General Terms and Conditions (GTC) of calimoto GmbH

(as on January, 2023)

1. Subject matter, validity and terminology 1. These General Terms and Conditions ("GTC") govern the business relationship between calimoto GmbH, with its registered office in Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 175693 B (hereinafter referred to as "calimoto", "we" or "us") and persons who use the calimoto application defined below (hereinafter referred to as "Users"). 2. In the following, the term "Application" includes the mobile and web applications offered by calimoto as well as websites together with the functions and content belonging to these, irrespective of the domains, systems, platforms and devices used. 3. In the following, the term "Content" refers to all content and information posted by Users within the Application or otherwise transmitted to calimoto, such as images, videos, texts, links, information on persons, places, tours or other data. 4. The term "Function" includes all individual services and areas in the Applications together with the Content belonging to these (e.g. the map display, upload of images, commenting on tours, etc.). 5. The version of the GTC valid at the time of conclusion of a contract is authoritative. calimoto reserves the right to make changes to these GTC, as provided for in Section 21. of these GTC. Terms and conditions that deviate from and/or exceed the GTC shall not become binding, unless calimoto expressly agrees to their validity in writing, whereby a lack of contradiction shall not constitute consent. 6. These GTC apply to all Users, regardless of their place of residence. For Users residing in the USA, special provisions of these GTC shall apply in addition or supplementary, depending on their regulatory Content, which are identified by the prefix "For US Users". 2. Restriction to natural and adult persons 1. The Application may only be used by natural persons. 2. Users must be of legal age and thus have reached the age of 18. 3. Scope of services and changes 1. The Application includes various Functions, some of which are freely accessible and some of which require registration, the conclusion of a Premium-Membership or the purchase of certain Function packages. 2. Users will be informed separately of the chargeable Functions and the amount of the costs and must expressly agree to their purchase. The purchase of the chargeable Functions within the respective app stores within which the Application is offered, in particular the Play Store from Google and the App Store from Apple (see also Section 4.), constitutes a so-called "In-App Purchase". In the case of In-App Purchases, the contract is not concluded with us, but with the operator of the Play Store (Google) or with the App Store (Apple). 3. The Functions offered within the scope of the Application include, among other things, the provision of road and landscape maps (hereinafter jointly referred to as "Maps"), for the creation and display of individual or already pre-planned tours with detailed route information (such as route profile, length of the respective tour, description of the tour in text and graphic form, photos and/or videos of the respectively individually created or selected tour), as well as acoustic and visual destination guidance within the scope of the respectively individually created or selected tour. In particular, calimoto offers the possibility of individual tour planning by the Users, the selection of tours already tailored to the User, as well as detailed route information related to the respective selected tour (such as route profile, length of the tour, textual tour description, photos and/or videos of the tour). 4. Furthermore, the services include community Functions that allow Users to exchange information and share their Content with each other and the public. 4. Conclusion of contract and registration 1. You can register in our app or through our website. To register, you can use your Facebook account, Google account, Apple account, or email address. When you sign in using your Facebook account, Google account, or Apple account, you authorize us to access or use certain account information. For more information about the information we collect from you and how we use it, please see our Data Privacy Policy at https://calimoto.com/de/informationen/datenschutz. 2. You register by accepting these GTC and our Data Privacy Policy, available at https://calimoto.com/de/informationen/datenschutz, and by confirming that you have read them, and by entering certain data (e.g. e-mail address, name) and selecting a password. When entering the data, you can check whether there are any input errors and correct them. You can also view and change your entries later in the settings of your User account. 3. The provision of the registration option does not constitute a binding offer on our part to conclude a contract on the use of our Applications, but merely an invitation to submit an offer to us. By submitting the completed registration form, you are making a binding offer to enter into a contract with us for the use of the Applications ("User Contract"), which is subject to these GTC. 4. Depending on the type of registration you have chosen, you will receive an email from us to verify your email address. To enable further steps, you need to click on the verification link in the email. 5. If we accept your offer to conclude a contract, we will activate you for the Functions of the Application that require registration. With the activation of the Functions, the contract between you and calimoto is concluded and binding for both parties. This contract relates to the use of the Application and is free of charge for the User. 6. By registering, you assure that you are legally competent to conclude binding contracts, that all information provided by you during registration are true, that you are responsible for the correctness and completeness of this information also in the future and that your use of the services of calimoto does not violate applicable law. 7. You can only register for one User account. User accounts may not be disclosed to third parties. You are responsible for keeping your User account and password secret, restricting access to your device and informing calimoto immediately upon becoming aware of any unauthorized use of your User account. 