TERMS AND CONDITIONS

AGREEMENT TO OUR LEGAL TERMS

We are CMC Development GmbH («Company,» «we,» «us,» «our»), a company registered in
Germany, Munich, Bayern. Our VAT number is DE359397149.

We operate the website https://kitespotapp.com (the «Site»), the
mobile application KiteSpot (the «App»), as well as any other related products and services that refer
or link to these legal terms (the «Legal Terms») (collectively, the «Services»).

You can contact us by email at support@kitespotapp.com.

The Services are intended for users who are at least 13 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Services.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the Services. You may not use the Services
in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source
code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in
the Services (collectively, the «Content»), as well as the trademarks, service marks, and logos contained
therein (the «Marks»).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property
rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services «AS IS» for your personal, non-commercial use
or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the «PROHIBITED
ACTIVITIES» section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or
elsewhere in our Legal Terms, please address your request to: office@kitespotapp.com. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners
or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and
your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the «PROHIBITED ACTIVITIES» section carefully prior
to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or
upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or
other information about the Services («Submissions»), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted
use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or through the Services, including
but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material («Contributions»). Any Submission that is publicly
posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through
third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and
logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use,
copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the
licenses granted in this section. Our use and distribution may occur in any media formats and through any
media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting
Contributions through any part of the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking accounts, you:

• confirm that you have read and agree with our «PROHIBITED ACTIVITIES» and will
  not post, send, publish, upload, or transmit through the Services any Submission nor post any
  Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
  discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or
  misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission
  and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary
  rights and licenses to submit such Submissions and/or Contributions and that you have full authority to
  grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential
  information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us
for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in
our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your account and report you to the
authorities.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update such registration information
   as necessary;
3. you have the legal capacity and you agree to comply with these Legal Terms;
4. you are not under the age of 13;
5. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received
   parental permission to use the Services;
6. you will not access the Services through automated or non-human means;
7. you will not use the Services for any illegal or unauthorized purpose; and
8. your use of the Services will not violate any applicable law or regulation.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection,
  compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
  information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s
  uninterrupted use and enjoyment of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or
  using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile.
• Use the Services to advertise or offer to sell goods and services.

6. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums,
and other functionality, and may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services,
including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, «Contributions»). Contributions may be viewable by
other users of the Services and through third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing,
  downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
  including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
  third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
  permissions to use and to authorize us, the Services, and other users of the Services to use your
  Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual
  person in your Contributions to use the name or likeness of each and every such identifiable individual
  person to enable inclusion and use of your Contributions in any manner contemplated by the Services and
  these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
  schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
  or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
  person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended
  to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin,
  gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these
  Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among
other things, termination or suspension of your rights to use the Services.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services
by linking your account from the Services to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur
in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by you
in any area on the Services. You are solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the
Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.

8. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply
with the following criteria:

1. you should have firsthand experience with the person/entity being reviewed;
2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
3. your reviews should not contain discriminatory references based on religion, race, gender, national
   origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you should not make any conclusions as to the legality of conduct;
7. you may not post any false or misleading statements; and
8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from
any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to review.

9. GAMIFICATION & POINTS PROGRAM

a) Purpose

The Program is designed to reward meaningful contributions that improve the quality of information available
to the community. It is not intended to incentivize spam, low effort content, or abusive behavior.

b) Earning Points

Subject to the rules below and verification by our systems, you may earn points for the following actions:

• Share the App: 20 points – Share Kitespot using the in-app share feature,
  as recorded by our systems
• Add a Picture: 10 points – Upload original photos to spots or schools that
  add useful context
• Add New Spot: 10 points – Create new, accurate spot entries with essential
  details
• Review Spot or School: 10 points – Write substantive, honest, first-hand
  reviews with relevant details
• Post your session: 10 points – Write substantive, honest, first-hand
  sessions with relevant details

c) Detailed Requirements:

