Terms of Service

1.1 These Terms of Use govern contracts between NEVERGONE GmbH, Burtscheider Str. 30, 50933 Cologne, registered with the Commercial Register of the Cologne Local Court under HRB 128932, VAT identification number DE359540228 ("NEVERGONE", "we"), and natural persons who use the NEVERGONE application for private purposes that are not predominantly commercial ("Users", "you"). 1.2 Users within the meaning of these Terms are consumers pursuant to Section 13 of the German Civil Code (BGB). If you act predominantly for commercial or self-employed professional purposes, in particular as an organization, the separate Terms and Conditions for Business Customers apply instead. 1.3 Deviating terms of the User shall not apply unless NEVERGONE expressly agrees to their applicability in text form. 1.4 Registration is reserved for natural persons of legal age.

2.1 NEVERGONE provides a software application with which Users can upload their own memory materials — photos, videos, letters, voice recordings, and comparable content ("Content"). With the help of artificial intelligence, this Content is structured by time, place, and person and combined into an interactive digital representation ("Digital Twin"). 2.2 Depending on the booked plan (§ 4), the User may grant selected third parties ("Contributors") access to the Digital Twin or allow them to contribute their own content. 2.3 The Digital Twin is an AI-assisted approximation of the uploaded memories. NEVERGONE does not warrant that statements, reactions, or representations of the Digital Twin accurately reflect the real depicted person in every detail; Users should communicate this transparently to Contributors, in particular children. 2.4 NEVERGONE is entitled to adapt the application as part of its ongoing development, provided that the core functionality for the User is preserved; material changes will be announced in advance.

3.1 Use of the application requires a User account with accurate and complete information. 3.2 The User shall keep their access data confidential and secure them carefully. They shall inform NEVERGONE without undue delay if there are indications of misuse of their account. NEVERGONE will never ask for a password by email or telephone. 3.3 The User is liable for activities carried out using their account, unless they are not responsible for the misuse. 3.4 NEVERGONE may temporarily suspend an account in the event of a specific, serious violation of these Terms of Use; except in cases of imminent danger, this shall only occur after a reasonable deadline has been set for remedy. NEVERGONE shall lift the suspension without undue delay as soon as the violation has ended.

4.1 NEVERGONE offers the Creator (free), Standard, and Premium plans in accordance with the service description set out at nevergone.tech/pricing. The specific scope of services (storage space, number of Contributors, shareability of the Digital Twin, among others) results from this service description at the time of booking. 4.2 Unless stated otherwise, prices for paid plans include the applicable statutory value-added tax. Promotional and discount offers (e.g., a free first month or a free annual license for early users) apply in accordance with the conditions communicated for the respective promotion; NEVERGONE will point out in good time before the end of a free trial period that the subscription will automatically convert into a paid subscription unless cancelled. 4.3 Paid subscriptions shall automatically renew for the respective billing period unless the User cancels at least one day before the end of the current period (§ 8). For this purpose, NEVERGONE provides an immediately and easily accessible cancellation button on its website in accordance with Section 312k BGB. 4.4 Under the free Creator plan, the User receives the application free of charge; in return, personalized advertisements based on their usage will be displayed to them. NEVERGONE obtains the data protection and telemedia law consent required for this (including under the German Telecommunications-Telemedia Data Protection Act (TTDSG)) separately via the privacy and cookie settings; mere use of the Creator plan does not replace this consent, and refusal thereof does not automatically result in loss of free access, provided that a non-personalized alternative is offered.

