General Terms and Conditions

General Terms and Conditions of 10Scale GmbH

§1 – Scope of the GTC and contractual partners

10Scale GmbH is the operator of the OptionEarner.com website.

10Scale GmbH offers and distributes seminars and digital content/products via the
website www.optionearner.com, which are sent to you by e-mail and/or as PDF files
(electronic texts). Special conditions apply for this, to which we expressly refer:

Conditions for seminars

1. The number of participants in this seminar is limited. Participation is in the order in
   which registrations are received, there is no right to participate.
2. Participation is only binding after payment of the invoice.
3. OptionEarner is entitled to withdraw from the contract at short notice if an insufficient number of participants have registered for the seminar by this time. An insufficient number of participants is generally deemed to be less than 7 persons. However, OptionEarner is free to hold seminars with a smaller number of registered participants in individual cases. If the participant has already paid seminar fees to OptionEarner, these will be refunded in the amount paid. Further claims by the
   participant are excluded.
4. Cancellation conditions: As seminar places cannot be filled at short notice, we have to charge a 50% cancellation fee from 8 weeks before the start of the seminar, a 75% cancellation fee from 4 weeks before the start of the seminar and a 100% cancellation fee fourteen working days before the start of the seminar. The contract must be withdrawn from in writing.
5. Changes to the seminar program: Our seminars are planned for the very long term, which is why we reserve the right to make changes to the seminar program in exceptional cases, for example with regard to the date of the event or the speakers. We will inform the participant of the postponement or cancellation. Further claims by the participant are excluded.
6. The right of withdrawal expires with the start of the contract, i.e. with the start of the seminar and/or with the handing over of the seminar documents.

All services and deliveries of 10Scale GmbH, Lofererstraße 1a, 81671 Munich, Germany (hereinafter referred to as “10Scale” or “we”), which are based on an order placed by the customer (hereinafter referred to as “customer” or “you”) via the online portal of OptionEarner.com (hereinafter referred to as “portal”), are provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order. Unless expressly agreed in text form, any deviating, supplementary or conflicting terms and conditions of the customer shall not apply.

Customers within the meaning of these GTC are both consumers and entrepreneurs. Consumers within the meaning of these GTC are natural persons who place an order for a purpose that cannot be attributed primarily to their commercial or independent professional activity. Entrepreneurs within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the contract.

Provider of the portal and contractual partner for orders placed on the basis of these GTC is 10Scale GmbH, Lofererstraße 1a, 81671 Munich, Germany: info@optionearner.com, Commercial Register Local Court Munich, Register number 264768, VAT identification number according to §27 a Value Added Tax Act: DE342760816

§2 – Conclusion of contract, storage of the contract text

The presentation of the products on the OptionEarner.com portal does not constitute a legally binding offer to conclude a contract on the part of 10Scale, but merely a non-binding invitation to place an order. A legally binding offer to conclude a contract is only made by the customer, who can submit this offer by placing an order with OptionEarner.com on the portal. A customer profile is required to place an order.

The customer’s order and the conclusion of the contract take place according to the following
steps:

The customer selects products and places them in the shopping cart.

After entering their personal data and selecting the payment method, the customer confirms their order by clicking on the “Buy now” button.

10Scale sends the customer an automatic order confirmation by e-mail, which constitutes acceptance of the order.

The text of the contract is saved by 10Scale and sent to the customer by e-mail. The customer can also view his order data at any time via the customer area of the portal.

§3 – Products, subscription and termination

The products offered via the portal are generally subscriptions that are automatically renewed unless they are canceled in due time. It is not possible to change subscriptions during the term.

Cancellations can be made at any time up to 3 days before the end of the subscription period via the “Cancel” function in the customer area of the portal or by e-mail to info@optionearner.com.

§4 – Right of withdrawal

Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The period begins on the day the contract is concluded. To exercise the right of withdrawal, the customer must send a clear declaration by e-mail or post to 10Scale GmbH.

§5 – Payment

Payment is made by credit card, SEPA direct debit, PayPal or another payment method specified in the order process. All payments must be made in advance.

§6 – Liability and warranty

10Scale is only liable for damages caused by intent or gross negligence. 10Scale accepts no liability for technical faults that are beyond 10Scale’s control.

§7 – Data protection

10Scale GmbH takes the protection of your personal data very seriously. The collection, processing and use of your personal data is carried out exclusively in accordance with the statutory provisions of Swiss data protection law and the General Data Protection Regulation (GDPR) of the European Union, where applicable.

Data collected: When you use our portal and order our products, we collect personal data such as your name, address, e-mail address, payment information and any other necessary information. This data is used exclusively to execute the contract, to process payments and to improve our offer.

Processing and storage: Your personal data will only be stored for as long as is necessary for the fulfillment of the contract or due to legal retention obligations. After fulfillment of the contract or expiry of the legal deadlines, your data will be deleted, unless you have expressly consented to further use.

Disclosure to third parties: Your data will only be disclosed to third parties in the context of contract processing, in particular to payment service providers, hosting service providers or shipping service providers, insofar as this is necessary for the fulfillment of the contract. Your data will not be passed on to third parties beyond this unless you have expressly consented to this or we are obliged to do so by law

Rights of data subjects: You have the right to receive information about the personal data stored by us at any time. You also have the right to rectification, erasure, restriction of processing and the right to data portability. You also have the right to object to the processing of your data at any time or to withdraw your consent.

Data security: 10Scale uses appropriate technical and organizational security measures to protect your data from loss, misuse, unauthorized access, disclosure or alteration. These security measures are regularly improved in line with technological developments.

Contact for data protection: If you have any questions about data protection, the processing of your personal data or the exercise of your rights, please contact: E-mail: info@optionearner.com.

Further information on data protection can be found in our privacy policy, which is available on
our website at any time.

§8 – Information on dispute resolution

The European Commission provides a platform for online dispute resolution (so-called ODR
platform), which you can find at the following link: https://ec.europa.eu/consumers/odr.

10Scale GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§9 – Amendments, place of performance, place of jurisdiction, applicable law, contract language

Amendments to the GTC: 10Scale reserves the right to amend these GTC if necessary in order to comply with legal requirements, changes in service or technical developments. Changes will be communicated to the customer in text form. If the customer does not object to the amendments within one month of receipt of the notification of amendment, they shall be deemed to have been accepted.

Place of performance and jurisdiction: The place of jurisdiction for all disputes arising from or in connection with the use of the portal or from contracts between 10Scale GmbH and the customer is Munich, Germany. The place of performance is also Munich.

Applicable law: German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of consumer protection in the country in which the customer has his habitual residence remain unaffected.

Contract language: The contract language is German.