Legal Information from BMS Audio

Liability for content

As a service provider, we are responsible for our own content on this website according to Section 7 (1) of the German Broadcast Media Act (TMG) in accordance with general legislation. However, according to Sections 8 to 10 of the TMG we are not obliged as a service provider to monitor external information transmitted or saved or to investigate any circumstances which indicate illegal activity.

Obligations to remove or block the use of information according to general legislation remain unaffected by this. However, liability in relation to this is only possible from the time at which an actual legal violation is recognised. As soon as the relevant legal violations are made known, the content will be removed immediately.

Liability for links

Our service contains links to external websites of third parties; we have no influence on the content of these sites. Therefore, we assume no responsibility for the content of these external sites. The respective service provider or operator is always responsible for the content of linked sites. The linked sites are checked for possible legal violations when links are added. No illegal content was identified when the sites were linked.

However, it is not reasonable to permanently check the content of linked sites without an actual indication of a legal violation. As soon as the relevant legal violations are made known, the links will be removed immediately.

Copyright

Content and work on this site created by the site operator is subject to German copyright law. The reproduction, editing, dissemination and any type of exploitation outside the limitations of the copyright require the written approval of the respective author or developer. Downloading or copying this site is only permitted for private use and not for commercial purposes.

Insofar as content on this site was not created by the operator, the copyrights of third parties are observed. Notably, content from third parties is identified as such. Despite this, should your attention be drawn to a copyright violation, we ask you to inform us accordingly. As soon as the legal violations are made known, the content will be removed immediately.

Thank you for your interest in our company. As a website operator, we take the protection
of your personal data very seriously. Your personal data will be treated confidentially and
in accordance with the statutory provisions.
Our website can take place without providing your personal data. If at any time personal
data such as name, e-mail or address are requested, this is done on a voluntary basis.
Without your specific permission, data will not be disclosed to third parties.
Internet data transmission, such as by e-mail, can always have security gaps. The
complete protection of your data on the Internet is not possible.

General data protection regulations
The use of contact data published within the framework of the imprint obligation by third
parties for the transmission of not expressly requested advertising and information
materials is hereby expressly prohibited. Excepted from this are existing business
relationships or you have a corresponding consent from us.
The providers and all third parties mentioned on this website expressly reserve the right to
take legal action in the event of the unsolicited sending of advertising information. The
same applies to the commercial use and disclosure of data.

Responsible in the sense of the DSGVO
The following entity is responsible for the processing of your personal data within the
meaning of Art. 4 No. 7 DSGVO:
elysium audio solutions GmbH
Roßfelder Str. 65/5
74564 Crailsheim
Tel: +49 7951 9622 123
welcome@my-elysium.app

Data Protection Officer
The data protection officer of the controller is:
elysium audio solutions GmbH
Roßfelder Str. 65/5
74564 Crailsheim
Jonas Bayerlein
Tel: +49 7951 9622 123
welcome@my-elysium.app

General information on data processing
1. data scope
Personal data is processed only to the extent required for the provision of our service or
the provision of a functional website. In principle, the prior consent of the user is obtained
for this purpose. Exceptionally, the prior express consent of the user is dispensable if the
data processing is permitted by law and the consent of the user cannot be obtained for
factual reasons.

2. legal basis
The processing of personal data is based on Art. 6 (1) of the EU General Data Protection
Regulation (DSGVO).
Specifically, it is done on the basis of:
● Art. 6 para. 1 lit. a DSGVO, insofar as the consent of the data subject has been
obtained for this purpose;
● Art. 6 para. 1 lit. b DSGVO, insofar as the data is necessary for the performance of
a contract or for the implementation of pre-contractual measures to which the data

subject is a party;
● Art. 6 para. 1 lit. c DSGVO, insofar as the processing is necessary for the fulfillment
of a legal obligation;
● Art. 6 para. 1 lit. d DSGVO, insofar as the processing is necessary for vital interests
of the data subject or another natural person;
● Article 6 (1) lit. f DSGVO, insofar as the processing is necessary to protect a
legitimate interest of our company or a third party and these interests override the
fundamental rights and freedoms of the data subject.

3. deletion and duration
Personal data is stored for as long as the underlying purpose continues to exist or for as
long as storage is permitted by European or national legal regulations. If the processing
purpose ceases to exist or a legally prescribed storage period expires, the personal data
will be deleted or blocked, unless the storage is still necessary for the conclusion or
fulfillment of a contract.

Website and log files
1. description and scope of data processing
Each visit to our website leads to an automatic collection of data and information from the
system of the calling computer.
Specifically, the following data is collected:
1. Browser type and version used
2. Operating system of the user
3. Internet service provider of the user
4. IP address
5. Date and time of access
6. Web pages through which the user accesses our website
7. Web pages to which the user accesses via our website

This data is stored in the log files of our system. However, the storage does not take place
together with other personal data of the user.

2. legal basis
The temporary storage of the data and the log files is based on Art. 6 para. 1 lit. f DSGVO.

3. processing purpose
The user's IP address is temporarily stored for the duration of the session so that the
website can be delivered to the user's computer.
The purpose of storing IP addresses in log files is to ensure the functionality and
optimization of the website and to guarantee the security of the information technology
systems. The data will not be used for marketing purposes.
These processing purposes constitute a legitimate interest within the meaning of Art. 6 (1)
lit. f DSGVO.

4. deletion and duration
The data is stored for as long as the purpose for which it was collected continues to exist.
The data collected for the provision of the website will be deleted as soon as the
respective session has ended.
If the data was stored in log files, it will be deleted after seven days at the latest. However,
in the case of alienation or deletion of the IP addresses, by which an identification of the
calling client can be excluded, a deletion of the data is not necessary.

5. possibility of objection
The user has no possibility to object, as the data collection and the data storage in the log
files are necessary for the provision and operation of the website.

Cookies
Cookies are used when you visit our website. Cookies facilitate the exchange of data
between your terminal device and our website. By means of small text files, which are
deposited and stored on the end device used by you, the login status or language settings
of a website can be transmitted, for example.
We use the following types of cookies:
● Temporary cookies: This stores a session ID that associates your browser requests
with a particular session. As soon as you log out or close the browser, these
temporary cookies are deleted.
● Permanent cookies: This documents your surfing behavior. This makes it possible
for our website to recognize your computer - including language and log-in
information - when you visit again. Permanent cookies remain stored even after
closing the browser.
Cookies can also be differentiated according to their underlying storage purpose:
● Necessary cookies: These are mandatory for security reasons or for the functional
operation of our website for the duration of your session.