5.1 Consumers are generally entitled to a statutory right of withdrawal for contracts concluded at a distance. Withdrawal Instructions Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us, NEVERGONE GmbH, Burtscheider Str. 30, 50933 Cologne, email: info@nevergone.tech, by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification concerning the exercise of the right of withdrawal before the withdrawal period has expired. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this repayment. If you requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal in respect of this contract, compared with the total scope of services provided for in the contract. Expiry of the Right of Withdrawal for Digital Content and Services Your right of withdrawal expires prematurely if NEVERGONE has begun performing the service or providing the digital content after you have expressly agreed that NEVERGONE may begin performing the contract before expiry of the withdrawal period and you have simultaneously confirmed your knowledge that, by giving your consent, you lose your right of withdrawal once performance begins (Section 356 (4), (5) BGB). Model Withdrawal Form (If you wish to withdraw from the contract, please complete and return this form.) To NEVERGONE GmbH, Burtscheider Str. 30, 50933 Cologne, email: info@nevergone.tech: I/we hereby give notice that I/we withdraw from my/our contract for the provision of the following service: [Name of plan] — Ordered on: [Date] — Name of consumer(s): — Address of consumer(s): — Signature of consumer(s) (only if this form is notified on paper): — Date:

6.1 Rights to the Content uploaded by the User remain with the User or the respective rights holders. 6.2 The User grants NEVERGONE a simple right of use, limited to the term of the contract, to store, process and structure the Content using artificial intelligence, and to make it accessible to the User and to the Contributors approved by the User. 6.3 The User warrants that they are entitled to upload the Content. If Content contains images, voices, or personal data of third parties — such as living relatives or other depicted persons — the User must have the necessary rights, consents, or, as an heir, the requisite authority. The User shall indemnify NEVERGONE against third-party claims arising from a breach of this warranty. 6.4 NEVERGONE takes precautions in line with the state of the art for the regular backup of stored Content. Irrespective of this, the User may fully export their Content at any time, in any plan, in a common format; NEVERGONE recommends making regular use of this, in particular for content of special personal value.

7.1 The processing of personal data by NEVERGONE is governed by the Privacy Policy. 7.2 If Content uploaded by the User contains personal data of third, living persons (e.g., family members), the User is responsible for ensuring a valid legal basis under data protection law for this processing; NEVERGONE processes this data as a technical service provider on behalf of the User. 7.3 The General Data Protection Regulation does not apply directly to personal data of deceased persons, pursuant to its Recital 27; this does not affect the post-mortem protection of personality rights or the protection of personal data of living persons who are also depicted in the same Content.

8.1 The contract for the free Creator plan runs for an indefinite period and may be terminated by either party at any time without notice. Paid subscriptions run for the selected billing period and may be terminated by the User at any time, effective at the end of the current period (§ 4.3); the right to extraordinary termination for good cause remains unaffected. 8.2 Digital Legacy: The User may designate one or more persons as a legacy contact in their account settings. If a legacy contact proves the User's death to NEVERGONE (e.g., by means of a death certificate), they shall, in accordance with the settings specified by the User, be granted access to the Digital Twin and the stored Content and may continue the contract as a new User or request its termination. If the User has not designated a legacy contact, the contractual rights and obligations shall pass to their heirs under the applicable rules of statutory succession; NEVERGONE may require proof of heir status before granting access. Note: This clause presupposes that NEVERGONE actually offers a corresponding legacy-contact mechanism — please verify against the product before this clause becomes binding. 8.3 After termination of the contract, the User's Content will be retained for export for 30 days and then deleted, unless a statutory retention obligation precludes deletion.

9.1 NEVERGONE shall be liable without limitation for intent and gross negligence, as well as for injury to life, body, or health, and in cases of mandatory statutory liability (e.g., under the Product Liability Act). 9.2 In the case of slightly negligent breach of material contractual obligations ("cardinal obligations" — obligations whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the User may regularly rely), NEVERGONE's liability is limited to the foreseeable damage typical for the type of contract at the time the contract was concluded. In all other respects, liability for slightly negligent breaches of duty is excluded. 9.3 Liability for the loss of Content remains unaffected by the foregoing limitations to the extent the loss is due to a breach of the backup obligation under § 6.4; otherwise, reference is made to the User's own obligation to export under § 6.4. 9.4 Any further liability of NEVERGONE is excluded.

