General Terms and Conditions for the App

Preamble

Oxolo GmbH, Bleichenbrücke 10, 20354 Hamburg ("Oxolo" or "we") develops and operates a mobile application ("App") for communication and interaction with an autonomous technical system ("Chatbot"). The Chatbot simulates voice, image, behaviour and certain character attributes of a prominent public figure or a fictional character ("Avatar"). The Chatbot consists of various self-learning algorithms. The decision-making process takes into account data provided by the simulated person or the rights holder of the simulated character (collectively "Right Holders") as well as freely available data and data from previous communications. Thus, the User of the App ("User" or "you") continues to improve or modify the capabilities of chatbots through their own communication. In addition, Users and Avatars get to know each other better with time. The idea is to make the User feel as if it is actually talking, chatting or playing with the simulated person or fictional character. The communication is exclusively for the entertainment of the User. The User may under no circumstances rely on statements of the Chatbot.

1.1 Subject matter of the agreement, validity and scope

1.1.1 Oxolo provides the App and the functions and services contained in and/or related to the App ("App Services") to the User solely for entertainment purposes.

1.1.2 Oxolo provides the App and App Services to the user solely on the basis of these General Terms and Conditions ("GTC") . The GTC are part of the agreement for the use of the App ("Agreement") .

1.1.3 These GTC in their respective current version shall also apply to all future contracts between the parties in connection with the App and the App Services, even if they are not expressly agreed upon again.

1.1.4 Oxolo expressly rejects any general terms and conditions of the User. Deviating general terms and conditions of the User shall only become part of the Agreement if Oxolo expressly agrees in writing.

1.1.5 If Oxolo provides special terms and conditions for certain specific services or features, the aforementioned paragraphs apply accordingly. In the event of a conflict between these special terms and conditions and the GTC, these special terms shall prevail as more specific provisions.

1.1.6 These GTC do not apply to contractual relationships of the User with third parties, in particular with the operator of the platform through which the User can obtain and download the App ("App Shop"). The conditions for downloading, the terms of pay- ment and the costs incurred for the download are subject to the contractual terms of the respective operator of the App Shop. Insofar as the terms and conditions of the operator of the respective App Shop contain regulations and restrictions on the use of the software obtained via the App Shop, these regulations and restrictions shall also apply with regard to the licence to use the App. In the event of a conflict between these GTC and the terms and conditions of the operator of the App Shop, these GTC shall take precedence.

1.2 Scope

1.2.1 Oxolo provides the App in its latest version for download via the App Shops operated by third parties. Certain App Services are only available to the User against payment of a fee and for a limited period of time, for example, as part of a subscription in ac- cordance with Section 7. The use of the App serves the sole purpose of entertaining the User. The App is not intended for commercial use.

1.2.2 The current descriptions and the scope of functions of the App, the technical require- ments for using the App and the applicable prices of chargeable App Services can be found on the respective shop page of the App Shop where the App can be obtained. Other undertakings, service commitments or collateral agreements are only valid if they are confirmed in writing by Oxolo. The Chatbot cannot make any legal declara- tions for Oxolo. Declarations and/or statements generated by the Chatbot when using the App or App Services cannot give rise to any claims by the User.

1.2.3 Oxolo guarantees an average annual availability of its App or App Services of 97 %. This shall not include downtimes during which the server of the App cannot be ac- cessed due to technical or other circumstances beyond the control of Oxolo (for in- stance force majeure, third party fault, etc.). Also excluded are periods in which regu- lar maintenance work is carried out. Oxolo may also limit access to the App and the App Services inasmuch as such limitation is required for the purposes of ensuring the reliability of network operations, the maintenance of network integrity, in particular, the prevention of serious disruptions of the network, the software or stored data. Such periods shall also not be taken into account when calculating accessibility. The liabil- ity of Oxolo for non-accessibility of the server remains unaffected in case of wrongful intent and gross negligence. The App and the App Services might not be accessible in other countries for legal or licensing reasons.