● Statistics, marketing and personalization cookies: These evaluate the user's surfing
behavior and serve to display content of interest to the user, as well as to analyze
and measure the website operator's reach. These "tracking cookies" document in
particular the search terms entered or the frequency of page views. With regard to
the respective statistics, marketing and personalization cookies used, you will be
informed in more detail in the following sections of this privacy policy.

Affected: Users of our website
Data concerned:
● Usage data (e.g. web pages clicked on)
● Communication data (e.g. IP address information).
Purpose of processing: ensuring the operation of our websites, playing out our websites;
optimization and marketing purposes.
Legal basis:
● Consent, Art. 6 para. 1 lit. a DSGVO: When visiting our website, you will be asked
to give your consent to the use of cookies. If you refuse consent, only the
technically necessary cookies will be used. Once you have given your consent, it
can be revoked at any time.
● Legitimate interest, Art. 6 para. 1 lit. f DSGVO: If you have not given your consent to
the use of cookies, your data will be processed to the extent that there is a
legitimate interest in the quality and user-friendliness of our website. In this regard,
you also have the option via the browser settings to object to the use of cookies
within the scope of our legitimate interest or to restrict the use of permanent
cookies. In case of a complete deactivation of cookies, however, a smooth use of
the website can no longer be guaranteed.

Data subject rights and right of appeal
With regard to the protection of your personal data, you have various rights under the
GDPR. You can assert these rights with the data protection officer. In detail, you have the
following rights:
● Right to information and transfer: You can request information about whether and
which data has been collected and processed. At your express request, your data
must be transferred in a structured, common and machine-readable format.
● Right to rectification: You can request the rectification of inaccurate data or the
completion of incomplete data.
● Right of deletion: You can request the deletion of your data at any time.
● Restriction claim: Under certain conditions, you can demand that we only process
your data in a restricted manner.

● Complaints: You also have the right to complain to the supervisory authority
responsible for you. The jurisdiction depends on our registered office, your usual
place of residence or your place of work.
● Right of revocation: You may revoke your consent to data processing in part or in
full at any time. If the revocation concerns data processing based on Art. 6 (1) lit. f
DSGVO, the revocation must be justified in writing. If it is not proven on our part that
compelling reasons worthy of protection outweigh your interests and rights with
regard to the data processing, the processing of your personal data will be
discontinued immediately.
Regardless of this, you can object to the processing of your personal data for advertising
and data analysis purposes at any time - even without giving reasons.
Deletion of your data
The deletion of your data takes place -unless otherwise stated in this privacy policy- when:
● you exercise your right of deletion, restriction or revocation and the permissibility of
further processing does not result from Art. 6 (1) lit. b-f DSGVO;
● the underlying purpose for the data collection has been achieved or has ceased to
exist, in particular if the contractual relations pursuant to Art. 6 (1) lit. a DSGVO
have ended or the legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO in
the further processing has ceased to exist.
In detail, the deletion can only take place at a later point in time if the (partial) storage of
your data is necessary for the fulfillment of other purposes. This concerns in particular
compliance with retention periods under tax law (6 or 10 years) or the assertion and
defense of claims arising from contractual relationships (4 years), as well as the protection
of the rights of third parties. Until the expiry of these periods, storage is then only to the
extent required to fulfill the retention obligations.
Adjustment clause
Our privacy policy may be amended at any time to comply with current legal requirements
or to implement changes to our services. The latest version applies to every visit.

Website hosting
We use a provider to maintain our website. Our web pages are stored on their server and
are available for retrieval on the Internet (hosting). The provider can process all data
transmitted via your browser, which is required when using our web pages, your entries or
IP address all entries made by you via our website.
The provider may collect the following:
● Your inputs
● Your IP address and access status (HTTP status)
● the amount of data

● the Internet service provider of the accessing system
● Your browser type and version and your operating system
● Date and time of access to the website and the time zone difference GMT.
● the website from which you have accessed our website and the web pages you visit
on our website.

This data is stored as log files on the provider's servers to ensure the operation of our
website.
Affected: Users of our website
Data concerned:
● Content data (e.g. photos, videos)
● Usage data (e.g. web pages clicked on)
● Communication data (e.g. IP address information).
Purpose of processing: ensuring the operation of our websites, playing out our websites.
Legal basis: Legitimate interest, Art. 6 para. 1 lit. f DSGVO

herold medien
Provider: herold medien, Prinz-Ludwig-Strasse 17, 93055 Regensburg
Website: https://www.heroldmedien.de/
Privacy policy: https://www.heroldmedien.de/datenschutz

Social media
We have profiles with the following social media providers. When visiting, the provider
collects and processes the data listed below. This data is regularly collected for advertising
and market research purposes. In the profiles, data is regularly stored regardless of your
device. You will regularly receive customized advertising. To cancel a user profile, you
have a right of withdrawal from the respective provider. The provider may collect data
about your usage behavior on our website when you visit our website if you are logged in
to it. You can log out of the provider before visiting our website to prevent this. For what
purpose and to what extent data is collected by the provider, you can see the respective
privacy statements of the providers.
Depending on the location of the provider, the data it collects may be transferred and
processed outside the European Union. There is a risk of non-compliance with the level of

data protection prescribed by the GDPR. The enforcement of your rights may also be
prevented or made more difficult.
Data concerned:
● Inventory and contact data (e.g. name, address, telephone number, e-mail address)
● Content data (e.g. photos, videos)
● Usage data (e.g. web pages clicked on)
● Communication data (e.g. IP address information).
Purpose of processing: tracking and analysis of user behavior, communication and
marketing.
Legal basis: Consent, Art. 6 para. 1 lit. a DSGVO, legitimate interest Art. 6 para. 1 lit. f
DSGVO
Opt-out options: Please refer to the information provided by the providers linked below
for information on how to object (opt-out).
We have profiles on the following social networks:
Facebook
Provider: Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA, EU Headquarters:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
Website:https://www.facebook.com/
Privacy Policy: www.facebook.com/about/privacy/

Instagram
Provider:Instagram Inc, 1601 Willow Road, Menlo Park CA 94025, USA
Parent company Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA
Headquarters in the EU: Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2,
Ireland
Website:https://www.instagram.com/
Privacy policy: instagram.com/about/legal/privacy
LinkedIn
Provider: LinkedIn Corporation, 1000 W Maude, Sunnyvale, CA 94085, USA
Headquarters in Germany: LinkedIn, Hofstatt 4th Floor, Sendlinger Str. 12, 80331 Munich
Website:https://www.linkedin.com/?trk=nav_logo
Privacy Policy: www.linkedin.com/legal/privacy-policy
privacy-policy
Contact form
We process your contact data to answer your contact inquiries within the framework of the
respective existing (pre-)contractual relationship, insofar as you provide us with these via

our contact form, telephone, email, mail, fax or social media. The same applies to other
information about your request or your person.
Affected: (potential) customers, business and contractual partners
Data concerned:
a) Inventory data (e.g. name, date of birth)
b) Contact details (e.g. address, e-mail, telephone number)
c) Content data (texts, photos, videos)
d) Contract data (e.g. subject matter of the contract, duration of the contract)

Purpose of processing: answering contact requests, office and organization.
Legal basis: Contract fulfillment and pre-contractual inquiries, Art. 6 para. 1 lit. b DSGVO,
legitimate interest, Art. 6 para. 1 lit. f DSGVO.

