# 1: General

These terms and conditions apply to the use of the Skydive24 website (hereinafter referred to as "Website"). By using the Website, you agree to these terms and conditions. The owner of this website operate Skydive24 classifieds website as well as other services, local and mobile applications, services, and tools (hereinafter collectively referred to as "Kleinanzeigen Services").

# 2: Registration and Account

To fully use the Kleinanzeigen Services, especially for posting ads, viewing certain contact details of advertisers, and exchanging electronic messages with other users, you need to register with Kleinanzeigen. You are required to provide truthful and complete information. You are responsible for the security of your account and must not share your login details with third parties.

# 3: Use of the Website

The Website may only be used for legal purposes. It is prohibited to publish content that violates applicable law, particularly content that is offensive, discriminatory, pornographic, or glorifies violence.

# 4: Content Requirements for Posted Advertisements

The user is obliged to place each advertisement in the appropriate category and describe their respective offer truthfully, including all relevant features and characteristics, using words and preferably also meaningful images. Kleinanzeigen can assist the user, for example, by suggesting a category or additional features for the offered item based on the specified title. The user is obliged to carefully check all entries and only adopt accurate suggestions for their advertisement.

Posting advertisements, texts, images, or other content that violates legal provisions, these terms of use, third-party rights, or good morals (hereinafter referred to as "illegal content") is prohibited. In particular, it is forbidden to post content that:

• violates copyright, trademark, and competition law regulations or legal provisions on youth protection,
• violates the principles regarding prohibited content, or
• contains false information or is otherwise misleading.

Users who use the Kleinanzeigen services as commercial providers or otherwise in a business-like manner are subject to special legal regulations. They are, among other things, obliged to fulfill legal information requirements and to provide a complete provider identification that meets legal requirements. Further information on this can be found on the Kleinanzeigen help page. Kleinanzeigen does not guarantee the accuracy and completeness of the information summarized there.

# 5: Special Obligations of the User

The user is obliged to refrain from any actions that could endanger the safe operation of the Kleinanzeigen services, harass other users, or otherwise go beyond the intended use of the Kleinanzeigen services. In particular, the user is obliged to refrain from:

• sending email advertising, SMS advertising, chain letters, or other harassing content,
• sending viruses or other technologies that could damage the Kleinanzeigen services or the interests or property of other users,
• subjecting the infrastructure of the Kleinanzeigen services to an excessive load or otherwise disrupting or endangering the functioning of the Kleinanzeigen services,
• reproducing, making publicly accessible, distributing, editing, or otherwise using content from Kleinanzeigen without prior consent from Kleinanzeigen in a manner that goes beyond the intended use of the Kleinanzeigen services,
• reproducing, making publicly accessible, distributing, editing, or otherwise using advertisements or other content of third parties without their prior consent in a manner that goes beyond the intended use of the Kleinanzeigen services,
• using crawlers, spiders, scrapers, or other automated mechanisms to access the Kleinanzeigen services and collect content without the express written consent of Kleinanzeigen,
• collecting or using information, especially email addresses or phone numbers, about other users without their prior consent,
• bypassing measures that serve to prevent or restrict access to the Kleinanzeigen services.

The user is obliged to back up and archive all data and information stored within the Kleinanzeigen services that they currently or in the future need or might need for purposes of evidence, accounting, or other purposes on their own storage medium.

# 6: Deletion of Content, Blocking of Users, Other Measures

Skydive24 is not obliged to monitor or actively investigate the content transmitted or stored by the user for circumstances indicating illegal content. However, Skydive24 reserves the right to voluntarily investigate the content transmitted and stored by the user on its own initiative with due discretion and care, and to take other measures to detect, identify, and remove illegal content or block access to illegal content, or to take the necessary measures to comply with legal requirements. Skydive24 is entitled to delete advertisements or other content posted by the user in the Skydive24 services in whole or in part, or to delay or not publish advertisements or other content of the user if there are specific indications that the advertisement or content constitutes illegal content within the meaning of § 4 No. 2 of these terms of use, or if the user has otherwise violated contractual or legal obligations in a manner attributable to them. Skydive24 may also warn the user in such a case and/or temporarily or permanently exclude them from using the Skydive24 services. In the event of a temporary or permanent blocking, Skydive24 will inform commercial users of this circumstance 30 days before the blocking takes effect and justify this on a durable medium (e.g., email), unless there are compelling reasons to the contrary. The aforementioned period does not apply if the termination or permanent blocking is due to mandatory legal provisions or official orders, or if Skydive24 can prove that the user has repeatedly violated these terms of use.

