Terms and Conditions (T&C) for the carvingkunst.de platform

§ 1 General

(1) These Terms and Conditions (T&C) are the binding rules that apply between MX-Softnet Hard- Software Consulting, owner Dirk Greineisen, Erich-M. Müller Str. 6, 86655 Harburg, phone: 09080921695, e-mail: info@mx-softnet.de (hereinafter referred to as "Platform Operator") and the users (hereinafter "Users") when using the platform www.carvingkunst.de (hereinafter "Platform").

(2) These T&C apply to all Users, regardless of whether they are entrepreneurs or consumers, when using the Platform.

(3) The T&C apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Users shall only become part of the contract if and insofar as the Platform Operator has expressly agreed to their validity. This requirement of consent applies in any case.

(4) The Platform Operator reserves the right to refuse contract conclusion for important reasons. Such reasons may include, in particular, a conflict of interest or other legal or statutory grounds.

§ 2 Description of the Platform

(1) The platform www.carvingkunst.de offers providers such as wood carvers the opportunity to offer and sell their products and services. They can showcase and sell their works. They can also list events and courses. Buyers can view and purchase the offered products and services.

(2) Providers and buyers are, unless otherwise specified below, collectively referred to as "Users" in these T&C.

(3) The Platform enables communication and transactions between Users, whereby responsibility for the offered content and its legal admissibility lies solely with the Users. Communication between Users on the Platform takes place via an internal messaging system. These messages are automatically deleted after 30 days.

(4) Any contracts concluded via the Platform are concluded directly between the providers and the buyers. The Platform Operator is not a contractual party and is not liable for the fulfillment of the contracts or for any damages resulting from the use of the Platform.

(5) The Platform assumes no liability whatsoever for the mediation of products or services of the providers. Responsibility for the offered content and its legal admissibility lies solely with the respective providers.

§ 3 Registration and Process

(1) Registration with a current e-mail address and a personal password is required to use the Platform. Upon registration, the Platform Operator sends a clickable activation link to the e-mail address provided by the User. The Platform can be used after clicking the link.

(2) Registration and use of the Platform is free of charge for all Users.

(3) Each User may create only one user account. Transfer to third parties is not permitted. Users undertake to take the necessary measures to ensure the confidentiality of their account data and password and to keep their password secret. In case of misuse of the account or corresponding suspicion and in case of misuse or loss of the password, this must be reported to the Platform Operator without delay. In such cases, the Platform Operator is entitled to block the account completely or temporarily.

(4) After activation of the Platform, providers can create a provider profile and buyers can create a buyer profile. All Users are obliged to provide complete and truthful information. If Users culpably provide misleading or untrue information, they are liable for damages to the extent that the Platform Operator has suffered damage due to these untrue statements. Users are also obliged to indemnify the Platform Operator against claims by third parties. Further claims, in particular claims for damages by third parties or by potential contractual partners, remain unaffected.

(5) The Platform Operator does not check every profile before its activation. However, the Platform Operator reserves the right to verify individual information, for example by requesting proof from Users. The Platform Operator is entitled to refuse publication of profiles if the respective profile does not correspond to the specialization of the Platform or if the reliability of the information has not been sufficiently proven. This also applies if the content to be published violates legal requirements, official prohibitions, rights of third parties, public morals or these T&C. The Platform Operator assumes no guarantee for the information provided by Users.

(6) After activation of the profile, providers have the opportunity to place advertisements and offer services. Buyers now have access to the provider profile and can accept offers or arrange services. Buyers and providers subsequently have the option to conclude contracts. The Platform Operator is not associated with the offered services or concluded contracts and is not liable for them or for the content and success of the providers' offers.

§ 4 User Profile

(1) When a User registers on the Platform, parts of their information and profile details will be visible to other Users on the Platform.

(2) The profile is only visible to registered Users.

(3) The Platform Operator is entitled to forward personal data in user profiles to other Users if the User has given their consent to this. Personal data is only shared for the purpose specified in the consent.

§ 5 Duration and Termination of the User Contract

(1) The free user contract with the Users can be terminated at any time without giving reasons in text form by both parties.

(2) Any termination must be in text form. The right to extraordinary termination for good cause remains unaffected.

§ 6 End of the User Contract

(1) If the contract is terminated by the User or by the Platform Operator, the personal user data (including name, e-mail, phone number, messages, uploaded files) will be archived by the Platform Operator. At the latest six (6) months after contract termination, the user account will be permanently deleted. This does not apply insofar as the Platform Operator requires the data for the enforcement of claims against Users or if statutory retention obligations exist.

(2) Upon effective termination, the contractual relationship ends and the User can no longer use their access. The Platform Operator reserves the right to block the username and password upon effective termination.

§ 7 Mediation Activity

(1) The Platform Operator does not provide any services of its own. The service on the Platform is purely the mediation of contacts between providers and buyers and the provision of the Platform. The Platform Operator cannot guarantee that providers and their services are actually available to buyers. Users have no entitlement to successful mediation and no entitlement to the provision of a specific number of contract conclusions.

(2) The Platform Operator acts merely as an intermediary and is not responsible for the content of the providers' offers. The Platform Operator assumes no warranty or liability for the accuracy, quality, availability or legal admissibility of the services offered. Each contract is concluded exclusively between the buyer and the respective provider. Any claims arising from or in connection with the offers must be asserted exclusively against the provider.

