GTC

§ 1 General – Scope of application

1.1 The following General Terms and Conditions for Subscriptions (hereinafter referred to as “GTC”) apply exclusively to the conclusion of subscription contracts for the purchase of Premium Packages on lostio, Oderblick 12a, 38312 Dorstadt, Managing Director: Christopher Leps, e-mail: info@lostio.app (“lostio”) under the domain www.lostio.app.

1.2 lostio operates the website for the purchase of Premium Packages and becomes the contractual partner of the customers.

1.3 These GTC apply exclusively in relation to consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 The customer can select and purchase a subscription on lostio. After conclusion of the contract and payment, the customer receives lostio Premium access for the duration of the subscription.

§ 2 Conclusion of contract

2.1 The subscriptions to Premium Access offered on lostio represent a non-binding invitation to the customer to take out a subscription.

2.2 After selecting a subscription, the customer enters the data required for the conclusion of the contract (first and last name, email address, payment and delivery address(es), if applicable). payment data).

2.3 On the following contract conclusion page, the customer places a binding order to purchase the corresponding subscription by clicking on the “Check out with PayPal” button.

2.4 lostio immediately confirms the conclusion of the customer’s order and the conclusion of the contract by email. The contract is concluded when the customer receives the confirmation email from lostio.

2.5 The text of the contract is not stored by the seller and cannot be retrieved after the contract has been concluded. However, the customer has the option of retrieving and saving the contractual provisions, including these GTC, when the contract is concluded.

2.7 Only the German language is available for the conclusion of the contract.

§ 3 Prices and payment

3.1 The prices displayed on lostio are in euros. Additional taxes such as sales tax or fees may apply.

3.2 Orders from countries outside Europe:

  • These prices also apply to non-European countries such as Switzerland and overseas.

3.3 Contract processing, invoicing and payment collection are carried out by the payment service provider PayPal and by lostio.

3.4 The prices are due for payment and invoiced monthly, semi-annually or annually in advance upon conclusion of the contract, depending on the subscription selected. The first invoice date is the day on which the subscription is taken out. The invoice is sent to the customer by e-mail.

3.5 Payment by the customer is made via one of the two payment options offered by lostio and selected by the customer when placing the order, payment by PayPal or bank transfer.

3.6 If the customer chooses to pay by bank transfer, he must transfer the invoice amount to the account specified in the invoice immediately after receipt of the invoice. Premium access will not be activated before then.

3.7 If the customer chooses to pay via PayPal, collection will take place immediately from the invoice date, unless otherwise selected and specified in the private PayPal account.

§ 4 Delivery

The subscription and Premium package will be delivered immediately after receipt of payment.

§ 5 Right of withdrawal for subscription contracts

As this is a digital service, your right of withdrawal expires immediately after conclusion of the contract in accordance with Section 356 (4) BGB and Section 356 (5) BGB, as Premium Access can be used immediately.

§ 6 Term/termination

6.1 The term of a subscription is one (1), six (6) or twelve (12) months (“contract period”), depending on the customer’s choice.

6.2 A subscription is automatically renewed for the contract period selected by the customer, unless it is terminated beforehand.

6.3 A subscription to lostio can be canceled at any time. To cancel, simply terminate the subscription via the personal account settings on lostio.

6.4 In the event of termination before the end of the contract period, Premium Access shall be available to the customer until the end of the contract period already invoiced and paid for.

6.5 lostio may terminate the contract prematurely at any time in special cases (damage against lostio, e.g. defamation of character by the User, copying and sharing of Premium Content) despite payment already made. lostio is not obliged to reverse the payment already made. In addition, lostio has the right to take legal action against the persons concerned, particularly in cases of theft of property and defamation of character.

6.6 Your contractual right of use also does not entitle you to disclose your access data to third parties. If our systems report unusual activities in their log files, lostio reserves the right to block the account at any time.

§ 7 Liability

7.1 lostio is liable without limitation for intent and gross negligence.

7.2 In the event of a slightly negligent breach of a principal obligation (“cardinal obligation”), lostio’s liability shall be limited to the direct damages foreseeable at the time of conclusion of the contract and typical for the contract. Principal performance obligations are those obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.

7.3 In the event of a slightly negligent breach of a secondary contractual obligation, lostio’s liability is excluded.

7.4 Insofar as lostio’s liability is excluded or limited according to the above provisions, this shall also apply to the Seller’s employees, organs and vicarious agents.

7.5 The limitations and exclusions of liability in Clauses 8.2 to 7.4 shall not apply in the event of mandatory statutory strict liability (e.g. under the German Product Liability Act), in the event of the assumption of a no-fault guarantee and in the event of injury to health, body or life.

§ 8 Newsletter dispatch

By registering, the user agrees to be automatically included in our newsletter distribution list. You can unsubscribe from the newsletter at any time via the corresponding e-mail.

§ 9 Consumer dispute resolution

lostio is not obliged to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the German Consumer Dispute Resolution Act (VSGB). You can find the EU Commission’s platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. You can reach the seller at info@lostio.app.

§ 10 Final provisions

9.1 The law of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes in connection with this contract is Wolfenbüttel.

9.2 The provisions which may not be deviated from by agreement under the law of the country in which the customer has his habitual residence remain unaffected.

9.3 Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects correspond to the economic purpose of the invalid or unenforceable provision. The invalid or unenforceable provision comes closest to the objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.

Status: April 2024

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