General Terms and Conditions

§ 1 Scope and Contracting Parties

1.1 These General Terms and Conditions ("GTC") govern the use of the mobile application "Sally" (the "App" or "Service") provided by Sacred Valley Tech UG (haftungsbeschränkt), Im Mediapark 5, 50670 Cologne, Germany (the "Provider", "we" or "us"). The authorised managing directors are Paolo Coda Rivera and Luca Elias Urlacher. The company is registered in the commercial register of the Local Court of Cologne under HRB 126700. VAT identification number pursuant to § 27a UStG: DE462139943. Contact: hello@sacredvalleytech.com (general enquiries); support@sacredvalleytech.com (support and report enquiries).

1.2 These GTC apply exclusively to consumers within the meaning of § 13 of the German Civil Code (BGB), i.e. natural persons using the App for purposes that are predominantly outside their trade, business or profession.

1.3 By registering for the App and confirming these GTC, the User agrees to the following terms. Deviating terms of the User are not recognised.

1.4 The GTC distinguish two contractual levels: (a) the relationship between the User and the Provider (use of the App, subscription, Swap Credits) and (b) the transfer of garments taking place directly between Users. The Provider is not a party to the agreements concluded under (b) (see § 9).

1.5 The separate Privacy Policy, the "Pool Rules" (quality and hygiene standards, prohibited items, handover) and the "Reputation Rules" (recording and display of conduct in the pool) are available in the App and supplement these GTC.

1.6 These GTC govern only the use of the App by consumers. Services of the Provider for fashion brands (in particular the digital product passport and related services) are not the subject of these GTC and are governed by separate agreements.

§ 2 Description of Services

2.1 Sally is an AI-supported shared wardrobe. Users photograph a garment of their own; the artificial intelligence integrated in the App ("Sally") analyses the image, recognises the garment and pre-fills the associated listing (e.g. category, size, material, condition). Sally is an AI in training and may make mistakes. The pre-filled information is therefore a non-binding suggestion that the User must check for accuracy and confirm before publication (§ 7.3).

2.2 The core function is the shared pool: Users place their own garments into the pool, and other Users withdraw garments from the pool. A direct one-for-one swap between two Users is not required. This is managed through Swap Credits (§ 5).

2.3 At the time the contract is concluded, the Service includes in particular:

• AI-supported photo scan and automatic pre-filling of the listing;
• listing one's own garments in the shared pool (earning Swap Credits);
• requesting and withdrawing garments from the pool (using Swap Credits);
• a personal user profile (including an optional profile picture, an optional display of the month of joining and of the following/follower relationships) and clothing profile;
• search for garments and – by username or real name – for other Users; a real name makes a profile findable via people search only if the User publicly enters it in their profile; a User may also set their profile to "private";
• a preference-based filter ("For you");
• an overview of one's own conduct in the pool (reputation overview) and of the Credit history; other Users are shown only the number of garments withdrawn and passed on, of which the number of handovers confirmed as "as described", and the number of missed appointments;
• a help and contact area. Registration is possible by e-mail/password and via the Apple and Google single sign-on procedures (§ 3).

2.4 Garments are handed over in person and locally between the Users involved (§ 8). Shipping is not currently activated and is to be added at a later date; until then the shipping provisions in § 8.5 do not apply.

2.5 The App can be used in a free view; the shared wardrobe and the listed garments are visible. An active, paid subscription (§ 4) is required to request a withdrawal ("swap request") and to list one's own garments. Access usually begins with a free trial period (§ 4.7).

2.6 The AI's analysis and pre-fill results are not legally binding and serve as guidance. The information confirmed by the User is authoritative (§ 7.3).

2.7 The Provider makes the App available as a digital service and does not guarantee uninterrupted, error-free or complete availability.

2.8 Further functions (in particular selling, repairing, donating, upcycling and recycling) are under development and will be added successively. Upon activation they will be governed by supplementary terms. In particular, the "sell" function changes the legal relationship between Users and may trigger additional obligations of the Provider.

2.9 The subscription grants access to the App and to the AI and intermediary functions. The Provider does not guarantee a particular stock or the availability of specific garments in the pool, especially in the immediate vicinity.

