Terms of Service

The Platform is operated by Tourbiene GmbH, Friedrichstraße 123, 10117 Berlin, Germany. You can reach us at support@tourbiene.com and for legal matters at legal@tourbiene.com.

By registering for an account or otherwise using the Platform, you confirm that you have read, understood, and accepted these Terms and our Privacy Policy, which is incorporated into these Terms by reference. These Terms form a binding contract between you and Tourbiene.

We may issue supplemental terms for specific features (for example, seller, creator, auction, rental, investment, or advertiser terms). Where supplemental terms apply, they form part of these Terms, and in the event of a conflict for that feature, the supplemental terms prevail.

In these Terms, unless the context requires otherwise:

• "Platform" means the Tourbiene websites, mobile applications, APIs, and related services.
• "User" ("you") means any person who accesses or uses the Platform.
• "Consumer" (Verbraucher, § 13 BGB) means a natural person acting for purposes outside their trade, business, or profession; "Entrepreneur" or "business user" (Unternehmer, § 14 BGB) means a person acting in the course of their trade, business, or profession.
• "Buyer", "Seller" (or "Vendor"), "Creator", "Renter", "Item Owner", "Investor", and "Advertiser" mean users acting in those respective roles.
• "User Content" has the meaning given in the Section on user content and licence.
• "Order" means a contract for a product, rental, auction lot, digital good, investment, or advertising concluded between users through the Platform.
• "Fees" means the amounts payable for paid features, as disclosed to you before you use them.
• "Supplemental Terms" means feature-specific terms that form part of these Terms.

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Platform. By using the Platform you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.

You are responsible for keeping your login credentials confidential and must notify us immediately at support@tourbiene.com of any unauthorised use of your account. Our liability for losses connected with the use of your credentials is governed by, and limited in accordance with, the Section on Limitation of liability; to the extent a loss is caused by your failure to safeguard your credentials and not by a breach of duty on our part, we are not responsible for it.

• You may not create an account using false information or on behalf of someone else without authorisation.
• You may not maintain more than one account without our prior written consent, or create an account if we have previously suspended or banned you.
• We may refuse registration, or suspend or terminate accounts, at our reasonable discretion, in particular to protect the Platform, other users, or to comply with law, and will give you notice and a statement of reasons where legally required.

Tourbiene provides a technology platform that connects buyers, sellers, creators, renters, item owners, investors, businesses, and advertisers. Unless expressly stated in writing, Tourbiene acts solely as an intermediary and venue. We are not the buyer, seller, lender, landlord, broker, dealer, issuer, adviser, or a party to the contracts formed between users.

Contracts for products, rentals, auction lots, digital goods, investments, or advertising are concluded directly between the relevant users. Tourbiene does not manufacture, inspect, store (except as a hosting or logistics service where expressly offered), own, or control the items, content, listings, or opportunities offered by users, and does not guarantee their existence, quality, safety, legality, or accuracy.

No reliance. We do not verify, endorse, guarantee, or assume responsibility for any user, listing, statement, review, or profile, or for the identity, solvency, authenticity, quality, safety, legality, or value of any item, content, or opportunity offered by another user. You deal with other users at your own risk and are responsible for your own enquiries and due diligence; you must not treat our provision of the Platform, our facilitation of a connection or payment, or any ranking, recommendation, or information supplied by another user as advice, a representation, or a warranty by us.

Channelling of claims. To the extent a claim arises solely from the act, omission, content, product, listing, transaction, or conduct of another user or third party — and not from a breach of our own duties — you will pursue that claim against the responsible user or third party and not against us, and you release us from such claims; this does not dispose of any rights you may have directly against that user or third party.

Assumption of risk. You acknowledge that certain uses carry inherent risks for which you are responsible — in particular transacting with users whose identity, solvency, or goods we do not verify; using, handling, transporting, or storing rented or purchased items; meeting other users or transacting off the Platform; and making investments — and that you are responsible for appropriate precautions, including inspection, insurance, and safety measures (relevant, among other things, to § 254 BGB).

Preservation. Nothing in this Section excludes or limits our liability for breach of our own duties, which is governed exclusively by the Section on Limitation of liability, or affects your mandatory statutory rights, including as a consumer.

For each offer we indicate, based on the offeror's declaration, whether that party acts as a trader (Unternehmer) or as a private individual. Where the party offering goods or services is not a trader, the rights of consumers arising from Union consumer-protection law do not apply to your contract with that party.

Unless we state otherwise for a specific transaction, contractual obligations (delivery, warranty, withdrawal, and complaint handling) are owed by the trader offering the goods or services and not by Tourbiene; Tourbiene is responsible only for operating the intermediation platform.

How offers are ranked

Search results, feeds (including shorts), recommendations, and listing placement are ordered by automated systems. The main parameters include your query and stated preferences, relevance to your activity and approximate location, price and availability, the recency and quality of content, and seller or listing performance signals such as ratings, fulfilment and response history, and cancellation rates. Where a listing or advertisement is paid or promoted, we take that into account and identify it as such; paid placement is clearly disclosed. You can influence recommendations through your settings and, where offered, choose a feed not based on profiling. Business users can find further information on the main ranking parameters, their relative importance, and any differentiated treatment in our business-user information (Regulation (EU) 2019/1150).

