LIBERO Exchange
Customer Terms and Conditions
of
LIBERO football finance AG
Taunusanlage 9-10
60329 Frankfurt
Germany
(hereinafter referred to as „LIBERO football finance AG“)
1. General information and scope
- These Customer Terms and Conditions apply to all legal transactions between LIBERO football finance AG, hereinafter also referred to as „we,“ and you as a professional or semi-professional soccer club or your partnership or corporation spun off for game operations (hereinafter referred to as „Customer“ or „you“) for the brokerage of financing products and marketing services offered on our LIBERO Exchange platform (hereinafter also referred to as „LIBERO Exchange platform“ or „platform“) by our platform partners.
- By accepting these Customer Terms and Conditions, a customer contract is concluded between you and us based on the information provided during your registration or order for services. These Customer Terms and Conditions apply exclusively to the services we provide to you. Any deviating terms and conditions of the customer do not apply to us and therefore do not form part of the contract. The validity of such terms and conditions is expressly rejected. The priority of individual agreements between the parties over the customer contract remains unaffected.
- LIBERO football finance AG and the LIBERO Exchange platform exclusively offer services provided by third parties, our partners (hereinafter also referred to as „partners“). With regard to the services offered by our partners on the LIBERO Exchange platform, we act as an intermediary for corresponding contracts that are concluded directly between you as a customer and the partners. We receive a fee from the respective selected partner for these intermediary services.
- Each partner has its own terms and conditions, which you must accept if a contract is concluded between you and a partner. When and whether a contract between you and a partner is concluded via a service offered on the LIBERO Exchange platform is made clear by the explicit naming of the partner in the communication and contract conclusion process on our platform, as well as a reference to its terms and conditions.
- The LIBERO Exchange platform is available exclusively to companies within the meaning of § 14 BGB (German Civil Code), registered associations, legal entities under private law, and public law corporations.
2. Subject matter of the contract
- With its „LIBERO Exchange Platform,“ LIBERO football finance AG offers a brokerage platform for the services of its partners. The services of the partners include, in particular, the provision of financing products such as loans, credit lines, factoring, pre-financing of media and sponsorship revenues, project financing and working capital, as well as the provision of marketing services (hereinafter also referred to collectively as „partner services“). The exact partner service portfolio can be found in the presentation of the various products and services on the LIBERO Exchange platform.
- We provide you with services (hereinafter also referred to collectively as „Platform Services“), such as, in particular
- the provision of our LIBERO Exchange platform as a technical environment for setting up a customer account including a customer profile,
- for placing anonymous financing, consulting, and collaboration requests,
- matching with suitable partners,
- brokering the conclusion of a contract for your use of the partner services, and
- processing and/or support in the negotiation, payment, administration, and any other communication processes between you and our partners.
- Upon the customer contract taking effect, you will receive a right of use to utilize our platform services through your registration in accordance with the provisions of Section 3.
- In addition, we will provide support measures via email to the extent possible in relation to the provision of our platform services to you and our partners. During normal business hours (usually between 9 a.m. and 5 p.m. daily), we accept emails and calls via tel. +49 69 5050 604247 and email:info@libero-football-finance.com . We usually respond to these within 24 hours or forward them for clarification.
- Unless expressly agreed otherwise, a contractual relationship regarding the use of the Partner’s services arises directly between you and the Partner. We are therefore not a party to the contracts concluded directly between you and the Partners, but merely act as an intermediary for the Partner’s services.
3. Registration and use of the LIBERO Exchange platform
- Use of the LIBERO Exchange platform is only possible as a registered customer. Each customer may only register once.
- The information you provide during registration must not violate the rights of third parties or offend common decency. We are entitled to request written proof to verify the information provided.
- If you are registering on behalf of a company or other organization, a partnership, or a legal entity, you guarantee that you are authorized to legally represent and bind them.
- We have the right to block or exclude you from using our platform services and to delete your customer account if we have reasonable grounds to believe that you have violated or are violating essential obligations of the customer contract or the law. In such a case, we will inform you of the planned exclusion by email and give you the opportunity to comment within a reasonable period of time. In any case, we will take your legitimate interests into account when deciding on the suspension or exclusion and evaluate your comments accordingly. We will inform you of the result before the suspension or exclusion. The right to extraordinary termination remains unaffected.
4. Our matching
First of all, we would like to provide you with introductory information on what the protection of your personal data means, what personal data is, how we process it, and what security measures we take in doing so.