2.10 AI transparency: The User interacts with an AI system in the App. The AI "Sally" analyses photos, pre-fills listings and provides recommendations. Content created or pre-filled by the AI is marked in the App as AI-generated. These notices serve to fulfil the transparency obligations under Art. 50 of Regulation (EU) 2024/1689 (AI Act).

2.11 The Provider may further develop, change, restrict or discontinue individual functions of the App, provided the contractually agreed core benefit of the App is preserved. Material changes to the detriment of the User are governed by § 18; the rights under § 17 (warranty and updates) remain unaffected.

§ 3 Registration and User Account

3.1 Use requires registration with truthful and complete information (in particular a valid e-mail address and password). Registration is permitted only to persons of full age (18 years or older); majority is verified on the basis of the date of birth provided at registration. By registering, the User accepts these GTC; the User takes note of the Privacy Policy. Where there are justified doubts about the User's majority, the Provider may request suitable proof of age and suspend the account until the matter is clarified.

3.2 The User must keep their access data confidential and protect it from third-party access. The Provider must be informed without undue delay if misuse is suspected.

3.3 Only one user account per person is permitted. Passing the account to third parties is prohibited.

3.4 The Provider is entitled to block or delete accounts with false or incomplete information.

3.5 Single sign-on: Registration and login are also possible via the "Sign in with Apple" and "Sign in with Google" procedures. The data transmitted by the respective provider (in particular e-mail address and, where released, name) is processed to create the account; details are set out in the Privacy Policy.

3.6 Consents for processing that goes beyond performance of the contract (in particular AI training, processing of precise location, reach measurement, and the display of listings on the website and social-media channels under § 11.3a to § 11.3c) are obtained separately and individually; they are not required to use the core functions and may be withdrawn at any time with effect for the future.

§ 4 Conclusion of Contract, Subscription and Prices

4.1 The usage contract for the App is concluded upon successful registration and confirmation of these GTC. The subscription contract, which opens access to the pool and withdrawal functions, is concluded by expressly booking the plan and confirming the paid order.

4.2 The subscription currently costs €29.90 per year. The price displayed in the App before the contract is concluded is authoritative. All prices stated in the App and on the website are final prices and include statutory VAT. The Provider may offer different plans, terms and payment intervals; the respective current plans, prices and features are published in the App and on the website. § 4.8 applies to changes of existing subscription prices.

4.3 The subscription is initially concluded for one year. After the first year it does not renew for a further year but continues for an indefinite period and can then be terminated at any time subject to a notice period of no more than one month (cf. § 309 No. 9 BGB).

4.4 Billing takes place in advance at the start of each billing period via the payment method chosen by the User, where applicable via the respective app-store operator (Apple App Store or Google Play Store).

4.5 Where payment is made via an app-store operator, its terms of use apply in addition; in the event of payment disputes via the app store, the respective operator is the point of contact.

4.6 In addition to the subscription, the User may purchase additional Swap Credits (§ 5). The purchase of Credits is a separate, chargeable transaction.

4.7 The Provider offers a free trial period, the respectively applicable duration of which is stated in the App (currently 30 days), including Swap Credits at the start (currently 2). If the User does not cancel no later than 24 hours before the end of the trial period, it converts into a paid annual subscription (€29.90) which subsequently renews in accordance with § 4.3. The duration of the trial, the transition, the subsequent price (€29.90 per year), the start of the payment obligation and the possibility of cancellation are clearly indicated before the trial begins; the paid order is placed via a button labelled "order subject to payment" (or equivalent) (§ 312j BGB). The starter Credits are gifted Credits (§ 5.8).

4.8 Price changes: By way of derogation from § 18.3, the following applies to adjustments of subscription prices: The Provider may adjust prices for future billing periods. A price change is communicated to the User in text form at least six weeks before it takes effect and applies at the earliest to the billing period following the communication. The User may cancel the subscription up to the time the change takes effect. If the User does not cancel, the price change is deemed accepted; this is pointed out separately in the communication.

