Terms of Service

(1) These Terms of Service (hereinafter AGB) apply to all contracts between Santiago Seibel, operating under the brand ProfileVerse (hereinafter Provider), Bessunger Straße 132, 64295 Darmstadt, and users of the profileverts.de platform (hereinafter Users or you).

(2) Deviating, conflicting or supplementary terms and conditions of the user do not become part of the contract unless the provider expressly agrees to their applicability in writing.

(3) A consumer within the meaning of these terms is any natural person entering into a legal transaction for purposes that are predominantly neither commercial nor self employed (§ 13 BGB). An entrepreneur is any natural or legal person or a legally competent partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).

(1) ProfileVerse is a web based platform that enables users to create and manage personalized bio link profiles. Depending on the chosen plan, the platform provides the following features:

(2) The provider reserves the right to reasonably further develop, change or restrict the scope of services of the platform. Material restrictions of service for existing subscriptions will be announced to the user at least 30 days in advance by email.

(3) The availability of the platform is targeted at 99% on an annual average, excluding planned maintenance. There is no legal entitlement to a specific availability for the Free Plan.

(1) Registration: By filling out and submitting the registration form on the platform, the user submits a binding offer to conclude a user agreement. Registration takes place via the authentication service Clerk.

(2) Confirmation: The provider accepts the offer by sending a confirmation email to the specified email address or by activating the user account.

(3) Conclusion: The user agreement is concluded upon receipt of the confirmation email or upon activation of the account. For paid plans, the subscription agreement is additionally concluded upon successful payment authorization via Stripe.

(4) The user must be at least 16 years old. By registering, the user confirms that they meet the required minimum age.

(5) There is no claim to the conclusion of a user agreement. The provider is entitled to reject registration requests without giving reasons.

(1) Billing interval: Paid plans can be booked either monthly or annually in advance. For the annual plan, the total amount is due once at the beginning of the term. All prices include statutory VAT; the provider is a small business under § 19 UStG and does not show VAT separately.

(2) Automatic renewal: The subscription automatically renews for the booked period (month) unless it is terminated in due time (see § 5). For annual bookings, the subscription automatically renews for another year unless it is terminated in due time.

(3) Due date: Payment is collected on the respective renewal date via the stored payment method (credit card, SEPA direct debit, etc.) via Stripe.

(4) Price changes: The provider reserves the right to adjust prices for future billing periods. Price increases will be communicated to the user by email at least 30 days before they take effect. If the user does not object to the price increase within 14 days, consent is deemed granted; this consequence is explicitly pointed out in the notification. In the event of objection, the user is entitled to terminate the subscription extraordinarily at the time the price increase becomes effective.

(5) Payment default: In the event of default, the provider is entitled to suspend access to paid functions until the outstanding amount has been settled (see also § 9).

(1) Term: Paid subscriptions are concluded for an indefinite period with a monthly or annual term, depending on the selected plan.

(2) Ordinary termination: Both parties may terminate the subscription at any time at the end of the current billing period. After termination, the subscription will no longer be renewed; access to paid features ends at the end of the paid billing period. For annual bookings, access to paid features ends at the end of the paid year.

(3) Termination method: Termination is only possible via the user dashboard under "Manage subscription" (Stripe Customer Portal) or by email to mail.profileverse@gmail.com possible.

(4) Extraordinary termination: The right to terminate for good cause remains unaffected. Good cause for the provider exists in particular in the case of serious or repeated violations of § 7 of these terms.

(5) The Free Plan is free and can be terminated at any time without notice. Payments already made for ongoing billing periods are not refunded unless required by law.

(1) Consumers generally have a statutory right of withdrawal when concluding a paid subscription pursuant to §§ 312g, 355 BGB. The full withdrawal instruction including model withdrawal form and note on the premature expiry when starting the digital service can be found at the following link:

Withdrawal instruction →

(1) The user is obliged to use the platform exclusively within the scope of applicable law and these terms.