10.1 German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the User has their habitual residence in another EU Member State, mandatory consumer-protection provisions of the law of that state shall remain unaffected by this choice of law. 10.2 The statutory rules on jurisdiction shall apply to actions by NEVERGONE against the User and to actions by the User against NEVERGONE; no jurisdiction agreement, as is customary in contracts with businesses, shall be entered into with consumers. 10.3 NEVERGONE is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act. Note: please confirm whether this reflects the desired positioning. 10.4 The invalidity of individual provisions shall not affect the validity of the remaining provisions.

1.1 These General Terms and Conditions ("GTC") govern the provision of the AI-supported software-as-a-service application offered by NEVERGONE GmbH, Burtscheider Str. 30, 50933 Cologne, registered with the Commercial Register of the Cologne Local Court under HRB 128932, VAT identification number DE359540228 ("NEVERGONE"), for creating interactive digital twins from personal and institutional memory materials ("NEVERGONE Application"), as well as the provision of related further services, e.g., consulting, implementation, integration, development, and other services. 1.2 NEVERGONE offers the services governed by these GTC exclusively to businesses within the meaning of Section 14 BGB, i.e., natural or legal persons or partnerships with legal capacity who, when concluding the usage agreement, act in the exercise of their commercial or self-employed professional activity ("Customer"). For contracts with natural persons using the NEVERGONE Application as consumers (Section 13 BGB), only the separate NEVERGONE Terms of Use for Consumers shall apply. 1.3 The services to be provided by NEVERGONE in the individual case, as well as the specific scope of services of the NEVERGONE Application, are conclusively set out in the respective usage agreement ("Usage Agreement"). The Usage Agreement comprises the description of the services presented in the ordering process, including these GTC and the applicable Subscription Terms [placeholder: URL of the Subscription Terms for business customers]. The Customer's general terms and conditions shall not apply.

2.1 A Usage Agreement is concluded by the Customer submitting an offer to conclude the Usage Agreement on NEVERGONE's website or via the established User account, and NEVERGONE accepting this offer. The persons designated as administrators in the Customer's User account are authorized by the Customer to book usage models, subscriptions, and other usage options selectable in the ordering process ("Usage Model") in accordance with the Subscription Terms, and to make the declarations required for this purpose. 2.2 By clicking the order button, the Customer submits a binding offer to conclude the Usage Agreement. The Customer may correct their entries before submitting their contractual declaration using the correction aids provided in the ordering process. The Usage Agreement is concluded upon receipt by the Customer of NEVERGONE's declaration of acceptance by email. The Customer may save the contract text (including these GTC, the Subscription Terms, and the service description displayed in the ordering process) during the ordering process and before conclusion of the contract using their browser's print or save function. The languages of the contract are German and English.