Analysis tools

We use analysis tools on our website to evaluate the flow of visitors. For example, age,
gender, (if you have consented) location data, browser used as well as the duration of
access and the individual interactions on our website are recorded. Likewise, the analyst
tools store data about which Internet pages you used to access our website. The data
collection is usually carried out with the help of cookies, which also record your IP address.
However, the latter are shortened so that they can no longer be assigned to your visit to
the website (IP masking). Personal data (e.g. name or e-mail address) is not stored, so
that your identity cannot be traced by the analysis tools. However, for service providers
with non-European headquarters, compliance with the level of data protection required by
the GDPR cannot be guaranteed. The data collected via the service may also be
transmitted and processed outside the area of the European Union.
Purpose of processing: marketing and remarketing, reach measurement
Affected: Users of our website
Data concerned:
● Usage data (e.g. web pages clicked on)
● Communication data (e.g. IP address information).
Legal basis: Art. 6 para. 1 lit. a DSGVO, Art. 6 para. 1 lit. f DSGVO
We use the following web analytics services:
Google Analytics
Provider: Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

Headquarters within the EU: Google Dublin, Google Ireland Ltd, Gordon House, Barrow
Street, Dublin 4, Ireland
Website://marketingplatform.google.com/intl/de/about/analytics/
Privacy policy: policies.google.com/privacy
Possibility of change: tools.google.com/dlpage/gaoptout

Online advertising
We use various service providers for the advertising displayed to you online. These collect,
for example, age, gender, (if consented) location data, browser used as well as the
duration of access and the individual interactions on our website. It is also recorded via
which Internet pages you have accessed our website. The data collection is usually carried
out with the help of cookies, which also record your IP address. However, the latter are
shortened so that they can no longer be assigned to your visit to the website (IP masking).
Personal data (e.g. name or e-mail address) is generally not stored, so that your identity
cannot be traced by the service providers. Exceptionally, such data is nevertheless stored
if you are a member of a social network that offers one of the following services and
merges your profile with the aforementioned data material.
The Service Provider evaluates the collected data and creates a report on the number of
website visitors generated by advertisements and the success of the advertisements. The
report does not contain any information that makes it possible to identify the users. It only
contains information about the end devices and browsers of the users, the time or (if
consented) the location of the visit. However, for service providers with non-European
headquarters, compliance with the level of data protection required by the GDPR cannot
be guaranteed. The data collected via the service may also be transmitted and processed
outside the area of the European Union.
Purpose of processing: marketing and remarketing, reach measurement
Affected: Users of our website
Data concerned:
● Usage data (e.g. web pages clicked on)
● Communication data (e.g. IP address information).
Legal basis: Art. 6 para. 1 lit. a DSGVO, Art. 6 para. 1 lit. f DSGVO
We use the following service providers for online advertising:
Facebook Pixel
Provider: Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA
Headquarters in Europe: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal
Harbour, Dublin 2, Ireland
Website://www.facebook.com
Privacy Policy: www.facebook.com/about/privacy
Possibility of change: www.facebook.com/settings

We transfer your personal data to Facebook in encrypted form via the "advanced
matching" function. Via the "Custom Audiences from File" function, your email address, as
the recipient of the newsletter, is transmitted to Facebook in encrypted form. This allows
us to determine the recipient of our Facebook ads and display them only to interested
parties.
Google AdSense
Provider: Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
Headquarters in Europe: Google Dublin, Google Ireland Ltd, Gordon House, Barrow
Street, Dublin 4, Ireland
Website://www.google.com/intl/de_de/adsense/start/
Privacy Policy: www.google.de/intl/de/policies/privacy
Google Ads
Provider: Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
Headquarters in Europe: Google Dublin, Google Ireland Ltd, Gordon House, Barrow
Street, Dublin 4, Ireland
Website://ads.google.com/home/
Privacy Policy: www.google.de/intl/de/policies/privacy

Advertising by e-mail, mail or telephone
We use your personal data for advertising purposes by e-mail, mail or telephone. You can
object to this use at any time or revoke your previously given consent. For an immediate
deletion of your data after a revocation, it is necessary that you confirm that you originally
gave us your consent for data processing for advertising purposes. Otherwise, your data
may be stored for a further 4 years as evidence of consent given at the outset - despite
revocation. However, the data will not be used for any other purpose during this period.
Purpose of processing: marketing and advertising by e-mail, mail or telephone.
Affected: Communication partner
Data concerned:
● Inventory and contact data (e.g. name, address, telephone number, e-mail address)
Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO, legitimate interest
according to Art. 6 para. 1 lit. f DSGVO

Newsletter subscription
To stay informed about current offers and other news, you have the possibility to subscribe
to our newsletter on our website. By providing your e-mail address, you agree to receive
the newsletter. The e-mail address, as well as other voluntary information, will be stored by
us. To ensure that your e-mail address has not been misused by a third party, we store the
date and time of registration, the IP address of your terminal device and send you a

confirmation e-mail to the e-mail address provided. Here you have to confirm the receipt of
the newsletter by a mouse click. The above data will not be passed on to third parties.
By means of tracking pixels and tracking links, we can evaluate your user behavior via the
sent newsletter, if you have consented to an evaluation of your user behavior. The
evaluation includes in particular whether and when you open the newsletter and which
links you click on.
A revocation of consent to receive the newsletter is possible at any time. The revocation
can be declared in the following way:
● Click on the link provided for this purpose in the newsletter
● Form on our website