8. If the registration process is not completed in full, calimoto is entitled to irreversibly delete the incompletely registered account including all information provided by the User up to that point. 9. There is no entitlement to registration for the use of the Functions and Contents that requiring a registration. Therefore, calimoto reserves the right, in compliance with the legal requirements for equal treatment of Users, to refuse a requested registration by notifying the User accordingly without giving reasons. 10. The contract text is not stored by calimoto. 5. Fee required offers and Premium-Membership 1. The use of some Functions of our offers requires the conclusion of a Premium-Membership in the form of a subscription or the purchase of certain Function packages. The provision of the option to purchase corresponding fee required offers or to conclude a Premium-Membership does not constitute a binding offer to conclude a fee required contract on our part. To make a legally binding offer to conclude a paid contract on your part, select the relevant product in our app or on our website and add it to the virtual shopping cart. Follow the further instructions. To complete your purchase, you will first be redirected to an order overview page where you can correct any input errors. If the shopping cart is correct, you make a binding offer to conclude a contract with us for the use of the selected chargeable function by clicking on the button "Agree and subscribe", which we accept with the activation of corresponding functions. With the conclusion of the contract for the Premium-Membership, the free of charge User Contract (see Section 4.5) is transformed into a fee required User Contract. The purchase of individual Function packages does not affect the rest of the User Contract. 2. Please note that when you purchase fee required offers through the Apple App Store or our iPhone app, the payment processing is done through Apple and is therefore subject to Apple's applicable payment policies, which may not provide for refunds. The purchase is final and we also do not provide refunds unless you exercise your right of withdrawal as described in Section 20. of these GCT. If you make a fee required purchase of a feature pack or subscription via a Premium-Membership through the Google Play Store, your purchase is subject to Google's applicable payment policies, which may not provide for refunds. The purchase is final and we do not provide refunds unless you exercise your right to cancel as described in Section 20. of these GTC. If you purchase fee required offerings through our subscription partners just mentioned, the terms and conditions of those partners (supplementary to these GTC) may apply and the payment and management of the subscription may be handled by the partners. 3. In addition to our free basic package, we offer a fee required "All Cards" package. We also offer fee required subscription options for one week or one year, each billed weekly or annually. The subscription period will be renewed automatically for additional periods at the end of each subscription period unless the subscription is cancelled in a timely manner. If you wish to change or cancel your subscription, you must log into your account with our subscription partner and follow the instructions to cancel or terminate your subscription, even if you have deleted your account with us or the App from your device. Deleting your account or the App will not terminate or cancel your subscription. If you cancel or terminate your subscription, you may use your subscription until the end of the current subscription period, and your subscription will not be renewed when the period expires. 6. Change of the scope of services of calimoto 1. The further development of the Application is an essential part of the range of services offered by calimoto. The further development includes, among other things, the adaptation to the technical and legal progress and consideration of the requirements of the Users for the use of the Application. 2. Within the scope of further development, calimoto may change the Application as well as its Functions without this constituting a defect, provided this is reasonable for the User and the achievement of the purpose of the contract is not jeopardized by this. In the case of Users who are consumers, this applies in the case of chargeable services if * the change is made for the benefit of the User; * the amendment serves to bring the services into compliance with the applicable law, in particular if the applicable legal situation changes; * the change serves calimoto to comply with mandatory judicial or regulatory decisions; * the respective change is necessary to close existing security gaps; * the change is of a purely technical or procedural nature without any significant impact on the User. 3. Changes with only an insignificant influence on previous Functions do not constitute changes in performance in this sense. This applies in particular to changes of a purely visual nature and the mere alteration of the arrangement of Functions. 