Terms and Conditions of Spreadly

a trademark of Spreadly GmbH

Definitions

For purposes of these General Business Terms, the following definitions apply:

(1) Account means an individual account created for you to access our Service or any part thereof.

(2) Company (referred to in this Agreement as either "the Company", "we", "us" or "our") refers to Spreadly GmbH, Forstenrieder Weg 1G, 82065 Baierbrunn, Munich, Germany.

(3) Content refers to content such as text, images or other information that may be posted, uploaded, linked or otherwise made available by you, regardless of the form of such content.

(4) Country refers to Germany.

(5) Feedback refers to feedback, innovations or suggestions sent by you and you regarding the features, performance or functionality of our Service.

(6) Goods refers to the items that are offered for sale. This includes both physical goods and digital subscriptions.

(7) Orders refers to requests made by users to purchase our goods.

(8) Promotions refer to contests, sweepstakes or other promotions offered through the Service.

(9) Service refers to the website https://spreadly.app and all features contained therein.

(10) Terms of Use (also referred to as "Terms") means these Terms, which constitute the entire agreement between you and Company regarding the use of the Service.

(11) Third Party Social Media Service means any service or content (including data, information, products or services) provided by a Third Party Provider that may be displayed, included or made available through the Service.

(12) Website refers to Spreadly, accessible via https://spreadly.app

(13) "You " means the person accessing or using the Service or the company or other legal entity on whose behalf such person accesses or uses the Service, as the case may be.

§ 1 Applicability and definitions of terms

(1) These General Terms and Conditions (GTC) of Spreadly, a brand of the company Spreadly GmbH, Forstenrieder Weg 1G, D-82065 Baierbrunn (hereinafter "Provider") shall apply

a. for the use of the provider's online portal at https://www.spreadly.app, which is subject to registration A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).

b. for all contracts for the purchase of goods or services between the provider and a consumer or entrepreneur (hereinafter referred to as "customer") in the version valid at the time of the order.

§ 2 Formation of a contract

(1) The following regulations on the conclusion of a contract apply to orders and subscriptions placed at https://www.spreadly.app.

(2) In case of contract conclusion, the contract is concluded with Spreadly GmbH, Forstenrieder Weg 1G, 82065 Baierbrunn; Amtsgericht München - HRB 225495.

(3) The presentation of goods and services in our internet store does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods or services, the customer submits a binding offer to conclude a purchase contract. The acceptance of the offer is made in writing or in text form by a confirmation to the e-mail address used for the order and the sending of the ordered goods.

(4) Upon receipt of an order in our Internet store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store or by taking out a corresponding online subscription. The order is placed in the following steps:

  1. Selection of the desired goods, services or subscriptions.

  2. Confirmation by clicking the "Order" or "Subscribe" buttons

  3. Registration in the Internet store by entering the login details (e-mail address and password).

  4. Checking the data in the shopping cart

  5. Pressing the "Proceed to checkout" button

  6. Entering the account details, billing and shipping address, means of payment and account details.

  7. Checking again or correcting the respective entered data.

  8. Binding submission of the order by clicking the button "[amount] pay and order/subscribe" Before the binding submission of the order, the customer can, by pressing the "back" button contained in the Internet browser used by him, after checking his details, return to the Internet page on which the customer's details are recorded and correct input errors or cancel the ordering process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this we accept your offer. We will send you the order data and our GTC by e-mail. You can also view the GTC at any time at https://www.spreadl.app/agb. For security reasons, your order data is no longer accessible via the Internet. When you take out a subscription, you can view the service you have booked by logging in with your login data (email address and password) in the web app at https://www.spreadly.app.

§ 3 Prices, shipping costs, payment, due date

(1) The prices stated include the statutory sales tax and other price components. In addition, there are any shipping costs for shipments of goods, which are displayed and charged to the customer during the ordering process. You shall bear the direct costs of returning the goods.

(2) In principle, the customer has the option of payment by direct debit, credit card (MasterCard, Visa, American Express), Wallet (Apple Pay, Google Pay) or invoice. We reserve the right to offer you only selected payment methods for payment.

(3) Payments are due immediately, unless another deadline is stated on the invoice.

§ 4 Delivery

(1) Unless we have clearly stated otherwise in the product description or the products are not personalized items, all items offered by us are ready for shipment within two weeks. In this case, delivery takes place within 15 working days at the latest. In the case of payment in advance, the delivery period begins on the day after the payment order to the bank responsible for the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the Buyer until the item is handed over to the Buyer, even in the case of a mail order purchase.

(3) The Provider is not obligated to deliver the ordered goods if the Provider has duly ordered the goods but has not been supplied himself, has not been supplied on time or has not been supplied correctly and is therefore not responsible for this. The supplier has to inform the customer immediately about the unavailability. In this case, both contracting parties shall have the right to withdraw from the purchase contract, whereupon the supplier shall immediately refund any payments already made by the customer.

§ 5 Retention of title

We retain title to the goods until the purchase price has been paid in full.

§ 6 Obligations of the customer

(1) The customer is obligated to provide necessary data completely and correctly and to notify any changes without delay. This applies in particular to address data, bank details and e-mail address.

(2) The customer is responsible for choosing and using secure passwords. The customer shall manage his passwords and other access data carefully and keep them secret. He is also obliged to pay for such services that third parties use or order via his access data and passwords, insofar as he is responsible for this.

