General Terms and Conditions of OpinStar

Date of entry into force: May 14, 2024

Welcome to OpinStar (“the Company”, “we”, “us” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, services and products (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use our Services.

1. acceptance of the conditions

• By accessing our services, you declare that you have read, understood and agree to these terms and conditions.
• We reserve the right to change these terms and conditions at any time without prior notice. Your continued use of our services following a change will be deemed acceptance of the new terms.

2. use of the services

• You must be at least 18 years old or have legal capacity to enter into a binding contract and use our services.
• You agree to use our Services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations.
• You are solely responsible for your use of our Services and for any content you submit, post or transmit through our Services.

3. intellectual property

• All content and materials available on our Services, including but not limited to text, graphics, logos, images and software, are the property of OpinStar or its licensors and are subject to intellectual property protection.
• You may not modify, reproduce, distribute, transmit, display, publish or sell any content or materials obtained from our Services without our prior written consent.

4. data protection

• We collect and process your personal data in accordance with our Privacy Policy, which is incorporated by reference into these Terms.
• By using our services, you consent to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

5. limitation of liability

• OpinStar shall not be liable for any indirect, incidental, special, consequential or punitive damages or for any loss or profits, whether direct or indirect, or for any loss of data, use, goodwill or other intangible losses arising out of your access to or use of our services.
• In no event will OpinStar’s total liability for all claims related to our Services exceed the amount you may have paid to access or use our Services in the six (6) months prior to the first event or incident giving rise to such liability.

6. compensation

• You agree to indemnify, defend and hold OpinStar, its affiliates, officers, directors, employees, agents, licensors and service providers harmless from any claims, liabilities, damages, judgments, awards, losses, costs or expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms or your use of our Services.

7. dispute resolution

• All disputes arising out of or in connection with these Terms and Conditions shall be resolved by mediation or arbitration as agreed by the parties.
• The governing law and jurisdiction for the resolution of disputes shall be the laws of the State of Delaware, United States.

8. force majeure

• OpinStar shall not be liable for any delay or failure in the performance of these Terms due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages.

9. separability

• If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

10. storage and deletion of data

• We will only retain your personal data and any content you submit via our services for as long as necessary to fulfill the purposes for which it was collected, unless legal retention periods require longer storage.
• Our data retention and deletion practices are designed to protect your privacy while retaining all information necessary to provide you with our services. We only store your personal data, account information, transaction data and user-generated content for as long as is necessary for the specified purposes.
• Analytical data may be retained in aggregated and anonymized form for statistical and research purposes. At the end of the retention period or upon request for deletion, your data will be securely deleted or anonymized.
• Please note that due to our data backup and restore practices, some residual data may remain in our backup systems for a limited period of time, but will be securely deleted or overwritten according to our regular backup cycle.

11. changes to these terms and conditions

• We reserve the right to update these terms from time to time to reflect changes in our practices or legal requirements.
• We will notify you of any material changes by posting the updated terms and conditions on our website or through appropriate communication channels.

12. contact

If you have any questions, concerns or suggestions about these terms or our practices, please contact us:

OpinStar
organicer gmbh
Mühlebachstrasse 27
8008 Zurich
Switzerland
E-Mail: [email protected]
Phone: [Auf Anfrage]

By using our services, you confirm that you have read, understood and agree to these terms and conditions.