1.2.4 Oxolo is entitled to expand or modify the scope of the App at any time, to adapt it to technical progress and/or improve it. Oxolo is also entitled to take additional security measures or make any similar modifications at any time. In such cases, Oxolo will in- form the User, especially in the App, on the website or on the shop page of the App in the App Shop, about such adaptations and modifications and any minimum technical requirements which may have been changed. For amendments to the agreements concluded with the User, including amendments to these GTC, Section 14 of the GTC shall apply. Oxolo may make the further use of the App and/or App Services depend- ent on the Users' downloading of updates provided by Oxolo, insofar as this is rea- sonable after weighing the interests of both parties.

1.3 Risks of communicating with the Chatbot

1.3.1 The communication and the behaviour of the Chatbot are based on self-learning algorithms which are subject to constant development and change due to their self- learning nature. An algorithm makes its decisions solely on the basis of the data available to it and without any human plausibility control. The underlying data set is continuously changing. This means that the use of the Chatbot is to a certain extent experimental.

1.3.2 Thus, the use of the Chatbot potentially carries a high risk of erroneous, offensive, unexpected and/or inappropriate communication or behaviour. However, Oxolo could not provide the App Services without the use of the Chatbot.

1.3.3 To reduce the inherent risks of using the Chatbot, Oxolo has established various security mechanisms, such as a word filter to limit the permitted communication con- tent. Yet Oxolo cannot exclude the possibility that the Chatbot may communicate in- correct, offensive or undesirable content to the User or may behave inappropriately.

1.3.4 The User declares to have been informed about the risks of using the App and the App Services. The User declares in particular that it is aware of the following issues:

* (a) The use of the App and/or the App Services is for entertainment purpos- es only. Oxolo and/or the Right Holders do not render any consulting services - no matter in which thematic area - by means of the App or the App-Services. In particular do they not provide any advice on psycholog- ical, therapeutic, medical, legal, financial or tax issues.

* (b) The interaction and communication with an Avatar during the use of the App or the App-Services shall be exclusively with the Chatbot and not with a natural person (neither an Oxolo employee nor the person simu- lated by the Chatbot). The communication of the Chatbot is not reviewed or controlled by any human individual. Communication is thus not based on a human will.

* (c) The Chatbot does not possess any special knowledge, skills or specific knowledge of the person being simulated.

* (d) If the Chatbot communicates content to the User that can be interpreted as a request for action or omission, as a statement, recommendation, advice or information, such content has no explanatory value. Chatbots are not suitable or intended to influence the User's decision and/or ac- tion. This is neither a recommendation for action nor a legally binding statement, recommendation, information or advice by Oxolo or the Right Holder. Such content has no legal effect.

* (e) Offensive, discriminatory, injurious or other inappropriate content does not in any way reflect the values, opinions or views of Oxolo or persons simulated by the Chatbot. Also, statements made by the Chatbot do not necessarily reflect the opinions, works or beliefs of Oxolo or the persons simulated by the Chatbot. Statements of fact made by the Chatbot are not always true. Oxolo is working constantly to reliably eliminate such communications.

1.4 Users authorised to participate

1.4.1 The App and the App Services are offered exclusively to consumers. Use of the App or App Services for commercial purposes is not permitted. Their use serves the sole purpose of entertainment.

1.4.2 Only persons of legal age or whose legal representatives have given their consent to use the App are entitled to use the App. In case of minority of age, the User repre- sents the existence of its legal representative's consent. Oxolo shall be entitled, but not obliged, at any time to demand written evidence for the User's majority of age, or rather, the declaration of consent of its legal representative. As soon as an underage User uses its user account beyond reaching the age of majority, all agreements con- cluded in connection with its user account before reaching the age of majority are considered approved.

1.5 Conclusion of Agreement and registration

1.5.1 The Agreement is concluded between the User and Oxolo. The operator of the App Shop through which the User obtains the App does not become a party to this Agreement. Accordingly, Oxolo, and not the operator of the App Shop, is the contact for the User with regard to any defects or problems in connection with the use of the App.