§ 5 Swap Credits

5.1 Swap Credits ("Credits") are an internal balance that cannot be paid out in money and can be used only within the App to withdraw garments from the pool. Credits are not legal tender and not an e-money claim against third parties. The subscription and the purchase of Credits are remuneration for membership and for the Provider's intermediary and AI services, not a purchase price for a garment. No purchase price is paid between Users for the garment itself.

5.2 The User receives a Credit when they have successfully passed on a garment of their own to another User ("earned Credits"). A Credit is used to withdraw a garment from the pool. This means no direct swap between two Users is required. § 5.9 governs when a transfer is deemed successful.

5.3 If the User wishes to withdraw more garments than they list, they may purchase additional Credits in the bundles offered in the App from time to time ("purchased Credits"; currently: 5 Credits for €5.00 and 10 Credits for €10.00, each incl. VAT). A purchased Credit entitles the User to withdraw one garment. The purchase is processed via the respective app-store operator.

5.4 Credits are not transferable to other Users and not tradeable.

5.4a Reserved Credits: As soon as a swap request is accepted, a Credit is reserved ("on hold") for the withdrawing User. A reserved Credit is not available for further requests but is not yet finally used. It is finally used only upon the successful transfer (§ 5.9). If the handover does not take place or the transaction is postponed, the reservation is released and the Credit becomes available again.

5.5 Credits do not expire.

5.6 No pay-out on termination; preservation of Credits: Purchased Credits do not expire (§ 5.5) and remain tied to the user account (the stored e-mail address). If the subscription ends (by cancellation or lapse), there is no claim to a pay-out of the monetary value of unused purchased Credits. The Credits are preserved for the user account and become usable again as soon as an active subscription exists again; the Provider displays existing Credits in the account and reminds the User of them before the subscription lapses. When Credits are used, gifted Credits are consumed first, then earned, and finally purchased Credits. If the User deletes their account, the Credits associated with the account are forfeited without compensation; the User is clearly informed of this before deletion. The statutory right of withdrawal (§ 6) and the refund upon discontinuation of the Service by the Provider (§ 5.7) remain unaffected. The platform function "restore purchases" restores an existing subscription but not Credit balances already used or forfeited after account deletion; the Credit balance is maintained solely on the Provider's servers.

5.7 If the Provider discontinues the Service (§ 15.5), unused purchased Credits are refunded on a pro-rata basis.

5.8 The Provider may grant Credits free of charge (e.g. starter Credits in the trial period, promotional Credits). Such gifted Credits are treated like earned Credits and are not refunded in money.

5.9 Successful transfer and confirmation of receipt: A transfer is deemed successful as soon as the withdrawing User confirms receipt of the garment in the App. Upon confirmation, the original listing photo is shown to them; they indicate whether the item is "as described", "better than described" or "not as described". Upon confirmation of receipt, the Credit is credited to the transferring User and the Credit reserved by the withdrawing User is finally used. If the withdrawing User selects "not as described" but nevertheless accepts the garment, the Credit remains used; the deviation is recorded in the transferring User's reputation (§ 10a) and may trigger a complaint (§ 11.3 of the Pool Rules). If the withdrawing User does not confirm receipt and does not object within three days of the agreed handover, receipt is deemed confirmed as "as described". If, however, the withdrawing User declines the garment already at the handover or the handover does not take place, no Credit is credited and the reservation is released (§ 11.2, § 8.4 of the Pool Rules). The withdrawing User's statutory rights against the transferring User (§ 9) remain unaffected.

§ 6 Right of Withdrawal

6.1 When concluding a contract for digital content or services (subscription, purchase of Credits), consumers generally have a right of withdrawal in accordance with §§ 355 et seq. BGB.

6.2 Early expiry: For digital services and content, the right of withdrawal expires early if the Provider has begun performance and you have expressly consented to performance beginning before the end of the withdrawal period and have confirmed your knowledge that you thereby lose your right of withdrawal. This applies in particular as soon as a purchased Credit has been used for a withdrawal.

6.3 Electronic withdrawal function: The Provider provides a permanently available, prominently placed and easily accessible electronic withdrawal function through which the User can withdraw from the contract directly during the withdrawal period (§ 356a BGB). After the withdrawal is submitted, the Provider confirms its receipt on a durable medium. The withdrawal function is separate from the cancellation button (§ 15.3).

