Terms and Conditions

Welcome to Xereterexys. These Terms and Conditions (hereinafter referred to as "Terms") define the legal framework for the use of the services offered by Xereterexys and the associated website. Please read this document carefully before using our service.

Interpretation and Definitions

Interpretation

The terms whose first letter is capitalized have the meanings specified under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means a legal entity that controls, is controlled by, or is under common control with a Party, where "control" means the ownership of 50% or more of the shares, equity interests or other securities entitled to vote for directors or other managing authority.

• Country means the Federal Republic of Germany.

• Company (referred to in this Agreement as either "the Company", "we", "us" or "our") refers to Xereterexys.

• Device means any device that can access the Service, such as a computer, a mobile phone, or a digital tablet.

• Service refers to the website, Xereterexys App, the platform, and all associated functionalities and content provided by the Company.

• Terms are these General Terms and Conditions constituting the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.

• Website refers to Xereterexys, accessible at https://xereterexys.it.com.

• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.

Acknowledgement

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms are a binding legal agreement, which apply to all visitors, users, and other persons who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms.

You represent that you are at least 18 years of age. The Company does not permit users under 18 years of age to use the Service.

Your use of the Service is also conditioned on Your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your information and tells You about Your privacy rights. We ask that You read our Privacy Policy carefully before using our Service.

References to Other Websites

Within our Service, there may be references or hyperlinks to third-party websites or services that are not owned or controlled by Xereterexys. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.

Termination

We reserve the right, at our sole discretion, to suspend or terminate Your access to the Service immediately and without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Service will cease immediately. Termination may occur for various reasons, including but not limited to, breach of this agreement.

Limitation of Liability

The Company's liability for damages resulting from slight negligence is excluded. This does not apply to damages resulting from injury to life, body or health, nor to the breach of essential contractual obligations (cardinal duties). In the event of slight negligence causing a breach of cardinal duties, liability is limited to the contractually typical, foreseeable damage.

To the maximum extent permitted by applicable law, in no event shall Xereterexys and its affiliates' total liability arising out of or related to the Service under any provision of this Agreement exceed the amount actually paid by You to us for the Service in the last twelve months or one hundred Euros (€100.00), whichever is greater if You have not paid any amounts to us for the Service. Liability for intent and gross negligence remains unaffected by this limitation.

"AS IS" and "AS AVAILABLE" Disclaimer of Warranty

The Service is provided to You on an "AS IS" and "AS AVAILABLE" basis with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service. This means that we make no representations or warranties, either express or implied, regarding the operation of the Service, the information, content, or materials included therein. We do not guarantee that the Service will meet Your requirements, be uninterrupted, secure, or error-free.

Governing Law

The interpretation and enforcement of these Terms, and any dispute arising from them, shall be governed exclusively by the laws of the Federal Republic of Germany, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Dispute Resolution

If You have any concerns or a dispute regarding the Service, You agree to first attempt to resolve it informally by contacting the Company directly. The Company is neither obligated nor willing to participate in any dispute resolution procedure before a consumer arbitration board.

For Users from the European Union

If You are a consumer resident in the European Union, You benefit from the protection of the mandatory provisions of the law of the country in which You are habitually resident. Nothing in these Terms shall restrict Your rights as a consumer that cannot be overridden by contract.

U.S. Export Compliance

You represent and warrant that (i) you are not located in any country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

Waiver

The failure to exercise or to require the performance of a provision of these Terms does not affect the ability to exercise that right or require that performance later. A waiver of a breach does not waive any subsequent breach.

Interpretation of Translation

These Terms and Conditions may have been translated into other languages if we have made them available on our Service. You agree that in case of discrepancies, contradictions or interpretation issues, the original German text shall prevail.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Contact Us

If you have any questions about these Terms and Conditions, please feel free to contact us:

• By email: [email protected]