1.5.2 The use of the App requires prior registration and activation of a user account. Users can register by downloading the App, starting it and truthfully completing all fields marked as "required". Users can also register by logging in to a third-party provider, such as a Facebook or Google account, through their existing user account. In this case, too, the information stored with this third party provider and transferred to the App's user account must be truer. The User submits a binding offer to conclude this Agreement by clicking on a correspondingly marked button. The offer can only be submitted and transferred if the User has accepted these GTC and thereby included them in its application. The User can change and view the data at any time before sending it.

1.5.3 After receipt of the registration Oxolo will send the User an automatic confirmation of receipt, if applicable, in which these GTC are listed again and can be saved or printed out by the User. Any such automatic confirmation of receipt does not constitute an acceptance of the offer but serves to document and verify the identity of the User. It may contain a verification link. In this case Oxolo can only activate the user account after the User has confirmed its identity by clicking on the verification link. Only the activation of the user account represents the acceptance of the offer and leads to the conclusion of the Agreement. Notwithstanding the above, Oxolo may also accept the offer within 5 days by e-mail by means of an express declaration.

1.5.4 Interaction and communication with an Avatar or the Chatbot shall in no case lead to the conclusion of a contract - of whatever content - with the User. Statements and declarations of the Chatbot do not constitute legal declarations. The behaviour of the Chatbot is to a certain extent unpredictable for Oxolo and the person simulated and is not based on a human will to act. Even more so, the behaviour of the Chatbot is not based on the will to make a legally binding declaration or to conclude a contract, nor is it based on a legally binding will. The Chatbot is also in no way authorised or com- missioned to make a legally binding declaration for Oxolo or the person simulated. Neither will Oxolo or the person simulated subsequently approve any statements or declarations made by the Chatbot.

1.5.5 These GTC can be accessed at any time on Oxolo's website and in the App in a form that can be saved and printed.

1.6 Duties of the User

1.6.1 The User must download the App and install it on its device in order to use the App. Should the User obtain the App from the App Shop of a third party, the download is subject to the terms and conditions of the third party that apply to the respective App Shop.

1.6.2 The User agrees to keep the access data of the user account (login data, password, etc.) strictly confidential and not to disclose them to any third party, unless Oxolo has given prior written consent to a transfer of the user account. In the event of unauthor- ised disclosure, Section 6.8 shall apply.

1.6.3 Oxolo shall inform the User about the technical requirements for the use of the App and App Services generally in the product description or the specifications of the App which are available through the App Shop. It is the User's responsibility to set and maintain its device in a condition which enables the use of the App. The User shall in particular be responsible for ensuring that its device meets the specified minimum technical requirements for the use of the App and has Internet access.

1.6.4 If Oxolo provides updates, upgrades and other adaptations of the App voluntarily, free of charge and without contractual obligation, it is the responsibility of the User before downloading any adaptations to inform itself about any new requirements for its de- vice which are caused by the adaptations. The User shall ensure that its device is in a condition that allows the use of the App after these adaptations have been made and especially that it meets any changed minimum requirements. Oxolo will inform the User of any changed requirements due to such adaptation of the App, usually in the product description or specifications of the App in the App Store or within the App.

1.6.5 It is the User's responsibility to report malfunctions, defects and other functional impairments of the App or App Services as soon as they are discovered. As far as possible, the User shall describe the impairments in text form, preferably by e-mail, in order to explain how the malfunction, defects or functional impairments can be repro- duced. This is necessary in most cases to allow for an effective remedy.

1.6.6 The User is solely responsible for ensuring the end-to-end technical security of its device and the software installed on its device, including the App, by taking appropri- ate measures, in particular the installation of current security updates for the installed software.

