1 Validity of the terms and conditions. 1. the contracting party of the customer as well as user of these general terms and conditions is the company: THINKLAB 81 UG (haftungsbeschränkt), Münchnerstraße 1, 82319 Starnberg, Germany legally represented by the Managing Director: Guido Celli-Urbani hereinafter referred to as THINKLAB81. 2. THINKLAB81 renders services exclusively on the basis of these terms and conditions. Any deviating terms and conditions of purchase or other terms and conditions of the contractual partner are hereby expressly rejected. 3. additional agreements, assurances and other agreements as well as changes and additions to the contract must be made in writing to be effective.

2. conclusion of the contract. 1. by signing the contract the client submits an offer to THINKLAB81 to conclude a contract. He is bound to his offer for a period of 4 weeks after receipt of the contract by THINKLAB81. 2. the contract is concluded if THINKLAB81 has confirmed the acceptance of the offer in writing within this period or if THINKLAB81 starts with the actual execution of the services. 3. offers of THINKLAB81 are always without engagement and non-binding. THINKLAB81 may make the conclusion of the contract dependent on the presentation of a written proof of power of attorney, an advance payment or deposit or the letter of guarantee of a German bank.

3 Termination Unless otherwise agreed in the contract between the parties, the contractual relationship can be terminated after the expiry of any agreed minimum term with a notice period of 1 month to the end of the minimum contract term. For special and promotional offers (in particular offers with annual payment), different periods of notice may apply, provided that this is indicated on the Internet pages or in the offer/contract. The right to extraordinary termination for good cause remains unaffected. 2. Cancellations must be made in writing in order to be effective. 3. domains: the domain reservation will be charged for one year in advance and will be renewed after this period for another year if not cancelled in writing 30 days before the end of the current year for which the fee was paid. The domain owner can only freely dispose of the domain if all costs have been paid.

4. obligations of THINKLAB81 / scope of services. 1. THINKLAB81 offers the client access to the existing communication infrastructure, the provision of storage space on a server, the use of value-added services, the maintenance and administration of data processing equipment and communication infrastructure. Details and the scope of the services are conclusively set out in the product and service price lists and offer pages, which can be viewed at the domain: www.thinklab81.com and, if applicable, in the main contract or offer concluded in writing. 2. as far as THINKLAB81 provides additional services free of charge outside the contractual agreement, these services can be discontinued at any time. A reduction or compensation claim of the client or a right of termination does not arise from this. 3. THINKLAB81 is entitled to change, reduce or supplement the range of services resulting from the contract as well as to suspend access to individual services, if and to the extent that the fulfillment of the purpose of the contract concluded with the client is not or not significantly impaired thereby. The customer must be informed of this in good time.

5. duties and obligations of the customer. 1. the client is obliged to use the THINKLAB81 – services properly. In particular he is obliged to a) to inform THINKLAB81 immediately about changes in the contractual basis; b) not to misuse the access to the THINKLAB81 – Services and to refrain from illegal and/or unlawful actions. In particular, the client is forbidden to ” to use the services of other participants of the THINKLAB81 – Services without authorization, ” use services not agreed upon in the contract between THINKLAB81 and the client without authorization, ” decrypt, read or change passwords, e-mails, files or similar of other subscribers of THINKLAB81 – services or the system operator, ” to distribute individual applications of licensed application software via the THINKLAB81 – Services without authorization, ” to interrupt or block communication services, for example due to overloads, as far as this is the responsibility of the client, ” distribute or make available criminal content of any kind via THINKLAB81 services, ” this applies in particular to pornographic content, content glorifying violence or content that is directed against the free democratic basic order or the idea of international understanding, as well as propaganda material and symbols of unconstitutional parties and associations or their substitute organizations, ” to procure pornographic content for themselves or third parties which has as its object the sexual abuse of children. “In case of contractual violation (especially the above mentioned points), the client shall reimburse THINKLAB81 for any material and personnel expenses as well as out-of-pocket expenses incurred. c) to ensure compliance with legal regulations and official requirements, insofar as these are currently or will be relevant for the participation in the THINKLAB81 network or its technology partners; d) to take into account and comply with the applicable provisions of data protection and the recognized principles of data security; e) to notify THINKLAB81 immediately of any apparent defects or damage (malfunction reports) and to take all measures to enable the defects or damage and their causes to be identified or to facilitate and expedite the elimination of the malfunction; f) after submitting a malfunction report, to reimburse THINKLAB81 for the expenses incurred by the inspection of its facilities, if and to the extent that after the inspection it turns out that a malfunction occurred within the client’s area of responsibility (outside the defined scope of contract and services). 2. if the client violates the obligations mentioned in paragraph 1 lit. b) and c), THINKLAB81 is entitled to terminate the contractual relationship immediately and in the other cases with the exception of lit. g) after unsuccessful warning without observing a period of notice. 3. details of the interaction of the users among each other can be agreed upon in partnership by way of user rules. 4. in the cases of paragraph 1 lit. c), THINKLAB81 is entitled, in addition to the right to terminate the contract without notice, to block access to the services resulting from the scope of services with immediate effect upon becoming aware of a violation of the client in the manner described therein. 5. if the client notices any deficiencies during the inspection of the individual project steps or the completed project / work results, or if the client wishes to have any change requests implemented, the client is obligated to inform THINKLAB81 of this immediately in text form. 6. in case of non-fulfillment of the agreed obligations, there shall be no default for the time of the breach until it is cured on the part of the client. THINKLAB81 may also set a reasonable deadline for performance. If its interests are endangered – especially if its capacities are tied up extraordinarily by the delay – it may furthermore set a reasonable deadline. THINKLAB81 may then withdraw from the service contract after the fruitless expiry of the deadline and claim damages. Alternatively, THINKLAB81 may perform the actions owed by the Client itself or have them performed by a third party at the Client’s expense. THINKLAB81 shall be remunerated for the expenses incurred due to the time delay, in particular the downtime on its side, in accordance with its price list or the hourly rates agreed in the offer / individual contract, even if THINKLAB81 has approved a new schedule.

