Terms and Conditions

1. Legal Compliance

You agree to:

• Comply with all applicable federal, state, local, and international laws and regulations
• Ensure that your use of our services does not violate any third-party rights
• Obtain all necessary permissions, licenses, and approvals for your use of our services
• Respect intellectual property rights, including copyrights, trademarks, and patents
• Refrain from engaging in any fraudulent, deceptive, or misleading activities

2. Conduct Requirements

When using our services, you must:

• Provide accurate, current, and complete information
• Maintain the security and confidentiality of your account credentials
• Promptly update information to keep it accurate and current
• Act in good faith and with professional integrity
• Respect the rights and dignity of other users and third parties
• Refrain from harassment, abuse, or threatening behavior

3. Prohibited Activities

You specifically agree not to:

• Use our services for any unlawful purpose or in violation of these terms
• Engage in unauthorized data mining, scraping, or automated access
• Attempt to breach security measures or gain unauthorized system access
• Distribute viruses, malware, or other harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt services or servers
• Reverse engineer, decompile, or disassemble our software
• Remove, obscure, or alter copyright notices or proprietary markings

4. Content Guidelines

Any content you submit must not:

• Violate intellectual property rights of third parties
• Contain defamatory, obscene, or offensive material
• Promote illegal activities or violate public policy
• Include false, misleading, or deceptive information
• Contain personal information of others without consent
• Infringe on privacy rights or data protection laws

5. Age Requirements

Our services are intended for use by individuals who are at least 18 years of age. By using our services, you represent and warrant that you meet this age requirement or have obtained parental or guardian consent. We reserve the right to request proof of age at any time.

1. Disclaimer of Warranties

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARTGATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or use of our servers
• Damages resulting from interruption or cessation of services
• Damages from bugs, viruses, or other harmful components
• Damages resulting from third-party conduct or content
• Damages from errors, mistakes, or inaccuracies in content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US IN THE SIX MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

3. Exclusion of Consequential Damages

We shall not be liable for any loss of business opportunities, loss of profits, business interruption, loss of data, or any other commercial damages or losses arising from or related to your use of our services, whether based on warranty, contract, tort, or any other legal theory.

4. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

5. Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability and warranties will be limited to the greatest extent permitted by applicable law.

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

2. Jurisdiction

Any legal action, suit, or proceeding arising out of or relating to these Terms and Conditions or your use of our services shall be instituted exclusively in the courts of Munich, Germany. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

3. Dispute Resolution Procedures

Before initiating formal legal proceedings, we encourage you to:

• Contact us directly to resolve the dispute informally
• Provide detailed information about the nature of your dispute
• Allow reasonable time for us to investigate and respond
• Participate in good faith negotiations to reach a mutually acceptable resolution

4. Time Limitation for Claims

Any claim arising from these Terms and Conditions or your use of our services must be filed within one year after the cause of action arose. Claims filed after this period shall be permanently barred.

5. Waiver of Class Actions

You agree to bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Startgate.