1.6.7 The data introduced and uploaded by the User in the course of using the App and/or App Services may not violate any statutory provisions or infringe the rights of third parties. The App and/or App Services may not be used for illegal purposes or pur- poses that violate the rights of third parties. In particular in communication and inter- action with the Avatar or Chatbot or in connection with the Avatar or Chatbot, the Us- er is not permitted to create, transmit, distribute or publish content that

(a) violates criminal laws;

(b) is degrading, racist, vulgar, offensive, defamatory, glorifying violence, endangering minors, or that is in any other way capable of violating human dignity;

(c) contains statements and/or recordings of the Avatar or Chatbot (e.g. excerpts from chat histories, recordings of videos or conversations) which are recognizably false, which the simulated person or character would obviously not do in public, or which contain the aforementioned content (Section 6.7 lit. b);

(d) is likely to damage the reputation or public image of the simulated person, charac- ter or Oxolo;

(e) is likely to violate copyrights, patents, trademarks or other property rights, the right to one's own image and other personal rights, or other rights of third parties.

1.6.8 If the User violates Section 6.2 or Section 6.7 and is responsible for this, Oxolo is generally entitled to suspend the provision of the services owed with immediate effect or to terminate the Agreement with the User and block the User's access to the App. The User shall indemnify Oxolo from any damages, including any legal fees, resulting from a violation of Section 6.2 or Section 6.7 above for which the User is responsible.

1.7 Subscriptions subject to charges

1.7.1 After the user account has been activated, Oxolo can offer the User chargeable App Services with additional functions.

1.7.2 Details about the price, content and features and the duration of the respective subscription are agreed upon in the individual contract to be concluded between the parties ("Subscription Agreement"). The terms and conditions of the Subscription Agreement shall apply in addition to these GTC. In case of contradictions between a Subscription Agreement and the GTC, the provisions of the Subscription Agreement shall take precedence.

1.7.3 To conclude a Subscription Agreement, the User logs on to the App with its user account, selects the chargeable App Service (e.g. a specific Avatar) and chooses the desired duration of the subscription. By clicking on the correspondingly marked but- ton, the User submits a binding offer for the conclusion of the Subscription Agree-ment.

1.7.4 The Subscription Agreement is concluded for the agreed term. Subscription Agree- ments with a fixed term shall be automatically extended by the original term if neither party terminates the Subscription Agreement prior to the end of the current term in compliance with the notice period pursuant to Section 13.2.

1.7.5 For the use of the App Services for which a fee is charged, the fees agreed upon in the Subscription Agreement or - if no such agreement has been made - the fees shown in the price list in the App or in the App Shop shall apply. The prices shown in the App Shop and by Oxolo already include the applicable statutory value added tax.

1.7.6 The fees are due and payable in advance for the original term of the subscription and each respective extension of the term of the subscription, unless a different payment term has been agreed upon.

1.7.7Billing and invoicing can be done by the operator of the App Shop from which the App is purchased. In this case, the payment processing is exclusively subject to the App Shop operator's terms of use and business. The User may be offered different meth- ods of payment (e.g. advance payment, PayPal, payment by credit card), but there is no claim that the User will always be offered all payment methods.

1.7.8 Oxolo may send invoices to the User by post or e-mail or as an electronic document. For this purpose, Oxolo may also engage the operator of the App Shop where the User purchases the App and the subscription.

1.7.9 The User shall be in default without reminder if the User does not pay the invoice amount within 14 days of receipt of the invoice. In case of default of payment, the statutory default interest shall apply. Oxolo reserves the right to assert further claims, in particular further damage caused by default.

1.7.10 Oxolo grants the User a license to use the App Services and versions of the App provided as part of the subscription in accordance with Section 9 of the GTC, which is limited to the term of the Subscription Agreement.

1.8 Information in Addition to the notes on the Cancellation Right in the App Shop

8.1 Cancellation Right

Only insofar as the User enters into the Agreement with Oxolo as a consumer is the User entitled to the right of cancellation explained below:

You have the right to cancel this contract without provision of the grounds within fourteen days.