4. The scope of services of the Application and the offer of calimoto corresponds to the information within the scope of the product descriptions (https://calimoto.com/de/preise), these GTC or other contractual assurances of calimoto. In addition to these contractually binding services, which include software features, calimoto offers further benefits to Users on a voluntary basis, referred to as "Added Values". Added Values can be, for example, bonus programs, more favorable tariffs or access possibilities to services of partners. The Added Values can be provided according to the type of membership or use of the Application (e.g. depending on tariffs or selected languages). calimoto points out that the offer of Added Values can be discontinued and terminated at any time. Likewise, calimoto points out that the services offered within the scope of the Added Values are provided by their respective providers and the further legal relationships in connection with the use of the Added Values are exclusively established between the Users and the providers of the Added Values. In particular, calimoto does not bear any performance or warranty obligations with regard to these legal relationships. 7. Vouchers

If Users are offered vouchers, discounts, premium cards or comparable added value, the offer is directed specifically to our Users and may only be reserved for certain User groups or Users. Therefore, the transfer of the vouchers to other Users or third parties and in particular the sale, exchange or other trade with the vouchers is not permitted.

8. "calimoto damage protection" by VINQO 1. In our Application, we offer Users who have concluded a Premium-Membership in the annual subscription the optional use of the offer "calimoto damage protection". This is a legal service offered by Legal Data Technology GmbH, Heinz-Fangman-Straße 2-6, D-42287 Wuppertal (hereinafter referred to as "VINQO"). 2. Please note that calimoto merely mediates the services of VINQO, but is not itself involved in the contractual relationship between VINQO and Users and in particular does not bear any performance or warranty obligations. 3. The legal relationship between VINQO and the Users as well as the scope of services and the conditions of VINQO are determined by the General Terms and Conditions of VINQO (https://www.vinqo.de/agb/), which Users should read in their entirety when concluding a contract with VINQO. Accordingly, the following statements serve only as a non-binding overview of essential aspects of VINQO's services. 4. VINQO provides fast and personal legal advice and representation as a legal service after a road traffic accident. The team of lawyers and damage managers is available in person, by phone and online for our calimoto Premium-Members with an annual subscription after a traffic accident and advises them on the right course of action after a traffic accident and, if desired, subsequently takes over the extrajudicial assertion and enforcement of their claims for damages and compensation for damages and suffering. Via the menu in the calimoto app, the Premium-Member with an annual subscription can conveniently report their traffic accident online. With the online report, a personal online file is set up at VINQO, where images and documents can be uploaded in encrypted form, documents can be viewed, and consulting services can be provided. 5. With the online registration, personal data is transferred to VINQO in order to ensure a quick and easy contact. Information on the processing of personal data by VINQO can be found in the Data Privacy Policy of calimoto as well as in detail in the Data Privacy Policy of VINQO: https://www.vinqo.de/datenschutz/. 6. VINQO ensures a quick response to a case report. In case of a self-inflicted traffic accident or an accident caused by a third party without any evidence of the claimant, VINQO provides information on how to proceed according to the individual case. If there is at least a partial chance of success in enforcing the claims, VINQO will, at the request of the calimoto Premium-Member, take over the further legal representation and out-of-court enforcement of the claims against the damaging party, liability insurer and owner. 7. VINQO may, with the consent of the calimoto Premium-Member, assign cases to a specialized partner law firm, for example in cases of serious personal injury, in order to provide the best possible advice. 8. As a special service, the use of VINQO's services is free of charge for calimoto Premium-Members with an annual subscription. In case of referral to a partner law firm, the initial consultation there is also free of charge. 9. There is no contingency fee for calimoto Premium-Members with an annual subscription. The calimoto Premium-Member shall be exempted from the costs of the legal costs incurred with the commissioning of VINQO in the amount of the RVG remuneration in accordance with Section 4 Introductory Law to the German Legal Services Act (Einführungsgesetz zum Rechtsdienstleistungsgesetz, RDGEG) in conjunction with Lawyers' Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG) VV by assignment of the claim for reimbursement of costs in lieu of performance. In case of forwarding to a specialized partner law firm, fees according to the RVG may accrue. However, the lawyer shall point this out expressly. 10. If the enforcement of the claims arising from the traffic accident is unsuccessful, VINQO shall bear the costs incurred up to that point with the legal prosecution (request for information, own costs, etc.). 9. Time availability

The User acknowledges that calimoto cannot technically guarantee a temporally uninterrupted availability of its own website, the Applications of third parties and/or the individual Applications of calimoto (e.g. the recording of position data by means of GPS, visual and acoustic guidance, evaluation of sensor data) and the User has no claim against calimoto for such permanent availability. In particular, calimoto reserves the right to restrict or temporarily suspend its Applications for maintenance, security or capacity reasons at its own discretion.

