Terms of Use for the My Real ID Platform

A. General section

My Real ID, the brokerage platform, (“MRID-Platform”), accessible under https://www.myrealid.com (collectively referred to as “Website”), is provided to you by My Real ID GmbH (“My Real ID” or “we”). Your use of the MRID Platform is subject to these Terms of Use (“Terms of Use”).

The provisions of this Part A “General section” apply to all users of the Platform using the Platform free of charge. For users using the Platform or services of the Platform for a fee, the “Premium Terms of Use” shall apply. “Terms of Use” are Terms of Use Part A and, if applicable, Part B.

Overview:

A. GENERAL SECTION

1. CONCLUSION OF CONTRACT AND OPERATION OF THE MRID PLATFORM
2. USE OF THE MRID PLATFORM
3. OBLIGATIONS OF THE USER
4. REQUIREMENTS FOR THE SERVICE PROVISION TO BE MET BY THE USER
5. SUPPORT
6. DATA PRIVACY
7. LIABILITY FOR DEFECTS AND DAMAGE
8. TERM AND TERMINATION
9. MISCELLANEOUS

B. "PREMIUM TERMS OF USE"

1. CREDITS
2. USE OF THE PREMIUM SERVICES
3. DATA PRIVACY
4. LIABILITY FOR DEFECTS AND DAMAGES IN CONNECTION WITH THE PREMIUM SERVICES
5. TERM OF THE PREMIUM SERVICES
6. TERMINATION
7. RIGHT OF WITHDRAWAL FOR CONSUMERS

1.Conclusion of contract and operation of the MRID Platform

1.1MRID Platform

The MRID Platform is a special platform for the brokerage of real estate and offers in connection with this. The MRID Platform enables prospective clients and providers to make an easy and quick pre-selection of offers; it helps to save time and to find the right solution. The Platform is also set up so that data privacy and IT security are ensured. Go to https://www.myrealid.com to read more.

1.2Registration

By registering and accepting these Terms of Use on the Website, you (”User” or “you”) and My Real ID conclude a contract for the free use of the MRID Platform subject to the terms and conditions provided in these Terms of Use (“Contract”). Please do not use the MRID Platform, if you do not agree to the Terms of Use.

1.3Registration of legal entities

If the user is a legal entity (in particular a corporation or limited liability company), the acting persons represent and warrant that they are legally permitted to represent the respective legal entity.

1.4Operation and Content

The MRID Platform is operated and made available by My Real ID. The content retrievable on the MRID Platform is posted and provided by the users. My Real ID merely provides the forms and functions required. My Real ID does not have any influence on the completeness, accuracy or the other content of the provided information or content.

2.Use of the MRID Platform

2.1Free use

You are entitled to use the functionalities provided on the MRID Platform during the term of the Contract free of charge and exclusively for the purposes of the MRID Platform, as described in detail in these Terms of Use.

2.2Fee-based use

Several functions and services that we offer on the MRID Platform (e.g. identity verification, credit check, or posting of advertisements) are subject to a fee. In this case, the “Premium Terms of Use” apply in each case (see below) and, if expressly indicated, the Terms of Use of third party providers.

2.3Rights of use

My Real ID grants to you, subject to the provisions of these Terms of Use, the non-exclusive, non-transferable and non-sublicensable right to use the MRID Platform and the content made available on the MRID-Platform for your own purposes to advertise offers or searches and to finally find a contractual partner for a real estate offering during the term of the Contract. This right of use is limited to the use via remote access and the data transfer in and from Germany.

Any further use of the MRID Platform and the content made available on the MRID Platform is not permitted, unless otherwise expressly agreed in the Contract or required by mandatory statutory provisions. These Terms of Use authorize you, by exclusively using the online query forms provided on the MRID Platform, to visualize single data records on your screen and to create printouts. Automated queries are not permitted. Furthermore, you are in particular not permitted to sell, rent, lease, sublicense or otherwise distribute, reproduce, copy, make publicly available, adapt or translate, arrange, reverse engineer or otherwise modify the MRID Platform or content provided on the MRID Platform in whole or in part, or to reproduce the results thus obtained or to use such results in the production of a competing product.