3.1 With the help of the NEVERGONE Application, the Customer can create interactive digital twins ("Digital Twins") using artificial intelligence from materials owned by the Customer or lawfully made available to it — including photos, videos, audio recordings, letters, and comparable documents ("Customer Content"). Digital Twins may be used by the Customer in particular for preserving institutional knowledge, such as documenting founding personalities, company history, and cultural and organizational experiential knowledge. 3.2 NEVERGONE acts as a purely technical service provider. The Customer is responsible for the accuracy, completeness, and lawfulness of the Customer Content and any materials provided by third parties ("Third-Party Content"). If the Customer wishes to use Third-Party Content, such content shall be deemed to have been provided by the Customer. NEVERGONE is not obliged to review Customer Content, Third-Party Content, or the Digital Twins created with the help of the NEVERGONE Application for accuracy or completeness; NEVERGONE does not owe or warrant their accuracy or completeness. 3.3 A Digital Twin is an AI-supported approximation of the underlying Customer Content and is not an authentic reproduction of the depicted person. Due to the technical nature of artificial intelligence, there is a risk that statements, reactions, or assessments reproduced by the Digital Twin may be inaccurate or falsely attributed to the depicted person. The Customer is obliged to have each Digital Twin created with the help of the NEVERGONE Application reviewed for accuracy, completeness, and appropriateness by suitable personnel before internal or external use ("human-in-the-loop principle"), in particular before it is used for representational, training, or communication purposes. 3.4 Digital Twins created with the help of the NEVERGONE Application shall be made available to the Customer for review via the User account of the commissioning User upon completion. If they are provided in a form that cannot be modified by the User, the commissioning User shall have five (5) business days from provision of the final version to approve it or request revision; if no request for revision is made within this period, the Digital Twin shall be deemed to conform to the contract. 3.5 The Customer may assign roles to its authorized employees and other designated natural persons ("Authorized Users"): Viewers may, within the scope of the functionalities provided, view and interact with released Digital Twins. Curators may upload Customer Content, create and edit Digital Twins, and set the framework parameters therefor; they are also responsible for the review pursuant to item 3.3. Administrators manage Authorized Users, assign roles, activate Viewers, book and manage Usage Models, and decide on the allocation of booked quotas. 3.6 The specific scope of services, the scope of included quotas (including storage space, number of Curators/Viewers, AI processing minutes), and other usage-model-related conditions are further governed by the Subscription Terms [placeholder: URL] and the service description in the ordering process. 3.7 NEVERGONE's area of responsibility ends at the IP router output of the internet connection of the data center in which the server provided by NEVERGONE or a commissioned external data center service provider is located. 3.8 Compliance with the system requirements necessary for use (functioning internet access, up-to-date standard browser, up-to-date device with microphone and audio/video output) falls within the Customer's area of responsibility; the same applies to internal security measures that could impair use. 3.9 NEVERGONE may, as part of its ongoing development, change the technical requirements for access to the NEVERGONE Application or individual functions and restrict functionalities if this is necessary for a compelling reason not foreseeable at the time the contract was concluded, and provided that the balance between performance and consideration is not shifted to the Customer's disadvantage. Material changes will be announced to the Customer in advance.

4.1 Unless otherwise agreed, NEVERGONE shall provide the NEVERGONE Application with an average monthly availability of 97% (on a 24/7 basis). Scheduled maintenance work outside support hours (item 4.3) of up to a total of ten (10) hours per month, as well as outages due to circumstances beyond the control of NEVERGONE or its subcontractors (e.g., force majeure, disruptions at telecommunications providers), shall not be considered downtime. Note: These figures have been carried over unchanged from the go AVA template and must be reconciled with actual operations before use. 4.2 NEVERGONE shall keep the NEVERGONE Application in a condition suitable for contractual use during the contract term and shall provide available bug fixes, patches, and updates, unless these are offered as a separately chargeable additional service. 4.3 In the event of technical faults, NEVERGONE shall provide support in German and English. There is no entitlement to support via a specific channel unless separately agreed. Non-automated support is provided Monday to Friday (excluding nationwide public holidays and public holidays in North Rhine-Westphalia) from 9:00 a.m. to 5:00 p.m. CET ("Support Hours"). 4.4 The Customer shall notify NEVERGONE of identified faults without undue delay in reproducible form and shall support NEVERGONE, to the extent reasonable, in fault analysis. 4.5 The following response times apply to faults that can be remedied remotely: Priority 1 (critical fault, no use possible, no workaround) 10 hours; Priority 2 (significant fault, workaround available or only moderate impact) 20 hours; Priority 3 (minor fault) 80 hours. Response times run exclusively within Support Hours.

