OWNAMIC – Terms and Conditions

1. Provider, Scope of Services, and Scope of Application

(1) The provider of the Service is Ownamic UG (haftungsbeschränkt), c/o POSTFLEX PFX-610-965, Emsdettener Straße 10, 48268 Greven, email: info@ownamic.com, hereinafter referred to as the "Provider," "we," or "us."

(2) OWNAMIC is a digital platform for collecting, organizing, documenting, and managing tangible assets and other physical items, hereinafter referred to as the "Platform." Digital assets, in particular cryptocurrencies, tokens, NFTs, or other purely digital asset positions, are not covered by the Service. The Platform can be accessed via websites, mobile applications, or other digital channels. The Platform, the website, mobile applications, and other digital services offered under the OWNAMIC brand are hereinafter collectively referred to as the "Service."

(3) The platform provides AI-supported assistance functions, specifically for identifying, describing, categorizing, structuring, and documenting items, as well as for determining non-binding reference values and value ranges. These functions are intended solely for the user's general information, organization, and personal or business documentation.

(4) OWNAMIC does not provide expert, appraisal, brokerage, investment, financial, legal, tax, or insurance advisory services. Results provided through the platform do not constitute a binding valuation, an expert opinion, a market price guarantee, an insurance value, a tax or accounting valuation, or a commitment that a specific price can actually be achieved.

(5) These Terms and Conditions apply to all users of the Service. A "consumer" is any natural person who enters into the contract for purposes that are predominantly neither commercial nor related to their independent professional activity. A "business" is a natural or legal person or a partnership with legal capacity that, at the time of entering into the contract, is acting in the course of its commercial or independent professional activity.

(6) Any deviating, conflicting, or supplementary general terms and conditions of business operators shall only become part of the contract if the Provider expressly agrees to their validity.

2. Conclusion of the Contract, Registration, and Incorporation of the Terms and Conditions

(1) The use of certain features requires the creation of a user account. During registration, the user must provide the requested mandatory information completely and accurately.

(2) A contract for the use of the Service is concluded when the user creates a user account and the Provider confirms the registration or activates access to the user account. For paid services, the contract is concluded when the user selects a paid offer during the ordering process, provides the required information, accepts these Terms and Conditions, and submits the order bindingly via the button provided for this purpose.

3. Usage Requirements and User Account

(1) Use of the Service requires that the user be at least 18 years of age and have full legal capacity. By registering, the user confirms that they meet these requirements.

(2) The user is obligated to keep their login credentials confidential and protect them from access by third parties. The user must immediately notify the provider if there are indications of misuse of their account or unauthorized access.

(3) The user is responsible for activities carried out via their account, to the extent that they initiated these activities themselves or are responsible for any misuse of their account.

(4) The user may not transfer their user account to third parties without the prior consent of the provider.

4. Scope of Services, Digital Services, and Updates

(1) The specific scope of the Service is determined by the relevant service description, the selected plan, the ordering process, and these Terms and Conditions.

(2) The user is solely responsible for providing the Internet connection, suitable devices, and up-to-date browsers, operating systems, or app versions required to access the Service, unless these are expressly provided by the Provider.

(3) The Provider may further develop, update, and modify the Service to the extent that this is necessary or appropriate for the security, technical functionality, legal compliance, or further development of the Service and does not unreasonably impair the User's legitimate interests.

(4) The Provider shall provide updates to consumers to the extent required by law. The User's statutory rights in the event of defects remain unaffected.

5. AI-Supported Functions and Non-Binding Nature of Results

(1) To provide individual functions, the Provider may use AI models, algorithmic analyses, image recognition services, search services, databases, and other technical systems.

(2) The Provider is entitled to replace the technical systems, AI models, third-party providers, or data sources used, provided that this does not significantly alter the agreed scope of services to the User's detriment. There is no entitlement to the use of a specific AI model, a specific data source, or a specific third-party provider.

(3) The platform may generate automated results based on the content and information provided by the user, in particular identifications, descriptions, categories, object characteristics, value ranges, reference values, and other information.

(4) The user is aware that AI-supported and automated results may, for technical reasons, be erroneous, incomplete, outdated, misleading, or not applicable to the specific individual case. In particular, AI systems may provide information that appears plausible but is in fact incorrect or randomly generated, such as regarding the manufacturer, model, origin, condition, authenticity, rarity, comparative prices, or value of an item.

(5) All results pursuant to paragraph 3 are non-binding guidelines. In particular, they do not constitute an expert opinion, a professional assessment, advice, a recommendation, an offer, or an assurance of a specific market, insurance, replacement, fair market, book, or resale value.

(6) The provider is not liable for ensuring that a published indicative value can actually be achieved on the market or is recognized by insurance companies, authorities, courts, experts, buyers, sellers, or other third parties.

(7) The results do not replace an individual review by qualified professionals or institutions. In particular, they are not intended to serve as the sole basis for purchase or sale decisions, insurance policies, claims settlements, financing, tax or balance sheet valuations, legal proceedings, or regulatory purposes.

(8) The quality of the results depends significantly on the content uploaded by the user and the additional information provided. The user is responsible for any inaccurate, incomplete, misleading, or outdated user input.

(9) The user's statutory rights in the event of non-contractual provision of the service remain unaffected.

6. Allowed Content and User Obligations

(1) The platform is designed for the collection and documentation of physical objects. The user may only upload, post, or process content for which they hold the necessary rights and whose use does not violate any legal regulations, third-party rights, personal rights, data protection laws, or these Terms and Conditions.

(2) The user may not upload or process any content that is illegal, defamatory, discriminatory, violent, harmful to minors, misleading, fraudulent, or otherwise in breach of this Agreement.

