Terms of Service

Welcome to our platform. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Daniel Samer ("we", "us", or "our") governing your access to and use of our website and services.

By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the platform after such changes constitutes acceptance of the modified Terms.

To use our services, you must:

- Be at least 18 years of age or the age of majority in your jurisdiction
- Have the legal capacity to enter into a binding agreement
- Not be prohibited from using our services under applicable laws
- Provide accurate and complete registration information

By using our platform, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility and may terminate accounts that do not meet these requirements.

To access certain features, you must create an account. When registering, you agree to:

- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password confidential and secure
- Immediately notify us of any unauthorized access or security breach
- Accept responsibility for all activities under your account

You may not share your account credentials with others, create multiple accounts for deceptive purposes, or use another person's account without permission. We reserve the right to suspend or terminate accounts that violate these provisions.

You agree to use our platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

- Violate any applicable local, national, or international law or regulation
- Infringe upon the rights of others, including privacy, publicity, or intellectual property rights
- Upload, transmit, or distribute any viruses, malware, or harmful code
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the platform's operation or servers
- Engage in any automated use of the system (bots, scrapers, etc.) without permission
- Harass, abuse, threaten, or intimidate other users
- Impersonate any person or entity or misrepresent your affiliation
- Collect or harvest user information without consent
- Use the platform for any commercial solicitation without our approval

Users may be able to post, upload, or share content on our platform. You retain ownership of your content but grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content in connection with operating the platform.

You are solely responsible for content you submit and represent that:

- You own or have the right to use and share the content
- Your content does not violate any third-party rights
- Your content complies with all applicable laws and these Terms

We reserve the right to remove any content that violates these Terms or that we deem objectionable, without prior notice. Repeated violations may result in account termination.

We may offer premium features or subscription services. If you purchase premium services:

- All fees are stated at the time of purchase and are non-refundable unless otherwise required by law
- Subscriptions automatically renew unless cancelled before the renewal date
- You are responsible for all charges incurred under your account
- Prices may change with reasonable notice

Payment processing is handled by third-party providers. By making a purchase, you agree to their terms of service. We are not responsible for payment processing errors or fraud committed by third parties.

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our platform, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. We comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

All content, features, and functionality of our platform, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are the exclusive property of Daniel Samer or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

- Copy, modify, or distribute our content without permission
- Use our trademarks or branding without written consent
- Reverse engineer or attempt to extract source code from our software
- Remove any copyright or proprietary notices

Limited license: We grant you a limited, non-exclusive, non-transferable license to access and use our platform for personal, non-commercial purposes in accordance with these Terms.

Our platform may allow users to interact with each other. You are solely responsible for your interactions with other users. We do not guarantee the identity, conduct, or statements of any user.

We encourage you to exercise caution and common sense in all interactions. Report any suspicious or inappropriate behavior to us immediately.

We reserve the right, but have no obligation, to monitor disputes between users and to take action we deem appropriate, including removing content or suspending accounts.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:
- The platform will be uninterrupted, secure, or error-free
- Results obtained from using the platform will be accurate or reliable
- Any defects will be corrected

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR EUR 100, WHICHEVER IS GREATER.

You agree to defend, indemnify, and hold harmless Daniel Samer and any affiliates, officers, agents, partners, and employees from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

- Your use of and access to the platform
- Your violation of any provision of these Terms
- Your violation of any third-party right, including intellectual property, privacy, or publicity rights
- Any content you submit or transmit through the platform
- Any damage caused by your negligence or intentional misconduct

This indemnification obligation will survive the termination of these Terms and your use of the platform.

You may terminate your account at any time by following the instructions in your account settings or by contacting us.

We reserve the right to suspend or terminate your account and access to the platform at our sole discretion, without notice, for conduct that we believe:

- Violates these Terms
- Is harmful to other users or third parties
- Is fraudulent or illegal
- Is otherwise objectionable

Upon termination:
- Your right to use the platform ceases immediately
- We may delete your account and content
- Provisions that should survive termination will remain in effect

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the platform shall be resolved as follows:

1. Informal Resolution: Before filing any formal complaint, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

2. Jurisdiction: If informal resolution fails, any legal action shall be brought exclusively in the courts of Duisburg, Germany, and you consent to the personal jurisdiction of such courts.

3. Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to participate in class actions.

Nothing in this section limits your rights under applicable consumer protection laws.

We reserve the right to modify these Terms at any time. When we make changes:

- We will post the updated Terms on our website
- We will update the "Last Updated" date at the top
- For material changes, we may notify you via email or prominent notice on the platform

Your continued use of the platform after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the platform.

We encourage you to review these Terms periodically.

Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the platform.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations freely.

Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

Notices: We may provide notices to you via email, posting on the platform, or other reasonable means. Notices to us should be sent to the contact information provided below.

If you have any questions about these Terms, please contact us:

Daniel Samer
Am Alefskamp 50
47198 Duisburg
Germany

Email: hester@yixn.io
Phone: +49 15225669203