You agree to use the Platform lawfully and in accordance with these Terms. You must not, and must not permit others to:

• violate any applicable law or regulation, or infringe the rights of any third party, including intellectual property, privacy, or personality rights;
• post or transmit content that is unlawful, defamatory, fraudulent, obscene, hateful, harassing, discriminatory, violent, or that sexualises or endangers minors;
• sell, list, promote, or transfer prohibited, counterfeit, stolen, recalled, unsafe, or illegally supplied goods or services, or anything requiring a licence you do not hold;
• engage in fraud, deceptive practices, price manipulation, shill bidding, fake or incentivised reviews, or manipulation of engagement, rankings, or metrics;
• circumvent, disable, or interfere with security features, fees, or the intended operation of the Platform, or attempt to access accounts, systems, or data without authorisation;
• use bots, scrapers, or automated means to access, harvest, or copy the Platform or its data, except as expressly permitted by us in writing;
• reverse engineer, decompile, or attempt to derive source code, except to the extent such restriction is prohibited by mandatory law;
• distribute malware, spam, or unsolicited communications, or overload, disrupt, or impair the Platform or its infrastructure;
• misrepresent your identity or affiliation, or use the Platform to launder money or finance illegal activity.

Our Prohibited & Restricted Items Policy and our Community and Content Guidelines, each accessible at all times on the Platform and linked at registration and at the point of listing or posting, form part of these Terms and specify in detail what may not be listed, sold, rented, or posted and how you must behave. By listing, selling, renting, or posting, you agree to comply with them; where they conflict with the body of these Terms, the body of these Terms prevails. We may amend these policies with effect for the future in accordance with the Section on Changes to these Terms; changes that merely add examples to, or clarify, existing prohibitions may be made on reasonable notice by publishing the updated policy.

We may investigate suspected violations and cooperate with law enforcement, and may remove content, restrict features, withhold funds pending investigation, and suspend or terminate accounts in response to actual or suspected violations, subject to the moderation and redress procedures set out below.

Once you have connected with another user through the Platform, you must not use messaging, listings, streams, profiles, or any other feature to arrange, solicit, or complete an equivalent transaction outside the Platform in order to avoid fees, identity verification, buyer or renter protection, taxes, or these Terms, nor to divert users to another service for that purpose. You must not share personal contact or payment details for that purpose, or encourage others to do so.

We may detect such conduct, including by automated scanning of listings and messages, and may warn, restrict, suspend, or terminate accounts and cancel affected transactions.

"User Content" means anything you upload, post, stream, or transmit through the Platform, including listings, shorts and other videos, live streams, images, audio, product tags, reviews, comments, questions, messages, and profile information.

You retain ownership of your User Content. By submitting User Content, you grant Tourbiene a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, reproduce, adapt, translate, publish, publicly perform, publicly display, and distribute that User Content for the purposes of operating, providing, and promoting the Platform and our services. The licence is limited to these purposes, and ends when you delete the content, except that we may retain copies in backups and records for a reasonable period and continue to use content already incorporated into promotional material produced before deletion, in each case to the extent permitted by law.

Your content warranties

Each time you submit User Content you represent and warrant that: (a) you own or have secured all rights, licences, consents, and clearances necessary for the content and for our use of it under the licences granted in these Terms, including copyright, neighbouring and performers' rights, design, database, and trade-mark rights, and any collecting-society (for example GEMA) clearances for music; (b) the content infringes or misappropriates no third-party intellectual-property right, trade secret, or confidential information; (c) every identifiable person shown or heard has given the consent required, including under § 22 KUG and general personality rights; (d) the content is not misleading and complies with applicable advertising, competition, and labelling law, and any commercial, sponsored, or paid content is clearly identified as such; (e) the content contains no personal data of third parties that you are not entitled to share; and (f) the content is otherwise lawful and complies with these Terms. These warranties concern matters within your own sphere and do not extend our liability toward you.

Content indemnity. Where you culpably (schuldhaft) breach these warranties or otherwise place infringing or unlawful User Content on the Platform, you will, upon our written request, indemnify Tourbiene and its affiliates, officers, employees, and agents against justified (berechtigte) third-party claims arising from that content, and reimburse the reasonable and necessary costs of legal defence and any reasonable amounts paid in justified settlement or awarded against us, in each case to the extent the claim is attributable to conduct for which you are responsible (zu vertreten). We will notify you without undue delay, give you the opportunity to participate in the defence, and not settle without your consent unless legally required. This does not apply to the extent the claim results from our own conduct and does not affect your mandatory rights as a consumer.

Aggregated and anonymised data. We may create aggregated, anonymised, and de-identified data derived from usage of the Platform and from User Content (for example volumes, trends, and benchmarks), provided it no longer relates to an identified or identifiable person and cannot reasonably be used to re-identify you. Such data is not personal data, and we may use, reproduce, and disclose it for any lawful business purpose — including analytics, research, security, and developing and improving our services — without restriction and without further obligation to you. This right survives the closure of your account.

