Imprint

According to § 5 TMG:

HAORGA GmbH

Felix Hofmann

Schönstr. 25a

81543 München

Tel: +49 (0)30 55143239





Represented by:

Felix Hofmann





Responsibility for content, as governed by section 55 subsection 2 RStV (broadcasting and telemedia law):

Felix Hofmann

Weserstr. 21

12045 Berlin





Register:

Filed in the commercial register.

Register court: Amtsgericht Charlottenburg

Register number: HRB 107871





VAT-ID:

Sales tax identification number according §27a VAT act DE145218134





TERMS AND CONDITIONS

Please read the following Terms and Conditions (these “Terms”) carefully before using the Haorga GmbH (“haorga”) website, as well as any online features, services and/or programs offered by us through our web pages and websites (collectively, the “Website”) and mobile applications (collectively, the “Apps“). By accessing or using the Website and Apps, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website and Apps. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website and Apps.

1.CONVENIENCE AND INFORMATION ONLY.

The Website and Apps are provided to you as a convenience and for your information only. By merely providing access to the Website and Apps, haorga does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) haorga has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website and Apps will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.

2.SITE USE AND CONTENT.

You may view, copy or print pages from the Website and Apps solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website and Apps without the express, prior, written consent of haorga. At any time, we may, without further notice, make changes to the Website and Apps, to these Terms and/or to the services described in these Terms. We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms.

3.DISCLAIMERS

(a)NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND APPS IS AT YOUR SOLE RISK. THE WEBSITE AND APPS AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE AND APPS, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE AND APPS ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE AND APPS, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE AND APPS, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. haorga DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND APPS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT haorga WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND APPS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY OF haorga AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE AND APPS WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE. (b)INDEMNIFICATION. You agree to defend, indemnify and hold harmless haorga and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by haorga, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

4.LIMITATION OF LIABILITY

IN NO EVENT WILL haorga BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND APPS AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE AND APPS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND APPS AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE AND APPS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF haorga WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

5.PRIVACY

Personal data that you provide regarding yourself will be handled in accordance with haorga's Privacy Policy available below.

6.THIRD PARTY CONTENT

(a)haorga may provide hyperlinks to other websites maintained by third parties, or haorga may provide third party content on the Website and Apps by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER haorga'S CONTROL AND haorga IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND APPS, YOU DO SO ENTIRELY AT YOUR OWN RISK. (b)If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with haorga. In most cases, haorga is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, haorga's Content; (ii) may not create a browser, border environment or frame haorga's Content; (iii) may not imply that haorga is endorsing it or its products or services; (iv) may not misrepresent its relationship with haorga; (v) may not present false or misleading information about haorga's products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.

7.COPYRIGHT AND TRADEMARKS

The trademarks, service marks and logos used and displayed on the Website and Apps are haorga’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. haorga is the copyright owner or authorized licensee of all text and all graphics contained on the Website and Apps. All trademarks and service marks of haorga, or its subsidiaries or affiliates, that may be referred to on the Website and Apps are the property of haorga, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website and Apps are the property of their respective owners. Nothing on the Website and Apps should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of haorga's, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without haorga's prior written permission. haorga aggressively enforces its intellectual property rights. Neither the name of haorga, its subsidiaries or affiliates, nor any of haorga other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website and Apps or otherwise, without haorga's prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 6(b) above may use the name “haorga” in or as part of that link.



Apple, the Apple logo and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

8.SUBMISSIONS

If you send, transmit, post, e-mail or otherwise convey to haorga, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the “Submissions”), those Submissions will be deemed, and will remain, the property of haorga. Subject to haorga's Privacy Policy below, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant haorga and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to haorga and its successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to haorga that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that haorga and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.

9.AVAILABILITY

Information that haorga publishes on the Website and Apps may contain references or cross-references to products, programs or services of haorga, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that haorga, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact haorga for information regarding the products, programs and services that may be available to you, if any.

10.COPYRIGHT COMPLAINTS

haorga owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website and Apps by third parties not within the control of haorga. It is our policy not to permit materials known by us to be infringing to remain on the Website and Apps. Please notify us promptly if you believe that any materials on the Website and Apps infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), haorga will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to haorga Customer Service at: Haorga GmbH Schönstr. 25a, 81543 München, Germany. In addition, please send an email to .

11.TERMINATION OF SERVICE

We may terminate your right to access portions of the Website and Apps at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website and Apps, to haorga, to its partners, to the business of the Website’s internet service provider, or to other information providers.

