Courtesy translation. The German version is legally binding.

Terms & Conditions

General terms and conditions of WMX Netzwerk & Sales GmbH

As of: 16 July 2025

Table of contents

• § 1 General
• § 2 Definitions
• § 3 Conclusion and content of the contract
• § 4 Right of withdrawal and refunds
• § 5 Consequences of withdrawal
• § 6 Changes to the contract
• § 7 Digital provision
• § 8 Retention of title
• § 9 Warranty and liability
• § 10 Exclusion of liability
• § 11 Data protection
• § 12 Cooperation partners
• § 13 Support
• § 14 Customer obligations
• § 15 Rights to customer content
• § 16 Technical requirements
• § 17 Availability of services
• § 18 Sales partners and affiliates
• § 19 Term and termination
• § 20 Jurisdiction and choice of law
• § 21 Severability clause

Short summary for customers (key facts)

• Digital services, bookable online.
• Contracting party: WMX Netzwerk & Sales GmbH.
• Services primarily for businesses, also for consumers.
• Services are activated through the customer interface.
• Provision is purely digital, no physical delivery.
• Payments are made through payment service providers.
• Cooperation partners include Eldorado GmbH (terms and conditions).
• Data protection in accordance with applicable law.
• Support on working days, 10 am – 5 pm.
• Changes to the terms with a right to object.

§ 1 General

(1) These terms and conditions govern the legal relationship between WMX Netzwerk & Sales GmbH, Mühlenweg 1, 14641 Wustermark (hereinafter “WMX”) and its customers.

(2) Deviating terms apply only with written consent.

(3) The contract language is German. Contract texts are stored and provided on request.

(4) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(5) The place of jurisdiction is Potsdam, provided the customer is a merchant or a legal entity under public law.

(6) The online dispute resolution platform is available at: https://ec.europa.eu/consumers/odr

(7) WMX does not take part in dispute resolution proceedings before consumer arbitration boards.

§ 2 Definitions

(1) “Digital products” are intangible services or access to digital services, such as software modules, affiliate access, dashboards or other sales support systems.

(2) “Consumer” is any natural person who concludes a legal transaction for private purposes.

(3) “Entrepreneur” is a natural or legal person acting in the exercise of their commercial or independent professional activity when concluding the contract.

(4) “Cooperation partners” are third parties whose services are arranged by WMX or made accessible through WMX platforms.

(5) “Affiliate” is a sales person or company that acquires customers on its own responsibility for WMX or its partner customers.

§ 3 Conclusion and content of the contract

(1) The presentation of products and services is not a legally binding offer but an invitation to the customer to submit an offer.

(2) The contract is concluded by acceptance of the order, e.g. by confirmation by email or by successful payment.

(3) The customer undertakes to provide all information necessary for performance of the contract correctly and completely.

(4) The digital service is activated after payment has been received.

(5) WMX reserves the right to reject orders without giving reasons.

(6) For offers from third parties, their terms of contract apply in addition.

§ 4 Right of withdrawal and refunds

(1) For digital services provided immediately, there is no right of withdrawal under § 356(5) of the German Civil Code (BGB) if the customer expressly agrees.

(2) Refunds are made only if there is a statutory entitlement or WMX is responsible for an error.

(3) In the event of technical problems, the customer can contact support. WMX will seek a solution.

(4) Refunds are always made via the payment method originally chosen.

§ 5 Consequences of withdrawal

(1) In the event of a valid withdrawal, payments already received are refunded within 14 days.

(2) Services already rendered can be charged proportionally.

(3) If the service has already been activated, the right of withdrawal lapses.

§ 6 Changes to the contract

(1) WMX reserves the right to change these terms at any time.

(2) Changes are notified to the customer at least 4 weeks in advance.

(3) If the customer does not object within this period, the changes are deemed accepted.

§ 7 Digital provision

(1) The services are provided exclusively digitally.

(2) No physical delivery takes place.

(3) Technical adjustments to ensure compatibility are reserved.

§ 8 Retention of title

(1) The digital services remain the property of WMX until paid in full.

(2) Passing them on to third parties is permitted only with written consent.

§ 9 Warranty and liability

(1) The statutory warranty rights apply.

(2) For entrepreneurs the warranty period is 12 months.

(3) There is no liability for expected advertising success or reach.

(4) WMX is liable only for intent or gross negligence.

(5) In cases of simple negligence, WMX is liable only for breach of essential contractual obligations.

§ 10 Exclusion of liability

(1) WMX is not liable for content and services of third parties.

(2) The customer uses all services at their own risk.

(3) There is no guarantee against server outages, system errors or technical disruptions.

§ 11 Data protection

(1) WMX processes personal data only within the framework of the GDPR.

(2) Data is disclosed only to perform the contract (e.g. payment service providers, cooperation partners).

(3) Details can be found in the privacy policy at https://wmx.gold/privacy-policy.

§ 12 Cooperation partners

(1) WMX offers services in cooperation with third parties (e.g. Eldorado GmbH).

(2) Performance of the contract is partly the responsibility of the cooperation partners.

(3) The terms and conditions of the respective partners apply in addition.

§ 13 Support

(1) Enquiries are handled on working days from 10 am to 5 pm.

(2) Contact is possible by email or via the support form.

(3) The average response time is 1–2 working days.

§ 14 Customer obligations

(1) Customers undertake to provide all data truthfully.

(2) No unlawful, insulting or deceptive content may be submitted.

(3) Violations can lead to suspension of the account and liability for damages.

§ 15 Rights to customer content

(1) The customer assures that they own all content submitted.

(2) The customer grants WMX a simple right of use for the purpose of performing the contract.

(3) WMX is not liable for content of the customer or third parties.

§ 16 Technical requirements

(1) Use of the platform requires a stable internet connection and an up-to-date browser.

(2) WMX is not liable for restrictions caused by outdated technology or network problems on the customer’s side.

§ 17 Availability of services

(1) WMX endeavours to ensure high availability.

(2) Maintenance and updates may lead to temporary restrictions.

(3) There is no entitlement to constant availability.

§ 18 Sales partners and affiliates

(1) Sales partners act independently and not as vicarious agents.

(2) Affiliates must act in the best interests of WMX and its partners.

(3) Advertising with misleading or exaggerated statements is prohibited.

(4) Only authorised advertising material may be used.

(5) Self-commissioning and system manipulation are strictly prohibited.

(6) Inactive accounts (3–6 months) lose their commission entitlements.

(7) Violations lead to immediate suspension and, where applicable, legal action.

§ 19 Term and termination

(1) Depending on the model booked, contracts run for a fixed term or indefinitely.

(2) Termination must be in writing or via the user account.

(3) The right to extraordinary termination for good cause remains unaffected.

§ 20 Jurisdiction and choice of law

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction is Potsdam, as far as legally permissible.

§ 21 Severability clause

Should individual provisions of these terms be wholly or partly invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a legally permissible provision that comes closest to the economic purpose applies.