2.4My Real ID does not owe success

My Real ID is neither obliged to provide a matching offer to prospective clients nor to provide matching prospective clients to the relevant Providers.

3.Obligations of the user

3.1User content

Unless otherwise expressly provided in these Terms of Use, any information, images, files and other content (”User Content“) that you post to the MRID Platform or incorporate from third party providers:

• must be expressed solely in an appropriate, open, but at the same time respectful manner,
• must neither defame, disparage, threaten, harass or pester other persons nor contain any personal data of third parties (e.g. names or email addresses),
• must not infringe intellectual property rights of third parties, such as copyrights, trademark rights, name right, or other protected rights,
• must not be misused for spam, advertising of any kind or other commercial interests or for calls for political protests.

3.2Prohibition of illegal content

You are not authorized to upload illegal, more specifically, criminal, pornographic, defamatory or slanderous content, or content such as viruses, trojans and malware, to the platform.

3.3Random checks by My Real ID

My Real ID reserves the right to check posted content at a random basis and to delete content where appropriate. For organizational reasons it is not possible for My Real ID to check all User Content.

3.4Granting of rights to User Content

You hereby grant My Real ID the non-exclusive global right of any kind, expiring one calendar year from the end of term of the Contract.

(i) to the User Content that is intended to be used the MRID Platform, including information in your self-disclosure, profile pictures and copies and scans of documents, which will be used to provide you with the MRID Platform and the My Real ID services.This includes, but is not limited to, the right to copy, convert, reproduce, distribute, make available to Users on the MRID Platform, to modify User Content – provided that such modifications do not divert the User Content from its intended use or falsify the User Content – and to copy, convert, reproduce and distribute User content; and

(ii) to the User Content that is intended to be used otherwise than on the MRID Platform – including for posting advertisements, photos of real estate, and text for advertisements in relation to real estate – in order to provide the MRID Platform and the My Real ID services for you. This includes the use of User Content on third party platforms or for marketing purposes, online and offline, on the MRID Platform and on the platforms of cooperation partners.

My Real ID hereby accepts the grant of these rights. The User is responsible that the User Content is granted free of third party rights and that the rights of third partie do not prevent the use of User Content by My Real ID.

The user is aware that User Content may be shared, with other Users on the MRID Platform, or in the event of (ii) above, with third parties’ platforms. Upon termination of the Contract, My Real ID will no longer have control of User content. My Real ID will not sell your data and will not use it for marketing purposes other than in relation to your use of the My Real ID services.

3.5Special User obligations

When using the MRID Platform, you are obliged to:

(i) protect your access and authorization details to the Platform as well as your identification and authentication safeguards from the access by third parties and not pass on these details and safeguards to third parties;

(ii) choose a secure password for your MRID account, keep it safe and change it on a regular basis, and comply with our requests and advices relating to IT security;

(iii) refrain from misusing the MRID Platform;

(iv) refrain from attempting to retrieve information or User Content without authority or from attempting to manipulate or permit third parties to manipulate the MRID Platform, or from attempting to intrude into My Real ID or the subcontractors contracted by My Real ID;

(v) backup your User Content uploaded to the MRID Platform on a regular basis and adequately, but in any case prior to the termination of the Contract, and create own backup copies in order to ensure that any lost User Content can be restored;

(vi) scan User Content for viruses before sending or uploading the content to the Platform and use state-of-the-art anti-virus programs;

(vii) refrain from uploading User Content that (a) is not relevant to the purpose pursued by the MRID Platform or (b) does not match the relevant field functions;

(viii) upload User Content that contains personal data relating to third parties only if this content is relevant and if you have informed the affected third parties hereof in advance.