6.4 Processing of refunds: Where the subscription or Credits are purchased via an app-store operator, a timely withdrawal is processed via the operator's refund procedure; the store refunds the price paid to the User and reverses the fees and taxes it withheld. For a direct purchase, the Provider refunds directly. No processing or transaction fees are deducted from the refund amount in the case of withdrawal (§ 357 BGB).

§ 7 Shared Pool and Listing Conditions

7.1 The User may only list garments that they lawfully own and may freely dispose of, that are clean and in the described condition, that are described truthfully and specifically, and that are not on the list of prohibited items (Pool Rules, § 6).

7.2 Any defects, stains or damage must be indicated specifically and concretely. A blanket note (e.g. "may have defects") is not sufficient.

7.3 AI pre-filling and confirmation by the User: Sally pre-fills all information, including condition and any defects. Because Sally is an AI in training and may make mistakes, the User is obliged to check, correct and expressly confirm all pre-filled information – in particular on condition and defects – for accuracy before publication. The listing is published only after this confirmation. By confirming, the User adopts the information as their own; it is deemed to be their own information, and responsibility for its accuracy lies with the User.

7.4 The Provider does not check every garment in advance. It may reject listings, remove garments or restrict listings, in particular in the event of breaches of these GTC or the Pool Rules.

7.5 What happens to garments that are not withdrawn is governed by the Pool Rules.

7.6 The operational details (in particular Credit processing, handover procedure, confirmation of transfer, condition and hygiene standards, and prohibited items) are set out in the separately available, regularly updated Pool Rules. Changes to the Pool Rules that materially affect Users' rights and obligations are made in accordance with the procedure in § 18.

§ 8 Handover and Personal Meetings

8.1 Garments are handed over in person and locally between the transferring and the withdrawing User. The Provider is not present at these meetings and is not a party.

8.2 Scheduling: Users can store their own availability (e.g. time slots), and the withdrawing User can propose a suitable time. Sally merely forwards this information between the Users; no direct chat between Users is provided. Sally does not itself set the place or time of the handover and does not guarantee the handover; the Users agree on place and time on their own responsibility.

8.3 The User is responsible for their own safety when meeting other Users. We recommend holding meetings in public places.

8.4 To the extent legally permissible, the Provider is not liable for losses, damage or impairments arising from communication, from forwarded information (e.g. availability or pickup location), from the interaction or meeting between Users – including events before, during or after a handover. The mandatory exceptions under § 16.3 remain unaffected.

8.5 Shipping (not yet active): As soon as the Provider offers a shipping option, separate provisions on shipping costs, transfer of risk and risk of loss apply in addition. Until activation, only in-person local handover takes place.

§ 9 Legal Relationship for the Transfer of Garments

9.1 The Provider is exclusively an intermediary that operates the pool and brings Users together. It does not buy, sell or own garments, acquires no title to them and is not a party to the transfer taking place between Users.

9.2 Since no direct consideration is exchanged between the transferring and the withdrawing User (the Credits govern only the relationship with the Provider), the transfer is to be classified in law as a gratuitous grant (gift, § 516 BGB) between the Users.

9.3 Consequence for liability for defects: In the case of a gift, the transferring User is generally liable under § 524 BGB only for defects fraudulently concealed. No liability of the transferring User beyond this exists between the Users; the Provider is in any event not liable for the condition, quality, lawfulness or description of a garment.

9.4 In the alternative – should the transfer be assessed as a transaction for consideration – the following applies: the transfer between private individuals (consumers) is made "as described". The condition and defect description checked and confirmed by the transferring User (§ 7.3) is the quality agreed between the Users within the meaning of § 434 BGB. Any liability for defects between the Users beyond this agreed quality is excluded to the extent legally permissible between private individuals; liability for fraudulently concealed defects (§ 444 BGB) and expressly warranted characteristics remains unaffected.

§ 10 User Obligations and Prohibited Content

10.1 The User uses the App exclusively for private, non-commercial purposes.

10.2 In particular, listing or offering the following is prohibited:

• stolen garments or garments not belonging to the User;
• counterfeit branded goods;
• defective or health-endangering items;
• content that violates applicable law (e.g. unlawful, insulting or discriminatory content);
• advertising, spam or commercial offers.

