Terms of Service

1. General Information and Scope

These Terms of Service ("Terms") constitute a legally binding agreement between you and ReCircle Impact UG (haftungsbeschränkt), Gemsenpfad 21a, 13503 Berlin, Germany, registered with the Commercial Register of the Local Court of Berlin Charlottenburg under HRB 272019 B, represented by its managing directors Theresa Schuhmann and Laurent Petit ("we", "us", "our", or "ReCircle Impact").

These Terms govern your access to and use of the ReCircle Impact website, mobile application, and all related services (collectively, the "Service"). By accessing or using the Service, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not access or use our Service.

We reserve the right to amend these Terms from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

2. Service Description

ReCircle Impact provides a platform that helps users identify, manage, and find sustainable solutions for unutilized items. Our Service includes:

• AI-powered item recognition and analysis
• Inventory management tools
• Recommendations for recirculation options (selling, donating, recycling, etc.)
• Connection to local recirculation partners
• Environmental impact tracking
• Business solutions for resource optimization

We reserve the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

3. User Accounts

To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by our registration forms. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account.

You must be at least 18 years old or have the consent of a parent or guardian to use our Service. By using our Service, you represent and warrant that you meet these requirements.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion if we have reasonable grounds to suspect that your account is being used in violation of these Terms or applicable laws.

4. Contract Formation

For users in the European Union, the following information is provided in accordance with EU Directive 2011/83/EU on consumer rights:

The technical steps to follow to conclude the contract: To use our Service, you must register for an account, accept these Terms, and follow the instructions provided on our website or application.

The contract is concluded when you complete the registration process and receive a confirmation from us. The contract language is English. We will store the contract text, and you can access it at any time by logging into your account.

Before confirming your registration, you will have the opportunity to review and correct any errors in your information.

5. Right of Withdrawal for Consumers

If you are a consumer residing in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (ReCircle Impact UG, Gemsenpfad 21a, 13503 Berlin, Germany, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the model withdrawal form available on our website, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Exception to the right of withdrawal: The right of withdrawal expires prematurely for contracts for the supply of digital content that is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

6. User Obligations

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
• Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• Impersonate or attempt to impersonate ReCircle Impact, a ReCircle Impact employee, another user, or any other person or entity
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm ReCircle Impact or users of the Service or expose them to liability
• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent
• Use any device, software, or routine that interferes with the proper working of the Service
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with the proper working of the Service

7. User Content

Our Service allows you to upload, submit, store, send, or receive content, including but not limited to text, photos, and other materials ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through our Service, you give ReCircle Impact (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with our Service), communicate, publish, publicly perform, publicly display, and distribute such User Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new ones. This license continues even if you stop using our Service. Make sure you have the necessary rights to grant us this license for any User Content that you submit to our Service.

You are solely responsible for all your User Content. You represent and warrant that:

• You own or control all rights in and to your User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Content does and will comply with these Terms and all applicable laws and regulations.
• Your User Content does not and will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
• Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

We have the right to remove any User Content that, in our sole judgment, violates these Terms or may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person.

8. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by ReCircle Impact, its licensors, or other providers of such material and are protected by German, European Union, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Service.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
• Access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If you wish to make any use of material on the Service other than that set out in this section, please address your request to: [email protected]

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by ReCircle Impact. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

9. Trademarks

The ReCircle Impact name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ReCircle Impact or its affiliates or licensors. You must not use such marks without the prior written permission of ReCircle Impact. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

10. Fees and Payment

Some aspects of the Service may be provided for a fee. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms as we may update them from time to time. ReCircle Impact may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

You are responsible for paying all fees associated with your use of our Service. We may suspend or terminate your access to the Service if your payment is late or your provided payment method cannot be processed. Fees paid are non-refundable except as required by law or as explicitly set forth in these Terms.

All prices displayed on our Service include statutory value-added tax (VAT) at the applicable rate.

11. Limitation of Liability

To the fullest extent permitted by applicable law, ReCircle Impact and its directors, officers, employees, agents, subsidiaries, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; and
• Unauthorized access, use, or alteration of your transmissions or content.

Notwithstanding the foregoing, nothing in these Terms shall affect:

• Our liability for death or personal injury resulting from our negligence;
• Our liability for fraud or fraudulent misrepresentation;
• Any other liability that cannot be excluded or limited by German law.

In any case, our total liability to you for all claims arising from or relating to these Terms or your use of the Service shall be limited to the amount you have paid to ReCircle Impact for use of the Service in the 12 months preceding the event giving rise to the liability, or €100, whichever is greater.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between ReCircle Impact and you.

12. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, ReCircle Impact expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

ReCircle Impact makes no warranty that:

• The Service will meet your requirements;
• The Service will be uninterrupted, timely, secure, or error-free;
• The results that may be obtained from the use of the Service will be accurate or reliable;
• The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; and
• Any errors in the Service will be corrected.

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from ReCircle Impact or through or from the Service shall create any warranty not expressly stated in these Terms.

13. Indemnification

You agree to defend, indemnify, and hold harmless ReCircle Impact, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

14. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law provisions.

For consumers residing in the European Union, these Terms do not affect statutory consumer rights that cannot be contractually altered or waived. If you are a consumer, you may bring any dispute to the competent court of your place of residence or to the competent court of ReCircle Impact's place of business in Germany.

If you are a business, any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.

16. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute settlement proceedings before a consumer arbitration board.

17. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

18. Entire Agreement

The Terms constitute the entire agreement between you and ReCircle Impact regarding our Service and supersede all prior and contemporaneous written or oral agreements between you and ReCircle Impact.

You may be subject to additional terms and conditions that may apply when you use or purchase certain other ReCircle Impact services, affiliate services, third-party content, or third-party software.

19. Waiver

No waiver by ReCircle Impact of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ReCircle Impact to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Contact Information

Questions about the Terms should be sent to us at:

ReCircle Impact UG (haftungsbeschränkt)
Gemsenpfad 21a
13503 Berlin
Germany
Email: [email protected]