- In order to simplify your search for suitable partners and their partner services, we use a matching system that makes it easier for you to select a partner or their partner services. We explain how this matching system works below:
- Organic matching system: In order to suggest partners and their partner services that are suitable for you and your needs, we forward your requests for individual or AI-supported (see also section 6 below) selection and, if desired, anonymously, to partners whose partner services may be suitable based on the criteria you have specified. Matching is carried out in particular on the basis of the criteria listed below:
- Search and interest profile
- Financing, consulting, or service requirements
- Industry/sector (e.g., manufacturing, technology, finance)
- Company size and phase (start-up, scale-up, medium-sized business, corporation)
- Geographic focus (local, regional, international)
- Type of service sought (e.g., equity investment, credit financing, M&A consulting, tax consulting, legal consulting, marketing services)
- Risk profile/investment strategy (e.g., conservative, growth-oriented, innovative)
- Time horizon/urgency of need (short-term, medium-term, long-term)
- Experience or reference requirements (e.g., industry-specific expertise, verifiable transactions)
- Preference for digital/personal collaboration (e.g., remote consulting, on-site support)
- Certifications, licenses, and regulatory requirements (e.g., BaFin approval, audited law firms, accredited financial advisors)
- Sustainability and ESG criteria (e.g., focus on green investments, social responsibility, governance structures)
- Networking and cooperation potential (e.g., access to specific investor groups, industry clusters, strategic partners)
If a partner is interested in offering you its services, we will forward its questions, offers, or other information to you. If you then enter into contract negotiations with a partner, you can initiate this by activating the corresponding communication. If you have submitted your request anonymously, your activation will release all information and data that identifies you as a company, association, or organization for the first time.
- Advertising recommendation system: Upstream of the matching system, we offer our partners the opportunity to better position their partner services through paid advertisements in order to make them more visible and thus more attractive to you. If, in the context of presenting partner services that are suitable for you, we show you paid advertising from partners and their partner services, we will clearly indicate this, for example by adding the word „advertisement.“
5. Use of partner services
- A contract for the use of paid partner services on our platform is concluded as follows:
- On our platform, you will find information about the partner services offered by our partners.
- Once a successful match has been made, i.e., communication has been enabled (see Section 4 of the Partner Agreement), you can enter into contract negotiations with the partner regarding their partner services.
- The conclusion of a contract between you and the partner takes place directly between you with the support of the technical capabilities of the platform.
- In this case, you, i.e., the partner and you as the customer, are fully responsible for the content of the contract negotiations and the content of the contract.
6. Integrated services
- In order to provide our platform services, we sometimes use the services of other providers that work with artificial intelligence (hereinafter also referred to as „integrated services“). We use integrated services, among other things, for the automated matching of your request with suitable partner services in order to structure documents, summarize contracts and contract information, and for possible scoring (= evaluation of partners or customers).
- When using our services that potentially rely on Integrated Services, the following applies:
- We do not guarantee or warrant the accuracy and usability of the answers and results provided by the Integrated Services. These may therefore be incorrect. Actions derived from this should therefore not be based on their content without being checked.
- We do not guarantee or warrant the permanent availability of the Integrated Services. As these are provided by other organizations, we have no influence on their technical availability.
- We do not guarantee or warrant that the answers and results are freely usable. We expressly point out that all answers and results may be protected by copyright or other intellectual property rights. Such protection generally prohibits the further distribution of the answers and results.
- Users decide for themselves and are therefore responsible for what information and data they share with our services that use Integrated Services. We check the Integrated Services to ensure that they comply with applicable laws and our guidelines. Nevertheless, users should not share any information or data that is subject to data protection or confidentiality protection, or that constitutes particularly sensitive information about themselves, their employees, customers, third parties, etc.
- Unless expressly warranted or required by law, we assume no responsibility for responses and results resulting from the use of our services that utilize Integrated Services, or for any actions or omissions on your part. This means that, unless legally binding, we are not liable for the accuracy and suitability of the responses and results of the Integrated Services for your purposes or for the actions and omissions resulting from this for you. Otherwise, we are liable in accordance with the liability provisions communicated in these Customer Terms and Conditions.