We are under no general obligation to monitor User Content, but we may review, refuse, remove, or restrict any User Content, in particular where it violates these Terms or the law, in accordance with the moderation and redress procedures below. You are solely responsible for your User Content and its consequences.

The Platform and all associated software, design, text, graphics, logos (including the Tourbiene name and bee logo), trademarks, and other content provided by us are owned by or licensed to Tourbiene and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purposes, subject to these Terms.

You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the Platform or our content except as expressly permitted. All rights not expressly granted are reserved. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

Sellers list products and are solely responsible for their listings, including descriptions, images, pricing, availability, safety, legal compliance, and the fulfilment of orders. A purchase contract is formed directly between the buyer and the seller when an order is accepted; Tourbiene is not a party to it.

Prices are shown in the applicable currency and, where required, include or state applicable taxes. Sellers are responsible for charging, collecting, and remitting any VAT, customs duties, or other taxes on their sales, unless we expressly state that we do so for a particular transaction. Where a price reduction is advertised, the seller is responsible for stating the prior lowest price as required by law (§ 11 PAngV).

Buyers are responsible for reviewing listings before purchasing. Statutory warranty and consumer-protection rights against the seller remain unaffected. Any dispute about a product or order is primarily between the buyer and the seller; we may, but are not obliged to, assist in resolving it.

Ratings and reviews help other users decide. To keep them trustworthy, we take reasonable steps to check that published reviews come from users who actually bought or used the product or service, and we indicate whether and how we verify them.

You must not submit, solicit, buy, sell, or incentivise fake, misleading, or non-genuine reviews or ratings, or review a product or service you have not bought or used, and you must not suppress or manipulate genuine reviews. Sponsored or incentivised content must be clearly identified as such (§ 5a UWG). We may refuse, label, or remove reviews that breach these rules or the law, and may restrict accounts that manipulate reviews, ratings, or engagement.

If you register as a seller, vendor, or creator, you additionally agree that you will provide accurate business and, where required, identity and tax information; comply with all laws applicable to your sales and content, including consumer protection, product safety, labelling, and information duties; are responsible for your own tax obligations; and will honour the listings, prices, and commitments you publish.

Trader identification (Art. 30 DSA)

Before you may offer products or services to consumers on the Platform, you must provide and keep up to date: your name, address, telephone number, and email; a copy of an identification document or electronic identification; your payment-account details; where you are entered in a trade or similar register, the register and your registration number; and a self-certification that you commit to offer only products or services that comply with applicable Union law. We make best efforts to assess whether this information is reliable and complete, and may withhold access to selling features until this is done. If you fail to provide it, or to correct incomplete or inaccurate information without undue delay, we may suspend your access to selling features until you comply.

Product safety (GPSR)

Sellers offering physical products to consumers must comply with Regulation (EU) 2023/988 and applicable product-safety, labelling, and CE-marking law, and must ensure listings contain the required information, including the name, trade name or trade mark and contact details of the manufacturer and, for products from outside the EU, of the responsible person established in the EU, together with any warnings or safety information. Sellers must maintain processes to receive and act on safety and recall notices. Where we receive a recall notice or become aware a product may be unsafe, we may remove the listing, will cooperate with the competent authorities and the EU Safety Gate, and will, where required, notify affected buyers directly. Our contact point for product-safety matters is safety@tourbiene.com.

Lawfulness warranty, indemnity, records and audit

Each time you list, publish, or run an advertisement you warrant that it and its offering on the Platform comply with all applicable law and infringe no third-party rights, and that you hold all rights, licences, and approvals required. Where you culpably (schuldhaft) breach this warranty or your other obligations, you will, upon our written request, indemnify Tourbiene and its affiliates, officers, employees, and agents against justified third-party claims (including justified administrative fines or penalties imposed on us as a result) and reimburse the reasonable and necessary costs of legal defence, in each case to the extent the claim arises from and is attributable to conduct for which you are responsible (zu vertreten), subject to notice and no settlement without your consent unless legally required. This does not apply to the extent the claim results from our own conduct and does not affect your mandatory rights as a consumer.

For as long as required by law, you will keep complete and accurate records of your listings, transactions, tax and, where applicable, product-compliance, safety, and provenance documentation, and, promptly on reasonable request, provide us with information and copies of records reasonably necessary for us to comply with our legal obligations (including trader-identification, tax-transparency, product-safety, DSA, and anti-money-laundering duties), to respond to a competent authority or court, to investigate a substantiated complaint, or to defend a claim. Where we are legally required to verify your compliance, or where there are reasonable grounds to suspect a breach, we (or an independent third party bound by confidentiality) may, on reasonable prior notice, during normal business hours and no more than reasonably necessary, audit the relevant records, respecting your confidentiality and data-protection rights. You will cooperate reasonably; nothing here requires you to disclose information you are legally prohibited from disclosing.

