AGB

Table of Contents

I. Scope of Application
II. Conclusion of Contract
III. Right of Withdrawal
IV. Payment Terms
V. Contract Duration and Termination for Continuous Obligations
VI. Changes to the Terms and Conditions or Our Services
VII. Data Protection
VIII. Customer Service
IX. Consumer Arbitration Board
X. Online Dispute Resolution
XI. Applicable Law and Jurisdiction
XII. Fair Use Policy

I. Scope of Application

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via our Internet presence between you as our customer and us. Sapere aude GmbH Managing Directors: Christian Savelsberg, Lucas Calabro Kaiser-Karl-Ring 39b 53111 Bonn Tel.: +49 176 14837980 E-Mail: info@giftguru.app Register court: Amtsgericht Bonn Register number: HRB 28007

II. Conclusion of Contract

(1) The presentation and promotion of products on our Internet presence does not yet constitute a binding offer to conclude a contract, but only an invitation to submit such an offer (application). (2) You can submit your offer via the online ordering option provided on our Internet presence. The GTC become part of the contract when we point out the GTC to you at the time of conclusion of the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC. (3) The conclusion of the contract via the online ordering option of our Internet presence takes place in the following steps: (a) You can select the products offered on our Internet presence and place them in the electronic shopping cart. Before submitting the order, you can view the contents of the shopping cart at any time. You can correct your entries using the usual mouse and keyboard functions as well as the "Back" function of your Internet browser before completing the ordering process by clicking the "Buy" button. Any input errors can be recognized by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the magnification function ("magnifying glass function") of your Internet browser for this purpose. You can also end the ordering process at any time by closing the window of your Internet browser. (b) By submitting an order via the online ordering option of our Internet presence by clicking the 'Buy' button, you make a legally binding order for the products in the shopping cart. By placing the order, you confirm that you have taken note of the GTC and customer information of the shop and declare your agreement by submitting the order. (c) We will immediately confirm receipt of your order by e-mail. Your order is listed again in this e-mail. You can print this out using the "Print" function. This automatic confirmation of receipt only documents that your order has been received by us; it does not constitute acceptance of your application, unless we expressly declare acceptance of your application in addition to confirming receipt. (d) You are bound by the order for a period of 14 days after placing the order; your possibly existing right to revoke your order remains unaffected by this. (e) The contract is only concluded when we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation). (4) In our e-mail for receipt or order confirmation or in a separate e-mail, we will send you the contract text on a permanent data carrier, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our GTC and the order confirmation. (5) The contract text is stored by us in compliance with data protection regulations. Apart from the above-mentioned sending, it is accessible to you as follows: The contract text is visible on our website. (6) The contract is concluded in German language. (7) As far as you have provided your e-mail address within the ordering process or also within the scope of other inquiries, it is your responsibility to ensure that the e-mail address you have provided exists, is correctly indicated and that you can receive e-mails from us or from third parties who have been commissioned by us to process your order under this e- mail address. Automatic SPAM filters are to be configured or monitored accordingly. (8) You agree to an invoice transmitted electronically. (9) All prices indicated on our Internet presence are total prices including the statutory VAT and other price components plus shipping costs.

III. Right of Withdrawal

(1) According to § 312g para. 2 sentence 1 BGB, a consumer does not have a right of withdrawal in the case of a distance contract if goods are manufactured specifically for a customer or tailored to his personal needs. The right of withdrawal expires prematurely if we have only begun to execute the contract after you have given your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal with the beginning of the fulfillment of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

IV. Payment Terms

We offer you the following payment methods: (1) Payment processing via the payment service provider Stripe: The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use further payment services, for which special payment conditions may apply, which the customer may be separately informed about. Further information about Stripe can be found on the Internet at https://stripe.com/de. We offer you the following options for payment processing via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"): Stripe Direct Debit: If you choose this payment method, the payment processing is done by debiting our claim for payment of the agreed price by SEPA direct debit by Stripe. Our claim for payment of the agreed price becomes due after the SEPA direct debit mandate has been issued, as soon as the period for advance information for making the payment by debit, so-called prenotification, has expired. This prenotification is a notification from Stripe on our behalf to you, which announces a payment debit by SEPA direct debit and should enable you to prepare for the debit and to ensure coverage of your account at least in the amount of the payment. The debit by Stripe only takes place after the SEPA direct debit mandate has been issued, when the period for prenotification has expired. In the event that a payment debit by SEPA direct debit is not possible because the specified account is not sufficiently covered, an incorrect bank connection has been specified or you object to the debit without authorization, you have to bear the fees that arise from a chargeback by the relevant credit institution in the event of a fault. The proof that no or only a lesser damage has occurred as a result of the return debit remains reserved for you. Stripe Credit Card: If you choose this payment method, the invoice amount is due immediately upon conclusion of the contract, unless we have made a different agreement with you. As soon as the payment instruction has been confirmed and you have legitimized yourself as the credit card holder, the transaction is initiated and carried out by your credit card company. Your credit card is charged in this process. Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check. Stripe PayPal: For this payment method, we work with the following company: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg, hereinafter referred to as "PayPal". Within the payment processing, payment data is transmitted to the aforementioned company or third parties commissioned by it, possibly additional information is requested and processed on the pages of our partner. We have no influence or access to this. The aforementioned company is responsible for this data collection, processing, storage, and deletion. Exact information can be found in the relevant documents, terms and conditions, and privacy statements on the company's websites at paypal.com. You pay directly with or via your chosen PayPal account. After submitting your order and choosing this payment method, you will be redirected to PayPal and release the order value there. As soon as our PayPal account has been informed about your authorization, the further processing of your order and the shipping - depending on the delivery time indicated on the item - takes place. Your chosen PayPal account is charged with the actual invoice amount immediately after the authorization has been made, less any discounts, gift vouchers, etc.