6. use by third parties 1. a direct or immediate use of the THINKLAB81 – services by third parties is allowed. The customer may use the services for his own purposes, resell and sublet them. The latter shall duly instruct third parties in the use of the services. The Client shall be liable to THINKLAB81 for the third party’s compliance with the contractual provisions in the same manner as the Client would be liable for its own compliance. 2. the client shall also pay the fees incurred by third parties within the scope of the access and usage possibilities provided to him. The same applies in case of unauthorized use of the services by third parties, unless the client proves that the unauthorized use was caused by a circumvention or cancellation of THINKLAB81’s security devices, for which he is not responsible.

7. terms of payment 1. unless otherwise contractually agreed, THINKLAB81 shall invoice the client for the agreed services at the respectively valid rates or fees and conditions plus the respectively valid statutory value added tax. Fixed fees shall be invoiced monthly in advance, usage-based fees shall be invoiced at the beginning of the following month. Unless otherwise agreed in writing, the respective fees shall be due for immediate payment without deduction upon invoicing. 2. 2. if the charge is to be paid for parts of a calendar month irrespective of consumption, these shall be charged at 1/30 of the monthly charge for each day. 3. line and communication costs (telephone charges) between the customer and the connection point of THINKLAB81 are to be paid by the customer. Insofar as separate costs (e.g. terminal adapter, exclusive modem provision, etc.) are incurred for a connection on the THINKLAB81 – side, these will be invoiced separately to the client.

8. right of set-off and retention, default in performance. 1. the customer is only entitled to set-off or retention if the counterclaim is undisputed, legally binding or accepted by THINKLAB81. 2. claims for damages due to disruptions in delivery and performance are excluded, unless THINKLAB81 is responsible for such disruptions due to intent or gross negligence. 3. if a disturbance of THINKLAB81 – services, which is considerable, lasts longer than one week and an actual downtime of more than one working day is reached, the customer is entitled to reduce the monthly fees and charges accordingly from the time of occurrence until the hindrance has ceased. A significant impediment shall be deemed to exist if a) the Client is no longer able to access the THINKLAB81 infrastructure for reasons beyond the Client’s control or the control of a third party and is thus no longer able to use the services listed in the contract, and b) the use of these services as a whole is significantly impeded or the use of individual services listed in the contract becomes impossible or comparable restrictions exist. 4. in case of failure of services due to a disturbance beyond THINKLAB81’s responsibility, the reduction is excluded. The same applies to the failure of services due to necessary business interruptions according to 12. of the AGB.> 5. due to defects the payment can only be withheld to a proportionate part considering the defect and only if the defect is present beyond doubt.

9. delay of payment 1. in case of default of payment THINKLAB81 is entitled to claim default interest in the amount of 5 percentage points above the respective legal prime rate p.a.. If THINKLAB81 is able to prove a higher damage caused by default, THINKLAB81 is entitled to claim it. 2. THINKLAB81 is entitled to terminate the contractual relationship without notice or to assert a right of retention of the services incumbent upon it, in particular to interrupt the retrieval of the domains, the connection of the server to the network or the line connection of the client, if the client is in default with the payment of the amounts owed, in whole or in part, for more than one month, THINKLAB81 has sent the client a reminder with a deadline and has pointed out the possible consequences of the termination and the right of retention. 3. THINKLAB81 reserves the right to assert further claims.