To receive payouts you must onboard with our payment partner (Stripe) and accept the Stripe Connected Account Agreement and Stripe Services Agreement, which govern your payment account in addition to these Terms. We or Stripe may require identity and business verification (KYC) and may impose a rolling or fixed reserve, delay, cap, or hold on payouts where reasonably necessary to cover the risk of refunds, chargebacks, claims, fines, or negative balances, having regard to your transaction and risk history.

You are responsible for refunds and chargebacks on your sales: where a buyer is refunded or a payment is reversed, the corresponding amount plus any applicable fees is deducted from your balance or future payouts, and if your balance is insufficient you must reimburse us on demand. We may set off any amounts you owe us or our payment partner against amounts payable to you and, after reasonable notice, recover a negative balance by any lawful means. Payouts are made on the schedule and above the minimum threshold shown in your account; where currency conversion applies, it is carried out at the rate applied by the payment partner.

The Platform may let you support creators through tips, virtual gifts, or similar features. Tips and virtual gifts are voluntary payments; once sent and received they are non-refundable except where required by mandatory law. Virtual gifts and any in-app tokens are a limited, personal, non-transferable licence to use a digital feature — they are not money, have no cash value outside the Platform, are not redeemable for cash except where we expressly offer creator payouts, and may expire or be discontinued with reasonable notice.

Creator earnings from tips, gifts, or other monetisation are paid out through our payment partner subject to the Section on payouts, applicable fees, identity verification, and tax rules. You are responsible for your own taxes on amounts you receive.

The Platform allows real-time live streaming and live selling. Because live content is broadcast as it happens, you are fully responsible for what you say, show, and sell during a stream. Prohibited conduct applies to live content, and we may interrupt, end, or restrict any stream that violates these Terms or the law.

Purchases made during a live stream are subject to the same marketplace terms as other purchases. Streamers must not make misleading claims about products, prices, or availability.

Where auction features are offered, placing a bid constitutes a binding offer to purchase the lot at the bid price, subject to any stated reserve and to the auction rules displayed for that lot. If you are the winning bidder, you are obliged to complete the purchase.

Bids generally may not be retracted except as permitted by the auction rules or mandatory law. Sellers must not bid on their own lots or engage in shill bidding. We may cancel bids or auctions, or refuse a sale, where we reasonably suspect manipulation, error, or a violation of these Terms.

Rental listings are offered by item owners. A rental agreement is formed directly between the renter and the owner and is subject to the rental terms, period, price tiers, and any deposit shown for the listing. Tourbiene facilitates the connection and payment but is not the owner, lessor, or insurer of rental items.

Renters are responsible for using items with care and returning them on time and in the agreed condition; owners are responsible for the accuracy of listings and the condition and availability of items. Deposits are held and released in accordance with the listing terms; the owner may make a documented claim against a deposit for loss or damage beyond normal wear, and the renter may dispute it. Late fees, damage claims, and disputes are governed by the applicable listing terms and by law between the renter and the owner.

Payments on the Platform are processed by third-party payment service providers, including Stripe. By making or receiving payments, you agree to the applicable payment provider's terms. Tourbiene does not store your full card details; card data is handled by the payment provider in accordance with applicable security standards.

You authorise us and our payment providers to charge your selected payment method for the amounts you agree to, including the price, applicable taxes, shipping, deposits, and fees. You are responsible for any taxes applicable to your transactions except where we expressly state that we collect and remit them. Chargebacks, reversals, and refunds are handled in accordance with the payment provider's rules and applicable law. We may set off amounts you owe us against amounts payable to you, and may withhold or reverse payouts in cases of fraud, dispute, error, or legal requirement.

Changes to features. The Platform and its features are continuously developed. We may modify, further develop, restrict, suspend, or discontinue individual features or the Platform where there is a valid reason — in particular changes in law or case-law, technical or security requirements, discontinuation or change of a third-party service we rely on, lack of economic viability, or improvement or protection of the Platform — provided the change is reasonable for you taking your legitimate interests into account (§ 308 Nr. 4 BGB). We will give reasonable advance notice of material adverse changes to features you actively use, except where an immediate change is required by law or to avert a security or legal risk. Where a change discontinues or materially degrades a paid feature during a period you have already paid for, we will refund the unused portion pro rata or provide a reasonable substitute.

Fees. Use of the Platform is currently free except for fees disclosed to you before you use the relevant paid feature. We may introduce fees for currently-free features and adjust existing fees with effect for the future where there is a valid reason, in particular changes in our costs, taxes, payment-provider or other third-party charges, or the scope of the service. We will notify you in text form at least six (6) weeks before a new or increased fee takes effect. A new or increased fee applies to you only if you continue to use the relevant paid feature after it takes effect; you may decline by ceasing to use, or cancelling, that feature before the effective date, and you will never be charged a fee not shown to you in advance. We will not increase the price of a good or service to be provided within four months of the conclusion of the contract (§ 309 Nr. 1 BGB). Fee changes affecting business users take effect on at least 15 days' notice (Regulation (EU) 2019/1150).

This Section does not permit changes to the main performance obligations (Hauptleistungspflichten) or to the agreed fees for a service already contracted, which are governed by the Section on Changes to these Terms.

