Terms
1. Scope of Application
1.1 These General Terms and Conditions (GTC) govern the use of the cPlan and cRun subscription services provided by Creativate Technologies GmbH.
1.2 On-premise (OnPrem) agreements are subject to individual negotiation and are not covered by these GTC.
1.3 By subscribing to any of the services offered, the customer agrees to be bound by these GTC.
2. Subscription Plans and Billing
2.1 The cPlan and cRun subscriptions are available with flexible billing cycles:
Monthly Billing: Billed at the end of each month.
Annual Billing: Billed upfront for the full year at a discounted rate.
2.2 All subscriptions can be canceled on a monthly basis with no penalties, ensuring maximum flexibility.
2.3 Customers are billed according to the plan they select. The pricing for each subscription plan is agreed upon during the subscription process.
2.4 OnPrem solutions involve customized pricing and contract terms, negotiated separately.
2.5 Payment methods accepted include bank transfer, credit card, and approved digital payment systems.
3. Tokenize Integration and Investment Terms
3.1 The acquisition of tokenized participation rights is directly linked to the cRun Enterprise Plan. The Token Checkout is made available only after the successful completion of the cRun Enterprise license.
3.2 Customers gain access to tokenized participation rights through the Tokenize platform in accordance with the Tokenize Investor Terms.
3.3 It is the responsibility of the customer to review and accept the Tokenize Investor Terms, which can be accessed directly on the Tokenize platform.
3.4 Investments made via Tokenize are subject to their specific regulatory and legal requirements. Creativate Technologies GmbH is not responsible for any legal implications arising from the use of the Tokenize platform.
3.5 The Tokenize Investor Terms govern all aspects of the investment, including rights, obligations, and potential returns.
4. Terms for Token Acquisition
4.1 Customers purchasing tokenized participation rights benefit from exclusive pricing and terms defined during the token acquisition process.
4.2 Creativate Technologies GmbH is not liable for any changes in the Tokenize Investor Terms or for conditions determined by the Tokenize platform.
4.3 The future value of tokenized participation rights cannot be guaranteed. Customers assume full investment risk and acknowledge that returns are subject to market fluctuations.
4.4 Tokenized participation rights are non-refundable once purchased, and ownership is transferred upon completion of the transaction.
5. Liability Disclaimer
5.1 Creativate Technologies GmbH assumes no liability for technical errors, system outages, or legal constraints arising from the use of the Tokenize platform.
5.2 The company is not responsible for any modifications to the Tokenize Investor Terms and has no influence over such changes.
5.3 Creativate Technologies GmbH does not provide financial or investment advice. Customers should conduct independent research before making investment decisions.
6. Data Protection and Privacy
6.1 The processing of personal data complies with the General Data Protection Regulation (GDPR) and the privacy policies of Creativate Technologies GmbH.
6.2 By engaging in token acquisition, the customer consents to the transfer of necessary data to the Tokenize platform for the purpose of completing the transaction.
6.3 All customer data is processed with the highest level of security and confidentiality, ensuring protection against unauthorized access.
6.4 Customers have the right to request information about their stored data and to request its correction or deletion in compliance with GDPR.
7. Availability and Modifications
7.1 Creativate Technologies GmbH reserves the right to modify or withdraw token offerings for significant reasons, provided no binding purchase has been completed.
7.2 Any changes do not affect already acquired tokenized participation rights.
7.3 Subscription services, including cPlan and cRun, may be updated or modified to improve performance or comply with legal requirements. Customers will be notified of any major changes in advance.
7.4 Creativate Technologies GmbH reserves the right to adjust pricing and service conditions with at least 30 days' notice to existing customers.
8. Termination of Subscriptions
8.1 Subscriptions to cPlan and cRun can be canceled on a monthly basis without incurring additional penalties.
8.2 OnPrem agreements remain subject to individually negotiated termination conditions.
8.3 In the event of non-payment or violation of these GTC, Creativate Technologies GmbH reserves the right to suspend or terminate the customer’s subscription.
9. Governing Law and Jurisdiction
9.1 These GTC are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.2 The exclusive jurisdiction for any disputes arising from or in connection with these GTC lies with the registered office of Creativate Technologies GmbH.
9.3 In the event of any legal dispute, both parties agree to first seek an amicable solution before proceeding to legal action.
10. Final Provisions
10.1 Should any provision of these GTC be deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.2 Any amendments or additions to these GTC must be made in writing.
10.3 These GTC are available in both German and English. In case of discrepancies, the German version shall prevail.