(2) The following content and behaviors are expressly prohibited:

• Illegal content: Content that violates applicable law, in particular criminal content (e.g. incitement to hatred, child pornography, glorification of violence, terrorist content within the meaning of EU TCO Regulation).
• Copyright infringements: Distribution of copyrighted content without the appropriate license or permission of the rights holder.
• Spam: Unwanted mass messages, automated abuse of the platform or linking to spam resources.
• Malware & harmful software: Distribution of viruses, trojans, ransomware or other harmful software or links to such resources.
• Misleading or deceptive content that harms third parties.
• Systematic scraping or automated access to the platform without express authorization.
• Using the platform to commit fraud or other criminal acts.

(3) The user is solely responsible for all content they post. They warrant that they have all necessary rights to the content provided.

(1) Limitation of liability: The provider is liable without limitation for damages resulting from injury to life, body or health as well as for intentional or grossly negligent breaches of duty and for defects fraudulently concealed.

(2) For slight negligence, the provider is only liable for breach of a material contractual obligation (cardinal obligation), the fulfillment of which makes proper performance of the contract possible in the first place and on which the user regularly relies. In these cases, liability is limited to the typically foreseeable damage. Otherwise, liability for slight negligence is excluded.

(3) External links: The platform enables users to include external links. The provider assumes no responsibility for the content of linked external websites. The linked pages are solely the responsibility of their respective operators.

(4) The foregoing limitations of liability do not apply insofar as the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item, as well as in the case of liability under the Product Liability Act.

(1) Suspension for violations: The provider is entitled to temporarily suspend or permanently delete a user's account if the user violates these terms, in particular § 7, or harms third parties by using the platform. Before permanent suspension, the user is usually warned unless the violation is so serious that immediate suspension is proportionate.

(2) Suspension for payment default: In the event of payment default, the provider is entitled to suspend access to paid functions until all outstanding amounts have been settled.

(3) The provider sends the user notification of a suspension and its justification by email to the registered email address.

(4) mail.profileverse@gmail.com The provider will review the objection within 14 days and inform the user of the result.

(1) The user indemnifies the provider from all claims of third parties arising from unlawful use of the platform by the user or from a breach of these terms. This includes the costs of reasonable legal defense.

(2) The indemnification obligation does not arise if the user is not responsible for the legal violation.

(3) In the event of a justified claim against the provider, the user undertakes to fully and immediately assist the provider in defending against such claims.

(1) Procedure for reporting unlawful content: Any person can report unlawful content on ProfileVerse by email to mail.profileverse@gmail.com. The report should include the following information: (a) URL of the affected content, (b) description of the alleged unlawfulness, (c) contact details of the reporter (where reasonable).

(2) Handling of reports: The provider examines incoming reports carefully and promptly. In the case of clearly unlawful content, it will be blocked or removed without delay. Otherwise, the affected user will be heard before any action is taken, if this is practically possible.

(3) Contact point for authorities: Authorities may contact the provider at mail.profileverse@gmail.com. Orders to remove or block content will be processed in accordance with Art. 9 DSA.

(4) Moderation rules and transparency: The principles according to which content is moderated are set out in these terms (§ 7) and in the Community Guidelines.

(5) Notification of restrictions: In the event of content or account suspension or removal, the provider informs the affected user about the measure, its justification and available legal remedies (see § 9 para. 3 and 4 of these terms).

(1) Information on the collection and processing of personal data can be found in our Privacy Policy.

(1) The provider reserves the right to amend these terms. Changes will be communicated to the user at least 30 days before they take effect by email to the registered address.

(2) If the user does not object to the amendment within 14 days of receipt of the notice, consent to the amended terms is deemed granted. This and the objection period are explicitly pointed out in the notice.

(3) In the event of an objection, the user is entitled to terminate the contractual relationship extraordinarily at the time the amendments come into effect.

(1) German law (Federal Republic of Germany) applies to the exclusion of the UN Sales Convention (CISG). For consumers, this choice of law applies only insofar as mandatory consumer protection provisions of the country in which the consumer has their habitual residence are not displaced.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive jurisdiction for all disputes arising from this contractual relationship is Darmstadt.

(3) The EU Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr/. The provider is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

(1) Should individual provisions of these terms be wholly or partially invalid, this shall not affect the validity of the remaining provisions.

(2) Side agreements, changes and additions to this contract must be made in text form (email is sufficient), unless a stricter form is required by law.