The e-mail address will be deleted if the consent has been revoked or the confirmation link
has not been clicked on in the period of one month after the confirmation e-mail has been
sent.
Purpose of processing: marketing and advertising via newsletter, statistical evaluation of
the newsletter.
Affected: Users of the website
Data concerned:
● Content data (e.g. photos, videos)
● Usage data (e.g. web pages clicked on)
● Communication data (e.g. IP address information).
Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO, legitimate interest
according to Art. 6 para. 1 lit. f DSGVO
We use the following service providers for our newsletter subscription:
CleverReach
Provider: CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede
Website:https://www.cleverreach.com/de
Privacy policy: www.cleverreach.com/de/datenschutz/
Cloud services
We use cloud services to handle various internal and external organizational processes
(e.g. presentations, calculations, appointment management, exchange and publication of
files, processing and storage of documents, communication via chat, audio, video
conferences). The cloud services are used by accessing their servers. When using our
cloud service, your registration, contact and contract data are stored and processed on the
provider's servers. The provider is authorized to store cookies on your computer system
when you access files published by us with him. In addition, he is authorized to process

your meta and communication data (e.g. IP address, time, location, terminal device,
communication partner). The processing by the service provider is primarily for security
reasons or for optimization or marketing purposes. In particular, it can use the collected
data to analyze your usage behavior and browser settings.
Depending on the location of the provider, the data it collects may be transferred and
processed outside the European Union. There is a risk of non-compliance with the level of
data protection required by the GDPR. The enforcement of your rights may also be
prevented or made more difficult. We intend to process your data -insofar as our service
provider offers this- exclusively within the EU.
Purpose of processing: communication and administrative tasks
Affected: (potential) customers, website users, communication partners, (former, current,
potential and future) employees.
Data concerned:
● Usage data (e.g. web pages clicked on)
● Inventory and contact data (e.g. name, address, telephone number, e-mail address)
● Content data (e.g. photos, videos)
● Communication data (e.g. information on IP address, terminal device used)
Legal basis: Art. 6 para. 1 lit. a DSGVO, Art. 6 para. 1 lit. b DSGVO, Art. 6 para. 1 lit. f
DSGVO
We use the following cloud service providers:
Amazon Drive
Provider:Amazon Europe Core S.à.r.l., Amazon EU S.à.r.l, Amazon Services Europe
S.à.r.l., Amazon Media EU S.à.r.l., 38, avenue John F. Kennedy, L-1855 Luxembourg,
Luxembourg
Headquarters in Germany: Amazon Instant Video Germany GmbH, Domagkstr. 28, 80807
Munich Parent company Amazon.com, Inc, 2021 Seventh Ave, Seattle, Washington
98121, USA
Website:https://www.amazon.de
Privacy Policy:
www.amazon.de/gp/help/customer/display.html
Google Cloud Services
Provider:Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
Parent company Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043,
USA
Website:https://cloud.google.com/
Privacy policy: www.google.com/policies/privacy

General Terms and Conditions elysium® App

Our GTC are deemed to be agreed upon the use of the services of the Elysium® App. In
particular, they contain your rights and obligations as our Tour Guide, as a listener, or in any
other use of our app or our other platforms, as well as the most important data protection
provisions.

elysium® App

§ 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all
Contracts for the provision of services, in particular on the Elysium® App

between

elysium audio solutions GmbH
Roßfelder Straße 65/5
74564 Crailsheim
(more information in the imprint: www.mein-elysium.app/impressum.html
(hereinafter referred to as "user", "we", or "us")

and you

(hereinafter referred to as "partner", "your" or "you").

(2) The GTC apply regardless of whether you are a consumer or an entrepreneur.

(3) You are a "consumer" if you are a natural person who concludes a contract with us for
purposes that can predominantly be attributed neither to your commercial nor to your
independent professional activity.
(4) You are an "entrepreneur", if you are a natural person or conclude a contract for a legal
person or a partnership with legal capacity, which acts in the exercise of its commercial or
self-employed professional activity when concluding the contract with us.
(5) These GTC apply to all of our platforms. "Platforms" means all of our sales and
operations channels and services. In particular, it is our websites or apps and our profiles on
websites or apps of our partners; all our premises such as premises or offices; all our
physical or electronic documents such as emails, order documents or information materials;
and all our sales areas such as booths or storefronts or trade fairs.
(6) The version of the GTC valid at the time of conclusion of the contract shall apply.
Deviating GTC shall not be accepted. This shall also apply if we have not expressly objected
to their inclusion. Something else may apply insofar as something else is stipulated in these
GTC in individual cases. Insofar as legal texts or documents, including these GTC, are
translated into a language other than German , the German legal texts or documents shall
be legally binding and thus applicable - the translated legal texts or documents shall serve
solely to provide a better understanding.
(7) All agreements made between you and us in connection with a service result in particular
from an order or commissioning as well as the associated appendices, our confirmation, our
acceptance and, in addition, if not regulated therein, from these GTC. These GTC shall also
apply to subsequent orders or commissions placed by you during or after the expiry of the
contract term, unless other GTC have been included at that time.
(8) These GTC also apply to other contracts concluded between you and us, insofar as there
are no special GTC relating to the other type of contract and clauses of these GTC may
apply in terms of content.

§ 2 Scope of Services
We provide services through our tour guide app elysium®.
a) Group leaders can
- address a group of tour participants of max. 100 listeners via app or browser-based
- use the app in currently 5 languages
b) listeners can
- participate in guided tours via app or browser at no cost
(2) You will be given access to software, online databases, functions, operating systems,
documentation and all other components of our software ("services") in order to use our
Services. You can use the services via our platforms - in particular via our mobile apps for

iOS, Android and all other mobile devices as well as websites. Our Services are offered in
the countries shown on our Platforms
(3) Decisive for the scope of our service in individual cases is:
- Your order or your order, regardless of which of our platforms you place it via, in
particular in the case of an online order (for example, the service description
within the scope of the order or order process, on the website or the app) or in
text form (for example, the order or order documents including attachments,
irrespective of whether in paper form or electronically by e-mail).

§ 3 Remuneration and performance
(1) For listeners, the use of our app is free of charge.
(2) We receive remuneration for our chargeable services from group leaders according to
your order or the order according to the paragraph on the scope of services. A one-time
license must be purchased in advance for each listener.
In principle, billing is based on the number of licenses offered in the license packages.
The first 40 licenses, after registration, are free of charge for you as a group leader.
Translated with www.DeepL.com/Translator (free version)
§ 4 Conclusion of contract
(1) When we present our services on our platforms and the platforms of third parties (in
particular the Android and Apple app stores), we do not make a binding offer to conclude a
contract. The presentation is merely a non-binding presentation.

(2) Our offers and cost estimates are subject to change. Cost estimate and quotation errors
may be corrected before acceptance of the order.

(3) You can place a legally binding order or commission in any way that our platforms offer.
In particular, you can place it as follows:
● By clicking on an order button on our platforms, in particular on our websites
and apps as well as on our profiles on websites and apps of third parties.
● By sending us completed order documents via any common communication
channel such as email, post, fax or our social media profiles,

● By handing over completed order forms to us - for example, at our premises,
when entering into a contract at your premises, at trade fairs or information or
promotional events, or on any other occasion.