- The Integrated Services we provide may process items protected by copyright or other intellectual property rights, and the responses and results provided by the Integrated Services may contain items protected by copyright. In this regard, the following applies: You grant us the right, free of third-party rights, to pass on all copyright-protected items that you process with our services and thus with the integrated services to the integrated services . In turn, we grant you the simple right to use the copyright-protected works generated by the Integrated Services in accordance with the provisions of the customer contract within the scope of using our platform services. In this regard, the provision on the granting of rights of use pursuant to Section 9 of the customer contract applies in particular.
7. Basic information about the partners' terms and conditions
- As already explained, partners offer their partner services on the LIBERO Exchange platform. This means that the contract for the purchase of partner services is concluded between you and the partners. We are merely the intermediary for such partner services. A brokerage contract is therefore concluded between you and us, which is governed by these customer terms and conditions.
- The specific terms and conditions that apply between you and the respective partner are based exclusively on the information provided by the respective partner, which you can view when communicating with the partner and which becomes part of the contract concluded between you and the partner through us as the intermediary.
- If you encounter any problems with the booked partner services or any other problems in connection with your booking, you must contact the relevant partner. We will be happy to assist you within the scope of our possibilities by contacting us at info@libero-football-finance.com. However, in this case, the contractual partners with regard to your booking of partner services are exclusively you and the partner.
8. Contract term, fee & termination
- This customer contract comes into effect upon signature or acceptance by both parties and has a term of one year.
- For the duration of the customer contract, you shall pay a fee of EUR 120.00 plus VAT per year to our account at Hypo Vereinsbank with IBAN DE10 7002 0270 0041 5200 35 and BIC HYVEDEMMXXX. This fee is due and payable within 14 days of the start of the customer contract (date of signing the customer contract) and, in the case of automatic renewal, within 14 days of the start of the new contract year.
- The customer contract can be terminated in writing with a notice period of 3 months to the end of the term. If no notice of termination is given, the customer contract is automatically extended for a further year.
- You can deregister from our platform as a registered customer at any time and without notice by deleting your customer account. Please note, however, that the customer contract must be terminated in writing.
- If you are still using active partner services at the time of deletion, you must ensure that you can continue to use them even after your customer account has been deleted. For example, by downloading the relevant content and data or by saving the partner’s contact details or the access data for the partner services.
- Once your customer account has been deleted, you will no longer have access to the platform services that you can use as a registered user. Please note once again that deleting your account yourself may result in the loss of data and information relating to the partner services.
- The duration of the customer contract and all terms and conditions relating to the partner services brokered by you via the LIBERO Exchange platform are governed exclusively by the agreements between you and the partner or by the partner’s terms and conditions.
9. Your right to use our platform services
- You receive a simple, non-exclusive right to use our platform and our platform services, which is limited in time to the duration of the respective customer contract and is not restricted in terms of location.
- You are not entitled to exhibit, publicly reproduce, in particular make publicly available, edit, redesign, translate, decompile, or otherwise redesign our services. Your rights under Sections 69d (3) and 69e of the German Copyright Act (UrhG) remain unaffected.
- When creating and sharing posts, uploading files and images, and in connection with the dissemination of information within the scope of using our platform (hereinafter also collectively referred to as „your content“), you are solely responsible for ensuring that you do not infringe any third-party rights, in particular any third-party copyrights, and that you transfer to us the rights of use to your content that we require to provide our platform services. Unless we request further rights of use from you in individual cases, you grant us a simple, spatially and temporally unlimited right of use for all types of use to the content provided for the performance of our services.
- The content of our platform is our exclusive property or we are the exclusive rights holder, or it is the property/rights holder of our service providers. All content is protected by national and international law, in particular copyright law. The unauthorized distribution, reproduction, exploitation, or other infringement of our industrial property rights and copyrights will be prosecuted under civil and/or criminal law.
10. Liability and warranty
- Our liability under the customer contract concluded between us, regardless of the legal basis, for your damages is limited in amount to the damages that were typically foreseeable at the time the contract was concluded and that are essential to the contract. An obligation is essential to the contract if its fulfillment is a prerequisite for the proper execution of the contract and if you can regularly rely on its fulfillment.
- The aforementioned limitation of liability does not apply and we are liable without limitation for injury to life, limb, or health, as well as for intentional, grossly negligent, or fraudulent acts. The same applies to the written assumption of a guarantee for the quality or durability of a service to be provided by us.
- Our liability under the Product Liability Act remains unaffected.
- All rights and obligations, in particular with regard to liability and warranty arising from the contractual relationship between you and the partner, are based on the terms and conditions of the respective partner applicable to your booking.