V. Contract Duration and Termination in Continuous Obligation Contracts

(1) If we provide services within the framework of continuous obligation contracts, you will find the information on the contract duration and contract termination in the service description of our service. From this, you can also take the respective termination modalities, especially notice periods. (2) In all cases, the right to extraordinary termination for important reasons remains unaffected. An important reason exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot be expected from the terminating party. (3) The text form applies to termination. Therefore, termination can be done, for example, by fax, email, or in writing.

VI. Changes to the Terms and Conditions or our Services

(1) We reserve the right to change our terms and conditions or our services, (a) if our terms and conditions or our services need to be adapted to the applicable law, especially in the case of a changed legal situation, developments in case law, or if we have to comply with a court or official decision, (b) if technical or procedural changes, which are without significant impact for you, require a change to the terms and conditions or our services, (c) if we offer new or additional services that need to be included in the terms and conditions, and this does not bring any disadvantages for the existing contractual relationship with you, or (d) if the changes to our terms and conditions or our services are only legally advantageous for you. (2) Changes will be communicated to you in writing, by fax, or by email. If you do not object to this change within six (6) weeks after receiving the notification, the changes are considered accepted by you. You will be separately informed about the right to object and the legal consequences of silence. (3) Your rights regarding the termination of the contractual relationship with us remain unaffected.

VII. Privacy

Please refer to our privacy policy for information on the processing of personal data.

VIII. Customer Service

For questions, complaints, or claims, you can reach us by email at info@giftguru.app

IX. Consumer Arbitration Board

We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

X. Online Dispute Resolution

The EU Commission has set up an internet platform for online resolution of disputes (OS platform) between entrepreneurs and consumers. The OS platform can be reached at https://ec.europa.eu/consumers/odr/

XI. Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Law. Statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the state in which you have your habitual residence as a consumer, remain unaffected. (2) If you as a customer are a merchant, a legal entity under public law, or a special fund under public law, the exclusive jurisdiction for all disputes arising from contractual relationships between you and us is our place of business. Otherwise, the applicable legal provisions apply to local and international jurisdiction.

XII. Fair Use Policy

As part of our commitment to providing a high-quality, fast, and reliable service, GiftGuru.App has a fair use policy in place despite unlimited credits to prevent excessive use of our service. We expect each user to use this tool in a reasonable and responsible manner. There are some limits and restrictions that OpenAI, our partner company, prescribes, and each user is obliged to follow these guidelines (see below). We assure that our fair use policies allow genuine users to comfortably meet their daily and monthly usage requirements, although they meet certain conditions mentioned below. We also assure that the provision of our services for all is fair and with the best possible user experience. This should always mean that the quality of the service for each user is evenly and fairly. Excessive use of the service by a user can affect the speed and quality of use of other users. Thus, for a user who consumes more than 2.25 million words per month, the text generation function is automatically deactivated until the next billing cycle. We will of course inform you in good time. By using this service, you commit to choosing a tariff that matches your profession and company size. For very high usage, you should upgrade to the next higher tariff or ask us for an individual tariff or use our Business API. It is our intention to prevent automated and robotic behavior and to ensure the safety of our service and that of our partners. In addition, our AI engine restricts some types of use, such as the sharing of login data for an unlimited account with others to make a financial gain, and considers such activities as illegal activities. A place is intended for one user only, and multiple users in a login account are not allowed. Therefore, our system recognizes such behavior and automatically adjusts certain parameters temporarily if abnormal, strong usage patterns occur within a short period of time. If the system detects such activity, you may notice a deterioration in the output quality. This usually resolves itself with the renewal of your monthly cycle. In addition, your account may be blocked or permanently deleted without notice in the event of unusually high usage and illegal sharing of your account's login data with others. No claims in this regard will be accepted and no refunds will be granted. By using our service, you commit to us that any such claim/dispute raised by you or your bank will be automatically rejected. Prohibited Uses You may only use the Service for lawful purposes and in accordance with our terms. You agree not to use our service: In a way that violates applicable national or international laws or regulations. For the purpose of exploiting, harming, or attempting to exploit or harm minors by exposing them to inappropriate content or otherwise. To transmit or cause the sending of advertising or promotional material, including "junk mail", "chain letters", "spam" or similar solicitations. To impersonate or attempt to impersonate the company, an employee of the company, another user, or any other natural or legal person. In any way that violates the rights of others or to be in any way unlawful, threatening, fraudulent, or harmful, or in connection with an unlawful, illegal, fraudulent, or harmful purpose or activity. To engage in any other behavior that restricts or hinders the use of the Service or which, in our judgment, could harm the Company or users of the Service or expose them to liability. Our AI service provider "Open AI" does not allow the creation of sexual, religious, and political content and therefore you are strictly prohibited from creating such content. If you even accidentally attempt to create such content, our system will display the error message "Unsafe Content" the first time, which is to be understood as a final warning. If you try again to create such content, your subscription will be terminated and you will be excluded from further use of our services, and no refund will be made. In addition, you agree not to do the following: 1. Use the Service in a way that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities through our Service. 2. Use robots, spiders, or other automatic devices, processes, or means to access our Service, including monitoring or copying material on our Service. 3. Use manual processes to monitor or copy content from our Service or for any other unauthorized purposes without our prior written consent. Use devices, software, or routines that interfere with the proper functioning of the Service. 4. Introduce viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material. 5. Attempt to gain unauthorized access to parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service, or to disrupt, damage, or interrupt them.