10. Specifications for Content and duties of Users 1. calimoto is not responsible for the Content of the Users and does not adopt this Content as its own. 2. calimoto reserves the right, within the scope of the legally permitted possibilities and taking into account what is reasonable for the User, in particular taking into account the data protection rights and personal rights of the Users, not to publish Contents or to cancel their publication or to otherwise block or delete the Contents if there are concrete objective indications that the Contents violate legal requirements, official prohibitions, rights of third parties or offend common decency. However, calimoto is not obliged to check the Contents in advance. 3. The User undertakes not to publish or forward any Content that is illegal, in particular racist, pornographic, insulting or defamatory or that violates the rights of third parties, in particular copyrights or rights of use under copyright law. Accordingly, the User is fully responsible for all Content that he publishes and distributes via the platform of calimoto. 4. If Users upload images on which one or more persons are recognizable, their use is only permitted insofar as the consent of the third party or parties has been obtained or is permitted by law. 5. If a User is notified or otherwise becomes aware that his Content violates applicable laws, he must immediately remove this Content from the platform of calimoto. 6. If Users can contact other Users within the Application, the contacted Users must not be harassed (for example, by advertising, sexually connotative requests or repeated requests in the absence of a response or expressed desire not to be contacted). 7. For United States users: Under the Federal Communications Decency Act of 1996, calimoto is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content made available on the application. 11. Right of use and scope of use 1. calimoto points out that the Users may only use the Application for the individual contractual purposes. 2. Furthermore, Users are not entitled to rent, lend, lease, sell, modify or make the Application accessible to third parties in whole or in part in any technical form or to enable third parties to perform the aforementioned actions without the explicit written consent of calimoto. The aforementioned prohibitions are subject to mandatory legal requirements. Sublicenses may not be granted. 3. It is not allowed to share the Application with more than one person, e.g. by exchanging or otherwise distributing the access data among Users. This also applies if the Application is used by the persons at different times. In case of sufficiently certain knowledge of multiple use of the Application, we reserve the right to block the User account. The User may object to the blocking. 4. Users may only use the Application via the input masks and interfaces provided (e.g. tours may only be transferred from the Application to other devices via the export Functions provided). Actions that are likely to impair the functionality of the Application, software and infrastructure (e.g. scripts, robots, crawlers) are prohibited. In particular, excessive load that exceeds the regular usage intensity and frequency expected during normal use of the Application is prohibited. 12. Exemption 1. Users shall indemnify calimoto against all claims asserted by third parties against calimoto due to an infringement of their rights, provided that these claims are based on a breach of duty by the User. 2. In this respect, the Users shall also bear the costs of a necessary legal defense, including attorney's fees and court costs in the statutory amount. Users shall not be indemnified if they are not responsible for the infringement. 13. Granting of rights of use by Users 1. The subsequent granting of rights is non-exclusive, i.e. Users continue to retain their rights to their Content. 2. The Users allow calimoto to use their legally protected Contents free of charge, insofar as this is necessary for the contractual provision of the contractual services of calimoto. This permission includes in particular the right to reproduce the Contents of the Users and to make them publicly accessible in order to store them on the servers of calimoto, to create server backups or to make them accessible to other Users within the scope of sharing Functions. 3. The aforementioned right of use is granted free of charge, unlimited in time and place, non-exclusive and extends to all currently known types of use and includes, as far as technically applicable, reproduction, distribution, digitization, exhibition, presentation, broadcasting, making available to the public, public reproduction by means of image/sound/data carriers, storage in databases as well as analog and digital use. 4. calimoto may commission third parties to exercise the aforementioned rights of use within the legally permissible scope (e.g. when commissioning a subcontractor). 5. The Content of the Users may be edited or redesigned while respecting the personal rights (e.g. texts may be reproduced in abbreviated form as teasers). 6. Furthermore, calimoto shall only exercise the rights of use in compliance with the contractual and statutory confidentiality and data protection requirements as well as rights of objection. 