provision of the Service to the user for utilizing its functionalities. The scope of services, including technical functionalities and the extent of the offered services, depends on the selected tariff during the registration process. The specific features of a tariff are described in the service description. Additionally, Funfsterne reserves the right to offer additional services beyond the selected tariff. The costs and scope of such additional services are also outlined in the service description and the valid price list. To use the Service, the user must have an internet connection, an internet-enabled device, and an up-to-date internet browser, which are the user's responsibility. The achievement of a specific sales success on trading platforms is not part of the contract. Funfsterne only provides the opportunity to use certain services, and the successful implementation of these services is solely the responsibility of the user.

3. CONTRACTUAL AGREEMENT

The use of the Service is only possible within the framework of a usage agreement. The conclusion of a contract for the use of the Service is only possible for entrepreneurs, legal entities under public law, or public special funds. The user is obliged to provide accurate information about themselves and their company at the time of contract conclusion and to keep their data up to date. Funfsterne offers the conclusion of paid usage agreements. By completing and submitting the corresponding form, the user declares their intention to enter into a contract with Funfsterne for the use of the services. The user has the option to review their personal and company information before submitting the form and correct any relevant fields if necessary. They can also review the selected services and make changes by selecting the corresponding checkboxes. By clicking the appropriate button, the user submits a binding offer to conclude a usage agreement. Funfsterne accepts the offer by sending an order confirmation, which includes the access data for the services. The contract can be concluded in German or, depending on the platform used, in English. While Funfsterne stores the contract text, it is not accessible to the customer.

4. PROVISION OF THE SERVICE

Funfsterne provides the Service to the user upon activation. The point of transfer for the provision of the Service is the router exit of Funfsterne's data center. Funfsterne ensures a service availability of 97% on an annual average at the transfer point.

5. USAGE AUTHORIZATION, RIGHTS

Funfsterne grants the user a non-exclusive, non-licensable, and non-transferable right to use the Service for their own business purposes during the contract term. Ungranted rights are not applicable to the user. The user is specifically prohibited from providing access to the Service to third parties or providing services for third parties using the Service. This exclusion does not apply to service providers acting directly on behalf of the customer. If a database or databases, or a database work or works, are created on Funfsterne's server during the contract term, all rights to these databases or database works belong to the user. The user remains the owner of the databases or database works even after the contract ends.

6. FEES, PAYMENT

If the use of the Service is chargeable, the costs are determined according to the information provided in the respective price list. All prices are subject to the applicable value-added tax. Payments must be made in accordance with the respective service description and can be made using the available payment methods. If the parties agree on payment by direct debit, the user grants Funfsterne a SEPA direct debit mandate for each due payment, including recurring payments and varying amounts. The advance notice period (pre-notification) is reduced to 1 day, if permissible. The user undertakes to ensure sufficient funds in the account. Costs incurred due to non-payment or chargeback of a payment order are the responsibility of the customer, unless the non-payment or chargeback was caused by Funfsterne. In addition, Funfsterne charges a processing fee of 10€ net. Funfsterne invoices are issued in electronic form and sent via email. Funfsterne may also provide the user with the option to download invoice documents in file format within their user account. If the user requests additional delivery by postal mail, Funfsterne is entitled to charge a flat fee according to the price list. Funfsterne acts as an intermediary platform between the entrepreneur and the tester. In this role, Funfsterne manages the credit balance deposited by the entrepreneur on the platform and uses it to make payments to testers in managed campaigns. Deposited funds on Funfsterne must be used for tool services (tester payouts, purchase of managed/fully managed surcharges). Withdrawal of Funfsterne credit in cash or transfer to a bank account is not possible.

7. USER'S OBLIGATIONS

The user selects access credentials for the purpose of using the Service. The user is obliged to keep these access credentials confidential and to inform Funfsterne immediately about any loss or unauthorized use of the access credentials by third parties. The user is not allowed to provide access credentials to third parties. Funfsterne is entitled to block access credentials if there is suspicion of unauthorized use or abuse of the data. The user may only use the Service for their own business purposes. The user undertakes not to use the services to promote offerings that compete with Funfsterne or to collect data or contact details of third parties within the services for the purpose of contacting or establishing contractual relationships with these third parties outside the services. If the user discovers that the Service is not working or not functioning properly, they are obligated to promptly notify Funfsterne in writing.