10 Acceptance 1. in case of contractual services, work results, the client will accept the completed work results by declaration in text form (§ 126 b BGB), as soon as THINKLAB81 has completed the work results and they substantially meet the contractual requirements. 2. acceptance shall be deemed equivalent in each case if the client uses the completed product or does not object to the acceptance in writing within 14 days after THINKLAB81’s declaration of completion with reference to material defects.

11 Additional expenditure, change requests. 1. all services of THINKLAB81, which are based on subsequent requests of the client for changes and additions, are considered as additional expenses, which are to be compensated separately according to the concluded contract / offer. This shall apply in particular if THINKLAB81 makes changes or additions at the Client’s request after acceptance of the specifications, after acceptance of the concept, after acceptance of the basic version, after acceptance of the services agreed upon in the offer or after acceptance of the completed work results, which relate to services that have already been accepted. This shall also apply if an acceptance pursuant to clause 10 has not yet taken place although the prerequisites for an acceptance have already been met. 2. THINKLAB81 is not obligated to comply with the Client’s requests for changes and additions to the services that have already been accepted. This also applies if the conditions for acceptance have been met, but no acceptance has yet taken place by the client.

12. availability of the services. THINKLAB81 provides its services 24 hours a day, 7 days a week, 365 days a year. Necessary service interruptions for preventive maintenance will be announced as early as possible by phone, SMS, WhatsApp or email. THINKLAB81 will eliminate malfunctions of its technical facilities as soon as possible within the existing technical and operational possibilities. In addition, THINKLAB81 guarantees the elimination of malfunctions of its technical equipment within certain times contractually defined by Service Level Agreement (SLA).

13 Secrecy, Data Protection 1) THINKLAB81 declares that its employees/agents/associates working within the framework of the contract concluded with the Client have taken all the necessary technical and organizational measures to guarantee confidentiality during the execution of the work, as well as permanently thereafter for the Client. 2. our privacy policy applies, which can be viewed on the THINKLAB81 website at the domain: https://www.thinklab81.com/datenschutz or in the footer area of this website under the menu item “Privacy Policy”.

14 Liability and Limitation of Liability. 1. claims for damages outside the warranty for defects are excluded against THINKLAB81 as well as in relation to its vicarious agents / assistants, unless there is intent or gross negligence or warranted characteristics are missing. This exclusion of liability does not apply to damages to life, body and health, damages resulting from a negligent or intentional breach of duty by THINKLAB81, its legal representatives or its vicarious agents, as well as to damages covered by liability under the Product Liability Act, as well as to all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of THINKLAB81, its legal representatives or its vicarious agents, as well as in the event of a breach of material contractual obligations. 2. THINKLAB81 shall not be liable for any third party information transmitted through its Services, for its completeness accuracy or timeliness, or that it is free of third party rights or that the sender is acting lawfully, except in cases of willful misconduct or gross negligence. 3. unless other conditions of these terms and conditions exclude liability, this liability towards customers who are fully qualified merchants shall be excluded in the case of damages that are a) by the use of THINKLAB81 – services, b) by the transmission and storage of data by THINKLAB81, c) by the use of transmitted programs and data by THINKLAB81, d) by THINKLAB81’s failure to check stored or transmitted data pages, or e) due to the failure of THINKLAB81 to store or transmit data as required, shall be limited to the amount of the proven foreseeable damage. 4. the client is liable for all consequences and disadvantages caused to THINKLAB81 or third parties by the misuse or illegal use of the THINKLAB81 services or by the client’s failure to comply with his other duties and obligations. 5. THINKLAB81 is not liable for any damage caused by the fact that THINKLAB81 services are not provided due to illness, war or armed conflicts, force majeure or as a result of labor disputes.

15 Final Provisions 1. place of performance for all contractual services is the registered office of THINKLAB81 in Starnberg and place of jurisdiction is also Starnberg, Federal Republic of Germany. 2. contracts concluded on the basis of these general terms and conditions are subject to German law. Provisions of the International Uniform Law on the International Sale of Goods (UN Sales Law) are excluded, as far as permissible. 3. vis-à-vis fully commercial customers, the place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of THINKLAB81. The same applies to legal entities, persons under public law or special funds under public law. However, THINKLAB81 is also entitled to sue at the place of the client’s registered office. 4. if any provision of this agreement is or becomes void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Instead, the invalid provision shall be replaced by a substitute provision which corresponds or at least comes close to the purpose of the agreement and which the parties would have agreed upon in order to achieve the same economic result if they had been aware of the invalidity of the provisions. The same shall apply mutatis mutandis to the incompleteness of the provisions.

Here you can download our terms and conditions as a PDF document: