General Terms and Conditions of WinTogether GmbH

Subject of the Contract The contracting party uses the software and services of WinTogether GmbH to establish new partnerships. By creating an account, the contracting party agrees to the following terms and conditions. Registration The contracting party provides all required information completely and truthfully. After reviewing the data, WinTogether GmbH decides on account creation. A contract is only concluded upon confirmation of account access. WinTogether GmbH may reject requests without providing a reason. Once the account is activated, the contracting party has access to the contractual scope of WinTogether GmbH. Use is limited to activities aimed at establishing partnerships. The contracting party must provide all information necessary for the partnership and for the payout of kickbacks transparently and completely on the WinTogether GmbH platform. Platform Usage Rights By accepting the WinTogether GmbH T&Cs, the contracting party is granted a simple, non-transferable, and non-exclusive right to use the WinTogether GmbH platform solution for the purposes of this contract. This usage right is limited to the intended purpose according to these terms. All copyrights remain with WinTogether GmbH. The contracting party is not permitted to sublicense the WinTogether GmbH solution to third parties or make their account accessible to third parties. If partnerships involve offers that violate WinTogether GmbH T&Cs or the intended purpose, WinTogether GmbH may block access and further use until the contracting party ensures compliance. If compliance is not achieved within 10 business days, WinTogether GmbH is entitled to remove the respective partnerships from the platform and inform the participants. Rights and Obligations of the Contracting Party The contracting party is responsible for the accuracy and legality of their data. Compliance verification is solely the contracting party's responsibility. Extremist or problematic content is prohibited. The contracting party indemnifies WinTogether GmbH from all third-party claims and bears any legal costs incurred by WinTogether GmbH. Information Obligations Changes affecting partnerships must be promptly communicated to WinTogether GmbH. Rights to Data and Image Material The contracting party grants WinTogether GmbH the right to use all data and information provided for the promotion of partnerships across WinTogether GmbH platforms and communication channels free of charge. WinTogether GmbH Logo Presence The contracting party agrees to display the WinTogether GmbH logo and reference as a project partner in all promotional and partnership-related communications. Termination of Partnerships The contracting party must immediately inform WinTogether GmbH of any impending or actual termination. WinTogether GmbH may charge the contracting party for costs incurred through the posting and termination of partnerships. Contractual Relationship WinTogether GmbH is not a contracting party to club members but acts solely as a service provider for processing and invoicing with the contracting party. All rights and obligations toward club members are the responsibility of the contracting party. WinTogether GmbH cannot be held liable in disputes and is indemnified by the contracting party against all third-party claims. Fees and Billing For services provided by WinTogether GmbH, fees may be charged to the contracting party monthly. VAT and Taxes Billing is in accordance with Swiss VAT regulations. Prices are exclusive of VAT. The contracting party is responsible for correct reporting of income to authorities. Billing Billing occurs as agreed, typically monthly. WinTogether GmbH provides a summary of mediations and transfers the balance to the account specified by the contracting party. Disputes must be raised within two weeks; otherwise, billing is considered accepted. Debtor Losses The risk of unpaid kickbacks lies with the contracting party. WinTogether GmbH is not liable for losses from unpaid company kickbacks. System Access and Login Data Access occurs via standard devices and browsers. The contracting party ensures the necessary technical infrastructure and security measures. Login credentials must be kept confidential. Suspected misuse must be reported immediately. Confidentiality Both parties commit to strict confidentiality of all non-public information, including employees and partners. Partnership Design The contracting party is responsible for designing partnerships within the platform's functional limits. Fees and special services may not be disclosed to third parties. WinTogether GmbH may charge additional fees for special services, communicated in writing before partnership commencement. Customer Data All data collected is handled in accordance with Swiss data protection laws. The contracting party ensures compliance and is liable for any breaches. Hosting and Maintenance WinTogether GmbH ensures smooth operation, reserves the right for maintenance and updates, and may temporarily restrict access. No claims arise for service interruptions. Liability WinTogether GmbH is generally not liable for damages resulting from software use or services, including interruptions or errors. Contract Duration and Termination The contract starts upon account creation. It can be terminated with three months' notice to the end of the contract term. WinTogether GmbH reserves the right to terminate without notice in cases of serious violations. Applicable Law and Jurisdiction Swiss law applies exclusively. Courts in the registered office of WinTogether GmbH have exclusive jurisdiction. Miscellaneous Invalidity of individual provisions does not affect the remaining provisions. Amendments must be in writing. Both parties acknowledge that communication via email is legally valid.