5.1 Access is password-protected. The Customer shall keep access data confidential, carefully secure any required hardware, and inform NEVERGONE without undue delay of any indications of misuse. NEVERGONE will never ask for passwords by email or telephone. The Customer is liable for activities carried out using its access credentials, unless it is not responsible for the misuse. 5.2 Activities that could endanger the system security or integrity of the NEVERGONE Application, or cause an unreasonable burden on its infrastructure, are prohibited. 5.3 NEVERGONE may temporarily suspend access if there are specific indications of a violation of statutory or contractual provisions that could have negative consequences for NEVERGONE; except in cases of imminent danger, this shall only occur after a deadline for remedy has been set. Suspension is also permissible if the Customer is in default with payment of at least one month's fee. NEVERGONE shall lift the suspension without undue delay as soon as the violation has ended.

6.1 The Customer shall ensure that the processing by NEVERGONE of data and information transmitted by or on behalf of the Customer, together with all entries made by Authorized Users (collectively "Customer Data"), which occurs in connection with use of the NEVERGONE Application, is permissible and does not violate statutory provisions or the rights of third parties. Since Customer Data regularly contains images, voices, names, and biographical information of persons who are not themselves party to the contract — including founding personalities and other historical or current members of the organization — the Customer shall obtain, prior to transmission, all consents required for this purpose from the persons concerned, or their heirs or other authorized parties. For depicted persons who are already deceased, the Customer shall ensure that post-mortem protection of personality rights is upheld and that the necessary consent of relatives or heirs has been obtained. 6.2 NEVERGONE takes precautions in line with the recognized state of the art to prevent unauthorized third-party access to Customer Data, including standard market virus scanners and firewalls. 6.3 The Customer shall provide NEVERGONE only with copies of Customer Data and shall ensure that originals and adequate backup copies are available at all times with the Customer or a third party. NEVERGONE is not obliged to back up Customer Data beyond the measures described in item 6.2, and shall not be liable for data loss to the extent it results from the Customer's failure to maintain adequate backup copies. 6.4 Subject to the export functionalities provided by NEVERGONE, the Customer is responsible for regularly and separately backing up the data stored for it. 6.5 The Customer grants NEVERGONE the right to aggregate and/or anonymize Customer Data and results generated from it, including technical/organizational usage data (e.g., log files), and to use such data in this form to optimize (including train) the NEVERGONE Application and to develop new products. Aggregated/anonymized data shall not be considered Customer Data within the meaning of these GTC. 6.6 NEVERGONE stores Customer Data in the original format or an open standard (e.g., JSON, XML) and shall provide the Customer, at any time upon request, with a complete export of individual or all Customer Data. In the event of a change of provider or insourcing, NEVERGONE shall support the Customer with a lead time of two (2) months by providing the necessary interfaces, tools, and information on data structures; any more than minor additional effort may be made subject to reasonable remuneration.

7.1 These provisions apply insofar as NEVERGONE provides services under the Usage Agreement that go beyond the provision of the NEVERGONE Application. 7.2 Unless otherwise agreed in writing, these services shall be rendered on the basis of service contract law; NEVERGONE shall apply the care customary in the trade. 7.3 NEVERGONE is free to organize the provision of services (with the exception of data processing on behalf of the Customer) and is not subject to any instructions from the Customer regarding the duration, manner, or place of its activities. 7.4 If NEVERGONE is prevented from completing the order on time, it shall inform the Customer thereof within a reasonable period.

