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Terms and Conditions

Last updated: June 6, 2026

1. Scope and provider

1.1 These Terms and Conditions ("Terms") govern the use of the website xellux.com as well as the registration for and use of a Xellux ID account and the products and services accessible through it (together the "Services") provided by Xellux, owner Can Yigit (for provider details see the Imprint) ("Xellux", "we"). 1.2 These Terms apply to consumers (Sec. 13 German Civil Code (BGB)) and businesses (Sec. 14 BGB). Deviating, conflicting or supplementary terms of the user shall only become part of the contract if we have expressly agreed to their application in text form. 1.3 Additional or deviating terms may apply to individual Services. These will be communicated to the user before such Services are used and shall take precedence over these Terms in the event of a conflict.

2. Subject matter of the contract

2.1 With the Xellux ID, Xellux provides a central user account that allows users to sign in to all Xellux products. 2.2 The current scope of functionality of the Services results from the description on the website at the time of registration or use. There is no entitlement to specific features, to their retention, or to the future availability of individual products, unless expressly agreed otherwise. 2.3 The subject matter of these Terms expressly does not include the provision of individual development, design or consulting services; separate agreements shall be concluded for such services.

3. Registration and Xellux ID account

3.1 Registration takes place by creating an account with an email address and password or via supported third-party sign-ins (e.g. Google, Microsoft, Discord). Upon completion of the registration, a usage agreement for the account is concluded between Xellux and the user. 3.2 The user is obliged to provide truthful information during registration and to keep their data up to date. Registration is only permitted for natural persons with full legal capacity and for legal entities; minors may only register with the consent of their legal representatives. 3.3 Login credentials must be kept secret and protected from access by third parties. The user shall inform us without undue delay at [email protected] if there are indications of unauthorised use of their account. We recommend activating the security features offered (e.g. two-factor authentication, passkeys). 3.4 There is no entitlement to registration. We may refuse registration without stating reasons.

4. Services and availability

4.1 We strive for high availability of the Services but, unless expressly agreed otherwise, do not owe any specific minimum availability. In particular, there is no entitlement to uninterrupted availability for free Services. 4.2 Maintenance work, further development, security updates or disruptions (e.g. affecting third-party infrastructure or communication networks) may lead to temporary restrictions. Where possible, we carry out planned maintenance outside typical usage hours. 4.3 We are entitled to further develop, modify or discontinue the Services to the extent this is reasonable for the user, taking into account our legitimate interests. If a free Service is discontinued, we will inform registered users with reasonable advance notice.

5. Beta Services

5.1 Individual products or features may be labelled "Beta", "Preview" or similar. Beta Services are under development and are expressly provided in a non-final state. 5.2 Beta Services may contain errors and may be changed, interrupted or discontinued at any time; their scope of functionality and data may change or be lost. Users should not process any data in Beta Services whose loss cannot be tolerated. 5.3 For Beta Services, we do not warrant any specific functionality or availability. The liability provisions in Section 9 remain unaffected.

6. User obligations

6.1 The user undertakes not to misuse the Services, and in particular: • not to store or distribute unlawful content, • not to infringe the rights of third parties (e.g. copyrights, trademarks, personality rights), • not to distribute malware and not to carry out attacks on the Services or infrastructure (e.g. circumvention of security measures, penetration tests without prior written consent, overload attacks), • not to perform automated access beyond the intended use, • not to transfer or sell accounts to third parties. 6.2 In the event of violations of these obligations, we may take appropriate measures after weighing the interests involved, ranging from a warning to temporary suspension to termination of the account. Statutory claims remain unaffected.

7. Rights of use and intellectual property

7.1 For the duration of the contract, the user is granted the non-exclusive, non-transferable and non-sublicensable right to use the Services to the extent provided for in the contract. 7.2 All rights to the Services, the software, the trademarks, logos and content of Xellux remain with Xellux or the respective rights holders. Open-source components are subject to the applicable licence terms. 7.3 The user retains their rights to content they contribute to the Services. The user grants us the non-exclusive rights of use technically required to operate the Services (e.g. storage, reproduction for backup purposes, display).