7. Furthermore, the Users grant calimoto the non-exclusive, temporally and spatially unrestricted right to reproduce, distribute, publish, otherwise process, use and utilize the tour data generated by them, such as location and movement data on routes as well as information on locations in anonymous form, even after termination by the Users, or to transfer it to third parties free of charge or subject to a fee. 14. For United States users: Trademarks and Intellectual Property 1. Trademarks. Calimoto and all other graphics, logos, page headers, button icons, scripts, service names and other content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, licensors, licensees, successors, assigns, agents, partners, or other affiliates (collectively “Affiliates”) in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on the application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or any of our Affiliates. 2. Copyright. Except for content under license to us, we claim copyright and all copyright protection afforded, under international law and United States law relating to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other content on the application. The compilation of all content on the application is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international law and United States law to all material described in the trademarks section above. Your access to all information and content located on the application is strictly permitted through the license granted to you under these Terms. Except for the license granted to you and for the licenses granted to us in these Terms, all rights, title, and interest in content, in all languages, formats, and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ourselves and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or otherwise exploiting any content available on or through the application without our prior written permission, or in the case of content owned by a third party, without first receiving permission from the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content. 3. Infringement Claims. We respect the intellectual property of others and ask that users do the same. In connection with the application, we have adopted and implemented a Digital Millennium Copyright Act (“DMCA”) policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the termination of a user’s ability to use our application, in appropriate circumstances, if we determine that a user is infringing on the intellectual property rights of others. If you believe that a user is, through the use of the application, unlawfully infringing by submitting unauthorized content, and wish to have the allegedly infringing or unauthorized material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. Section 512) must be provided to our designated copyright agent (“Designated Agent”): your physical or electronic signature; identification of the works or rights that you claim to have been infringed; identification of the content on the application that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such content; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable content is not authorized by the copyright or other rights owner, its agent, or the law; and a statement that the information in the notification is accurate, and that, under penalty of perjury, you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. Note that, pursuant to 17 U.S.C. Section 512, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. 4. Our Designated Agent is: Sebastian Dambeck calimoto GmbH Babelsberger Straße 12 14473 Potsdam (Germany) Email: support@calimoto.com 15. Careful selection of a tour by the User, principle of personal responsibility 1. The User is aware that the driving of a tour individually created by him or a selected tour depends significantly and primarily on his personal driving skills, the respective means of transport used, as well as other external and internal influences (weather, traffic situation, physical condition). The User bears the sole responsibility for the selection of the respective tour and the driving of the respective tour in accordance with the aforementioned conditions. 2. Accordingly, the User is obliged to ensure that * the User has sufficient physical and mental capacity to ride the tour selected by him/her on the motorcycle, two-wheeler or other vehicle used by him/her; * the equipment carried by the User is suitable for riding on the tour selected by the User; * the prevailing weather conditions allow the tour selected by the User to be taken without any risk to the life, limb and health of the User that exceeds the usual risk in road traffic, taking into account the special dangers for motorcyclists; * information about the route and information about the current location are error-free; * the use of visual and acoustic route guidance or navigation is only permitted according to the relevant rules of the German Road Traffic Act (Straßenverkehrsordnung, StVO) under the conditions and technical aids specified therein; * the recording of sensor data by the terminal device used by the User may require a corresponding mount on the respective vehicle, whereby the User must observe the technical specifications and manufacturer's specifications as well as legal requirements. 