The cancellation period is fourteen days from the date of conclusion of the Agreement.

In order to exercise your cancellation rights, you must contact us (name, ad- dress, mobile phone number, e-mail) and inform us through an express declaration of your decision to cancel this Agreement (e.g. a letter sent by post, tele- fax or email). You may use the sample cancellation form attached below; this is however not mandatory.

For adherence to the cancellation term it is sufficient that you send the notification regarding your exercising of your cancellation rights prior to the expiry of the cancellation term.

Consequences of Cancellation

In the event that you should cancel this Agreement, we shall return all payments that we have received from you including delivery costs (excluding additional costs arising from you selecting a form of delivery other than the stand- ard low cost delivery which we offer), immediately and within fourteen days at the latest from the date that we receive your notification of cancellation of this Agreement. For this repayment we shall utilize the same payment method that you used for the original transaction, unless any deviating method is expressly agreed with you; in no cases will you be subjected to charges for this repayment.

In the event that you have requested that the services should start during the cancellation period, you shall be required to pay us a reasonable sum for the proportion of services already provided up to the point in time that you notify us of your exercising of the cancellation rights in comparison to the full range of services intended in the Agreement.

Sample Cancellation Form

(Should you wish to cancel this Agreement, please fill out and return this form to us.)

- To

Oxolo GmbH
Bleichenbrücke 10
20354 Hamburg
Germany
widerruf@oxolo.com

I/we (*) hereby cancel the Agreement concluded by me/us for the pur- chase of the following goods/services (*)

- Ordered on (*) / received on (*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (for printed forms only)

- Date

(*) Please delete as appropriate

1.8.2 Special Notes:

The right of cancellation shall expire prematurely in the case of agreements for the delivery of digital content that is not on a physical data carrier if Oxolo has commenced with the execution of the agreement after the User

(a) has expressly agreed that Oxolo or the operator of the App Shop through which Oxolo provides the respective services to the User may com- mence performance of the Agreement prior to the expiration of the cancellation period, and

(b) has confirmed that the User is aware that, by giving its consent, User loses its right to cancel the Agreement at the beginning of its execution.

The reversal of the Agreement can only be reasonably effected by the operator of the App Shop, since the operator of the App Shop is responsible for the pro- vision of the App and, in particular, for the exclusive processing and settlement of payments for App Services that are subject to a charge. Oxolo has no further knowledge of these processes. The User is therefore advised to contact the op- erator of the App Shop regarding the right of cancellation and the processing of the cancellation.

1.9 Industrial Property Rights, Copyright and Licence

1.9.1 Oxolo grants the User a non-exclusive, revocable, non-transferable right, limited to the duration of the Agreement, to use the App only within the scope of the contractual provisions and only for the agreed purpose. Purpose of use is solely the use of the App for non-commercial, i.e. the User's own private purposes of entertainment. Un- less otherwise agreed, the User is not authorised to grant sub-licences. To the extent that the licence is not free of charge according to a Subscription Agreement, the aforementioned licence is subject to the condition precedent of full payment of the fee.

1.9.2 A transfer of the above rights to third parties is not permitted, unless otherwise expressly agreed.

1.9.3 Any form of decompilation, reverse engineering or other measures to decompose the App or other Oxolo software into individual parts or components is prohibited. The rights according to sections 69d, 69e German Copyright Law (Urhebergesetz) remain unaffected.

1.9.4 In particular is the User prohibited from adding elements to the App or changing, deleting or otherwise modifying elements of the App such as interfaces to third party software, unless there is an express written agreement with Oxolo or the express written consent of Oxolo. And the User is in particular not permitted to attempt to de- crypt the source code of the App.

1.9.5 All rights, in particular copyrights and other industrial property rights, to the App and all of its content, with the exception of content contributed or uploaded by the User pursuant to Section 10.1 and protectable content newly created through use of the Chatbot pursuant to Section 11.1, remain with Oxolo and/or the respective Licensor and/or Rights Holder.