(4) By placing an order, you also give your binding consent to these GTC and to the
processing of data in accordance with our data protection statement. If you download the
app from third-party platforms (for example, Apple App Store, Google Play, or Amazon
Appstore), the contractual terms GTC and privacy policies of the respective third-party
provider apply to the extent that there are overlaps in content - particularly with regard to
payment terms, the right of revocation, user account and login provisions, privacy policies,
the End User License Agreement for Licensed Applications (EULA), or the availability of the
services.
(5) You are bound to the commission or order for a period of 2 weeks after placing the order.
(6) We can confirm the receipt of the submitted order or commission
- by e-mail to the e-mail address provided by you or
- with a confirmation letter by letter or by handover.
The confirmation does not constitute a binding acceptance of the order or the order unless,
in addition to the confirmation of receipt, the acceptance is declared at the same time.
(7) As a matter of principle, we confirm the order or commission ourselves. However, a third
party may also issue a confirmation on our behalf if you have ordered or commissioned our
service on third-party platforms - in particular a website or app of a third party - on which we
maintain a profile.
(8) A contract between you and us shall only be concluded if we
● expressly accept the order or your order,
● begin with the performance of the service,
● issue an invoice,
● provide the service - in whole or in part - or
● you create an account on our platforms - whether by registering, taking your details
from a third party provider or in any other way.
The acceptance may be simultaneous with confirmation.

(9) Several contractual partners are liable for our claim as joint and several debtors. We are
entitled to rely on the instructions and information of each of several contractual partners in

the performance of the contract, unless one of them objects in writing. An objection entitles
the user to terminate the contract with the consequences of a lack of cooperation.

§ 5 Registration and account, content
(1) If services on our platforms can also be used without an account, you already make an
offer to conclude a contract for the duration of the use of a platform in accordance with these
GTC by using our platforms, which we accept by providing the service. In this case, by using
our platforms, you make an offer to conclude a contract for the duration of the use of a
platform in accordance with these GTC, which we accept by providing the service.
(2) If one of our services requires the creation of an account on our platforms, you obtain it
by registering.
(3) The provision of the data requested during registration is mandatory. You assure their
completeness and correctness. The registration can be carried out by entering your data on
our platforms or by transferring your data from one of your accounts on a platform of a third
party provider, for example Apple, Facebook or Google. In these cases, there may be a
linking of accounts and an exchange of data between us and the third party provider.
(4) The following requirements exist for registration:
- Consumers are natural persons over 18 years of age with unlimited legal capacity
- Businesses as natural persons meet the requirements of a consumer
- Entrepreneurs as partnerships or corporations as well as any other corporate
bodies, associations or communities have legal capacity and have a
representative authorised to represent them. The indication of a P.O. Box is not
sufficient.

(5) There is no entitlement to registration. We are entitled to reject a registration. With the
conclusion of the registration, a contractual relationship arises between you and us.
(6) With the registration you receive an account which contains all necessary data for the
use. You may only use the account yourself; in particular, you may not allow third parties to
use the account or transfer the account to third parties (account sharing). The password may
be changed at any time. Multiple accounts of one person are not permitted. The account
shall continue to exist until the effect of termination. If you download the app from third-party
platforms (for example, Apple App Store, Google Play, or Amazon Appstore), the contractual
terms, GTC and privacy policy of the respective third-party provider shall apply insofar as
there is an overlap in content - in particular with regard to the payment terms, the right of
revocation, the user account and login provisions, the privacy policy, the End User License
Agreement for Licensed Applications (EULA), or the availability of the services.

(7) You are responsible for the content and quality of all information. You assure that they
are correct and complete. We take no notice of the contents, in particular they are not
checked in principle. You undertake not to enter, upload or in any way make available to us
or the providers any content and data that is punishable, illegal or violates the rights of third
parties, as well as to use the platforms in any illegal manner, for example to commit crimes
or to offer illegal services. You agree not to misuse the service offer and in particular not to
distribute any illegal, immoral, defamatory, offensive, obscene, pornographic or politically
radical content.

(8) You must not jeopardize the safe operation of our platforms. You must refrain from doing
anything that could harass other users of the platforms or that goes beyond the intended use
of our platforms. In particular, you are obliged to refrain from the following:
● Upload or send files that contain a virus or other malware or make other interventions
that could impair the functionality or accessibility of the platforms or modify or delete
content,
● Upload or send any form of advertising, especially email advertising, SMS
advertising, chain letters or other harassing content.
● Subject the Platforms to excessive load or in any other way disrupt or jeopardize their
functioning,
● Use crawlers, spiders, scrapers or other automated mechanisms to access the
Platforms and collect content without written consent,
● Collect or use information such as email addresses or phone numbers of other users
without prior consent,
● reproduce, make publicly available, distribute, edit or use in a way that goes beyond
the intended use any content of the Platforms or third parties without prior consent by
us or the third parties.

(9) We are entitled to take any action with regard to your account without giving reasons. In
particular, we may request you to comment, temporarily suspend the account, issue a
warning, or permanently suspend or delete the account. With respect to any Content posted

by you on our Platforms, we may take any action we deem appropriate without giving any
reason; in particular, we may modify or delete such Content without giving any reason -
primarily to ensure better understandability, especially in the case of content, grammatical or
spelling errors, but also for any other reason at our discretion. In addition, we expressly
reserve the right to assert civil and criminal claims. The sanctions do not affect the obligation
to pay for service relationships that have already been established, especially if the service
has already been (partially) provided. //You can increase your visibility by adding the
additional option of improved findability. This will give you a better position in the search
results, for example.
(10) If the app was downloaded from third-party platforms, the contractual terms and
conditions, GTC and privacy policy of the respective third-party provider may apply with
regard to registration and account, insofar as there are overlaps in content.

§ 6 Prices, Payment, Default, Terms of Payment, Offsetting, Right of Retention
(1) The following applies to our chargeable services on our platforms: The prices stated by
us are - unless otherwise presented or agreed in individual cases - gross prices including
value added tax.
(2) Our remuneration shall become due - unless otherwise agreed between you and us -
after conclusion of the contract and before the respective service provision. It shall be paid at
the latest within 2 weeks after dispatch of our invoice (invoice date). If payment is not made,
default of payment shall occur. In the event of default in payment, we shall be entitled to
claim default interest and further damages in accordance with the statutory provisions. The
default interest for consumers amounts to 5 percentage points above the base interest rate
according to § 288 BGB for the year; for entrepreneurs the default interest amounts to 9
percentage points above the base interest rate according to § 288 BGB for the year.
(3) We enable you to use various payment services and options. You can use any payment
method provided by us for payment, in particular
- transfer to an account specified by us,
- pay us via a third party platform (e.g. Apple App Store, Google Play or Amazon Appstore)
or
- pay us via a payment service provider specified by us (for example PayPal),
in each case provided that we offer a corresponding payment option. We reserve the right to
exclude payment options individually or generally or to add them subsequently.
(4) You make use of the payment service of a payment service provider by clicking on the
button of the payment service provider during the ordering process of services. You will be
taken to the corresponding page of the respective payment service provider. You make use
of the payment service of a third party platform such as Apple App Store, Google Play or