Skydive24 also reserves the right not to publish or remove advertisements from the Skydive24 services if there are indications that the advertised product is not freely marketable or is otherwise offered illegally, or if there are indications that the advertisement is intended to be used for abusive purposes or has been used for such purposes. Skydive24 also reserves the right to exclude certain products from being advertised and to remove corresponding advertisements if these products are typically advertised for abusive purposes.

If a user has been permanently excluded from using the Skydive24 services by Skydive24 or if the usage agreement with the user has been terminated with a corresponding notice from Skydive24, the user may no longer use the Skydive24 services with other user accounts, including accounts created for third parties or by third parties, and may not re-register for the Skydive24 services.

Skydive24 will take into account the legitimate interests of the affected user when choosing the measure, particularly whether the user is not at fault for the violation. If Skydive24 takes one of the aforementioned measures, Skydive24 will inform the affected user of the measure and any legal remedies available to the user with a justification within the framework of legal obligations. Skydive24 uses various procedures and tools for moderating user content. Among other things, Skydive24 uses a system to detect common fraud patterns, including corresponding automatic filter mechanisms, which enables Skydive24 to detect a large number of illegal content and activities through automated and manual review and take appropriate measures.

In the event that a user frequently and obviously provides illegal content (e.g., advertisements with prohibited items, jobs or services, or reviews that violate the principle of the rating function of Skydive24), Skydive24 will suspend the provision of the Skydive24 services for this user after prior warning. When deciding on the suspension, Skydive24 will evaluate promptly, carefully, and objectively on a case-by-case basis whether the user frequently and obviously provides illegal content, taking into account all relevant facts and circumstances that are apparent from the available information. Such circumstances include at least (i) the absolute number of obviously illegal content provided or submitted within a certain period; (ii) their relative proportion of the total number of content provided within a certain period; (iii) the severity of the cases, including the type of illegal content and its consequences; and (iv) the intentions pursued by the user, if these intentions can be determined. The suspension will be for a reasonable period, which is particularly determined by the aforementioned circumstances.

# 7: Liability of Skydive24

The advertisements and other content published in the Skydive24 services do not reflect the opinion of Skydive24 and are generally not checked by Skydive24 for legality, accuracy, and completeness without cause. Skydive24 does not guarantee the accuracy and completeness of the information contained in the advertisements, nor does it guarantee the quality, safety, or legality of the goods or services offered by users.

Skydive24 is liable according to statutory provisions for intent and gross negligence by Skydive24, its legal representatives, executive employees, or other vicarious agents. The same applies to the assumption of guarantees or other forms of strict liability, as well as claims under the Product Liability Act or in cases of culpable injury to life, body, or health. Skydive24 is also liable in principle for simple negligent breaches of essential contractual obligations by Skydive24, its representatives, executive employees, and other vicarious agents, i.e., obligations on whose fulfillment the user regularly relies and may rely for the proper execution of the contract, but in this case limited to the typically foreseeable damage. Further liability of Skydive24 is excluded. The statutory warranty rights to which the user is entitled as a consumer, particularly in cases where digital products are defective, remain unaffected.

To the extent that the liability of Skydive24 is excluded or limited, this also applies to the personal liability of its legal representatives, executive employees, and other vicarious agents.

# 8: Liability of the User

The user indemnifies Skydive24 against all claims that other users or third parties assert against Skydive24 due to a violation of their rights by advertisements and other content posted by the user in the Skydive24 services or due to the user's other use of the Skydive24 services. The user assumes the costs of necessary legal defense by Skydive24, including all court and attorney fees at the statutory rate. The right to indemnification does not exist if the user is not responsible for the infringement.

The user is obliged to provide Skydive24 with truthful and complete information for defense purposes upon request in the event of a claim by third parties, which is necessary for the examination of the claims and defense against them.

Any liability of the user beyond these provisions remains unaffected.

# 9: Data Protection

Detailed information on the collection, processing, and use of personal data of the user by Skydive24 in connection with registration, the execution of the usage agreement, and the use of the Skydive24 services can be found in the Skydive24 privacy policy.