- We do not assume any warranty or guarantee for the reliability, completeness, usefulness, and quality of the Partner Services. Regulations regarding these aspects are conclusively agreed upon in the terms and conditions of the respective Partner or in the contracts concluded between you and the Partner, for which you and the Partner are independently responsible. If deficiencies in the completeness, usefulness, or quality of the Partner Services, as well as other errors, are based on incorrect information that you have provided on the LIBERO Exchange platform, we shall not be liable in any way. The liability of the Partner is governed by its respective terms and conditions.
11. Community guidelines
- The provisions of tenancy law apply to the use of our LIBERO Exchange platform within the framework of the customer contract. Maintenance measures such as troubleshooting, updates, or further developments are part of our service.
- Adjustments, changes, and additions to our platform services, as well as measures to identify and remedy malfunctions, may lead to a temporary interruption or impairment of accessibility. We will carry out major maintenance work that could lead to a malfunction of our services outside of normal business hours whenever possible.
- You may not transfer our services to third parties for commercial use.
- Links or functionalities on our platform may take you to external websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognizable by a change in the address bar of the browser or a change in the user interface.
- We protect our systems against virus attacks. Nevertheless, virus attacks can never be completely ruled out. In addition, unauthorized third parties may send messages using our name without our consent that contain viruses or spyware, for example, or link to web content that contains viruses or spyware. We have no control over this. You should therefore check all incoming messages sent under our name. This also applies to any messages from other users.
- We are not responsible for any damage or loss of data that may result from the installation of software that does not originate from us on your end devices.
- You agree not to disclose your customer account details under any circumstances or to use the customer account of a third party. If a third party uses your customer account after obtaining the access data because you have not sufficiently secured it against unauthorized access, you must accept that you will be treated as if you had acted yourself.
- In the event of reasonable suspicion that access data has become known to unauthorized third parties, we are entitled, for security reasons, to change the access data ourselves without prior notice or to block your customer account. We will inform you of this immediately and provide you with the new access data within a reasonable period of time. You have no right to have the original access data restored.
- You must inform us immediately as soon as you become aware that unauthorized third parties have access to your customer account or that unauthorized third parties are using your device. We would like to point out that access data should be changed regularly for security reasons.
- When using our platform, you are prohibited from:
- infringe the property rights of third parties, such as trademarks, copyrights, and naming rights;
- harass, insult, defraud, or disparage other users and third parties,
- use measures, mechanisms, or software in connection with the LIBERO Exchange platform that could disrupt the function and operation of the LIBERO Exchange platform,
- take measures that may result in an unreasonable or excessive burden on the technical capacities of the LIBERO Exchange platform,
- block, overwrite, or modify content,
- add elements to the LIBERO Exchange platform or change, delete, or modify elements of the LIBERO Exchange platform in any other way,
- copy, extract, or otherwise use graphic elements, or attempt to decompile the source code of the LIBERO Exchange platform (subject to Section 69e of the German Copyright Act (UrhG)),
- Use tools that interfere with the operation of the LIBERO Exchange platform (in particular so-called „bots,“ „hacks,“ etc.).
- obtaining premium features or other advantages, such as the systematic or automatic control of the LIBERO Exchange platform or individual functions of the LIBERO Exchange platform, through the use of third-party software or other applications, or exploiting program errors for your own benefit („exploits“),
- to distribute unauthorized commercial advertising for third-party products or programs in connection with our services,
- using malicious code or virus-infected documents, files, third-party IT systems, and data in connection with our platform services,
- to use mechanisms, software, and scripts that go beyond the provided functionalities and interfaces, in particular if this blocks, modifies, copies, or overwrites our platform services, and
- to interfere with our platform services through data modification (§ 303a StGB), computer sabotage (§ 303b StGB), falsification of evidence-relevant data (§ 269, 270 StGB), suppression of evidence-relevant data (§ 274 StGB), computer fraud (§ 263a StGB), spying on data (§ 202a StGB), intercepting data (§ 202b StGB) or other criminal offenses.
12. Availability
- For technical reasons, we cannot guarantee the permanent and complete availability of the servers on which our platform services are operated. The availability of our platform or individual services may therefore be restricted at times, in particular due to the necessary performance of maintenance or repair work.
- We would like to point out that there may be restrictions or impairments in the use of the platform that are beyond our control. These include, in particular, actions by third parties who are not acting on our behalf, technical failures beyond our control, and force majeure.