Amazon Appstore by downloading our app via it. With regard to the payment, we only
provide access to the page of the respective payment service provider or platform, but do
not become a contracting party. In most cases, in order to use the payment services of a
payment service provider or the platform, it is necessary to enter into a contractual
relationship with the respective payment service provider. The respective contractual terms,
GTC and data protection provisions apply.
(5) You are not entitled to offset against our claims unless your counterclaims have been
legally established or are undisputed and if you assert notices of defects or counterclaims
from the same contractual relationship.
(6) You may only exercise a right of retention if your counterclaim arises from the same
contractual relationship and is legally established or undisputed.
(7) In the event that one of our claims from one or more contracts is not paid on time, we are
entitled to commission a collection agency (e.g. Creditreform) with the further collection of
the due claim. By signing the contract, you agree that we transmit the data and information
required to collect the debt to the collection agency (e.g. Creditreform) and that the collection
agency (e.g. Creditreform) is entitled to store and process the data. In particular, name and
address, contract date, as well as invoice number, invoice amount and due date are
transmitted.
(8) If the app was downloaded from third-party platforms, the contractual terms and
conditions, GTC and privacy policy of the respective third-party provider may apply with
regard to registration and account, insofar as there are overlaps in content.

§ 7 Term of Contract and Termination
(1) Unless otherwise agreed electronically or in writing, the term of the contract shall begin
when the User sends the order confirmation to the Partner.
(2) Unless otherwise agreed electronically or in writing, the contract concluded shall run for
an indefinite period.
(3) If we terminate the contract for good cause, you shall be obligated to reimburse us for the
costs and remuneration that have demonstrably been incurred up to the time of termination.
The services rendered by us up to that point shall be settled on a pro rata basis, insofar as
this is possible, otherwise a full settlement shall be made.
(4) The termination can be made in the account.
§ 8 Time limit for performance and force majeure
(1) Unless agreed in individual cases, we are not bound by time limits and deadlines for the
performance of the service. Performance deadlines must be in writing.

(2) Insofar as we are prevented from rendering performance due to the occurrence of
unforeseeable, extraordinary events for which we are not responsible and which we were
unable to avert despite exercising reasonable care in accordance with the circumstances of
the individual case - irrespective of whether they occur at the user's or the partner's
premises (e.g. operational disruptions, delays in the delivery of essential raw and auxiliary
materials or in the performance of the contract by subcontractors), we shall be entitled to
claim compensation from you. (e.g. operational disruptions in the delivery of essential raw
and auxiliary materials or in the fulfilment of the contract by subcontractors, official
interventions, industrial disputes, lock-outs, operational disruptions of any kind in our
company or in third-party companies, shortage of goods or similar, which are outside our
sphere of influence and for which we are not responsible), the possibly agreed time of
performance shall be extended to such an extent that the reasonable fulfilment of the
obligation to perform is possible. If performance becomes impossible, we shall be released
from the obligation to perform without you being entitled to withdraw from the contract or
claim damages. If corresponding obstacles occur on your side, the same legal
consequences shall also apply to your acceptance obligation. The contracting parties shall
notify each other of such obstacles without delay.

§ 9 Revocation

(1) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the right
of revocation does not apply. For consumers the following applies:
-LEGALLY BINDING ORIGINAL WORDING-:

Widerrufsbelehrung

Widerrufsrecht
Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu
widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsschlusses.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (BMS Audio GmbH, Roßfelder Straße
65/5, 74564 Crailsheim,  +49 7951 9622 123,  +49 7951 9622 299, welcome@my-
elysium.app) mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief,
Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie
können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht
vorgeschrieben ist.

Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des
Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen
erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die
sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene,
günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn
Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses
Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe
Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn,
mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen
dieser Rückzahlung Entgelte berechnet.
Haben Sie verlangt, dass die Dienstleistungen während der Widerrufsfrist beginnen soll, so
haben Sie uns einen angemessenen Betrag zu zahlen, der dem Anteil der bis zu dem
Zeitpunkt, zu dem Sie uns von der Ausübung des Widerrufsrechts hinsichtlich dieses
Vertrags unterrichten, bereits erbrachten Dienstleistungen im Vergleich zum Gesamtumfang
der im Vertrag vorgesehenen Dienstleistungen entspricht.

Muster-Widerrufsformular

(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und
senden Sie es zurück.)
— An (BMS Audio GmbH, Roßfelder Straße 65/5, 74564 Crailsheim,  +49 7951 9622 123,
 +49 7951 9622 299, welcome@my-elysium.app):
— Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über die
Erbringung der folgenden Dienstleistung (*)
— Bestellt am (*) / erhalten am (*)
— Name des/der Verbraucher(s)
— Anschrift des/der Verbraucher(s)

— Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
— Datum _______________ (*)

- ENDE DIESES MUSTERWIDERRUFSFORMULARS -
(2) Das Widerrufsrecht erlischt bei einem Vertrag über die Lieferung von nicht auf einem
körperlichen Datenträger befindlichen digitalen Inhalten auch dann, wenn der Unternehmer
mit der Ausführung des Vertrags begonnen hat, nachdem der Verbraucher
1. ausdrücklich zugestimmt hat, dass der Unternehmer mit der Ausführung des Vertrags vor
Ablauf der Widerrufsfrist beginnt, und
2. seine Kenntnis davon bestätigt hat, dass er durch seine Zustimmung mit Beginn der
Ausführung des Vertrags sein Widerrufsrecht verliert.
(3) Das Widerrufsrecht erlischt insbesondere bei einem Vertrag zur Erbringung von
Dienstleistungen auch dann, wenn der Unternehmer die Dienstleistung vollständig erbracht
hat und mit der Ausführung der Dienstleistung erst begonnen hat, nachdem der Verbraucher
dazu seine ausdrückliche Zustimmung gegeben hat und gleichzeitig seine Kenntnis davon
bestätigt hat, dass er sein Widerrufsrecht bei vollständiger Vertragserfüllung durch den
Unternehmer verliert. Bei einem außerhalb von Geschäftsräumen geschlossenen Vertrag
muss die Zustimmung des Verbrauchers auf einem dauerhaften Datenträger übermittelt
werden. Bei einem Vertrag über die Erbringung von Finanzdienstleistungen erlischt das
Widerrufsrecht abweichend von Satz 1, wenn der Vertrag von beiden Seiten auf
ausdrücklichen Wunsch des Verbrauchers vollständig erfüllt ist, bevor der Verbraucher sein
Widerrufsrecht ausübt.
(4) If the app was downloaded from third-party platforms, the contractual terms and
conditions, GTC and privacy policy of the respective third-party provider may apply with
regard to registration and account, insofar as there are overlaps in content.