As an EU platform operator we are required by law (Directive (EU) 2021/514, "DAC7", implemented in Germany by the Plattformen-Steuertransparenzgesetz, PStTG) to collect, verify, and annually report to the competent tax authority certain information about users who receive consideration through the Platform, including sellers, creators, and item owners.

This information includes your name or business name, primary address, tax identification number(s) and, where applicable, VAT number, date of birth or business registration number, financial-account identifier, and the total consideration paid or credited to you and the number of relevant transactions per quarter. You must provide this information and keep it accurate. If you do not, we are required by law to withhold your payouts and/or close your account after two reminders. We will also provide you with a copy of the information reported about you, as required by law.

Where you buy from a seller in another country, your purchase may be subject to import VAT, customs duties, and other charges, which are your responsibility unless stated otherwise at checkout.

For certain cross-border and imported-goods sales, EU VAT law treats the operator of an electronic interface as a deemed supplier responsible for collecting and remitting the VAT (for example distance sales of goods imported into the EU not exceeding EUR 150, and certain sales by non-EU sellers to EU consumers). Where the deemed-supplier rule applies, we collect and remit that VAT and may use the Import One-Stop Shop (IOSS) or One-Stop Shop (OSS); sellers must provide accurate product, value, and origin information so we can meet these obligations. In all other cases the seller is responsible for the VAT and duties on its sales.

Where you purchase as a consumer within the EU, you may have a statutory right to withdraw from certain distance contracts within 14 days, without giving reasons. For purchases concluded directly with a seller, the right of withdrawal is exercised against that seller, who is responsible for providing the required withdrawal information and refunds.

• The right of withdrawal may not apply to certain goods or services, for example made-to-order items, sealed goods unsealed after delivery for health or hygiene reasons, or digital content whose supply has begun with your prior express consent and acknowledgement that you thereby lose the right of withdrawal.
• Auction purchases, rentals, and investments are subject to their own rules and statutory exceptions.
• Statutory consumer rights, including warranty rights against the seller, remain unaffected by these Terms.

Right of withdrawal for services purchased directly from Tourbiene

Where you purchase a paid service directly from Tourbiene as a consumer (for example paid selling, creator, advertising, premium, or subscription features), you have the right to withdraw within 14 days without giving reasons. The period expires 14 days from conclusion of the contract (services) or from delivery (goods). To withdraw, inform Tourbiene GmbH, Friedrichstraße 123, 10117 Berlin, support@tourbiene.com by an unequivocal statement; you may use the model withdrawal form below but need not. We reimburse all payments received without undue delay and within 14 days of being informed.

Digital content: where supply of digital content or a digital service begins immediately, this happens only with your prior express consent and your acknowledgement that you thereby lose your 14-day right of withdrawal (§ 356(4)/(5) BGB); in that case the right does not apply to that content.

Subscriptions renew automatically for successive periods of the length shown at purchase until cancelled. You may cancel at any time with effect from the end of the current billing period using the clearly labelled cancellation button in your account (§ 312k BGB) or via support@tourbiene.com; cancellation stops future renewals but does not refund the current period unless required by law. We give reasonable advance notice of any price change, and you may cancel before it takes effect.

The Platform may allow businesses to present fundraising pitches and allow eligible users to express interest in or make investments. Tourbiene provides only a technology venue. Tourbiene is not an investment adviser, broker, dealer, bank, or issuer, does not provide investment, legal, tax, or financial advice, and does not recommend or endorse any pitch, business, or investment. Nothing on the Platform constitutes a personal recommendation or an offer or solicitation by Tourbiene.

• Investments in early-stage businesses are highly speculative and illiquid. You may not be able to sell or exit your investment, and you may lose your entire investment.
• Past performance and projections are not reliable indicators of future results. Forward-looking statements by businesses are their own and are not verified by us.
• Your holdings may be diluted by future fundraising, and you may receive no dividends or returns.
• You are solely responsible for conducting your own due diligence and, where appropriate, obtaining independent professional advice before investing.
• Investment opportunities may be restricted to eligible or qualified investors and to certain jurisdictions, and may be subject to investment limits, a knowledge/appropriateness test, identity verification (KYC), and anti-money-laundering checks.

Where the features constitute crowdfunding within the meaning of Regulation (EU) 2020/1503 (ECSPR), applicable investor protections apply, which may include a key investment information sheet (KIIS) prepared by the project owner, an entry knowledge test and simulation of the ability to bear loss for non-sophisticated investors, and a pre-contractual reflection period during which you may withdraw your offer to invest without penalty. Funds you commit to a pitch are collected by our regulated payment partner and are released to the business only if the stated funding conditions are met; otherwise they are returned to you.

To the maximum extent permitted by law, and subject to the Section on Limitation of liability, Tourbiene accepts no responsibility for the performance, conduct, solvency, or legality of any business or pitch, or for the outcome of any investment. The businesses seeking funds are solely responsible for the accuracy and completeness of their disclosures and for compliance with all applicable securities, crowdfunding, and financial-services laws.