- We reserve the right to restrict access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, and other events beyond our control.
- In the event of force majeure, we are entitled to postpone our platform services for the duration of the hindrance plus a reasonable start-up period, provided that we are actually unable to provide the services. Force majeure includes events for which we or a subcontractor are not responsible and which were not foreseeable at the time the contract was concluded, such as operational disruptions, strikes, lockouts, staff shortages, pandemics and epidemics, official orders, and similar circumstances. The right of each party to terminate the customer contract with you for good cause in the event of prolonged force majeure remains unaffected.
13. Dealing with illegal content
We are making the following provisions because we are obliged to do so under the Digital Services Act, the EU Regulation (EU) 2022/2065 on a Single Market for Digital Services in the European Union.
The Digital Services Act aims to establish rules that create a safe, predictable, and trustworthy environment for people who use platforms and websites (hereinafter „platform“) such as ours.
In particular, the Digital Services Act regulates the handling of illegal content on our platform and obliges us to take specific measures, which we describe in more detail in these „Digital Services Act Regulations.“
a. Moderation & justification for the deletion of illegal content
- We delete, block, or restrict illegal content on our platform. „Content“ refers to any information of any kind. This information is „illegal“ if it violates our customer contract, service descriptions, guidelines, or applicable law.
- Illegal content can be reported by users, customers, partners, or third parties. For the procedure of such a reporting process, see lit. b „Reporting and Remediation Procedure.“
- If reported content or content identified by us is illegal and we have deleted, blocked, or restricted it, we will justify our decision to delete, blocking, or restricting this content and any suspension or termination of the entire or partial provision of our services to the person who published the illegal content, unless it is misleading, extensive commercial content. In this justification, we will communicate the following points in particular:
- Information on whether our decision concerns the removal of the information, the blocking of access to the information, the downgrading of the information or the restriction of the display of the information, or the suspension or termination of payments in connection with this information, or whether other measures mentioned in connection with the information are imposed as a result of the decision, and the possible geographical scope of the decision and the duration of its validity;
- Facts and circumstances on which our decision is based, including, where applicable, information on whether our decision was made as a result of a report or as a result of voluntary investigations on our own initiative, and, if absolutely necessary, the identity of the reporting person;
- Information about whether automated means were used in the decision-making process, including information about whether our decision was made in relation to content that was detected or identified by automated means;
- If our decision only concerns „presumed“ illegal content, a reference to the legal basis and an explanation of why the information is considered illegal on that basis;
- If our decision is based on the alleged incompatibility of the information with our customer agreement, a reference to the relevant contractual provision and an explanation of why the information is considered incompatible with it;
- Information on whether the data subject has any legal remedies available against the measure, in particular—depending on the circumstances—internal complaint management procedures, out-of-court dispute resolution, and judicial remedies.
- If a criminal offense has been committed by publishing the illegal content, or if there is suspicion that a criminal offense has been committed, we will immediately notify law enforcement or judicial authorities of our suspicion.
b. Reporting and remedy procedures
- We will review illegal content as soon as we become aware of a suspicion that such illegal content has been published. We become aware of such content either through our own review or through a report of the relevant content to our central contact point (see c) below).
- Illegal content can be reported directly online. Reports must be sent exclusively to our central contact point (see c) below) and must contain at least the following information:
- A sufficiently reasoned explanation of why the reporting person or organization considers the information in question to be illegal content;
- Clear indication of the exact location where the content is stored/found, e.g., by providing the precise URL and other relevant information to help identify the content, e.g., screenshots, comments, etc.;
- The name and email address of the reporting person/organization, unless the report concerns criminal offenses related to sexual abuse, sexual exploitation, child pornography, or contacting children for sexual purposes; including incitement and aiding and abetting or attempting to commit the aforementioned criminal offenses (see EU Directive 2011/93/EU, Articles 3 to 7);
- A statement that the reporting person or institution is convinced in good faith that the information and statements contained in the report are accurate and complete.
- We will immediately send the reporting person/institution an electronic confirmation of receipt of the report to the contact details provided.
- We will review the reports received promptly, carefully, impartially, and objectively, and decide whether the reported content is illegal without conducting a thorough legal review, and act accordingly. If the reported content is illegal, we will immediately delete, block, or restrict it and, if necessary, take further measures as specified in lit. a para. 3.
c. Central contact point for communication
We have set up a central contact point for communication. This contact point is responsible for receiving electronic reports of suspected illegal content from reporting persons and for inquiries from authorities or third parties relating to the handling of illegal content. Please note the requirements in lit. b regarding the content of reports.