# 10: Changes to the Terms of Use and Permanently Provided Digital Products

Skydive24 may propose changes to these terms of use to the user at any time. The change will be offered to the user in text form (e.g., by email) within a reasonable and proportionate period, which is at least 15 days for commercial users and at least 30 days for private users before the proposed effective date of the change. The change offered to the user will only take effect if the user agrees to it as follows:

• If it is a significant change, Skydive24 will ask the user for their express consent to this change. A significant change is a change to these terms of use (particularly the provisions regarding the type and general scope of the agreed services or regarding the term and termination) in favor of Skydive24 that significantly shifts the previously agreed balance between performance and consideration to the detriment of the user or would be equivalent to the conclusion of an entirely new contract. A change to these terms of use due to a change in the law, a final court judgment, or an injunction does not constitute a significant change.
• If a proposed change is not a significant change in the aforementioned sense, the user's consent is deemed to be given if the user does not expressly reject the change to Skydive24 in text form (e.g., by email) before the proposed effective date of the change. If the user does not agree with the change, they have the right to terminate the contract without notice and free of charge until the proposed effective date of the change. Skydive24 will inform the user in advance of the user's right to reject the change, the deadline for doing so, the consequences of missing the deadline, and the possibility of termination in the message offering the changes.

The amended terms of use will also be published on the Skydive24 website.

In the case of the permanent provision of digital products, Skydive24 may also make changes to these digital products to improve the security, user experience, and performance of the Skydive24 services. This will not incur any additional costs for the user. Skydive24 will clearly and understandably inform the user about such a change.

In the case of changes to digital products that more than insignificantly impair the user's access to or usability of the digital product, Skydive24 will also inform the user within a reasonable period before the change takes effect using a durable medium (e.g., by email) about the features and timing of the change and the user's subsequent right to terminate the contract. In such cases, the user can terminate the contract free of charge within 30 days. The period begins with the receipt of the aforementioned information. If the change occurs after the receipt of this information, the time of the change replaces the time of receipt of the information. The user's right to terminate is excluded if the user retains access to and usability of the unchanged digital product without additional costs.

# 11: Exercise of Rights by Third Parties, Transfer of Contract

For the purpose of fulfilling the contract and exercising the rights arising from this contract, Skydive24 may use other affiliated companies.

Skydive24 is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks. In this case, the participant is entitled to terminate the usage agreement.

# 12: Final Provisions

The terms of use, the usage agreement, and all agreements based on them between Skydive24 and the user are exclusively subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. For consumers residing in the EU, the mandatory provisions of consumer protection law of the member state in which the consumer resides also apply, provided these are more advantageous for the consumer than the provisions of German law.

If the user is a merchant within the meaning of the German Commercial Code, a special fund under public law, or a legal entity under public law, Potsdam is the exclusive place of jurisdiction for all disputes arising from the usage agreement and the agreements based on it. The same applies if the user relocates their residence abroad after the conclusion of the contract or has no general place of jurisdiction in Germany. For users who are consumers, there is a place of jurisdiction at the respective residence of the user. For all disputes arising from the usage agreement and these terms of use, an additional place of jurisdiction for consumers is Potsdam. Skydive24 may only initiate legal proceedings against consumers before the courts at their place of residence.

Skydive24 is neither willing nor obliged to participate in dispute resolution proceedings with consumers before a consumer arbitration board (Consumer Dispute Resolution Act (VSBG)).

Skydive24 is willing to cooperate with the mediators listed here for the out-of-court settlement of disputes with commercial users that could not be resolved using the means of the internal complaint management system, as well as any other disputes; before initiating such a mediation procedure, Skydive24 recommends that commercial users try to resolve their concerns with Skydive24's customer service or the internal complaint management system.

Skydive24 will cooperate in good faith with the selected certified out-of-court dispute resolution body to resolve the dispute. Skydive24 may refuse to cooperate with such an out-of-court dispute resolution body if a dispute regarding the same information and the same reasons for the alleged illegality of the content has already been resolved or if the dispute could not be resolved using the internal complaint management system because the user did not submit their complaint within the six-month period. The authorized out-of-court dispute resolution body is not authorized to impose a binding dispute resolution on the respective user and Skydive24.

If individual provisions of these terms of use are or become wholly or partially void or ineffective, the validity of the remaining provisions shall not be affected. In place of the non-included or ineffective provisions of these terms of use, statutory law shall apply. If such statutory law is not available in the respective case (regulatory gap) or would lead to an unacceptable result, the parties will enter into negotiations to agree on an effective provision that comes as close as possible to the economic intent of the non-included or ineffective provision.