If you use our advertising features, you are responsible for the content, legality, and accuracy of your advertisements and for complying with applicable advertising, competition, and consumer-protection laws. We may review, reject, or remove advertisements at our discretion. Advertising is billed as described at the point of purchase. We do not guarantee any particular reach, placement, impressions, clicks, conversions, or results.

Where we operate a buyer, renter, or purchase-protection programme, refund promise, satisfaction guarantee, or similar benefit (a "Protection Programme"), it is a voluntary, non-contractual goodwill service that we may provide at our discretion and free of charge. A Protection Programme is not insurance, not a guarantee (Garantie) within the meaning of § 443 BGB, and not an assumption of the seller's, owner's, or any third party's obligations, and it does not make Tourbiene a party to your contract with another user.

Eligibility, coverage, exclusions, evidence requirements, deadlines, and the claims process are set out in the separate programme rules in force at the relevant time; we decide in reasonable discretion whether those criteria are met, and you have no legal entitlement to a payment or remedy under the programme. We may change, suspend, or discontinue any Protection Programme at any time with effect for the future; this does not affect claims already validly submitted and approved. Your mandatory statutory rights — in particular your warranty and other rights against the seller, owner, or trader, and any statutory right of withdrawal — exist independently of, are not replaced or limited by, and take precedence over any Protection Programme.

Where we act as an obliged entity under applicable anti-money-laundering law, we are required to identify and verify you and any beneficial owner, screen you against sanctions and politically-exposed-person lists, monitor transactions, and, where legally required, report suspicious activity to the competent Financial Intelligence Unit — in which case we may be prohibited by law from informing you. We may refuse, suspend, or terminate services and freeze related funds where necessary to comply with these obligations or applicable sanctions.

Export controls and sanctions: you must comply with all applicable export-control and economic-sanctions laws. You represent that you are not, and are not acting for, a person or territory subject to sanctions, and that you will not use the Platform for any prohibited end-use or for the benefit of a sanctioned party. We may block, refuse, or terminate access to comply with these laws.

Where, to fulfil an order, rental, or booking, we make available to a seller, item owner, or creator the personal data of a buyer or renter that is necessary to perform that contract (for example name, delivery/billing address, and order details), Tourbiene and that party each act as a separate and independent controller in respect of their own processing of that data. They do not act as joint controllers within the meaning of Art. 26 GDPR, and neither acts as a processor for the other under Art. 28 GDPR; each determines the purposes and means of, and is solely responsible for, its own processing.

As a seller, item owner, or creator you must comply with the GDPR, the BDSG, and all applicable data-protection law when processing buyer or renter personal data; process it only to fulfil the transaction and meet your own legal obligations, and not for your own marketing without a valid legal basis or consent; provide your own privacy information; implement appropriate security measures; honour data-subject rights; and notify breaches as required by law. You will indemnify Tourbiene, in accordance with the Section on Indemnification, against claims, fines, and losses arising from your breach of these obligations. As between us, each party bears the liability arising from its own processing, and any internal recourse under Art. 82(5) GDPR is allocated accordingly.

We moderate content using user reports, automated detection tools, and human review, and act in a diligent, objective, and proportionate manner with due regard to the fundamental rights and legitimate interests of all parties.

Reporting illegal content or infringement (notice-and-action)

Any person may notify us of content they consider illegal via the in-Platform reporting tools or legal@tourbiene.com. Please include a substantiated explanation of why the content is illegal, the exact electronic location (for example the URL), your name and email (except for certain offences involving minors), and a good-faith statement. We confirm receipt without undue delay, handle notices in a timely, diligent, non-arbitrary, and objective manner, and notify you of our decision and the available redress.

Statement of reasons and complaints

Where we remove, disable, demote, or restrict your content, suspend monetisation or payouts, or restrict, suspend, or terminate your account on illegality or Terms grounds, we provide a clear statement of reasons stating the action and, where relevant, its scope and duration; the facts relied on; whether automated means were used; the ground; and the redress available. You may challenge such a decision free of charge through our internal complaint-handling system (legal@tourbiene.com) for at least six months after the decision; complaints are reviewed promptly under human supervision, and we reverse unjustified decisions without undue delay. You may also refer the dispute to a certified out-of-court dispute-settlement body, without prejudice to court proceedings.

Points of contact

You may contact us on these Terms, illegal content, and moderation at dsa@tourbiene.com, in German or English, with human involvement. Notices from trusted flaggers are given priority. After a prior warning we may suspend, for a reasonable period, users who frequently provide manifestly illegal content, and the processing of notices or complaints from those who frequently submit manifestly unfounded ones. Where we become aware that an illegal product or service was offered through the Platform, we will, where required, inform affected consumers we can identify (for purchases in the preceding six months) of the illegality, the trader's identity, and available redress.

The Platform integrates and links to third-party services (for example payment, streaming, communications, analytics, and hosting providers) and may display content or links controlled by third parties. We are not responsible for third-party services, content, or websites, and your use of them is subject to their own terms and policies.

We provide the Platform according to the current state of technology and with reasonable care. We do not warrant that the Platform will be uninterrupted, error-free, secure, or available at any particular time, or that it will meet your requirements. We do not endorse or warrant any user, listing, product, rental, or investment opportunity offered by users.