8.1 The Customer's right of use to the NEVERGONE Application and the associated documentation is limited to the scope and term of the Usage Agreement. 8.2 All rights to the NEVERGONE Application, including software, source and object code, models/algorithms, system design, user interfaces, templates, and documentation, remain with NEVERGONE or its licensors. NEVERGONE grants the Customer, for the term of the contract, a simple, non-exclusive, non-transferable, and non-sublicensable right to use the NEVERGONE Application and the Digital Twins created with its help that are exportable pursuant to item 8.3, exclusively for internal business purposes within the contractually agreed scope. Usage rights are granted as personal named-user licenses unless concurrent-user licenses are expressly agreed; transfer to another user is only permissible upon the definitive departure or permanent change of function of the previous user, and only if that user's use is completely discontinued. 8.3 The export of Digital Twins and other content created with the help of the NEVERGONE Application is only permissible if and to the extent provided for in the booked Usage Model or separately agreed. Unless otherwise agreed in text form, exported content may only be used for internal purposes by the Customer's own employees. 8.4 Unless permitted otherwise by mandatory law or agreed otherwise in writing, the following are prohibited: reproducing, editing, or publishing content provided by NEVERGONE outside the NEVERGONE Application; reselling, renting, sublicensing, or otherwise transferring the application or access thereto to third parties; and reverse engineering, decompiling, or otherwise technically analyzing the application. 8.5 The Customer is not entitled to use Digital Twins created by NEVERGONE, or components thereof, to create its own media or to train its own or third-party AI models, unless NEVERGONE has given its prior express written consent. 8.6 Rights to the Customer Data remain with the Customer or the respective rights holders. The Customer grants NEVERGONE a simple right of use, limited to performance of the contract, to store, host, reproduce, structure, and make the Customer Data accessible within the NEVERGONE Application. The Customer warrants that it has all rights, consents, and other authorizations necessary for this purpose (including copyright, personality rights, and data protection legal bases).

9.1 The Customer shall provide NEVERGONE with reasonable support in the provision of services and ensure that Authorized Users cooperate to the extent required. 9.2 The Customer shall use the NEVERGONE Application exclusively within the contractually intended purpose and applicable statutory provisions, in particular provisions of copyright, trademark, personality rights, data protection, criminal, and youth protection law. 9.3 The Customer is solely responsible for all content it uploads, in particular for its lawfulness, accuracy, and freedom from third-party rights. The Customer may not use the NEVERGONE Application, Digital Twins, or generated or edited content for identity deception, impermissible deepfake-like uses, or otherwise in a manner that deceives as to the nature of the interaction, the identity of a depicted person, or the origin of content and statements. The Customer shall support NEVERGONE to a reasonable extent in clarifying security incidents, cases of misuse, or legal infringements, to the extent attributable to its sphere. 9.4 If the Customer uses interfaces provided by NEVERGONE to third-party systems, it shall ensure that such use is covered by the licenses acquired for the third-party systems. 9.5 If the Customer culpably breaches its obligations under these GTC, in particular in connection with Customer Data, or if Customer Data violates statutory provisions, third-party rights, or contractual commitments, the Customer shall indemnify NEVERGONE against all resulting third-party claims, including reasonable legal defense costs.

10.1 The parties shall treat all confidential information disclosed in connection with the Usage Agreement as confidential and use it only for contractually agreed purposes; excepted are employees and advisors involved in the performance of the contract who are bound to secrecy. 10.2 Confidential information means trade secrets within the meaning of Section 2 No. 1 of the German Trade Secrets Act (GeschGehG) and other information designated as confidential or confidential by its nature; excepted are information that is in the public domain, already lawfully held without a confidentiality obligation, or received from a third party entitled to disclose it. 10.3 If there is a statutory or official disclosure obligation to a public authority, the disclosing party is entitled to make such disclosure; the scope shall be kept as limited as possible and the other party shall be informed without undue delay. 10.4 After termination of the contract, each party shall, at its own expense, return or delete confidential information received, except where subject to a statutory retention obligation or contained in automatically generated backup copies. 10.5 The confidentiality obligation shall continue for three years after termination of the contract.

11.1 The parties undertake to comply with all applicable data protection laws. 11.2 The separate data processing agreement concluded between the parties shall govern the processing of personal data by NEVERGONE on behalf of the Customer in the course of providing the services. The Customer shall note in particular that Digital Twins may frequently contain particularly sensitive information (including regarding health, religious, or political beliefs) disclosed in uploaded letters, voice recordings, or photos, and shall ensure that a valid legal basis under data protection law exists for this (in particular Art. 9 GDPR).