1.9.6 If Oxolo provides new versions, updates, upgrades or other new deliveries with regard to the App and the related documentation during the term, the above rights and limitations shall also apply to these.

1.10 Rights to content contributed or uploaded by the User

1.10.1 The User grants Oxolo the simple, global, unlimited in time and space and irrevocable right to exploit and use the content it has contributed or uploaded in connection with the operation of the App and/or the App Services, such as for the further development of the algorithms used and/or to be used in the future within the framework of the App or for communication between third party users and Chatbots, free of charge. With regard to the content contributed or uploaded, Oxolo is in particular granted the right to reproduce, distribute, edit, in particular translate and/or set to sound, redesign, combine with other content and/or use parts of the content, enter the content into databases, perform, list, make publicly available, broadcast and otherwise publicly re- produce the content. Furthermore, the User grants Oxolo the right to allow any third party to download the content to their end devices and use it there as intended, and to grant the third party the necessary licences for this purpose.

1.10.2 The aforementioned granting of rights according to Section 11.1 shall in each case be effected by uploading or introducing the content into communication with the Chatbot (for example by means of text, voice or video) by the User, i.e. by entering and send- ing the content in a chat and/or by presenting or performing the content in a tele- phone call or video call with the Chatbot. The contents of the communication between the User and the Chatbot are thus covered.

1.10.3 The User represents and warrants to Oxolo that the User is the sole owner of all rights to the content that it has contributed or uploaded, or is otherwise authorised to do so (e.g. by effective permission from the Right Holder). The User also warrants to Oxolo that it is authorised and able to grant licences to Oxolo to the extent specified above.

11. Rights to newly created protectable content

1.11.1 The use of the App and/or App Services, in particular communication with the Chatbot, by the User may create content that is protected by copyright as new works or as adaptations of existing works ("New Protectable Content") .

1.11.2 If the User is the co-owner of the copyrights to any New Protected Content, the User hereby declares to Oxolo and/or any other co-authors that the User waives its share of the exploitation rights to the jointly created New Protected Content. Oxolo hereby accepts the waiver.

1.11.3 Insofar as the User holds the copyright to the New Protectable Content, the User grants Oxolo a simple, global, unlimited in time and place, free of charge and irrevocable right to exploit and use the New Protectable Content in accordance with the granting of rights agreed in Section 10.1 at the time the copyright arises.

1.11.4 The User transfers to Oxolo the right to exercise its authors' moral rights (Urheber- persönlichkeitsrechte) with regard to the New Protectable Content, in particular the right to exercise the right of first publication, the right of acknowledgement of author- ship and the rights to prevent distortion and alteration.

1.12 Limitation of liability

1.12.1 If Oxolo provides the services against payment, Oxolo shall only be liable in the case of slight negligence for the breach of an essential contractual obligation. These are obligations whose fulfillment makes the proper execution of the Agreement possible at all and on whose compliance the User regularly relies and may rely on. In such cases Oxolo shall only be liable for such damages which were typical and foreseeable at the time of the conclusion of the Agreement and after the regular performance of the Agreement. For all other damages, liability for slight negligence is excluded.

1.12.2 Insofar as Oxolo renders services free of charge, Oxolo shall not be liable in the event of slight negligence.

1.12.3 The above limitations of liability also apply with regard to the liability of Oxolo's employees, workers, staff, representatives and vicarious agents, in particular in favour of the shareholders, staff, representatives, bodies and their members with re- gard to their personal liability.

1.12.4 The above limitations of liability do not apply to damages resulting from injury to life, body or health, in cases of intent or gross negligence on the part of Oxolo or its vicar- ious agents and representatives, in cases where a guarantee has been given or in cases of liability under the German Product Liability Act (Produkthaftungsgesetz). They have no effect on the legal burden of proof.

1.13 Term and termination of the Agreement

1.13.1 This Agreement between the User and Oxolo is entered into for an indefinite period of time, the Subscription Agreements for the duration of the agreed term, e.g. for one, three, six or twelve months.