Your statutory rights — in particular statutory warranty rights, including against sellers for goods and services purchased on the Platform — remain unaffected by this Section.

We may make pre-release, beta, trial, or experimental features available. These are provided "as is" and "as available", may be incomplete, and may be changed or withdrawn at any time, and may be subject to additional terms. To the extent permitted by law, our liability for such features is limited in accordance with the Section on limitation of liability, and we give no availability or performance commitment for them.

Unless we expressly agree a service level in writing, we provide the Platform without a guaranteed uptime and may carry out maintenance, updates, and changes; we aim to schedule planned downtime considerately and, where reasonable, to give advance notice.

You may set off against our claims only with counterclaims that are undisputed (unbestritten) or that have been finally and non-appealably established by a court (rechtskräftig festgestellt). You may exercise a right of retention (§ 273 BGB) only with a counterclaim arising from the same contractual relationship. Your defence of non-performance under § 320 BGB, and any right of retention based on that same contractual relationship, remain unaffected; the foregoing restricts only the assertion of retention rights based on other legal relationships.

Nothing in these Terms excludes or limits our liability where it may not be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), under a guarantee we have expressly given, or under the German Product Liability Act (Produkthaftungsgesetz).

Subject to the above, in cases of slight negligence (einfache Fahrlässigkeit) we are liable only for the breach of an essential contractual obligation (a cardinal duty whose fulfilment is essential to the proper performance of the contract and on whose observance you may reasonably rely), and our liability in such cases is limited to the foreseeable damage typical for this type of contract. We are otherwise not liable for slight negligence.

Subject to the two preceding paragraphs, and except in the cases of unlimited liability set out above, we are not liable for indirect or consequential loss, lost profits, lost revenue, or loss of business, and our liability is in every case limited to the foreseeable damage typical for this type of contract. Liability for loss of data is limited to the typical recovery effort had you maintained regular, reasonable back-ups.

Because Tourbiene acts as an intermediary, we are not responsible for the performance of contracts concluded between users, or for the acts, omissions, content, products, or transactions of users or third parties. Any statutory rights you have against the other user remain unaffected.

This Section applies only where you use the Platform as an entrepreneur (Unternehmer, § 14 BGB) and only in addition to, and subject to, the Section on Limitation of liability; it does not apply to consumers.

Liability cap. For liability based on slight negligence, including breach of an essential contractual obligation (cardinal duty), our aggregate liability for all events in a contract year is limited to the total fees you paid us in the twelve (12) months before the event, or EUR 5,000, whichever is higher, and in every case to the damage foreseeable and typical for this type of contract.

Limitation period. Claims against us are time-barred twelve (12) months after the statutory limitation period begins to run. The cap and this shortened period do not apply to liability for intent or gross negligence, for injury to life, body, or health, under an express guarantee, under the Product Liability Act, or for a fraudulently concealed defect; there the statutory rules apply.

Confidentiality and no competing use. You must keep confidential all non-public information about the Platform obtained through your business relationship with us — including non-public features, pricing logic, ranking and fee parameters, APIs, and roadmap information — and use it only to use the Platform for its intended purpose. For the duration of your use of the Platform you must not use the Platform, your access, or any data or materials obtained through it to build, operate, provide services to, or compile competitive benchmarking for a product or service that competes with the Platform, or to systematically extract data to replicate it. This does not prevent you from selling your own goods or services on other channels, and does not restrict conduct that may not lawfully be restricted, including under competition law. The confidentiality obligation survives termination for as long as the information remains non-public; the other restrictions end when your use of the Platform ends.

This Section applies where you use the Platform as a business user offering goods or services to consumers, and implements Regulation (EU) 2019/1150 ("P2B").

• Ranking: the main parameters determining ranking, and their relative importance, are described in the Section on trader status and ranking and in our business-user information.
• Differentiated treatment: where we treat our own or affiliated offers, or particular business users, more favourably (for example in ranking, data access, or fees), we describe that treatment and its main economic, commercial, or legal grounds in our business-user information.
• Data access: we describe in our business-user information what data generated through your use of the Platform you can access, and on what terms.
• Restriction, suspension, termination: we give reasons for restricting, suspending, or terminating a business account as required by P2B and the Section on suspension and termination.
• Complaints and mediation: you may use our internal complaint-handling system, and we identify mediators willing to help resolve disputes out of court in our business-user information; this is without prejudice to your right to bring court proceedings.

Where you culpably (schuldhaft) breach these Terms or applicable law, you will, upon our written request, indemnify Tourbiene and its affiliates, officers, employees, and agents from justified third-party claims and reimburse the reasonable and necessary costs of legal defence, to the extent such claims arise from and are attributable to conduct for which you are responsible (zu vertreten). We will notify you without undue delay, give you the opportunity to participate in the defence, and will not settle without your consent unless legally required. This does not apply to the extent the claim results from our own conduct, and it does not affect your mandatory rights as a consumer. The specific indemnities in the Sections on user content and on sellers apply in addition to this general indemnity.