• Share the App – We may require that the share is sent to a genuine recipient and/or
  performed only a limited number of times per period.
• Add a Picture – Original photos that add useful context (e.g., conditions, access,
  hazards). Duplicates, stock photos, AI generated images, or low quality/irrelevant images may be
  rejected.
• Add New Spot – Accurate spot entries with essential details (location, description,
  access rules, hazards). Entries that are duplicates, inaccurate, incomplete, or violate local
  laws/access rights may be removed with no points awarded.
• Review Spot or School – Substantive, honest, first-hand reviews describing your own
  experience with relevant details (conditions, wind/tide, crowding, access, lessons, safety, etc.).
  • Reviews that consist mainly of single words or generic reactions (e.g., «top,» «good,»
    «nice,»
    «ok») will not be accepted.
  • No reviews in exchange for compensation or benefits, and no reviews where you have a
    conflict of
    interest (e.g., you own/work for the subject).
• Post your session – A session post must be based on the user’s own real experience
  and should include meaningful information (e.g. location, conditions, duration, personal insights).
  • Sessions that consist mainly of single words or generic reactions (e.g., «top,» «good,»
    «nice,»
    «ok») will not be accepted.
  • No sessions in exchange for compensation or benefits, and no sessions where you have a
    conflict of
    interest (e.g., you own/work for the subject).

d) Conduct & Anti-Abuse

You agree not to:

• Post low effort, repetitive, or irrelevant content for the purpose of accumulating points.
• Submit many reviews or other interactions in a very short time (e.g., within a single day) in a way
  that
  reasonably indicates an intent to game the system.
• Use automated tools, scripts, or multiple accounts to generate activity.
• Misrepresent your identity or experience, copy others’ content, or infringe third party rights.

Kitespot may investigate, withhold or deduct points, remove content, suspend or terminate participation,
and/or reset your leaderboard status where we reasonably believe Program misuse or violation of these
Terms
has occurred.

e) Content Standards & Rights

By submitting content, you confirm it is your own or you have the necessary rights and consents
(including
identifiable persons). You grant Kitespot a license consistent with the Terms of Use to host, display,
and
use your content. We may edit, moderate, or remove content at our discretion.

f) No Cash Value; Non-Transferable

Prizes, if and when offered, will be given only after compliance with the above conditions has been
reviewed
and confirmed by our team. The team’s determination shall be final and not subject to appeal.

g) Changes, Errors & Availability

We may modify, pause, or discontinue the Program (or any earning rules) at any time, with or without
notice.
We may correct errors in point calculations at any time. Program availability may vary by region and may
be
restricted where prohibited by law.

10. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the terms and conditions of this mobile
application license contained in these Legal Terms. You shall not:

1. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the
   source code of, or decrypt the App;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the
   App;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the App;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted
   by us or the licensors of the App;
5. use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is
   not designed or intended;
6. make the App available over a network or other environment permitting access or use by multiple devices
   or users at the same time;
7. use the App for creating a product, service, or software that is, directly or indirectly, competitive
   with or in any way a substitute for the App;
8. use the App to send automated queries to any website or to send any unsolicited commercial email; or
9. use any proprietary information or any of our interfaces or our other intellectual property in the
   design, development, manufacture, licensing, or distribution of any applications, accessories, or
   devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an
«App Distributor») to access the Services:

1. the license granted to you for our App is limited to a non-transferable license to use the application
   on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance
   with the usage rules set forth in the applicable App Distributor’s terms of service;
2. we are responsible for providing any maintenance and support services with respect to the App as
   specified in the terms and conditions of this mobile application license contained in these Legal Terms
   or as otherwise required under applicable law, and you acknowledge that each App Distributor has no
   obligation whatsoever to furnish any maintenance and support services with respect to the App;
3. in the event of any failure of the App to conform to any applicable warranty, you may notify the
   applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may
   refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable
   law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
4. you represent and warrant that (i) you are not located in a country that is subject to a US government
   embargo, or that has been designated by the US government as a «terrorist supporting» country and (ii)
   you are not listed on any US government list of prohibited or restricted parties;
5. you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a
   VoIP application, then you must not be in violation of their wireless data service agreement when using
   the App; and
6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and
   conditions in this mobile application license contained in these Legal Terms, and that each App
   Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and
   conditions in this mobile application license contained in these Legal Terms against you as a
   third-party beneficiary thereof.

11. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with
third-party service providers (each such account, a «Third-Party Account») by either:

1. providing your Third-Party Account login information through the Services; or
2. allowing us to access your Third-Party Account, as is permitted under the applicable terms and
   conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service provider of the Third-Party
Account.

By granting us access to any Third-Party Accounts, you understand that:

1. we may access, make available, and store (if applicable) any content that you have provided to and
   stored in your Third-Party Account (the «Social Network Content») so that it is available on and through
   the Services via your account, including without limitation any friend lists; and
2. we may submit to and receive from your Third-Party Account additional information to the extent you are
   notified when you link your account with the Third-Party Account.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address book associated with a Third-Party Account and
your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the Services.

You can deactivate the connection between the Services and your Third-Party Account by contacting us using
the contact information below or through your account settings (if applicable). We will attempt to delete
any information stored on our servers that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site or App) links to other websites («Third-Party
Websites») as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from third
parties («Third-Party Content»).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed
through the Services or any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us.

If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should
review the applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and
the applicable third party. You agree and acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless from any losses sustained by you or
harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.

13. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services,
such as sidebar advertisements or banner advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.

14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

1. monitor the Services for violations of these Legal Terms;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these
   Legal Terms, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
   disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to remove from the Services or
   otherwise disable all files and content that are excessive in size or are in any way burdensome to our
   systems;
5. otherwise manage the Services in a manner designed to protect our rights and property and to facilitate
   the proper functioning of the Services.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://kitespotapp.com/privacy-policy/. By using the Services, you
agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in Germany. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in Germany, then through your continued use of the Services, you are transferring your
data to Germany, and you expressly consent to have your data transferred to and processed in Germany.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to
children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive
actual knowledge that anyone under the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that information from the Services as quickly as
is reasonably practical.

16. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our
sole discretion and without notice or liability, deny access to and use of the services (including
blocking certain ip addresses), to any person for any reason or for no reason, including without
limitation for breach of any representation, warranty, or covenant contained in these legal terms or of
any applicable law or regulation. We may terminate your use or participation in the services or delete
your account and any content or information that you posted at any time, without warning, in our sole
discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason
at our sole discretion without notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or releases in connection
therewith.

18. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of Germany, and the use of the United
Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by
obligatory provisions of the law in your country to residence.

CMC Development GmbH and yourself both agree to submit to the non-exclusive jurisdiction of the courts of
Bavaria, which means that you may make a claim to defend your consumer protection rights in regards to these
Legal Terms in Germany, or in the EU country in which you reside.

19. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal
Terms (each a «Dispute» and collectively, the «Disputes») brought by either you or us (individually, a
«Party» and collectively, the «Parties»), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by
one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European
Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and
which are in force at the time the application for arbitration is filed, and of which adoption of this
clause constitutes acceptance.

The seat of arbitration shall be München, Germany. The language of the proceedings shall be English.
Applicable rules of substantive law shall be the law of Germany.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full extent permitted by law:

1. no arbitration shall be joined with any other proceeding;
2. there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize
   class action procedures;
3. there is no right or authority for any Dispute to be brought in a purported representative capacity on
   behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal
negotiations binding arbitration:

1. any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
   property rights of a Party;
2. any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
   unauthorized use;
3. any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the information on the Services at
any time, without prior notice.

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party
for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost
profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have
been advised of the possibility of such damages.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim,
or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out
of:

1. your Contributions;
2. use of the Services;
3. breach of these Legal Terms;
4. any breach of your representations and warranties set forth in these Legal Terms;
5. your violation of the rights of a third party, including but not limited to intellectual property
   rights; or
6. any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance
of the Services, as well as data relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or that relates to any activity
you have undertaken using the Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against us arising from any such loss
or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and
to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via
the services.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or retention of non-electronic records,
or to payments or the granting of credits by any means other than electronic means.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does
not affect the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. CONTACT US