§ 10 Duty to cooperate
(1) You shall assist us in the performance of our contractual services by reasonable acts of
cooperation. You will, for example, provide us with the necessary information, data,
circumstances, conditions; provide documents or access for the performance of the service;

give us instructions and releases without delay and appoint a competent contact person who
will not be replaced.
(2) Insofar as you are not entitled to notify us or provide us with the device codes in
accordance with Paragraph 1, you shall also be deemed to have failed to cooperate. You
affirm your authorisation to perform the corresponding actions. You shall indemnify us on
first demand against any claims by third parties who take action against us due to your lack
of authorisation and shall reimburse us for any damage incurred due to the claim by the third
party, including any court costs and lawyers' fees incurred for the legal defence. In all other
respects, the statutory provisions shall apply.
(3) Missing, incomplete, damaging or infringing cooperation - for example by providing
incomplete or incorrect information, data, materials or documents or by providing
information, data, materials or documents that are not suitable for lawful use - shall entitle us
to terminate the contract, in the case of a contract with an entrepreneur also without affecting
the agreed remuneration.
(4) If we incur damage as a result of faulty cooperation, we shall be entitled to claim
damages. In this case, you shall also indemnify us against all third party claims asserted by
third parties in connection with acts of cooperation performed by you incorrectly, at least due
to gross negligence.

§ 11 Communication
(1) In order to ensure quick and easy communication with each other, communication will
generally take place via e-mail as well as your account on our platforms. You consent to
information being sent to you by e-mail, your account on our platforms, by post or by other
means.
(2) The dispatch and communication is at your risk. We are not responsible or liable for
disruptions in the line networks of the Internet, for server and software problems of third
parties or problems of a postal or delivery service provider.
§ 12 Ratings and testimonials
(1) As a group leader you may submit ratings and testimonials to assess your subjective
opinion of the quality of the service you have received. In principle, we cannot check the
truthfulness of a rating when it is submitted. We reserve the right to decide whether or not to
publish evaluations.
(2) Reviews and testimonials must be truthful and objective. They may not be defamatory,
insulting, hurtful, abusive or offensive. Insofar as a review represents a pure expression of
opinion, it must have a true factual basis. We will delete reviews and experience reports that
violate this.

§ 13 Technical availability, data, functionality and content
(1) The Platforms are accessible 24 hours a day, 7 days a week, except in the event of force
majeure or an event beyond our control and subject to outages and maintenance required
for operation. We work diligently to ensure the highest possible availability. Availability
depends, among other things, on your technical equipment. Interruptions in availability may
occur due to necessary maintenance and security work or unforeseen events beyond our
control.
(2) We are not liable for your loss of data or any damage resulting therefrom, insofar as the
damage would not have occurred if you had regularly and completely backed up your data.
(3) We may change any functionality, appearance, structure or content of our Platforms
without obtaining your consent.
(4) We are entitled to block or change any content - including user-generated content.

§ 14 Granting of rights
(1) You undertake not to distribute any texts, images, video, audio files and/or other content
("Files") via the Platforms that violate applicable law, morality and/or these GTC. In
particular, you undertake to respect the rights of third parties, such as copyrights, trademark
rights, patent and utility model rights, design rights, database rights and any other industrial
property rights (hereinafter "property rights").
(2) You hereby grant us a comprehensive, exclusive right of use, unlimited in space and time
and unrestricted for all types of use, to the files required for the performance of the service,
which you publish via our platforms or upload to our platform or to the user account for the
performance of the service or forward to us in any other way.
(3) The granting of rights includes in particular the right to use the files for our own purposes
for the performance of our own services as well as for our own advertising purposes
worldwide and for an unlimited period of time.
(4) Insofar as we create files for the user or provider, all copyrights and user rights remain
with us.
(5) If the app was downloaded from third-party platforms, the contractual terms and
conditions, GTC and data protection provisions of the respective third-party provider may
apply insofar as there is an overlap in content.

§ 15 Our rights in our platforms
(1) You agree that the Platforms and all related applications are database works and
databases within the meaning of Sections 4 (2), 87a (1) UrhG (German Copyright Act), of

which we are the legal owners. All related applications are subject to protection pursuant to
Sections 69a et seq. UrhG. They are protected by copyright.
(2) The rights to all other elements of our platforms, in particular the rights of use and
ancillary copyrights to the content and documents posted by us or acquired by granting
rights, are also exclusively ours. In particular, trademarks, other marks, company logos,
protective notes, copyright notices or other features serving to identify individual elements of
our platforms may not be removed or changed. This also applies to printouts.

§ 16 Modification of the Services
We reserve the right to discontinue, change or restrict access to software, online databases,
functions, operating systems, documentation and all other components of our software
required for the use of our services as well as their mode of operation - to the extent legally
permissible also without prior notice - in whole or in part, at any time, temporarily or
permanently. In particular, we reserve the right to change or deactivate features of our
services (e.g. design, layout, categories, structure or availability), to convert free
components into chargeable components, to discontinue support for certain functions or to
suspend compatibility (e.g. with certain types of devices or operating systems).

§ 17 End User Licence Agreement (EULA)
(1) We grant you a personal, non-exclusive, revocable, non-transferable and worldwide right
to use the Platforms - in particular any software features on the Website or Apps - their
content, services, other features and any updates. This is granted exclusively for your own
use and in the context of the use of the platforms and their services and to the exclusion of
any other purposes.
(2) Our digital products (especially apps, software) are licensed to you and not sold to you.
(3) The licence does not give you any right to use the content. In particular, it is prohibited
- Adapt, modify, translate, edit, reverse engineer, disassemble, transcode or reverse
engineer the Platforms, their content, services, other features or updates;
- Export the Platforms, their contents, services, other functions or updates, or combine them
in whole or in part with other software programs, or reproduce them in whole or in part, by
any means and in any form, permanently or temporarily;
- Extract or re-use any of the contents of the Databases created from the Platforms;
- create works derived from the Licensed Platform;

- Use processes or software designed to copy the Platforms, their content, services, other
features or updates without our consent;
- Set up systems capable of hacking the Platforms.
- Offer or provide our services to third parties without our consent.
(4) In the event of a violation of the prohibition, there shall be criminal liability and liability for
damages.
(5) If the app was downloaded from third-party platforms, the contractual terms and
conditions, GTC and data protection provisions of the respective third-party provider may
apply insofar as there is an overlap in content.