3. The User is also aware that individual tours proposed by calimoto may - for whatever reason - be subject to temporary or longer-lasting closures (e.g. by the local authorities due to natural events, traffic disruptions of any kind, etc.) or that the navigability of individual tours or tour Sections may be restricted, for example due to bad weather conditions. It is therefore the sole responsibility of the User to inform himself about local (official) directives, the closure of a tour, natural events, traffic disruptions or the (safe) navigability of the respective route and to adjust his behavior accordingly. 4. The User is aware and conscious that the rules of the road (in particular the StVO) take precedence over any routing provided by calimoto. 5. calimoto does not assume any warranty for the Contents that are entered by the Users or other third parties into the system of calimoto or are forwarded via this and are publicly accessible or can be called up by other Users via the websites of calimoto or third parties including the end devices connected to this (e.g. cell phones). In particular, calimoto also does not guarantee that the Content provided by a User for the use by other Users is accurate and complete. The use of the Content of third parties may under certain circumstances be subject to additional terms and conditions, which the User can view in each case. 6. The following provisions on the liability of calimoto shall remain unaffected by the aformentioned provisions of this Section. 16. Liability of calimoto 1. The liability of calimoto towards the User for compensation for damages - regardless of the legal reason - is limited to intent and gross negligence. In the case of simple negligence, calimoto shall only be liable, subject to statutory limitations of liability (e.g. care in own affairs; insignificant breach of duty), as follows: * for damages resulting from injury to life, body or health; * for damages from the breach of an essential contractual obligation (obligation, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, the liability of calimoto is limited to the compensation of the foreseeable, typically occurring damage. 2. The limitations of liability resulting from Section 16.1 also apply to third parties as well as in the case of breaches of duty by persons (also in their favor) whose fault calimoto is responsible for according to legal regulations. The provisions of the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) remain unaffected. 3. For all Users, except for US Users: For damages incurred by Users due to a slightly negligent breach of duty attributable to calimoto, calimoto is only liable to the extent that it is a foreseeable and contract-typical damage according to the type of service, which was directly caused by the breach of duty. In particular, the liability for data loss shall be limited to the foreseeable and contract-typical damage that would have occurred if backup copies had been made regularly and in accordance with the risk. If the slightly negligently violated obligation is not of essential importance for achieving the purpose of the contract, the liability of calimoto is excluded. 4. For all Users, except for US Users: The aforementioned limitations of liability also include any claims of the User for compensation of such expenses which he has made and could reasonably be expected to make in reliance on the receipt of a performance in accordance with the contract. On the other hand, calimoto is liable to Users without limitation for damages from injury to life, body or health that are based on an intentional or grossly negligent breach of duty by calimoto or its legal representatives or vicarious agents as well as for other damages that are based on an intentional or grossly negligent breach of duty or fraudulent intent on the part of one of the aforementioned persons. In addition, calimoto is liable to Users without limitation for damages that are covered by the liability according to mandatory statutory provisions as well as in the case of any assumption of a guarantee by calimoto. Insofar as nothing to the contrary results from the provisions of this Section, any liability of calimoto - irrespective of the legal grounds - is excluded. 5. For United States users: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO (A) THESE TERMS, (B) CONTENT AND/OR YOUR USER CONTENT, (C) THE APPLICATION, AND/OR (E) ANY ASPECT OF THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed an amount greater than $125 USD. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 6. For United States users: You agree to indemnify, defend, and hold harmless us and our affiliates from and against any and all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use the application; any infringement of a third party’s rights (including but not limited to intellectual property rights); a breach of a representation or warranty made by you; your user content; any defamatory, offensive, fraudulent, or illegal use of the application by you; any improper disclosure of content by you; and any violation by you of these Terms, our Privacy Policy, any of our other Policies. 7. For United States users: To the maximum extent permitted by applicable law, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE all claims, actions, demands, suits, or proceedings (“Claims”) against US and our AFFILIATES, including any and all liability for actual and/or consequential damages, costs, and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to (a) THE APPLICATION, (B) CONTENT, ANd/OR YOUR USER CONTENT, and/or (c) any inaccuracy, untimeliness, or incompleteness of ANY AND ALL CONTENT obtained or accessed by or through the application. FURTHER, if YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by THESE TERMS may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. 