(3) The Customer undertakes not to offer for retrieval any content that is pornographic, commercially erotic, violent, glorifies violence, racist, discriminatory, harmful to minors or incites hatred among the general public, or is of an extremist (in particular right-wing extremist) nature, or content that incites criminal acts or provides instructions for such acts. This shall also apply if such content is made accessible through hyperlinks or other connections that the customer sets on third-party pages.

§ 7 Legal consequences in the event of infringements of rights

(1) In the event of the presentation and provision of content in accordance with § 6

(2), the Provider shall be entitled to block or terminate the contract without notice.

(3) The Provider's claim to payment shall continue to exist as long as a service has been blocked for the above reasons.

§ 8 Term of Contract, Subscriptions

(1) When a subscription is concluded, the term of the contract begins as soon as the customer's first payment has been processed.

(2) Unless otherwise stated in the specific offer, the contract of a subscription shall be automatically extended by the first contract term in each case as long as it is not terminated by one party with one month's notice to the end of the respective term. If the first contract term is longer than one year, the renewal periods shall each be one year.

(3) A monthly subscription shall be renewed automatically each month without notice until the Customer cancels it.

(4) An annual subscription is automatically renewed without notice each year for an additional year until the customer cancels it.

§ 9 Termination

(1) The Provider shall be entitled to reduce or suspend the services of the Agreement due to default of payment or for good cause, to downgrade to a possibly available free version or to terminate the Agreement extraordinarily in case of repeated default of payment.

(2) The termination must be in text form.

§ 10 Cancellation policy

Right of revocation for consumers Consumers are entitled to a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity: Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Spreadly GmbH, Forstenrieder Weg 1G, D-82065 Baierbrunn, e-mail: [email protected]) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. End of the cancellation policy

§ 11 Exclusion/cancellation of the right of withdrawal

(1) Unless the parties have agreed otherwise, the right of revocation shall not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. cards engraved or printed with your name, logo or similar).

(2) Goods excluded from the right of withdrawal in accordance with § 11 (1), which were manufactured and delivered in conjunction with another service or subscription, you may be charged pro rata costs for this item in the event of revocation of the contract, these are estimated at a maximum of 50 euros.

§ 12 Cancellation form

Sample revocation form (If you wish to revoke the contract, please fill out this form and return it to: Spreadly GmbH, Forstenrieder Weg 1G, D-82065 Baierbrunn.

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service () _____________________________________________________ Ordered on () / received on () __________________ Name of consumer(s) _____________________________________________________ Address of consumer(s) _____________________________________________________ Signature of consumer(s) (only for communication on paper) __________________ Date __________________ (*) Delete as applicable.

§ 13 Warranty

The statutory warranty provisions shall apply.

§ 14 Electronic communication

The customer agrees that contract-related communication may take place in electronic form.

§ 15 Contract language

German shall be the sole contractual language.

§ 16 Final Provisions

(1) Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between the Customer and the Provider shall be governed exclusively by German law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the customer usually resides are excluded from this choice of law.

(3) The place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Provider shall be the Provider's place of business, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.

§17 Creation and modification of Internet pages

(1) Due to the wide range of possible configurations of browsers and Internet terminals, it cannot be avoided that the presentation and functionality of the Internet pages deviate from the agreement when a certain configuration is used. Spreadly's obligation to perform is therefore limited to creating the Internet pages in such a way that they meet the agreed criteria in the configuration most frequently used at the time of completion. In particular, the obligation to perform does not extend to designing the Internet pages in such a way that they will also be displayed or function as agreed on future versions of the browsers. Due to the different performance spectrums of the Internet providers, Spreadly is not obligated to create the Internet pages in such a way that they are also displayed or function without errors when they are published on an Internet server other than the one designated in the contract.

(2) If registration in online search services of Internet content (search engines) is agreed, the registration of the relevant Internet presentation with the respective online search service is deemed to be performance. Since the operator of the respective search engine decides on the inclusion and timing of an entry, the actual inclusion of the entry data in a search engine is not required for the fulfillment of Spreadly's obligation to perform. The customer is aware that data provided by him for the registration, in particular keywords and descriptions, are generally accessible after inclusion in a search engine.

(3) If the registration in online search services of Internet content (search engines) is agreed upon, the registration of the respective Internet presentation with the respective online search service is considered as performance. Since the operator of the respective search engine decides on the inclusion and timing of an entry, the actual inclusion of the entry data in a search engine is not required for the fulfillment of Spreadly's obligation to perform. The customer is aware that data provided by him for the registration, in particular keywords and descriptions, are generally accessible after inclusion in a search engine.

§18 References

Spreadly reserves the right to name the Customer as a reference customer in all media and to refer to the customer's internet pages. Spreadly may also publicly reproduce or refer to the services provided for demonstration purposes, unless the Customer can claim a legitimate interest to the contrary. The Customer is obligated to tolerate a reference to Spreadly to a reasonable extent on the Internet pages which he is entitled to use. This reference can be combined with a link to Spreadly's internet pages.

§19 Choice of law & severability clause

(1) The General Terms and Conditions shall remain unaffected even if they contain a loophole or individual components are or become invalid or illegal. The ineffective condition shall then be replaced by an effective one that comes closest to the content and provisions. A gap shall be filled with an effective and meaningful provision.

(2) The Agreement shall be governed by the laws of the Federal Republic of Germany, notwithstanding the provisions regarding choice of law and conflict of laws. The place of jurisdiction shall be the court having subject-matter jurisdiction for Munich.

Last changed: 30th March 2022