12.GOVERNING LAW

These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. By using or accessing the Website and Apps, you agree that any action at law or in equity arising out of or relating to your use of the Website and Apps or these Terms will be filed only in the state or federal courts in the State of California, Los Angeles County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

13.LOCAL LAWS

haorga makes no representation that content or materials on the Website and Apps are appropriate or available for use in jurisdictions outside the United States. Access to the Website and Apps from jurisdictions where such access is illegal is prohibited. If you choose to access the Website and Apps from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. haorga is not responsible for any violation of law. You may not use or export the Content or materials on the Website and Apps in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

14.CUSTOMER COMMENTS

By submitting comments, information or feedback to us through email, the Website and/or Apps, you agree that the information submitted will be subject to the haorga Privacy Policy below. Your Consent To This Agreement By accessing and using the Website and Apps, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and Apps. If you have additional questions or comments of any kind, or if you see anything on the Website and Apps that you think is inappropriate, please let us know by sending your comments to: .

PRIVACY POLICY

Haorga GmbH (“Haorga”, “our” or “we”) takes user privacy very seriously. We recognize that your privacy is a high priority and we are committed to protecting it. This Privacy Policy (the “Policy”) provides an overview of what information Haorga may collect from you, and how we may use it. We pledge that we will take reasonable steps to ensure that your personal information will only be used in ways that are in compliance with this Policy.

This Policy is in effect only for any collective non‑user-specific information and personal information collected and/or received through Haorga’s and its affiliates’ web pages and websites (collectively, the “Website”) and mobile applications (collectively, “Apps”), as well as through third party social media sites. Your use of the Website and Apps is also governed by Terms and Conditions located at above

Information From Children

Some of the Website and Apps are designed for use, or may otherwise be used, by children. However, we do not routinely collect personal information from any person that we know to be under the age of thirteen (13) and we are in full compliance with the Child Online Privacy Protection Act (“COPPA”), as well as any and all other applicable privacy laws, rules and regulations. Notwithstanding anything in this Policy to the contrary, the sole circumstances under which we would knowingly receive personal information about or from a child under the age of thirteen (13) are those limited exceptions provided in COPPA where collection is permitted without parental/guardian consent.

If Haorga begins collecting information from children in the future that exceeds the above scope, we will implement procedures to protect children's privacy, including:

Notifying parents/guardians about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information.

In accordance with applicable law, obtaining consent from parents/guardians for the collection of personal information from their children, or for sending information about our products and services directly to their children.

Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity.

Giving parents/guardians access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted. Haorga encourages all parents to instruct their children in the safe and responsible use of their personal data while using the Internet. Information Collected

Haorga may collect two types of information when you visit or use the Website and Apps: contact information and usage information Contact Information

Contact information refers to the information that you intentionally provide to us when you submit a request to be contacted. This information may include your name and email address, as well as any other information that you may voluntarily provide to us through the Website and Apps, including by email. We collect this information only for purposes of responding to support requests and for participation in mailing lists. Usage Information

Haorga may obtain non-individualized, generic information about you when you visit the Website and Apps. This may include your IP address, Unique Device Identifier, browser type and language, arrival time and referring website. The IP address reveals nothing personal about the user other than the IP address from which the user has accessed the Website and Apps. We also may receive information about your usage of the Apps in connection with troubleshooting errors and providing support in connection with the Apps. Because this is non-personal information, we do not consider this information to be information about you.

Haorga may use “cookies” to keep track of your visit and use of the Website. A cookie is a small piece of data that your browser stores on your computer’s hard drive and uses to collect information, such as identifying those areas of the Website that you have visited in the past in order to enhance your next visit to the Website. If you would prefer not to receive cookies, you can alter your browser’s configuration to refuse cookies.

Purpose and Use of Information Collected

We may receive information about you in connection with a request from you and/or providing support to you. Information submitted to us through email, the Website or the Apps for requests or support will be deleted after we respond to a request that you may make.

We may now or in the future collect names and/or email addresses for the purposes maintaining a mailing list regarding or products and other products in which we believe you would have an interest. Haorga does not use its users’ email address or other personally identifiable information for commercial or marketing purposes without your consent or except as part of a program or feature for which you will have the ability to opt-in or opt-out.

Haorga does not use your email address or other personally identifiable information collected through the Website and Apps for commercial or marketing purposes without your consent or except as part of a program or feature for which you will have the ability to opt-in or opt-out. Non-identifiable information about you may be used for the purpose of improving the features and functionality of the Website and Apps.

When Information Is Disclosed By Haorga

Except as described below, Haorga does not disclose any information about users of the Website and Apps. Haorga might disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (a) comply with a legal process and applicable laws; (b) enforce this Policy; (c) respond to claims that information provided from or on the Website violates the rights of third parties; or (d) protect the rights, property or personal safety of Haorga, its users or the public.