17. Warranty 1. calimoto endeavors to keep the Application available as constantly as possible. However, the User acknowledges that a 100% availability of the Application cannot be realized technically. In particular, maintenance, security or capacity concerns as well as events that are not within the control of calimoto (such as disruptions of public communication networks, power failures, etc.) can lead to short-term disruptions or temporary inaccessibility of the Application. 2. For Users who are entrepreneurs, the commercial inspection and complaint obligations apply. Claims due to defects shall become statute-barred after twelve months in the case of Users who are entrepreneurs, unless the defect was fraudulently concealed. 3. In all other respects, the statutory warranty shall apply. 18. Sanctions 1. Since the integrity and functionality of the Application is of essential importance, sanctions will be imposed on Users if and to the extent that there are concrete indications that Users violate legal regulations, the rights of third parties, morality and/or these GTC. 2. When choosing the sanction to be imposed, calimoto will take the factual circumstances and legitimate interests of the affected User in the decision into account and also, among other things, whether the misconduct is only without fault or whether the violation was culpably committed. 3. The following graduated sanctions are available to calimoto: * deletion of Content. * warning of a User. * on/restriction when using the Application. * temporary blocking of a User. * final blocking/termination of a User, if necessary combined with * a ban from the house. 4. The provisions on the right of termination of calimoto made under the following Section remain unaffected. 19. Termination of the contract of use, termination 1. The registered User is entitled at any time to terminate the contract concluded with calimoto for the use of the Applications. 2. calimoto, on the other hand, is only entitled to an ordinary termination of the User Contract concluded with the User concerned subject to a notice period of two weeks. This does not affect the right of calimoto to extraordinarily terminate the User Contract concluded with the User concerned with immediate effect if there is an important reason. An important reason for the extraordinary termination on the part of calimoto is, for example, given if calimoto has obtained knowledge that the User concerned has behaved or is behaving in an illegal manner when using the platform of calimoto, in particular has placed Content in the system of calimoto which infringes the property rights of third parties and/or has registered with several profiles. 3. The termination must be made at least in text form. The deletion of the Application from the User's device does not constitute a declaration of termination. 4. We would like to point out that Users can give notice of termination directly in their profile area in the Application or on the website. If the User has to provide proof of the effectiveness of the termination or if the use of electronic options is not reasonable, they have the option of terminating the contract in text form. 5. It is the responsibility of the Users to back up their data before the end of the contract in the event of termination. calimoto is entitled to irretrievably delete all User data stored during the term of the contract. 6. With the termination, all personal Content of the Users will be deleted. Shared Content or comments are excluded out of consideration for other Users, so that conversations, advice or the like do not lose their meaning or turn around. In this case, however, such Content will be anonymized by removing the names of the Users. Users have a right to request the deletion of the remaining personal data. 20. Legal Right of Withdrawal 1. If you are a consumer pursuant to Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), i.e. a natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, and your residence within the European Union you have a statutory right of withdrawel for contracts concerning our offers subject to a charge under the following conditions Please note that in case of an in-app purchase you have a right of withdrawal within the respective app store, e.g. Apple App Store or Google Play Store. 2. **Right of Withdrawal:** Consumers may withdraw from a contract within 14 days without giving any reason. The cancellation period ends 14 days after the day of the conclusion of the contract. In order to exercise the right of withdrawal, consumers must notify us of their decision to withdraw by means of a clear declaration (e.g. by means of a letter sent by mail or fax or an e-mail) addressed to the following contact details: calimoto GmbH Babelsberger Straße 12 14473 Potsdam Germany support@calimoto.com Consumers may, but are not required to use the enclosed cancellation form. For compliance with the withdrawal period, it is sufficient if consumers send their notice of withdrawal before the expiry of the withdrawal period. 