12.1 The contract term and termination conditions are governed by the Subscription Terms [placeholder: URL]. 12.2 Terminations and other declarations of termination shall require at least text form, unless otherwise stipulated. 12.3 In the event of termination of the contract and closure of the NEVERGONE account, NEVERGONE shall, upon request, provide or delete the Customer Data in accordance with item 6.6. Materials provided shall be returned unless they are intended to remain with NEVERGONE, are copies, are subject to statutory retention periods, or are system-generated backup copies.

13.1 Except in the case of breach of material contractual obligations, NEVERGONE shall be liable for damages only in the event of intent or gross negligence on the part of its legal representatives, executive employees, or other vicarious agents. In the case of breach of material contractual obligations — i.e., obligations whose fulfilment is essential to the proper performance of the contract in the first place, on whose observance the contractual partner may regularly rely, and whose breach jeopardizes the achievement of the purpose of the contract — NEVERGONE shall be liable for any culpable conduct of its vicarious agents. 13.2 Except in the case of intent or gross negligence, NEVERGONE's liability shall be limited in amount to the damage typically foreseeable at the time the contract was concluded. 13.3 NEVERGONE's liability for all cases of damage caused within one contract year under item 13.2 shall be limited to a maximum of 100% of the remuneration paid by the Customer in the respective contract year. 13.4 Any further liability of NEVERGONE is excluded; the same applies to the personal liability of its legal representatives, executive employees, and other vicarious agents. 13.5 The foregoing limitations of liability shall not apply to expressly assumed guarantees, to damages resulting from injury to life, body, or health, or in cases of mandatory statutory provisions. 13.6 If NEVERGONE provides free-of-charge services to the Customer (e.g., as part of a free trial), NEVERGONE shall, by way of derogation from the foregoing provisions, be liable only for intent, gross negligence, express guarantees, and damages resulting from injury to life, body, or health, and in cases of mandatory statutory provisions. Further claims of the Customer are excluded.

14.1 NEVERGONE is entitled to name the Customer as a reference partner in connection with its range of services, using the Customer's logo, in a manner customary in the market and appropriate. 14.2 Further forms of advertising (e.g., success stories) require the Customer's prior approval.

15.1 German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. 15.2 The exclusive place of jurisdiction for all disputes in connection with a Usage Agreement shall be NEVERGONE's registered office (Cologne).

16.1 NEVERGONE may notify the Customer of amendments to these GTC, the Subscription Terms, or other components of the Usage Agreement at any time in text form, with at least four (4) weeks' notice before the intended effective date. Proposed amendments shall only become effective if the Customer agrees to them in accordance with the following provisions. 16.2 In the case of a material amendment — in particular if the type or scope of services or the termination provisions would shift significantly in NEVERGONE's favor to the Customer's disadvantage — NEVERGONE shall request the Customer's express consent. An amendment is not material if it is based on a change in the legal situation or a final court decision. 16.3 In the case of non-material amendments, the Customer's consent shall be deemed to have been given if the Customer does not object to the amendment in text form before it takes effect; NEVERGONE shall separately point out in its notification the right to object, the deadline, and the consequences of failing to object.

17.1 NEVERGONE is entitled to engage affiliated companies and other third parties to perform the services owed under the contract. 17.2 NEVERGONE is released from its obligation to perform in the event of force majeure, in particular in the case of lawful industrial action, official measures, failure of third-party communication networks, or disruptions in the area of network providers. 17.3 There are no oral collateral agreements. Amendments and supplements require written form; the same applies to a waiver of this written-form requirement. Section 305b BGB remains unaffected. 17.4 All declarations in connection with a Usage Agreement require text form, unless otherwise stipulated in the Usage Agreement. 17.5 The invalidity of individual provisions shall not affect the validity of the remaining provisions; an invalid or missing provision shall be replaced by a legally permissible provision that comes closest to the economic intent of the parties.