Hiermit wird festgelegt, dass die Vergütung für die Dienstleistung der Werbeoptimierung, insbesondere im Zusammenhang mit der Vergabe von positiven Bewertungen, im Voraus zu entrichten ist. Der Kunde erklärt sich ausdrücklich damit einverstanden, dass die vollständige Zahlung vor Erbringung der Leistung erfolgt. Es besteht kein Anspruch darauf, die Zahlung erst nach Abschluss oder Erbringung sämtlicher Bewertungen zu leisten. Eine Zurückhaltung der Zahlung bis zur vollständigen Abwicklung der Bewertungen ist ausgeschlossen. Mit der Annahme dieser Allgemeinen Geschäftsbedingungen akzeptiert der Kunde die hier aufgeführten Zahlungsmodalitäten und verpflichtet sich zur fristgerechten Begleichung der Rechnung vor Beginn der Leistungserbringung. Der Kunde hat kein Recht, vom Vertrag zurückzutreten, wenn die vereinbarte Dienstleistung nicht innerhalb des festgelegten Zeitfensters erbracht wird. Verzögerungen aufgrund unvorhersehbarer Umstände, höherer Gewalt oder anderer vom Dienstleister nicht zu vertretender Ereignisse berechtigen den Kunden nicht zum Rücktritt vom Vertrag oder zur Geltendmachung von Schadensersatzansprüchen. In solchen Fällen ist der Dienstleister bemüht, die Dienstleistung in einem angemessenen Zeitraum nachzuholen, ohne dass dies als Vertragsbruch gilt.

8. DATA PROTECTION

The parties will comply with the applicable data protection regulations, particularly those valid in Germany. Funfsterne is entitled to statistically analyze user data in anonymous form and use it for its own purposes, including advertising purposes. This is done primarily for the development of the services.

9. LIABILITY

Funfsterne is liable for the ratings submitted and assures to submit all the ratings booked. After sending the final report, Funfsterne guarantees the existence of the ratings for 90 days. After the end of the period, Funfsterne is no longer responsible and the order is final.

10. DURATION, TERMINATION

The term of the contract for the paid use of the Service begins upon activation by Funfsterne and runs on a monthly basis for an indefinite period. If the user chooses a different payment interval, the contract term is extended to the selected payment interval. The term of a contract for the paid use of the Service is automatically extended by the respective contract term if not terminated in due time. If used services, particularly additional services, exceed the contract term, the contract cannot be terminated before the expiration of the additional services' term. Termination, including termination by Funfsterne, must be in text form and requires a notice period of two weeks prior to the end of the respective term. The right to terminate without notice for good cause remains unaffected. Such termination also requires text form. If the user unilaterally discontinues the use of the Service before the termination notice period expires, they remain obligated to pay the fees. If the customer is in substantial payment arrears with the monthly costs or any other payment obligations, Funfsterne may revoke the user's right to use the services until the payment arrears are fully remedied and/or refuse further services. The right to terminate without notice for good cause remains in effect alongside the right to revoke the user's usage authorization.

11. CHANGES TO THESE TERMS AND CONDITIONS, TRANSFER OF RIGHTS

Funfsterne has the right to change the provisions regarding the services to be provided at its reasonable discretion, considering technical requirements and market conditions, as far as this is reasonable for the user. Changes to these General Terms and Conditions will be published within the Service. The user will be informed about changes to the terms and conditions, which do not fall under section 1, in writing. The changes become effective unless the user objects to the respective changes in writing within 14 days after receiving the notification of changes. The user will be informed about the significance of their silence along with the notification of changes. If the user objects to the changes, Funfsterne is entitled to terminate the contract at the end of the current term. If Funfsterne does not exercise this termination right, the contract will continue under the conditions in effect until then.

12. FINAL PROVISIONS

The laws of the Federal Republic of Germany apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply. If the user is a merchant, a legal entity under public law, or a public special fund, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Funfsterne. The same applies if the user does not have a general place of jurisdiction in Germany or if their residence or habitual abode is unknown at the time the legal action is filed.