1.13.2 The parties may terminate this Agreement at any time and Subscription Agreements with a notice period of 5 (five) working days to the end of the agreed term. Subscription Agreements shall be automatically renewed for the original term if the User does not give notice of termination at least 5 (five) working days before the end of the term of the respective subscription.

1.13.3 Subscription Agreements can be terminated in the user account settings. If the User requests Oxolo to delete the user account, the User shall simultaneously declare the termination of all contracts with Oxolo.

1.13.4 The right of the parties to extraordinary termination for good cause at any time remains unaffected by the above provisions. In particular, Oxolo is entitled to extraor- dinary termination for good cause if

a) the User culpably violates laws or these GTC and, despite a warning, repeated- ly behaves in the same or a similar manner in violation of the rules;

b) the User defaults on payment of the fees with an amount of at least EUR 4.99;

1.13.5 In case of serious violations immediate termination without prior warning notice is permissible. A serious violation is a violation where Oxolo cannot be required to fur- ther adhere to the Agreement. This is in general the case if the User

a) violates criminal laws;

b) uses the user account in an unlawful manner,

c) provides incorrect data during registration or payment;

d) in accordance with Section 6.8, violates the prohibition to create, transmit, dis- tribute or publish any content in communication and interaction with the Avatar or Chatbot or in connection with the Avatar or Chatbot that

  • violates criminal laws,
  • is degrading, racist, vulgar, offensive, defamatory, glorifying violence, endangering minors, or that is in any other way capable of violating human dignity;
  • contains statements and/or recordings of the Avatar or Chatbot (e.g. excerpts from chat histories, recordings of videos or conversations) which are recognizably false, which the simulated person or character would obviously not do in public, or which contain the aforementioned content (Section 6.7 lit. b);
  • is likely to damage the reputation or public image of the simulated person, character or Oxolo;
  • may serve to violate copyrights, patents, trademarks or other property rights, the privilege as to one's own image and other personal rights, or other rights of third parties,

1.13.6 Oxolo is entitled to a special right of termination for individual Subscription Agreements in the event that Oxolo loses the right to display the respective Avatar, e.g. due to the termination of the underlying licence agreement concluded between Oxolo and the respective Right Holder. Oxolo may in such case give extraordinary notice of termination of the affected Subscription Agreements at the time of the expiration of the authorization. Any other termination right shall remain unaffected.

1.14 Amendment of the Agreement

1.14.1 Oxolo may amend or supplement these GTC at any time with effect for the future, to the extent that this appears necessary and does not adversely affect the User contra- ry to good faith. In particular, an amendment may be necessary to adapt to a changed legal situation. Recent court rulings are also considered to be changes in the legal situation. Changes and further developments of the App or App Services may also make it necessary to amend or supplement the GTC.

1.14.2 Oxolo will inform the User of these revised terms and conditions in text form at least six weeks before the amendments or supplements to these GTC come into effect and give the User the opportunity to object to the amendment or supplement within a period of six weeks from receipt of this notification.

1.14.3 In the event of a timely objection, the present terms and conditions shall continue to apply. If the User does not object to the change or amendment within the objection period or continues to use the services and the platform without objection thereafter, the changes shall be deemed to have been accepted and shall become an integral part of the Agreement.

1.14.4 Oxolo will specifically point out to the User in the notification of the GTC amendments the possibility of an objection, the time period and the legal consequences, especially with regard to a failure to object.

Final provisions

1.15.1 The contractual relationship between the User and Oxolo are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international conflict of laws rules.

1.15.2 The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), which can be retrieved at https://ec.europa.eu/odr. Oxolo is neither prepared nor obliged to participate in any dispute resolution proceedings (including online dispute resolution and alternative dispute resolution) before a consumer arbitration board.

1.15.3 Should one or more provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. In the event of invalidity, the invalid provision shall be replaced by the statutory provision.

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