Also prohibited are profile pictures, usernames or real names with unlawful, insulting, discriminatory or deceptive content, as well as impersonating another identity. The Provider may remove the content concerned (§ 7.4).

10.3 Distinction private/commercial: Frequent listing and withdrawal to refresh one's own wardrobe – even on a larger scale – is private use and does not make the User an entrepreneur. If the activity objectively goes beyond private conduct (systematic and sustained), the Provider may reclassify the account, require the fulfilment of entrepreneurial obligations or close the account.

10.4 The User may not use techniques that impair the operation of the App, in particular automated access (bots, scrapers) or malware.

10.5 In the event of breaches, the Provider is entitled to temporarily block or permanently delete the account and to assert damages; the complaint and appeal procedure under § 13 remains unaffected.

10.6 The User shall indemnify the Provider on first demand against justified third-party claims asserted against the Provider due to a culpable infringement of their rights by content listed by the User (in particular photos, usernames or real names), including reasonable costs of legal defence. The indemnity does not apply to the extent the User is not responsible for the infringement; further claims of the Provider remain unaffected.

§ 10a Reputation System

(1) Sally keeps a factual record of each User's conduct in the pool (including garments passed on and withdrawn, confirmed match with the description, handovers that did not take place, and justified complaints). It is a record of actual events, not an opinion-based or star rating. Details are set out in the annex "Reputation Rules".

(2) Certain figures are shown to other Users in reduced form (in particular during scheduling) to enable reliable handovers.

(3) In the case of conspicuous conduct, the scope of use may be restricted ("restricted status"); a suspension or closure of the account takes place only after review by a natural person. The procedure under § 13 is available against restrictive measures.

(4) The Privacy Policy applies to the data-protection treatment (purpose, legal basis, storage period, rights, Art. 22 GDPR).

§ 11 Rights of Use, Intellectual Property and AI Training

11.1 The Provider grants the User, for the duration of the contractual relationship, a non-exclusive, non-transferable, revocable right to use the App privately.

11.2 All rights to the App, the underlying algorithm/model, the design and the trademarks remain with the Provider or the respective rightholders. Reverse engineering, decompilation or circumvention of technical protection measures is prohibited.

11.3 By uploading photos and content, the User grants the Provider a simple (non-exclusive), royalty-free, geographically unrestricted right to use this content for the purpose of providing, operating, analysing and further developing the Service – including training and improving the Provider's AI models. The right of use relating to the listing and the pool ends upon deletion of the content or termination of the account. For training, the Provider uses exclusively anonymised images: without recognisable persons, without metadata (e.g. location/EXIF) and without a link to the user account. Training takes place only on the basis of a separate, granular consent (opt-in/opt-out), which is not a prerequisite for using the core functions of the App.

11.3a Display of listings on the Provider's website: The Provider may display a selection of current listings – consisting of the garment photo and factual information (e.g. category, size, material, coarse region), but without usernames or real names and without precise location data – on its website in order to promote the Service. Only photos without recognisable persons are displayed. If the User withdraws their listing, deletes the photo, withdraws the consent under § 11.3c or closes their account, the display concerned is removed from the website promptly, at the latest at the next daily sync.

11.3b Display on the Provider's social-media channels: The Provider may publish individual garment photos without recognisable persons and without usernames/real names or precise location data on its own social-media channels (e.g. Instagram) as inspiration and to promote the Service. For this purpose the User grants the Provider the non-exclusive, royalty-free right to publish the photo on these channels, including granting the respective platform operator the rights of use required under its terms for publication. Metadata (in particular location/EXIF) is removed before publication. The User is named or tagged only at their separate request. The User is informed that, following publication on a third-party platform, complete removal – in particular of copies, shared content or versions stored by the platform – cannot be guaranteed technically. After withdrawal, retraction of the listing or account deletion, the Provider removes the posts it has published itself promptly.