3.6Duties regarding information in the self-disclosure; information from or about third parties

The prospective client is obliged:

(i) to verify before submitting an offer or before sending the self-disclosure to a Provider whether he/she is able to fulfill all material obligations arising from the planned rental or purchase agreement. Material obligations for this purpose means the payment obligations as well as the obligations to protect the interests of the landlord / contracting party. By submitting an offer or by sending the self-disclosure, the prospective client declares that he/she has no reason to believe at the time of the declaration that he/she will not be able to fulfill the said material contractual obligations;

(ii) to provide all information on the MRID Platform truthfully and in particular not to provide false information as part of the self-disclosure. The prospective client is expressly notified that false information may result in the immediate termination or cancellation of the Contract (in particular of the rental agreement) brought about via the MRID Platform. A duty to ensure completeness of information exists only if incomplete information cause the information to be false. Otherwise, incomplete information can lead to disadvantages in the further application process;

(iii) before entering personal data of third parties on the MRID Platform (in particular relating to former or current landlords) to inform those third parties about the intended entry of their personal data and the purposes of the data processing as well as to obtain any required consent of those third parties to the processing of their personal data. This consent must also cover the permission to directly contact the third party where the personal data is to be used for establishing contacts in order to verify and supplement the information provided by the prospective clients.

3.7Special provider obligations

The Provider is:

(i) entitled to use the self-disclosures received from prospective clients only in the course of the selection of prospective clients for the offered real estate and an associated creation of the real estate agreement. Providers are not entitled to process, use or share the self-disclosures for any other purpose;

(ii) obliged to delete the received self-disclosures and to destroy all copies and printouts of the self-disclosures without delay as soon as the relevant self-disclosure is no longer needed, e.g. after the decision against a prospective client or after the end of the Contract, once archiving obligations have expired;

(iii) obliged to comply with applicable data protection law when choosing the fields queried by the prospective clients for the self-disclosure (e.g. “minimal requirements” or “suggested data”) and when further processing and using the information received by prospective clients; we notify providers that they are data controller in the meaning of the data protection law in this regard;

(iv) obliged to refrain from querying any credit rating information about a prospective client from credit bureaus (e.g. Arvato, Creditreform) or directly from the prospective client, unless the conclusion of the agreement merely depends on the credit rating of the prospective client. The obligation provided in this Clause 3.7 (iv) does not apply to the extent that the prospective client submits the corresponding information voluntarily and without a request by the Provider;

(v) obliged not to violate any third party provider platform’s general terms and conditions, terms of use or other applicable conditions, in particular not to carry out any prohibited activities;

(vi) obliged to fulfill all legal information obligations that fall to the provider, in particular a legal notice on the provider’s website;

(vii) obliged, if it integrates User Content from a third party provider platform, only to integrate its own content, regardless of the form in which the User Content is integrated; and

(viii) obliged, insofar as it is necessary for My Real ID to perform its services, to provide My Real ID with account or login details to its own user accounts on third party provider platforms.

3.8Information obligations

Providers who use the MRID Platform for the purpose of offering commercial real estate shall be solely and exclusively responsible for fulfilling all statutory obligations to provide information to the prospective clients in a comprehensive and timely manner as required under applicable law. The MRID Platform offers sufficient technical capabilities to support providers in this respect.

3.9Non-compliance with the Terms of Use

If we have reasonable cause to believe that you do not comply with the Terms of Use, we reserve the right to suspend your access to the MRID Platform and the content posted by you until you have remedied the breach and – in the case of a repeated or irreparable breach – to terminate the Contract with you with immediate effect.

4.Requirements for the service provision to be met by the user

4.1Required IT

The MRID Platform can be accessed via means of telecommunication. The requirements for the use of the Platform include:

• internet access;
• PC, notebook, smartphone or tablet PC;
• web browser;
• activating cookies and JavaScript;

in each case according to the current state of technology.

4.2Provision of the required IT

You are fully responsible to provide for the IT as per Clause 4.1 as well as the required telecommunications services, including the transmission services from the service interface to the devices used by you, and all other technical equipment and resources used by you.

4.3Minimum requirements for the registration

You can only register on the MRID Platform if you are of legal age (18 years or older). Every person may register as a prospective client only once.

The following information is required to complete registration as a ("prospective client"): last name, first name, date of birth, gender, email address.

The following information is required to complete registration as a ("provider"): last name, first name, contact person’s email address and company name and address (street, house number, postal code, city, and country) and, if you pay to use My Real ID, your payment information.

5.Support

My Real ID provides the following support services which you may use: Receipt of reports regarding faults or failures via support@myrealid.com.

6.Data privacy

The Privacy Policy, available at https://www.myrealid.com/privacy-policy informs you about how your personal data is collected, processed and used by us and how cookies are used by us as part of your use of the MRID Platform. We are the data controller for registration details and user data (e.g. your user name and password and when you log in).