8. Fees

8.1 Registration of the Xellux ID and the Services currently labelled as free are provided free of charge. 8.2 If paid services are offered in the future, prices, billing periods and contractual terms will be clearly stated before the respective contract is concluded. Free services will not be converted into paid services without the user's express consent. 8.3 When concluding paid contracts, consumers are entitled to their statutory rights, including any statutory right of withdrawal; separate information on this will be provided during the ordering process.

9. Liability

9.1 We are liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, and under the provisions of the German Product Liability Act (Produkthaftungsgesetz). 9.2 In cases of slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the user may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract. 9.3 For free Services, we are moreover only liable for intent and gross negligence as well as in the cases set out in Section 9.1. 9.4 Strict liability for defects existing at the time of contract conclusion is excluded to the extent permitted by law. Liability for data loss is limited to the recovery effort that would have been incurred had the user performed proper and regular data backups.

10. Term and termination

10.1 The usage agreement for the account runs for an indefinite period. The user may terminate it at any time without notice, in particular by deleting their account in the account settings or by email to [email protected]. 10.2 We may terminate the agreement for free Services in text form with 14 days' notice. The right to extraordinary termination for good cause, in particular in the event of serious or repeated violations of Section 6, remains unaffected. 10.3 Upon termination taking effect, access to the account ceases. Statutory retention obligations remain unaffected; otherwise, personal data will be deleted in accordance with the privacy policy.

11. Changes to these Terms

11.1 We may amend these Terms with effect for the future to the extent this is necessary due to changes in the legal situation, case law, technical circumstances or the scope of functionality of the Services, and provided the amendment does not unreasonably disadvantage the user. 11.2 We will inform registered users of changes in text form (e.g. by email) at least six weeks before they take effect. If the user does not object within the stated period or continues to use the Services after the changes take effect, the amended Terms shall be deemed accepted; we will specifically point out this legal consequence in the change notification. In the event of an objection, both parties are entitled to terminate the agreement.

12. Data protection

Information on the processing of personal data in connection with the use of the Services can be found in our privacy policy, available at xellux.com/privacy.

13. Use of Artificial Intelligence

13.1 Xellux uses artificial intelligence ("AI") systems, both in the development and operation of its own Services and as functionality within its products, as well as in the context of services we provide for clients (e.g. software development and design). 13.2 Labelling and transparency: We make features in which users interact directly with an AI system identifiable as such, unless this is obvious from the circumstances (Art. 50 (1) of Regulation (EU) 2024/1689, the "AI Act"). Where we publish AI-generated or AI-manipulated image, audio or video content that deceptively resembles real persons, places or events, or AI-generated text on matters of public interest without human editorial control, we label it in accordance with Art. 50 (4) of the AI Act. 13.3 Limits of AI output: AI output is based on probabilistic methods and may, despite careful design, be inaccurate, incomplete or biased. It does not constitute legal, tax or other professional advice. Users are required to review AI output on their own responsibility before any use of legal or economic significance. 13.4 AI-assisted service provision: AI-assisted tools may be used in services we provide for clients. Quality control and responsibility for the work results remain with us; work results are reviewed by a human before delivery. 13.5 Risk classification: In our assessment, the AI features currently in use are not high-risk AI systems within the meaning of Art. 6 of the AI Act. We do not employ prohibited practices within the meaning of Art. 5 of the AI Act (e.g. manipulative or deceptive techniques, social scoring). 13.6 We take measures to ensure a sufficient level of AI literacy among the persons involved in the use of AI (Art. 4 of the AI Act). Our privacy policy provides information on the processing of personal data by AI features; decision-making based solely on automated processing with legal effect (Art. 22 GDPR) does not take place.

14. Consumer dispute resolution

We are 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 (VSBG).

15. Final provisions

15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence. 15.2 If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered seat of Xellux. 15.3 Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. 15.4 The German version of these Terms is solely authoritative; translations are provided for information purposes only.