§ 8 License for User Content

(1) When Users provide content on the Platform, they commission the Platform Operator to store, host and, if agreed, make it accessible to third parties. The Platform Operator uses user content in accordance with the agreement existing between Users and the Platform Operator. By providing their content, Users grant the Platform Operator a non-exclusive, geographically unlimited license for the duration of the agreement to use this content for the purposes of providing the services under the agreement. This includes the right to store, reproduce, format, (technically) edit, transmit, make accessible and analyze and evaluate the content itself or through third parties. The Platform Operator is also entitled to hold the data in a failover system or separate failover data center. To eliminate disruptions, the Platform Operator is also entitled to make changes to the structure of the data or the data format. The Platform Operator will only publish and make accessible to third parties the content uploaded by Users on the Platform to the extent necessary for the contractual purpose.

(2) Users warrant that they have all rights to the content they upload to the Platform or have a license for the content to grant the Platform Operator the rights under this clause.

§ 9 Obligations of the Platform Operator

(1) The services offered by the Platform Operator on the Platform are subject to continuous development, which may change from time to time to a reasonable extent. The Platform Operator reserves the right to temporarily or permanently discontinue the provision of services (or features within the services) for individual or all Users. The Platform Operator will notify Users of changes or restrictions to the services with reasonable advance notice.

(2) The Platform Operator is not liable for data loss due to any technical disruption or discontinuation of services.

(3) The availability of the Platform is 98% on annual average. Excluded are times when the servers are unavailable due to routine and previously announced maintenance work or disruptions beyond the Platform Operator's control.

(4) The Platform Operator strives to keep the software up to date, without however there being any legal entitlement to this. The Platform Operator may restrict or expand the functionality of the Platform at any time.

§ 10 User Obligations

(1) Users are prohibited from using the Platform software and services without the express permission of the Platform Operator for purposes other than their own personal or professional/commercial purposes, in particular not for other commercial purposes:

· to introduce or attempt to introduce viruses, Trojans, worms or other malicious code into the Platform,

· to hack, manipulate or attempt to manipulate the Platform software,

· to use scripts and other automated or semi-automated procedures to use the Platform,

· to circumvent or attempt to circumvent security features of the Platform,

· to rent the user account or otherwise use it commercially, sublicense or otherwise make it available to third parties, unless expressly permitted by the Platform Operator.

(2) The content uploaded by Users on the Platform must not violate applicable copyright law, youth protection law or other legal provisions. In particular, pornographic, violence-glorifying or discriminatory content is strictly prohibited. Furthermore, it is prohibited to upload content that:

· violates the personal rights of third parties,

· is insulting, defamatory or offensive,

· calls for or promotes illegal actions,

· infringes the rights of third parties, in particular trademarks, patents or other protective rights,

· contains misleading or false information.

(3) Providers undertake to comply with all legal regulations, in particular the provisions of copyright law, commercial law and consumer protection law. All services and activities offered or mediated via the Platform must comply with the applicable legal provisions. In particular, it is prohibited to:

· offer or sell works that infringe copyrights,

· offer or sell counterfeit or imitation works,

· make misleading statements about the origin, artist or materials of the works,

· offer or sell works that violate applicable safety and health regulations.

(4) The Platform Operator reserves the right to block Users for violation of these T&C or for important reasons. However, the Platform Operator is not obliged to monitor Users' offers or activities and assumes no liability for any damages caused by the blocking of a User.

§ 11 Liability

(1) The Platform Operator assumes no responsibility for supplied data material, advertising texts or related storage media and is in particular not obliged to keep or return them. Deletion after contract termination takes place in accordance with legal requirements.

(2) The Platform Operator is liable for material or legal defects in accordance with the applicable statutory provisions.

(3) The Platform Operator is liable to Users in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(4) In other cases, the Platform Operator — unless otherwise regulated — is only liable for the breach of a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance Users may regularly rely (so-called cardinal obligation), and only limited to the compensation of foreseeable and typical damage. In all other cases, the liability of the Platform Operator is excluded subject to deviating provisions.

(5) Liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.

(6) The Platform Operator assumes no liability for misleading advertising, the accuracy of the goods offered on the Platform, the correspondence of images with the actual products, incorrect deliveries or payment transactions processed via the Platform. Responsibility for these aspects lies solely with the respective providers offering their products and services on the Platform. Any claims in these areas must be directed directly to the respective provider.

(7) The liability limitations apply accordingly for the benefit of the employees, agents and vicarious agents of the Platform Operator.

§ 12 Copyright

(1) The Platform Operator holds the copyrights to all images, films and texts published by it on the Platform. Use of these images, films and texts is not permitted without the express consent of the Platform Operator.

(2) The copyrights and usage rights to images, films and texts uploaded by the provider to the Platform remain with the provider. However, the provider grants the Platform Operator the right to use, reproduce and publish this content within the scope of the Platform insofar as this is necessary for the operation and promotion of the Platform. Any use beyond this by the Platform Operator requires the express consent of the provider.

§ 13 Data Protection

(1) The Platform Operator may process, store and pass on to third parties the user data that Users upload in their user profile, insofar as this is necessary for the execution of the mediation and as long as it is obliged to retain this data due to legal regulations.

(2) Users can find further information on data protection in the Privacy Policy of the Platform Operator.

§ 14 Final Provisions

(1) The Platform Operator does not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.

(2) The law of the Federal Republic of Germany applies, excluding UN sales law. If the User has placed the order as a consumer and has their habitual residence in another country at the time of ordering, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(3) If the User is a merchant, the exclusive place of jurisdiction is the place of business of the Platform Operator. Otherwise, the applicable statutory provisions apply for local and international jurisdiction.

Version 1.0 of 07.04.2026