§ 18 Third Party Advertising
(1) We reserve the right to display third party advertisements to you. We have no control
over the advertising, in particular its content, reliability or accuracy. Advertisements are
displayed without our review, in particular we do not endorse their content - the advertiser
alone is responsible. In any form of use - in particular by clicking, using their services carried
out by means of an application programming interface ("API") or visiting their platforms
linked to the advertising - their contractual terms, GTC and data protection provisions shall
apply.
(2) Advertising may in particular be accompanied by the linking of third-party platforms or
third-party API applications. Here, too, the responsibility lies solely with the respective
provider of the advertising. Their contractual conditions, GTC and data protection provisions
apply.

§ 19 Copyrights
We have copyright and other rights in all images, films, text and other content protected by
copyright or similar rights that is published on our website, our profiles on other websites, our
social media profiles. Use of the images, films, texts and other rights is not permitted without
our written consent.

§ 20 Data protection and data security
(1) We collect personal data from you and, if applicable, other data supplied by you or
obtained by us in the course of fulfilling the contract for the purpose of executing the contract
and fulfilling contractual and pre-contractual obligations. The data collection and data
processing is necessary for the fulfilment of the contract and is based on Article 6 (1) b)
DSGVO. We process it in accordance with the obligations of the DSGVO. According to
Article 5 (1), personal data must essentially:

(a) be processed in a lawful and fair manner and in a way that is comprehensible
to the data subject ("lawfulness, fair processing, transparency");

(b) collected for specified, explicit and legitimate purposes and not further
processed in a way incompatible with those purposes ('purpose limitation');

(c) adequate and relevant to the purpose and limited to what is necessary for the
purposes of the processing ("data minimisation");

(d) accurate and, where necessary, kept up to date; every reasonable step must
be taken to ensure that personal data which are inaccurate in relation to the
purposes of their processing are erased or rectified without delay ("accuracy");

(e) kept in a form which permits identification of data subjects for no longer than
is necessary for the purposes for which the data are processed ("storage
limitation");

(f) processed in a manner that ensures appropriate security of the personal data,
including protection against unauthorised or unlawful processing and against
accidental loss, destruction or damage by appropriate technical and
organisational measures ("integrity and confidentiality").

(2) Generally, data will not be transmitted to third parties if there is no corresponding
obligation or if the performance of the contract or compliance with a legal deadline makes a
data transmission necessary, for example if the transmission of the data is necessary in
order for a third party provider to carry out a query for you that is necessary for the
performance of the contract, your data is forwarded to a payment provider or freelancers are
used in order to contribute to the fulfilment of a performance obligation towards you. In these
cases, the service providers will often have a contractual relationship with you, so they act
on their own responsibility.
(3) As soon as data is no longer required for the purpose of its processing and if there is no
further legal obligation to retain it, it will be deleted by us. We retain your data during the
initiation and execution of our contractual relationship. It may also be necessary to retain
data after termination of our contractual relationship. For example, invoice data (billing
documents) must be stored for 10 years in accordance with § 147 of the German Fiscal

Code (Abgabenordnung). As long as a service provider performing services for us also has a
contract with us for the performance of your service, we remain obligated to retain the data
in accordance with the agreed retention periods.
(4) You have the right to information, data transfer, deletion, correction, restriction or
blocking of your personal data. In particular, you have a right to free information about all
personal data.
Your request can be made to. You can find the contact details in our imprint:
www.mein-elysium.app/impressum.html. In addition, you have the right to
corresponding administrative or judicial remedies or to appeal to a supervisory authority.

§ 21 Liability and indemnification
(1) The User shall be liable to the Partner in all cases of contractual and non-contractual
liability in the event of intent and gross negligence in accordance with the statutory
provisions for damages or compensation for futile expenditure.
(2) In other cases, the User shall only be liable - insofar as not otherwise regulated in para. 3
- in the event of a breach of a contractual obligation, the fulfilment of which makes the proper
performance of the contract possible in the first place and on the observance of which you
as a contractual partner may regularly rely (so-called cardinal obligation), and this shall be
limited to compensation for the foreseeable and typical damage. In all other cases, our
liability is excluded subject to the provision in para. 3.
(3) The liability of the User for damages arising from injury to life, body or health and under
the Product Liability Act shall remain unaffected by the above limitations and exclusions of
liability.
(4) The Partner shall indemnify the User at first request against any claims of third parties
which are asserted against us and/or our vicarious agents due to possible culpable violations
of the Partner's obligations - in particular from these GTC. The partner shall compensate the
user for any damage incurred as a result of the claim by the third party, including any court
costs and lawyers' fees incurred for legal defence. In all other respects the statutory
provisions shall apply.

§ 22 Place of Performance, Applicable law, contractual language and place of
jurisdiction
(1) For all performances under the contract, it is agreed that the place of performance shall
be Crailsheim.

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN
Convention on Contracts for the International Sale of Goods. If the Partner is a merchant
and has its registered office in Germany at the time of the assignment, the exclusive place of
jurisdiction is the registered office of the User in Crailsheim. Otherwise, the applicable
statutory provisions shall apply to the local and international jurisdiction.
(3) Unless otherwise agreed in writing, the contractual language shall be German. All
translated legal texts or documents such as these GTC are solely for the purpose of better
understanding. In particular with regard to a contractual agreement as well as these GTC,
the data protection provisions or all other documents or legal texts, the German versions are
legally binding; this applies in particular in the event of deviations or differences in
interpretation between such legal texts or documents.
(4) The EU Commission has created an internet platform for the online settlement of
disputes - the alternative dispute resolution in accordance with the ODR Regulation and § 36
VSBG. This platform serves as a contact point for the out-of-court settlement of disputes
concerning contractual obligations arising from online sales contracts. More detailed
information is available at the following link: ec.europa.eu/consumers/odr
Participation in a dispute resolution procedure before a consumer arbitration board is not
obligatory and is not carried out by us.

§ 23 Final provisions
(1) Amendments and supplements to these General Terms and Conditions shall be made in
writing; we reserve the right to do so. Amendments require that you are not unreasonably
disadvantaged, that there is no breach of good faith and that you do not object to the
amendment. In the event of a change, notification shall be given via one of the
communication channels - in particular by e-mail - 2 months before it takes effect. The
amendment shall become effective if it is not objected to within this period - thereafter the
amended GTC shall become valid.
(2) We reserve the right to assign this contract to another company. It becomes valid 1
month after sending a notice of assignment to you via one of our communication channels -
in particular by e-mail. In the event of an assignment, you shall have a right of termination
which shall apply 1 month after receipt of the notification of assignment. All rights granted to
us shall at the same time be deemed granted to our legal successors.
(3) In the event that individual provisions of these GTC are invalid, the legal validity of the
remaining provisions shall not be affected. The invalid provision shall be replaced by a valid
provision which comes closest to the intended economic purpose.