You may stop using the Platform and close your account at any time. In addition to any right to terminate for cause (§ 314 BGB remains unaffected), either party may terminate the framework contract for use of the Platform (not an individual transaction already concluded) for convenience on reasonable notice; we will give you at least thirty (30) days' notice in text form. Ordinary termination does not affect transactions already concluded, fees already earned, or any paid service during a period you have already paid for, the unused portion of which we will refund pro rata on a termination by us. For business users we state our reasons and observe Regulation (EU) 2019/1150.

We may also suspend, restrict, or terminate your access, remove content, or withhold funds where reasonably necessary, for example if you breach these Terms or the law, or for security, risk, or legal reasons; where legally required, we will give you notice, a statement of reasons, and access to the redress described above.

Dormant accounts. We may close or delete an account inactive — no login and no transaction — for a continuous period of at least twenty-four (24) months, after at least thirty (30) days' prior notice to your registered email and an opportunity to keep the account by logging in. Closure forfeits no credit, balance, or funds: we will pay out or refund any positive balance by lawful means, subject to identity verification and any statutory retention or right of set-off, and we will retain data we are legally required to keep.

Accurate data. You must keep your account information — in particular your name, address, contact details and, where you sell, receive payouts, or invest, your business, tax, banking, and beneficial-ownership information — true, complete, and up to date. If required information is missing, inaccurate, or out of date and you do not correct it within a reasonable period after our request, we may, proportionately, restrict or suspend the affected features, withhold payouts to the extent legally required or reasonably necessary to manage risk, and, where the law so requires or the deficiency is not remedied after two reminders, close the account; any withheld amount to which you are entitled is released once you comply.

On termination, the licences you granted for content already shared or used in promotion, and any provisions which by their nature should survive (including those on content licence, intellectual property, payments already due, disclaimers, liability, indemnification, and governing law), survive.

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Where you use the Platform as a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

Where permitted by law, the exclusive place of jurisdiction for disputes with merchants (Kaufleute), legal entities under public law, or special funds under public law is Berlin, Germany. For consumers, the statutory places of jurisdiction apply.

We are neither obliged nor generally willing to participate in dispute-resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) unless we state otherwise. This does not affect any out-of-court dispute-settlement rights you have under the Section on content moderation and redress.

We may amend these Terms with effect for the future where there is a valid reason to do so, in particular to reflect changes in applicable law or case-law, in technical or operational conditions, or in the scope of our services, or to close a regulatory gap. We will notify you of the proposed changes in text form (for example by email) at least six (6) weeks before they take effect and will present them in a clearly highlighted manner.

The changes are deemed accepted if you do not object in text form before the proposed effective date. In the notification we will specifically draw your attention to your right to object, to the deadline, and to the fact that your silence will be treated as acceptance. If you object in time, the changes do not take effect and the contract continues on the existing terms; each party may then terminate with statutory notice.

This deemed-acceptance mechanism does not apply to changes to the main performance obligations (Hauptleistungspflichten) or to the fees payable by you, which require your express consent, and not within the first four months of the contract. We give business users at least 15 days' prior notice of changes affecting them (Regulation (EU) 2019/1150). Your statutory termination rights remain unaffected.

You agree that we may communicate with you electronically — by email, in-app message, or notice posted on the Platform — and that electronic communications satisfy any legal requirement that a communication be in text or writing, to the extent permitted by law; stricter mandatory form requirements remain unaffected. Legal notices to us must be sent to the addresses in the Section on contact and imprint. You are responsible for keeping your contact details current so our communications reach you.

We aim to make the Platform accessible to people with disabilities and to align, over time, with applicable accessibility requirements, including the European Accessibility Act and its national implementations. If you encounter an accessibility barrier, please contact support@tourbiene.com so we can help and improve.

• Should any provision be or become wholly or partly invalid or unenforceable, the remaining provisions are unaffected. In place of any invalid or unenforceable provision, the applicable statutory provisions apply (§ 306(2) BGB).
• Our failure to enforce any right or provision is not a waiver of it.
• Assignment by you: you may not assign or transfer your contractual position, or your non-monetary rights and obligations under these Terms, to a third party without our prior written consent, which we will not unreasonably withhold where you have a legitimate interest and no overriding interest of ours opposes it. This restriction does not apply to your claims for a monetary payment against us, which remain assignable (§ 308 Nr. 9 BGB; § 354a HGB).
• Assignment by us: we may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, provided your rights are not diminished.
• These Terms, together with any supplemental terms and the Privacy Policy, are the entire agreement between you and us regarding the Platform.
• We are not liable for failure or delay in performance caused by events beyond our reasonable control (force majeure).

Tourbiene GmbH, Friedrichstraße 123, 10117 Berlin, Germany. General enquiries: support@tourbiene.com. Legal notices and illegal-content reports: legal@tourbiene.com. Digital Services Act point of contact: dsa@tourbiene.com. Product safety: safety@tourbiene.com.

Registered in the Commercial Register (Handelsregister) at the Amtsgericht Berlin-Charlottenburg under HRB [REGISTER NUMBER]. VAT identification number (USt-IdNr.): DE[VAT NUMBER]. Managing Director(s): [NAME].