We use reasonable precautions to keep the information that is disclosed to us secure. We may provide information about you to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with this Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

We also reserve the right to disclose information about you in connection with the enforcement of our Terms and Conditions, to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Website, and to protect the rights, property, or personal safety of Haorga, our users or others.

We reserve the right to transfer information about you in connection with the sale or other disposition of all or part of the Haorga business and/or assets. We also cannot make any representations regarding the use or transfer of information about you that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties (including other users of the Website) that receive any of the information that is disclosed to us.

Privacy Outside the Website and Apps

The Website and Apps may contain various links to other websites, including links to various third party service providers. Haorga is not and cannot be responsible for the privacy practices or the content of any of those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.

Information Security

We make every effort to ensure that information collected through the Website and Apps is not lost, misused, or altered inappropriately by administering security measures. However, all information transferred over the Internet can potentially be accessed by unauthorized parties; therefore, Haorga cannot guarantee the security of your data transmitted to the Website and Apps.

Choices With Your Personal Information

Whether you submit personally identifiable information to Haorga is entirely up to you. You may opt out of any disclosure or use of your personally identifiable information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by following the instructions at the end of this Policy, or by following the procedures set forth in an electronic communication from us, if applicable. There are some uses from which you cannot opt-out, such as our use of information about you in connection with providing support that you request for the Website and the Apps.

General

Your personal data (e.g. title, name, house address, e-mail address, phone number, bank details, credit card number) are processed by us only in accordance with the provisions of German data privacy laws. The following provisions describe the type, scope and purpose of collecting, processing and utilizing personal data. This data privacy policy applies only to our web pages. If links on our pages route you to other pages, please inquire there about how your data are handled in such cases. Inventory data (1) Your personal data, insofar as these are necessary for this contractual relationship (inventory data) in terms of its establishment, organization of content and modifications, are used exclusively for fulfilling the contract. For goods to be delivered, for instance, your name and address must be relayed to the supplier of the goods. (2) Without your explicit consent or a legal basis, your personal data are not passed on to third parties outside the scope of fulfilling this contract. After completion of the contract, your data are blocked against further use. After expiry of deadlines as per tax-related and commercial regulations, these data are deleted unless you have expressly consented to their further use.

Web analysis with Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (Google). Google Analytics uses cookies, i.e. text files stored on your computer to enable analysis of website usage by you. Information generated by the cookie about your use of this website is usually transmitted to a Google server in the United States and stored there. In case of activated IP anonymization on this website, however, your IP address is previously truncated by Google within member states of the European Union or in other states which are party to the agreement on the European Economic Area. Only in exceptional cases is a full IP address transmitted to a Google server in the United States and truncated there. On behalf this website's owner, Google will use this information to evaluate your use of the website, compile reports about website activities, and provide the website's operator with further services related to website and Internet usage. The IP address sent from your browser as part of Google Analytics is not merged with other data by Google. You can prevent storage of cookies by appropriately setting your browser software; in this case, however, please note that you might not be able to fully use all functions offered by this website. In addition, you can prevent data generated by the cookie and relating to your use of the website (including your IP address) from being collected and processed by Google, by downloading and installing a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=en

Social plug-ins from Facebook

We use social plug-ins from facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plug-ins can be recognized by way of the Facebook logo or the supplement “Facebook Social Plug-in“. For example, if you click on the “Like“ button or leave a comment, the relevant information is transmitted directly from your browser to Facebook and stored there. Furthermore, Facebook makes your likes public for your Facebook friends. If you are logged into Facebook, it can assign the invocation of our page directly to your Facebook account. Even if you are not logged in or don't have a Facebook account, your browser sends information (e.g. which web pages you have called up, your IP address) which is then stored by Facebook. For details about handling of your personal data by Facebook and your related rights, please refer to the data privacy policy of Facebook: http://www.facebook.com/policy.php. If you do not want Facebook to map data collected about you via our Web sites to your Facebook account, you must log out of Facebook before you visit our web pages.

Your Consent To This Policy

By using the Website and Apps, you consent to the collection and use of information by us as specified above or as we otherwise see fit unless you inform us otherwise by means of the procedure identified below. If we decide to change this Policy, we will make an effort to post those changes on this web page so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others. Your use of the Website following any amendment of this Policy will signify your assent to and acceptance of its revised terms. We may use comments, ideas, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments of any kind, if you see anything on the Website and Apps that you think is inappropriate, please let us know by e-mail at .