We host all content for you that you upload, enter, or share on the platform as a prospective client or a provider (e.g. communication with other users). We process this content as commissioned data processors exclusively upon your request. If you use the platform commercially (not as a private person for your own property) and wish to conclude a data processing agreement, we will conclude such an agreement with you. You can make a separate request for this by emailing datenschutz@myrealid.com.

7.Liability for defects and damage

7.1Quality standard

My Real ID strives to perform the services under these Terms of Use without errors and without interruptions. However, a faultless and uninterrupted service cannot always be guaranteed. In the event of faults or interruptions in services or other deteriorations in quality, My Real ID shall restore normal operation as soon as possible.

7.2Accuracy of exposés or self-disclosures

We bring together prospective clients and providers, who each are responsible for the User Content they post. We do not check this content and also cannot influence this content. Therefore, My Real ID is not responsible for the accuracy of the exposés, self-disclosures and other User Content.

7.3Limitation of liability for damages

My Real ID shall only be liable for damage caused by or in connection with the MRID Platform for intent or gross negligence, regardless of the legal basis of the claim. Any further liability shall be excluded.

7.4No limitation of mandatory liability

The liability for damages caused by My Real ID under mandatory statutory provisions, e.g. the Federal Product Liability Act (Produkthaftungsgesetz), remains unaffected. All other liability of My Real ID shall be excluded in all other respects.

8.Term and termination

8.1Unlimited term and termination for convenience

The Contract may be terminated by you at any time without giving any reason in writing or by email or via the “Delete” button on your MRID Account.

Upon termination of the Contract, your account will be deactivated and your self-disclosure or your offer will be removed from the MRID Platform. We will continue to store and process User Content only if and to the extent to which this is required for archiving purposes prescribed by law. It is your own responsibility to make any backups of your Platform contents in due time before the end of the Contract.

8.2Termination for cause

The right to terminate the Contract for cause and termination pursuant to Clause 3.7 above shall not be affected.

9.Miscellaneous

9.1Choice of law

These Terms of Use are subject to German law, excluding its conflict of laws principles and the UN Convention on contracts for the International Sale of Goods (CISG).

9.2Reservation of changes

We may amend these Terms of Use at any time. However, in the case of an amendment to your detriment, we will advise you of such amendment in advance by sending an email or by applying a clearly highlighted notice on the MRID Platform. You may then object to this amendment by sending an email to support@myrealid.com or a letter to My Real ID within thirty (30) days of receipt of the notice of change. If you fail to object in due time or continue to use the MRID Platform after receipt of the notice of change, the amended provisions shall be deemed to be accepted. You will be informed about this legal consequence separately in the notice of change.

9.3Severability clause

Should single or several provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Use. In such an event, the Parties shall replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the economic intention of the parties. The same applies to any contractual loopholes in these Terms of Use.

B."PREMIUM” TERMS OF USE

The “Premium” Terms of Use apply in addition to the general Terms of Use if prospective clients or providers use Premium Services on the MRID Platform. “Premium Services” are all services of My Real ID that you use in exchange for a fee, e.g. activate offers, ID verification or getting credit reports.

The Premium Services that providers use are intended to be permanent but can be flexibly chosen. To simplify payment or use, we have introduced a credit system for payment of Premium Services for providers. Prospective clients may use any common payment method.

The following clauses of the “Premium” Terms of Use do not apply to prospective clients using the Premium Services: Clause 1, Clause 2.4 and Clause 2.5.

1.Credits

You can pay for certain services on the Platform with My Real ID “Credits”. In this case the following shall apply:

1.1Use of Credits

Credits are electronic coupons that are issued by My Real ID for the purchase of Premium Services. Credits can be purchased in different packages, as described under https://www.myrealid.com/costoverview. Credits can only be used for payment on the MRID Platform and only for the purchase of Premium Services. Credits always have the same value, irrespective of whether they were purchased or were obtained as additional credits free of charge. Credits may be used for the purchases described below.