11.3c Joint consent and withdrawal: The display under § 11.3a and § 11.3b takes place exclusively on the basis of a single, separate consent of the User that can be withdrawn at any time with effect for the future (§ 11.5). This consent is given separately from registration and from the use of the core functions; use of the App does not require it. Withdrawal does not affect the lawfulness of the display carried out up to the point of withdrawal; § 11.3a and § 11.3b apply to the consequences of withdrawal.

11.4 Limit of deletion: Deleting a photo removes it from the listing and the pool. To the extent a model has already been trained with a photo, the training contribution cannot technically be reversed; the already-trained model persists. Since only anonymised, non-personal images are used for training (§ 11.3), this does not affect the User's personal data; the right to erasure (Art. 17 GDPR) regarding the personal source data remains unaffected.

11.5 Use of content for the Provider's advertising or marketing purposes (including the display under § 11.3a and § 11.3b), or any transfer or sublicensing to third parties for such purposes, takes place only on the basis of a separate consent of the User that can be withdrawn at any time.

§ 12 Data Protection

12.1 Personal data is processed in accordance with the GDPR, the German Federal Data Protection Act (BDSG) and other applicable provisions. Details are set out in the separate Privacy Policy.

12.2 Uploaded photos are processed (a) to provide the Service (AI analysis, listing, pool) and (b) to train and improve the Provider's AI models. Processing for (b) takes place exclusively on the basis of anonymised images without personal reference and only with the User's separate consent (opt-in/opt-out).

12.3 If persons may be recognisable in the photos (e.g. the User themselves), possible processing of special categories of personal data (Art. 9 GDPR) must be taken into account; details are set out in the Privacy Policy.

12.4 Transfer to third parties takes place only to the extent necessary for the performance of the contract or where the User has consented.

12.5 For hyperlocal matching, the Provider processes the User's location data (e.g. approximate location or postal-code area) in order to display nearby garments and enable handovers in the vicinity. Details, accuracy and legal basis are set out in the Privacy Policy.

§ 13 Reports, Complaints and Transparency (Digital Services Act)

13.1 If the Provider removes content, restricts a listing or blocks or closes an account due to illegal content or a breach of these GTC, the User concerned may challenge the decision within six months of notification via an internal complaint procedure. The Provider states the reasons for its decision and handles complaints promptly, carefully and without discrimination.

13.2 Reporting illegal content: Any person may report allegedly illegal content or rule violations to the Provider, with sufficient justification, via the reporting function provided in the App or by e-mail to support@sacredvalleytech.com (Art. 16 DSA). The Provider confirms receipt of the report, examines it carefully and non-arbitrarily, and communicates the decision taken. Measures are governed by § 7.4 and § 10.5.

13.3 Transparency of ranking and recommendations: The order in which garments are displayed is determined mainly by the match with the User's stated preferences and size, the distance and the recency of the listing. A User's reputation and Credit balance do not affect the ranking. The Provider explains the main parameters in the App.

§ 14 Environmental Statements

14.1 Sally displays an estimated CO₂ saving for swap transactions. The calculation follows the EU PEFCR method for clothing, taking into account a displacement rate (WRAP 2025), and is based on average and literature values. These are estimates and not a guarantee of a specific result.

14.2 The Provider does not claim that the transfer is "climate-neutral", offsets emissions or goes beyond the stated estimates.

14.3 Environmental advertising statements (e.g. "second life", "sustainable") are used by the Provider only where they are accurate, clear and substantiable; vague or unsubstantiated environmental claims are avoided. The underlying methodology is made publicly available.

14.4 These statements are intended to comply with the requirements of the EU Directive empowering consumers for the green transition (EmpCo, Directive (EU) 2024/825, applicable from 27 September 2026).

§ 15 Term and Termination

15.1 The free usage contract is concluded for an indefinite period and can be terminated at any time by deleting the account.

15.2 The paid subscription can be cancelled via the respective platform (App Store / Play Store) or directly in the App. Within the first year it ends at the end of the annual term, provided cancellation is made at least 24 hours before the renewal date; after the first year it can be cancelled at any time subject to a notice period of no more than one month.