3. **Effects of withdrawal:** In the event of withdrawal from this contract, we will reimburse consumers for all payments we have received, including provisioning costs (with the exception of additional costs resulting from the fact that consumers have chosen a provisioning method other than the cheapest standard provisioning method offered by us), without undue delay and in any case no later than 14 days from the day on which consumers have notified us of their decision to withdraw. For the refund, we will use the same means of payment that the consumer used for the original transaction, unless otherwise agreed; in any case, consumers will not incur any fees as a result of this refund. 4. **Cancellation form - sample:** (Fill out and return this form only if you wish to revoke the contract). — To calimoto GmbH, Babelsberger Straße 12, 14473 Potsdam, Germany, e-mail: support@calimoto.com — I/We () hereby give notice that I/We () revoke my/our (\*) contract for the purchase of the following goods () /for the provision of the following services () — Ordered on () / received on () — Name of the consumer(s) — Address(es) of the consumer(s) — Signature(s) of consumer(s) (required only if this form is submitted in paper form) — Date (\*) Please delete where not applicable. 5. Premature expiry of the right of withdrawal: The right of withdrawal shall expire prematurely if we have commenced performance of the contract subject to a charge with the express consent of the consumer before the expiry of the withdrawal period and the consumer was aware that his right to withdraw from the contract subject to a charge would be forfeited as soon as we commenced performance of the contract. 21. Amendment of the GTC 1. calimoto reserves the right to change the GTC at any time with effect for the future, unless this is not reasonable for the Users. In the case of Users who are consumers, calimoto is entitled to change the GTC in the following cases: * if the amendment serves to bring the GTC into conformity with the applicable law, in particular if the applicable legal situation changes; * if the change serves calimoto to comply with mandatory judicial or regulatory decisions; * if completely new services on the part of calimoto, or service elements as well as technical or organizational processes require a description in the GTC; * if the change is only beneficial to Users. 2. In such a case, calimoto will send the amended GTC to the e-mail address stored by the User at calimoto at least two weeks before they come into effect or inform the User within a dialog within the Application. 3. If a User does not object to the new GTC within a period of two weeks after receiving the e-mail or reading the amended GTC within a dialog within the Application, the amended GTC are deemed to be accepted by him. calimoto will inform the Users of the consequences of a failure to object with the change notification. 4. If the User objects to the validity of the new GTC within the period, calimoto remains authorized to terminate the contractual relationship with the User with a notice period of one week. 5. Users may also agree to amended GTCs by means of an express declaration of consent. 22. For United States Users (For United States Users): Compliance

You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Application, regardless of your geographic location. We will cooperate with law enforcement agencies in any investigation of alleged unlawful activity of which we are made aware regarding the use of our Application and may contact law enforcement if we are aware of any use of our Application which potentially violates any applicable laws, statutes, ordinances, or regulations. We make no representation that the Application is operated in accordance with the laws or regulations of, or governed by nations other than the Federal Republic of Germany. By accessing the Application you certify that you meet your country's and our express age and other eligibility requirements for the use of the Application. Those who access or use the Application do so of their own volition and are entirely responsible for compliance with applicable law.

23. Final provisions 1. The contractual relationship with calimoto is not transferable to third parties. 2. The law of the Federal Republic of Germany shall apply. Mandatory protective provisions of the law of the state in which the contractual partner who is a consumer has his habitual residence shall remain unaffected. 3. The place of performance for Users who do not have a general place of jurisdiction in the Federal Republic of Germany is the registered office of calimoto. 4. For United States Users: We are an independent contractor only. These terms do not create any employer-employee, agency, joint venture, or partnership relationship. 5. For United States Users: If the application is being acquired on behalf of the United States Government, then use, duplication, or disclosure of our application by the United States Government is subject to restrictions set forth in these Terms and as provided in the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement, as applicable. 6. The contract languages are German and English. 7. The EU Commission has created an Internet platform for online dispute resolution. More detailed information is available under the following link: http://ec.europa.eu/consumers/odr. The User is informed in accordance with Section 36 VSBG that calimoto is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. If individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining GTC.

menu

Altro

Altro

itexpand_more