1.2Purchase of Credits

We offer different package sizes of Credits which can be purchased under https://www.myrealid.com/costoverview ("Our Credit Packages") after the Package and the payment method has been selected. It is also possible to set up an automatic purchase of credits. Once you have activated automatic payment, then the number of credits indicated will automatically be credited to your account and payment will be initiated according to Clause 1.3 of the Terms of Use. You can deactivate automatic payment for the future at any time on your account.

You are given the opportunity to review and, if necessary, change your order, before the purchase of the Credits. By sending the order, which is done by clicking on the “Order with costs” button, you submit a binding offer to purchase the Credits. It is only when we confirm your offer that a contract for the purchase of the respective Package is concluded.

The purchased Credits shall be credited to your MRID Account for you to use under the condition of payment in full. It is possible that we, depending on the selected Package, credit a specific number of additional Credits to your MRID Account free of charge. You are entitled to additional Credits only if the additional Credits are expressly included in the respective Package.

We shall store the terms of the Contract applicable to your order, i.e. the data of your order and these Terms of Use in the version of the day of the order. The data of your order and the invoice shall be sent to you in our confirmation by email. You may retrace your orders in your Account at any time.

1.3Due date and payment of Credits

Unless otherwise stated, Credits shall be due for payment by the User immediately after confirmation of the order.

Several methods of payment, which are described during the ordering process, are available to you for the purchase of Credits. You may not be able to use all those methods of payment. Depending on the selected method of payment, the payment process may take some time. You may view your current MRID Credits in your Account on the Platform. Please note that due to technical circumstances the display of any Credit transitions may have a slight delay.

1.4Default of payment / deduction of Credits / transfer of costs

My Real ID may deduct the Credits from your Account without the requirement of setting a particular deadline or sending a reminder or notification, if (i) the payment for the Credits has not been received in time or (ii) a payment for the Credits already made is subsequently cancelled or revoked. The deduction of the Credits also includes Credits credited to your Account free of charge. Where Credits have already been used up at the time of the deduction, the User is obliged to compensate My Real ID for the value of these Credits, unless such compensation is excluded by law. This value corresponds (proportionately, where applicable) to the agreed price for the Credits.

Moreover, you are obliged to reimburse the costs incurred by us due to the cancellation or chargeback of a payment already made, where you are responsible for such costs (fees charged by banks, etc.).

1.5Validity of credits / transfer

Credits have a period of validity of three (3) years beginning with the end of the calendar year in which you purchased the Credits. During this period, the Credits may be used for the purchase of Premium Services. The Credits will expire after this period. The transfer of the Credits to other Users shall be subject to the consent of My Real ID.

1.6No refund / expiration of credits

Users are not entitled to any claim where My Real ID decides to exchange or buy back any purchased Credits. Where Credits have expired, Users are not entitled to claim a refund equal to the expired amount. This does not affect any statutory claims for reimbursement, such as a right of withdrawal.

Credits may be used for the purchase of Premium Services until the last day of the term of the Premium Contract. Upon termination of the Contract all Credits will expire on the last day of the term of the Contract. We will inform you about this fact once again separately in the confirmation of termination.

1.7Payment with Credits

The Credits may be used for payment of Premium Services on the MRID Platform. When a Premium Service is paid using Credits, the oldest Credits in the User’s Account will be used first.

2.Use of the Premium Services

2.1Premium Services

Premium Services on the MRID Platform enable Users to make use of the full potential of the MRID Platform, e.g. to activate offers and to make a more targeted selection within the MRID Platform or to verify information as prospective clients.

2.2Fee-based use of Premium Services

Premium Services may be used by you only if a Contract has been concluded. The use of the Premium Services is subject to a fee. Clause 2.1 of the General Section of the Terms of Use does not apply to Premium Services.

The scope of the Premium Service and the amount of fees for the applicable Premium Service is stated in the description of the applicable Premium Service under https://www.myrealid.com/landlord or at the place on the MRID Platform where you can purchase the respective premium service.

If you use the MRID Platform as a provider, you may pay for the Premium Services (only with Credits). If you use the MRID Platform as a prospective client, you can pay for the Premium Services (only with the payment methods offered (PayPal or credit card)).

After selecting the Premium Service you are given the opportunity to review and, if necessary, change your order. By sending the order, which is done by clicking on the “Order with costs” button you submit a binding offer to utilize the Premium Service. It is only when we confirm your offer that a Premium Contract for the use of the Premium Service is concluded.