All persons, authorities, or other bodies (press, affected parties, etc.) can report illegal content directly online using our procedure at:
info@libero-football-finance.com
We will then deal with all reports in accordance with the process described in lit. a-c.
14. Data protection
- We collect, process, and use personal data in connection with the provision of our platform services. All information on how we handle personal data within the framework of the customer contract can be found in our privacy policy, which is available at any time at LINK.
- With regard to the personal data processed by you on our platform, we are a processor within the meaning of Art. 28 GDPR if we have been commissioned by you to process personal data in accordance with your instructions and for a specific purpose. In this case, we will conclude a corresponding data processing agreement in accordance with Art. 28 GDPR at your separate request.
- If you are given the opportunity to access personal data from us or our partners under the customer contract, you guarantee that you will only process this data in a legitimate manner, for a purpose in accordance with the contract, and in compliance with legal requirements.
15. Confidentiality
- In the course of their cooperation, the parties will become aware of business secrets of the other party or third parties, in particular customers. A trade secret is information that is not generally known or readily accessible to persons in the circles that normally deal with this type of information, either in its entirety or in the precise arrangement and composition of its components, and is therefore of economic value and subject to reasonable confidentiality measures and where there is a legitimate interest in confidentiality (cf. Section 2 GeschGehG). A trade secret is also information that is marked as a trade secret, that is protected by industrial property rights or copyright, that is subject to banking secrecy or data protection, and in which there is a legitimate interest in confidentiality. Information that is known to the other party prior to disclosure, that has become known to the public after disclosure without the involvement of the disclosing party, that the disclosing party has learned from a legitimate third party, and that the disclosing party has developed itself is not considered a trade secret.
- The disclosing party, as well as all those who come into contact with trade secrets in accordance with their intended purpose, are obliged to treat the trade secrets as strictly confidential and to use them or disclose them to third parties and employees only if this is necessary in connection with the business purpose. Furthermore, the disclosing party shall protect the trade secrets from becoming known to third parties.
- Objects, files, or other intangible items containing trade secrets shall be deleted immediately at the request of the disclosing party or at the latest upon termination of the contractual relationship, or shall be returned to the disclosing party.
16. Applicable law & place of jurisdiction
- Unless mandatory statutory law takes precedence, German law shall apply to all rights and claims arising from and in connection with the customer contract, excluding the UN Convention on Contracts for the International Sale of Goods.
- Unless a mandatory place of jurisdiction is prescribed by law or contract, our registered office shall be the place of jurisdiction for all disputes arising from these Customer Terms and Conditions.
17. Final provisions
- Amendments and additions to the Customer Terms and Conditions and to the entire contract between us must be made in writing to be effective, unless the following explanations prescribe special form or procedural requirements.
- Changes and additions that we make (or are required to make) due to changed legal or technical requirements for our service provision and that have no negative impact on the services to which you are entitled shall become effective if you do not object to a change in writing within one (1) month of receiving notification of the change and we have informed you in advance of your right to object. If you object to the change, the contract shall continue to apply unchanged and we shall be entitled to terminate the contract extraordinarily with one (1) month’s notice to the end of the next calendar month.
- Changes and additions to the contract that we wish to make due to changed service, remuneration, or other commercial or operational requirements and which have a negative impact on our contractual relationship with you shall only take effect if you expressly agree to them. This consent can be given by clicking a consent button in the change notification (email or pop-up when using our services) or by any other simple and transparent means provided by us. In the absence of consent, the contract shall continue to apply unchanged and we shall be entitled to terminate the contract within the contractually agreed notice periods.
- The text form also applies to any amendment to this form clause. The priority of individual subsidiary agreements remains unaffected.
- The aforementioned periods shall not apply and there shall only be a right to information about changes to the contract if the changes are necessary to avert an unforeseen and imminent danger in order to protect against fraud, malware, spam, data protection violations, or other cybersecurity risks.
- Both parties are entitled to transfer the contract to an affiliated company, a legal successor, or a company that takes over the respective services. They shall inform each other of this in writing within the framework of the planned transfer.
- Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected, unless the omission of individual clauses would place one party to the contract at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.
Status – September 2025