Terms

General Terms and Conditions §1 General information and scope (1) The following terms and conditions (GTC) apply to all legal transactions between Till Stephan, c/o IP-Management #11448, Ludwig-Erhard-Str. 18, 20459 Hamburg (hereinafter the “Provider”), and the customer (hereinafter the “Customer”) concluded via the website https://theviralsource.news. (2) These GTC apply equally to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB, unless expressly provided otherwise. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. (3) Deviating or supplementary terms and conditions of the Customer shall not apply unless the Provider has expressly agreed to them in writing. (4) The contract language is German. The GTC are available on the website in their current version. §2 Subject matter of the contract (1) The subject matter of the contract is digital products as well as services, coaching and consulting offered via the website theviralsource.news. (2) Specifically, there are two interconnected online offerings: B2C – News portal: Free multi-language news service (DE/EN/ES/FR) with editorial articles. Usable in the browser or as a PWA. Optionally, a free reader account with double opt-in newsletter and web push notifications after browser consent. No physical products are offered and there is no shipping. B2C – ShadowFit (browser game at shadowfit.theviralsource.news): Free fitness RPG with optional paid digital content such as virtual currency (Gems), cosmetic auras, starter packs and cosmetic sets (approx. price range €0.99–€149.99). Payment is via Stripe, and digital content is unlocked in the game account immediately. Purchased digital content is non-transferable; there is no real-money trading outside the platform; anti-cheat rules apply. B2B – Advertising: Companies may book paid ad placements and banners on the news portal (self-service or on request); payment via Stripe. The target group is businesses/corporate customers, not end consumers. B2B – Data licence (optional, invitation only): Requests for aggregated data products are processed only for invited business customers. (3) No physical goods, shipping, coaching or consulting for end customers are offered via the website. (4) In particular for ShadowFit digital game content, the user receives only a simple, non-transferable, time-limited right to use the purchased content in the game account in accordance with the game rules. There is no ownership of virtual goods, no real monetary value, and no right to exchange for money. Trading virtual goods or accounts for real money outside the platform is prohibited, as are cheats, bots, automation scripts, modifications and reverse engineering/decompilation, which may result in account suspension. (5) For the news portal, copyright protection applies to the content (texts, images, trademarks). Use is permitted only for personal retrieval; reproduction, scraping or further use without consent is not permitted unless allowed by law. (6) Advertising customers (B2B) receive the booked ad space only for the agreed campaign/term. Sharing of access credentials is not permitted, and advertising materials must be lawful. (7) In addition to standardised online offerings (e.g. ShadowFit in-app purchases at fixed prices, self-service ad bookings with fixed packages), individual service agreements may be concluded: Custom advertising requests (B2B): Companies may submit specific advertising requests (goal, region, budget, term, format). The Provider prepares an individual offer with concrete terms (impressions, price, term); the contract is formed by acceptance of the offer and successful payment. Deviating terms apply only to that campaign and take precedence over the standard GTC in case of conflict. Data licence (B2B, invitation only): For invited business customers, individual offers for aggregated data products may be prepared (scope, purpose of use, term, price); the contract is formed only after written acceptance of the offer and payment. ShadowFit partner campaigns (optional, B2B): Individual cooperations such as sponsored quests or learning partner placements may be agreed on the admin side. (8) For consumers (reader account, free portal, standard in-app purchases), only the general GTC apply; individual agreements primarily concern B2B customers. §3 Conclusion of contract (1) The contract between the Provider and the Customer is concluded by placing an order in the online shop. (2) After submitting the order, the Customer receives an automatic order confirmation by email. This does not yet constitute acceptance of the offer, but serves only as information. (3) The contract is concluded only upon receipt of payment of the full amount. §4 Prices, payment terms and invoicing (1) The prices stated are gross (including VAT). (2) Payment is made via the following payment methods: Credit card (3) Payment is due immediately upon conclusion of the contract. (4) In the event of late payment, statutory default interest pursuant to § 288 BGB applies. §5 Right of retention The Customer may exercise a right of retention only if their counterclaim arises from the same contractual relationship. The statutory right to refuse performance pursuant to § 320 BGB remains unaffected. §6 Delivery and provision of services / transfer of risk (1) Services are provided digitally via access in the customer portal. Digital products are provided via access in the customer account. (2) Services are performed within 14 business days of receipt of payment. Digital products are provided immediately after receipt of payment. (3) Events of force majeure or other unforeseeable, extraordinary and non-attributable circumstances (e.g. natural disasters, pandemics, official orders or technical outages) that materially impede or temporarily prevent performance entitle the Provider to a reasonable extension of the delivery or performance period. (4) The Provider may engage suitable third parties (e.g. vicarious agents or subcontractors) to fulfil contractual obligations, unless legitimate interests of the Customer conflict therewith. (5) If a product or service is no longer available for reasons not attributable to the Provider, the Provider reserves the right to withdraw from the contract. In that case the Customer will be informed without delay and any payment already made will be refunded. (6) Unless expressly agreed otherwise, there is no entitlement to performance by a specific person or at a specific place. §7 Warranty and liability (1) For consumers, the statutory warranty rights pursuant to §§ 437 et seq. BGB apply. For entrepreneurs, the provisions of § 377 HGB apply instead. (2) For services such as coaching, consulting or comparable services, the Provider does not owe a specific success. The Provider undertakes only to perform the agreed services properly on the basis of the information provided. The Provider warrants that digital products are functional at the time of provision. The Customer must report any technical problems without delay. No permanent functional guarantee or compatibility with all systems is assumed. (3) The Customer must notify obvious defects in writing within 30 days of receipt of the goods or performance of the service. (4) The Provider is liable only for intent and gross negligence. Liability for simple negligence is excluded unless essential contractual obligations are breached. §8 Contract term and termination (1) For one-off services or product purchases there is no ongoing contractual commitment. The contractual relationship ends automatically upon complete performance. Termination is not required §9 Data protection (1) The Provider processes customers’ personal data for contract performance and marketing purposes. Processing takes place exclusively within the framework of applicable data protection laws, in particular the General Data Protection Regulation (GDPR). (2) Further information on the processing of personal data is available in the privacy policy on the Provider’s website at: https://theviralsource.news/de/datenschutz §10 Changes to the GTC (1) The Provider reserves the right to amend these GTC at any time to the extent necessary to adapt them to changed legal or economic circumstances. (2) Registered customers will be informed of changes to the GTC by email. (3) The amended GTC take effect immediately upon publication. (4) Changes to the GTC also apply to existing contractual relationships unless they affect essential contractual components. (5) There is no right to object to changes to these GTC. However, the Customer may exercise a special right of termination in the event of changes affecting them. §11 Place of jurisdiction and applicable law (1) The substantive law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). (2) If you are an entrepreneur, our place of business is the place of performance and the place of jurisdiction for all delivery obligations and other contractual obligations of both parties. We reserve the right to assert claims at your place of business as well. §12 Final provisions (1) If any provision of these GTC is or becomes wholly or partly invalid, the validity of the remaining provisions remains unaffected. (2) Amendments and supplements to these GTC require written form. This also applies to any waiver of this written-form requirement. (3) The Customer may not assign claims or rights under this contract to third parties without the Provider’s prior written consent. ___________ Source: Impressum-Privatschutz