The Premium Services can be used on condition that sufficient Credits are available or that there is sufficient coverage for the payment method selected. We shall store the terms of the Premium Contract applicable to your order, i.e. the details of your order and the present Terms of Use and Premium Terms of Use. The details of your order and the invoice shall be sent to you in our confirmation by email. You may retrace your orders in your Account at any time.

2.3Payment of Premium Services

2.3.1Prospective Clients

Unless otherwise stated, Premium Services shall be due for payment by the User immediately after confirmation of the order. Multiple methods of payment may be available to you. Those are described in the ordering process.

2.3.2Provider

The number of Credits required for the use of the Premium Services according to the Product Description shall be deducted from your MRID Account after the conclusion of the Premium Contract. Where a periodic direct debiting of Credits (e.g. monthly payment) has been agreed for the use of a Premium Service, the Premium Service can be used only if sufficient Credits are available at every time of direct debiting. We will inform you before the next payment interval, if your remaining Credits are not sufficient.

2.4Default of payment

My Real ID may suspend the provision of the Premium Services if there are not sufficient Credits available in the User’s Account or Credits are deducted subsequently (see Clause 1.4 above). The Premium Services shall be continued if the User purchases sufficient Credits within a period set by us. If the set period expires, My Real ID may block the user from the Premium Service and revoke the Premium Contract.

2.5Right to use Premium Services

If you have purchased Premium Services, My Real ID grants you, subject to the provisions of these Premium Terms of Use, the non-exclusive, non-transferable and non-sublicensable right to use the Premium Services on the MRID Platform during the period of the Premium Contract for the respective Premium Services for your own purposes to advertise real estate offers or searches. This right of use is limited to the use via remote access and the data transfer in and from Germany.

Any further use of the Premium Services and their associated services is not permitted, unless expressly agreed in the Premium Contract or required by mandatory statutory provisions. These Terms of Use authorize you, exclusively through using the MRID Platform, to use the functions as contained in the description of the respective Premium Service in addition to the standard functions provided on the MRID Platform. You are not permitted to sell, rent, lease, sublicense or otherwise distribute, reproduce, copy, make publicly available, adapt or translate, arrange, reverse engineer or otherwise modify the services provided by the Premium Services or associated contents and information in whole or in part, or to reproduce the results thus obtained or to use such results in the production of a competing product.

2.6Non-compliance with the Premium Terms of Use

If we have reasonable cause to believe that you are not complying with the Premium Terms of Use, we reserve the right to suspend your access to the MRID Platform and the content posted by you until you have remedied the breach and – in the case of a repeated or irreparable breach – to terminate the entire Contract with you, including any Premium Services, with immediate effect. In this event, your Credits shall be forfeited in full amount.

3.Data privacy

The Privacy Policy, available at https://www.myrealid.com/landlord/privacy-policy, informs you on how your personal data is collected, processed and used by us and how cookies are used by us as part of your use of the Premium Services.

4.Liability for defects and damages in connection with the Premium Services

4.1Scope

This Clause 4 of the Premium Terms of Use (Part B) applies instead of Clause 7 of the General Section (Part A) of the Terms of Use if and to the extent that Premium Services are concerned.

4.2Limitation of liability for damages

My Real ID shall be liable for damages arising from and in connection with the Premium Services culpably caused by My Real ID.

The liability for damages My Real ID, regardless of the legal basis of the claim, caused by the breach of material obligations under the Premium Contract shall be limited in case of ordinary negligence to the amount of the foreseeable damage typical for this kind of contract. Any further liability for slight negligence shall be excluded. Material obligations under the Premium Contract means obligations, the fulfillment of which is essential for the proper provision of the Premium Services and compliance upon which the User may normally rely.

In the event of damage arising from and in connection with Premium Services, Clause 7.3 of the General Section of the Terms of Use shall not be applicable.

4.3No limitation of mandatory liability

The limitation of liability pursuant to Clause 4.2 above does not apply to cases of mandatory statutory liability (in particular under the Product Liability Act (Produkthaftungsgesetz)) and in cases of personal injuriy caused by negligence. Moreover, the limitation of liability does not apply, if and to the extent that My Real ID has given a warranty.