(3) The user agrees not to upload any content that recognizably contains individuals, biometric features, personal or official documents, private living spaces that allow identification of residents, or other sensitive information, to the extent that this is not necessary for the intended use of the Service or is legally prohibited.

(4) The User may not misuse the Service. In particular, automated mass access, scraping, reverse engineering, circumvention of technical protective measures, disruption of system integrity, introduction of malware, and any use that may impair the security, availability, or functionality of the Service are prohibited.

(5) The user is obligated to check uploaded files and content with due care for malware or other harmful components prior to upload.

(6) The Provider may block or remove content if there are concrete indications that it violates legal regulations, the rights of third parties, or these Terms and Conditions. In the event of serious or repeated violations, the Provider may temporarily suspend the User's access or terminate the user agreement for good cause. To the extent legally and practically possible, the User will be notified of the action taken.

7. User Content and Grant of Rights

(1) By uploading or entering content, the user grants the provider, for the duration of the user relationship, a non-exclusive, worldwide right to store, technically process, reproduce, transmit, analyze, display, and technically edit such content to the extent necessary for the provision, operation, security, support, and contractual use of the Service.

(2) Content marked as private will not be used for public display, reference, marketing, or advertising purposes, unless the user has expressly consented to this or has personally approved the content for such functions.

(3) The user assures that they are authorized to grant the aforementioned rights and that they do not infringe upon the rights of third parties.

8. Prices and Payments

(1) The prices, scope of services, terms, and payment terms listed on the platform at the time of booking apply.

(2) For consumers, prices include applicable sales tax, where applicable.

(3) Payments are processed via the payment methods and payment service providers specified during the ordering process.

(4) Price changes apply only to future bookings or future contract periods; service periods for which payment has already been made remain unaffected. For ongoing subscriptions, the user will be informed in a timely manner before a price change takes effect and may cancel the subscription at the end of the current contract period before the change takes effect.

9. Term, Renewal, and Termination

(1) Free user accounts are valid for an indefinite period and may be terminated by the user at any time using the designated function or by notifying the provider.

(2) Paid subscriptions have the term specified during the ordering process. If no specific term is specified, the subscription is valid on a monthly basis.

(3) Subscriptions are automatically renewed upon expiration of the respective term for the period specified during the ordering process, unless they are terminated in a timely manner. The right to terminate for good cause remains unaffected.

(4) Upon termination of the user relationship, the user's right to use paid features ends. Any payment claims that have already accrued remain unaffected.

10. Availability, Data Backup, and Deletion

(1) The Provider will make every effort to ensure reasonable availability of the Service. Uninterrupted availability is not guaranteed unless expressly agreed otherwise. Temporary restrictions may arise in particular due to maintenance work, security measures, technical malfunctions, force majeure, disruptions to telecommunications networks, failures of third-party providers, or other circumstances beyond the Provider's control. The User's statutory rights remain unaffected.

(2) The user is responsible for regularly backing up their own content and important documentation outside the platform, to the extent that exporting or other storage is possible.

(3) Upon termination of the user relationship, the Provider may delete the content stored in the user account after a reasonable period has elapsed, provided there are no legal retention obligations, legitimate interests, or conflicting rights of the user.

11. Liability

(1) The Provider shall be liable without limitation for damages resulting from injury to life, body or health, for damages caused by willful misconduct or gross negligence, in the event of the assumption of a guarantee, in the event of fraudulent concealment of a defect, and in accordance with mandatory statutory provisions, in particular the Product Liability Act.

(2) In the event of a breach of essential contractual obligations due to slight negligence, the Provider shall be liable only for damages that were foreseeable at the time the contract was concluded and that are typical for this type of contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the User may regularly rely.

(3) In the event of data loss caused by slight negligence, the Provider shall be liable, unless a case under paragraph 1 applies, only for the restoration costs that would have been incurred even if the User had performed proper and regular data backups.

(4) In all other respects, the Provider's liability is excluded.

(5) The foregoing liability provisions also apply in favor of the Provider's legal representatives, employees, vicarious agents, and other agents.

(6) The statutory rights of consumers regarding defects in digital products remain unaffected.

12. Data Protection

(1) Information regarding the processing of personal data and users' rights can be found in the provider's privacy policy.

(2) To the extent that third-party providers are used for individual functions, further information is provided in the privacy policy as well as in the relevant product- or function-specific notices within the service.

(3) The user is responsible for ensuring that the personal data uploaded by them may be lawfully processed, to the extent that the user themselves determines the purposes and means of processing.

13. Final Provisions

(1) The laws of the Federal Republic of Germany shall apply. With respect to consumers, mandatory consumer protection provisions of the country in which the consumer has his or her habitual residence remain unaffected, to the extent that they are applicable.

(2) If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions shall be the provider's registered office.

(3) Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provisions.

Appendix 1 – Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the date the contract is concluded.

To exercise your right of withdrawal, you must notify us

by means of a clear statement, for example by email or mail, informing us of your decision to withdraw from this contract.

You may use the attached model withdrawal form for this purpose, though this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund all payments we have received from you without delay and no later than 14 days from the day on which we receive notice of your withdrawal from this contract.

We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees for this refund.

If you have requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal, compared to the total scope of the services provided for in the contract.

Special Notes Regarding Digital Content or Digital Services

If the contract involves digital content or digital services, the right of withdrawal may expire early if you have expressly agreed that we may begin fulfilling the contract before the withdrawal period expires, you have confirmed that you are aware that your consent to the commencement of contract performance will result in the loss of your right of withdrawal, and we have provided you with a confirmation of the contract.

Template Withdrawal Form

If you wish to withdraw from the contract, you may fill out this form and return it to us.

To:

I/we hereby withdraw from the contract I/we entered into for the provision of the following service: