General Terms and Conditions

Centraltec GmbH General, scope of application 1.1. Tellorino is an online platform operated by Centraltec GmbH for the creation of children's stories and the performance of related services. These General Terms and Conditions (hereinafter referred to as T&Cs) shall apply exclusively to contracts between Centraltec GmbH (hereinafter referred to as "we," "us," or "Centraltec") and our customers for the provision or mediation of services and the creation and transfer of documents (hereinafter referred to as "services"), unless the customer is not a consumer. 1.2. The customer's General Terms and Conditions shall only apply if we have explicitly given our written consent. These T&Cs shall also apply in particular to contracts with our customers even if we perform services without reservation in knowledge of conflicting or different General Terms and Conditions of the customer. In this case, an unreserved performance of services by us does not constitute an express consent to the customer's General Terms and Conditions. Registration, conclusion of contract, general performance, right of withdrawal 2.1. The use of our online services requires registration within the online portal operated by Centraltec. The registration and creation of the user profile is carried out by the customer. 2.2. Our offers to the customer are non-binding. They are an invitation to the customer to make a binding offer by placing an order with us. 2.3. By commissioning, the customer makes a binding offer to enter into a contract with us, which we can accept within a period of 2 weeks after receipt. Acceptance takes place by sending an order confirmation or the signed contract to the customer or by performing the services for the customer. 2.4. We are entitled to perform the services ourselves, through affiliated companies (§§ 15 ff. AktG) or through sub-contractors. 2.5. (Delivery) dates are non-binding, unless something to the contrary is agreed in writing. 2.6. If we are prevented from performing the services owed to the customer due to incorrect and/or timely delivery by our suppliers or due to permanent technical malfunctions of a sub-contractor, we are entitled to withdraw from the contract, if such an impediment to performance is not attributable to us. The same applies in cases of unforeseeable operational disruptions such as acts of God, strike, lockout, absence of personnel without fault, government intervention, or similar events. In the event of such an impediment to performance, the customer will be informed immediately. If we want to exercise our right of withdrawal in this case, we will immediately do so. The consideration already received will be refunded to the customer immediately. 2.7. In case of default, after an unsuccessful grace period in writing of at least fifteen (15) working days, the customer may terminate the contract in whole or in part. However, services already provided will be billed according to these terms and conditions (if necessary in conjunction with an individual contractually agreed arrangement). Free Services 3.1. Registration on Tellorino is free and a prerequisite for using all Tellorino services. The information provided by the customer is publicly or partially publicly or not accessible according to user settings. The information and privacy settings can be changed by the customer at any time. The account also serves as a contact interface with Tellorino. Through the account, customers can also send direct solution requests to centraltec GmbH. 3.2. The customer can indicate that they want to be informed about certain topic areas. This information is automatically provided by Tellorino and/or via the specified email address. Paid Services, Contract Duration, Automatic Contract Renewal 4.1. Centraltec GmbH offers its customers additional, paid additional products in addition to the services described in section 3. Unless otherwise agreed, the paid modules will be activated for a period of 1 month (hereafter monthly subscription) or 12 months (hereafter annual subscription) from the date of receipt of payment. The billing period ends with a monthly subscription at the end of each month or, in the case of an annual subscription, upon expiration of the 12th month after activation. Once the last day of the respective billing period has been reached, the subscription will be automatically extended by the same number of the previously booked billing period and the applicable fees. Liability 9.1. Unless otherwise regulated below, our liability claims as well as those of our legal representatives or vicarious agents, regardless of the legal basis, in particular for damages due to breach of obligations from the contractual relationship and due to unlawful acts, are governed by the statutory provisions. 9.2. We are liable for intent and gross negligence. In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation). In this case, liability is limited to the contractually typical, foreseeable damage. 9.3. Against entrepreneurs and other legal entities, our liability is further limited to the maximum compensation payable under each individual order confirmation per calendar year. 9.4. In the case of data loss, our liability is limited to the compensation for the damage that would have occurred if the customer had properly backed up their data. 9.5. Further claims for damages or compensation by the customer – regardless of the legal basis – are excluded against non-consumers. This applies in particular to liability without fault. 9.6. The statute of limitations for claims for breaches of duty by Centraltec GmbH is twelve (12) months. If the customer is a consumer, the statutory periods apply. 9.7. To the extent that our liability is excluded or limited, this also applies to the personal liability of employees, workers, employees, representatives, and agents (especially data centers and telecommunications service providers). 9.8. The provisions apply to all claims for damages (especially for damages in addition to performance and damages in lieu of performance), regardless of the legal basis, in particular due to defects, breach of contract obligations or unlawful actions. They also apply to the claim for reimbursement of wasted expenses. 9.9. The above limitations of liability do not apply in case of intent, gross negligence, in the event of damage to life, body or health, in the case of a warranty given by Centraltec GmbH or in other cases where applicable law does not allow a limitation of liability (e.g., Product Liability Act). 9.10. A change in the burden of proof to the disadvantage of the customer is not connected with the above regulations. 9.11. Tellorino is not liable for the content of the stories or the story proposals created by us, including the specific planning. Customers are obliged to check their stories for accuracy and feasibility. In particular, the customer is obliged to pay attention to the official notices regarding the planned story topics. Exclusion Clauses 10.1 Tellorino's services are exclusively intended for private use. Commercial use of the Tellorino platform requires written consent. We offer separate contractual agreements and services for commercial providers. 10.2 The following content, and thus not the domains on which this content is located, may not be recorded, published or linked on Tellorino: - Content that is racist, discriminatory, or glorifies violence; - Content that is capable of violating another person's personality rights; - Pornographic or erotic content in any form; - Content whose copyright origin is unclear or for which there is no release of rights; - Content from political party domains; - Content that has a spam character; - Content that contains malicious code; - Links to internet addresses that contain the aforementioned content. Applicable Law, Jurisdiction, Miscellaneous 11.1. We retain all rights to the images, evaluations, drawings, calculations, technical documents, source codes, and other documents created by us and handed over to the customer. Their dissemination by the customer to third parties requires our express written consent, unless the documents can be transmitted to third parties from the Tellorino platform via a "Share" function. 11.2. The law of the Federal Republic of Germany shall exclusively apply to the legal relationship of the parties. 11.3. This agreement is binding on the parties and their successors in title. No party may assign or transfer rights or obligations under this agreement without the prior written consent of the other party. 11.4. The sole place of jurisdiction for all disputes arising from the contractual relationship is the registered office of centraltec GmbH in Munich.