4.4Claims in the case of defects

The User can claim statutory rights in case of defects.

5.Term of the Premium Services

5.1Initial term for Premium Services

The term for Premium Services purchased by prospective clients begins with placement of the order of the Premium Service until the complete fulfillment by My Real ID.

5.2Initial term for Premium Services for Providers

The Premium Services have an indefinite term. The minimum term either is the initial term as provided in the applicable Product Description or, if the Product Description does not provide an initial term, six (6) months from the confirmation of the order of the applicable Premium Service (”Initial Term”).

5.3Renewal term

If the Premium Service is not terminated in a timely manner (cf. Clause 6 below) before the end of the Initial Term or a renewal term, the Premium Contract shall be renewed by a period equal to the length of the Initial Term. A Fixed Term can be extended only if expressly requested by the User.

6.Termination

The following provisions apply to the termination of your Premium Services. The term and termination of the underlying Contract with us are governed by Clause 8 of the General Section of the Terms of Use. Termination for convenience of the Contract under Clause 8 of the General Section of the Terms of Use shall also constitute termination for convenience of all Premium Services and shall be effective upon the expiration of the term of the last Premium Service.

6.1Termination for convenience

Premium Services may be terminated by you, without giving any reason, in writing or by email or via the “Delete” button in your Account subject to the following periods of notice:

(i) Initial Term of up to 5 calendar days: twelve (12) hours before the expiry of the term;

(ii) Initial Term of more than 5 calendar days and less than 30 calendar days: three (3) calendar days before the expiry of the term;

(iii)Initial Term of 30 or more calendar days: fourteen (14) calendar days before the expiry of the term.

6.1.2. Premium Services according to Clause 5.1 of these Premium Terms of Use may only be terminated for cause.

6.2Termination for cause

The right to terminate the Contract for cause under Clause 2.6 of these Premium Terms of Use and under Clause 8.2 of the General Section as well as the statutory rights to terminate the Contract for cause shall not be affected.

6.3Effect of a termination

Please note that Clause 1.6 of the Premium Terms of Use provides that all Credits will be forfeited after the end of the Contract.

Upon termination of the Contract, your MRID Account will be deleted and your self-disclosure or your offer will be removed from the MRID Platform. We will continue to store and process User Content only if and to the extent to which this is required for archiving purposes prescribed by law. It is your own responsibility to make any backups of your Platform contents in due time before the end of the Contract.

6.4Discontinuation of the MRID Platform

We are entitled to discontinue the operation of the MRID Platform at any time. We will inform the Users about this in good time with a notice period of six (6) months. This notice period does not apply, when there are reasons which force us to instantly close the business.

6.5Severability clause

Should single or several provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Use. In such an event, the Parties shall replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the economic intention of the parties. The same applies to any contractual loopholes in these Terms of Use.

7.Right of Withdrawal for Consumers

Provided that you do not use the MRID Platform and the Premium Services for commercial purpose, i.e. if you are a consumer within the meaning of Section 13 BGB (German Civil Code), you are entitled to withdraw the Contract as described below.

7.1For Services

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the Contract

To exercise the right of withdrawal, you must inform us

My Real ID GmbH

Berg-am-Laim-Straße 75a

81673 München

Germany

089 / 215 45 70-0

widerruf@myrealid.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated with us your withdrawal from this contract, in comparison with the full coverage of the contract.

7.2For Digital Contents

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the Contract.

To exercise the right of withdrawal, you must inform us

My Real ID GmbH

Berg-am-Laim-Straße 75a

81673 München

Germany

089 / 215 45 70-0

widerruf@myrealid.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

7.3Expiry of right to withdraw

For an agreement to deliver services, the right to withdraw shall expire when we have provided the full service and did not start carrying out the service before you have given your express consent and also acknowledged that you will lose your right to withdraw upon complete contract fulfillment by My Real ID.

For an agreement on delivery of digital contents not on a tangible medium, the right to withdraw shall expire also once we have started to carry out the agreement, after you have given your express consent and acknowledged that you will lose your right to withdraw once we start carrying out the performance under the agreement.

7.4Model withdrawal form

Model withdrawal form

---

Last amended: July 2017

My Real ID GmbH