15.3 Where the subscription is concluded directly with the Provider (not via an app-store operator), the Provider provides an easily accessible cancellation button pursuant to § 312k BGB, which leads to a confirmation page and then to a completion button; the Provider confirms receipt of the cancellation on a durable medium. Where the subscription is billed via an app-store operator, cancellation takes place via the subscription management of the respective store; the Provider points this out in the App and links to the management.

15.4 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of repeated and serious breaches of these GTC.

15.5 The Provider may discontinue the Service subject to a notice period of at least four weeks. Already-paid, unused subscription portions and unused purchased Credits (§ 5.7) are refunded on a pro-rata basis.

15.6 After termination, user data is deleted in accordance with the Privacy Policy. Listed garments and listings are removed upon account deletion. Personal account and profile data is deleted without undue delay, at the latest within 30 days. Data subject to statutory retention obligations (in particular invoice and payment records under § 147 AO, § 257 HGB) is stored separately (blocked) from active use for the duration of the retention period and deleted thereafter. On the limit regarding AI training, see § 11.4.

§ 16 Liability

16.1 The Provider is liable without limitation for damage arising from injury to life, body or health and for damage based on intent or gross negligence.

16.2 In the case of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. For slightly negligent breach of other obligations, liability is excluded.

16.3 The above limitations do not apply to the extent mandatory law (in particular the Product Liability Act) prescribes more extensive liability, nor in the case of fraud or warranted characteristics.

16.4 The Provider is not liable for the content of user listings, for the performance of the transfer taking place between Users, or for damage caused by the conduct of other Users.

16.5 The AI's results (recognition, pre-filling, any estimates) do not replace professional advice. Liability for economic disadvantages arising from following such results is excluded only within the scope and limits of § 16.1 to § 16.3; the mandatory exceptions there remain unaffected.

16.6 Claims under Art. 82 GDPR and under mandatory consumer protection law remain unaffected by the above liability provisions.

§ 17 Warranty and Updates

17.1 The statutory warranty rights under §§ 327 et seq. BGB apply to the digital service. The Provider keeps the Service in a contractually compliant state for the duration of the contract.

17.2 During the period relevant under § 327f BGB, the Provider provides the necessary updates (including security updates) and informs about their availability.

17.3 Defects are to be reported to the Provider via support@sacredvalleytech.com; the Provider remedies them within a reasonable period.

§ 18 Amendments to these GTC

18.1 The Provider may amend these GTC with effect for the future to the extent this is necessary for objective reasons (e.g. changed legal situation, new functions, technical developments).

18.2 Amendments are communicated to the User at least six weeks before they take effect, in text form (e.g. by e-mail) or as an in-app notification, with an express reference to the significance of the period and the right of cancellation.

18.3 For material amendments in the Provider's favour (in particular regarding the type and scope of the Service and regarding term and termination), the Provider obtains the User's express consent. Other amendments are deemed approved if the User does not object within four weeks and was informed of this consequence. The deemed-consent applies only to amendments that do not materially shift the balance of performance and consideration and do not unreasonably disadvantage the User. § 4.8 applies to price changes.

18.4 If the User objects in time, both parties are entitled to extraordinary termination.

§ 19 Final Provisions

19.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the User is a consumer resident in another EU member state, mandatory consumer protection provisions of their state of residence remain unaffected.

19.2 The place of jurisdiction for Users without a general place of jurisdiction in Germany or who later move their residence abroad is – to the extent legally permissible – the Provider's registered office. Mandatory rules of jurisdiction in favour of consumers (in particular Art. 17–19 of Regulation (EU) No 1215/2012) remain unaffected.

19.3 The Provider is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board.

19.4 These GTC are provided in a German and an English version. The German version is authoritative; the English version serves solely for information and better understanding. In the event of contradictions or questions of interpretation between the two versions, the German version prevails. Mandatory rights available to the User as a consumer under the law of their state of residence remain unaffected.

19.5 Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected; the statutory provision takes the place of the invalid provisions.

Annex: Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the subscription / the purchase of Swap Credits (*)

Ordered on (*): _______________________________

Name of consumer(s): _______________________________

Address of consumer(s): _______________________________

Signature of consumer(s) (only for notification on paper): _______________________________

Date: _______________________________

(*) Delete as applicable.